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HomeMy WebLinkAboutAgenda Packet 05-20-1997PLEDGE OF ALLEGIANCE: ROLL CALL: City of Cape Canaveral 3UNCIL REGULAR MEETING CITY HALL ANNEX Avenue, Cape Canaveral, Florida TUESDAY May 20,1997 7:00 P.M. AGENDA PRESENTATION: Mayor's Award, Maggie Johnson, Maggie's Mini Nursery Diane McAlister, Cocoa Beach High School, International Baccalaureate Update CONSIDERATIONS: 1. Motion to Approve: Minutes, April 15, 1997 Regular City Council Meeting 2 3 4. Motion to Approve: Stottler, Starmer & Associates Proposal to Design and Permit a Pedestrian Bridge in the amount of $12,200. Motion to Approve: Motion to Approve RESOLUTIONS 5. Motion to Approve: Voting Delegate to the Space Coast League of Cities Interlocal Agreement with Brevard County to fund the design of a pedway along the east side of SR AIA Resolution No. 97-13, A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. INSERTING THE NAME d:\cityclerk\cityclk\agenda\regular\ 199705-20-97.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 City Council Regular Meeting Agenda May 20, 1997 Page 2 6. Motion to Approve: Resolution No. 97-14, A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. INSERTING THE NAMES and 7. Motion to Approve: Resolution No. 97-15, A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE SCHEDULE OF FEES FOR ZONING PETITIONS, ORDINANCE AMENDMENTS, SPECIAL EXCEPTIONS, AND VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS ORDINANCES - SECOND READING: 8. Motion to Adopt: Ordinance No. 02-97, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Motion to Adopt: Ordinance No. 03-97, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Council Regular Meeting Agenda May 20, 1997 Page 3 DISCUSSION: 10. Construction of the east -west section of Tower Boulevard 11. Shuford Development's request to deed roadways to the City. REPORTS: 12. City Manager's Report AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 15, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Saga Sims City Treasurer, Deborah Haggerty Barker Building Official, G. J. "Whitey" Moran Public Works Director, Edward Gardulski Mayor Porter recognized a group representing Long Point Road and the neighborhood park issue. He queried if the group would prefer that Council call a special workshop meeting to hear their concerns or wait until the Audience to be Heard section at the end of the meeting. The group preferred to return to a special meeting specifically for the proposed Long Point Road Neighborhood Park issue. The meeting was scheduled for Thursday, April 22, 1997 at 7:00 p.m. PRESENTATION: (Tape 1, 205) Jennifer Taylor, Economic Development Council, Presented a Community Data Summary Brochure relating demographic information about the city. INTERVIEWS: (Tape 1, 334) City Attorney, Kohn Bennett, interviewed Ms. Dolores J. Stribling, as a candidate for Community Appearance Board membership. Ms. Stribling stated that she has lived in Cape Canaveral for over twenty years. Neither she nor any family member serves on a City Board. She related that she is interested in this board because of her interest in the appearance of the City. Mr. d:\cityclerk\city clk\rninutes\regWu\ 1997\04-15-97.doc City Council Regular Meeting Minutes April 15, 1997 Page 2 Bennett queried if she would have a problem not addressing the technical building codes and focus strictly on appearance. Ms. Stribling responded that she understands and has no problem. Mr. Bennett interviewed Norman Boucher and Randall Byrd, as candidates to the Construction Board of Appeals and Adjustment. Mr. Boucher stated that he understands the membership role to be one of interpreting the technical codes. He related that he has no problem serving in a quasi-judicial capacity to either affirm or reject the opinion of the Building Official. He related that his professional experience provides him with an ability to discern the codes. There is no residency requirement for this board and Mr. Boucher has no family member on a City Board. Mr. Byrd stated he understands the membership role of this Board. He related that he has no problem serving in a quasi-judicial capacity to either affirm or reject the opinion of the Building Official. He related that he is a civil engineer and threshold inspector, which provides him with an ability to discern the codes. Mr. Byrd has no family member on a City Board. CONSIDERATIONS: 1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of April 1, 1997. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, #681) 2. City Treasurer, Deborah Haggerty Barker, presented the Quarterly Treasurer's Report and Budget Transfers. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Quarterly Treasurer's Report and Budget Transfers.. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 699) Mayor Porter, City Manager Boucher, and Mayor Pro Tem Randels presented Ms. Barker with a plaque, commending her for serving the city well during her tenure. They also extended well wishes to her in her new endeavors with the county. RESOLUTIONS: Mayor Porter read Resolution No. 97-09 by title. (Tape 1, 990) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97- 09, inserting the name Thomas Quinn, appointing him as a regular member to the Construction Board of Adjustment and Appeals.. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. City Council Regular Meeting Minutes April 15, 1997 Page 3 4. Mayor Porter read Resolution No. 97-10 by title. (Tape 1, 1080) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STARMER AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Porter and seconded by Mr. Bruns to approve Resolution No. 97-10, renewing the Engineering Services Contract with Stottler, Starmer and Associates. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - FIRST READING: 5. Mayor Porter read Ordinance No. 06-97 by title. (Tape 1, 1784) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY THE ADDITION OF A NEW SECTION 110-482, UNDERGROUND UTILITIES REQUIRED, BY PROVIDING FOR THE CONSTRUCTION OF UTILITIES UNDERGROUND ON ALL NEW CONSTRUCTION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve Ordinance No. 06-97 for second reading. City Attorney, Kohn Bennett stated that the updated ordinance includes the references that installations must be by directional boring. Mr. Petsos expressed concern that determinations should be with input from the City Manager and Public Works Director. An amending motion was made by Mr. Petsos and seconded by Mr. Bruns to change the sentence ...as determined by the City Manager, with input from the Building Official and Public Works Director. There was no public comment. The amending motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. There was no public comment on the main motion. The main motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 6. Mayor Porter read Ordinance No. 07-97 by title. (Tape 1, 2162) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, ARTICLE II, COMMERCIAL DEVELOPMENT BOARD, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 22-28, COMPOSITION; QUALIFICATIONS, BY AMENDING SUBSECTION (a) REDUCING THE NUMBER OF MEMBERS OF THE BOARD TO FIVE (5) REGULAR MEMBERS AND TWO (2) ALTERNATE MEMBERS; PROVIDING FOR SEVERABILITY; City Council Regular Meeting Minutes April 15, 1997 Page 4 PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Ordinance No. 07-97 for second reading. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. DISCUSSION: 7. (Tape 1, 2209 & Tape 2) Mr. Tim Fadul, District Manager and Mr. Bob Hers, Governmental Manager for the State of Florida, were present requesting a Garbage Contract extension for USA Waste Industries. Mr. Fadul specified improvements to service that have been made since Western Waste's merger with USA Waste Industries. He enumerated the following in exchange for an early extension to the Garbage Contract: • Residential rate reduction - $1 per unit • Recycling profits passed on to the city - 100% versus 50% as currently contracted • The $1 reduction would be in effect until 1999, then the current program would be reinstated based on 85% of the CPI, not 100%. • Decals on dumpsters can be changed to please those residents who do not like the current ones. • Roll -off rates can be negotiated by the City. There would be no change in commercial front load service rates Council consensus was to decline the contract extension and let for bids before the contract terminates because it has been more than 15 years since the contract has been submitted for bid. Mayor Porter requested that USA Waste consider offering the $1 rate reduction to residential customers regardless of the contract extension. Mr. Fadul stated that he would need to respond in writing after consulting with representatives of USA Waste. (Tape 2, 211) City Manager, Bennett Boucher, explained the crux of the proposed Interlocal Equipment Agreement with the City of Cocoa Beach. Mr. Ed Gardulski, Public Works Director, opined that the rates appear to be out of sync with FEMA rates (Federal Emergency Management Agency). Mr. Petsos stated that the contract appears to be amenable to him. He queried if the FEMA rates are applicable only to emergencies and disasters. Mr. Petsos requested that a recital statement be added as follows: Whereas, the rates and contract specifics provide for cost savings to the City of Cape Canaveral and the City of Cocoa Beach. Mr. Hernandez opined that the contract is good and provides an opportunity for us to utilize arbitration rather than litigation. He requested that paragraph 13 be changed to mandate arbitration in the event of a dispute. 9. (Tape 2, 410) City Manager, Bennett Boucher suggested and Council concurred that the City Hall Remodeling should be considered during Budget discussions. City Council Regular Meeting Minutes April 15, 1997 Page 5 10. (Tape 2, 476) Mayor Porter related to Major George McGee, Canaveral Precinct Commander, that the issue regarding the Ballpark Area Patrol stems from the Council trying to make the community family/youth friendly. He related that there have been reports of undesirable people loitering around the city parks intimidating some people. Major McGee responded, in order to guarantee that a deputy will be at the park during Little League games and practice will incur overtime costs of approximately $4,000 from now until May 20. He stated that there has been no increase in personnel since 1988 and the call load has doubled. Sargeant John Boyd reported that there have been 659 calls to the Youth Center since January, this year. He related that they have been trying to be there and take calls from the ball field, but sometimes it is not possible. Mr. Randels queried, what will solve the problem of diminishing the number of undesirable people from city parks, the youth center and ballpark, particularly? Major McGee responded that only money would provide for adequate patrol staffing. Council concurred to allocate $4,000 to fund patrol overtime during Little League hours until May 20, 1997. Meanwhile, staff is directed to obtain costs for staffing a Park Ranger who could be employed on a part-time basis. Mr. Petsos queried Major McGee regarding the Crime Line. He related that he has called numerous times and the telephone is not answered nor is there a recording. Major McGee related that he would get it working again, carried by someone on each shift. Neighborhoods to Standard Program (Tape 2, 1932) Mayor Porter showed a video produced by the City of Houston regarding their Neighborhood to Standard Program. The video brought to light several concepts for programs and projects that the City of Cape Canaveral has already instituted,. The video demonstrated that we are of the right mindset with our approach of being co -active (residents with government); the sidewalk prime path plan; police protection; eliminating drug houses; and revitalizing neighborhoods. By maintaining our infrastructure, we are fulfilling our mission to make our city a safe, clean, affordable and revitalized residential community. REPORTS: City Manager - Bennett Boucher (Tape 2, 2950 ) Mr. Boucher reminded Council of the Workshop Meeting to be held on Thursday, April 24, 1997 at 7:00 p.m. to hear from residents regarding the Long Point Road Neighborhood Park City of Cape Canaveral Workshop Minutes Long Point Road Neighborhood Park April 24, 1997 Page 4 For (Tape 1, 1340) Judy Hale, 110 Washington Avenue Ms. Hale opined that the city should provide all children a safe place to play . Against (Tape 1, 1442) Jackie Coates, Beautification Board Chairperson Ms. Coates stated that as April 9, 1996 and May 14, 1996 minutes would reveal, the subject of a west side park has been explored by the Beautifcation Board and were under the impression that a small property on Columbia Drive was being considered and recommended that a bus shelter should be constructed. She asked the following questions: 1. Does the city own the proposed property? 2. If leased, when was it leased, and what are the options? 3. What is the duration of the lease and the cost? Ms. Coates opined that the property has little residential or commercial use, therefore, its best use is as a passive park with benches and a bus stop. She related that in the event the purchase is not made and the lease expires, the property could be returned to its original state easily. For (Tape 1, 1720) Cindy Freburg, 7101 Ridgewood Avenue, #208 Ms. Freburg stated that she represents several parents from Cape View Elementary School. She is PTO president. Ms. Freburg stated that children are not an infliction and that an empty lot converted to a park can be beautiful with playground equipment included in the park setting. She stated that she is willing to support and volunteer to help implement the park. Against (Tape 1, 1850) Cindy Knight, 208 Long Point Road Ms. Knight stated that she has two children and four grandchildren, and certainly is not anti -children. She related that she is opposed and thought the proposed park was passive, not including playground equipment. For (Tape 1, 1890) Joy Salamone, 7103 N. Orange Avenue Ms. Salamone stated that during her tenure as Mayor of the city, at least seven years ago, west side parents had lobbied for a park to preclude children from having to cross AIA. She related that there are different parents now with the same problem as seven years ago. Ms. Salamone suggested that the history of the issue should be considered. She stated that continuous search has been made to locate an affordable, safe place to provide a neighborhood park with particular focus on children. Against (Tape 1, 2034) Mike Palm, 205 Long Point Road, across the street from the proposed park Mr. Palm opined that the way the park was proposed is wrong. He stated that the area is not a park, it is proposed to be a playground. City of Cape Canaveral Workshop Minutes Long Point Road Neighborhood Park April 24, 1997 Page 5 For (Tape 1, 2105) Megan Dack, 230 Columbia Drive Ms. Dack, an elementary school child, expressed her concern to have a place to play regardless of whether it is called a park or a playground. Against (Tape 1, 2147) Joe Knight, 208 Long Point Road Mr. Knight stated that the cost will be $25,000 to get the park going. He also stated that the lease is with an option to purchase the property. He related that according to the proposed plans, the park will be open on one side, so it can not be considered an enclosed park. Mr. Knight related that he recently moved to Long Point Road from Columbia Drive where he resided for 8 years and does not choose to have the Columbia Drive residents using a park adjacent to his home on Long Point Road. He also opined that the proposed plan is for a playground, not a park. For (Tape 1, 2290) Rolanda Dack, 230 Columbia Drive Ms. Dack stated that a meeting should not be required for the city to provide a playground or park for children. She opined that all citizens should be concerned about the way we speak, drive and live with people, who include children. She stated that safety is an issue and the city should be concerned about children as they will be our future. There were no other people speaking against the issue, therefore, the following children were given an opportunity to speak in favor. For (Tape 1, 2471) Brandy Nicole stated that she wants a park. Gabriel Catrono stated that she wants a park because she can't watch television. Amanda stated that she wants to play in the park. Council Member, Buzz Petsos, stated that an expert witness would be required for the Council to consider auto emissions as an environmental factor. (Tape 1, 2560) The Audience was given a second opportunity to speak on relevant matters which had not yet been addressed. Against (Tape 1, 2610) Don Arabian Mr. Arabian stated that he is an aeronautical engineer and knows the subject matter of emissions. He stated that he lives there and wants a park for children. He opined that the place is not good because it is on the west side of AIA, creating health and safety issues which are scientifically proven. City of Cape Canaveral Workshop Minutes Long Point Road Neighborhood Park April 24, 1997 Page 6 For (Tape 1, 2772) Elma Devala, 230 Columbia Drive, 203 Ms. Devala stated that children do live on Long Point Road. Against (Tape 1, 2820) Lee Coates Ms. Coates stated that the proposal is for a playground, not a park. She opined that there should be a buffer around the residential zone if all other areas have been researched and exhausted. Further, any playground equipment should be of natural substances. For (Tape 1, 2927) Corey Purvis Ms. Purvis stated that buffer zones are appropriate. Again (Tape 1, 3020) Michelle Lehr Ms. Lehr stated that she has obtained minutes from all the boards since 1994 where a park on Long Point Road is mentioned. She stated that it always refers to the park as a "neighborhood park," never as "a playground". She opined that it is not compatible with the adjacent neighborhood as required by the comprehensive plan. Ms. Lehr stated that there is a reason that there are no parks on the west side of Al from the Port south to Indialantic. She queried, why has property not been considered for condemnation on Columbia Drive for the proposed park. For (Tape 1, 3450) Kelly Sellers Ms. Sellers stated that there are children on Long Point Road and on Sunset who are a part of the neighborhood. Against (Tape 2, 50) Sandy Wilson, Long Point Road Ms. Wilson stated that no one has approached the Long Point Road residents with questions as were the Columbia Road residents. Further, no one notified them of the clean up project at the proposed park site. She expressed concern that the park plan was in working mode before the residents were contacted. She opined that Mr. Arabian has a good natural proposal for the proposed park area. She queried if the city is willing to assume liability for children crossing the residential fence that encloses a pool. Mayor Pro Tem Randels closed comments at this time and adjourned the meeting at 8:30 p.m. ATTEST: Sandra Sims, CITY CLERK 7-� 'T V'-U�, PJ - q c13 qk 9 91- 1 C4 Ct- 17, ) D I- C D L, -, "? - , i, 4 / : --,)' I �I ii; 1'fil; K 1 ii pe Ojo Q' co e- V,c� nj' �� .L s �,� e"n c�v 1, I} o P)d� r (A' hay C ov I J"rtti.C�y 4 -re -e,- 0,/idGv p-, 1 W 0 eJ G �i- C r :E�i✓ z �f +Ll CAS, f 1 Ja L', � o�� t % / 1 ( I ,1 17�c ttil(.�TI,t.1 S�e Cou �� �c<.✓C G:� '��� �G:!'1� ALPf� f I ��n � She- C04,lo C/O e lo / ct5 G �S�Jl�r f� 0L- C,)o�.� (/✓0 i (A l r PC,,e-Cl n ec �'e LC © i1(� C I CiC' n � !. Setia, 1 �y 1c �vr' 0u 1.0 �� UCSD 5 �tnyG�(`UunC(J �lC.,) 1__G1✓ }�u�{itC. J ��►1on C), Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA Heading Considerations Item 2 No. Brevard County Transportation Impact Fees. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: MOTION TO APPROVE SSA PROPOSAL TO DESIGN AND PERMIT A PEDESTRIAN BRIDGE FOR THE CANAL/EAST SR AlA DEPT./DIVISION: PUBLIC WORKS Requested Action: That the City Council consider the approval of the proposal from Stottler, Starmer & Associates in the amount of $12;200 for the design and permitting of the canal bridge for pedestrians. Summary Explanation & Background: See attached Scope of Services. I am also requesting that the City Council authorize the City Manager to secure funding of this design with Brevard County Transportation Impact Fees. Also of note, see proposed location of Port sewer main. There is a conflict that will have to be worked out by the City and Port. Also, FDOT is soliciting design proposals from engineering firms based on our ISTEA application. Proposals are due into FDOT later this month. Please advise. Exhibits Attached: SSA Proposal; 8' Sewer Main Plan; Bridge Information City Man}agcr's Office Department PUBLIC WORKS I :adminVcamcii\m-tin&5-20.971pe�dY.doc City of Cape Canaveral -ce President ;sociates 2920 RE: Cape Canaveral Canal/AIA Bridge project and Port Sewer Line Dean Mr. Pekar: Attached is a copy of the Port's Plan to cross the AlA canal. it is apparent that there is a uonflicV between the Port's proposed sewer line and the City's bridge project. The following are a few suggestions to resolve the conflict for your review: 1. Having limited elevation information of the proposed sewer Ii nee and the bridge, it may be feasible for the City's bridge to span over top Of the sewer line. This idea would require that. We sewer line be installed Prior to the bridge installation. 2. the Port's sewer line to the east side of tthe City's pinposed bridge. This may be accomplished by rotating the 81, 45's so that the sewer line, at the canal cross over point, will_ be located at the outside edge of the FDOT's Right -of -Way line. 3. The third idea is to directional bore under the canal and the CUY's proposed bridge. Please review these ideas and any other alternative resolutions LO the CYLY's Bridge/Port Sewer Line conflict. As a reminder, We City's Bridge Project is scheduled for City Council discussion on May 20, 1997. I'm confident that this problem can be resolved through coordination between both projects. Sincerel y, Ed Gardulski Public Works Director. cc: Bennett C. Boucher, City Manager File 105 POLI( AVENUE * POST OFFICE BOX 326 0 CAPE CANAVERAL, FL 329200326 TELEPHONE 1407) 8601200 0 FAX 507) 7913170 (FOR CO"NUAMN SEE SNEFT C;—n) MATCH LINE STA. 65+00 1 J A IN I A cq ul Co cn cn cn c: O7 cb CJ1 r I Cn (n {mac m m Ci I � r= - n z I o r p R/W zi Iv Ln ---------� tV� _.m 5•xtC' BOX CULvERT �'-j c �m _ _ _ rl 6'XlC' BOX CULvERT F� r Ir II D I � I r Ii I �Ij R/W cz��Ili I • ctiv� >cn v� v a, cn 01 Ln _ �> =� cb I I y I c m m `s m m cn Q 6 I( G7 rn cn I II COD m Fil^.I Cn C > a) Z p Zfti1 �_ co III C N ►j tQ �a I{ F_ X_ 'm `I o a I w� Tran j 1F:NF':gdH) Ail) �� 01T�6GLLtifi TF3 LL' k�i 'J 1'.' fT6 0 April 30,1997 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Cape Canaveral CanaUA1A Bridge Dear Ed: SO"-, Per your letter request of April 25, 1997 SSA is pleased to present the following fee proposal for Engineering Services of the above referenced bridge. As noted, this structure will be supplied by Steadfast Bridges and will reflect dimensions of fad wide by 70' in length. SSA's specific work tasks to support the design and installation of this bridge will include: SSA SCOPE OF SERVICES Task 1 - Field Investigations and Coordination with Bridge Manufacturer SSA will perform field surveys to locate FDOT's right-of-way along the east side of SR A1A, canal cross sections at the proposed bridge location, height of overhead utilities, and approach grade topography for sidewalk areas. SSA will also obtain bridge shop drawings from Steadfast Bridges to coordinate abutment and construction design data, As a part of the field investigations SSA will obtain soil borings to 15' depths at each abutment location. Task 2 - Supplemental Design Package to Steadfast Bridge Drawings SSA will provide abutment designs for the installation of the bridge. Locations of the proposed ditch crossings will be staked in the field and reviewed with City and utility (FP&L) personnel. SSA will support the Contractor's bid package with the City. Task 3 - Permitting SSA presently anticipates an approval process from the Florida Department of Transportation (FDOT) for work in their right-of-way. SSA will coordinate with the FDOT for this work. (While the St Johns River Water Management District (SJRWMD) is not expected to require a permit, coordination via a telephone call will be made to explain the proposed work.) Task 4 - Construction Coordination Services SSA will provide up to five (5) days to coordinate the installation of the bridge and provide certification of the completed work. Field surveys will also be performed to site the bridge and provide certification data. 0�\Ww nst.dDC "treat To Work For ... Greater To Work With Mr. Ed Gardulski April 30,1997 Page 2 SCHEDULES AND FEES Schedules Upon receipt of the City's written authorization to proceed SSA will perform tasks 1 and 2 above within 45 days of receipt of the shop drawings for the bridge. Schedules for the remaining tasks will be set with the City's coordination after the drawings are complete. Fees SSA's fees for the above listed tasks will include the following lump sums: Task 1 - Lump Sum Fee of $2,000.00 Task 2 - Lump Sum Fee of $6,000.00 Task 3 - Lump Sum Fee of $1,200.00 Task 4 - Lump Sum Fee of $3,000.00 Total Lump Sum Fee for the proposed work will be $12,200.00. The above fees include reproduction services of up to 10 drawing sets. SSA's fees will be invoiced based on a percentage of work being completed each month and payment will be due within thirty (30) days of receipt Additional printing (other than the 10 drawings sets noted above) requested by the City will be invoiced at our cost plus 15%. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through May 31, 1997. Acceptance after this date may necessitate increased fees or altered conditions. c l60krojectslcap6 bridge installation doc "Great To Work For... Greater To Work With" Mr. Ed Gardulski April 30,1997 Page 3 Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. We have also attached a data sheet for anticipated total project costs for this project Sincerely, Stottler Starmer & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP JJs cc: Pat Dwyer Attachment: Anticipated Project Costs for Bridge System ACCEPTANCE: W TITLE: DATE: cAaviRprojectslcapetp-budge installation.doc "Great To Work For... Greater To Work With" ANTICIPATED PROJECT COSTS FOR BRIDGE SYSTEM AT CAPE CANAVERAL CANAL I SR AIA BRIDGE April 30,1997 It is anticipated that the Bridge Project costs will include, but not be limited to, the following: Item Cost General' Notes Initial Cost of Bridge $24,000.00 Anticipated Costs of Bridge Abutments $6,000.00 Lightweight Concrete Bridge Deck (By Contractor) $3,500.00 Possible FDOT Permit Fee $1,000.00 FP&L Installation of Wires in Work Area $2,000.00 Might be lower pending FP&L Meetings Contractor Bridge Installation (includes crane rental) $4,800.00 Includes Maintenance of Traffic SUBTOTAL $41,300.00 10% Contingency $4,130.00 SUBTOTAL - Estimated Construction Costs $46,000.00 Fee Rounded Up Engineering, Survey, Soil Testing $12,200.00 ESTIMATED PROJECT COST $58,200.00 * Does not include approach sidewalks, purchase of rights-of-way, landscaping, lighting, rip -rap of canal system. c:Va.iprojedecapehbrirlge iat*fion.doc (FOR CONTINUATION SEE SHEET C-5) MATCH LINE STA. 65+00 I I I`il N n D N A n I� Ij I 00 (n 00 Cn 00 Cn D D D -D • . . I C 0 CnLn Uri C�J1 0) D I r U1 � r m + = I zN J I �00 �cfl M N N N c � I D n n o z 0 n o > R/W ZZ 10 N D }10 — — — — — — — — _ o n oz NWJ�� rri 6'X10' 80 CULVERT z �m 6'X10' BOX CULVERT � rn. IJ_ N O o V n _- w D rr- II II II R/W II C) , _ +00 II D II II ooD 00 00 (A D� �O II icy' �'Q' m°� o� II �rn rn M� o I <00 my D� II III r°' �� �N m00 Z CO II mN N N DN ou II x I �r-I m pm I II > W I_ I I► m HrP,-13-_'7 TUE O HI'I STEHLFT 15 11 1 11 11E r_O. 10`c:a;ter7-,1,1 It- _at .5 71"71 BRIDi&tS I A DIYIS10N OF BILTOIAST PRODUCTS INC. DATE: APRIL 15, 1997 TO. CITY OF CAPE CANAVERAL ATN: ED GARDULSKI FAX: 407-799-4980 We are pleased to quoto you a price on the Steadfast Bridge described below. The floor will be a 22 gage galvanized composite floor deck. Pouting of the lightweight concrete floor shall be the responsibility of the owner or contractor. This bridge will be fabricated from A588 Weathering Steel and painted with one coat of primer and two coats of rust inhibitive enamel All Steadfast Bridges carry a 10 year limited warranty. Shop drawings signed and sealed by a Professional Engineer rc9istered in th, Ite of Florida are included. Location: CAPE CANAVERAL, FLORIDA Bridge Type: "CONNECTOR" Width in feet 5.011 Span in feet 70'-0" -type steel A588 PAINTED WX Type floor CONCRETE Floor thickness 4" Field splice NO Number of pieces 1 Dead Load PSF 60 Live Load PSF 85 Vehicle Load LBS. (3,000 Lifting Weight LBS. 11,591 Vert abutment load KIPS 30.5 Horiz. abutment load KIPS 6.8 Truss height in feet 6.5 Interior panel points 12 Too plates YES Railing height 54" Maximum rail openings 6„ Teflon slip pads arid setting plates arc shipped with bridge, Uridge cost delivoreo $23,940 UtGvery: 12 to 14 weeks (delivery to nearest location easily accessible to over -the -round trucks) Anchor bolts, sates tax, unloading, erection, and abutment designs not included Terms, 1/3 down, balance 20 days after detiveiy, pendiny credit approval, r icase call if you have any questions (800-749-7515) Sincerely, /'� Matthew "Skip" Wilson National Sales Manager PO ?1 806 l 119 40th 5tryat N.F. • Fort Poyno, AIAhi*ima 35967 • R60-749-7515 - FAX 0541,45-;1750 Y._.. STEADFAST BRID6E5 ,t A DIVhION OF ]III,I01AY1 PK(1hUClS, INC. P.O. IZm.x SOCA 1 19 40th Sticct N.1?. Pon Paync, Ahbama 35907 1 500-749 7515 205 545-4104 1:AX 1 205 11.15 9750 jl\�1�,�►��,\//111,11 �J i?sl,ress��av -- j1�11�1�111 BridgC Data Shca COMPANY NAME: _ C! CONTACT NAME: MAILING ADDRESS: STREET ADDRESS: ---%�• a. B D�(---- a --------- CITY: ZIP: �- ----_ZIP: — 3 FNAME: PHONE:��� � `�'�FAX:PROJF_C LOCATION:--- ---- - --t��L-,lf t�ds''1-�---"i-•i»t WIDTH LENGTH QUANTITY STYLE FINISH WCATHEHiNG STEEL FAINTED FLOOR THICKNESS WOOD CONCRETE OTHER LOADING Total number of bridges needed:_+,E, RAILINGS & ACCESSORIES: Rail Height (Top Chord): 1-142" Pedestrian A 54" Bicycle U Other Handrail: XGalvanized Pipe IJ 2 x 6 Wood !J None IJ Other _ Safety Rall Style: J Hotizontal XVertical Picket 1-12 x 6 Wood Maximum Safety Hail Opening: iJ 4" X6" U 9" I_1 Other Are Toe Plates Required? ArYes IJ No Security Fence: IJ Yes (U Galvanized or iJ Vinyl Coated) Comments: ANO --- 1 NOW/49- 75 15 Meeting Type: Regular Meeting Date: 05-20-97 AGENDA Heading Considerations item 3 No. City Mara, g s Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: MOTION TO APPROVE: VOTING DELEGATE TO THE SPACE COAST LEAGUE OF CITIES DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council appoint a voting delegate to the Space Coast League of Cities. Summary Explanation & Background: Needed to fill voting slot. Please advise. Exhibits Attached: City Mara, g s Office Department LEGISLATIVE g:\admi \—n,ilV-oting105-209T.g—.do Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Considerations item 4 No. SUBJECT: INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR FUNDING TBE DESIGN OF A PEDWAY ALONG THE EAST SIDE OF SR AIA DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: That the City Council consider approval of an interlocal agreement with Brevard County to fund the design of a pedway along the east side of SR AIA. Summary Explanation & Background: The county will forward $20,000 to the city for design of the above-mentioned pedway from Commerce Street south to Harding Avenue. This project includes the Avon -by -the -Sea area. Funding for the construction of this pedway will be identified once the design is complete and an engineer's estimate for the project is submitted. Please advise. Exhibits Attached: Interlocal Agreement City Manager's Office Department STREETS/PUBLIC WORKS g:\adnAnwmnicil\n=ti gms2a974vd—y.d— INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into by and between the BOARD OF COUNTY COMNIISSIONERS OF BREVARD COUNTY, FLORIDA, hereinafter referred to as "COUNTY" and CITY OF CAPE CANAVERAL, thereinafter referred to as "CITY". WHEREAS, the CITY wishes to engage in the design of a pedway project on the east side of SR Al from Commerce Street south to Harding Avenue, hereinafter referred to as "project"; and WHEREAS, the project is located partially in both the CITY limits and the unincorporated area of the COUNTY; and WHEREAS, the CITY desires the COUNTY's assistance in funding the design of the project; and WHEREAS, the COUNTY and CITY covenant and agree that they have full power and authority to enter into this Agreement and bind their respective governmental entities. IT IS, THEREFORE, agreed as follows: (1) Statutory Authority This Agreement shall be considered an Interlocal Agreement pursuant to authority of Florida Statutes. (2) Proiect: The CITY and COUNTY agree that the project shall consist of the design of a pedway facility on the east side of SR Al from Commerce Street south to Harding Avenue. Construction of the project will be addressed after the design has been completed and cost estimates have developed. (3) Financial Contribution to the Proiect: The COUNTY shall deposit with the CITY, prior to the commencement of design of the pedway project, the sum of $20,000.00 (twenty thousand dollars). The construction of the project will be addressed at a later date. (4) Approval of Plans: The COUNTY shall have the opportunity to review and approve all plans and specifications prior to any construction being undertaken by the CITY. The CITY shall be responsible for ensuring that any plans which are submitted to the COUNTY for approval shall be submitted in a timely fashion. Whenever plans are submitted to the COUNTY for review, the COUNTY shall return said plans in "marked up" form to the CITY within fourteen (14) calendar days. If the COUNTY does not return the "marked up" plans within fourteen (14) calendar days, the COUNTY'S right to approval is forfeited and the CITY shall continue with the project using its best judgment. City of Cape Canaveral, Florida Interlocal Agreement — Pedway Project Page 2 (5) Notices: All notices required under the agreement shall be in writing and delivered to the parties by United States mail, as follows: CITY Representative Bennett C. Boucher, City Manager, City of Cape Canaveral, 105 Polk Avenue, Post Office Box 326, Cape Canaveral, FL 32920-0326. COUNTY Representative Harriet F. Raymond, Public Works Department, 2725 Judge Fran Jamieson Way, Building A, Viera, FL 32940. (6) Indemnification and Insurance: The COUNTY agrees that it will indemnify and hold harmless the CITY, to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings, and causes of action of any kind and/or nature arising solely out of or connected with the COUNTY'S management, control, use, operation, maintenance or repair of the pedway during this project subject to Florida Statute 768.28. THE CITY agrees that it will indemnify and hold harmless the COUNTY, to extent permitted by law, from any and all liability, claims, damages, expenses, proceedings, and causes of action of any kind and/or nature arising solely out of or connected with the CITY's management, control, use, operation, maintenance, or repair of the bicycle/pedestrian way project for which it had a duty and responsibility prior to this Agreement subject to Florida Statute 768.28. (7) Default: Either Party to this Agreement, in the event of any act of default by the other, shall have all remedies available to it under the laws of the State of Florida. Each party agrees to pay all reasonable costs and attorneys fees to the other party not in default, provided such costs and attorney's fees are payable under this paragraph only to the prevailing party in such suit. (8) Severability: If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties scan still be accomplished. (9) Entire : This Agreement represents the understanding and agreement of the parties in its entirety. There shall be no amendments to the Agreement unless such amendments are in writing and signed by both parties. D icityc1 erk\C ityC1k\CO MR AC'Rintrlcel\PedwayBC. doc City of Cape Canaveral, Florida Interlocal Agreement — Pedway Project Page 3 (10) Effective Date: The effective date of this contract shall be the date on which the last signature required to execute this contract is attached. IN WITNESS WIIEREOF, we have set our hands and seals. ATTEST: Sandy Crawford, Clerk ATTEST: Sandra Sims, CITY CLERK D:\cityclerk\CityClk\CONTRACTU trlocl\PedwayBC.doc BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA Randy O'Brien, Chairman As Approved by the Board on: CITY OF CAPE CANAVERAL John K. Porter, MAYOR As Approved by Council on: Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA Heeding Resolutions Item 5 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-13, APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD DEPT. /DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of Mr. Charles Biederman as a regular member of the Code Enforcement Board. Summary Explanation & Background: Mr. Biederman's term will expire on 10-01-97. Please advise. Exhibits Attached: Resolution No. 97-13; Application City Manager's Office Department LEGISLATIVE grad—%--cH\m Ling)05-317-97197-13.d. RESOLUTION NO. 97-13 A RESOLUTION APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 22-83 created a Board known as the Code Enforcement Board of the city of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Charles Biederman is hereby appointed as a regular member of the Code Enforcement Board of the City of Cape Canaveral, Florida, in the Citizen -at -Lam designation, with a term to expire on October 1, 1999 SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of _ May , 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY D:\cityclerk\CityClk\RES\BOARDS\APPOINTICEB.DOC John K. Porter, MAYOR Burt Bruns Tony Hernandez Buzz Petsos John Porter Rocky Randels FOR AGAINST PLEASE COMPLETE BOTH SIDES UY APPLIC:ATIUN FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: ��A �� C5 � � ��A�'R�✓7 >� � r/ ^ �! PP Home Telephone: Home Address: SD -/f / L'//I � D ,r -- A 11'7, Aoo — fj Business: r> C7 -11P-47) Business Telephone: Office Address: --- Brief Description of Education and Experience: RIFi�R)F_-D ���eiFFs Deo: c /J/ (_ /,a k) o W /r- cv � e__ �4A)A/1J R,0.4_,- C-_, Are you a registered voter? Yes / No s l?,J 7— Have you been a resident of the City for 12 months or longer? Yes A--" No Do you currently hold a public office? Yes No Are you presently employed by the City? Yes No J A` `-.e present time, do you serve on a City Board? Yes No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? / Yes No Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* /Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* Recreation Board "Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July ISth of each year following the initial appointment while still a member of said Board. Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA Heeding Resolutions item 6 No. Resolution No. 97-14. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-14, REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappoIntment of (3) members to the Commercial Development Board. Sununary Explanation & Background: The terms of Mr. Folcarelli, Ms. Edwards and Ms. Warren will expire on 06-01-99. Please advise. Exhibits Attached: Resolution No. 97-14. City Mapager's Office Department LEGISLATIVE C:Wmin\0 \\—eci W-za9-A97-14.dm RESOLUTION 97-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 17-75 created a Board known as the Commercial Development Board of the City of Cape Canaveral, Florida; and WHEREAS, it in now incumbent upon the City Council of the City of Cape Canaveral to reappoint three (3) members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Leonard Folcarelli is hereby reappointed as a regular member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 1999. SECTION 2. Bertie Edwards is hereby reappointed as a regular member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 1999. SECTION 2. Pamela Tuscany Warren is hereby reappointed as a regular member of the Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 1999. SECTION 4. This Resolution shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Resolution No. 97-14 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of May, 1997. ATTEST: Burt Bruns Tony Hernandez Sandra O. Sims, CITY CLERK Buzz Petsos John Porter Rocky Randels APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY FOR AGAINST Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA Heading Resolutions Item 7 No. Application for special exception or variance $ 250.00 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-15, AMENDING ZONING CODE FEES DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider the increase of zoning code fees as recommended by the Building Official. Summary Explanation & Background: These fees have not been increased since 1983 and staff recommends the proposed schedule of fees for: Application for rezoning: $ 250.00 Application for an amendment to zoning ordinance $ 250.00 _ Application for special exception or variance $ 250.00 Please advise. Exhibits Attached: Resolution No. 97-15; Building Official's memo of 04-17-97 City Manager's Office Department BUILDING DEPT/PUBLIC SAFETY Ofidff n-\- dllmca \05 -2D -97197-15.d. RESOLUTION NO. 97-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE SCHEDULE OF FEES FOR ZONING PETITIONS, ORDINANCE AMENDMENTS, SPECIAL EXCEPTIONS, AND VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 110-92 of the City's Code of Ordinances provides for the scheduling of fees relating to zoning matters to be established by Resolution; and WHEREAS, the fees as established in February 1983 have not been increased; and WHEREAS, due to increased expenses for processing zoning matters, the City Council of the City of Cape Canaveral finds it necessary to increase said fees at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The following fees and charges authorized by Section 110-92 for zoning petitions, zoning ordinance amendments, special exceptions, and variances are hereby established: Application for Rezoning $ 250.00 Proposed Amendment/s to Zoning Ordinance 250.00 Application for Special Exception or Variance 250.00 SECTION 2. This Resolution shall take effect immediately upon its adoption. D:lcityc1erk\CityCIk1RESTEES\ZONING. DOC City of Cape Canaveral Resolution No. 97-15 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of May, 1997, ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY John K. Porter, MAYOR NAME FOR AGAINST BRUNS ]HERNANDEZ PETSOS PORTER RANDELS April 17, 1997 - MEMORANDUM: TO: Bennett Boucher, City Manager FROM: G. J. Moran, Building Official SUBJECT: Revision Request To Appendix B - Schedule Of Fees Attached is a request for an amendment to the charges that the city imposes for applications relating to amendments to the zoning ordinances, variances, special exceptions, rezoning and appeals of administrative decisions. It appears that the fee schedule has not been revised since 1983, although there was an attempt in 1994 to address this issue. The present fee for the various applications is $100.00 and does not begin to cover the city's costs relating to staffs time, cost for attendance at the meetings by the attorney and board secretary or the multitude of document copies required. An example of this is a recent request for an amendment to the zoning ordinance that involved three separate meetings of the Planning & Zoning Board, two meetings of City Council, with related City Attorney and Board Secretary attendance, and over forty five hours of various staff involvement with hundreds of document copies required. In the previous year there have been fifteen applications for code amendments, variances and special exceptions that were processed by the Building Department. The fees collected for these requests has been approximately $ 1,500.00 and a conservative estimate of cost to the city would equal more than ten times that amount. page 2 fee's April 18, 1997 My proposal would be to increase these application fees. This would accomplish several beneficial and cost saving aspects for the citizens as it would require that the individuals requesting the services bear a greater portion of the costs for these services and would also reduce the number of frivolous applications. I have tailored my request after the costs and requirements of several other similar size municipalities using the latest associated costs relating to these issues. 4. ARTICLE X SCHEDULE OF FEES FOR DEVELOPMENT PERMITS, ORDERS AND APPLICATIONS 1. Citizen/owner-initiated Comp Plan Amendment* $2,500.00 2. Citizen/owner-initiated Small Scale Comp Plan $1,500.00 Amendment* 3. Citizen/owner-initiated rezoning of property* $1,000.00 4. Citizen/owner-initiated LDC text amendment* $ 500.00 5. Preapplication meeting (fee applied to $ 250.00 subsequent application fee for Major Development Application)* 6. Minor Development Application (residential) $ 150.00 7. Minor Development Application (nonresidential) $ 250.00 8. Major Development Application not involving $ 250.00 review or assistance by a consultant 9. Special Exception Use not involving con- $ 400.00 struction-or site development, and not needing review or assistance by a consultant. 10. Major Development Application* $2,000.00 10a. With Comp Plan Amendment, plus $1,500.00 10b. With Small Scale Comp Plan Amendment, plus $1,000.00 10c. With Rezoning, plus $ 750.00 10d. With Special Exception Use, plus: $ 750.00 10e. With Special Exception to Parking Requirements, plus: $ 500.00 204 [Supp. #5 111031941 3-19-1997 2:49Ptf FROM COCOA BCH BLDG DEPT 4078683378 P r § 10 APPENDIX A—ZONMG § 12 (2) Of establishing a schedule of fees and charges as stated in Section 11, below. Section 11. Schedule of Petition Fees. The following petition fees are hereby established, which shall be paid prior to any action taken thereon: (1) Board of adjustment-- (a) djustment(a) Variance, each Code section.... -- - - - _ $200.00 (b) Special exception, each Code section .... 200.00 (c) Administrative review, each Code section 200.00 (d) For all properties necessary to be notified due to Code, the applicant shall pay the sum of two dollars ($2.00) per owner required to be noti- fied to defray the cost of preparing the notices and mailing. (2) Planning board-- (a) oacrd (a) Rezoning not requiring an amendment to the comprehensive plan ................ $200.00 (b) Rezoning and requiring amendment to the conn- prehensive plan plus advertising costs. iteMS in this category, will be heard at the March and September- meetings only, except as pro- vided for proposed small scale development ac- tivities as described in Florida Statutes, Chap- ter 183.3187(1)(c), -(19$7) ......... Deposit $1,000.00 towards advertising costs (c) Site plan review. Residential Structures containing three (3) or more dwellings units ............. 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' .. pxa of lou 3oaaaxtl uorl.rod JO 8=9 lisuotltpps xia've aq; 00-001$ snld 00'0091 ZI § - ";oaraip u0paod .xo puul jo a.roe lsard mq= aoou sso x,8 jo laal oxanbs (000`9) puusnoTil owl 2utpaao ffiI00 14OVag x'0000 ZI § E. d 8LE6898Lor 1d3a Ja73 HJ9 )VoQoJ HoJ JA 6Jdos°�: L66l_61-6 Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA 1111d119 Ordinances 2nd Reading Item 8 No. optics. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-97, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 TO M-1 DEPT./DIVISION: LPA/P&Z Requested Action: That the City Council consider the approval of Ordinance No. 02-97, amending the official zoning map by changing the classification of certain property from R-3 to M-1. Summary Explanation & Background: The existing property is currently zoned R-3 with an office building. The request is made to make the zoning conform to the current use of the property. A 600 square foot addition is planned to house electronics and fiber optics. P&Z and the LPA recommended approval. The City Council will hear from the applicant as to why this request for rezoning should be approved and any rebuttal evidence as to why this request should not be granted. Exhibits Attached: Ordinance No. 02-97/DAI letter of 01-31-97/Staff R rt of 02-05-97 City Manager's Office � f; Department LPA/P&Z 9:\ad-in\c=�aws-20-97d- ORDINANCE NO. 02-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Planning Agency ("LPA) and the Planning and Zoning Board ("P&Z") of the City of Cape Canaveral, Florida, has held a public hearing on changes to the zoning classification on the property indicated below; and WHEREAS, LPA and P&Z have reviewed the property owner's petition for a rezoning of the property to M-1 (Light Industrial District) and issued a recommendation to approve the rezoning to the City Council; and WHEREAS, the public was heard at a regular meeting of the City Council on the petition requesting changes indicated below and, after full discussion, the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification; and WHEREAS, the City Council, based on the reasons and findings stated in the analysis and recommendation of the staff, has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows. f SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as described in Section 110-245, Official Zoning Map, is hereby amended to include a change of classification from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) for the property legally described as: See Exhibit "A" Attached Hereto SECTION 2. That the development of the property as described in Exhibit "a" shall be governed by the provision of Chapter 110, regarding the M-1 zoning district, of the Zoning D�crtNlerk` CityC1k ORDINANCZONING',IVCABLE-DOC City of Cape Canaveral Ordinance No. 02-97 Page 2 Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions or recodifications thereto. SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 4. Should any section or provision of the Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 5. This Ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of 1997. ATTEST: Sandra 0. Sims. CITY CLERK APPROVED AS TO FORM: I:�i7ifil:-�l�r'�rWC�lN►1�1' d:kityclerk citvdk ordinanc\zoninggtwcable.doc John K. Porter, MAYOR NAME FOR AGAINST BRUNS HERNANDEZ PETSOS PORTER RANDELS First Reading: May 6, 1997 Posted: Mav 7,1 997 Published:(LPA) March 4, 1997 (1st hrg)) April 27, 1997 (2nd hrg) May 11, 1997 Second Reading: May 20, 1997 ZWDROOR & ASSOCIATES INC. .i1 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January 31, 1997 Project ;95052 G.J. Moran City of Cape Canaveral Building Department 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 (407) 253-8233 FAX (407) 253-4988 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: With this letter we would like to apply for rezoning of the above referenced project from R-3 to a M-1 Zoning. In the past 20 years the zoning was changed to an R-3 Zoning N ithout wingany consideration for the future use of the property. y The existing building (l" Phase) was constructed approximentaly 30 years ago, and at the present time its being used as an office building which is a non -conforming use of the present zoning. The reason for the change of zoning is to construct a 600 S.F. Unmanned Equipment Building to house electronics and fiber optics. Change of zoning from R-3 to M-1 would allow construction of the 60Q S.F. Unmanned Equipment Building which is required to serve the neighborhood withtheir cable and programming needs and it would allow the property to conform to current zoning. We hope the above request of the zoning change meets with your approval. have anv questi� CC: Bob Sell, TWC Please call if you 95052WEITSAM Civil & Structural Engineering Inspections PE 37259 E 64�/� ��,. City of Cape Canaveral 1_�_ 105 POLK AVENUE • P.O. BOX 326 „Ii\ CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 CITY OF CAPE CWVEM STAFF REPORT: February 5, 1997 TO: Local Planning Agency Members FROM: G. J. Moran, CBO Building Official / � y � SUBJECT: Application For Zoning Designation Change APPLICANT: Time Warner Cable Co. ADDRESS: 210 Center Street APPLICANTS REPRESENTATIVE: Noel Droor. P. E. This request is to amend the Zoning Map designation from a R-3 Medium Densitv Residential designation to an M-1 Industrial designation. The existing land use map shows this property as commercial use. This property presently is zoned R-3 and abuts M-1 zoning to the East and R-3 zoning to the North, South and West. ` The Property is approximately 4/10th. acre in size, has been the existing use sine the early 1970's, was originally constructed as an office building in the 1960's, ands presently classified as an existing non use and structure in combinaon. Approval of this request %yould allow the present use by special exception. (Code Sec. 110-315) All fee's have been paid for this request. All advertisement requirements have been met for this request. Staff recommends that the board recommend approval to the City Council. THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING PRINTED ON RECYCLED PAPER /0 267 7 �1 2 I M 115' OF 380 S' M 115' OF 3 805' OF SV 1'a OF aV 1.4 3 4 - 6 Ih- 4 S 6 f 1 2 3 a 6 6 7 0/ ■L-2 ■ .x• Y OF RO. �1. 9 10 11 12215' 3fi ,o 1 23b7 ST � 6y N 57.30' OF S 690' OF SV 1/VOF aV 114 V OF R0. a I II _ 0a6Y J•fa• spa l 9 10 11 12 ll U S If 9' 10 11 13 is 5 1_ .■orLa\ a1.6a J-70•� s i 1! 9 10 11 12 13 la :5 I [ 6ANYAV E Ay3 SST N N LOVE, � T YL ER RNNSE 710 0WHOUS U A0RPHS I 6-z3JgY4 (36-891 PHP af►2T PK!27 2 ) a S 6 7 8 1 2 3 i S 6 7 VPE CANAVERAL 42 S BLDG. CONDO /3.0/-/.IOS 4,1' 4IESvi E T�j� 10 11 12 14a{ SI.1epi/wag 419 ■ 300' OF S au' OF SV 1 4 1 1 �1•-:`_ - �f•w ra `�.=dJ, OF MV 1 4 Y OF R0. 1• Pta.K . OF S 435' OF CL -2 ESNT {1 I M ISO. OF 3 155' Of ti J ' 611 617 I Q •+ 753 -2 OF S. .. 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'• a6 v 57gEET b (b"7rJsr s 1 RV£Y n0K //O I J/EIUCHANAN K ng PFAL �195' OF 275' OF 9 - 2 ♦• S 6 8 1 1 3 • 3J (3t 853 ``-50 853.550 R 1 - 1 , 65 Zt 86 ` c - I I v A•-^7 ,. ,. C . 9 1.I 14 I 17 13 La IS :6 /lrr 11 12 13 la 115 11 560.30' JF S 1786.90' b +I_ 1 19B5a381) 0 GL -3 OF 3T. 3 I LINCOLN - /-1 i � tBS35391 - l 1 O m IW J W J m I I I °�• ---A /• L l 2 ) a S 6 r 3 1 I 7 a , 6 j 7 953'542 Ex. R v % - ]O 25' 00. VAC. FgON 401 I! = 69 .0/ 1Ary as 9 10 1: 12 9 10 11 12 13 _ 312 /3.. M. 3ia25 OF i 122&30 OF i _%0'U E5M- E52 1040, r „ 1 [ I tis, JOHNSON AVON TERRA CONDO. SEAS II I i 7� M 326.25' OF S 1226.50' OF GL -% yl �1 2 3 r• S 6 7 9 1 II OF ST, R0. Et. :.150' 73 It OF E 210' M 1 358'3ri T + I I l + l0 YJ. 2S' iIF i I I I I I II ,_, I10. OF A/ e / •9 10 11 li 1 1G 1 10'1 E511T 852.1 I 10'4ES11T 1064,1005 9 I OI1 112 131 14 13 II 1'4 V OF 3T,� - t. .• ' �Sli E174 _ ' •.[1' ,a� ,.. Jn., /y 1•:;RANT •' a ai3�di7b- �_ E:000Fla/eooF 1p a 3p,6'I i ` .0 K. 0. �6 AC. t 900 el 2 ) 4 77 6 j 1 2 3 1 a 79 f 1 :A s7 a[•ep•♦ a! B t, ,�61' TSY3A— �t t- PLE31 Ex -�9 10 11 12 13 1�1 7 I 2 �1B0J - ` C : B .• >V f ad >tf s 07.Els A17 866 31 a T's C.IPE SU4A-�V6A-' 1 2�)n", I a 82 16 4'ef Lf) - 2 JU7 i i 2 3 4 5 6 1 9BS jel I„ IPILRCE 995'391 - �s2t'+o } VEY f 7i e ".b fJB 4Iw A /NDA • 5 \ - 62 [ 7•. I _ 194 2791 Ib_ d9e u (9988 55 38 1', .�1 - 17t"ii'ios% 2l1" Y CE■7 L. '• a6 v 57gEET b (b"7rJsr s 1 RV£Y n0K //O I J/EIUCHANAN K ng PFAL �195' OF 275' OF 9 - 2 ♦• S 6 8 1 1 3 • 3J (3t 853 ``-50 853.550 R 1 - 1 , 65 Zt 86 ` c - I I v A•-^7 ,. ,. C . 9 1.I 14 I 17 13 La IS :6 /lrr 11 12 13 la 115 11 560.30' JF S 1786.90' b +I_ 1 19B5a381) 0 GL -3 OF 3T. 3 I LINCOLN - /-1 i � tBS35391 - l 1 O m IW J W J m I I I °�• ---A /• L l 2 ) a S 6 r 3 1 I 7 a , 6 j 7 953'542 Ex. R v % - ]O 25' 00. VAC. FgON 401 I! = 69 .0/ 1Ary as 9 10 1: 12 9 10 11 12 13 _ 312 /3.. M. 3ia25 OF i 122&30 OF i _%0'U E5M- E52 1040, r „ 1 [ I tis, JOHNSON AVON TERRA CONDO. SEAS II I i 7� M 326.25' OF S 1226.50' OF GL -% yl �1 2 3 r• S 6 7 9 1 II OF ST, R0. Et. :.150' 73 It OF E 210' M 1 358'3ri T + I I l + l0 YJ. 2S' iIF i I I I I I II ,_, I10. OF A/ e / •9 10 11 li 1 1G 1 10'1 E511T 852.1 I 10'4ES11T 1064,1005 9 I OI1 112 131 14 13 II 1'4 V OF 3T,� - t. .• ' �Sli E174 _ ' •.[1' ,a� ,.. Jn., /y 1•:;RANT •' a ai3�di7b- �_ E:000Fla/eooF 1p a 3p,6'I i ` .0 K. 0. �6 AC. t 900 el 2 ) 4 77 6 j 1 2 3 1 a 79 f 1 :A s7 a[•ep•♦ a! B t, ,�61' TSY3A— �t t- PLE31 Ex -�9 10 11 12 13 1�1 7 I 2 �1B0J - ` C : B .• >V f ad >tf s 07.Els A17 866 31 a T's C.IPE SU4A-�V6A-' 1 2�)n", I a 82 16 4'ef Lf) - 2 JU7 i 2 3 4 5 6 �1. 9 10 11 12215' ,o 1 23b7 1 9BS jel I„ IPILRCE 995'391 - �s2t'+o } VEY f 7i e ".b fJB 4Iw A /NDA • 5 \ - 62 [ 7•. I _ 194 2791 Ib_ d9e u (9988 55 38 1', .�1 - 17t"ii'ios% 2l1" Y CE■7 L. '• a6 v 57gEET b (b"7rJsr s 1 RV£Y n0K //O I J/EIUCHANAN K ng PFAL �195' OF 275' OF 9 - 2 ♦• S 6 8 1 1 3 • 3J (3t 853 ``-50 853.550 R 1 - 1 , 65 Zt 86 ` c - I I v A•-^7 ,. ,. C . 9 1.I 14 I 17 13 La IS :6 /lrr 11 12 13 la 115 11 560.30' JF S 1786.90' b +I_ 1 19B5a381) 0 GL -3 OF 3T. 3 I LINCOLN - /-1 i � tBS35391 - l 1 O m IW J W J m I I I °�• ---A /• L l 2 ) a S 6 r 3 1 I 7 a , 6 j 7 953'542 Ex. R v % - ]O 25' 00. VAC. FgON 401 I! = 69 .0/ 1Ary as 9 10 1: 12 9 10 11 12 13 _ 312 /3.. M. 3ia25 OF i 122&30 OF i _%0'U E5M- E52 1040, r „ 1 [ I tis, JOHNSON AVON TERRA CONDO. SEAS II I i 7� M 326.25' OF S 1226.50' OF GL -% yl �1 2 3 r• S 6 7 9 1 II OF ST, R0. Et. :.150' 73 It OF E 210' M 1 358'3ri T + I I l + l0 YJ. 2S' iIF i I I I I I II ,_, I10. OF A/ e / •9 10 11 li 1 1G 1 10'1 E511T 852.1 I 10'4ES11T 1064,1005 9 I OI1 112 131 14 13 II 1'4 V OF 3T,� - t. .• ' �Sli E174 _ ' •.[1' ,a� ,.. Jn., /y 1•:;RANT •' a ai3�di7b- �_ E:000Fla/eooF 1p a 3p,6'I i ` .0 K. 0. �6 AC. t 900 el 2 ) 4 77 6 j 1 2 3 1 a 79 f 1 :A s7 a[•ep•♦ a! B t, ,�61' TSY3A— �t t- PLE31 Ex -�9 10 11 12 13 1�1 7 I 2 �1B0J - ` C : B .• >V f ad >tf s 07.Els A17 866 31 a T's C.IPE SU4A-�V6A-' 1 2�)n", I a 82 16 4'ef Lf) - 2 JU7 R 1 23b7 9 1 1! 9 10 11 12 13 la :5 Ms. Melissa Annitto Display Advertising Florida Today P. O. Box 363000 Melbourne, FL 32936-0300 Dear Ms. Annitto: City of Cape Canaveral VIA FAX: 255-0350 Following is an advertisement for the City of Cape Canaveral announcing a proposed zoning amendment to petitioned by the property owner. Florida Statutes, Section 166.041(c) 2, establishes the requirements for this advertisement. It shall be no less than 2 columns wide by 10 inches long in a standard size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. Please publish this legal advertisement once on Sunday, Apri127, 1997. Please provide a proof of the advertisement prior to publishing the ad. Also, please provide an affidavit of proof of publication to my attention at the address listed below. Should you have questions regarding this advertisement, please contact my office at 68-1221. Sineerel Y, Sandra O. Sims, CMC City Clerk ss Enclosure s,tyc.=rk',I-tycik l-q»1ahs _ vnq' aoc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 7993170 NOTICE OF ZONING AMENDMENT PUBLIC HEARING The City of Cape Canaveral proposes a zoning amendment to change the classification of certain property from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) in the City of Cape Canaveral. A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT will be held by City Council of the City of Cape Canaveral, on Tuesday, May 6, 1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board and Local Planning Agency by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 02-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need p ensure that a verbatim record of the proceedings is made, which record includes the testimony an4 evidence upon which the appeal is to be based. Sandra Rozar Sims, CMC City Clerk Published: Sunday, April 17, 1997 (at least 7 days before meeting) Florida Today 2 columns wide by 10 inches long, headline 18 point not in legal or classified sections d:�citycl erk�citycl VAlega Lads\zcni ;: '. _- _.,,__r. dcc February 27, 1997 Ms. Melissa Annitto Display Advertising Florida Today P. O. Box 363000 Melbourne, FL 32936-0300 Dear Ms. Annitto: City of Cape Canaveral VIA FAX: 255-0350 Following is an advertisement for the City of Cape Canaveral announcing a proposed zoning amendment to petitioned by the property owner.. Florida Statutes, Section 166.041(c)2, establishes the requirements for this advertisement. It shall be no less than 2 columns wide by 10 inches lona in a standard size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. Please publish this legal advertisement once on Tuesdav, March 4, 1996. Please provide a proof of the advertisement prior to publishing the ad. Also, please provide an affidavit of proof of publication to my attention at the address listed below. Should you have questions regarding this advertisement, please contact my office at868-1221. Sincerely, Sandra O. Sims, CMC City Clerk ss Enclosure 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920 0326 TELEPHONE ;407) 868-1200 0 FAX ;407) 799-3170 NOTICE OF ZONING AMENDMENT PUBLIC HEARING The City of Cape Canaveral proposes a zoning amendment to change the classification of certain property from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) in the City of Cape Canaveral. A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT will be held by the Local Planning Agency of the City of Cape Canaveral, on Wednesday, March 12, 1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral. Florida. The Local Planning Agency will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 02-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO INI-I (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONDITIONS OF APPROVAL: PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Fridav, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and he heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need �o ensure that a verbatim record of the proceedings is made, which record includes the testimony an evidence upon which the appeal is to be based. Sandra Rozar Sims, CMC City Clerk Published: Tuesday, March 4, 1997 (at least 7 days before LPA meeting) Florida Today 2 columns wide by 10 inches long, headline 18 point not in legal or classified sections LOCATION SLAP f LONr t I I a ae�9 I `I I uCNR^£ I tL;CxZ �4 crt t P—CF. �. +AJ. 'Q kt FI ra.L --moi '•�='-• _� K; r� tscwe ; a;4- -j Ci .t.-iy CR ¢ . }}f s } - E S 4rr / 1 .a <' 'Long %int f LONr t I I a ae�9 I `I I uCNR^£ I tL;CxZ �4 crt t P—CF. �. +AJ. 'Q kt FI ra.L --moi '•�='-• _� K; r� tscwe ; a;4- reoruary I, tvv/ City of Cape Canaveral Ms. Melissa Annitto VIA FAX: 255-0350 Display Advertising Florida Today P. O. Box 363000 Melbourne. FL 32936-0300 Dear Ms. Annitto: Following is an advertisement for the City of Cape Canaveral announcing the first small scale plan amendment for 1997. Florida Statutes, Section 166.041(c)2, establishes the requirements for this advertisement. It shall be no less than 2 columns wide by 10 inches long in a standard size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. Please publish this legal advertisement once on Tuesday, March 4, 1997. Please provide a proof of the advertisement prior to publishing the advertisement. Also, please provide an affidavit of proof of publication to my attention at the address listed below. Should you have questions regarding this advertisement, please contact my office at�68-1221. Sincerely, Sandra O. Sims, CMC City Clerk ss Enclosure 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 863-1200 • FAX (407) 799-3170 The Times Published Weeklt on tt'ednesdav The Star Advocate Published WCCO on It ednesda} The Tribune Published WccOJ on Wednesda y The Bay Bulletin Published ld cc. h on Wednesda t Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO oath says that she is LEGAL ADVERTISING CLERK who on of the FLORIDA TODAY a newspaper published in Brevard County. Florida. that the attached cony of advertising being a LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL n the Court NOTICE OF ZONING AMENDMENT PUBLIC HEARING 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of MARCH 4, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida. and that the said newspaper has heretofore been continuously published in said Brevard County. Florida regularly as stated above and has been ente,ed as second class mail matter at the post office in MELBOURNE said Brevard County. Florida, for a period of one year next preceeding the ` rst publication of the attached copy of advertisement and affiant further says that she has ni pad nor promised anv person, firm or corporation any discountrebatecommission or refund for the purpose of securing f / this advertisement for publication in said newspaoer� (Signature of Affiant; Sworn to and subscrioed before me this 4 MARCH day of 97 19_ (Signature of Notary Publici ,rsonally Known Type of Identification Produced LINDA L. BRAUD (Name of Notary Typed. Printed or Stamped) or Produced Identification legal -affidavit �....,_.�i/Yr�4•�L:i•10101 R-ke-4rlrl~1W l Across from Office DepotWIN-111 q 1401 Clearlake Rd. • Cc 7__located at JC Plaza NOTICE OF ZONING AMENDMENT PUBLIC HEARING The City of Cape Canaveral proposes a zoning amendment to change the classification of certain property from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) in the City of Cape Canaveral. A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT will be held by the Local Planning Agency of the City of Cape Canaveral, on Wednesday, March 12, 1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will consider the recommendations made by the City of Cape Canavcr.il Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 02-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAI, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M- 1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 3:00 p.m. Interested parties are invited to attend this nrecting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need to ensw•e that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sandra Rozar Sims, CMC Citv Clerk LOCATION MA. 1VL ' 'S NOTICE OF ZONING i The Brevard County Board of proposes to adopt the followir below. A public hearing to consid held during the Board of County ( on March 11, 1997 beginnin( Commission Chambers, 1st flo County Government Center, 272 Way, Viera, fF It1ritM to consider 1 below. Interested parties may ap be heard with respect to the prop AN ORDINANCE AMENDII "LAND DEVELOPMENT RE( OF ORDINANCES OF B FLORIDA; AMENDING ARTIC SUBDIVISION 111, "CON[ SPECIFICALLY AMENDINC "TOWERS AND ANTENN/ ADDITIONAL CONDITION; CIRCUMSTANCES WHERE USE PERMIT IS NOT REQ FOR LOCATION OF ANTEf\ STRUCTURES, PROVIDING PROVISIONS; PROVIDING F PROVIDING FOR INCLUSIO COUNTY CODE; AND EFFECTIVE DATE. Copies of the request to be con: at the following public libraries: I\ Central Brevard (Cocoa), Coco: Melbourne, DeGroodt (Palm Ba) the request are also available fc County Manager's Office, 3rd fl County Government Center, 272 Way, Viera, Florida. If a person decides to appeal ar board, agency, commission witl• considered at such meeting or need a record of the proceedii purposes, he or shermay need t( record of the proceedings is mad the testimony and evidence upo; be based. Persons seeking to preserve a v record must make those arras expense. The needs of the hearing or vi shall be met if the depar meeting/hearing is contacted at the public meeting/hearing b) assistance. Per: Richard D Enos, Zoi Brevard County Governn 2725 Judge Fran Jamies Viera, FL 32940 (407)633-2070 Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA Heading Ordinances 2nd Reading item 9 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-97, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT OF THE FUTURE LAND USE MAP DEPT./DIVISION: LPA/P&Z Requested Action: That the City Council consider the approval of Ordinance No. 03-97, amending the future land use map. Summary Explanation & Background: This small scale comprehensive plan amendment will amend the future land use map for the parcel of land described herein as Exhibit "A". The P&Z and LPA recommended approval. Exhibits Attached: Ordinance No. 03-97/TWC Application City Manager's Office Department LPA/P&Z Q:\-Imi-\cm-U\05-20-97\03-9�7.dm ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process forth4e amendment of comprehensive plans pursuant to which the City of Cape Canaveral has establishedrocedures for amending g the 1988 Plan; and WHEREAS, the City of Cape Canaveral applied for a small scale comp°hensive plan amendment (hereafter referred to as "Amendment", and attached hereto as Ebit "A' and incorporated herein by reference), effecting a parcel of land, less than 10 acres, for adoption in the calendar year 1997 as a single amendment; and WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60 acres of small scale amendments; and kjC( WHEREAS, on March 12, 1997, the Planning and Zoning Board and the Laud Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council City of Cape Canaveral Ordinance No. 03-97 Page 2 ,\ , that the 1988 Plan be am'endmeM and that the Amendment be submitted to the Department of Community Affairs; and WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single -hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida Statutes; and WHEREAS, on May 6, 1997, the City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all ~ �� interested parties submitting written and oral comments, and the recommendation of the Land Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of community Affairs; and WHEREAS, the Amendment adopted by the Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference., SECTION 2. Authoritv. This Ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.3184, 163.3187, and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the 1988 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuan'to Small Scale Comprehensive Plan Amendment CPA -97-1 to the 1988 Comprehensive Plan, theity of Cape Canaveral future Land Use Map is hereby amended as specifically provided in Exh it "A' attached hereto. ' SECTION 5. Effective Date and Le al Status of the Plan/Amendment. The effective date of this small scale development plan amendment shall be thirty-one�31Ydays after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective date of this Amendment shall be the date a final order is issued by the Department of 'mmunity Affairs or the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, D:\cityclerk\CityClk\ORDINANC\ZONING\TWCOMPLN. DOC City of Cape Canaveral Ordinance No. 03-97 Page 3 this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment stated in Section 4 shall amend the 1988 City of Cape Canaveral Comprehensive Plan, as amended. SECTION 6. Transmittal to Department of Community Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11.015, Florida Administrative Code. SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 8. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such section shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the _ day of 1997. John K. Porter, MAYOR ATTEST: Sandra 0. Sims, CITY CLERK NAME FOR AGAINST i BRUNS APPROVED AS TO FORM: HERNANDEZ PETSOS _ Kohn Bennett, CITY ATTORNEY PORTER RANDELS Posted: Published:(L.PA) March 4, 1997 (1st hrg)) April 27, 1997 (2nd hrg) May 11, 1997 First Reading: May 6, 1997 D:\cityclerklCityCWO RD [NANC\Z.ONING\T WCOMPLN. DOC INCORPORATED AREA OF CITY OF CAPE CANAVERAL 444444 4400004 4400000 4400440 4400000 000000 . i.i•i.i.i 00000000000400000000 1 4.4 •y1.1 •y 0044 OOOOO 4r4r4r4r4r4; 00000400000000000400 0 0 0 0 O O O O •1iy:1:1.. . O O O O O O O O r.r•r•i•i•' 1.1.1.1.1.1 40044 4444 1•r•1•r•J•r. 004000000400000004404 t•1.1 •L•1•y 0i•r•1•r•r•r. 060000000000000040000 1.1.1.1.1.4.1.1•y1.1.1 4 00000000000.0 114:11'1'.4:':1'.4:11• 040000000000000004000 0000000000000000000 •}.r•r•r•J•r r•r•r•1•r 000000000000000000000 000000000000000000 r•r•r•r•r•r•J•r.r•r•r•f•r•r•f•r•r•r•f•r•r•r 00000000000000000 1•y1.1.1•y1.1.1•yy1.1•y1.1.1•y1.1 •L•y O O 00 0 0 0 0 0 0 0 0 4 0 0 4 r•r.r•r•r•r•1•r•r.r•r•!•r•r•r•r•r•r.r•r•r•r 4•y1.1.1.1.1.1.1.1.1.1.1•t•yy1 •t•1.1.1•t• r.r•r.r.r•r.r•r•!.J•r•1•r•r•r•r•r•r.r•r•r•f. 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J•f• 1 1.1.1 t• 1:1:1'1:1.1.1 !•f•i•fti l•!• !•f•r• f J•r•f•r• 1.1•t•1.1. 1.1.1:1.1.1.1 4.4.4.4.1.1• r•!•f• f•f•1•r•f •l•1•f•1.1 •J• r•r• 1.1.1.1.1 4•'.•1.1.1• r f•r•f•1•r•r•f• l•r•r•r• 1.1•t•4.1.1.1.1.1.1.1 4.1 •t y1 r•r•r•r•r•r•r•r•r•r• r•r•i •L•1.1.1.1.1 4.1•t•4�� 1• L•1• �4�4• •1.4.4.1.4.4•L•4.1.1.4.4.1• {•r 1• l•l.r •J ® ® l�iil• i1i1i� rtiitiiti L.S. t• r•f•r•f•!•f•f•r•r•r•1•J•r•1•f• 1.1. .1• • 1•r r• 1•l,f• r.r •f• J•f•1• �1i �i J:i1i. 1.1.1 1•11 1.1• iU� ® '® 1.J •J. i.r.r. ® l:•1:S :1iti:1 :1:1:1 :4M /l� OEMr.!•r1 f•rlry ••rtr• r•fl_1..J.-1-• 1.1.1 r~t:i: ® r:i:l: iy>tij1 •l.,:r4:4:4•L]�]y ® +4:y:L d4{41.4 :4?41.4: = ®•11.1. .•!•rt '1111 1.1.1 t• ®J•r•r• r•r•r• r•i. :.y.y 1.yy r f•l• i•r•f• r•r• 00000000 00000000 ® Y1•y r4:1n ?.f• 1i: r}•® r� 00000000 f QQOOOOOO ® i1i:i1 r}iyi�r r 00000 1.1.1 1• 0 0 0 4 0 mom= 0 4 0 0 0 O0000 ® s.r r. •.r IM 4 0000 1.1.1 .1.1.1 40000 ® •J•f• 1. �p O 0000 •1.1.1 1.1• �\\\Y N •1.1.1 •4• •J.r. �;� ® Zoning Legend W E ® Cl 0-0-0 Ml s ® R1 a v v r•r• s R2 f•1�:�:• ® R3 O. f � riftl.r•r, 1.1.1 y •J•r•r•i•f• 1 1.1 1 •14 f J•i •l •'414 1.1 •. •i1i4�•r•:4:4:• d Prepared by Office of JIM FORD, CFA - Property Appraiser Geographic Information Services 0 Q w z LL �mLLI Q z�NLu C�LUo�,z--( �ooo=oC�-r 0 �-uo-�LuC�� CO zZ Luz O _�-v� zL�Oz—CS UV�zLu ��O� zmCL ZLv -Z L3 LLCE � Z� Vzcn� �oO -�omzoa= o ZL LL, 0 a Z <o v -ozC vo L -I 33 ~t:- C�zi<C-) �-LlicnO�L�iC�C�V OCSC�C1 LL1 LULL z �-- Lu z ~Qcn��CY>- o�E/ o� z� CL N zt,,L�� LL Cl v - O r � OQt—c~O v �OLLLuL.iLu QODL-Z Q zm�,z�v�—cY J z z cz- < V °oo�nL ULuuLLU l-u<<C\,J� LLU)Y) ncj�oov)oOLuU) coCL Display Advertising Florida Today P. O. Box 363000 Melbourne, FL 32936-0300 Dear Ms. Annitto: ty of Cape Canaveral VIA FAX: 255-0350 Following is an advertisement for the City of Cape Canaveral announcing the first small scale plan amendment for 1997. Florida Statutes, Section 166.041(c)2, establishes the requirements for this advertisement. It shall be no less than 2 columns wide by 10 inches long in a standard size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. Please publish this legal advertisement once on Sunday, April 27, 1997. Please provide a proof of the advertisement prior to publishing the advertisement. Also, please provide an affidavit of proof of publication to my attention at the address listed below. Should you have questions regarding this advertisement, please contact my office at 868-1221. Sincerely, S A�i4 Sandra O. Sims, CMC City Clerk ss Enclosure d:\cityclerk\cityclk\legalads\compplan\twc-lst.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 NOTICE OF COMPREHENSIVE PLAN AMENDMENT The City of Cape Canaveral proposes a first small scale Comprehensive Plan Amendment in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the City Council of the City of Cape Canaveral, on Tuessday, May 6,1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING AND INCONSISTENT AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. - Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sandra Rozar Sims, CMC City Clerk Publish: Sunday, April 27, 1997 (at least 7 days before hearing) Florida Today 2 columns wide by 10 inches long, headline 18 point not in legal or classified sections d:\cityclerk\cityclk\legalads\compplan\twc-ist.doc NOTICE OF COMPREHENSIVE PLAN AMENDMENT The City of Cape Canaveral proposes to appropriate locations for public schools in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the Local Planning Agency of the City of Cape Canaveral, on Wednesday, March 12,1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING AND INCONSISTENT AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sandra Rozar Sims, CMC City Clerk Published: Tuesday, March 4, 1997 (at least 7 days before 1pa hearing) Florida Today 2 columns wide by 10 inches long, headline 18 point not in legal or classified sections d:Acitycl-l\cityc:k\legaladsVcompplanAtwc—1pa.doc The Times The Tribune Published Weekly on Wednesday Published Weekly on Wednesday Dy The Star Advocate Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY _,a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF COMPREHENSIVE PLAN AMENDMENT 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER the issues of MARCH 4, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspape (Signature o(Affiant) Sworn �� to and subscribed before me this 4 day of MARCH 19 LL. (Signature of Notary Public) LINDA L. BRAUD CM'3"tc'DN .;:P. vi k' (Name of Notary Typed, Printed or Stamped) rrersonally Known or Produced Identification Type of Identification Produced • legal -affidavit B 2a]r]d.@--- y's Appliance Repair "Service Calls You Can Afford'• , 7 Days A WPPLr l CALL: 984-1740 FAX: 984-3260 41 RESTAURANT & LOUNGE LUNCH BUFFET $7.95 WEEKDAYS 11:30 - 2:30 EARLY BIRDS 4-6 PM SEVEN DAYS A WEEK 1477 Pineapple Ave. (Eau Gallie Cswy. at the Indian River) 253-3131 .; MR Gaiaract Screening plus a FREE pair of SULARSHIELD sunglasses! Brevard Eye Center Brevard's Leader in Cataract Surgery oo )ally, in-depth reporting in FLORIDA TODAY. mRWE FLORIDA TODAY, Tuesday, March 4, 1997 19A NOTICE OF COMPREHENSIVE PLAN AMENDMEN' lic Cily of Cape Calla%cral propo,vrs to appruprurlc loc:uiuns lirr Kuhl schools in rhe C6 of (';rpe ('anaver:rl. A I'U131,,1(_-111?,kItIN(_ on the FUTURl: L?XND oUSE ELEMEN Ati11iNUM1;N"r will he held by the LUcal Planning Agency f the City of Cul n . Caaveral• ern Wednrselay March 12. 1997, at 7:00 P.M. in the City Ha Annex, I I I Polk Avenue, Cape Canaveral. Florida. The Local Planning Agency will consider the recommendations made by th City of Cape Canaveral Planning and Zoning Board by reviewing Thr following proposed anlendnlent to the City's Code of Ordinances: ORDINANCE: NO. (13-97 AN ORDINANCE Ol,THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SITTING FORTH AND ADOPTING THE FIRST' SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT: PROVIDING FOR 'TRANSMITTAL OI' THE PLAN AMENDMENT TO THE DEPART'MEN'T OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSIS'T'ENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.n1. to 5:00 p.n1. Intoe\led parlies are invited to attend Ihi.s "reeling and he heard. Any person who decides to appe;rl any decision made with re cospect to xny "taller nsidrre(I at This nlceling will need to ensure 111,11 a verbatim record of the luoceedio^s is made. which record includes the te.stitnuny and evidence upon which the appeal i, to be based. Sondra Rozar Sin1.s, CMC City Clerk LOCATION MAP BUILDING & PUBLIC SAFETY DEPARTMENT CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AMEND THE COMPREHENSIVE PLAN This application, together with ALL REQUIRED EXHIBITS, shall be completed and filed with the zoning division prior to the established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAN AMENDMENT DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PERMIT. TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT) Owner(s): Time Warner Cable Co. Applicant: Droor & Associates, Inc. Address: 720 Macrnolia Avenue Address: 2351 W. Eau Gallie Blvd., Ste. City: Mel bourne State: FL City: Melbourne State: FL Zip Code:. 32924 Phone1 407) 254- Zip Code: 32935 Phone{ 407) 253-8233 TYPE OF REQUEST 3326 Change to the Text of the Comprehensive Plan Comprehensive Plan Element Change to an Existing Provision: Attach proposed wording, reasons, and appropriate data and analysis to support the requested change. _Change to the Zoning Map Existing Zoning Designation: Requested Zoning Designation: Attach reasons for requested change; Change to the Future Land Use Map Existing Future Land Use Designation: Requested Future Land Use Designation: Attach reasons for requested change. LOCATION Section: 23 Township: 2 4 S Range: 37E Block: ::Eo --T Supdivision: Total Acreage: 0.4 +/— Overall Dimensions—T77'. imensions+/— X 103 Location and Distance from Nearest Public Road(s)- Tcx-atPri at Nnrt C, AZ . lac r� REQUIRED EXHIBITS _}_The complete legal description (and the tax identification number) of the property or portion thereof that the amendment is being requested for, typed on a separate sheet of paper. An error in the legal description will result in the request being delayed at the owner/applicant's expense. X A certified survey of the subject property. A County Property Appraiser's map describing the exact parcel may be accepted in lieu of a survey in certain instances. X A County Property Appraiser's map identifying the subject property and all of the owners located within 500 feet of the boundaries of the subject property. --X_A list of names and addresses of all of the property owners located within 500 feet of the boundaries of the subject property and keyed to the County Property Appraiser's map (SEE EXAMPLE ON BACK OF THIS FORM) X A copy of the most recent recorded Warranty Deed. ---K-_Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other than themselves to act on their behalf as the applicant. Signature of Staff member discussing proposed action with the Appl The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: STATE OF Florida COUNTY OF Brevard .I,_ Noel Droor, Droor & Ass. being first duly sworn, depose and -say [ am the owner of the subject property, or (if corporation, I am the Officer of the corporation authorized to act on this request). X I am the legal representative of the owner of the subject property of this application. (If the property is not owned, or owned only in part by the applicant, a notarized letter must accompany the applica ' iving written consent by all PL Jperty owners of the subject property unless the applicant is the Attorney fl a owner ALL THE ANSWERS TO THE QUESTIONS M THIS APPLICATIQN. ALL S CHES AN DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO THE BEST OF OWLFnC P SWORN AND SUBSCRIBED TO BEFORE ME THIS D OF - 19 �F, MY �p (fie NO BEAL O SUSAN L CHAPMAN — --� * j! x COMMISSION NUMBER C C 3 6 2 6 01 7�, ��Q MY COMMISSION EXP. c OF Flo MAA. 23 1997 Cl � � -- (oi, 1 1 3 1 , 9 3 r5 * 2. 5 0 0. 0 0 All applications must be personally submitted to the Building & Public Safety Department located in the Cape Canaveral City Hall, 105 Polk Avenue, Cape Canaveral, Fl. in order that the applicant my receive the necessary sign which must be posted on the property. DO NOT MAIL APPLICATION. Fee of S of r i in Cash or Check (No.`i/51 R ) drawn to the order of The City of Cape Canaveral. Receipt No. Form A attached (if applicable Signature for City Clerks Office Date: Zoning & Comp. PlanVerified Sign Issued LPA Meeting Date: 3 21 Time:_ —7'. 30 04 Location:A4P)( CC Meeting Date: Time: Location: I Authorization To Act As Applicant Planning & Zoning / Board Of Adjustment / Local Planning Agency 1', Troy J. Harville VP/GM Time Warner CablWthorize Noel Droor r to act as applicant, representing me before the Planning & Zoning Board / Board of Adjustment / Local Planning Agency of Cape Canaveral, Florida. State of Florida, County of Brevard Sworn and subscribed to before me (signature) J l(� nGC, e An o2[g) this �` day oflzr n.4- 19 Not Pubffc My Commission Expires: APPLCANI-SAM c; tQ Gt L CG � Form of Identification SUSAN R. SQPSON Comm Abl 2A61p UOFFI-O & nded g , No CC3 80709 X-�"' 110awLa J. CHARLES GRAY GOROON H. HARRIS RICHARD M. ROBINSON PF - R. FINCH Pa A O. PRICE JAo-. 6 F. PAGE, JR. WILLIAM A. BOYLES THOMAS A. CLOUD BYRD F. MARSHALL, JR. J. MASON WILLIAMS, = LEO P. ROCK, JR. G. ROBERTSON DILG CHARLES W. SELL JACK A. KIRSCHENBAUM RICHARD E. BURKE GUY S. HAGGARD FREDERICK W. LEONHAROT BORRON J. OWEN, JR. MICHAEL K. WILSON JEFFREY D. KEINER PAUL S. OUINN, JR. DAVID L. SCHICK JACK K. MCMULLEN SUSAN T. SPRAOLEY MICHAEL E. NEUKAMM DONALD A. NOHRR PHILIP F. NOHRR WILLIAM G. BOLTIN, III Mr. G. J. Moran, CBO Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 GRAY, HARRIS & ROBINSON PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 138 1800 WEST HIBISCUS BOULEVARD POST OFFICE BOX 1870 MELBOURNE, FL 32902-1870 TELEPHONE (407) 727.8100 FAX (407) 984.4122 April , 1997 Re: Comprehensive Plan Amendment Time Warner Cable Dear Mr. Moran: 4 ` DIST' :,U I ICi.N_ MaVOf Cit•: COL!ncii_ City Aity. I Pub. V:ures Dir. Supping Uti. Finance Dil• R. LEE BENNETT TRACY A. BORGERT JOHN A. KIRST, JR. WILBUR E. BREWTON KENNETH J. PLANTE MICHAEL E. WRIGHT WILLIAM A. GRIMM KENT L. HIPP ROBERT L. BEALS DONALD H. GIBSON KIMBERLY NOWORYTA SUNNER CHRISTOPHER J. COLEMAN PEGGY R. HOYT BRUCE M. HARRIS R. DEAN CANNON, JR. FRANK A. HAMNER RICHARD A. RODGERS ALISON M. YURKO KELLY M. FITZGERALD KELLY BREWTON PLANTE LEE M. KILLINGER J. SCOTT SIMS CATHERINE M. PECK OF COUNSEL MALCOLM R. KIRSCHENBAUM SYDNEY L. JACKOWITZ THEODORE L SHINKLE LILA INGATE MCHENRY Our law firm represents the Center Street Trust which owns property that abuts the property that we believe is subject to the proposed Comprehensive Plan Amendment change by Time Warner Cable. It is my understanding that the City of Cape Canaveral has not scheduled a hearing on the proposed Land Use Change Amendment, and by this letter I am requesting that you provide the undersigned with notice as to the date and time that the City will hear the request by Time Warner Cable once a date is set. Your cooperation in this matter is appreciated. PFN/hms' Very truly yours, 'M�( V- F, /�� Philip F. ohrr M ELSOURNE ORLANDO TALLAHASSEE (407) 727.8100 (407) 843-8880 (904) 222-7717 Aa"DROOR & ASSOCIATES INC. 2351 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January 27, 1997 Project #95052 G.J. Moran City of Cape Canaveral Building Department 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 (407) 253-8233 FAX (407) 253-4988 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: Enclosed please find the following for re -zoning of the above referenced project. • Check in the Amount of $ 2,500.00 • Copy of complete Legal Description • Copy of Certified Survey of the subject property • A County Property Appraisal Map • List of names and addresses of all the property owners located within 500 feet • Copy of the most recent recorded warranty deed • Notarized statement from property owner authorizing DAI as the legal representative. We hope the above submittal meets with your approval. Please call if you have any questions. Very rely Yo oe , .E. President CC: I Bob Sell, TWC 95052CBD.SAM Civil & Structural Engineering Inspections PE 37259 § 110.122 Sec. 110-122. Hotels and motels. CAPE CANAVERAL CODE Certificates of occupancy issued for hotels and motels shall be issued for the entire hotel or motel project up to 150 units and after 150 units shall be issued in minimums of 50 units per each certifi- cate of occupancy. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08) Secs. 110-123-110.135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law and this division. (('-ie 1981, ch. 647) Sec. 110-137. Procedure. (a) A zoning district boundary change may be initiated by: (1) The owners of at least 75 percent of the property described in the application. (2) Tenants with the owners' sworn consent. (3) Duly authorized agents evidenced by a written power of attorney. (4) The city council. (5) The planning and zoning board. (6) Any department or agency of the city. (b) Any amendment to this chapter, other than a district boundary change, may be proposed by: (1) The city council. (2) The planning and zoning board. Any department or agency of the city. (4) Any person. (c) All proposed amendments shall be submitted to the planning and zoning board for study and recommendation. The planning and zoning board shall study such proposals to determine: (1) The need and justification for change. (2) When pertaining to the rezoning of land, the effect of the change, if any, on the par- ticular property and on surrounding prop- erties. (3) When pertaining to the rezoning of land, the amount of undeveloped land in the gen- eral area and in the city having the same classification as that requested. (4) The relationship of the proposed amend- ment to the purpose of the city's plan for development, with appropriate consider- ation as to whether the proposed change will further the purposes of this chapter and the plan. (d) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommenda- tion within 30 days following its official action on the request. The city council may extend this time limit for good cause. (e) No recommendation for change or amend- ment may be considered by the city council until due public notice has been given of a public hearing. Public notice of the hearing shall be given only after the planning and zoning board has sub- mitted its recommendation concerning the change or amendment, and the public notice of the hearing shall be given at least 14 days in advance of the hearing by the publication in a newspaper of reg- ular and general circulation in the city, and no- tice shall be posted at city hall. (f) A courtesy notice may be mailed to the prop- erty owner of record within a radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall not affect any action or pro- ceedings taken under this division. (g) When any proposed change of a zoning dis- trict boundary lies within 500 feet of the boundary of an incorporated or unincorporated area, notice may be forwarded to the planning and zoning board or governing body of such incorporated or CD110:22 ZONING unincorporated area in order to give such body an Opportunity to appear at the hearing and express its opinion on the effect of such district boundary change. (h) When the city council proposes a change in zoning classification of a single parcel or a group of not more than 500 parcels of any property within its jurisdiction, it shall be the duty of the city council to give notice by mail to each property owner whose zoning classification is proposed to be changed. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes, for the jurisdiction pro- posing the change and shall be postmarked no later than ten days prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected property, the existing zoning classifica- tion, the proposed zoning classification and the time and place of any scheduled hearing concern- ing the proposed zoning change. Prior to the effective date of any zoning classification change, the city council shall cause an affidavit to be filed with the city clerk certifying that the city council has complied with this section. The filing of the affidavit shall be prima facie proof of compliance with this section. A failure to give notice shall not affect the validity of zoning, except as to the property of the complaining owner. (Code 1981, § 647.01) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain con- ditions, limitations or requirements not applica- ble to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. Wh n a proposed change in zoning district boundaries has been acted upon by the city coun- cil and disapproved or failed to pass, such pro- posed change, in the same or substantially simi- lar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the Supp. No. 3 § 110-171 original request was initiated by the city council, planning and zoning board or any department or agency of the city nor shall such restriction apply to the city council, the planning and zoning board or any department or agency of the city. (Code 1981, § 647.05) Secs. 110-140-110-160. Reserved. ARTICLE N SPECIAL EXCEPTIONS DIVISION 1. GENERALLY Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconform- ing. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162-110-170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES* Sec. 110-171. Establishments serving alco- holic beverages. (a) Establishments which shall require a spe- cial exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or per- mit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consis- tent with all the conditions as set forth in this subsection and also the following: (1) The establishment shall not be within 300 feet of any existing church, schoolgrounds or playgrounds. Measurement shall be made CD110:23 'Cross reference—Alcoholic beverages, ch. 6. I F.S. 1995 INTERGOVERNMENTAL PROGRAMS 2. If any of the issues raised by the state land plan- ning agency in the original subsection (10) proceeding are not resolved by the compliance agreement amend- ments, any intervenor in the original subsection (10) pro- ceeding may require those issues to be addressed in the pending s. 120.57 consolidated realigned proceed- ing. As to those unresolved issues, the burden of proof shall be governed by subsection (10). 3. If the local government adopts a comprehensive plan amendment pursuant to a compliance agreement and a notice of intent to find the plan amendment not in compliance is issued, the state land planning agency shall forward the notice of intent to the Division of Administrative Hearings, which shall consolidate the proceeding with the pending proceeding and immedi- ately set a date for hearing in the pending s. 120.57 pro- ceeding. Affected persons who are not a party to the underlying s. 120.57 proceeding may challenge the plan amendment adopted pursuant to the compliance agree- ment by filing a petition pursuant to subsection (10). (g) If the local government fails to adopt a compre- hensive plan amendment pursuant to a compliance agreement, the state land planning agency shall notify the Division of Administrative Hearings, which shall set the hearing in the pending s. 120.57 proceeding at the earliest convenient time. (h) This subsection does not prohibit a local govern- ment from amending portions of its comprehensive plan other than those which are the subject of the compli- ance agreement. However, such amendments to the plan may not be inconsistent with the compliance agree- ment. (i) Nothing in this subsection is intended to limit the parties from entering into a compliance agreement at any time before the final order in the proceeding is issued, provided that the provisions of paragraph (c) shall apply regardless of when the compliance agree- ment is reached. (j) Nothing in this subsection is intended to force any party into settlement against its will or to preclude the use of other informal dispute resolution methods, such as the services offered by the Florida Growth Man- agement Dispute Resolution Consortium, in the course of or in addition to the method described in this subsec- tion. Hietory.—s. 9, ch. 75-257; s. 1, ch. 77-174; S. 4, ch. 77-331: s. 7, ch. 89_308; s, 8, ch. 84-254; s. 8, ch. 85-55; s. 9, ch. 86-191; S. 7, ch. 92-129; s. 77, ch. 92-279: s. 55, ch. 92-326; s. 10, Ch. 93-206; s. 34, ch. 94-356; S. 1445, Ch. 95-147; S. 5. Ch. 95-181; s. 11, ch. 95-310: S. 2. Ch. 95-322. 'Note.—The word 'Chapter' was substituted for the word 'rule' by the editors to Conform to the correct citation styte for the referenced material. =Note.—Repealed by s. 1, ch. 95-145. 163.3187 Amendment of adopted comprehensive plan.— (1) Amendments to comprehensive plans adopted pursuant to this part may be made not more than two times during any calendar year, except: (a) In the case of an emergency, comprehensive plan amendments may be made more often than twice during the calendar year if the additional plan amend- ment receives the approval of all of the members of the governing body. 'Emergency" means any occurrence or threat thereof whether accidental or natural, caused by humankind, in war or peace, which results or may result Ch. 163 in substantial injury or harm to the population or sub- stantial damage to or loss of property or public funds. (b) Any local government comprehensive plan amendments directly related to a proposed develop- ment of regional impact, including changes which have been determined to be substantial deviations and including Florida Quality Developments pursuant to s. 380.061, may be initiated by a local planning agency and considered by the local governing body at the same time as the application for development approval using the procedures provided for local plan amendment in this section and applicable local ordinances, without regard to statutory or local ordinance limits on the fre- quency of consideration of amendments to the local comprehensive plan. Nothing in this subsection shall be deemed to require favorable consideration of a plan amendment solely because it is related to a develop- ment of regional impact. (c) Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions: 11. The proposed amendment involves a use of 10 acres or fewer and: a. The cumulative effect of the acreage for all small scale development amendments adopted by the local government shall not exceed 60 total acres annually. b. The proposed amendment does not involve the same property more than once a year. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only pro- poses a land use change to the future land use map for a site-specific small scale development activity. e. The proposed amendment is not located within an area of critical state concern. f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. 2. A local government is not required to comply with the requirements of s. 163.3184(15)(c), for plan amendments pursuant to this paragraph if the local gov- ernment complies with the provisions in s. 125.66(4)(a) for a county or in s. 166.041(3)(c) for a municipality. If ini- tiated by other than the local government, public notice is required. The local government shall send copies of the notice and amendment to the state land planning agency, the regional planning council, and any other person or entity requesting a copy. 3. Small scale development amendments adopted pursuant to paragraph (1)(c) require only one public hearing before the governing board, which shall be an adoption hearing as described in s. 163.3184(7), and are not subject to the requirements of s. 163.3184(3)-(6) unless the local government elects to have them subject to those requirements. 1239 (d) Any comprehensive plan amendment required by a compliance agreement pursuant to s. 163.3184(16 may be approved without regard to statutory limits on the frequency of adoption of amendments to the com- prehensive plan. (e) A comprehensive plan amendment for location of a state correctional facility. Such an amendment may be made at any time and does not count toward the limita- tion on the frequency -of plan amendments. (2) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177(2). Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. (3)(a) - The state land planning agency shall not review or issue a notice of intent for small scale develop- ment amendments which satisfy the requirements of paragraph (1)(c). Any affected person may file a petition with the Division of Administrative Hearings pursuant to s. 120.57 to request a hearing to challenge the compli- ance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment, shall serve a copy of the petition on the local government, and shall furnish a copy to the state land planning agency. A hearing officer shall hold a hearing in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and the assignment of a hearing officer. The parties to a hearing held pursuant to this subsection ,~qll be the petitioner, the local government, and any rvenor. In the proceeding, the local government's determination that the small scale development amend- ment is in compliance is presumed to be correct. The local government's determination shall be sustained unless it is shown by a preponderance of the evidence that the amendment is not in compliance with the requirements of this act. In any proceeding initiated pur- suant to this subsection, the state land planning agency may intervene. (b)1. If the hearing officer recommends that the small scale development amendment be found not in compliance, the hearing officer shall submit the recom- mended order to the Administration Commission for final agency action. If the hearing officer recommends that the small scale development amendment be found in compliance, the hearing officer shall submit the recom- mended order -to the state land planning agency. 2. If the -state land planning agency determines that the plan amendment is not in compliance, the agency shall submit, within 30 days following its receipt, the rec- ommended order to the Administration Commission for final agency action. If the state land planning agency determines that the plan amendment is in compliance, the agency shall enter a final order within 30 days follow- ing its receipt of the recommended order. (c) Small scale Development amendments shall not become effective until 31 days after adoption. If chal- lenged within 30 days after adoption, small scale devel opment amendments shall not become effective until the state land planning agency or the Administration Crr-*lmission, respectively, issues a final order determin- it le adopted small scale development amendment is In compliance. 1240 (4) Each governing body shall transmit to the state land planning agency a current copy of its comprehen- sive plan not later than December 1, 1985. Each govern- ing body shall also transmit copies of any amendments it adopts to its comprehensive plan so as to continually update the plans on file with the state land planning agency. (5) Nothing in this part is intended to prohibit or limit the authority of local governments to require that a per- son requesting an amendment pay some or all of the cost of public notice. (6) No local government may amend its comprehen- sive plan after the date established by rule for submittal of its evaluation and appraisal report unless it has sub- mitted its report or addendum to the state land planning agency as prescribed by s. 163.3191, except for plan amendments to implement recommendations in the report or addendum. When the agency has determined that the report or addendum has sufficiently addressed all pertinent provisions of s. 163.3191, the local govern- ment may proceed with plan amendments in addition to those necessary to implement recommendations in the report or addendum. (7) The state land planning agency shall consider an increase in the annual total acreage threshold for small scale amendments, particularly with regard to the unique characteristics among the various local govern- ments, and shall report its review to the Governor, the Speaker of the House of Representatives, and the Presi- dent of the Senate on or before January 15, 1996. History.—s. 10, ch. 75-257: s. 1, ch. 77-174; s. 5, ch. 77-331; S. 9, ch. 85-55: s. 10, ch. 86-191; S. 8, ch. 92-129; s. 11, ch. 93-206; s. 4, ch. 94-273; s. 1446, ch. 95-147; s. 12, ch. 95-310: S. 3, ch. 95-322; s. 5, ch. 95-3%. 1Note.—As amended by s. 5, ch. 95-396. This vers— is published here as the last expression of legislative will (see Joumal of the House of Representatives 1995, p. 1795, and Journal of the Senate 1995, p. 728). Subparagraph (1)(c)1. was also amended by s. 3, ch. 95-322, and that version reads: 1. The sed endment nvolves a residential with a density ool 10 un is per creior less, singularly or to combi d use at onwith e y tother, land use category not to exceed 10 acres in total, and: a. The cumulative effect of the acreage for all small scale development amend- ments adopted by the local government shall not exceed 60 total acres annually. b. The proposed amendment does not involve the same property more than once a year. c. The proposed amendment does not involve the same owner's property within 200 legit of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, poli- cies, and objectives of the local government's comprehensive plan, but only pro- poses a land use change to the future land use map for a site-specific small scale development activity. e. The proposed amendment is not located within an area of critical state con. cern. 163.3189 Process for amendment of adopted com- prehensive plan.— (1) The procedure for amendment of an adopted comprehensive plan or plan element which has been found to be in compliance shall be solely as prescribed by this section. (2) A local government which has a comprehensive plan that has been found to be in compliance may amend its comprehensive plan as set forth in s. 163.3184, with the following exceptions: (a) Plan amendments shall not become effective until the state land planning agency issues a final order determining the adopted amendment to be in compli- ance in accordance with s. 163.3184(9), or until the Administration Commission issues a final order deter- mining the adopted amendment to be in compliance in ccordance with s. 163.3184(10), j it F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163 !I (b) If the Administration Commission, upon a hearing pursuant to s. 163.3184, finds that the adopted plan amendment is not in compliance, the commission shall specify actions that would bring the plan amendment into compliance, and may specify the sanctions pro- vided in s. 163.3184(11) to which the local government will be subject if it elects to make the amendment effec- tive notwithstanding the determination of noncompli- ance. However, after the final order of the commission, the local government, by resolution at a public meeting after public notice, may elect to make the amendment effective and be subject to sanctions pursuant to s. 163.3184(11). If the local government enacts the reme- dial actions specified in the commission's final order, the local government shall no longer be subject to sanc- tions. (3)(a) At any time after the department has issued its notice of intent and the matter has been forwarded to the Division of Administrative Hearings, the local gov- ernment proposing the amendment may demand formal mediation or the local government proposing the amendment or an affected person who is a party to the proceeding may demand informal mediation or expeditious resolution of the amendment proceedings by serving written notice on the state land planning agency, all other parties to the proceeding, and the hearing officer. (b) Upon receipt of a notice pursuant to paragraph (a), the hearing officer shall set the matter for final hear- ing no more than 30 days after receipt of the notice. Once a final hearing pursuant to this paragraph has been set, no continuance in the hearing, and no addi- tional time for post -hearing submittals, may be granted without the written agreement of the parties absent a finding by the hearing officer of extraordinary circum- stances. Extraordinary circumstances do not include matters relating to workload or need for additional time for preparation or negotiation. (c) Absent a showing of extraordinary circum- stances, the Administration Commission shall issue a final order, in a case proceeding under this subsection, within 45 days after the issuance of the recommended order, unless the parties agree in writing to a longer time. History.—s. 9, ch. 92-129; s. 12. ch. 93-206. 163.3191 Evaluation and appraisal of comprehen- -sive plan, (1) The planning program shall be a continuous and ongoing process. The local planning agency shall pre- pare periodic reports on the comprehensive plan, which shall be sent to the governing body and to the state land planning agency at least once every 5 years after the adoption of the comprehensive plan. Reports may be transmitted at lesser intervals as may be required or upon request of the governing body. It is the intent of this act that adopted comprehensive plans be periodi- cally updated as provided by this section through the evaluation and appraisal report. The evaluation and appraisal report process shall be the principal process for updating local comprehensive plans to reflect changes in state policy on planning and growth man- agement. (2) The report shall present an assessment and eval- uation of the success or failure of the comprehensive plan, or element or portion thereof, and shall contain appropriate statements (using words, maps, illustra- tions, or other forms) related to: (a) The major problems of development ,phys I deterioration, and the location of land uses and the social and economic effects of such uses in the area. (b) The condition of each element in the comprehen- sive plan at the time of adoption and at date of report. (c) The comprehensive plan objectives as com- pared with actual results at date of report. (d) The extent to which unanticipated and unfore- seen problems and opportunities occurred between date of adoption and date of report. (e) The effect on the comprehensive plan of changes to: the state comprehensive plan, the require- ments of this part, the minimum criteria contained in chapter 9J-5, F.A.C., and the appropriate strategic regional policy plan. (f) The identification of any actions that are taken or need to be taken to address the planning issues identi- fied in the report. (g) Proposed or anticipated plan amendments nec- essary to address or implement the identified changes. (h) A description of the public participation process used by the local government in preparing the report. (3) The report shall also suggest changes needed to update the comprehensive plan, or elements or portions thereof, including reformulated objectives, policies, and standards. Local governments are encouraged to use the report process to develop a local vision that could serve as one basis for revision of the local comprehen- sive plan consistent with the requirements of this act. (4) The governing body shall adopt, or adopt with changes, the report or portions thereof within 90 days after receiving it from the local planning agency. The governing body shall amend its comprehensive plan based on the recommendations contained in the adopted evaluation and appraisal report, pursuant to the procedures in ss. 163.3184, 163.3187, and 163.3189. Amendments to the plan and the adoption of the report may be simultaneous. When amendments to the plan do not occur simultaneously with the adoption of the evalu- ation and appraisal report, the report shall contain a schedule for adoption of proposed amendments within 1 year after the report is adopted, except that the state land planning agency may grant a 6 -month extension for adoption of such plan amendments if the request is justified by good and sufficient cause as determined by the agency. The report shall be transmitted to the state land planning agency, with the related amendments when the amendments are transmitted pursuant to s. 163.3184. (5) The first periodic report for each local govern- ment shall be prepared not later than 7 years after the adoption of the comprehensive plan. Every other peri- odic report shall be prepared not more than an addi- tional 5 years thereafter. (6)(a) The report shall include findings and recom- mendations with respect to the requirements of subsec- tions (2) and (3). 1241 iii - a. ­ ♦1... ,•yf ♦UI UOu -41 09/23/96 NON 17:01 FAX 1 307 422 8262 Prepared by and Return to, Donald T. Curotto, Esquire Wenn, Allen, Lang & Moriacn, P.A. 340 North arange Avenue Orlando, Florida 32601 11Mh nAfOhk A1:1,UUN'I'ihG »»» MELBOURNE 0001 A L X & C �OD4 4�D 1 c4rkCd=RCont Aaxr�;� Intl Vethied 5. -.ns: Gstaty, FL jp Pte. -S t` nuv: 1-4 ri ;3 Ru Fr. a,rmp-rem 19�1 E.-ce Ix 5a1r; tMta In Tx SOMC2 Q1_e.Rr=_ The Space Above is Renewed tar Recording Xntortaation--__�_ SPEC &L ARR&Nn D= 047-3 THIS S2ECIAL WARRANTY as af the DEED made thix 1st da of Qoril }, 1995, by TIME WARNER ENTERTAIM ENT COXpANy, L•r•, a Delaware limited partnership, whose business address is•300 First Stamford Place, Stamford, Connecticut 06902 ("Grantor") to 211 WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE, a New York general partnership, whose business address is 300 First Stamford Place, Stamford, Connecticut 06902 ("Grantee"). Grantee's Tax I.D. No.: 11_3790433 (Whenever used herein the tezaa "Grantor" and 'Grantee" representati include all the parties to this instrument and the heirs, legal ves and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Brevard County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO A.+i' D XADE A PART HEREOF BY REFERENCE. (PARCEL ID NO. 24 -37 -22 -JI -J) TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee si:nple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor but against none other. G7 ti v CO C-0 Pont -IC Fax Note 7671 0•+zri ri• M. 1M.,an To F LojOepe ay Pr Fu• Fu• nn • x01/221`97 WED 17:40 FAX 407 660 5551 09/23/96 MON 17:01 FAX 1 407 422 8262 TIME WARNER ACCOUNTING -*44 MELBOMNIE Q002 A L M & C 0005 047-3 IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed as of the date first above set forth. Signed, sealed and delivered in the presence of: Sign �i�-��� Print c Sign: Print STATE OF 'C COUNTY OF ' TIME WARDER ENTERT7%lkl�,NT COMPANY, L.P., By: AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION, its -General Partner Print: pprry'!4 rArken Title: 1jca Prn5ident The foregoing instrument was acknowledged before me this Q9 day of _ f("vZ r [-0„ 1995, by Henry J. Gerken r as Vice President of AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION, general partner of TIME WARNER ENTERTAINMENT COMPANY, L.P., a Delaware limited partnership, on behalf of the partnership_ He is personally known to me or produced as identification. F1 Notary Public Print: My Commission Expires: DIMITRA SPYROPOULOS Notary 'Public My Coinmission Expires March 31, 1995 t f t -WIT APAZ& I I , r DROOR & ASSOCIATES INC. 2351 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January 31, 1997 Project 995052 G.J. Moran City of Cape Canaveral Building Department -105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 (407) 253-8233 FAX (407) 253-4988 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: With this letter we would like to apply for rezoning of the above referenced project from R-3 to a M 1 Zoning. In the past 20 years the zoning was changed to an R-3 Zoning without giving any consideration for the future use of the property. The existing building (1" Phase) was constructed approximentaly 30 years ago, and at the present time its being used as an office building which is a non -conforming use of the present zoning. The reason for the change of zoning is to construct a 600 S.F. Unmanned Equipment Building to house electronics and fiber optics. Change of zoning from R-3 to M-1 would allow construction of the 600 S.F. Unmanned Equipment Building which is required to serve the neighborhood with their cable and programming needs and it would allow the property to conform to current zoning. We hope the above request of the zoning change meets with your approval. Please call if you have any questi Ve Truly s: Noel Dro E. Presid t CC: Bob Sell, TWC 95052 WIiTSAM Civil & Structural Engineering Inspections PE 37259 s �I CITY OF CAPE CANAVERAL February 5, 1997 City of Cape Canaveral TO: Local Planning Agency Members FROM: G. J. Moran, CBO Building Official �)k 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL. FLORIDA 32920 TELEPHONE 407 783-1100 STAFF REPORT: SUBJECT: Application For Zoning Designation Change APPLICANT: Time Warner Cable Co. ADDRESS: 210 Center Street APPLICANTS REPRESENTATIVE: Noel Droor, P. E This request is to amend the Zoning Map designation from a R-3 Medium Density Residential designation to an M-1 Industrial designation. The existing land use map shows this property as commercial use. This property presently is zoned R-3 and abuts M-1 zoning to the East and R-3 zoning to the North, South and West. y The Property is approximately 4/10th. acre in size, has been the existing use since the early 1970's, was originally constructed as an office building in the 1960's, and is presently classified as an existing non -conforming use and structure in combination. Approval of this request would allow the present use by special exception. (Code Sec. 110-315) All fee's have been paid for this request. All advertisement requirements have been met for this request. Staff recommends that the board recommend approval to the City Council. THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING I axes /o I•, 6 300'1 +,....,._ • :.•a• � .1 2 3 s 3 6 7 6 1 2 3 4 a a 7 26T I 6 I15' OF 3 805• R 115' OF 3 605' OF SV 1'A OF IV 1.9 10 11 12 0L-6 ■. 174' OF S. Yh 7V. 1 4 01 ■V. 1 4 V. OF R0. ' 1t SSS •t6 , 1 et -7 156 a OF JW I a V OF S.1 1101 I , OF aL_2 to a fn ' 36 37 ■ 50 ' I I j - X 57.30' OF 3 690' OF n 1�OF 6V 1!4 V OF 90. , 9 10 It 12 13 Sa s 16 9' LO 11 1i I13 la 15 �w• lUVMf. d �a 2L1 Flo s a• •.r• ,n. ,.• Iwriii�is�il11yi BANYAN E3G'ANrP)HZ a¢ .•.113 �yE , TYLER A7/Ns 7olaxHIXlSEi . . AoRPHS 6-z�lAy4 (.�6-8 -*27 PH/ •4• j1. 7r• • 1_ . 2 a s 6 7 e 1 2 ) a�42 6 7 CAPE CANAVERAL 41 BLDG. CONDO /3_0/-13.04 -=--11X4 �r { L17 f Pel 4c, ' 69 t0 11 12 la *02 I I I 9 t0 1 :2 I :2 I I ) a l 1 114 /2 . f94T I ' 30' E5NT�1j1. 631:1119 Q , _ V - C -- '•4 -C 11U2/IOu Ali+ •� ' R 300' OF S aS5' OF SV 1 4 ae' - I OF 11V 1.4 Y OF RD. PELK ' I •i 2 3 a s a 7 1 47 ! 9 loll SZ 13 la SSI a I ��� lif j1'� /l�f�,} II t ' �1 J 1. C • -.:. • t • 6 300'1 +,....,._ • :.•a• 0 ESIR to 556 "TOO 143' OF IV 1 a OF 3Y 1.4 V OF S. R. 401 rE TAYLOR j I ' .1 3 5 1 9 1 ti rtLl R 6 111 I II OF 3 465' OF GL -2 > ~ m T ) .. • R1 t6I3/sa11 a T52 1' 1 /3 ti l0' E'17 11 R ISO OF 3 155' OF •_ ui f17 R67 10 11 12 0L-6 ■. 174' OF S. Yh 7V. 1 4 01 ■V. 1 4 V. OF R0. ' 1t SSS •t6 , 1 et -7 156 a OF JW I a V OF S.1 1101 I , I •i 2 3 a s a 7 1 47 ! 9 loll SZ 13 la SSI a I ��� lif j1'� /l�f�,} II t ' �1 J 1. C • -.:. • t • _ I � . _. � V' � 750 G.L-3 R 14 GL-) 0 ESIR to 556 "TOO 143' OF IV 1 a OF 3Y 1.4 V OF S. R. 401 rE TAYLOR j I ' .1 3 5 1 9 1 ti rtLl R 6 111 7 15 •' 6 16 > ~ m T ) .. • R1 t6I3/sa11 a T52 (/`('�j\� /E \ 11853 953 E1. R0. R'Y \J r11 e■ 1 uu11011 6 7 56 81 R67 10 11 12 1) 111 15 11 - 1t 15 •t6 1 I •i 2 3 a s a 7 1 47 ! 9 loll SZ 13 la SSI a I ��� lif j1'� /l�f�,} II t ' �1 J 1. C • -.:. • t • _ I � . _. � V' � 750 G.L-3 R 14 GL-) 0 ESIR to 556 "TOO 143' OF IV 1 a OF 3Y 1.4 V OF S. R. 401 rE TAYLOR j I ' .1 3 5 1 9 1 ti rtLl R 6 111 7 15 •' 6 16 > ~ m 1 2 ) a 5 VON Y ME 112Ft s, 6 T Si I i .. • R1 t6I3/sa11 a T52 (/`('�j\� /E \ 11853 953 E1. R0. R'Y \J r11 e■ 1 uu11011 10'[SMT LOW'177 , o ,7. 7 i 1 2 3 4 5 6 Mr. 5% C iLAr 9 30 11 l2 ) 1415 i 711 _ I - 1 (983 )ell _ r I 1 ! e P,1:tY. £ o 1r tto CI 1-1 9es 3e1. lit• - (i- .. 1/ , VEY HiGO LINDA 1 �' I ` - lD � ' 1 (8 71t -.. � SUN/YE /TY� I . _ 191111.279) ,b ,19 U ) (996 55 38 171<" ` 102'- 3 GER1 iL STREET 1111 ,1 -2 YtS #; n I ( I .3 9DI I 9 1.1 314 I 17 U li 15 16 v /Srr 11 12 13 111 15 ' 1 , � 9.Q� 2 3 4 5 6 7 56 81 .9 10 11 12 1) 111 15 16 - 1t 15 •t6 1 o ,7. 7 i 1 2 3 4 5 6 Mr. 5% C iLAr 9 30 11 l2 ) 1415 i 711 _ I - 1 (983 )ell _ r I 1 ! e P,1:tY. £ o 1r tto CI 1-1 9es 3e1. lit• - (i- .. 1/ , VEY HiGO LINDA 1 �' I ` - lD � ' 1 (8 71t -.. � SUN/YE /TY� I . _ 191111.279) ,b ,19 U ) (996 55 38 171<" ` 102'- 3 GER1 iL STREET 1111 ,1 -2 1 2 3 11 L 6 7 62 ' 9 10 11 12 S) 14 15 I 7, • d4„�r1aF•�s 2 1-' B 27S• : tlCMANAN ` O RVEY moR� /-/OJ/ RAM PA ' -7( A193' OF ,4 ZTS' OF a 673 550 es3:s50 1. t. 7r• �j ,Ic• 1 - J� (9e5 38i) 5 1 k360.30' JF 3 1796.60" 1. - .lo' 0 GL-) OF ST, r^, L `.r✓ ! $ LINCOLN • ' _^ , L 1 2 J 4 S• 6• ! 1 2 3 a 5� i 7 I 953'542 Ex, R V 1. C' li /3_0/ /Ary 25' RD. VAC. FfON 401 I` _ : 9 10 1: 12 9 10 11 /I�, l 1 1' --� �� IL 324.21r i' %OVE�1-ts2 lOW; I JOHN30M VON TE/IRA CONGO SEAS 1111 t-1-� = 1..3,.2.1., r,I� ,.Q /. py It 114-11 .• .li• ;� 3413x4 ACL 7,• t 74,1 711' J74�1, I B 755 jl a 326.25' OF S 1226.30' oc GL -4 4L _ '-1 2 3 4 5 6 7 e 1 3 r,4� $ T' Z I 1 II OF ST. IO. EI. I. 150' 73 of, E 210*11 1150' Sri T I I I I I • 10 YJ. 0 11 N 210. OF SN b / .9 10 11. 12 1 4 9 l OIS 112 131 14 ]S; a I I 10.0. ESHT 1064/1003 - I . I W 10'1 [3MT 952:1 11 1.'11 Y OF 3T,7 = 20. . Rod 3R.1MT 0 Ile .t •.117• lu• q...• Ja,, 1. -2 4 KI Z&A- c:ww /car or ,11 . .• 7r •.a e m �sr �✓ 'a'.a`'?'e' _ 813' , aoo' /"/0o-4 - j I I I I I �� __ �.-da.-•i++'oe. �tt • 7�� �5� a =1 2 ) s 6 j , a i Z ) a s 9 7I g 1 ss Ac. 0. ¢6 AC • 77 78 �. 1 I rl 2I I C I 7I6 t�`71SOA- • ► "'GL -3 .9 10 11 I2 1'� 1.�1 1611 LE3; Ll 1�7lSO4 ; lEil �- • 4r CAPE S ARES DO 1 2� 7 8 51 17 i 6 I R I a �. � ,'�- �-�•F-+2-613- et 82 I I . q Y! L L s a� YtS #; n I ( I .3 9DI I 9 1.1 314 I 17 U li 15 16 v /Srr 11 12 13 111 15 ' 1 , � 9.Q� 2 3 4 5 6 7 81 L L -11 11 12 1t 15 •t6 1 2 3 11 L 6 7 62 ' 9 10 11 12 S) 14 15 I 7, • d4„�r1aF•�s 2 1-' B 27S• : tlCMANAN ` O RVEY moR� /-/OJ/ RAM PA ' -7( A193' OF ,4 ZTS' OF a 673 550 es3:s50 1. t. 7r• �j ,Ic• 1 - J� (9e5 38i) 5 1 k360.30' JF 3 1796.60" 1. - .lo' 0 GL-) OF ST, r^, L `.r✓ ! $ LINCOLN • ' _^ , L 1 2 J 4 S• 6• ! 1 2 3 a 5� i 7 I 953'542 Ex, R V 1. C' li /3_0/ /Ary 25' RD. VAC. FfON 401 I` _ : 9 10 1: 12 9 10 11 /I�, l 1 1' --� �� IL 324.21r i' %OVE�1-ts2 lOW; I JOHN30M VON TE/IRA CONGO SEAS 1111 t-1-� = 1..3,.2.1., r,I� ,.Q /. py It 114-11 .• .li• ;� 3413x4 ACL 7,• t 74,1 711' J74�1, I B 755 jl a 326.25' OF S 1226.30' oc GL -4 4L _ '-1 2 3 4 5 6 7 e 1 3 r,4� $ T' Z I 1 II OF ST. IO. EI. I. 150' 73 of, E 210*11 1150' Sri T I I I I I • 10 YJ. 0 11 N 210. OF SN b / .9 10 11. 12 1 4 9 l OIS 112 131 14 ]S; a I I 10.0. ESHT 1064/1003 - I . I W 10'1 [3MT 952:1 11 1.'11 Y OF 3T,7 = 20. . Rod 3R.1MT 0 Ile .t •.117• lu• q...• Ja,, 1. -2 4 KI Z&A- c:ww /car or ,11 . .• 7r •.a e m �sr �✓ 'a'.a`'?'e' _ 813' , aoo' /"/0o-4 - j I I I I I �� __ �.-da.-•i++'oe. �tt • 7�� �5� a =1 2 ) s 6 j , a i Z ) a s 9 7I g 1 ss Ac. 0. ¢6 AC • 77 78 �. 1 I rl 2I I C I 7I6 t�`71SOA- • ► "'GL -3 .9 10 11 I2 1'� 1.�1 1611 LE3; Ll 1�7lSO4 ; lEil �- • 4r CAPE S ARES DO 1 2� 7 8 51 17 i 6 I R I a �. � ,'�- �-�•F-+2-613- et 82 I I . q Y! L L s a� YtS #; n I ( I .3 9DI I 9 1.1 314 I 17 U li 15 16 v /Srr 11 12 13 111 15 ' 1 , � 9.Q� ty of Cape Canaveral Ms. Melissa Annitto VIA FAX: 255-0350 Display Advertising Florida Today P. O. Box 363000 Melbourne, FL 32936-0300 Dear Ms. Annitto: Following is an advertisement for the City of Cape Canaveral announcing the first small scale plan amendment for 1997. Florida Statutes, Section 166.041(c)2, establishes the requirements for this advertisement. It shall be no less than 2 columns wide by 10 inches long in a standard size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear: Please publish this legal advertisement once on Tuesday, March 4, 1997. Please provide a proof of the advertisement prior to publishing the advertisement. Also, please provide an affidavit of proof of publication to my attention at the address listed below. Should - you have questions regarding this advertisement, please contact my office at 868-1221. Sincerely, Sandra O. Sims, CMC City Clerk ss Enclosure d:\c itycl-I\ditycI k\Iegalada\compP Ian\t--Ipa-doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHn NP unci uaa_•»nn —v __ — o,-,,, NOTICE OF COMPREHENSIVE PLAN AMENDMENT The City of Cape Canaveral proposes to appropriate locations for public schools in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the Local Planning Agency of the City of Cape Canaveral, on Wednesday, March 12,1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING AND INCONSISTENT AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3 Sandra Rozar Sims, CMC City Clerk Published: Tuesday, March 4, 1997 (at least 7 days before 1pa hearing) Florida Today 2 columns wide by 10 inches long, headline 18 point not in legal or classified sections d:\citycl-1\citycIk\legaIadz\comppIan\t.c-1pa.doc CITY OF CAPE CANAVERAL Dear Property Owner: City of Cape Canaveral March 3, 1997 /J* Z r ) 9 lbkolf ' The Local Planning Agency of the City of Cape Canaveral will hold a public hearing to consider the following: Request from Time Warner Cable Company to Amend the Comprehensive Plan and Change the Land Use District from R-3 to M-1 Zoning. Property Legal Description: Section 23, Township 24 South, Range 37 East, Parcel J, City of Cape Canaveral, Brevard County, Florida. Property Size: 0.4 +/- Acres with Overall Dimensions of 170 ft. +/or - X 103 ft. Street Address: 210 Center Street Property Owner: Time Warner Cable Company 720 Magnolia Avenue Melbourne, FL 32924 This request will be heard by the Local Planning Agency at their meeting to be held at 7.30 P.M., Wednesday, March 12,1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Since your property is located within 500 feet of this property, you are cordially invited to attend this meeting and be heard. Any person who decides to appeal any decision with respect to any matter considered at this meeting will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. For more information regarding this request, please contact the Cape Canaveral Building Department at (407)868-1222. GJM:slc Sinc I G. oran, CBO Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX 1407) 799-3170 THE FOLLOWING IS A LISTING OF PROPERTY OWNERS LYING WITHIN 500 FEET OF SUBJECT PROPERTY (24 -37 -22 -JI -J) AS TAKEN FROM THE BREVARD COUNTY PROPERTY APPRAISER'S RECORDS. KEY CODE OWNER //*Zteoi 1' MURCIA, MARIA ISABEL TRUSTEE P 0 BOX 527764 MIAMI FL 33152 7764 2. DEVLIN, JAMES A P 0 BOX 150 HILLSBORO NH 03244 0 3. SILICON BEACH PROPERTIES INC 007073 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 4. O'BRIEN, RANDALL 0 008052 ASTRONAUT BLVD CAPE CANAVERAL FL 32920 0 5• TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 0 6. CANAVERAL INDUSTRIES INC C/O EDWARD HRADESKY 000124 ST CROIX AVE COCOA BCH FL 32931 0 7. AEROSPACE BUSINESS PARK INC 000124 ST CROIX AVE COCOA BCH FL 32931 0 8• AEROSPACE BUSINESS PARK INC P 0 BOX 150 HILLSBOROUGH NH 03244 0 9. JOHNSON CONTROLS WORLD SERVICES INC 007315 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 10 x► PARCEL 0 3 i ASPHALT O NAIL & DISK S.88'55'27" E. 150.00'(DEED) "BRIEL" ti 5.88'44'42"E. 103.00'(M) �I i" PIPE a 6- CtWN •LINK FENCE �� NO CAP P.O.0 P.O. x wa — — F — — — I 40.00' ' x �l yry ♦9 y1 ( S. CONC. CONC. ,a1 x 1CONC. p I GUY `�� S'x5'N RISER W .`�... CONC. h 60 I I I M W x 9 p ° N Z I— to O x ASPHALT c) °� Ir 1. W,I u p V) wd X u I" W ' co Q I O x y 60.7' Y I A4 I (O O W v CONC. Z �(j 4.2'x S' aaT= I (O I J aJ I 4 3s.7' xI I3 w J Q x >> CONC.Ld ' �° p v a Ix tr V) x y .;.. 1 STORY C.B.S. o I O a om a n C13TOWER ANCHOR _�_ xy I 3 o b_o jF ti1. x__%--%—%—x �0 �i co % f- _ l0 it Q b� 1 O a d ei N a Lii Ln a l a `D 22.6' y 7.3' cv o of a 15.15' 37.90'°ti 19:7' Uj xy�1 1ym d Nyy coNc. COVERED "? e .- yF0 xy c> O x—x O p u1 I ; N z i- V) 00 ry�x ci $ ;. w Fb I I I ti•iA ,. fon 1'<•�.f:{•!: w':` NAIL DISK i:TI:AJ.C:r,.. ,�.•�.•7L.'..'1Zi. "BRIELASPHALT .ry.+.:.�N..Ah.i•iIL i O f do DISK 10 O , "DIETFIORN" Uj 1 54" RCP _ ►10° N.88*S5'27"W. 103.00'(M) y' �'�' yh►1 2' CONCRETE CURB ►` *�► yya ui LESS O.R.B. 826• PG. 725 — _ _ ob N.88'55'27"W. y'° 150.00'(DEED) �y C/� CENTER STREET , h 1 Meeting Type: Regular Meeting Date: 05-20-97 AGENDA REPORT AGENDA Heading Discussion item 10 No. Use reserve funds to design and permit this road segment and to fund its construction. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CONSTRUCTION OF THE EAST -WEST SECTION OF TOWER BLVD. DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: That the City Council consider Shuford Development's request to construct the remaining portion of Tower Blvd. Summary Explanation & Background: Shuford Development has requested that the City comply with the terms outlined in the attached quitclaim deed for the construction of the remaining portion of Tower Blvd. The City Council has the following options: Use reserve funds to design and permit this road segment and to fund its construction. Have staff evaluate the need for this roadway segment and incorporate it into the comprehensive plan and the five year capital budget. =>If this road segment is not needed, offer this property back to Shuford Development, less any utility easements. Please-ddvise Exhibits Attached GOI letter dated 02-08-90; Nicholas letter dated 04-19-90; Quitclaim deed -Tower Blvd. City Manager's Office Department STREETS/PUBLIC WORKS President Shuford Development Inc. P. 0. BOX 228 Hickory, North Carolina 28603 Dear Mr. Shuford: 'ity of Cape Canaveral May 15, 1997 This letter is in response to your inquiry which I received today regarding the status of your original request concerning the dedication of certain roadways and the construction of the east -west segment of Tower Blvd. I have consulted with the City Council on your original request of May 6, 1997. Mayor Pro Tem Rocky Randels was to have conveyed the City Council's position, and I have been assured that he has done so. Your request for the above actions will, again, be discussed at the May 20, 1997 City Council meeting and attached you will find my recommendations regarding same. I would encourage your representatives to attend that meeting and, hopefully, a resolution can be reached. Regarding your statement that the City gave the post office an easement onto Commerce Street, a review of the minutes and tape recording of the September 27, 1995 Planning & Zoning Board meeting when the board approved the site plan for the post office, confirmed that it was disclosed to the City board that this was a private roadway and the applicant assured the City that he would work out all property egress and ingress requirements with your representative who, at that time, was Mr. George Firkins. It was understood by everyone at that meeting that the burden of egress and ingress was that of the applicant. If you have any further comments or concerns, please call me at any time. My door is always open to help resolve these issues, but the ultimate authority rests with the City Council. I look forward to meeting with you or your representatives next Tuesday. Sincerely, �;,�,�._Bouche City Manager BCB:kmm Encs. cc: Honorable Mayor and Members of City Council City Attorney Public Works Director 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX 1407) 799-3170 Shuford Development, Inc. Post Office Box 2228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 Via Fed Ex May 14, 1997 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl, 32920 Dear Mr. Boucher: DI FRP! UTION nia5���r _ .� City Council �. V l<s Dir. ✓ I'uip_Off. r rn1ance Dir. It has been slightly less than one month since you received my letter dated April 17, 1997. Like the correspondence you have received in the past from our attorney, Mr. John Starling, you have chosen not to respond to it. Mr. Rocky Randals, however, took the time to call me and bring me up to date on the most recent City Council meeting. I would like to reiterate to you what I said to Mr. Randals on two issues: 1. Commerce Street between Central Boulevard and A 1 A - Cevesco, Inc. and its legal counsel believe that the Post Office has been granted an easement onto Commerce Street by the City of Cape Canaveral, an easement which the City had no legal right to grant. Cevesco. Inc. intends to spend no money improving this road and is in fact demanding that the City accept ownership of the property. If a satisfactory plan to deal with this problem is not agreed to in writing by June 1, 1997, Cevesco, through its legal counsel, will notify the owners of the Post Office of the problem and grant the owners a reasonable time period to find alternative access. 2. Tower Boulevard - Cevesco, Inc. and its legal counsel believe that the City of Cape Canaveral has failed to live up to its part of an agreement made in 1990, whereby in exchange for a quitclaim deed of 8.6 acres of land to the City, the City would pave Tower and Central Boulevards. If a satisfactory plan to pave these roads cannot be agreed upon in writing by June 1, 1997, Cevesco, through its legal counsel, will begin proceedings to reclaim this property or, alternatively, to require the City of pave the streets. I am aware that you apparently somehow think that you are in the right on this issue; however, that is not the opinion of our counsel and Cevesco intends to act accordingly. CXE V ESCOIROAD97-3. W PD Please feel free to call me at any time. The easiest telephone number to reach me is 704.328.2141 ext. 8500. As before, I look forward to your prompt response to my requests. Sincerely, C. Hunt Shuford, Jr. President Shuford Development, Inc., Shuford Development Company, Cevesco, Inc., and Canaveral Beach Garden Apartments, Inc. cc: Mr. George H. Firkins, Jr., Agent to Cevesco, Inc. - Via Fax Mr. John M. Starling, Severs, Stadler & Harris, P.A. - Via Fax C:\CEVESCO\ROAD97-3.WPD CL 7. D. '1 Gordon & Delthorn Land Surveyors, Inc. l 19 Forrest Avenue, Cocoa, Florida 32922 (407) 639-8171 • FAX (407) 639-8177 February 8, 1990 L� Mr. George Firkins Shuford Mills, Inc. 211 Caroline Avenue Cape Canaveral, Florida 32920 A. Earl Gordon, Jr., P.L.S. David A. Deithorn, P.L.S. RE: Dedication of Central and Tower Boulevard Rights of Way George: At our meeting on January 18, 1990 with Mr. Nichols, the City Manager, we discussed the above referenced rights of way and their present status. I'm sure you were as surprised as I when Mr. Nichols expressed the fact that the City thought they already had fee title to these rights of way. He seemed anxious to have the City acquire these lands after we produced the recorded instruments showing that Shuford Mills had only dedicated these lands as access and utility easements. As I indicated to Mr. Nichols, Shuford Mills had already conveyed certain lands to Ford Concepts, Inc. that were encumbered by the Tower Boulevard easement and that we would re -align the road in this area when dedicated to the City. However, as I mentioned to Mr. Nichols, the utility easements are still in force and if Ford Concepts or their successors wished to have the existing utilities re -located, it would be at their expense and not the City's. In as much as the City plans on constructing these roadways to better serve the wastewater treatment plant, I believe it would be to Shuford Mills best interest to dedicate the lands to the City for several reasons: 1. It would reduce your property taxes by the amount taxed on 8.6 acres. 2. The City would pay for the design and construction of the roadways. 3. Shuford Mills would only be assessed based on their frontage along the new construction. 4. The improvements will make the remaining Shuford Mills lands more attractive to investors. Mr. George Firkins February 8, 1990 Page 2 5. Will relieve Shuford Mills of any existing maintenance responsibilities for the existing roadways. 6. Opens up the lands behind the Gateway to the Stars which is landlocked at the present. 7. Indicates Shuford Mills willingness to cooperate with the City fathers in providing them with the means to improve their facilities at a minimal cost. George, at this time with the growing interest in the lands west of A -1-A, I don't see any negatives in dedicating these lands, unless, of course, Shuford Mills plans on developing this area themselves; and in this case they may come up with a concept plan that would not be compatible with the present alignments. If I can be of further assistance on this matter, please call at your convenience. Sincerely, G- ON ITH RN LAND SURVEYORS, INC. David A. Deithorn, P.L.S. Vice President DAD/ng HLE GUI -1Y City of Cape Canaveral 105 POLK AVENUE• P.O. BOX 328 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 CITY OF CAPE CANAVERAL April 19, 1990 Mr. George Firkens Cevesco, , Inc. P.O. Drawer "S" Cape Canaveral, FL 32920 Dear George: Thank you for your prompt reply in having the surveys made of the Tower Boulvard relocation and of west Central Avenue. The City Attorney has prepared Quick -Claim Deeds for these roads, and once they are executed we will proceed with the paving project as we have discussed. Your cooperation in this matter is greatly appreciated and will certainly result in improvements which will benefit the City and Cevesco. Sincerely, Leo C. Nicholas City Manager LCN/ab co O L/l CD .P- —J aU1r•CLAIAt D11D RAMCO FORM B Retlfrn to: (inclose self-addressed stamped envelope) RECORI N+m+ James S. Theriac D'RE Atilt,.: 96 Willard Street 8 Suite 302 -Cocoa, Florida 32922 This Instrument Repand by: James S. Theriac Am,.: 96 Willard Street Suite 302 Cocoa, Florida 32922 CD T �L7 fel c� A C7 M TOWER, 800LEVA90 ; Ef)° VERIFIED 836 7 90 APR 27 A1111:24 J ' Z- I OU rl oiiu s — lvnard co_ f lotlda SPACE ABOVE THIS LINE FOR PROCESSING DATA RiS tQuit-flaim deed, Executed this 2 v A day of CEVESCO, INC., a Florida Corporation SPACE ABOVE THIS LINE FOR RECORDING DATA r7pr-i f A. D. 1990 , by first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose posiofficeaddress is Post Office Box 326 Cape Canaveral, Florida 32920 second party: (Wherever used herein the terms ••First party and ••second party" shall include singular and plural, heirs, legal rep senbtives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admit. or requiro.) 10itneSSfth, That the said first party, for arid in consideration of The slim of $ 10.00 in hand paid by The said second party, lite receipt whereof is hereby acknowledged, does hereby remise, re- lease arid quit -claim unto The said second party forever, all lite right, title, interest, claim and demand which file said first party has in and to lite following described fol, piece or parcel of land, situate, lying and being in the County of Brevard State of Florida , to-wil: See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpora- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to install, pave and maintain a public road known as Tower Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such installation, paving and maintenance. To 11aue and to Mold file same logeflter with all and singular file appurtenances thereunto belonging or in anywise appertaining, and all the esfafe, right, title, interest. lien, equity and claim what- soever of lite said first party, either in law or equity, to the only proper use, benefit and behoof of lhe.e id, second party forever. g ` fin' �e1 In 4Q hUSS ihhereot, The said first party /ins s' rned arid sealed these pre HIs l:l+i, wla f ty' a siC. , S N{�:}ally';-^'' first above written. I Signed, sealed arid delivered in CE CO, INC., a Flor 't'dj'•: g presence of: c' L' •j ' i t!11...�.. ................. Attest.i...... `u ,r,i: STATE OF FLORIDA, COUNTY OF I HEREBY CERTIFY that on this day, before ale, an offircr duly authorized in the State aforesaid . r., and in the County aforesaid to take acknowhCdgmcnt6t ,ptrso� �''�rx�naII,d 7TV � l,� (Jforge /%. Fir Kin t, 7r• .• - ,..,. ; 'i=,;G,.;;.....,,,,e•'-,r , to me known to he the person Sidescribed in and who executed the foregoing instrument and they��,:.:,R(-, N't�oi�ilGod before me that they executed the same. on behalf of said Corporatidli.:../�; . •.; `^ WITNESS my hand angqel seal ri+�.• in the County and Slate last aforesaid This t.a���{' :{`�x'15p'ao[ gqofficial Not rDysf.Ifc�Stalc or rinrida .M Lame, Q - ;kt' . ;�j�+'^}a,. fi.., A7v Cnwniv:ina L>�:i�:•. P.. ,t G. 1092 .................................�....—�Q'L(........1..:`.....,�rs' .µ>.............. h rfsARV I,rIRT.T(Chat-a '(1 fa -��flTlria EXHIBIT A SURVEYOR'S DESCRIPTION: (TOWER BOULEVARD) A:STRIP OF LAND 60.00 FEET IN WIDTH LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE N 35 46'12" W, FOR A DISTANCE OF 401.26 FEET TO A 1/2 INCH ROD IN THE CENTERLINE OF STATE ROAD 401, A 100.00 FOOT RIGHT OF WAY AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 70080-2202, APPROVED 9-2-59; THENCE N 37 22'12" W, AS REFERENCE BEARING ALONG SAID CENTERLINE, FOR A DISTANCE OF 822.44 FEET TO A PK NAIL AND DISK STAMPED GDI LB 4802; THENCE S 52 37148" W, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 BEING THE POINT OF BEGINNING OF SAID 60.00 FOOT STRIP OF LAND; THENCE CONTINUE S 52 37148" W, FOR A DISTANCE OF 663.12 FEET TO POINT "A"; THENCE CONTINUE S 52 37'48" W, FOR A DISTANCE OF 91.41 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 24 19'59", FOR A DISTANCE OF 148.64 FEET TO POINT "B"; THENCE CONTINUE WESTERLY, ALONG THE ARC OF SAID CURVE THRUA CENTRAL ANGLE OF 13 33151", FOR A DISTANCE OF 82.86 FEET TO A POINT OF TANGENCY; THENCE N 89 28122" W, FOR A DISTANCE OF 730.66 FEET TO A POINT OF CURVATURE OF A CURVE -TO THE RIGHT HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 27 06126", FOR A DISTANCE OF 165.59 FEET TO A POINT OF TANGENCY; THENCE N 62 21156" W, FOR A DISTANCE OF 77.99 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 61 31102", FOR A DISTANCE OF 1127.37 FEET TO A POINT OF TANGENCY; THENCE N 00 50'54" W, FOR A DISTANCE OF 323.71 FEET TO THE POINT OF TERMINATION OF SAID 60.00 FOOT STRIP OF LAND. SAID 60.00 FOOT STRIP OF LAND BEING BOUND ON THE EAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 AND ON THE NORTH BY A LINE PASSING THRU THE POINT OF TERMINATION HAVING BEARING AT N 89 27'20" W. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED STRIP; ON THE NORTHEAST BY TETE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND ON THE SOUTH BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET, CONCAVE TO THE SOUTH, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE SOUTHEASTERLY LINE OF SAID 60.00 FOOT STRIP OF LAND. FIRST EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1410 AT PAGE 96 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE ABOVE DESCRIBED POINT "A"; THENCE S 52 37'48" W, FOR A DISTANCE OF 60.00 FEET; THENCE S 37 22'12" E, FOR A DISTANCE OF 30.00 FEET; THENCE N 52 37148" E, FOR A DISTANCE OF 60.00 FEET; THENCE N 37 22'12" W, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SECOND EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2497 AT PAGE 2391 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE ABOVE DESCRIBED POINT "B"; THENCE S 13 02'13" E, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 380.00 FEET, SAID POINT BEARS S 13 02'13" E FROM THE RADIUS POINT OF SAID CURVE; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 00 25'53", FOR A DISTANCE OF 2.86 FEET; THENCE N 52 37'48" E, FOR A DISTANCE OF 2.60 FEET; THENCE S 37 22'12" E, FOR A DISTANCE OD 1.19 FEET TO THE POINT OF BEGINNING. THIRD EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 782 AT PAGE 150 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF TERMINATION OF THE ABOVE DESCRIBED 60.00 FOOT STRIP OF LAND; THENCE N 89 27120" W, ALONG THE NORTH LINE OF SAID 60.00 FOOT STRIP OF LAND, FOR A DISTANCE OF 10.18 FEET TO THE POINT OF BEGINNING; THENCE S 31 38'24" E, FOR A DISTANCE OF 4.99 FEET; THENCE S 58 21'36" W, FOR A DISTANCE OF 26.05 FEET; THENCE N 00 50'54" W, FOR A DISTANCE OF 18.10 FEET; THENCE S 89 27'20" E, FOR A DISTANCE OF 19.83 FEET TO THE POINT OF BEGINNING. OFF. REC. PAGE 3057 041{8 Meeting Type: Regular Meeting Date: 05-20-97 AGENDA Heading Discussion Item 11 Na. => Brown Circle AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SHUFORD DEVELOPMENT'S REQUEST TO DEED ROADWAYS TO THE CITY DEPT. /DIVISION: LEGISLATIVE Requested Action: That the City Council evaluate the street dedication request made by Shuford Development, Inc. and formulate a response. Summary Explanation & Background: The request is for the City to take ownership of the following roadways: =:> Imperial Blvd. => Brown Circle =:> Commerce Street The City has a policy of not accepting any roadway that does not meet City specifications. Recent examples are Cheri Down Lane and the entrance portion of Ocean Woods Blvd. Thereff6re, unless these roadways are repaired to City specifications, I would recommend disapproval of this request. Exhibits Attached: Shuford Development's letter of 04-17-97; P&Z's minutes of 09-27-95; Building Department's memos of 12- 18-96 and 01-06-97• Aedile Contractors' letter of 12-31-97 City Manager's Office Department LEGISLATIVE &:W-linlcanci \MWA ng'A5-21Y97\slwfo d.d. Shuford Development, Inc. Post Office Box 2228 Hickory, North Carolina 28603 Via Fed Ex April 17, 1997 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl. 32920 Dear Mr. Boucher: (704) 328-4157 Fax (704) 322-6501 Congratulations to you and the City of Cape Canaveral on the recent purchase of land from Cevesco, Inc. As a long time taxpayer and corporate citizen of Cape Canaveral, Cevesco and its parent, Shuford Development, Inc. are pleased to see the land put to such a worthy long term use. We have several issues unrelated to this land transaction that urgently need to be addressed. As you are aware, Cevesco, Inc. still owns a number of roads which it build many years ago when it and various other related entities were actively developing Cape Canaveral. Specifically, Cevesco still owns Imperial Boulevard, Brown Circle, Commerce Street from Central Boulevard to Imperial Boulevard, and Commerce Street from AIA to Central Boulevard. With the exception of the last road mentioned, Cevesco has not owned adjoining property in many years. Despite this fact, these roads have continued to be a source of property tax revenue for your city. We feel that the time has come for the City of Cape Canaveral to take over ownership of these roads. The first three roads mentioned appear to be in reasonably good shape and are not heavily travelled. The fourth road mentioned, Commerce Street from AIA to Central Boulevard appears to be a problem. Like the others, it was in reasonably good shape until traffic in and out of the Post Office began to accelerate the normal deterioration of the road. Shuford Development Co. received a letter (attached) dated December 18, 1996 (the letter should have been addressed to Cevesco, Inc. P.O. Box 2228, Hickory, NC 28603) notifying that we were in violation of a City ordinances relative to your responsibility to maintain this road. With the help of Mr. Art Berger, Vice President of Aedile Contractors, Inc. we have reluctantly made temporary repairs. Cevesco, Inc. believes that the easiest and most equitable solution to the problem with this C:\CEVESCO\ROAD97l . W PD section of Commerce Street is for Cevesco to deed the property, as is, to the City. We believe that the Post Office, for whatever reason, but presumably at the direction of your office, has been granted, or taken an easement onto Commerce Street. Cevesco, Inc., as owner of this road, is the only entity that can grant this easement. We never granted such easement. I have attached a copy of the closing documents, including the Warranty Deed, for Cevesco's sale dated August 24, 1995 to William J. Kuczek, et. al. of the property on which the Post Office was built. Cevesco, Inc. is not in a position to, and has no intention of, making substantial improvements to this road. The various Shuford companies have been excellent citizen of Cape Canaveral for many years. We do not feel that this request is out of line. A second issue that needs to be addressed is the completion of the paving of Tower Boulevard and Central Boulevard. On April 19, 1990, the City Manager wrote to Cevesco, Inc. stating that upon conveyance of approximately 8.6 acres of land from Cevesco, Inc. to the City, the City would pave these roads. The transfer took place and the deed was recorded, and to date the City has paved only back to the water treatment plant. While we knew that deeding this land would serve the City's needs, it was also done with the idea that it would make our land to the west of the Radisson more accessible (read saleable). This has not happened and consequently, the probability of reducing Cevesco's holding period on the remaining approximately 70 acres of land was not decreased, which was our goal. I have included copies of correspondence between our Company, our attorney, our engineers, and the City of Cape Canaveral for your review. I remind you that our correspondence with the City of Cape Canaveral has gone largely unanswered. Presumably, with the construction of the new Park, you will have an additional incentive to pave the rest of the road. We would like to know as soon as possible when the City intends to honor its part of this agreement made seven (7) years ago. Up until now, Cevesco, Inc. has been patient to the point of our own financial detriment. We continue to be selective about who we sell to. As a result, the development of the land we have sold in the past few years has enhanced your tax base and resulted in what appears to be the best looking part of the City. It is time is for the City of Cape Canaveral to do what is right. The easiest telephone number to reach me is 704.328.2141 ext. 8500. I look forward to your prompt response to my requests. Sincerely, C. Hunt Shuford, Jr. President Shuford Development, Inc., Shuford Development Company, Cevesco, Inc., and Canaveral Beach Garden Apartments, Inc. C:\CEVESCO\ROAD971.WPD cc: Mr. George H. Firkins, Jr., Agent to Cevesco, Inc. Mr. John M. Starling, Severs, Stadler & Harris, P.A. Mr. John Porter, Mayor, City of Cape Canaveral Mr. Rocky Randals, Vice -Mayor, City of Cape Canaveral Attachments C:\C E V ESC O\ROAD971. W PD CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 27, 1995 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 27, 1995 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Ms. McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Robert Hoog Donald Bergen 1st Alternate John Fredrickson 2nd Alternate MEMBERS ABSENT Catherine Barnes Chairman Lamar Russell OTHERS PRESENT Rocky Randels Mayor Pro -Tem Sandra Sims Acting City Manager James Morgan Building Official Todd Peetz Brevard County Planner Anthony Gargenese Acting City Attorney Susan Stills Secretary 1 • - Approval of Minutes: Motion by Mr. Fredrickson, seconded by Mr. Hoog to approve the meeting minutes of September 13, 1995 as presented. Motion carried unanimously. NEW BUSINESS 1. 24 South Range 37 East a Portion of Parcel ,750 J(Located along wA1A Southeast Corner of Central Boulevard &Commerce Street - Applicant is John Allen, Allen Engineering for William J Kuczek Owner. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 27, 1995 PAGE 2 Mr. Allen advised that the city engineer had recommended approval. Mr. Morgan advised that City staff had no comments. The Board members reviewed the site plan. Discussion was held regarding the building architecture; ingress and egress; stormwater retention and drainage; green area; sidewalk requirements; pedestrian traffic; walkways; compliance with F.D.O.T; and maintenance of Commerce Street (an undedicated roadway). Motion by Mr. Hoog, seconded by Mr. Bergen to approve the Cape Canaveral Post Office Site Plan with the following contingencies: 1. Must comply with Section 110-493 regarding curb cuts. 2. Must comply with F.D.O.T. requirements. 3. Extend and connect sidewalks along Commerce Street to entrance of building. Motion carried with members voting as follows: Mr. Bergen, for; Mr. Fredrickson, for; Mr. Hoog, for; and Ms. McNeely, for. 2. Election of Chairman and Vice Chairman. Motion by Ms. McNeely, seconded by Mr. Hoog to postpone this agenda item until the next scheduled meeting due to the fact that all Board members were not present at this meeting. Motion carried with members voting as follows: Mr. Bergen, for; Mr. Fredrickson, for; Mr. Hoog, for; Ms. McNeely, for. There being no further business, the meeting was adjourned at 8:30 P.M Approved this `-h day of _ l7t'� ° 1995. Cat Brine Barnes, Chairman =ecretary� Susan L. Chapman CITY OF CAPE CANAVERAL City of Cape Canaveral NOTICE OF ORDINANCE/CODE VIOLATION CORRECTIVE ACTION TAKEN TIME FOR COMPLIANCE SHUFORD DEVELOPMENT CO. 211 CAROLINE ST. CAPE CANAVERAL, FL 32920 18 DEC 96 According to our records you are the owners of the following described roadway: Section 15, Township 24 South, Range 37 East, Plat Book 782, Page 143, (Commerce Drive), Brevard County, Florida. The roadway is in violation of the City of Cape Canaveral Code of Ordinances, Chapter 34 Environment, Section 34-97 Duties and Responsibilities for Maintenance (3), in that Commerce Drive has numerous pot holes throughout the piece running from SR AIA to west Central Blvd. The violations can be corrected by performing the following: Repair the roadway, fill all pot holes, or If corrective action is taken within 15 days receipt of this notice then no further action will be taken. If corrective action is not taken within 15 days receipt of this notice, then this case will be heard by the Code Enforcement Board at their next scheduled meeting. The City has received numerous phone complaints and several in person complaints, in reference to the condition of the roadway. If you have any questions concerning this matter, please contact the Building Department at 868-1222. incereliy,� Greg Mullins Code Enforcement Officer 105 POLK AVENUE • POST OFFICE BOX 328 • CAPE CANAVERAL. it 32920 0326 TELEPHONE 14071 8881200 0 FAX 14071 799-3170 AEDILE CONTRACTORS _.WMWM tnC:- December 31, 1996 City of Cape Canaveral 113 Polk Ave. Cape Canaveral, 32920 RE: Easement Section 15, Dear Greg: GENERAL CONTRACTORS Design/Build A/1'r pt We are in possession of your letter dated December 18th, 1996 to Shuford Mills Development Company. Please let me remind you: 1. That this is an easement not a roadway 2. The City, in making the post office (as well as other properties) use this private easement has created and caused this pot hole problem. Therefore, we feel it is the City's responsibility to take on the financial burden of the repair work. 3. I requested a conference with the City concerning dedicating this easement and solving this problem. Instead you elected to take this action. I would think it would be in your best interest to work out a compromise. 4. We are aware that the City has set a precedent by fixing and maintaining the easement in the past. If you have any questions or concerns, please don't hesitate to call. Sincerely yours, AEDILE CONr0jArthur W 8660 Astronaut Boulevard, Suite #1 • Cape Canaveral, FL 32920 • (407) 868-6700 • Fax: (407) 868-1008 CITY OF CAPE CANAVERAL Mr. Arthur W. Berger Aedile Contractors, Inc. 8660 Astronaut Blvd. Suite # 1 Cape Canaveral, FL. 32920 RE: Commerce Street / Repairs Dear Mr. Berger: City of Cape Canaveral January 6, `1997 Your correspondence of December 31, 1996, has been forwarded to my attention for evaluation and final determination. Commerce Street is a private street by definition (see attached) The City of Cape Canaveral is prohibited by State Statute from expending tax moneys for private interests. The City of Cape Canaveral has not, in the past, made repairs, other than an open cut for the installation of utilities, by the city, with authorization of the property owners. City Ordinances require that private property owners maintain said property in an acceptable condition, Commerce Street is not being maintained in such condition, therefore, Code Enforcement action is appropriate and will continue. If further information or explanation is necessary you may contact this office at (407) 868-1222 duringnormal working hours. Your:j,�uly G.9-1GIoran, CBO Building Official cc: Bennett Boucher, City Manager Greg Mullins, Code Enforcement Officer Shuford Development Co. file 105 POLK AVENUE • POST OFFICE 80X 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX 14071 79a.'ii�n