HomeMy WebLinkAboutCumberland Memo for Temp Signage, Landscaping, etc.Memo
TO: City of Cape Canaveral Planning and Zoning Boa"
rd
Todd Morley, Economic Development Director, an
David Dickey, Community Development Director
DATE: July 25, 2016
RE: CUMBERLAND FARMS — TEMPORARY SIGNAGE, LANDSCAPING,
PUBLIC AMENITY AND UTILITY EASEMENT AT 8000 ASTRONAUT
BLVD.
The ApplicanUTenant has agreed to grant to the City of Cape Canaveral a temporary 30 ft.
x 74 ft. easement for signage, landscaping, public amenities and utilities as depicted on the
attached site plan (see hatched area notated "City of Cape Canaveral Entrance Feature").
The City intends to utilize this area to create a "gateway" entrance signage feature and
landscaping. The feature's purpose will be to honor the historic significance of North
Atlantic Ave. as the road that took America's first generation of astronauts northward to the
original Cape Canaveral launching facilities.
The entrance feature, essentially decorative signage telling the story of the historic roadway,
has not yet been designed. The temporary easement area will be beautified with significant
landscaping. The temporary easement area will be maintained by the City for the life of the
easement.
This development arrangement is the subject of a private lease from the Mary W. Crowder
Trust to Cumberland Farms. The lease is for 20 years with six additional 5 -year options (50
years total). Cumberland Farms (Tenant) will construct, operate and own the structure(s),
but the property will remain under the ownership of the Mary Crowder 'frust. This
arrangement limits the Tenant's right to commit to a perpetual easement. Although the Trust
is not willing to grant a perpetual easement to the City, it is agreeable to the Tenant's grant
of a temporary easement to the City, subject to the term of the lease. Accordingly, should
the lease terminate, the easement will terminate, unless a further easement is granted by a
future Tenant or the owner.
The Applicamt/Tenant has further asserted that should it become owner, the easement will
be made perpetual.
Staff and City Manager recommend the Board place the following conditions of approval
on the Special Exception:
1. "Prior to the City's issuance of a Certificate of Occupancy, Cumberland Farms shall
record with the Clerk of Brevard County a temporary signage, landscaping, public
amenity and utility easement ("Temporary Easement"), as depicted in the hatched area
on the site plan, to the City of Cape Canaveral, in a form acceptable to the City, to run
concurrent with the land for the term of the Cumberland Farms lease and any future
Cumberland Farms sub -lessees."
2. "Prior to the City's issuance of a Certificate of Occupancy, Cumberland Farms shall
record with the Clerk of Brevard County, in a form acceptable to the City, an agreement
to convert the Temporary Easement to a Perpetual Easement should the Tenant or any
future Cumberland Farms sub -tenant become owner of the property."