Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 05-06-1997
Meeting Type: Regular Meeting Date: 05-06-97 AGENDA Heading Ordinances - 2nd This ordinance would, require the placement of utilities underground for all new Fonstruction. P&Z Reading Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVtRAL SUBJECT: ORDINANCE NO. 06-97, UNDERGROUND UTILITIES REQUIRED DEPT./DIVISION: PLANNING & ZONING Requested Action: That the City Council consider approval of Ordinance No. 06-97 at second reading. Summary Explanation & Background: This ordinance would, require the placement of utilities underground for all new Fonstruction. P&Z recommended this ordinance at their 03/26/97 meeting. I recommend approval. Exhibits Attached: Ordinance No. 06-97; Building Official's memo dated 04/07/97 City Manager's Office Department PLANNING & ZONING g:\admin\oamcit\m ting`05-0697\0697.dm The Orlando Sentinel Via Facsimile: 407-420-5011 P. O. Box 2833 Orlando, FL 32802 Attention: Legal Advertising City of Cape Canaveral Please publish the following legal advertisements one time on Friday, April 25 1997, in the legal advertising section of the Orlando Sentinel, Brevard Edition and provide an affidavit of proof of publication to my attention at the above address. If you have questions regarding these items, please contact my office at 868-1221. Thank you. Sincerely, Sandra Rozar Sims, CMC City Clerk ss 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 • FAX (407) 799-3170 ORDINANCE NO. 07-97 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; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Subsection (a) of Section 22-28, Composition; Qualifications, of the Code of Ordinances is hereby amended by deleting it in its entirety and adopting the following in lieu thereof: Sec. 22-28. Composition; Qualifications. (a) The commercial development board shall consist of five (5) regular members and two (2) alternate members. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. The Orlando Sentinel. Published D& 32 6tate of Poriba S.S. COUNTY OF ORANGE Before the lMligCed MfL personally appeared L , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at COCOA in RR F V AR D County, Florida; that the attached Copy of advertisement, j being inthematterof ORD O 0L—q7 & qt_ inthe_BRFVAR ? Court, was published in said newspaper in the issue; of 04,125197 Affiant further says that the said Orlando Sentinel is a newspaper published at (_OA _ , in said R R C li A R 1 County, Florida, and that the said newspaper has heretofore been continuously published in said rIPPUPARD County, Florida, each Week ay and has been entered as second-class mail matter at the post office in COCOA in said RRFVARD County, Florida, for a period of one year next preced' g 4 e first publication of the attached copy of advertisement; and affiaffrhays that he/ has neither paid nor promised any person, firoration an discount, r e, commission or refund for the psecuring th s adve i m or publication in the said newspape 2�� The fore oinQQ instrument warcknow pefor tt�s da of g APRIL , 19—, y/ by L r I� LtK y iii? is' Persbttatty-knrnnrnte lie aid •wh di' t ke an lh{, 1 L� art , '' SEA SUSAN K. wEN1ZELL v, rN(7rn;;V\ My Comm Ewp. 11/23/97 r'L'nl•Ic /� Bonded fly Service Ins of No. CC332 326 i I'1170110y Knorn t 10"VI I. Ik NOTICE OF PUBLIC HEARING The City Council of the City of Cape •,Canaveral, Florida will " hold � Public Hearingg for the purpose of enacting (7rdinance NNos. 08-07 and 07-97, at the City Hall Annex, 111 Polk Ave- nue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, May 8, 1997. Each ordinance in its en- tireicety may be inspected at the offof the City Clerk Buring regular working hours (8:30 a.m. to 5:00 p.m., Monday-Frl•. day)6RDINANCE NO. 08-97 AN ORDINANCE OF THE CITY OF CAPE CANAVER- AL, BREVARD COUNTY, FLORIDA, AMENDING CHIPTER 110, ZONING, ARTICLE IX SUPPLEMEN- TARY DISTRICT REGULA- TIONS, BY THE ADDITION OF A NEW SECTION 110 - FOR NO. RE. BER THE iEG- AND IATE )ING )RO- . RDI- LICT lXID- ;,- DATE °0 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 con- sidered at thismeeting will need to ensure that a verbatim record of the proceedinis made, which record Includegs s the testi- mony and eviddnce upon which the appeal is t0 be based. Sandra Rozar Sims, CMC City Clerk BRE1482243 APRIL 25.1997 The Orlando Sentinel. Published D& 32 6tate of Poriba S.S. COUNTY OF ORANGE Before the lMligCed MfL personally appeared L , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at COCOA in RR F V AR D County, Florida; that the attached Copy of advertisement, j being inthematterof ORD O 0L—q7 & qt_ inthe_BRFVAR ? Court, was published in said newspaper in the issue; of 04,125197 Affiant further says that the said Orlando Sentinel is a newspaper published at (_OA _ , in said R R C li A R 1 County, Florida, and that the said newspaper has heretofore been continuously published in said rIPPUPARD County, Florida, each Week ay and has been entered as second-class mail matter at the post office in COCOA in said RRFVARD County, Florida, for a period of one year next preced' g 4 e first publication of the attached copy of advertisement; and affiaffrhays that he/ has neither paid nor promised any person, firoration an discount, r e, commission or refund for the psecuring th s adve i m or publication in the said newspape 2�� The fore oinQQ instrument warcknow pefor tt�s da of g APRIL , 19—, y/ by L r I� LtK y iii? is' Persbttatty-knrnnrnte lie aid •wh di' t ke an lh{, 1 L� art , '' SEA SUSAN K. wEN1ZELL v, rN(7rn;;V\ My Comm Ewp. 11/23/97 r'L'nl•Ic /� Bonded fly Service Ins of No. CC332 326 i I'1170110y Knorn t 10"VI I. Ik NOTICE OF PUBLIC HEARING The City Council of the City of Cape •,Canaveral, Florida will " hold � Public Hearingg for the purpose of enacting (7rdinance NNos. 08-07 and 07-97, at the City Hall Annex, 111 Polk Ave- nue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, May 8, 1997. Each ordinance in its en- tireicety may be inspected at the offof the City Clerk Buring regular working hours (8:30 a.m. to 5:00 p.m., Monday-Frl•. day)6RDINANCE NO. 08-97 AN ORDINANCE OF THE CITY OF CAPE CANAVER- AL, BREVARD COUNTY, FLORIDA, AMENDING CHIPTER 110, ZONING, ARTICLE IX SUPPLEMEN- TARY DISTRICT REGULA- TIONS, BY THE ADDITION OF A NEW SECTION 110 - FOR NO. RE. BER THE iEG- AND IATE )ING )RO- . RDI- LICT lXID- ;,- DATE °0 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 con- sidered at thismeeting will need to ensure that a verbatim record of the proceedinis made, which record Includegs s the testi- mony and eviddnce upon which the appeal is t0 be based. Sandra Rozar Sims, CMC City Clerk BRE1482243 APRIL 25.1997 Meeting Type: Regular Meeting Date: 05-06-97 AGENDA Heading Discussion Item 9 No. Funding for this project would have to be from General Fund Reserves if the bridge were to be installed in a AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVPRAL SUBJECT: SR AlA CANAL BRIDGE DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: That the City Council determine whether or not to approve and appropriate funding for this project for this fiscal year. Summary Explanation & Background: As of this date, staff is waiting for SSA to provide an estimate to install said bridge per the attached memo from the public works director. Funding for this project would have to be from General Fund Reserves if the bridge were to be installed in a timely manner. Pleasc-advise. Exhibits Attached: Public Works Director letter of 04-25-97 City Manager's Office Department STREETS/PUBLIC WORKS n;n�owmci��moCtiogb5-0&97\ ndpAoc V City of Cape Canaveral CITY OF CAPE CANAVERAL it 25 , 19 91 John A. Pekar-, PF, Vice President L3,tottler Stc..irlrwr & Associates P.O. Box 1630 Cape Canaveral, FL. 32.920 R F, : Cape Ccinaveral Canal/AIA Bridge project_trail S -'-)A Fee Proposal Dear Mr. Pekrar: Re t1.ri?st. a total project cost est_im,:it:e. to install -a bridge on 1 --he East sial;; of AIA, crossing the canal . Pro-Ject_ cost-, shall. include I)t1t not IL'ill ited to the fol low-ing iteals : Engineering services Inspect: ion services (FDOT & or Engineer) Survey, field measurement and verification Soil sample/testing Permit fees Traffic control Abutment design Cori s truct ion of abutment wil-Ai anchor bolts Bridge installation Crane service Over -head electrical. line p.i_--(A-.ection Light weight concrete briclEe floor Dridge Cost $23,948 at-tachecl P_I_eclsE! bc= advised that this 1 -tern is schedule(j for C.IJ--y Couf1cil rind discussion on M,.iy 6, 1997. Prc).ieol- Rinds= may be cj_--proved by Counc-il on thts dit.. .A if 0 It J_-; Im.perc-Itive tc) have this informc-it_ion available for the Council packets on or before the Ist of May. Sincere] y, Ed Gardul ski PLIbliC Works Director (2c: Ilennett C. Boucher, City Muncie r• File 105 POLK AVENUE * POST OFFICE BOX 326 * CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 * FAX 1407) 799-3170 Meeting Type: Regular Meeting Date: 05-06-97 AGENDA Heng Discussion Item 10 No. Department LEGISLATIVE AGENDA REPORT CITY COUNCEL OF THE CITY OF CAPE CANAVERAL SUBJECT: AGENDA TOPICS FOR JOINT MEETING WITH THE CITY OF COCOA BEACH DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council recommend agenda topics for our joint meeting with the City of Cocoa Beach. Summary Explanation & Background: Please advise. I Exhibits Attached: City Manager's Office Department LEGISLATIVE . ...22 g:�rdmin�camcil\mxling�05-06 j�SiCg.doc Meeting Type: Regular Meeting Date: 05-06-97 AGENDA Heading Discussion Item 11 No. => 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 specificatioAs. Recent examples are Cheri Down Lane and the entrance portion of Ocean Woods Blvd. Therefore, 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 City Mang ' Office - Department LEGISLATIVE ` g:�adm mmcit\m ting105-0& ord.doc ����� M. � a .... Shuford Development, Inc. Post Office Box 1228 l ickor., North CarOilna 28603 (704i 328-4157 Fax (704) 322-6501 Via Fed Ex April 17, 1997 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, F1. 32920 Dear Mr. Boucher: 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 A 1 A 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:',,CEVESC0\ROAD971. W P D 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:\CEVESCO\ROAD97 L W PD Meeting Type: Regular Meeting Date: 054)697 AGENDA Heading Discussion Item 12 No. connect to our system. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVF,.RAL SUBJECT: PORT CANAVERAL'S REQUEST FOR REUSE WATER DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council evaluate the reuse water request from the Canaveral Port Authority and formulate a reply. Summary Explanation & Background: The Canaveral Port Authority is requesting a 20 -year agreement for the City to provide them with 100,000 GPD. Staff would only consider this type of request if the City of Cocoa Beach is willing to reduce its allocation to 650,000 GPD and that the Port Authority pays for the reuse water and constructs the reuse mains that would connect to our system. The City has given its residents and businesses top priority for reuse water connections and, at this time, it is too early to predict what the demand will be. There are also other unresolved issues with the Port Authority such as the lease of land to the City in the northeast part of town, sewer impact fees and other issues related to the close-out of the sewer franchise agreement. Please advise. Exhibits Attached: Canaveral Port Authority's letter of 04-14-97 City Mana er" Office - , Department LEGISLATIVE g-:�n�a�c�as-obvnpnK�.aa O SM PORT AUTHORITY 14 April 1997 Mayor John Porter City of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32926 Subj: Port Entrance Interchange/Landscaping/Irrigation Dear Mayor Porter: RALPH J. KENNEDY Chairman DONALD N. MOLITOR Vice -Chairman RAYMOND P. SHARKEY Secretary -Treasurer RODNEY S. KETCHAM Commissioner JOE D. MATHENY Commissioner CHARLES M. ROWLAND Executive Director The plans for the Port Entrance Interchange and Improvements to George King Boulevard are nearing completion and we are beginning design of the landscape element. Additionally, we are well along in our planning of the Jetty Park improvements. The quality and appearance of the landscaping of both of these projects will vary depending on the quality of water for irrigation. Both projects will serve to beautify both the Port and City of Cape Canaveral and by necessity and option will be heavily traveled and utilized by the citizens of the City of Cape Canaveral. We have ascertained that to maintain the landscaping approximately 30,000 gallons per day will be required for Jetty Park and 60,000 gallons per day for the Intersection/George King Boulevard irrigation. Our wastewater agreement with the City of Cocoa Beach states that they will provide reuse water in quantities equal to our sewage flow of approximately 100,000 gallons per day. Since the City of Cape Canaveral now sends approximately 750,000 gpd of reuse water to the City of Cocoa Beach and since the City of Cape Canaveral reuse lines are in proximity to the Port boundary, it is logical from an economic, energy and water conservation standpoint to connect to these lines and take a quantity of reuse water equal to the Port's daily sewage flow from the allotment you now send to the City of Cocoa Beach. As you know, the City of Cocoa Beach has agreed to this and is willing to provide the port with 100,000 gpd which will meet our landscaping needs. This additional output allocation has the additional environmental advantage of reducing the amount of fresh water entering the Banana River lagoon system during the period that the City of Cape Canaveral is striving to connect its reuse customers. During this interim period, you could provide the City of Cocoa Beach the full 750,000 gpd and provide the port with 100,000 gpd, thus reducing the flow into the lagoon system. PORT CANAVERAL & FOREIGN TRADE ZONE 136 P.O. Box 267 • Caoe Canaveral, Florida 32920, USA • 407.783.7831 • Fax: 407.784.6223 • 1.888.PORTCAN E-mail: portcan@aol.com • http://www.portcanaveral.org Mayor John Porter 4/14/97 2 An alternative for the Port would be to obtain reuse directly from the City of Cocoa Beach which is wasteful from a right-of-way conservation, power usage and construction cost basis. The installation of the line from the Port to the Cocoa Beach reuse tank would duplicate and parallel the existing line from the Cape Canaveral plant to the reuse tank. This option is not economically viable and would be a glaring example of waste of public resources. Other alternatives available to the port would be to use a combination of shallow wells and retention bonds for irrigation in combination with vegetation which does not require much irrigation but will result in a much less aesthetically pleasing landscaping for the city and the port. Owing to the large investment in trees and landscaping as well as interior distribution lines, the port would want to be assured of a 20 year agreement for a minimum of 100,000 gpd with the city for the reuse water. In the spirit of cooperation, it is requested that you agenda this item for a decision by the City Council. I would like the opportunity at that meeting to present both the conceptual plan for the improvements to Jetty Park and the Interchange at George King Boulevard projects. Thank you for your cooperation in this matter. Sincerely, C� AUTHORITY lt,latp�)h Kennedy Chairman c: Mayor J. Morgan, City of Cocoa Beach Council Members: Leo Nicholas Buzz Petsos Arthur Berger Rocky Randels Meeting Type: Regular Meeting Date: 05-06-97 AGENDA Heading Discussion Item 13 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REVISION OF ZONING CODE FEES DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider amending the current zoning code application fee of $100 to $250. Summary Explanation & Background: This $100 fee has not been amended since 1983 and does not adequately cover costs per the building official's memo of 04-17-97. Please advise. i Exhibits Attached: Building official's memo of 04-17-97 City Manag s Office Department BUILDING/PUBLIC SAFETY . 717 7 VW.\�—(ing`45-0&97\..f..d. ' April 17, 1997 MEMORANDUM: TO: Bennett Boucher, City Manager FROM: G. J. Moran, Building Officia� 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 staff s 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. (PROPOSED REVISIONS) APPENDIX B SCHEDULE OF FEES* CHAPTER 110. Zoning (a) Application for rezoning ..................................................250.00 110-92 (b) Application for proposed amendment to chapter ............250.00 110-92 (c) Application for a special exception or variance ...............250.00 110-92 (d) Application for appeal of administrative decision ...........250.00 110-92 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 Magnolia Avenue Address: 2351 W. Eau Gallie Blvd , Ste. 6 City: Melbourne State: FL City: Melbourne State: FL Zip Code:- 32924 Phone:(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: 24S Range: 37E Block: Lo-i= o _ Su division: Total Acreage: 0 , 4 + — Overall Dimensions: +/ X 1 Location and Distance from Nearest Public Road(s): Tex-at-p(i at Nnrfi C, e r, ron or , 1 zyullcLu hltrilti115 __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. X Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other Um themselves to act on their behalf as the applicant. Signature of Staff member discussing proposed action with the Appli The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: STATE OF Florida COUNTY OF Brevard .l,_ Noel Droor, Droor & Ass. being first duty sworn, depose and say that: I 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 pt iperty owners of the subject property unless the applicant is the Attorney for a owner ALL THE ANSWERS TO THE QUESTIONS M THIS APPLICATIgN. ALL S CHES AN DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO THE BE$T OF OWLEDG . SWORN AND SUBSCRIBED TO BEFORE ME THIS D OF r 19 MY : NOTARY BEAL P 2A �9li SUSAN L CHAPMAN * �7i COMMISSION NUMBER ' Q CC362601 �� MY COMMISSION EXP. OF FSO MAR. 23 1997 �,;_t :th �o << L 1 � 3 1 ' 9 3 5 * 2, 5 0 0. 0 0 C-R:_,• - 7B Lc 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 Magnolia Avenue Address: 2351 W. Eau Gallie Blvd , Ste. 6 City: Melbourne State: FL City: Melbourne State: FL Zip Code:- 32924 Phone:(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: 24S Range: 37E Block: Lo-i= o _ Su division: Total Acreage: 0 , 4 + — Overall Dimensions: +/ X 1 Location and Distance from Nearest Public Road(s): Tex-at-p(i at Nnrfi C, e r, ron or , 1 zyullcLu hltrilti115 __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. X Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other Um themselves to act on their behalf as the applicant. Signature of Staff member discussing proposed action with the Appli The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: STATE OF Florida COUNTY OF Brevard .l,_ Noel Droor, Droor & Ass. being first duty sworn, depose and say that: I 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 pt iperty owners of the subject property unless the applicant is the Attorney for a owner ALL THE ANSWERS TO THE QUESTIONS M THIS APPLICATIgN. ALL S CHES AN DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO THE BE$T OF OWLEDG . SWORN AND SUBSCRIBED TO BEFORE ME THIS D OF r 19 MY : NOTARY BEAL P 2A �9li SUSAN L CHAPMAN * �7i COMMISSION NUMBER ' Q CC362601 �� MY COMMISSION EXP. OF FSO MAR. 23 1997 �,;_t :th �o << L 1 � 3 1 ' 9 3 5 * 2, 5 0 0. 0 0 C-R:_,• - 7B Lc 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 Sin Cash or Check (No.`iI679 )drawn to the order of The City of Cape Canaveral. Receipt No. A1* Form A attached (if applicable Signature for City Clerks Office Date: Zoning & Comp. Plan Ve ified Sign Issued LPA Meeting Date: 3 rid Time: -7', 30 FP) Location:_6A C4 CC Meeting Date: Time: Location: Authorization To Act As Applicant Planning & Zoning / Board Of Adjustment / Local Planning Agency L Troy J. Harville VP/GM Time Warner CabWthorize Noel Droor 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 zn' (signature) 11 d n ei Z��Cee a -n e X" this �6 �� day ofllt4t 199 �. Z�Z4 Notary Publfc C, / My Commission Expires: APPLCAW.SAM — t 61ain / Form of ideritification SUSAN R. SAMpSON u U Corm ['� 12A6/07 &ndd 6y SenMca k, xNo. CC3W709 hl'°' "'°" :lolota GEAY, HARgIS & ROBINSON J. CHARLES GRAY GORDON H. HARRIS RICHARD M. ROBINSON PHILLIP R.FINCH PAMELA O. PRICE JAMES F. PAGE, JR. WILLIAM A. BOYLES THOMAS A. CLOUD BYRD F. MARSHALL, JR. J. MASON WILLIAMS, III LEO P. ROCK, JR. G. ROBERTSON OILG 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, I$ Mr. G. J. Moran, CBO Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 PROFESSIONAL ASSOCIATION R. LEE SENNETT ATTORNEYS AT LAW TRACY A. BORGERT SUITE 138 JOHN A. KIRST, JR. WILBUR E. BREWTON 1800 WEST HIBISCUS BOULEVARD KENNETH J. PLANTE POST OFFICE BOX 1870 MICHAEL E. WRIGHT WILLIAM A. GRIMM MELBOUiVE, FL 32902-1870 KENT L. HIPP TELEPHONE (407) 727-8I00 ROBERT L. BEALSDONALD FAX (407) 984.4122 H. GIBSON KIMBERLY NOWORYTA SUNNER CHRISTOPHER J. COLEMAN PEGGY R. HOYT p15T>:Iu I ICN M. HARRIS R. DEAN CANNON, JR. ,M a-vor FRANK A. HAMNER -itv Council RICHARD A. RODGERS ALISON M. YURKO �II`,/���• KELLY M. FITZGERALD KELLY BREWTON PLANTE -itv f1tty- LEE M. KILLINGER PUB. V�L)C<s DIr• J. SCOTT SIMS CATHERINE M. PECK Bukiing, (.;ti - Finance DII• MALCOLM R. KIRSCHENBAUM April')', 1997 SYDNEY L. JACKOWITZ THEODORE L. SHINKLE LILA INGATE MCHENRY Re: Comprehensive Plan Amendment Time Warner Cable Dear Mr. Moran: 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, /��- F, /�� Philip F. ohrr MELBOURNE ORLANDO TALLAHASSEE (407) 727-8100 (407) 843-8860 (904) 222-7717 Aa"DROOR & ASSOCIATES INC. 2351 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January 27, 1997 Project 495052 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 ruly Yo 5 oe r , E. President CC: ,Bob Sell, TWC 95052CBD.SAM Civil & Structural Engineering Inspections PE 37259 a � v § 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. (Code 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. (3) 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. (fl 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 CD 110:22 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 § 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 IV. 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 Supp. No. 3 CD110:23 'Cross reference—Alcoholic beverages, ch. 6. F.S. 1995 ! F.S. 1995 INTERGOVERNMFNTei panr_OAfuc I 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. History.—s. 9, Ch. 75-257; s. 1, ch. 77-174; s. 4, ch. 77-331; s. 7, ch. 83-308; 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 style 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 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 require 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 shall be the petitioner, the local government, and any intervenor. 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 Commission, respectively, issues a final order determin ing the adopted small scale development amendment is in compliance. 1240 F.S. 1998 d (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. 95-396. 'Note.—As amended by s. 5, ch. 95-396. This version is published here as the last expression of legislative will (see JOumal of the House of Representatives 1995, p. 1795, and Joumal of the Senate 1995, p. 728). Subparagraph (1)(c)1. was also amended by s. 3, ch. 95-322, and that version reads: sed endment ves a witth a density of 10 units per crelor elss, singu'larlytorlland use of in combination 0awithsor fewer. any other 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 feet o1 property granted a change within the prior 12 months- . The proposed amendment does not involve a text change to the goals, poli- cies, and cbfectives 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). F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163 (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,phy al 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 +.0 o. .... u.oa r.y.0 aui buu eau♦ 09/23/98 NON 17:01 FAI 1 307 422 8282 Prepared by and Return to, Donald J. Curotto, Esquire Wells, Allen, Lang C Morrison, P.A. 340 North orange Avenue Orlando, Florida 32801 ll.uh "ARI"h.k ALLUUN1iNG + MELBOURNE Q001 ALS[&C (Z004 "VZ Y", Cia:cSi�ullCouR Rax14�E qn4 ti';r15;d Brcn:d Oamry, FL 1'rwx i:rd LLIQRa.: Fe* 1 -lam 5alr;)-Mtg 7_��"."�iflax. SOMMChg___e,RrIWW --------------The Space Above is Raservad for Recording Information- SPECLAT- WARRAM DFrrn 047-3 THIS SPECIAL WARRANTY as of the DEED made ta(b(Xy 1st day of April , 1995, by TIME WARNER ENTERTAIiD HT C01�1PANy, L•P•, a Delaware limited partnership, whose business address is 300 First Stamford Placa, Stamford, Connecticut 06902 ("Grantor") to TIME 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.: 11-1790473 (Whenever used herein the terms "Grantor" and •Grantee" include all the parties to this instrument and the heirs, legal representatives 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, releas all es, conveys and confirms unto the Grantee, that certain land situate in Brevard County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE 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 simple; 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. bobtI Post -IC Fax Note7671 °a" Z� wGes► '•a To FOT Fu r Fan • nn to Sca2- ca ti CO W '01/22x497 WED 17:40 FAX 407 660 5551 09/23/96 MON 17:01 FAX 1 407 422 8262 TIME WARMER ACCOUNTING 44-+ RELBOURN'B Q002 A L M & C 1005 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 Print Sign: Print STATE OF �C COUNTY OF TIME WARRER ENTER° ATI'VIEENT COMPANY, L.P., By: AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION, its -General Partner Print: NpnrY•' (;arkPn Title: Vice- PrPsidPnt The foregoing instrument was acknowledged before me this Q_ day of Mn ra, , 1995, by Henry J. Gerken 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. Notary Public `? Print: My Commission Expires; I)WITRA SPYROPOULOS !votary Public My CommiWort Expires March 31, 1995 AOWDROOR & ASSOCIATES INC. 2351 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 without giving any consideration for the future use of the property. The existing building (V 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 95052WHTSAM Civil & Structural Engineering Inspections PE 37259 February 5, 1997 City of Cape Canaveral TO: Local Planning Agency Members FROM: G. J. Moran, CBO Building OfficialXy 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. 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. 3 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 I � . 476ns - P67 750 GL -3 -J 1I6L8711 ti 0 ESIfT IR S rS Ia3' OF RY 1 a OF SY l.a V OF S.R. 401T12 n M `�} B3J SSI E3. R0. R'Y a . 1 r S T/YLORAlfC7� 3 S I 9 1 r'ILL R 7 /O .1 2 ) atit 7 6 .-1 1 2 3 a a 6 a / 113' OF 3805' ■ 115' Of S 605' OF 311 1'a OF 4Y 1'a I- 6 4 A= ■ ESOOF S 153' OF 00 SL -2 '4 or fa 36 46 Q-3 37 , .— OF 7►. 1 4 01 ■Y- 1 i Y. OF RD. ■ SO' 1L 4 ' 11 r I I 4 4• 1 - 38 ■ 57.30' OF S 690' OF SW Il4j�d OF AY 3/l Y OF 20. 1 - i 9 SO 11 12 17 la S 1{ 9' !0 11 IS (1) 14 SS •. L4'0F 4. 44454. - +117vM4 ; �! F c• •u sr ,r ut 4 44. 47. �... �� ca rer43 i '' I WAN f �3 BAN N COY � TYLER ATI NSE Tt71olvN0(xSES • . a 0 RPNS 6-Z3IA, f� (36-891 PHP aY PH/ ,27 _ x 3 4 S { TI- 1 2 3 4 5 6 t CAPE CANAVERAL � � 41 42 &DIr,. CONDO 13.01-/3.Q4 10' ! a 69 10 11 12 la�2 9 1= 1 112 I 13,i j 13 0' ESMT E4fF• 6i3'a19 (� •- n4• '•4 suxn042 ■ 300' Of 3 455' OF >r 1 a b/• r •P(ILK �E tiSisJ-'�•s��s OF 4Y 1.4 W Of RD. n 1 2 3 45 6 7 47 9 So11 i2 13 Ls 15I a —GL 1 I ' 311 / J 4' ,c:.'s• 1 750 GL -3 -J 1I6L8711 ti 0 ESIfT IR S rS Ia3' OF RY 1 a OF SY l.a V OF S.R. 401T12 n M `�} B3J SSI E3. R0. R'Y a . 1 r S T/YLORAlfC7� 3 S I 9 1 r'ILL R .-1 OF S 453' OF Gl-2 ; a S 6 4 A= ■ ESOOF S 153' OF SIL ii 46 Q-3 S. 174' OF S. , .— OF 7►. 1 4 01 ■Y- 1 i Y. OF RD. • 9 30 11 r }Cr855 l-2 4 4• 1 - 38 is 1 a 4 Y OF S.a 40131 s n 1 2 3 45 6 7 47 9 So11 i2 13 Ls 15I a —GL 1 I ' 311 / J 4' ,c:.'s• 1 750 GL -3 -J 1I6L8711 ti 0 ESIfT IR S rS Ia3' OF RY 1 a OF SY l.a V OF S.R. 401T12 n M `�} B3J SSI E3. R0. R'Y a . 1 r S T/YLORAlfC7� 3 S I 9 1 r'ILL R .-1 2 ; a S 6 7 6 56 46 .9 30 I1 • 9 30 11 12 13 is is 16 s n 1 2 3 45 6 7 47 9 So11 i2 13 Ls 15I a —GL 1 I ' 311 / J 4' ,c:.'s• 1 750 GL -3 -J 1I6L8711 ti 0 ESIfT IR S rS Ia3' OF RY 1 a OF SY l.a V OF S.R. 401T12 n M `�} B3J SSI E3. R0. R'Y a . 1 r S T/YLORAlfC7� 3 S I 9 1 r'ILL R J R YON hrff,�U 5 S 7 I 1 Sa I i I ra 6 Sa 7 R 13 16 IO'_ETT 1039'177 I i . . 48'3! uc w.u• i 1 2 3 4 S 6 Tr -- 57 L Yti 9 10 SS l2 3 it 15 I 1 (967 >e11 _ I► I 1 : PIL••RC£ J67 �13r 1- 4 5 6 7 4 1 2 3 A 1 VEY r1L0 A /NDA 2 1 18 711+ ! j ii: ��UN/VE /TY j . 61 62 s FC = (9aa 2791 11b _ ,yc((96 11 t ( '- . Vb (985 17t /-/9851 Z7!' _ 15 .V. 9 Io a 9 1 11 12 1z 19 Sa :s f•EM1L% ... STREET faz3I J/ 275 ; S1uCNANAN V .c, pA A4. ` I R yEY noK /-/O n A PA PIC 1 PN 193' OF 275' Of R 1 4• S 6 8 1 1 3 4-jf (jf 873•`-50 653:550 66 Q 66 753 # = 1 .\ 1a.♦r• rj usI i � 911/ � .71 >1 4 l7 _ 1965 381) • 9 1:1 I 13 la 15 16 !i!Y It ti 12 13 la S5 k560.30' JF S 1786.80"o L I17 i r ',n .o 0 GL- OF ST. i :^ 9 :! T\ - b IL.1 g g LINCOLN 1853 �a361 :a :c' ;4 . I k ,• .1.• � L l 2 J a S 6 a 1 2 3 I� _ 633'542 Es. R Y , 70 1 J a 69 li /3_0I /AFv 23' RD. WAC. ■4011 401 I 1` _ . 9 10 1: 12 9 10 11 12 13 l4 15 1337 ILI 13.: K 7aatY OF S, 122130' of _ %0 V E4t- t52.1040; _ 4 ^{ i1 4 I sa JOHNSON AVON TEIi'RA CONDO. SEAS I: Lj LL't - _--'lfaylfx,If1 -W��� AR /s py O 64-6 • .li• {4]4/72• �•v i S1' • •0 !4'I �'i 4' ARI LII 11 �S,7�• 751 II - '-1 2 3 4 3 6 7 8 1 3 ra4F$ 7I (I ■ 326.25' OF 3 1226.50' OF GL -4 1,11 _ I II Uj OF ST. R0. Ea. C.ISO' 110.a 73 T -I 1 OF E 210 ■ I58'-ur-& I I I I 1 I 1057.27' aF E I I o IIh 210' OF SV e / .9 10 11 12 1 lc y 0�1 112 131 1� 5 W I 10'1E3MT 652:1 1, 10'u ESKT 106411007 _ = 1'4 Y OF 3T.= - I ' • 1• 1•s• T 77 I #� Zed— c,.. t:0o0r eooF 60 a ee• .41 0 1 �'. iS�_� BA- soo' )lya w •.. I I I I I 1 �i/ sl/11 .A .yr• =1 2 3 4 6 j 4 1 2 3 6 78 6 7 1 t .65 AC. 0. ¢a AC. 77 r 1 s _1• 17 04'a4.1 \\ R I R6 \1T�A '�' 0115; tx .9 SO 11 12 1� 1.�1 I I 1 d 1 o�.ESN�— #7 866 3t /t9 Z #/0 ■ N// i A CAPE S OIRES ,' --$A- S6A- S 6 7 8 56 .9 30 I1 12 13 14 SS 16 - s 1 2 3 4 S 6 Tr -- 57 L Yti 9 10 SS l2 3 it 15 I 1 (967 >e11 _ I► I 1 : PIL••RC£ J67 �13r 1- 4 5 6 7 4 1 2 3 A 1 VEY r1L0 A /NDA 2 1 18 711+ ! j ii: ��UN/VE /TY j . 61 62 s FC = (9aa 2791 11b _ ,yc((96 11 t ( '- . Vb (985 17t /-/9851 Z7!' _ 15 .V. 9 Io a 9 1 11 12 1z 19 Sa :s f•EM1L% ... STREET faz3I J/ 275 ; S1uCNANAN V .c, pA A4. ` I R yEY noK /-/O n A PA PIC 1 PN 193' OF 275' Of R 1 4• S 6 8 1 1 3 4-jf (jf 873•`-50 653:550 66 Q 66 753 # = 1 .\ 1a.♦r• rj usI i � 911/ � .71 >1 4 l7 _ 1965 381) • 9 1:1 I 13 la 15 16 !i!Y It ti 12 13 la S5 k560.30' JF S 1786.80"o L I17 i r ',n .o 0 GL- OF ST. i :^ 9 :! T\ - b IL.1 g g LINCOLN 1853 �a361 :a :c' ;4 . I k ,• .1.• � L l 2 J a S 6 a 1 2 3 I� _ 633'542 Es. R Y , 70 1 J a 69 li /3_0I /AFv 23' RD. WAC. ■4011 401 I 1` _ . 9 10 1: 12 9 10 11 12 13 l4 15 1337 ILI 13.: K 7aatY OF S, 122130' of _ %0 V E4t- t52.1040; _ 4 ^{ i1 4 I sa JOHNSON AVON TEIi'RA CONDO. SEAS I: Lj LL't - _--'lfaylfx,If1 -W��� AR /s py O 64-6 • .li• {4]4/72• �•v i S1' • •0 !4'I �'i 4' ARI LII 11 �S,7�• 751 II - '-1 2 3 4 3 6 7 8 1 3 ra4F$ 7I (I ■ 326.25' OF 3 1226.50' OF GL -4 1,11 _ I II Uj OF ST. R0. Ea. C.ISO' 110.a 73 T -I 1 OF E 210 ■ I58'-ur-& I I I I 1 I 1057.27' aF E I I o IIh 210' OF SV e / .9 10 11 12 1 lc y 0�1 112 131 1� 5 W I 10'1E3MT 652:1 1, 10'u ESKT 106411007 _ = 1'4 Y OF 3T.= - I ' • 1• 1•s• T 77 I #� Zed— c,.. t:0o0r eooF 60 a ee• .41 0 1 �'. iS�_� BA- soo' )lya w •.. I I I I I 1 �i/ sl/11 .A .yr• =1 2 3 4 6 j 4 1 2 3 6 78 6 7 1 t .65 AC. 0. ¢a AC. 77 r 1 s _1• 17 04'a4.1 \\ R I R6 \1T�A '�' 0115; tx .9 SO 11 12 1� 1.�1 I I 1 d 1 o�.ESN�— #7 866 3t /t9 Z #/0 ■ N// i A CAPE S OIRES ,' --$A- S6A- Ms. Melissa Annitto 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 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 ityc I-I\citycI k\legal ads\comppl an\twc- 1pa-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 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:\c itycl-1\c ityc Ik\1egaladz\camppl an\t-c- Ipa.dcc �A --�!rUNA.TION OF AEERE'AATIONS W FK C� O�+ City of Cape Canaveral March 3, 1997 CITY OF CAPE CANAVERAL >> Dear Property Owner: �d f 9wj The Local PlanningAgency 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 80X 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX (407) 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 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 „b PARCEL Q ASPHALT NAIL & DISK S. 8 8* 5 5'2 7” E. 150.00'(DEED) BRIEC eti S. 8 8* 4 4'4 2" E. 103.00'(M) I" PIPE 6' C"N.LINK FENCE NO CAP P. 0. C. P.O. • X_ X 40.00' WP Q–S.88 GUY RISER CONC. SK S I X1 Wp I �uy Ljj Ix C14 : b z Ln O , C) U) II LUL, 00 CD 0 �Wp 60.7' C ONC. 4.2'.5' 'C; _j 1�z 0 (A CN Lli LLJ _j 3'x6.7' xI 13Lu j CONC. w Ix q xX—X—X— V) x 7 1 STORY C.B.S. b < Q I rn f I TOWER ANCHOR U� co 7 3 X—X—X X—X cc) Ll�x — LLJ Lu Lr) 14 oe 0 z z NAIL � DISK "BRIEL" ET RCP 2' CONCRETE CURB 7.3' 22,6' 0715.15' 37.90. CONC, COVERED N z ASPHALT N . .88-P 5-27"W. _%_703.00,(M c"I LESS O.R.B. 826. PC. 725 Go N.88*55'27"W. 150.00'(DEED),Oh n, C/L CENTER STREET —in" _j 0 Ln < Ul) Go 19. V 0 [1 (C) . �) 0 ll� -X—X– ZV) _00 L'i 4? 0 NAIL & DISK "DIETHORN" 16 V) Zi U c"I LESS O.R.B. 826. PC. 725 Go N.88*55'27"W. 150.00'(DEED),Oh n, C/L CENTER STREET —in" B arney'�s -- Appliance Repair "Service Calls You Can Afford" . 7 Days A Week ALL: 984-1740 o FAX: 984-3260 1 1 '1 199 '• '•�' ••��i� T. 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 . \. a� Cataract ' Surgery at Brevard Eye Center i r FREE cataract Screening plus a FREE pair of SOLARSHIELD sunglasses! Brevard Eye Center Breoard's Leader in Cataract Surgery Some restrictions apply. 1 1 Daily, in-depth reporting ..,- rt • — FLORIDA TODAY, Tuesday, March 4, 1 NOTICE OF COMPREHENSIVE PLAN The City of Cape Canaveral proposes to appropriate schools in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LANE AMENDMENT will be held by the Local Planning Agenc Canaveral, on Wednesday, March 12, 1997, at 7:00 P. Annex, I I I Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will consider the recommen City of Cape Canaveral Planning and Zoning Boar( following proposed amendment to the City's Code of Ordi ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAN COUNTY, FLORIDA, RELATING TO CC PLANNING; SETTING FORTH AND ADOPTING TI SCALE PLAN AMENDMENT FOR 1997 AS PROVI WHICH SHALL AMEND THE COMPREHENSIVI LAND USE MAP; PROVIDING AN EFFECTIVE D. STATUS OF THE PLAN AMENDMENT; Pl TRANSMITTAL OF THE PLAN AMENDM DEPARTMENT OF COMMUNITY AFFAIRS; P REPEAL OF PRIOR AND INCONSISTENT OR RESOLUTIONS; AND PROVIDING FOR AN EFFE( A copy of the proposed ordinance and map is on file in tt Clerk and may be viewed during regular working hour Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and b, who decides to appeal any decision made with resl considered at this meeting will need to ensure that a ver proceedings is made, which record includes the testimony which the appeal is to be based. Sandra Rozar Sin City Clerk LOCATION MAI BeLx-x eyts Appliance Repair , 1 `Service Calls You Can Afford" .�,.. 7 Days A Week PALL: 984-1740 FAX: 984-3260 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 51217 Cataract at Brevard Eye Center FREE Cataract Screening plus a FREE pair of IOLARSHIELD sunglasses! Brevard Eye Center Breuard's Leader in Cataract Surgery Some restrictions apply. aily, in-depth reporting in FLORIDATODAY. FLORIDA TODAY, Tuesday, March 4, 1997 19A 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, I I I 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; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on tale 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 he based. Sandra Rozar Sims, CMC City Clerk LOCATION MAP Meeting Type: Regular Meeting Date: 05-06-97 AGENDA Heading Ordinances - 1st Reading Item described herein as Exhibit "A". _ No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF TIIE CITY OF CAPE CANAVFIM 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. Stunmary 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 Managier's Office Department LPA/P&Z f a�—,inga5-W9ru3-97.da 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 for th4e amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1988 Plan; and WHEREAS, the City of Cape Canaveral applied for a small scale comprehensive plan amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "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 WHEREAS, on March 12, 1997, the Planning and Zoning Board and the Land 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 amendment 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. Authority. 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. Pursuant to Small Scale Comprehensive Plan Amendment CPA -97-1 to the 1988 Comprehensive Plan, the City of Cape Canaveral future Land Use Map is hereby amended as specifically provided in Exhibit "A", attached hereto. SECTION 5. Effective Date and Legal Status of the Plan Amendment. The effective date of this small scale development plan amendment shall be thirty-one (3 1) days 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 community 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:\citycJerk\CityClk\ORDINANC\ZONINGITW COMPLN. 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. ATTEST: APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY D:\cityclerk\CityClk\ORDINANC\ZONING\TW COMPLN.DOC John K. Porter, MAYOR NAME FOR AGAINST BRUNS HERNANDEZ PETSOS PORTER RANDELS Posted: Pubhshed:(LPA) (1st hrg)) (2nd hrg) First Reading: March 4, 1997 April 27, 1997 May 11, 1997 May 6, 1997 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 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, Sandra O. Sims, CMC City Clerk ss Enclosure d:\cityclerk\cityclk\legalads\compplan\twc-lst.dcc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 9 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-lst.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:,,itVcl-IVcityclk 1 JS\ - mppI anAtw-- 1pa.doc The Times Published Weekly on Wednesday The Star Advocate Published Weekly on Wednesday The Tribune Published Weekly on Wednesday The Bay Bulletin Published Wee ly 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 was published in tt in the issues 2x10 DISPLAY FLORIDA TODAY NEWSPAPER 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 Affiant) Sworn to and subscribed before me this 4 day of MARCH 1997. (Signature of Notary Public) LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type of Identification Produced ' legal -affidavit Across from Office 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 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 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 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 LOCATION MAP 11 1401 Clearlake Rd. • Cc .. . NOTICE OF ZONING The Brevard County Board of proposes to adopt the followin 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, Florida 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 III, "CONE SPECIFICALLY AMENDINC "TOWERS AND ANTENNJ ADDITIONAL CONDITION! CIRCUMSTANCES WHERE USE PERMIT IS NOT REQ' FOR LOCATION OF ANTEN STRUCTURES, PROVIDING PROVISIONS; PROVIDING F PROVIDING FOR INCLUSIQ COUNTY CODE; AND EFFECTIVE DATE. Copies of the request to be con: at the following public libraries: N Central Brevard (Cocoa), Coco; Melbourne, DeGroodt (Palm Bad 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 witt considered at such meeting or need a record of the proceedii purposes, he or she may need t( record of the proceedings is mad the testimony and evidence upoi be based. Persons seeking to preserve a v record must make those arras expense. Meeting Type: Regular Meeting Date: 05-06-97 AGENDA REPORT AGENDA Heading Ordinances - 1st Reading Item 5 No. optics. i 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. i P&Z and the LPA recommended approval. Exhibits Attached: Ordinance No. 02-97/DAI letter of 01-31-97/Staff R rt of 02-05-97 City Manager's Office Department LPA/P&Z 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: 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 DAcitycIffk\CityCIk\OR DIN ANC\ZONING\TW CABLE.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. John K. Porter, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST BRUNS _ APPROVED AS TO FORM: HERNANDEZ I�.0111 PORTER RANDELS First Reading: May 6, 1997 Posted: May 7,1 997 Published:(LPA) March 4, 1997 (1st hrg)) April 27, 1997 (2nd hrg) May 11, 1997 Second Reading: May 20, 1997 d:\cityclerk\cityclk\ordinanc\zoning\twcablc.doc . i� ©are-� ,� i , �. .�� � + ! «w >::.2< .. �©� .3x� �w .. . . �� (°� � m� § � .. . `� .�� \� 2 �~ ^ \\\~ �~���� �\\\> »-:\ � *\�} ~� . :\�. w.� �� � � � � � \� y > . 2 ,����'�»\�/ . \ �� :� � \ . - a <�-... ��. \\\\�� \�- >� -..�\� off, � . z � �71L� z- C CQv z -5c�xv IL CV oo�oU��z������ cs oI-Loo o G,-uCD ^z L CD � zzt�-z zcn0 O 0 C z L1S��L12��nLLLu zQuu _oz� Uri Jaz O� Lp O O z Q LU O Q L U\LU �OILL d3 Ci -c0 cz -z \--f Lu uu zn O -z -Z Lu U-) ����� Omu Q) LU Q�cn Q 17- Cn Q�, z��a' Ozt—�O ���r1cn��Q<U C CE C) -/LU fl C N C Q O»��-cnL5U�5�cnv��cf� LU J �OOnC� 2�flcnc C) Lu d Aa"DROOR & ASSOCIATES INC. 2351 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January31, 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 without giving any consideration for the future use of the property. The existing building (13S 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 can if you have any questigns-. Vert/Truly Noel Drooz�r.E. CC: Bob Sell, TWC 95052WHTSAM Civil & Structural Engineering Inspections PE 37259 City of Cape Canaveral \�1 105 POLK AVENUE • P.O. BOX 326 - CAPE CANAVERAL, FLORIDA 32920 #ham TELEPHONE 407 783-1100 CITY Of K ��VE� STAFF REPORT: February 5, 1997 TO: Local Planning Agency Members FROM: G. J. Moran, CBO Building Official /JYL SUBJECT: Application For Zoning Designation Change APPLICANT: Time Warner Cable Co. APPLICANTS REPRESENTATIVE: Noel Droor, P. E. ADDRESS: 210 Center Street 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. 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 PRINTED ON RECYCLED PAPER I aIene /O I 113' OF 3 905' OF NL -2 ��M YK 30' ./L IIN I 1 (- ,sr ■ . a. 9x la S BANYAN L 7 AORPH5 i 2 1 I ze f r 10' E34T • « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL 7 a 3001t eve,.•.. r ( I ll I OF 3 ass' OF 0L-2 .9 SO 11 N 150. OF S 153' Of GL -2 i la 455 3.SrOE.0 - 58 r 750 6L-3 14 K 140 GL -3 ^ ` :. ..,• f 14e!/6511 � ' 7r=aCJ,/,n ' I` E 2W OFI(/60 Or y rr r4 u � 36 1 ( 983 391) _ I . l8 711 .• .HI all ITS I 1o1' _T 1 .\ 1 N 560.30' JF S 1786.80' i ` 09 GL- OF 3T.&*� m w J 0 a i Y 7 m I I I I 1 25' RD. VAE. FROM 1.11*; 01 267 i� %O'UE1' f32'LOaO; I EiUC NANAN (054 OP59 YK I ; S 6 7 • i 2 9 7 • « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL 7 Is 115' OF S $O5' OF SV I"t OF IV 1'4 II OF ST. RD. EA. �. 150' 11 - .9 SO 11 12 13 la 1S 16 275' OF e53 "sa 953.`550 14 15 •lF 65 la or Ra ' lt, E 2W OFI(/60 Or 36 r _7300 /� OIr4'n all 57.30' S 690' OF SV 1APOF •V 114 V OF R0. ^ ' � C 1 . 9 I 17 1:1 71l � U la t5 16 2 g� 11 i"n A- « � .rr• a OF i 9 10 119' 4 1e5;'6381 9 LINCOLN ;o' 10 SS 1 •, I Ij 853'542 Ex, - A— 1 69 '38AN N WVF '>P�z2l TYLER A9lle Po/NSE 7t7idNN01�tSES . um S OYPES o0 -,Ey)pt 1,i (36-8_q) PHP X 27 PH/ .4 1 CAPE CANAVERAL I 41 42 BLDG. CONDO M-01-/3_09 y�jy�' � 26/ �9 t0 11 12 14 *12 9 t0 Iti 112 til t I 1 10' EGKT-- ' e11'a19 Q %%jj 4 ' R 300' OF S 455' OF 5V 1 t �rL�l OF NV 1 4 V OF R0. ' PC -LK - 1 2 3 4 3 d 7 47 10' ESNT ' 911 417 - ■. 174. OF S. ..` OF 3Y. 1 4 Of 4V. 1 4 V. OF RD. 1 ' 9 10 11 12 13 14 15' 4 4 V OF S.R 401 I , ESNT ' TAYLOR /1 1a7' OF NV 1 4 OF SV 1.4 V OF S. R. 401 i v H 953 551 EX. RD. R ]' ctrl.!!......... ■ u. V4o4 e 5:. •, • 1D' ESMT 1039 `177 i ,a �i 2 ! a 5 6 7 1 mu: fl,,-I SS12 - L± 6 7 9 9 1 '13 14 13 16 F- F 1"ILL R^i w t� i� %O'UE1' f32'LOaO; I EiUC NANAN (054 OP59 YK I 27S- /-/O ;�✓/ n •4 wl 2 2 4 5 6 7 9 7 • « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL 56 -.9 II OF ST. RD. EA. �. 150' 11 61 .9 SO 11 12 13 la 1S 16 275' OF e53 "sa 953.`550 14 15 •lF 65 Q ISAr I lt, 1 2 3 4 3 d 7 47 10' ESNT ' 911 417 - ■. 174. OF S. ..` OF 3Y. 1 4 Of 4V. 1 4 V. OF RD. 1 ' 9 10 11 12 13 14 15' 4 4 V OF S.R 401 I , ESNT ' TAYLOR /1 1a7' OF NV 1 4 OF SV 1.4 V OF S. R. 401 i v H 953 551 EX. RD. R ]' ctrl.!!......... ■ u. V4o4 e 5:. •, • 1D' ESMT 1039 `177 i ,a �i 2 ! a 5 6 7 1 mu: fl,,-I SS12 - L± 6 7 9 9 1 '13 14 13 16 F- F 1"ILL R^i w t� I� U PIERCE lig 9e5 �VEYN/NDA N' /TY (944.279) IIb ,1.1199 1) 1995 38i •� I ' I!!. Ir' W v �~'•' i/'/08i 271" t11 STREET r• ]4 i� %O'UE1' f32'LOaO; I EiUC NANAN (054 OP59 YK I 27S- /-/O ;�✓/ n •4 wl 2 2 4 5 6 7 9 7 • « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL 56 -.9 II OF ST. RD. EA. �. 150' 11 61 .9 SO 11 12 13 la 1S 16 275' OF e53 "sa 953.`550 14 15 •lF 65 I� U PIERCE lig 9e5 �VEYN/NDA N' /TY (944.279) IIb ,1.1199 1) 1995 38i •� I ' I!!. Ir' W v �~'•' i/'/08i 271" t11 STREET r• ]4 1 14 nwu•:ON i� %O'UE1' f32'LOaO; I EiUC NANAN (054 OP59 YK I 27S- /-/O ;�✓/ n •4 4r 11. Ali'/1934/324 2 1 4 5 6 7 • « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL 195' OF -.9 II OF ST. RD. EA. �. 150' 11 61 I 12 13 • 5 9 10 11 12 275' OF e53 "sa 953.`550 14 15 •lF 1 14 nwu•:ON i� %O'UE1' f32'LOaO; I EiUC NANAN (054 OP59 YK I 27S- /-/O ;�✓/ n •4 4r 11. Ali'/1934/324 4 6 1 11 q 755 « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL 195' OF -.9 II OF ST. RD. EA. �. 150' 11 !lO.l I 12 13 • 5 6 8 \`n/J 11� 10'uESM 106411005 275' OF e53 "sa 953.`550 - 2 65 Q ISAr I E 2W OFI(/60 Or r _7300 /� OIr4'n .65 AC. � C 1 . 9 I 17 1:1 71l � U la t5 16 2 g� 11 i"n A- « � .rr• a „ 4 1e5;'6381 9 LINCOLN ;o' :n' 1 I Ij 853'542 Ex, - A— 1 69 /3.0/ tAiv #7 e6a ri '>P�z2l #9 A9lle . 1 14 nwu•:ON i� %O'UE1' f32'LOaO; K 121.2! OF 5.1221.30' Or L'-� 041/192,13114•4-9 I ei 4r 11. Ali'/1934/324 4 6 1 11 755 « '1 II t 326.25' OF S 1226.50' OF GL -4 iIL -.9 II OF ST. RD. EA. �. 150' 11 !lO.l I 12 13 I 1411 11 OF E 210' • 1050.25' aF E 10'SE94T $52:1 11� 10'uESM 106411005 Il• VOOFSWT b IP' 5," .4 ISAr I E 2W OFI(/60 Or r _7300 /� OIr4'n .65 AC. 1 ` L1' IS 01'<9'1 If 6 11 i"n A- « a .ill �LE34 EK ] 07.EJ1 A— 1 9r #7 e6a ri '>P�z2l #9 A9lle . um S OYPES o0 �>i� 1 14 nwu•:ON 1 SEA In I I I ei 2 ! 4 6 1 77 -.9 SO 11 I 12 13 I 1411 YS { 1 SEA In CITY OF CAPE CANAVERAL April 17, 1997, 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 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 868-1221. Sincerely, Sandra O. Sims, CMC City Clerk ss Enclosure d:AcityClerk\cityclk\legalads\zoningA1997\twclst.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 9 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 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 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: 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:\cityclerk\cityclk\legalads\zoning\1997\twclst.dcc 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 Tuesday, 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 at 868-1221. Sincerely, Sandra O. Sims, CMC City Clerk ss Enclosure d:'.s_cyc l�l�ciT yolk\legai.�ds\zoni ngA.19 J�`,twrloa.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • 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, 1 l 1 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 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 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 LPA meeting) Florida Today 2 columns wide by 10 inches long, headline 18 point not in legal or classified sections d:AcitycI-1\c ityc-1 k\l=galads\zoningA]997Atwc- Ip. .do- LOCATION MAP F ::i) P�,rw r . �ccc c, r_ Q m 0 z 3 a ry 0 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 868-1221. Sincerely, Sandra O. Sims, CMC City Clerk ss Enclosure .. 1,t. -i r,;c 1k"Irq .' 11." II.!, l.,i A 111 1 -,I„I 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 • FAX (407) 799-3170 The Times Published Weekly on Wednesday The Star Advocate Published Weekly on Wednesday The Tribune 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 oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY Florida; that the attached copy of advertising being a who on , a newspaper published in Brevard County, LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in 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 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 newspaper. y _zz' (Signature of Affiant) Sworn to and subscribed before me this 4 day of MARCH 97 is—. (Signature of Notary Public) Personally Known Type of Identification Produced LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) or Produced Identification legal -affidavit Meeting Type: 05-06-97 Meeting Date: Regular AGENDA REPORT AGENDA Heading Considerations Item 2 No. Tricon's 04-15-97 letter CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 90 DAY PERMIT EXTENSION FOR TRICON DEVELOPMENT, INC. DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council grant a 90 day permit extension to Tricon Development, Inc. for their temporary sales/construction trailer. Summary Explanation & Background: The building official recommends approval of the permit extension request. Exhibits Attached: Tricon's 04-15-97 letter City Mar's Office _ - — Department BUR DING/PUBLIC SAFETY g:ma�a��u��ws�gnta�.da TRICON DEVELOPMENT, INC. P.O. BOX 320637 COCOA BEACH, FL. 32932-0637 PHONE: (407) 453-5360 FAX: (407) 453-3618 April 15, 1997 City of Cape Canaveral Building Department 105 Polk Avenue P.O. Box 326 Cape Canaveral. Fl. 32920-0326 Att.: G.J. `'AUtev" Moran. Building Official zn Re: Sand Dunes Condominium Temporary Sales/Construction Trailer Dear Mr. Moran: On May 13. 1997, our (90) da} permit 1-t9600060, for the sales trailer located at 425 Buchanon Av enue- Cape Canaveral- Fl. 32920 expires. We respectfidly request a (90) day extension to this permit. Thanking you in advance for your consideration in this matter. If you have any questions. do not hesitate to contact me at this office. Sincerely. Alan R. Vinacke Project Mana,,er Meeting Type: Regular Meeting Date: 05-06-97 AGENDA H—Aing Resolutions Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-11, REAPPOINTING (2) MEMBERS TO THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Richard Treverton and Nadena Easler to the Community Appearance Board. Summary Explanation & Background: These terms will expire on 05-01-2000. _ i Please advise. Exhibits Attached: Resolution No. 97-11 City Manager's Office Department LEGISLATIVE g:� �ew,�wsw6-97\97-11-aa RESOLUTION NO. 97-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE 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. 16-95 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Richard Treverton is hereby reappointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2000. SECTION 1. Nadena Easler is hereby reappointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2000. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6`h day of May, 1997. John K. Porter, MAYOR 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: 05-06-97 AGENDA REPORT AGENDA Heading Resolutions Item 4 No. Resolution No. 97-12 CITY COUNCIL OF THE CITY OF CAPE CANAVIERAL . SUBJECT: RESOLUTION NO. 97-12, APPOINTING MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of Norman Boucher and Randall Byrd to the Construction Board of Adjustment and Appeals. Summary Explanation & Background: These terms will expire on 12-15-98. _ i Exhibits Attached: Resolution No. 97-12 City Manager's Office Department LEGISLATIVE —t'� � / g:�admm mc;il�mocdng105-0697197-1 doc RESOLUTION NO. 97-12 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. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, 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. Norman Boucher is hereby appointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 1998. SECTION 2. Randall Byrd is hereby appointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 1998. SECTION 3. This Resolution shall take effect immediately upon its adoption. City of Cape Canaveral Resolution No. 97-09 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6h day of May, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY g:\cityclk\res\boards\appoint\cba.doc John K. Porter, MAYOR NAME FOR AGAINST BRUNS EERNANDEZ PETSOS PORTER RANDELS City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No Applicant's signature: t; Li ��� �;�__ Date: PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORK CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: ���a 1'� �' `����`�y r �� Home Telephone: Home Address: S�' ��/L[/l-'G �� �� 4,' Business: Business Telephone: Office Address: Brief Description of Education and Experience: % l [" E' eel Are6.3 you a registered voter? Yes ' No Have you been a resident of the City for 12 months or longer? Do you currently hold a public office? Are you presently employed by the City? At the present time, do you serve on a City Board? Yes Yes No No Yes No Yes No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughtt brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother -i law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrotht 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 spec 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 151h of ec year following the initial appointment while still a member of said Board. PLEDGE OF ALLEGIANCE: ROLL CALL: INTERVIEW: City of Cape Canaveral )UNCIL REGULAR MEETING CITY HALL ANNEX Avenue, Cape Canaveral, Florida TUESDAY May 6, 1997 7:00 P.M. AGENDA Charles L. Biederman, Code Enforcement Board PRESENTATION: Ball Park Security, Nancy Hanson, Recreation Director CONSIDERATIONS: 2. Motion to Approve: Tricon Development, Inc. request for a ninety (90) day extension to the Temporary Sales/Construction Trailer Permit at Sand Dunes Condominium. RESOLUTIONS: 3. Motion to Approve: Resolution No. 97-11, A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE, INSERTING THE NAMES AND 4. Motion to Approve: Resolution No. 97-12, 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, INSERTING THE NAMES AND d:\cityclerk\cityclk\agmda\regular\ doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 0 FAX (407) 799-3170 City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: FIRST & FORMOST MY GOAL IS TO EDUCATE CLIENTS IN ANY REAL ESTATE BUILDING TRANSACTION THAT I MAY BE INVOLVED IN, THROUGH 20 YEARS IN REAL ESTATE & 10 YEARS A CONTRACTOR A HONEST RELATIONSHIP WITH CLIENTS WILL ATTAIN OUR GOALS OF SATISFACTORY COMPLETION. MY QUALIFICATIONS OF HONESTY & INTEGRITY COMBINED WITH UNDERSTANDING THE BUILDING CODE WOULD GIVE THE BOARD THE ATTENTION ANY ISSUE WOULD RROTTIRF.- I PERSONALTY HAVE A CAPACITY TO UNDERSTAND A SITUATION AND BE DIRECT AS I SEE FIT TO SOLVE THE PROBLEM. PRIOR KNOWLEDGE AS A ON SITE CONTRACTOR AND UNDERSTANDING CONSTRUCTION BY FOLLOWING THE BUILDING CODES IS BY FAR MY MOST IMPORTANT ASSET. Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes X Applicant's signature: Date: APRIL 9, 1997 PLEASE NOTE: Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have—any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 t�41'09:'40745'=586'o CotOPSELL SUP'+lEl'P'4G p4GE 0i p.1 -d7 9 E 407 749 3170 CITV;ZRRE CRN. F. e., PLEA56 COWLITZ RflliT STD%S OVALPtLICATTW FbRbl. rr :` CM 0F,CA_M.CAlr1AV8RAL, )F'i. RMk,. aPPiIGATIW TU SF VE ON KIM ROAM u Applicant Nartsa;U Home Telephone: Home Address: vr,l i7 _ /rTT1.D, PL.- Business: ] 14,LA�A-7.6Z-1-k •! L.l 0,k _ Business 7elophone:- Office Address; 3 5 2 `� IV • . L.a u 27k `l Pi�ys �.er� 'F-tT7c-p� �-t- Brief Description of Education aad Experience:_7•H - _ c I Cln n �,-►4=k`i 9 (4 - -T k res t W ncc .-r to Sys - S t cA ELD ridgy Are`jrou'a`registered voter? ' Yes X' No'" have you bew a resident of the City for 12 months or longer? Yes- No Do you currently hold a public bffice? Yes - No. Ait'yaii'prescittly employed by the City't Yes = it❑ R At the present time, day" rarva on a City Board? Yes No � At the present rima, do any of the fbilowing relatives of yours serve on the City Council: father. mother, son, daughter, brother, sister, tincte,'sunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, so,6-)rt-law, daughter-in-law, brother -to -law, sister -ht -law, stepfather, stepmother, stepson, step"ughter, stepbrother, stepsister, half brother or half sister? / Yes N4 At the present time, downy of the following relatives of yours serve on any other City board, coni itission or special district; spouse, patent, child, grandparent or sibling of the whole or half blood? Yes No x 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* Commac9a7 Development Board Community Appearance Board* 7( Construction 13oard of Adjustment & Appeals" Library Board Planning and Zoning Board• Recreation Board Wombert ejthew Beards are rapka to ooawplew MeacW P(me"ure Forms irpoa to mid Bvari aad prior eo Jnr 1.5tk S(each yvwft7towInS she MOW oppee+tmew whtlt etlll o Pmrsher of oafd Board. 04/09/97 09:39 TX/RX NO.9361 P.CO1 0 k)9,''19y7 a8: 35 4074595865 APiPBELL SI_tR'v'El''Ihlri PAGE U2 a4, 67 -'97 12:a' 2 4e7 74g SI'e F.E -uuy oz %-apq %;anavarai,,rigrina 1 City Board Applicifflo t Page 2�i Please list what you feel are your _qu 164t1gns to serve as a membsr on one of the City's Boards: ,... , , ne-e ice. fM erg 5 %O JOS�r1.s eer -c .�cY, ,e •cc ' i �;�,.-RQ ir°f�.ess u� _,c,lZt _D ;cis. _ � .� ;BMJ �-t-t yS -�. �:�f�c:�•�.,35 1 , L+A la:�g42 l,," I< �L E dP_�.r•�c - cr t fc,r. c� - S Would you aonsldee serving on another City Board other than the one($) u have setectod on the front,of 1his;ltaimT... Applicant's sigDate:, � �l ^PLEASE NATE: t. 1 Initial;appointment to anyty, Board is s6bject to City Council approval following a ; brief interview before theOltyCouncil at regularly scheduled meeting. `. 2. Your application will remain effective for ne year from the date of completion. 3. ;If you should have aty questiong regards g the completion of this application, please contact she City Clark's Office at PLEASE RETURN COMPLETED APPLICATION TO ME CITY CLERK'S OMCE, CAPE CANAVERAL CITY -HALL,' 105 POLK,AVENUE, CAPE CANAVERAL, FL, 32920 i s 134/09/97 09:39 TX/1HX N0.9361 P.002 0