HomeMy WebLinkAboutAgenda Packet 08-06-1996 64�E �S
City of Cape Canaveral
° CITY COUNCIL REGULAR MEETING
_ CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral,Florida
�,.. CAPE CANAVERAL
TUESDAY
August 6, 1996
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
Linda Weatherman,Economic Development Council
Mayor's Award: Stephen and Holly Clements
Mayor's Award: Finance Department Staff
MINUTES:
1. Motion to Approve: City Council Regular Meeting Minutes of July 16, 1996.
INTERVIEW:
2. Nancy Young, Community Appearance Board Applicant
PUBLIC HEARINGS
ORDINANCES- 1st Reading
3. Motion to Approve: Ordinance No. 14-96, Prohibiting the Use of speed Bumps and Providing
for the Use of Speed Humps
ORDINANCE - 2nd Reading
4. Motion to Adopt: Ordinance No. 12-96;Private Entry Gates for second reading.
CONSIDERATIONS
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407)868-1200 • FAX(407) 799-3170
City Council Regular Meeting Agenda F
August 6, 1996
Page 2
5. Motion to Approve: City Treasurer's Report and Budget Transfers
6. Motion to Approve: Request for permit extension and Tricon Development, Inc., Temporary
Sales/Construction Trailer, Sand Dunes Condo Project.
7. X46tion to Approve: Brevard County's one-cent surtax for a period of six months for the sole
purpose of raising revenues for the construction of an additional pod at the
existing county jail.
DISCUSSION:
8. Amending Section 110-354, Special Exceptions Permissible by Board of Adjustment within M-1
zoning district to allow for Day Care Centers,Mayor Pro Tem Randels
9. Amending Section 110-171,Establishments Serving Alcoholic Beverages,Mayor Porter
10. Application of Uniform Height Limits with the C-1 and M-1 zoning districts
11. Dedication of Ocean Woods Boulevard entrance road right-of-way,Mayor Porter
12. Drainage Ditch Complaint
13. Amending Section 110-195,Nonconforming uses of structures and premises in combination
14. SR Al Beautification Project,Mayor Porter
REPORTS:
15. City Manager's Report.
ADJOURNMENT:
If any person decides to appeal any decision made by the City Council with respect to any matter
considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based(FS 28 6.0105).
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue,Cape Canaveral,Florida
TUESDAY
July 16, 1996
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Leo Nicholas
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager,Bennett Boucher
City Attorney,Kohn Bennett
City Clerk, Sandra Sims
City Treasurer,Deborah Haggerty Barker
MINUTES:
1. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve the
City Council Regular Meeting Minutes of July 2, 1996. The motion passed 5-0, with voting as
follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Porter, For; and Mayor
Pro Tem Randels,For
RESOLUTIONS:
2. Mayor Porter read Resolution No. 96-33 by title.
A RESOLUTION ADOPTING A TENTATIVE PROPOSED MUU.AGE RATE FOR
THE LEVY OF AD VALOREM TAXES FOR 1996 ON ALL TAXABLE PROPERTY
LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, —
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve Resolution No.
96-33.
City Council Regular Meeting Minutes
July 16, 1996
Page 2
City Treasurer, Deborah Barker, explained the options illustrated in the packet information.
Council concurred that taxes should not be increased if the City is operating satisfactorily
within a lower budget. Ms. Barker stated that property valuation is lower this year. However,
she did not receive a listing according the valuations per residential, commercial, etc. Council
requested that staff research to determine which classifications have decreased value according
to the County Property Appraiser.
Council further concurred that a Bond Burning Celebration should be planned for October, to
commemorate satisfaction of the 30-year Stormwater Bond issued in 1966.
An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to
approve Resolution No. 96-34 inserting in Section 1. Beautification - .4519 mill; Section 2.
Library - .0386 mill; Section 3. Stormwater - .0000 mill; Section 4. Fire Service - .5000 mill;
and Section 5. Police Service - .5000 mill. The amendment to Resolution No. 96-33 was
approved 5-0, with voting as follows: Mr. Bruns, For; Mr. Nicholas, For; Mr. Petsos, For;
Mayor Porter,For; and Mayor Pro Tem Randels,For
Resolution No. 96-33 was approved 5-0, with voting as follows: Mr. Bruns, For; Mr.
Nicholas,For;Mr. Petsos,For; Mayor Porter,For; and Mayor Pro Tem Randels,For
3. Mayor Porter read Resolution No. 96-34 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; RELATING TO COMMUNITY APPEARANCE REVIEW UNDER
ORDINANCE NO. 16-95; EXTENDING THE EFFECTIVE DATE OF THE
ORDINANCE ADOPTED ON DECEMBER 19, 1995; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Nicholas to approve Resolution No.
96-34.
_ City Manager, Bennett Boucher, explained that the Board still needs two regular members and
two alternate members before it can become active.
Resolution No. 96-34 was approved 5-0, with voting as follows: Mr. Bruns, For; Mr.
Nicholas, For;Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For
4. Mayor Porter read Resolution No. 96-35 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, r
FLORIDA; RELATING TO NATURAL GAS SERVICE; EXTENDING THE
EXPIRATION DATE OF THE AGREEMENT GRANTED PURSUANT TO THE
ORDINANCE ADOPTED ON JANUARY 18, 1996, MAKING FINDINGS;
PROVIDING FOR AN EFFECTIVE DATE.
City Council Regular Meeting Minutes
July 16, 1996
Page 3
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve
Resolution No. 96-35.
City Manager, Bennett Boucher, explained that he and the Assistant City Attorney, Anthony
Garganese, have met with City Gas representatives and most of the issues have been resolved.
_Discussion ensued regarding the stipulation of requiring City Gas to make service available to
j all residents. Council concurred that a stalemate should not be induced to preclude achieving
the franchise agreement. The gas company would be able to operate without the franchise and
the City would lose the franchise revenue, there for negotiations should remain amicable.
Resolution No. 96-35 was approved 5-0, with voting as follows: Mr. Bruns, For; Mr.
Nicholas,For;Mr.Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels,For
ORDINANCE-First Reading:
5. Mayor Porter read Ordinance No. 12-96 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 38, ARTICLE A FRE PREVENTION CODE,
BY THE ADDITION OF SECTION 38-33, PRIVATE ENTRY GATES, AND
SECTION 38-34, CONFORMANCE; SETTING FORTH THE CRITERIA FOR THE
ALLOWANCE OF PRIVATE ENTRY GATES WITHIN THE CITY; PROVIDING
FOR AMORTIZATION OF EXISTING PRIVATE ENTRY GATES WITHIN THE
CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Ordinance No.
12-96.
City Manager, Bennett Boucher, explained that the only change made to the ordinance since
` the workshop is the one-year amortization, rather than five-years.
Mr. Randels queried how many complexes will be affected and what are to estimated costs for
them to convert their gates into compliance with the new ordinance. Staff will research. Mr.
Randels also commented that there is no exclusion provision for 24-hour manned gates.
Ordinance No. 12-96 was approved 5-0, with voting as follows: Mr. Bruns, For;Mr. Nicholas,
For;Mr. Petsos,For; Mayor Porter,For; and Mayor Pro Tem Randels, For
CONSIDERATIONS
6. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve the
Final Replat of Cape Villas. The motion passed 5-0, with voting as follows: Mr. Bruns, For;
Mr. Nicholas,For;Mr. Petsos,For, Mayor Porter,For; and Mayor Pro Tem Randels, For
City Council Regular Meeting Minutes
July 16, 1996
Page 4 =
DISCUSSION:
7. City Manager, Bennett Boucher, explained that the Planning and Zoning Board has
recommended that Council consider adopting the proposed ordinance amending Section 110-
354, Special Exceptions permissible by the Board of Adjustment. Mr. Boucher related that
the Planning & Zoning Board has been workshopping this issue for months. The proposed
ordinance broadens the M-1 allowable use categories by special exception. The types of uses
listed in the ordinance are typical of a commercial zoning district, creating a district that would
be a mixture of mercantile and/or light industrial uses. This change was recommended by the
Planning&Zoning Board, not a property owner petition.
Mr. Bruns commented that he has no quarrel with rezoning for commercial space which is
compatible with Al A, but the higher economic jobs will come from industrial operations rather
than commercial operations. Small businesses come and leave, whereas, industrial businesses
provide more solid long-term economic opportunities for the community.
Mayor Porter contended that the AIA corridor should be considered for rezoning to
Commercial. He queried if offices can operate in C-1 zoning, maintaining that businesses such
as EG&G could operate and would be beneficial to the city. Mr. Bruns countered that those
type businesses can operate in either zone right now; we need to determine a way to eliminate
the need for so many special exceptions.
City Attorney, Kohn Bennett, noted that there are M-1 businesses currently located within the
AIA corridor, such as AB&B. An alternative could be a zoning designation that specifies a
mixture of uses found under both M-1 and C-1.
Mayor Porter queried Todd Peetz, City Planner, how soon a recommendation could be
developed using suggestions from the Commercial Development Board, LPA and P&Z . Mr.
Peetz stated that the proposed rezoning does not have to wait for the EAR Report (Evaluation
and Assessment of the Comprehensive Plan). He stated that an amendment could be prepared
for council action within three to four months. Council concurred that Mr. Peetz and the
Boards should proceed recommend a zoning change to eliminate the need for so many special
exceptions, specifically along the Al corridor.
—8. Mayor Porter explained that Mr. Dick Berry, who represents B C Development, is willing to
deed road and road right of way of the Ocean Woods to allow for Day Care Centers,
Mayor Pro Tem Randels entrance to the City, contingent upon the developer being able to
make road cuts and jack and bores across the road for utilities when their property is
developed. After extensive discussion, council consensus was to instruct the Building Official,
City Council Regular Meeting Minutes
July 16, 1996
Page 5
Whitey Moran,to inspect the road to determine if it meets city specifications. If it does not, the
city would not consider accepting the entranceway.
9. City Manager, Bennett Boucher, explained that the rezoning request of 8901 North Atlantic
Avenue (the former Post Office building) to change from R-2 to C-1 was initiated by the
_property owner. Mr. Kelly Zarvas, the owner's representative was present. Todd Peetz,
Planner, stated that the required Comprehensive Plan Amendment could be initiated
simultaneously with the other requirements. He related that it would require approximately 30
days to compile data, 30 days to notify the property owners, 30 days to prepare for the LPA
meeting and approximately another 30 days before Council consideration - or approximately
120 days to accomplish all the legal requirements before it could be approved.
There was extensive discussion regarding the 30-year history of the building being located in
the residential district. Mr. Zarvas stated that the tenants are most likely to be tour/travel
operators, real estate or other office-type businesses. There would not be delivery trucks in and
out as it has been. The Building Official, Whitey Moran, was present and reiterated possible
approaches to the rezoning request as stated in his memoranda which are a part of this agenda
material.
Consensus was to have staff determine a time line required to pursue a zoning change and
comprehensive plan amendment and place on the next agenda for further consideration.
10. City Manager, Bennett Boucher, explained that the Comprehensive Plan Amendment to the
Future Land Use element establishing policy LU-4, location of schools, is required by the state
and recommended by the Local Planning Agency. Council concurred to proceed with the
required public notice advertisements for the first and second hearings.
11. Council concurred to distribute the color-blocked citizen surveys through inserts in the Cocoa
Beach/Cape Canaveral Press in lieu of the pre-determined 1/2 page publication.
REPORTS:
12. City Engineer's Report
Mr. John Pekar, City Engineer from Stottler, Starmer& Associates, was present to discuss the
City Engineer's Report. Expounding on the written report, Mr. Pekar stated that they believe
that water quality grant funds may be available for use in improving the Canaveral River
(drainage section). He related that the five stormwater outfalls drain directly into the lagoon
and could be eligible for this funding. They will research and pursue the prospects further.
City Manager-Bennett Boucher
• Mr. Boucher reported that the manhole repair project is complete and Public Works
Director, Michael Gluskin is satisfied with the work.
City Council Regular Meeting Minutes
July 16, 1996
Page 6 -
• Mr.Boucher reported that the State will inspect the SBA tree plantings next week.
• Mr. Boucher reported that Steve Salvo, Sheriffs Department - Cape Canaveral
Precinct has been promoted to Major. Council commended Major Salvo on his efforts
during the past year.
{ Mr. Boucher stated that he has written a response letter to the Southgate Trailer Park
attorney regarding the canal complaint and will discuss this issue at the August 6, 1996
meeting.
City Attorney-Kohn Bennett
• No report.
City Clerk- Sandra Sims
• No report.
Council Member-Burt Bruns
• No report.
Council Member-Leo Nicholas
Mr. Nicholas queried if Western Waste is cleaning and disinfecting dumpsters as
stipulated in their franchise agreement. Mr. Boucher will investigate.
— Mr. Nicholas queried about the status of the Internal Improvement Trust Fund
property . This is property that the Port received from the State which lies in the
northern portion of the City of Cape Canaveral. Mr. Boucher stated that he will
contact Port Officials about the lease agreement.
• Mr. Nicholas stated that the Post Office road, which is privately owned needs to be
notified of the road disrepair.
• Mr. Nicholas reported that the stained glass city logo which is to be placed in the
library has been designated to be placed in the new construction portion of the
building, not at the portico as depicted in the pre-construction drawings presented to
the city. Mr. Boucher stated that he will have the City Engineer investigate the matter
and propose a change order if needed to have the logo placed at the entrance to the
library.
City Council Regular Meeting Minutes •
July 16, 1996
Page 7
• Mr. Nicholas reported that trees, including palms have been destroyed during the
library expansion project. He requested that the city receive information before such
construction related incidents occur. Council concurred that the Building Official
obtain all proposed change orders to report to Council.
Council Member-Buzz Petsos
• Mr. Petsos reported that he will be meeting with Bill Allen of Cocoa Beach next week
regarding sharing capital items. He requested all suggestions Council Members may
have for the discussion.
• Mr. Petsos reported that he attended a luncheon with the Navy League and they are
proposing to bring in more naval ships, hoping the city will support them in the
endeavor. Council concurred that a resolution in support should be prepared.
Mayor Pro Tem Rocky Randels
• Mr. Randels reported that a new median has been adopted by a local citizen by paying
$600 for its upkeep.
• Mr. Randels reported that the city has received payment from the Florida League of
Cities from their program of auditing insurance companies who sell insurance in a
municipality without obtaining occupational licenses. He demonstrated that this
payment alone far exceeds the Florida League of Cities membership dues.
• Mr. Randels stated that the City Manager has reported that there are over 600
building permits which are not closed.
• Mr. Randels queried about the status of the Amendment to the Reuse Agreement with
the City of Cocoa Beach.
Mayor-John Porter
• Mayor Porter reported that a volunteer project is being conducted at Cape View
Elementary School on Saturday, July 20, from 8:00 to 12:00 for general clean up.
• Mayor Porter reported that on August 6 at 3:00 p.m., the City of Cocoa Beach is
having a leadership meeting with Lt. Governor Buddy McKay presiding.
• Mayor Porter requested that a discussion item be placed on the next agenda regarding
Al funding and beautification.
• Mayor Porter reminded Council and staff to continue the pursuit of Longpoint Park.
City Council Regular Meeting Minutes
July 16, 1996
Page 8
There being no further discussion or comment from the audience,the meeting was adjourned
ADJOURNMENT: 10:00 p.m.
John K. Porter,MAYOR
Sandra O. Sims, CITY CLERK
d:\city_clerk\cityclk\minutes\1996\07-02-96.doc
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name: Vo Home Telephone: 721 -4 1
Home Address: • kv 'p—,
Business: '�f Business Telephone:
Office Address:
Brief Descri tion of Education and Experience: G��` + s 0 Co J e- o.
T'-t-"a ct-
Are you a registered voter? Yes No /
Have you been a resident of the City for 12 months or longer? Yes No
Do you currently hold a public office? Yes No
Are you presently employed by the City? Yes No
At the present time, do you serve on a City Board? Yes v No
At the present time, do any of the following relatives of yo�on Council: father, mother, son, daughter,
brother, sister,uncle, aunt, first cousin,nephew, niece,husband, wife,grandparent, grandchild, father-in-law, mother-in-
law,son-in-law,daughter-in-law,brother-in-law,sister-in-law,stepfather,stepmother,stepson,stepdaughter,stepbrother,
stepsister, half brother or half sister?
Yes No
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes tl� No
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board Construction Board of Adjustment & Appeals*
Board of Adjustment* Library Board
Code Enforcement Board* Planning and Zoning Board*
/Commercial Development Board Recreation Board
Community Appearance Board*
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each
year following the initial appointment while still a member of said Board.
i
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:
CP qzq�j
l �
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: 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
Meeting Type: Regular
Meeting Date: 08/06/96
AGENDA
Heading Ordinance 1st Reading
Item 3
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: AN ORDINANCE PROHIBITING THE USE OF SPEED BUMPS AND PROVIDING FOR
{`THE USE OF SPEED HUMPS
DEPT./DIVISION: CCVFD/PUBLIC SAFETY
Requested Action:
That the City Council consider at first reading an ordinance that prohibits speed bumps and provides for speed
humps.
Summary Explanation & Background:
The City Council first reviewed this proposed ordinance on 6/4/96 and requested staff look into the
specifications for speed humps.
First, I would like to bring to your attention the attached article from the Institute of Transportation Engineers
some reasons not to allow speed bumps.
Speed humps seem to be more acceptable for "traffic calming" and both the cities of Berkeley, CA and
Tallahassee-have instituted speed bump programs that require at least 75% of residents of the area to approve the
placement of a speed bump.
I would favor such a policy and the City Council should decide who gives final approval for the installation of a
speed hump.
Exhibits Attached-
Proposed
ttached:Pro sed ordinance; ITE article; Tallahassee article; Berkele article; letter from resident.
City Managers Office Department CCVFD/PUBLIC SAFETY
Cry ManUdminc«uclmoeti.�A6-06961banpe
7-29-1996 4: 1 1 PM FROM AMAR I. THER I AC. E I SEN 407 639 6690 P- 2
ORDINANCE NO.,--%
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 66, ARTICLE II, STREETS,
BY THE ADDITION OF A NEW SECTION 66-27, SPEED BUMPS,
PROHIBITING THE USE OF SPEED BUMPS Wrr [IN THE CI'T'Y LIMIT`S,
AMORTIZING EXISTING SPEED BUMPS WITHIN THE CITY, AND
-PROVIDING )NUR THE USE OF SPEED HUMPS; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABIL TY; AND PROVIDING FOR AN
EFk'ECTIVE DATE.
BE IT ORDAINI✓I), by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECU ?N 1. Section 66-27, meed 'Bumps, is hereby established under Chapter 66,
Article 11, Streets, as follows:
Sec. 66-27. Speed Bumps.
The use of speed bumps on private or public roadways or driveways within the
City is hereby expressly prohibited. Every speed bump lawfully permitted at the
time of the adoption of this Chapter Which violates or does not conform to this
Chapter shall be allowed to remain until such time as they are, in the opinion of
the Fire Chief or his designee, worn out or the pavement or surface of the public
or private roadway is being repaved or repaired. Notwithstanding the foregoing,
all speed bumps must be removed by . Speed humps shall be
permitted within the private and public roadways of the City, provided they are
constructed so that the speed hump is a minimum of twelve feet (12') in depth and
exceeds no more than three inches (3") in height. Plans depicting the proposed
speed bump shall be submitted and pre-approved by the Fire Department before
their installation.
SECTION 3_ Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 4. 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
07/29/96 16: 12 TX/RX N0.5889 P.002
7-29-1996 4: 12PM FROM AMARI. THERIAC. EISEN 407 639 6690 P. 3
City of Cape Canaveral
Ordinance No. -96
Page 2
be construed to have been a legislative intent to pass this Ordinance without such unconstitutional
or invalid part.
SECTION 5, This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1996.
John K. Porter, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett. CITY ATTORNEY
07/29/96 16: 12 TX/RX N0.5889 P.003
SPEED BUMPS Page 1 of 1
SPEED BUMPS
WHY SHOULDN'T WE HAVE SPEED BUMPS TO
SLOW DOWN THE HOTRODDERS?
The control of speeding in residential neighborhoods, while maintaining acceptably safe street
andfoadway conditions, is a wide-spread concern which requires persistent law enforcement
effort. The inability of posted speed limit signs to curb the intentional violator, leads to
frequent demands for installation of"speed bumps" in public streets and alleys. However,
actual tests of various experimental designs have demonstrated the physical inability of a
speed bump to control all types of light weight and heavy-weight vehicles successfully. In fact,
a softsprung sedan is encouraged to increase speed for a better ride,while some vehicles may
lose control.
California courts have held public agencies liable for personal injuries resulting from faulty
designs. Increased hazard to the unwary; challenges to the dare-devils; disruption of the
movement of both emergency and service vehicles; and undesirable increase in noise, have
caused speed bumps to be officially rejected as a standard traffic control device on public
streets and alleys.
-----------------------------------------------------------------
(Institute of Transportation Engineers)
Jun 10 1996 06:51 PM
Traffic Calming Begins http://www.state.fl.us/c. . .tion/june96/traffic.html
C:
Y = NEWS RELEASE
h;, OF TALLAt1 *6
ME
FOR IMMEDIATE RELEASE: June 18, 1996
CONTACT: Diana Hull, Public Information Administrator, 891-8533; or
Debbie Dantin, City Traffic Engineering, (904) 891-8261
TRAFFIC CALMING BEGINS
The City of Tallahassee Traffic Engineering Division is implementing new methods to slow traffic on
residential roads at the request of local neighborhoods. Tomorrow, construction of three speed humps
will take place along Terrace Street, between Sixth Avenue and Miccosukee Road. The speed humps are
a new traffic calming measure being instituted by the Traffic Engineering Division for the first time on a
public road. A speed hump is about 20 feet wide and 3 inches in height, and costs about 51,500 to build.
It is being used to slow cut-through traffic.
The action was the recommendation by the Residential Area Traffic Committee (RATC) which adopted
procedures and priority ranking criteria for the Traffic Calming Program in May. In order for a
neighborhood to become eligible for the program, a petition with 75 percent or more of the adjacent
resident's signatures must be submitted. A priority listing will be updated every six months by RATC.
The next traffic calming measure will occur along Woodgate Way near Huntington Drive during the
summer. A median installation and a reduction in the width of the pavement will be constructed to
address the long standing concerns of local neighbors.
Both of these traffic calming improvements have received neighborhood approval.
###
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1 of 1 07/21/96 14:06:41
Speed Humps http://www.ci.berkeley.ca.us/PW/humpsp.html
CITY OF BERKELEY
SPEED HUMPS
A speed hump is a design feature used on residential streets for the purpose of slowing down traffic. This
feature, as used in Berkeley, is an asphalt bump laying across the street. It is about twelve feet wide,
increasing in height to reach a maximum of three to three-and-one-half inches high in the center of the
street.
There are two basic categories of Speed Hump requests. One group has been defined as being within
regular traffic areas. The second group pertains to SPECIAL ENFORCEMENT areas. These are
locationstmpacted by special problems such as drug traffic. The status of the Speed Hump program can
be summarized as follows:
SPEED HUMP PROGRAM STATUS
As of September 1, 1995
The City Council, at their meeting on July 25, 1995, agreed with the recommendation to halt the wide.
spread implementation of Speed Humps. They favor conducting a thorough and comprehensive
evaluation of the Speed Hump program. This will include evaluating the experience to date regarding the
pros and cons of the use of Speed Humps and the criteria used to justify their approval and
implementation.
This evaluation will be completed by during the Spring of 1996. The results will be made public and staff
will report back to Council with the findings and recommendations. The evaluation will include exploring
the feasibility of using other ways of dealing with the question of speeding in addition to Speed Humps.
Though Traffic Engineering will still accept requests for Speed Humps, they will not be processed until
the Council decides how to proceed. Attached is a petition form.
f
1 of 1 07/21/96 14:01:22
Speed Hump Petition http://www.ci.berkeley.ca.us/PW/petition.html
PETITION
FOR
REQUESTING SPEED HUMPS
(Identify Street Between Intersections)
We, the undersigned, are residents of the above block. We understand that the City of Berkeley has
adopted a policy that SPEED HUMPS are recognized as one of the techniques which can be used to help
manage speeding along LOCAL streets.
t-
We understand that the City is accepting requests for SPEED HUMPS and that receiving petitions with
affirmative responses from at least two thirds (2/3) of the residential addresses in the affected block is
needed before the block can continue to be considered for SPEED HUMP installation."
Please send the completed PETITION sheets to the City of Berkeley, Department of Public Works,
Traffic Engineering, 2001 Addison Street, 3rd Floor, Berkeley, California 94704.
SIGNATURE/ COMPLETE ADDRESS DATE
PRINT NAME
1 of 1 07/21/96 14:00:52
JUN-19-96 WED 09 :02 AM FIUKINS 4077SX5145 P. 01
- e
June 19, 1996
Bennett Boucher, City Manager
Members of the Council
City of Cape Canaveral
Dear sirs:
During the 26 years I have lived in Harbor Heights I have complained to
the police about the flagrant disregard of the speed limit on Harbor Drive on
a number of occasions. I was naive enough to believe that somehow the police
could and would remedy the matter.
I must -- at this point -- concede that the police have not proved them-
selves capable of enforcing the law. Because speeders can spot police cars,
it is, admittedly, a difficult problem. And they haven't given it more than a
weak try a few times during the quarter of the century I have lived here.
The speed limit in Harbor Heights is 20 mph, a state law for residential
areas. Yet the average speed is 35-45 mph, with about one quarter of the
automobiles speeding between 45-55 mph, especially during early morning and
night hours.
Conditions took a serious turn for the worse about 5 years ago when the
city put a public parking area at the beach end of our no-outlet subdivision.
For the first time we began hosting hordes of beachgoers from orange and Smd-
nole counties, as well as many out of state visitors, each one of when thought
he would be lucky enough to get one of the 10 parking spaces. The county
traffic control told me that it was an absolute no-no for the city to have
done this. Because Harbor Drive is approximately 1 mile long and has only one
break, the temptation to speed is too great for most people, even some resi-
dents.
During the past year construction workers and tradesman working on the
home on the ocean at the end of Harbor Drive have exacerbated the problem. It
would appear that they believe Harbor Drive is an extension of AIA or S.R.
528. -Whey have shown utter contempt for a sign near the entrance of Harbor
Heights that says "20 nph" and 'Watch Out For Children."
The miracle is that no one has been killed. Recently, a woman with
young children looking for a house to buy told me that she would never pur-
chase a have on such a busy street with such high speed traffic. "Why don't
they do sanething about it?" she asked.
06/19/96 09:04 TX/RX N0.5351 P.001
JUN-19-96 WED 09 :03 AM FILKINs 4077835145 P. 02
Me is the living proof that the failure of the city to enforce the law
has brought down the value of our homes. I know that I -- with three young
children -- would never have bought a house on harbor Drive in 1970 if condi-
tions were as bad then as they are now.
It is now a certainty that the police cannot handle the problem. The
city should -- however late -- do something about it, and the only realistic
answer .is to put hurtms in the road, in the first block as well. Hums are
much less annoying than bumps; they merely slow people down. The argument
that the fire department, which may travel this road once a month at the most,
samehow has priority over people whose lives are put at risk by speeders many
times per day is ludicrous and outrageous.
I admit that I was derelict in not bringing this situation to the atten-
tion of the city immediately after the city put a public parking area at the
beach when it began attracting so many people contemptuous of the speed limit.
The problem must be solved before there are serious injuries or deaths,
and it appears that hua!ps are the only solution.
Very truly yours,
Helen S. Filkins
360 Harbor Drive
Cape Canaveral, FL
783-5145
f
06/19/96 09:04 TX/RX N0.5351 P.002
Meeting Type: Regular
Meeting Date: 08/06/96
AGENDA
Heading Ordinance-2nd Reading
Item 4
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 12-96, PRIVATE ENTRY GATES
DEPT./DIVISION: CCVFD/PUBLIC SAFETY
Requested Action:
That the City Council adopt this ordinance at second reading.
Summary Explanation& Background:
Fire Chief Dave Sargeant is requesting that the City Council enact this ordinance that establishes criteria for
private entry gates and provides for a one (1) year conformance for existing gates.
I recommend approval.
Exhibits Attached:
Ordinance No. 12-96
City is Office Department CCVFD/PUBLIC SAFETY
M.nlMminloamcil�meetingWB-069Eeot�arc
s
ORDINANCE NO. 12-96
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE H, ME
PREVENTION CODE, BY THE ADDITION OF SECTION 38-33, PRIVATE
ENTRY GATES, AND SECTION 38-34, CONFORMANCE; SETTING
FORTH THE CRITERIA FOR THE ALLOWANCE OF PRIVATE ENTRY
1-GATES WITHIN THE CITY; PROVIDING FOR AMORTIZATION OF
EXISTING PRIVATE ENTRY GATES WITHIN THE CITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; 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. Section 38-33, Private Entry Gates, is hereby added to the Code of
Ordinances of the City of Cape Canaveral, Florida, in Chapter 38, Article II, as follows:
Sec. 38-33. Private Entry Gates.
Private entry gates shall be permitted within the City as long as they meet the
following:
(1) The gates do not interfere with the twenty (20) feet of unobstructed access
which is required under the Fire Prevention Code.
(2) The private entry gates shall be siren activated for emergency vehicles.
(3) Private entry gates shall provide for access by public vehicles during
non-emergency operations.
(4) Private entry gates shall provide for emergency vehicle access during
periods of power outages without delay. Private entry gates shall open when
power fails and remain open until power is restored.
SECTION 2. Section 38-34, Conformance, is hereby added to the Code of Ordinances
of the City of Cape Canaveral, Florida, in Chapter 38, Article II, as follows:
City of Cape Canaveral
Ordinance No. 12-96
Page 2
Sec. 38-34. Conformance.
All private entry gates erected within the city limits shall conform to this Chapter.
,_Every private entry gate lawfully permitted at the time of the adoption of this
Chapter, which violates or does not conform to this Chapter, shall be removed, or
altered, or replaced, so as to conform with this Chapter within one (1) year from
the effective date of this Ordinance.
SECTION 3. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 4. 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 5. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1996.
ATTEST:
Sandra O. Sims, CITY CLERK John K. Porter, MAYOR
Approved as to Form:
-Kolin Bennett, CITY ATTORNEY _
The Orlando Sentinel =
Published Qpjly22
jr
§§.C§tate o f_Roil ya l NOTICE RI
tate ` V PUBLIC HEARING
S.S. The City COuncll_ol the C�of_
COUNTY OF ORANGE Cape Canaveral, Florida will•
hold a Public Hearing9 for the
V07,0231.0
of enacting&10oance
No.12-98,at the City Hall An-
Before the undersi hor t' r Hall appeared nax,111 Polk Avenue,cape Ca-
Before
Y PP n r.August Florida on Tueada ,
August in 1918,+t 7:00 R.
who on oath says The ordinance In Its entirety
that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally may be Inspected at the Office
news a er published at C 0 CO A in of I a city Dark during regular
BR1=�i,�R working hours (8:30 a.m. to
Count Florida; s:oo pp m. Monday-Fridays.
that the attached co of advertisement bein a C E PUBLIC ' ORDINANCE NO.12-98
fy }, g AN ORDINANCE OF THE
in the matter of t,CIST 1,1 199 1:' CITY OF CAPE CANAVER-
AL, BREVARD COUNTY
FLORIDA, AMENDINd
in the BREVARD Court, CHAFIRE PPREVERTION CODTER 38 ARTICLE E
was published in said newspaper in the issue;of T SBY THE ECTION 38-33DI PRIVATE
ENTRY GATES,AND SEC-
TION 38-34 CONFOR-
ME CRITERIA FOR THE
Affiant further says that the said Orlando Sentinel is a newspaper published at ALLOWANCE OF PRIVATE
0 L O A ENTRY GATES WITHIN
In said THE CITY, PROVIDING
BREVARD County, Florida, FOR AMORTIZATION OF
EXISTING PRIVATE EN.
and that the said newspaper has heretofore been continuously published in _TRY ATES WITHIN THE
saidFIRE 1l AR DCITY- PROVIDING FORS
County, Florida, REPErAL OF CONFLICT-
each Week Dayy and has been entered as second-class mail matter at the post NG ORr NAN ESf IN
office in COM in said PROVIDING FOR SEVER....
_BREVARD Count , FlOflda, ABILITY•ANDPROVIDING
Y FOR 'AN ' EFFECTIVE
for a period of one year next preceding the first publication of the attached DATE.
Interested parties are Invited to
copy of advertisement; and affiant further says that he/she has neither paid attend this meeting and be
nor promised any person, firm or corporation any i ount, rebate heard.An Parson who decides
f ' to appeal any decision made
commission or refund for th se of securi this erti em for with respect to any matter con-
publication in the said news aper. sidered at this meeting will need
to ensure that a verbatim record
of the proceedings Is made,
which record Includes the testl-
mony and evidence upon which
The foregoing instrument w ackn ledged before me-this day of the appeal Is to be based.
Sandra Rozar Sims,CMC
J ITA ROSADO cittyy clerk
8RE1047778 JULY19 1998•
A who is personally known to me and who. Id a an oat
SUSAN K. WENTZ L(SE NOTARV My Comm Exp. 11/2,'/97
y PUBLIC a Bonded By Service Ins
rF OF FO� No. CC332326
1!PeYso dr Knsrrn 1 1 other I.D.
y4pCE
Ci
ty of Cape Canaveral
E '•a_ r 105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
ON CWVEW
MEMORANDUM
DATE: JULY 18, 1996
TO: DAVE SARGEANT
FIRE CHIEF
FROM: BENNETT C. BOUCHER
CITY MANAGER
SUBJECT: PRIVATE ENTRY GATE ORDINANCE
The attached version of this ordinance was approved at first reading last night. The City Council
requested that people affected by the one year compliance provision of this ordinance be notified, in
writing, of the August 6 City Council Meeting for the second and final reading of this ordinance.
Thank you for your cooperation.
BCB:kmm
Attachment
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
M
ap
Xy,
t=y
MEMO TO: Bennett Boucher, City Manager
Mayor and Members of City Council
FROM: Deborah Haggerty Barker, City Treasurer �f
DATE: July 25, 1996
RE: BUDGET AMENDMENTS FOR QUARTER ENDING 06/30/96
Attached for your consideration is a brief list of suggested budget
amendments for fiscal quarter ending 06/30/96 . Only those items
representing a significant change in fiscal policy have been
adjusted.
GENERAL FUND
REVENUE:
Per audit comment, a separate line item has been added to itemize
occupational license revenue received from Brevard County. Funding
from Brevard County materialized during this quarter in the amount
of 21K for subsidization of the ballpark fence. Donations for the
youth center facility have been segregated to illustrate the offset
of expenses .
The remainder of the general fund revenues are being collected
within acceptable parameters with an overall collection percentage
of 69%.
EXPENSES:
RECREATION: The Recreation Departmental budget has been
supplemented to absorb the unanticipated costs associated with the
youth center 'facility and the deck that was constructed" thereto.
Costs associated with the project have totaled to 17K effective
this date.
NON-DEPARTMENTAL: The "FEMA Expenses" line item has been
subsidized to absorb hurricane disaster expenses that have carried
forward from the prior year. All repair/replacement projects
associated with Hurricane Erin are close to completion; all
projects will be concluded by the end of the fiscal year. "Ethics
Case Reimbursement Fees" have been allocated to cover reimbursement
expenses of legal fees to the City Manager in correlation with the
P-indziak ethics complaint. "Transfer to Capital Improvement Fund"
has been increased by 21K for the ballpark fence replacement, based
on funds received by the County this quarter. The general fund
"contingency" account has been downsized accordingly to support
additional general fund expenses incurred this quarter.
' Budget Amendments Quarter 06/30/96
Page No. 2
CAPITAL PROJECTS FUND
The "Capital Equipment Recreation Department" line item has been
supplemented for ballpark fence replacement expenses, transferred
from the general fund as explained above.
WASTEWATER DEPARTMENT
REVENUE:
Per audit comment, an accounts receivable line item was established
for sewer reconnection fees billed to customers, hence a
commensurate revenue account was created accordingly.
EXPENSES:
Funds have been tapped as needed from the "Expansion Fund Costs"
account to cover "Construction in Progress" draw payments on the
Wastewater Plant currently under construction. The first of (40)
semi-annual State Revolving Loan Fund repayment installments was
due July 1, 1996--this installment exceeded initial expectations
due to amendments 1 and 2 of the original SRF loan. Sewer Fund
"Contingency" was increased to absorb additional revenue as cited
above.
All other Special Revenue and Trust Funds are in accordance with
budgeted projections and were not in need of amendments for the
June 1996 quarter.
As we close the third quarter of the 1995-96 fiscal year, the
general fund budget has been expanded to encompass numerous
unbudgeted projects. In light of supplemental disbursements, the
general fund completes the June 1996 quarter of the year in a
positive financial position with aggregate revenues collected in
excess of expenditures by $86,501.
The Wastewater Fund also completes the June 1996 quarter of the
fiscal year in an appropriate fiscal position. State Revolving
Loan Fund activity has been significant as expected. The majority
of expenses associated with the Wastewater Plant expansion will be
realized by the close of the 1995-96 fiscal year.
As always, thank you for the opportunity to keep you apprised of
the City's financial position effective June 30, 1996.
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03/31/96 AMENDMENTS Q:06/30/96
001-311,111 AD VALOREM TAX-POLICE 161,088 161,088
001-311,112 AD VALOREM TAX-FIRE 161,088 161,088
001-312.41 LOCAL OPTION GAS TAX 163,390 163,390
001-312.42 LOCAL ALT.FUEL USER FEE 250 250
001-313.1 FPL FRANCHISE FEES 335,000 335,000
001-313.2 SOUTHERN BELL FRANCHISE FEES 9,500 9,500
001-313.3 CITY GAS CORP.FRANCHISE FEES 13,500 13,500
001-313.4 CABLE TELEVISION FRANCHISE FEE 34,000 34,000
001-314.1 FPL UTILITY TAX 475,000 475,000
001-314.2 SOUTHERN BELL UTILITY TAX 95,000 95,000
001-314.4 BOTTLED GAS UTILITY TAX 22,000 22,000
001-319.11 TAX PENALTY-POLICE 500 500
001-319,111 TAX PENALTY-FIRE 300 300
001-321.1 OCCUPATIONAL LICENSE FEES 40,000 40,000
001-32f..'I 1 COUNTY OCCUPATIONAL LICENSE FEE 0 3,800 3,800
001-321.2 VEHICLE FOR HIRE FEES 0 0
001-322.1 BUILDING PERMITS 80,000 80,000
001-329.1 FIRE ALARM PERMITS 2,000 2,000
001-329.2 FIRE INSPECTION FEES 12,500 12,500
001-331.2 COPS FAST GRANT 26,305 26,305
001-331.5 FEDERAL DISASTER RELIEF 26,601 26,601
001-334.1 DCA EAR GRANT 10,551 10,551
001-334,391 STATE RECYCLING GRANT 10,000 10,000
001-334,392 TDC DUNE CROSSOVER GRANT 0 0
001-334.7 RECREATION GRANT 50,000 50,000
001-335.11 .02 CENT CIGARETTE TAX 22,500 22,500
001-335,121 STATE CIGARETTE TAX 93,000 93,000
001-335,122 MUNICIPAL GAS TAX 50,500 50,500
001-335.14 MOBILE HOME LICENSES 6,500 6,500
001-335.15 ALCOHOLIC BEVERAGE LICENSES 6,000 6,000
001-335.18 LOCAL 1/2 CENT SALES TAX 318,100 318,100
001-335.41 MOTOR FUEL TAX REBATE 2,500 2,500
001-335.7 BREVARD COUNTY BALLPARK FENCE 0 21,000 21,000
001-341.3 SALES OF MAPS&PUBLICATIONS 500 500
001-341.4 COPIES OF ORD.&PHOTOCOPIES 400 400
001-343.4 GARBAGE REVENUE INCOME 503,000 503,000
001-343.45 RECYCLING FEE REVENUE 155,000 155,000
001-343,451 RECYCLED PRODUCT REVENUE 15,000 15,000
001-343.9 LOT CLEARING&MOWING FEES 6,500 6,500
001-344.9 BREVARD CO.SIDEWALK PROJECT 86,400 86,400
001-347,211 RECREATION PROGRAMS 9,500 9,500
001-347.26 TENNIS COURT RENTALS 8,700 8,700
001-347,291 RACQUETBALL COURT RENTALS 10,400 10,400
001-347,292 SHUFFLEBOARD COURT RENTALS 1,000 1,000
001-347,293 TOURNAMENT INCOME 5,000 5,000
001-347,295 RECREATION EQUIPMENT RENTALS 125 125
001-347,296 TENNIS/RACQUETBALL LEAGUE 6,300 6,300
001-347.49 RECREATION SPECIAL EVENTS 1,700 1,700
001-347.59 RECREATION FACILITY RENTAL 500 500
001-351.1 FINES&FORFEITURES 45,000 45,000
001-354.1 VIOLATIONS OF LOCAL ORDINANCES 1,500 1,500
001-360.2 VENDING MACHINE INCOME 700 700
001-360.3 RECREATION RETAIL SALES 1,300 1,300
001-360.4 PROMOTIONAL ITEMS FOR RESALE 2,000 2,000
001-360.41 CONCURRENCY MANAGEMENT FEES 8,500 8,500
001-361.1 INTEREST INCOME 55,000 55,000
001-361.31 TAX INTEREST-POLICE 300 300
001-361,311 TAX INTEREST-FIRE 200 200
001-361.3112 INTEREST INCOME-FIRE 0 0
001-361,312 INTEREST INCOME-POLICE 0 0
001-364.49 SALES OF FIXED ASSETS 2,000 2,000
001-366.2 YOUTH CENTER DONATIONS 0 1,800 1,800
001-369.1 MISCELLANEOUS INCOME 5,200 5,200
001-369.2 SITE PLAN REVIEW INCOME 12,000 12,000
001-369.3 REFUND OF PRIOR YEAR EXPENSES 5,000 5,000
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03/31/96 AMENDMENTS Q:06/30/96
U01-369.91 PAY TELEPHONE COMMISSION 209
001-380.1 TRANSFER FROM SEWER FUND 40,000 40,000
001-380.2 TRANSFER FROM FIRE TRUST FUND 36,000 36,000
001-384.2 APPROPRIATED FUND BALANCE 60,557 60,557
TOTAL GENERAL FUND REVENUE 3,429,787 26,600 3,456,387
t-
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03131/96 AMENDMENTS 0:06/30/96-
U01-11-572.12 REGULAR SALARIES&WAGES 90,115 9UTT-1-
001-11-572.14 OVERTIME 1,200 1,200
001-11-572.21 F.I.C.A.TAXES 6,986 6,986
001-11-572.22 REITIREMENT CONTRIBUTION 4,320 4,320
001-11-572.23 LIFE&HEALTH INSURANCE 5,735 5,735
001-11-572.24 WORKER'S COMPENSATION 8,031 8,031
001-11-572,314 PHYSICALS 400 400
001-11-572,343 LIFEGUARD CONTRACT 8,345 8,345
001-11-572.4 TRAVEL&PER DIEM 700 700
001-11-572.41 COMMUNICATIONS SERVICE 1,185 1,185
001-11-572.42 POSTAGE 450 450
001-11-572.43 UTILITIES 13,860 13,860
001-11-572.45 GENERAL INSURANCE 4,400 4,400
001-11-572,461 BUILDING&GROUNDS MAINTENANCE 2,800 2,800
001-11-572,462 EQUIPMENT MAINTENANCE 550 550
001-11-'572.51 OFFICE SUPPLIES 355 355
001-11-572.52 OPERATING SUPPLIES 5,100 5,100
001-11-572.5211 SPECIAL EVENTS 12,000 12,000
001-11-572.5216 SUMMER RECREATION PROGRAM 3,520 3,520
001-11-572,523 UNIFORMS 145 145
001-11-572,524 MOTOR FUEL 175 175
001-11-572,528 TOURNAMENT EXPENSE 4,000 4,000
001-11-572.54 MEMBERSHIPS&TRAINING 400 400
001-11-572.62 YOUTH FACILITY 5,900 10,100 16,000
001-11-572.63 FACILITY IMPROVEMENTS 1,800 1,800
001-11-572.64 CAPITAL ITEMS 0 0
TOTAL RECREATION DEPT 182,472 10,100 192,572
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03/31/96 AMENDMENTS Q:06/30/96
001-17-901.14 SPECIAL PAY 7,000 7,000
}_ 001-17-901.16 CHRISTMAS BONUS SPECIAL PAY 2,220 2,220
001-17-901.25 UNEMPLOYMENT COMPENSATION 1,000 1,000
001-17-901.31 PROFESSIONAL SERVICES 940 940
001-17-901.3112 GRANT WRITING SERVICES 5,052 5,052
001-17-901.311 SR A1A LANDSCAPE DESIGN 14,000 14,000
001-17-901.4623 FEMA EXPENSES 0 8,000 8,000
001-17-901.49 MISCELLANEOUS 1,500 1,500
001-17-901.491 ADJUSTING MISC.EXPENSE 0 0
001-17-901.492 ETHICS CASE REIMBURSEMENT FEES 0 4,589 4,589
001-17-901.911 TRANSFER-CAP.IMPRVMNT.FUND 278,800 21,000 299,800
001-17-901.99 CONTINGENCY 96,623 (17,089) 79,534
TOTAL FOR NON-DEPARTMENTAL 407,135 16,500 423,635
r-
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03/31/96 AMENDMENTS Q:06130/96
301-361.1 INTEREST INCOME 0
301-380.5 TRANSFER FROM GENERAL FUND 278,800 21,000 299,800 •
TOTAL FOR CAPITAL PROJECTS FND 278,800 21,000 299,800
t-
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03/31196 AMENDMENTS Q:06/30/96
301-25-513-b44 CAPITAL EQUIPMENT-ADMIN 8,ow
8,000
301-25-522.64 CAPITAL EQUIPMENT-SHERIFF s 64,500 64,500
301-25-522.644 CAPITAL EQUIPMENT-FIRE DEPT 49,900 49,900
301-25-541.646 CAPITAL EQUIPMENT-STREET DPT-- 106,400 106,400
301-25-572.644 CAPITAL EQUIPMENT-RECREATION FRDA 50,000 50,000
301-25-572.645 CAPITAL EQUIPMENT-RECREATION 0 21,000 21,000
TOTAL FOR CIP FUND 278,800 21,000 299,800
1-
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03131/96 AMENDMENTS Q:06/30/96
401- .1 CASH FORWARD 0
401-334.393 STATE REVOLVING LOAN PROCEEDS 7,427,668 7,427,668 0
401-343.51 UTILITY OPERATING INCOME 1,582,000 1,582,000
401-343.52 UTILITY PENALTY INCOME 25,000 25,000
401-343.53 SEWER ASSESSMENT FEES 250,000 250,000
401-343.55 OFF-SITE SEWAGE PUMPING CHRGS 1,500 1,500
401-361.11 INTEREST INCOME-EXPANSION FD 10,000 10,000
401-361.13 INTEREST INCOME-R&R FUND 2,000 2,000
401-361.14 INTEREST INCOME-REVENUE FUND 20,000 20,000
401-369.3 REFUND OF PRIOR YEAR EXPENSES 1,000 1,000
401-369.5 UTILITY SERVICE TERMINATION FEES 0 5,400 5,400
401-369.9 MISCELLANEOUS INCOME 2,000 2,000
TOTAL SEWER REVENUE 9,321,168 5,400 9,326,568
ACCOUNT DESCRIPTION BUDGET BUDGET BUDGET
NUMBER Q:03131/96 AMENDMENTS Q:06130/96
401-19-901.631 COLLECTION SYSTEM IMPROVEMENTS 400,000 .- 4
401-19-901.644 EXPANSION FUND COSTS 4,600,000 (2,123,150) 2,476,850 •
401-19-901-65 CONSTRUCTION IN PROGRESS 2,998,000 2,069,000 5,067,000
401-19-901.71 PRINCIPAL 1966 BOND ISSUE 20,000 20,000
s
401-19-901.711 SRL FUND DISBURSEMENT 209,042 54,150 263,192
401-19-901.722 INTEREST 1966 BOND ISSUE 530 530
401-19-901.73 PAYING AGENTS FEES 250 250
401-19-901.9 BAD DEBT EXPENSE 0 0
401-19-901.91 TRANSFER TO GENERAL FUND 40,000 40,000
401-19.901.99 CONTINGENCY 0 5,400 5,400
TOTAL SEWER EXPANSION 8,267,822 5,400 8,273,222
Meeting Type: Regular
Meeting Date: 08/06/96
AGENDA
Heading Considerations
Item 6
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PERMIT EXTENSION FOR TRICON DEVELOPMENT, INC. (SAND DUNES CONDO)
DEPT./DIVI91ON: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council grant a 90-day permit extension for Tricon Development, Inc. as requested in the attached
correspondence.
Summary Explanation & Background:
I concur with the building official's recommendation for this extension.
Exhibits Attached:
Building official's memo dated 07/08/96; Tricon's letter dated 07/03/96.
City hr's Office Department BUILDING DEPT/PUBLIC
j9i 7 SAFETY
el
iry ManlAdminaamcilmeeT"�696tricon
M E M O R A N D U M
r-
DATE: July 8, 1996
TO: Bennett Boucher, City Manager
FROM: G. J. Moran, Building Official
V
SUBJECT: TRICON DEVELOPMENT (SAND DUNES PROJECT)
TEMPORARY PERMIT (#95-00060)
CONSTRUCTION TRAILER- 2ND EXTENSION REQUEST
------------------------------------------------------------------------------
Referencing the above request (see attached letter dated July 3, 1996) relating to a
ninety (90) day extension to a temporary permit, I am of the opinion, in view of
the existing amendment to the Standard Building Code, Section 104.6.1 that the
City Council review and consider this request at the next scheduled Council
meeting.
The Building department has no objections to the granting of this 2nd request.
GJM:sIc
TRICON DEVELOPMENT, INC.
P,O. BOX 320637
COCOA BEACH, FL 32932-0637
(407)453-5360
(407)4'-53-3618
filly 3, 1096
City of Cape Canaveral
Building Department
105 Polk Avenue
R0..Box'326
Cape [;anavera7,.FL 32920-0326
AT'T'ENTION: G.7. "Whitey"Moran, Building pffi.ciaJ
REFBRENCE Sand Denies Con'dominium
Tenyoraiy Sales/Const'ruction Traitor
bear Mr. Moran,.
On August 5, 1996 our(96)day pernjit ##9600060, fo:r tl)e sales traitor located
at 425 13u611arion Avenue, Cape Canaveral; FL 32920 ex-t)zres.
We respecfi lly request a:(90) day extension to this permit. Thank you in advance
for your consideration of thia:utter. =
If You have i n�questi.ons dd-not hesitate to contact me at this office.
Alan.R: Vinacke
-Project.manager
y. 1
i •
0 IV
t-
M E M O R A N D U M
DATE: April 29, 1996
TO: Bennett Boucher, City Manager
FROM: G. J. Moran, Building Official
SUBJECT: TRICON DEVELOPMENT (SAND DUNES PROJECT)
TEMPORARY PERMIT (#95-00060) CONSTRUCTION
TRAILER - EXTENSION REQUEST
------------------------------------------------------------------------------------
----------------------------
Referencing the above request (see attached letter dated 4-11-96) relatingto a ninety
(90) day extension to a temporary permit, I am of the opinion, in view of the existing
amendment to the Standard Building Code, Section 104.6.1 (see attached memo
dated 4-22-96) that City Council review and consider this request at May
1996 Council Meeting. The Building Department has no objections to the granting o�
this request. g f
GJM:slc
.3Y
•i
- x
r'leeting Type: Regular
Meeting Date: 08/06/96
AGENDA
Heading Considerations
Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ONE-CENT SALES SURTAX FOR COUNTY JAIL
DEPT./DIVISION: LEGISLATIVE
F
ested ActionCouncil to decide whether or not to support the Brevard County Referendum on this issue.
Summary Explanation & Background:
The action was requested by Mark Cook, Chairman of the Board of County Commissioners per the attached
letter and draft interlocal agreement.
Please advise.
Exhibits Attached:
County Commission letter; Interlocal Agreement
City ger's Office_--) Department LEGISLATIVE
City Man\Admin\.,,-al mwting\08-W961coeurtax.doc
BREVAR OPrwggp
BOARD OF COUNTY COMMISSIONERS 'A =�p
FLORIDA'S SPACE COAST Q .� z
Commissioner District 4,2725 St.Johns St.,Melbourne,FL 32940 (407)633-2044 W y
FAX(407)633-2121
July 25, 1996
�oR►OP'
The Hgnorable John Porter
Mayor, City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920-0326
RE: Sales Surtax for County Jail
Dear Mayor Porter:
As you knowthe Brevard County Board of County Commissioners has been moving forward
with a plan to put to referendum a one-cent surtax for a period of six months for the sole
purpose of raising revenues for the construction of an additional pod at the existing County
jail.
The County Commission intends to take the necessary steps to set the one-cent sales
surtax referendum for the November 5th general election.
The Board has directed me, as its chairman, to contact the mayor and city council of each
municipality in order to obtain a formal position of support or non support for the jail surtax
referendum. I am, therefore, requesting you, as the Mayor of your city, to seek a formal.
vote from your city council on this issue on or before August 23, 1996. It is the Board's
intent to proceed with the referendum if the necessary number of municipalities provide
formal votes of support for the jail referendum and indicate their willingness to enter into
an interlocal agreement which would provide for the distribution of the surtax to be
expended solely for the jail construction project.
We need support from the city councils representing a majority of the municipal population.
The City of Palm Bay has already taken a formal vote supporting the jail referendum. If you
have any questions please feel free to contact me.
Sincerely,
Brevard County Board of County Commissioners
-4VM
Mark Cook, Chairman
cc: Board of County Commissioners
MCIslg/c07961 a
PRINTED ON RECYCLED PAPER
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, made and entered in to this day of
1996, by and between the Board of County Commissioners of Brevard County, Florida, a political
subdivision of the State of Florida, hereinafter referred to as "County" and the City of Cape Canaveral,
Florida, a municipality located in within Brevard County, Florida, hereinafter referred to as "City."
WITNESSETH
WHEREAS,the Board of County Commissioners of Brevard County, Florida, has been granted
the authority under Section 212.055 (2)(a), Florida Statutes, to levy a discretionary infrastructure sales
surtax of one cent pursuant to an ordinance enacted by the majority of the members of the Board of County
Commissioners of Brevard County and approved by the majority of electorates of the County voting in a
referendum on the surtax; and
WHEREAS, the Board of County Commissioners of Brevard County, Florida deem that the
citizens of Brevard County are in need of financing, planning, constructing and improving the Brevard
County jail facilities as permitted under Section 212.055(2)(a), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Brevard County, Florida, feel that such an
infrastructure project is most equitably funded by revenue sources other than an ad valorem taxation; and
WHEREAS,the Board of County Commissioners of Brevard County, Florida, will enact a Brevard
County ordinance imposing a one cent discretionary infrastructure sales surtax for a period of six (6)
months from the date of levy for the purposes expressed above, subject to the approval of said surtax by
a majority vote of those qualified electors of Brevard County voting in a referendum to be held on
November 5, 1996; and
WHEREAS,if such referendum is approved,said one cent discretionary infrastructure sales surtax
shall be imposed and collected county-wide, commencing on April 1, 1997 and continuing thereafter for
a period ending six (6) months (two calendar quarters) after said initial levy; and
WHEREAS,the Board of County Commissioners of Brevard County, Florida, deems it in the best
interest of all the citizens and residents of Brevard County, Florida, that the proceeds of the one cent
discretionary infrastructure sales tax if approved by the qualified electorates of Brevard County voting in
the above referenced referendum to be held on November 5, 1996, shall be used solely to fully fund the
construction of improvements and an addition to the County jail facilities thereby serving all the citizens
of Brevard County, Florida.
NOW, THEREFORE, the County and the City hereby agree as follows:
(1) That the parties hereby acknowledge that the County has taken or will take such
action as is necessary to place the issue of a levy of a one cent discretionary infrastructure sales surtax
before the voters of Brevard County on the ballot in a referendum election to be held during on November
5, 1996.
(2) If the levy of the one cent discretionary infrastructure sales surtax is approved in
the said referendum,and upon implementation by ordinance of the sales surtax by the County, the proceeds
of said surtax shall be paid solely to Brevard County by the Department of Revenue in order to fully fund
eligible costs of the construction of improvements and an addition for expansion of the Brevard County
jail facilities to adequately serve the jail needs of the County for the welfare and public safety of all the
citizens of Brevard County.
(a) Eligible projects or Asts shall be deemed only to include the jail expansion
and improvements project and costs approved by the voters and permitted by Chapter 212, Florida
Statutes and other State law pursuant to the infrastructure sales surtax provisions.
(b) Nothing in this Agreement is intended to limit any power of the County or
any City, but is intended to achieve by interlocal agreement the distribution of the funds collected as a
discretionary infrastructure sales surtax as permitted by Section 212.055(2)(c)(1), Florida Statutes.
(c) Nothing in this Agreement shall impair or diminish any right of the County
to utilize the funds derived hereunder, if otherwise eligible, to pay the eligible costs of issuance of bonded
s
indebtedness, site improvements, architectural, engineering, surveying, administration or legal services
relating to the jail expansion and improvements project.
(3) This one cent discretionary infrastructure sales surtax will be levied from April 1,
1997 to September 30, 1997, unless an earlier commencement date is approved by the Department of
Revenue, in which event the tax will be levied for six months thereafter.
(4) The County shall notify the Department of Revenue that said Department is
directed and authorized to distribute the proceeds of the approved one cent discretionary infrastructure
sales surtax to the County as set forth in paragraph two above.
(5) That this Agreement,and the distribution formula provided for herein, shall remain
in full force and effect for so long as the one cent discretionary infrastructure sales surtax referred to above
shall remain in effect and proceeds thereof remain undistributed,or for so long as the parties hereto comply
with the terms of this Agreement.
IN WITNESS WHEREOF, this Interlocal Agreement has been fully executed on behalf of the
County and the City by their duly authorized representatives on the respective dates below.
ATTEST BREVARD COUNTY BOARD OF
COUNTY COMMISSIONERS
Sandy Crawford, Clerk Mark Cook, Chairman
DATE:
ATTEST CITY OF CAPE CANAVERAL
By:
City Clerk John Porter, Mayor
DAVE:
Meeting Type: Regular
Meeting Date: 08/06/96 r
AGENDA
Heading Discussion
Item 8
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT WITHIN M-1
t-
ZONING DISTRICT TO ALLOW FOR DAY CARE CENTERS
DEPT./DIVISION: Mayor Pro Tem Randels
Requested Action:
Summary Explanation & Background:
Exhibits Attached:
City Manager's Office Department
Meeting Type: Regular
Meeting Date: 08/06/96 •
AGENDA
Heading Discussion
Item 9
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES
DEPT./DIVIS'ION: Mayor Porter
Requested Action:
Summary Explanation& Background:
f
Exhibits Attached:
City Manager's Office Department
ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY
AMENDING SECTION 110-171, ESTABLISHMENTS SERVING
ALCOHOLIC BEVERAGES; ESTABLISHING EXCEPTIONS TO
CERTAIN DISTANCE REQUIREMENTS; PROVIDING FOR
{_SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES AND RESOLUTIONS; 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. Chapter 110, Zoning, Article IV, Special Exceptions, Division 2,
Alcoholic Beverages, Section 110-171, Establishments Serving Alcoholic Beverages,
Subsection (2), is hereby deleted in its entirety, and the following is adopted in lieu thereof:
(2) On-premises consumption of alcoholic beverages shall not be located within 2,000
feet of any other licensed establishment. The distance between any two licensed
establishments shall be measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of each such establishment.
Further, a licensed establishment shall be in compliance with Florida Statutes
Chapters 561 through 568. Provided, however, exceptions to this subsection are:
a. Restaurants seating 200 or more persons.
b. Hotels and motels with 50 or more guest rooms.
C. Restaurants licensed by the State of Florida for consumption on premises
of beer and wine only, provided the following are complied with:
1. The restaurant shall derive at least fifty-one percent (51%) of its
gross revenue from the sale of food and non-alcoholic beverages.
Such percentage shall be determined by calculating the average
monthly gross revenue from the sale of food and non-alcoholic
beverages for the previous twelve month period. This information _
shall be submitted as a condition precedent to the issuance of the
annual renewal of the occupational license or at any time at the
request of the City Manager to verify the sales revenue. If the
requested information is not provided within twenty (20) days of
City of Cape Canaveral
Ordinance No. -96
Page 2
the City Manager's request, then this special exception shall be
revoked.
1_ 2. The primary operation of a licensed restaurant under the conditions
of this subsection shall be for the preparation, cooking and serving
of meals to the general public and not primarily the sale of beer
and wine beverages.
3. No area within the restaurant shall be designated for a bar or
lounge operation. Tables shall be of adequate size to
accommodate the service of full course meals in relation to the
number of chairs found at that table.
4. Wine or malt beverages shall be served with meals only.
5. Consumption of food and malt beverages or wine shall be on-
premises only; however, food carryout without the alcoholic
beverages may be permitted.
d. Chapters or incorporated clubs or veteran fraternal organizations
conforming to Florida Statutes 565.02(4).
SECTION 4. 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 5. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of 1996.
. City of Cape Canaveral
Ordinance No. -96
Page 3
ATTEST:
Sandra O. Sims, CITY CLERK John K. Porter, MAYOR
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
§ 1104171 CAPE CANAVERAL CODE
t
ment to the closest lot line of the church, source of income is consistent with
schoolgrounds or playgrounds by following this subsection.
the shortest route to ordinary pedestrian 5. Sale or consumption of malt bev-
travel along the public thoroughfare,street erages and wine shall be limited
or road. to the time period set by chapter 6.
Chapters or incorporated clubs or vet-
(2) The esorganizations con-
tobacco permitting on-premises consump-
tion of beverages shall not be located within (3) Package retail sales of alcoholic beverages
2,000 feet of another establishment so li- for carryout,except for beer and wine sales,
` ceased. The specific distance shall be mea- shall comply with subsections (a)(1),
sured following the shortest route to ordi- (a)(2)c.5.,(a)(4),(a)(5)a.3.and(a)(5)a.5.of this
nary pedestrian travel along the public section only.
thoroughfare, street or road from the main
VIi entrance of the establishment to the main (4) One parking space shall be provided for
entrance of the establishment similarly li- each three seats or seating places.All seats
censed by the state division of alcoholic bev- or seating places,whether located within a
erages and tobacco. Exceptions to this sub- restaurant area or a bar/lounge area, will
section are: be included in the calculation of the re-
a. Restaurants seating 200 or more per- quired number of parking spaces. Package
sons. retail sales establishments shall provide
b. Hotels and motels with 50 or more parking as determined by the building of-
guestrooms. ficial, who shall use the ratios established
in
c. Restaurants licensed by the state divi- article IX of this chapter.
sion of alcoholic beverages and tobacco (5) Each application for a special exception
for malt beverages only or malt bever- shall be accompanied by a vicinity map, a
ages and wine only, provided the fol- site plan map and a building floor plan.
lowing are complied with:
1. Seating capacity of the establish- a. The vicinity map shall be drawn at a
ment shall be at least 50 or more scale of one inch equals 400 feet and
for restaurant purposes only. No shall indicate the following informa-
area within the establishment may tion:
be specifically designed for a bar 1. The outer boundary of the vicinity
or lounge operation. map, which shall be at least 2,500
2- Wine or malt beverages shall be feet from the centroid of the pro-
served with meals only. posed establishment's property.
3. Consumption of food and malt bev- 2. Location of all existing public
erages or wine shall be on-premises streets between the proposed es-
only; however, food carryout tablishment and other establish-
without the alcoholic beverages ments and land uses as described
may be permitted. in subsections (a)(1) and (a)(2) of
4. Fifty percent or more of income this section.
- shall be from the on-premises con- 3. Location of all existing churches,
sumption of food;sworn statements schoolgrounds or playgrounds
accompanied by appropriate sales which are within the vicinity map
records shall be submitted to the area with specific distances to the
city clerk,at the request of the city proposed establishment affixed per
manager, verifying the major subsection (a)(1) of this section.
CD 110:24
I Ch 564 WINE F.S.1995
f1� i CHAPTER 564
�+ WINE r
564.01 Definitions. (e) Vendors operating places of business where
fl 564.02 License fees; vendors; manufacturers and consumption on the premises is permitted in counties
distributors. having a population of over 25,000 and less than 50,000,
1 564.025 Surtax on license fees. according to the latest population estimate prepared
564.03 Wines; sacramental and religious purposes. pursuant to s. 186.901, for such county, shall pay$160. :�
564.04 Labeling regulations; wine. (f) Vendors operating places of business where -
564.041 Brands or labels to be registered;qualification consumption on the premises is permitted in counties
to do business; fee; revocation. having a population of less than 25,000,according to the
i 564.045 Registration as primary American source of latest population estimate prepared pursuant to s.
{1 I supply. 186.901, for such county, shall pay$120.
564.05 Limitation of size of individual wine contain- (2) Each wine manufacturer authorized to do bust
ness under the Beverage Law shall pay an annual state ` .
(I ers; penalty.
564.06 Excise taxes on wines and beverages. license tax for each plant or branch he may operate,as
ii
564.07 Wine lists furnished to vendors. follows:
(a) If engaged in the manufacturing or bottling of
564.08 Wine tastings by distributors and vendors. wines and of nothing else, he shall pay$1,000.
(' 564.01 Definitions.— (b) If engaged in the manufacturing of wines and
(1) `Wine" means all beverages made from fresh cordials and of nothing else, he shall pay$2,000.
fruits, berries, or grapes, either by natural fermentation (3)(a) Each distributor authorized to sell brewed
or by natural fermentation with brandy added, in the
beverages containing malt,wines,and fortified wines in =�
i counties where the sale of intoxicating liquors, wines,
;l manner required by the laws and regulations of the and beers is permitted shall pay for each and every such
United States, and includes all sparkling wines, cham-
establishment or branch he may operate or conduct a
is pagnes, combination of the aforesaid beverages, ver state license tax of $1,250.
mouths, and like products. Sugar, flavors, and coloring
j; (b) A bona fide religious order, monastery, church,
[, materials may be added to wine to make it conform to or religious body that has a tax-exempt status as a re&
the consumer's taste, except that the ultimate flavor or gious organization as provided by s.212.08(7)(o)may be
i} the color of the product may not be altered to imitate a licensed as a distributor under this subsection if its sales
beverage other than wine or to change the character of and distribution are limited to wines sold solely for refi- i
1 the wine. gious or sacramental purposes to holders of valid per-
} ' (2) 'Fortified wine'means all wines containing more mits obtained under s.564.03;and such religious order, T
than 17.259 percent of alcohol by volume. monastery, church, or religious body shall pay a state
Hletory.-:.4,ch.72-2oo;S.10,ch.86-269. license tax of$50 for each and every such distribution y-
i` Note.—Former s.ss1.o,(4),(s). establishment to be operated by the licensee.
r '.
564.02 License fees vendors manufacturers and Fllatory.—s.4•ch'72-230;s.1,ch.79-305:s.4,ch.83-79;s.2,ch.85-201;a
r s 11,ch.86-269;s.30,ch.87-6:s.8,ch.92-176.
distributors, Note.—Former ss.561.34,561.35.
(1) Each vendor authorized to sell brewed bever-
ages containing malt, wines, and fortified wines shall 564.025 Surtax on license fees.—Each vendor of
beverages containing alcohol of 0.5 percent or more by
pay an annual state license tax, as follows: g g
I (a) Vendors operating places of business where volume and not more than 14 percent by weight and of
beverages are sold only for consumption off the prem `Nines regardless of alcoholic content shall pay an ,
ises shall pay an amount equal to 50 percent of the annual surtax in an amount equal to 40 percent of the
amount of the license tax herein provided for vendors in lithe i ry s. 5mp8rs -2 d by s. 564.02(1). ±r�
F the same county operating places of business where
y consumption on the premises is perrfitted. 564.03 Wines; sacramental and religious Pur-
(b) Vendors operating places of business where poses.— 'p
consumption on the premises is permitted in counties (1) For the purpose'bf this section the term"wine'Is
having a population of over 100,000,according to the lat- hereby defined to mean wine, vinous spirits, or vinous-
est population estimate prepared pursuant to s. liquors. `T
186.901, for such county, shall pay$280. (2) Any religious order, monastery, church or
reg-(c) Vendors operating places of business where gious body, or any minister, pastor, priest, or rabbi .
f i; consumption on the premises is permitted in counties thereof, may purchase wine for religious or sacramental
i having a population of over 75,000 and not over 100,000, purposes from any duly licensed wholesaler or retailer >
according to the latest population estimate prepared within the state, by obtaining a permit from the division
pursuant to s. 186.901, for such county, shall pay$240. for such purchases herein provided. J.
(d) Vendors operating places of business where (3) The division shall issue said permit upon sworn'
consumption on the premises is permitted in counties application, stating the name of the applicant, therefi•
a i having a population of over 50,000 and less than 75,000, gious purpose for which the wine is to be used,the:
according to the latest population estimate prepared amount to be purchased,and from whom the purchase:
(' pursuant to s. 186.901, for such county, shall pay$200. is to be made.
ii 1714
i
i;I, Ch. 563 BEER F.S.1995
CHAPTER 563
BEER.
;I 563.01 Definition. (2) Each manufacturer engaged in the business of
i 563.02 License fees; vendors; manufacturers and brewing only malt beverages shall pay an annual state
j I distributors. license tax of $3,000 for each plant or branch he may
i l 563.021 Malt beverages; exclusive sales territories. operate. However, each manufacturer engaged in the
563.022 Relations between beer distributors and man- business of brewing less than 10,000 kegs of malt bever-
�� i ufacturers. ages annually for consumption on the premises pursu-
` ` 563.025 Surtax on license fees. ant to s.561.221(3)shall pay an annual state license tax
563.03 Regulation concerning draft beer. of $500 for each plant or branch.
i' 563.04 Labeling regulations; beer. (3) Each distributor who shall distribute or sell alco-
' l
563.045 Brands or labels to be registered;qualification holic beverages containing less than 17.259 percent
to do business; fee; revocation. alcohol by volume shall pay an annual state license tax
#l:! 56305 Excise taxes on malt beverages. of$1,250 for each establishment or branch he may oper-
jN .i 563.06 Malt beverages; imprint on individual con- ate.
tainer; SIZe Of containers. History.—s.3.ch.72-230;s.8,ch.86-269;s.2•ch.87-63;s.7,ch.92-176.
Note.—Former ss.561.34,561.35.
563.07 Beer distributors' collection credit.
I; 563.08 Cash deposit on beer sales. 563.021 Malt beverages; exclusive sales territo-
i
i •
1 563.01 Definition.—The terms "beer" and "malt ries.—
beverage"mean all brewed beverages containing malt. (1) No distributor shall sell or deliver any brand or
History.—s.3.ch.72-230. brands of malt beverages in this state to any retail ven
Note.—Former s.ss,.otcs�. dor whose place of business is outside of the distribu-
tor's restricted exclusive sales territory for such prod-
563.02 License fees; vendors; manufacturers and ucts. The restricted exclusive sales territory shall be
a distributors.— mutually agreed upon# b the manufacturer or importer
distributor,(1) Each vendor of malt beverages containing alco- and each stributor,and shall be embodied in a formal
hol of 0.5 percent or more b volume shall a an annual g
1„ P Y pay written agreement between the manufacturer or
+i state license tax as follows: importer and each distributor, which agreement shall
(a) Vendors operating places of business where designate the specified brand or brands for which the
jr beverages are sold only for consumption off the prem- territory is granted and set forth the exact geographical
F lses,an amount equal to 50 percent of the amount of the area of the territory. Where a manufacturer or importer
1 license tax herein provided for vendors in the same sells several brands, the agreement may apply to all
county operating places of business where consume- brands sold by the manufacturer or importer or may
t tion on the premises is permitted.Vendors holding such apply to one brand or several brands so long as each
=i off-premises sales licenses shall not be subject to zon- brand is covered by an exclusive territorial agreement.
ing by municipal and county authorities. No manufacturer or importer shall provide by such writ-
(b) Vendors operating places of business where ten agreement for the distribution of a brand to more
consumption on the premises is permitted in counties than one distributor for all or any part of the designated
having a population of over 100,000,according to the lat- territory.All such agreements shall be filed with the divi-
est population estimate prepared pursuant to s. sion.
i 186.901, for such county, $200. (2) U rima facie showing of a violation of this
Pon a P 9
(c) Vendors operating places of business where section, the division, on its own motion or on complaint
consumption on the remises is permitted in counties
P P P of a manufacturer or distributor,may pursue appropriate
having a population of over 75,000 and not over 100,000, administrative remedies provided by law, including the
j according to the latest population estimate prepared revocation or suspension of licenses, the imposition of
pursuant to s. 186.901, for such county, $160. fines or any combination of the foregoing. f{
�. (d f Vendors operating places of business where (3) No provision of ar+y written agreement required
consumption on the premises is permitted in counties by this section shall expressly, by implication, or in its
having a population of over 50,000 and less than 75,000, own operation establish or-maintain the resale price of
according to the latest population estimate prepared any brand or brands of beer sold by the malt beverage
pursuant to s. 186.901, for such county, $120. distributor.
(e) Vendors operating places of business where History.—s.14,ch.88-30&
consumption on the premises is permitted in counties
j ! having a population of over 25,000 and less than 50,000, 563.022 Relations between beer distributors and
ft 1 according to the latest population estimate prepared manufacturers.—
pursuant to s. 186.901, for such county, $80. (1) LEGISLATIVE FINDINGS AND INTENT.—
(f) Vendors operating places of business where (a) Regulation of business relations between beer
consumption on the premises is permitted in counties distributors and manufacturers is necessary and appro-
j. having a population of less than 25,000,according to the priate in the public interest.
latest population estimate prepared pursuant to s. (b) This section is enacted pursuant to authority of
1 186.901, for such county, $40. the state under the provisions of the Twenty-First
! 1706 t
a:
rj
i''I• rj
Ch. 563 BEER F.S. 1995
" CHAPTER 563
BEER.
};I 563.01 Definition. (2) Each manufacturer engaged in the business of
563.02 License fees; vendors; manufacturers and brewing only malt beverages shall pay an annual state
distributors. license tax of $3,000 for each plant or branch he may
>. 563.021 Malt beverages; exclusive sales territories. operate. However, each manufacturer engaged in the
== 563.022 Relations between beer distributors and man- business of brewing less than 10,000 kegs of malt bever-
�;ti ufacturers. ages annually for consumption on the premises pursu-
�' 563.025 Surtax on license fees. ant to s.561.221(3)shall pay an annual state license tax
563.03 Regulation concerning draft beer. of$500 for each plant or branch.
I' 563.04 Labeling regulations; beer. (3) Each distributor who shall distribute or sell alco-
563.045 Brands or labels to be registered;qualification holic beverages containing less than 17.259 percent
to do business; fee; revocation. alcohol by volume shall pay an annual state license tax
f' 563.05 Excise taxes on malt beverages. of$1,250 for each establishment or branch he may oper-
t:!
U . 563.06 Malt beverages; imprint on individual con- ate.
tainer; size of containers. History.—s.3.ch.72-230:s.8,ch.86-269:s.2.ch.87-63;s.7,ch.92-176.
Note.—Former ss.561.34,561.35.
563.07 Beer distributors' collection credit.
( 563.08 Cash deposit on beer sales. 563.021 Malt beverages; exclusive sales territo-
563.01 Definition.—The terms 'beer" and "malt rt(1) No distributor shall sell or deliver any brand or
I beverage" mean all brewed beverages containing malt.
Htacery.-5.3,ch.72-230. brands of malt beverages in this state to any retail ven-
Note.-Former S.561.01(3). dor whose place of business is outside of the distribu-
tor's restricted exclusive sales territory for such prod
563.02 License fees; vendors; manufacturers and ucts. The restricted exclusive sales territory shall be distributors.—
} , mutually agreed upon by the manufacturer or importer
(1) Each vendor of malt beverages containing alco- and each distributor,and shall be embodied in a formal
hot of 0.5 percent or more b volume shall a an annual g
l: p Y pay written agreement between the manufacturer or
state license tax as follows: importer and each distributor, which agreement shall
(a) Vendors operating places of business where designate the specified brand or brands for which the
beverages are sold only for consumption off the prem- territory is granted and set forth the exact geographical
ises,an amount equal to 50 percent of the amount of the area of the territory. Where a manufacturer or importer
license tax herein provided for vendors in the same sells several brands, the agreement may apply to all
is county operating places of business where consume- brands sold by the manufacturer or importer or may
r tion on the premises is permitted.Vendors holding such apply to one brand or several brands so long as each
i, off-premises sales licenses shall not be subject to zon- brand is covered by an exclusive territorial agreement.
ing by municipal and county authorities. No manufacturer or importer shall provide by such writ-
(b) Vendors operating places of business where ten agreement for the distribution of a brand to more
consumption on the premises is permitted in counties than one distributor for all or any part of the designated
having a population of over 100,000,according to the lat territory.All such agreements shall be filed with the divi
est population estimate prepared pursuant to s. sion.
i 186.901, for such county, $200. (2) Upon a prima facie showing of a violation of this
'
(c) Vendors operating Places of business where
section, the division, on its own motion or on complaint
consumption on the premises is permitted in counties of a manufacturer or distributor,may pursue appropriate
having a population of over 75,000 and not over 100,000, administrative remedies provided by law, including the
according to the latest population estimate prepared revocation or suspension of licenses, the imposition of
pursuant to s. 186.901, for such county, $160. fines or any combination of the foregointf.
(d f Vendors operating places of business where (3) No provision of arty written agreement required
consumption on the premises is permitted in counties by this section shall expressly, by implication, or in its
_ having a population of over 50,000 and less than 75,000, own operation establish or-maintain the resale price of
according to the latest population estimate prepared any brand or brands of beer sold by the malt beverage
pursuant to s. 186.901, for such county, $120. distributor.
(e) Vendors operating places of business where History.—s.14,u,.88-30B.
consumption on the premises is permitted in counties
i having a population of over 25,000 and less than 50,000, 563.022 Relations between beer distributors and
according to the latest population estimate prepared manufacturers.—
pursuant to s. 186.901, for such county, $80. (1) LEGISLATIVE FINDINGS AND INTENT.—
(f) Vendors operating places of business where (a) Regulation of business relations between beer
consumption on the premises is permitted in counties distributors and manufacturers is necessary and appro-
f having a population of less than 25,000,according to the priate in the public interest.
latest population estimate prepared pursuant to s. (b) This section is enacted pursuant to authority of
} i 186.901, for such county, $40. the state under the provisions of the Twenty-First
i I 1706 ;
r.
F.S. 1995 BEVERAGE LAW: ENFORCEMENT Ch. 562
CHAPTER 562 "I
r ;
BEVERAGE LAW: ENFORCEMENT
14d
562.01 Possession of untaxed beverages. 562.38 Report of seizures. =1
562.02 Possession of beverage not permitted to be 562.408 Exercise of police power. ;t
sold under license. _'+*
., 562.41 Searches; penalty.
4� 562.025 Possession of beverages as food ingredients. 562.42 Destruction of forfeited property.
562.03 Storage on licensed premises. 562.44 Donation of forfeited beverages or raw materi-
562.06 Sale only on licensed premises. als to state institutions; sale of forfeited
562.061 Misrepresentation of beverages sold on beverages. " `f
•� `i
-s -licensed premises. 562.45 Penalties for violating Beverage Law; local
562.07 Illegal transportation of beverages. ordinances. h's
-r 562.11 Selling,giving,dt serving alcoholic beverages 562.451 Moonshine whiskey; ownership, possession,
to person under age 21;misrepresenting or or control prohibited; penalties; rule of evi- i
misstating age or age of another to induce dence. .
licensee to serve alcoholic beverages to 562.452 Curb service of intoxicating liquor prohibited. 4:
f person under 21; penalties. 562.453 Curb drinking of intoxicating liquor prohibited. iA
562.111 Possession of alcoholic beverages by per- 562.454 Vendors to be closed in time of riot. °
.,, sons under age 21 prohibited. 562.455 Adulterating liquor; penalty. =;1
562.12 Beverages sold with improper license,or with- 562.46 Legal remedies not impaired. }
out license or registration, or held with 562.47 Rules of evidence; Beverage Law. <(
intent to sell prohibited. 562.48 Minors patronizing, visiting, or loitering in a
t 562.121 Operating bottle club without license prohib- dance hall.
ited. 562.50 Habitual drunkards; furnishing intoxicants to,562.13 Employment of minors or certain other per- after notice.
sons by certain vendors prohibited; excep- 562.51 Retail alcoholic beverage establishments;
tions. rights as private enterprise. '
562.131 Solicitation for sale of alcoholic beverage pro-
hibited; penalty. 562.01 Possession of untaxed beverages.-It is
562.14 Regulating the time for sale of alcoholic and unlawful for any person to own,possess, purchase,sell, ;
intoxicating beverages. serve, distribute, or store any alcoholic beverages
562.15 Unlawful possession; unpaid taxes. unless said person has fully complied with the pertinent t
562.16 Possession of beverages upon which tax is provisions of the beverage law relating to the payment
unpaid. of excise taxes.
562.165 Production of beer or wine for personal or fam History.-s.9,ch.18774 1935;CGL 1936 Supp.4151(235);s.10,ch.,eo1 .1937;
S.
2,ch.20830.1941;s.1,ch.57-327;s.147,ch.71-355;s.2,ch.72-230.
=`* ily use; exemption.
562.17 Collection of unpaid beverage taxes. 562.02 Possession of beverage not permitted to be 1
562.18 Possession of beverage upon which federal sold under license.-It is unlawful for a licensee under
tax unpaid. the Beverage Law or his agent to have in his possession,
562.20 Monthly reports by common and other carri- or permit anyone else to have in his possession,at or in
ers of beverages required. the place of business of such licensee, alcoholic bever-
562.23 Conspiracy to violate Beverage Law; penalty. ages not authorized by law to be sold by such licensee. i
562.24 Administration of oaths by director or author- History.-s. 7:ch. 18015, 1937; s. 4,ch. 19301, 1939; CGL 1940 Supp.
ized employees. 4151(2710);s.12,ch.23746•1947;s.2,ch.72-230.
562.25 State bonded warehouses.
;: 562.26 Delivering beverage on which tax unpaid. 562.025 Possession of beverages as food ingredi-
ents.-This chapter shall not be construed to prohibit {
562.27 Seizure and forfeiture.
562.28 the owner or employee of a public food service estab-
Possession of beverages in fraud of Beverage
Law. lishment from possessing or using alcoholic beverages t
562.29 Raw materials and personal property; seizure manufactured pursuant to law as ingredients to
' and forfeiture. enhance the flavor of food prepared in connection with
562.30 Possession of beverage prima facie evidence; the operation of such establishment,provided that such
exception. public food service establishment meets the following
J562.31 -Possession of raw materials prima facie evi- criteria:
dense; exception. (1) Such public food service establishment shall
562.32 Moving or concealing beverage with intent to hold a license which allows consumption of alcoholic
defraud state of tax; penalty. beverages on the premises, issued by the Division of
562.33 Beverage and personal property; seizure and Alcoholic Beverages and Tobacco; and
forfeiture. (2) Such public food service establishment shall
562.34 Containers; seizure and forfeiture. hold a license issued by the Division of Hotels and Res-
562.35 Conveyance; seizure and forfeiture. taurants. ,
562.36 Beverage on conveyance prima facie evi- Every
such establishment shall maintain a menu on the i
dence; proviso. premises which menu shall clearly designate the food
1695
P.S. 1995
al also
gener-
:an be ;h
TITLE XXXIV '
ALCOHOLIC BEVERAGES AND TOBACCO
( CHAPTER 561
BEVERAGE LAW: ADMINISTRATION
' 561.01 Definitions. 561.351 Manufacturers, brokers, sales agents, !
561.02 Creation and duties of Division of Alcoholic importers, and passenger common carri- ,
Bevera es and Tobacco.
: ;. 9 ers; term of license.
ry 561.025 Alcoholic Beverage and Tobacco Trust 561.37 Bond for payment of taxes.
Fund. 561.371 Bond for payment of taxes by spirituous liq-
561.026 Alcoholic Beverage and Tobacco Forfeiture uor distributors.
and Investigative Support Trust Fund. 561.38 Issuance of license prohibited until bond }
561.051 Bond of director and employees. approved; cancellation or expiration of
561.08 Enforcement of Beverage Law; division to bond.
prescribe forms. 561.41 Maintenance and designation of principal '
' 561.11 Power and authority of division. office by manufacturers, distributors,
561.1105 Inspection of licensed premises; coin- importers, and exporters. i
operated amusement machines. 561.42 Tied house evil; financial aid and assistance
561.111 Payment of taxes by electronic funds trans- to vendor by manufacturer or distributor
!' fer. prohibited; procedure for enforcement; i {
561.121 Deposit of revenue. r_
P exception.
561.14 License and registration classification. 561.421 Temporary convention permits.
- 561.15 Licenses; qualifications required. 561.422 Nonprofit civic organizations;temporary per-
561.17 License and registration applications; mits.
approved person. 561.423 Beer and malt beverages; in-store servicing
561.18 License investigation. authorized. 8
561.181 Temporary initial licenses. 561.424 Vinous beverages;in-store servicing author- #,
561.19 License issuance upon approval of division. ized. ,
561.20 Limitation upon number of licenses issued. 561.43 Dry counties; manufacturers'or distributors' ;�s
561.22 Licensing manufacturers, distributors, and licenses; exporters' registrations; exemp- i
:< registered exporters as vendors prohib- tions.
+
ited. 561.49 No tax on out-of-state sales. p
561.221 Licensing of manufacturers and distributors 561.495 Legislative findings; cost of regulating
as vendors and of vendors as manufactur- imported beverages.
ers; conditions and limitations. 561.50 One state tax payment; reports.
561.23 License issued in duplicate; display. 561.501 Surcharge on sale of alcoholic beverages for +;
561.24 Licensing manufacturers as distributors or consumption on the premises; penalty.,
registered exporters prohibited; proce- 561.54 Certain deliveries of beverages prohibited.
dure for issuance and renewal of distribu- 561.55 Manufacturers',distributors', brokers', sales
tors'licenses and exporters' registrations. agents', importers', vendors', and export-
561.25 Officers and employees prohibited from ers' records and reports.
being employed by or engaging in bever- 561.56 Transportation of beverages by manufactur-
age business; penalties; exceptions. ers, distributors, and exporters. ; 1
's 561.26 Term of license. 561.57 Deliveries by licensees. +
2 561.27 Renewal of license. 561.58 Issuance of license for a prior license i=
K _561-29 Revocation and suspension of license; revoked.
power to subpoena. 561.65 Mortgagee's interest in license.
=� 561.32 Transfer of licenses; change of officers or 561.66 Legislative intent. ft
directors; transfer of interest. 561.665 Division to restrict licensees from permitting =i
561.33 Licensee moving to new location; changing certain activities. ;3
• name of business. 561.67 Reclamation by distributor of beverages not
561.331 Temporary license upon application for paid for by licensed vendors.
transfer, change of location, or change of 561.68 Licensure; distributor's salesmen.
type or series. 561.701 Short title. <,
561.342 County and municipal license tax. 561.702 Legislative intent.
'� 1669 .
I'
Ch. 568 INTOXICATING LIQUORS IN COUNTIES WHERE PROHIBITED F
CHAPTER 568
' INTOXICATING LIQUORS IN COUNTIES WHERE PROHIBITED 1
Gy
t � 568.01 Alcoholic content of intoxicating liquors. 568.06 Proof necessary to convict.- illy
568.02 Selling intoxicating liquors in counties where any person for violation of s. 568.02,it shall riot
prohibited. essary for the prosecution to prove that.fhe,
f 568.03 Possessing intoxicating liquors in counties had any interest in the intoxicating liquors,.:
' prohibited(
where with intent to sell.P beer delivered or sold by him, or any inte
I 568.04 Maintaining place of business for sale of liquors money received by the accused for such
in counties where prohibited. liquors,wines,or beer delivered by him,but proof
568.05 Penalty. delivery of intoxicating liquors, wines, or beet
568.06 Proof necessaryto convict.
I: accused and the receipt of money therefor by
568.07 Name sufficient proof; competency of witness. be prima facie evidence of the ownership of said
568.08 Person required to testify; exemption from cating beverages by the accused and proof of ttN,
prosecution.
of a single quantity of intoxicating liquors,wines
568.09 Holding federal license or tax stamp prima •
by such person shall be sufficient evidence upon
facie evidence.
to base a conviction for violation of s.568.02...
.j;.
568.10 Confiscation of liquors. History.-s.6,ch. 18016.1937;CGL 1940 Supp.7648(15). :.;;,1V:
i 568.11 Right of property forfeited. '"
568.12 Record of confiscation required. 568.07 Name sufficient proof; competenh
568.13 Form of information or indictment. ness.-
568.14 Division vested with enforcing powers. (1) In every prosecution for a violation of tflli
iJ ter, proof that the liquor in question was and}�
568.01 Alcoholic content of intoxicating liquors.- as whiskey, moonshine whiskey, shine,')
1 For the purposes of this chapter, all liquors, wines, or brandy or by any other similar name or names.
i beer containing more than 6.243 percent of alcohol by prima facie evidence that such liquor is int
volume shall be deemed and held to be intoxicating contains more than 6.243 percent of alcohol.
j liquors, wines, or beer and subject to the provisions of and that such content is intoxicating.Any.
1'•: this chapter.
! Hi8story.-s.5,ch.18016.1937.CGL 1940 Supp.7648(14):s.1,ch.84-299:s.18, by experience in the past in the handling Of.use
ch.
6y
rating liquors, or who by taste,smell,or the
such liquors, has knowledge as to the in
568.02 Selling intoxicating liquors in counties nature of such liquors may testify as toll
where prohibited.-It is unlawful for anyone to sell, or whether such beverage or liquor is or is not In
j cause to be sold,any intoxicating liquors,wines,or beer and a verdict based upon such testimony etielbflt
�. in any county that has voted against the sale of intoxi- ^s
rating liquors, wines, or beer. (2) The alcoholic content of any liquor,winet
y ) History.-s. 1,ch.18016.1937;CGL 1940 Supp.7648(10). or other beverage, may be shown by hyd R
1 gravity test made in or away from the pre
i;. 568.03 Possessing intoxicating liquors in counties jury by any person who has knowledge of lh0�
1 where prohibited with intent to sell.-It is unlawful for such instruments, but the production ofsuch'
t. anyone to keep, or possess, intoxicating liquors, wines, shall be optional. The alcoholic content of ariy,
or beer in any county that has voted against the sale of beverage, or compound, which is the sub}9C ,.
such intoxicating liquors, wines, or beer with intent to inquiry in any proceedings or prosecution
j sell or dispose of them unlawfully, shown by chemical analysis or any other analysis
History.-S.2.ch. teols. 1937,CGL 1940 Supp.7646(11). by and certified by any competent chemist....
568.04 Maintaining place of business for sale of analyzed may be identified by the sworn t
liquors in counties where prohibited.-It is unlawful for any peace officer or prosecuting officer,that ht
t anyone to keep or maintain a place where intoxicating ally delivered to such chemist such sample for
f t liqurs, wines, or beer are sold in any county that has and that it was personally taken by him from U1Q
voted against the sale of intoxicating liquors, wines or ole containing the beverlige,drink,or alcohdiC
k beer. compound which is the subject of inquiry..:.'
History.-s.3.ch.18016.1937;CGL 1940 Supp.7648(12). (3) The mode of proof herein provided still
f sidered cumulative and not exclusive. '�1 s .
568.05 Penalty.-Any person who sells, or causes History.-s.7.ch.18016.1937:CGL 1940Supp.7648(16rL,%d►
to be sold,any intoxicating liquors,wines,or beer in any ch.86-269:s.49,ch.91-220:s.100,ch.92-291.
county that has voted against the sale of intoxicating
liquors, wines, or beer, or who keeps or possesses in 568.08 Person required to testify;ex
I any such county any intoxicating liquors, wines,or beer Prosecution.-No person shall, upon any.
with intent to sell or dispose of same unlawfully, or who before a grand jury or state attorney for an
keeps or maintains in any such county a place where tion of any of the provisions of this chapter,.q _
intoxicating liquors, wines, or beer are sold, shall be court upon the trial of any person, ass
guilty of a misdemeanor of the second degree, punish sons, or corporation, charged with the v'
able as provided in s. 775.082 or s. 775.083. of the provisions of this chapter herein made:t
History.-s.4,ch.18016,1937:CGL 1940 Supp.7648(13);s.578,ch.71-136. offense, refuse to testify or give evidence,-Or..
r 1726
4*`
_'WAME: No Job Name PAGE: 5 SSSS: 2 OUTPUT: Mon May 6 07:32:47 1996
,ebbles/pebbles 1/pubdocs/nondb/2181116
ALCOHOLIC BEVERAGES § 10-55
Sec. 10-53. Class 3 special beverage licenses. appeal to the city commission. Promptly after
(a) There shall be no limitation of the number receiving such notice of appeal, the city commis-
Sion shall conduct a full and fair hearing. If in the
of class 3 special beverage licenses issued to any
opinion of a majority of the city commission the
bona fide hotel, motel or motorcourt of not less
than 50 guestrooms or to any bona fide restaurant issuance of the beverage license is not in the
general welfare of the city,the application shall be
containing all necessary equipment and supplies
denied.
for and serving full-course meals regularly and
having accommodations at all times for service of (Code 1960, § 4-3)
200 or more patrons at tables and occupying more
than 4,000 squarefeet of space.If such restaurant Sec. IO-55. Revocation; notice; hearing.
ceases to be a bona fide restaurant as required for All beverage licenses shall be revocable by the
obtaining such license, such license shall be sus- city commission upon sufficient cause appearing
pended. Nc intoxicating beverage shall be sold on the violation by any licensee of this Code or of
under such license after the hours of serving food any laws of the state or of such licensee maintain-
have ceased. ing a nuisance or unsanitary premises or engag-
(b) Any license issued to any such hotel, motel, ing in or permitting disorderly conduct on the
motorcourt or restaurant under this section shall licensed premises. No license, however, shall be
not be moved to a new location, such licenses revoked except after notice given to the licensee
being valid only on the premises of such hotel, and if requested by the licensee a public hearing
motel, motorcourt or restaurant. before the city commission.
(Code 1960, § 4-10)
(c) Any license issued for -any hotel, motel,
motorcourt or restaurant under this section shall
be issued only to the owner of such hotel, motel,
motorcourt or restaurant or, if the hotel, motel,
motorcourt or restaurant is leased,to the lessee of
the hotel, motel, motorcourt for restaurant. The
license shall remain in the name of the owner or
lessee so long as the license is in existence.
(d) Any special license in existence on the ef-
fective date of the ordinance from which this
section is derived that was issued under the
provisions of any law of the state which may have
provided for the issuance of a special beverage
license cannot be renewed except in the name of
the owner of the hotel, motel, motorcourt or
restaurant or, if the hotel, motel, motorcourt or
restaurant fs leased, in the name of the lessee of
the hotel, motel, motorcourt or restaurant in
which the license is located and must remain in
the name of such owner or lessee so long as the
license is in existence.
(e) Any license issued under this section shall
be marked with the word "special."
(Code 1960, § 4-8)
Sec. 10-54. Denial of application; hearing.
If an application for a city beverage license is
denied, the applicant may upon written notice
Supp.No. 6 CD10:7
/ '^ALCOHOLIC BEVERAGES §4-5
Sec. 4-1. Sale prohibited near churches, Sec. 4-2. Hours of sale.
schools generally.
(a) It shall be unlawful for any person to sell or (a) The hours of sale of alcoholic beverages
offer for sale, at wholesale or retail, any alcoholic sold, consumed or served, or permitted to be
served or consumed, within the limits of the city,
beverages at any place or location in the city in any place holding a license under the state
within 500 feet of any church building, school- beverage department shall be the same as the
house or established licensee. The method of hours of sale authorized by the board of county
measuring the distance from the church building, commissioners.
schoolhouse or established licensee to the place of
business where alcoholic beverages are to be (b) Any person violating any of the provisions
offered for sale shall be from the front door of the of this section shall be guilty of an offense.
,church building or schoolhouse to the front door of (Code 1982, § 3-2)
the building where alcoholic beverages are to be State law reference Hours of sale of alcoholic bever-
offered for sale, and such measurements shall be ages, F.S. § 562.14.
over the nearest usually traveled pedestrian route.
(b) Notwithstanding the provisions hereof, any Sec. 4-3. Possession and consumption of al-
person licensed to sell alcoholic beverages on.the coholic beverages upon public prop-
effective date of this chapter, or any person ob- erties.
taining a special permit from the city commission It shall be unlawful for any person to possess or
shall be permitted to continue to make such sales consume alcoholic beverages upon municipal or
as are authorized on the effective date of the public recreational grounds, ballfields and parks
legislation from which this section is derived or as within the city limits.
may be authorized under the terms of such spe- (Code 1982, § 3-3)
tial permit.
(c) The provisigns of this section shall not ap-
ply to retail sales of beer or wine by retail estab- rants.
lishments or businesses where no consumption on
premises is permitted, nor the business licensed Any restaurant located within the city shall be
for such purpose. entitled to an alcoholic beverage license upon
(d) As used in this section the term "school" furnishing satisfactory evidence of compliance
shall mean any public or parochial educational with the minimum provisions as provided for in
facility accredited for such purposes by the state F.S. § 561.20(2)(a)3.
or other governmental entity charged with such (Code 1982, § 3-6)
responsibility. As used in this section the term
"church"shall mean a recognized institution with Sec. 4-5. Possession, consumption, sale or
a permanent building which is in regular use for purchase of alcoholic beverages on
normal church or religious activities and an ex- public ways.
empt nonprofit corporation or association pursu-
ant to the rules and regulations of the Internal (a) Definitions. As used in this section, the
Revenue Service of the United States Govern- following terms have the following meanings:
ment. (1) Alcoholic beverage means any beverage con-
e) Notwithstanding the provisions hereof, the taining alcohol.
distance requirement between licensees shall not (2) Open container means any container which
be applicable between any license used in conjunc- is immediately capable of being consumed
tion with the operation of a restaurant and an from, or the seal of which has been broken.
established licensee.
(Code 1982, § 3-1) (3) Public way shall mean any public street,
State law reference—Location restrictions authorized, avenue, boulevard, place, plaza, court, cir-
F.S.§§ 166.011 et seq.,562.45(2). cle, roadway, highway, alley, right-of-way,
Supp. No. 10 367
g 3-8 TARPON SPRINGS CODE
or to employ any device or covering which is intended to give
the appearance of or simulate the genitals, pubic area, but-
tocks, anus or anal cleft or cleavage.
Sec. 3-9. Curb service prohibited.
No intoxicating liquors or alcoholic beverages shall be sold
or served to persons in automobiles; and all curb service of
intoxicating liquors and alcoholic beverages is hereby pro-
hibited. (Ord. No. 242, § 8, 8-15-44; Code 1969, § 3-8)
State law references--Curb service prohibited, F.S. j 562.462; curb
drinking prohibited, F.S. § 562.453.
Sec. 3-10. Sale to minors and intoxicated persons.
It is unlawful to sell or give any intoxicating liquors or
alcoholic beverages to the following:
(a) Any person less than eighteen (18) years of age;
(b) To any person who is intoxicated, or to any person who
is known to be an habitual drunkard. (Ord. No. 242,
§ 9, 8-15-44; Code 1960, § 3-9) :.
State law reference—Sales to minors, F.S. 562.11(1).
Sec. 3-11. Intoxicated persons prohibited on premises.
It is unlawful for any person to suffer, allow, or permit any
person to become intoxicated in his place of business or to
suffer or permit any intoxicated person to remain upon his
place of business. (Ord. No. 162, § 1, 10-17-33; Code 1960, §
3-11)
Sec. 3-12. Possession or consumption of alcohol in open con-
tainers within public right-of-way, public parks
or other public property prohibited; exceptions.
(a) It is unlawful for any person to possess an open container
containing an alcoholic beverage within a public right-of-way,
within any public park or any other property maintained or con-
trolled by the city,without having prior thereto obtained a permit
therefor under the provisions of section 12.5-4 of this Code.
(b) It is unlawful for any person to consume an alcoholic bev-
erage or to possess an open container containing an alcoholic
Supp. No. 47 226
Meeting Type: Regular
Meeting Date: 08-06-96
AGENDA
Heading Discussion
Item 10
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: APPLICATION OF UNIFORM HEIGHT LIMITS WITHIN THE C-1 AND M-1 ZONING
DISTRICTS
DEPT./DIVISION: LEGISLATIVE
RequestedAction:
t
Summary Explanation &Background:
Discussion requested by Mayor Pro Tem Randels
Exhibits Attached:
City Code Sections 110-336(6) and 110-356(6)
City Maria er's Office Department
City ManlAdmin\counci7\meeting\09-06.961height
MICROFILPAED
RESOLUTION NO. 82-64
A RESOLUTION CERTIFYING THE RESULTS OF THE
REFERENDUM QUESTIONS ON THE GENERAL ELECTION
BALLOT OF NOVEMBER 2, 1982; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED by the City 'Ccuncil of the City of Cape
Canaveral, Florida, as ,follows: -
SECTION 1. The City Council accepts with approval the
certification of the election returns as reported by the Election
Board as reported by the County Supervisor of Elections for the
i
Referendum Questions on the General Election Ballot of November 2,
1982. The City Council certifies as proper the election returns.
The total vote was as follows:
REFERENDUM ITEM #I. For Referendum. 1153 votes
( 60 votes were
absentee ballots) i
Against Referendum. 267 votes
( 10 votes were
absentee ballots)
REFERENDUM ITEM #11. For Referendum. 1189 votes
( 58 voites were i
absentee ballots)
s,
Against Referendum. 227 votes l
I ( 13 votes were
f absentee ballots) !
SECTION 2. This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, !
Florida, this 3rd
day of Novenioe-r 1982.
Maiyoi4 V
f
1 �
Attest:
NAME
M I i
CALVar
City Cleric v ,IAIMI_
GUI:;IIY
Approved as to Form:
.0 Kt orney
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Pfil(;1`01:11 WED
ORDINANCE NO. 17-82
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY
OF CAPE CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO
CHAPTER 630 "ZONING REGULATIONS" OF THE CITY OF CAPE
CANAVERAL, FLORIDA, PERTAINING•TO MAXIMUM HEIGHT OF
BUILDINGS; ESTABLISHING THE LANGUAGE FOR THE PROPOSED
AMENDMENT IN THE REFERENDUM; REPEALI14G ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFFECTIVE
DATE.
• I
;
i
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
i
CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. The following amendment to Chapter 630 "Zoning
Regulations" shall be submitted to the electors of the City of Cape
Canaveral, Florida, on its general City election to be held on
November 2, 1982, to wit:
"The maximum height allowable shall be determined by
referendum and by this referendum be established
as follows:
i
R-1 25 Feet
R-2 25 Feet
R-3 45 Feet" i
SECTION 2. The City Clerk shall advertise the proposed
Referendum pursuant to Florida Statutes. +
SECTION 3. Upon adoption of the Proposed Amendment to
I
the Zoning Regulations by a majority of the electors voting in the
Referendum as set out in Section 1 above, this Ordinance shall be-
come effective immediately.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
i
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 21 day of September 1982. '
Attest:
Rc; r,U_1: Y—, C t
City Clerk E/Aunp
E
Y_ NO
RT
.
Approved as to form:
HYus
xroH
/City Attorney 9-7-82
' c.i. 9-8-82
9-13-82
-::b.' 9-21-82
CITY COUNCIL
!1: i
REGULAR MEETING -
SEPTEMBER 21, 1982
I
I
A REGULAR MEETING OF THE el.Ty COUNCIL OF THE CITY OF
- i
CAPE CANAVERAL, FLORIDA WAS HELD ON SEPTEMBER 21, 1982 AT CITY
HALL, 105 POLK AVENUE,' CAPE CANAVERAL, -FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L.
MURPHY, JR. AT 7:31 P. M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE MAYOR JOHNSON L. MURPHY, JR. , COUNCIL MEMBERS J. CALVERT,
L. HARRIS, L. NICHOLAS AND W. RUTHERFORD; CITY ATTORNEY/MANAGER
J. SCOTT AND CITY CLERK P. BEAULIEU.
MR. =3ERFOHD MDVED TO WAIVE THE READING OF THE MINVII;S OF SZ,' BER 7.
MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMUSLY.
I
UNFINISHED BUSINESS
I
ITEM 1. ORDINANCE NO. 17-82 REFERENDUM QUESTION RE:
PROPOSED AMENDMENT TO CHAPTER 630, "ZONING
REGULATIONS" PERTAINING TO MAXIMUM HEIGHT
LIMITATION (SECOND READING AND PUBLIC HEARING)
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY
OF CAPE CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO
f:fiAPTER 630 "ZONING REGULATIONS" OF THE CITY OF CAPE
CANAVERAL, FLORIDA, PERTAINING TO MAXIMUM HEIGHT OF
BUILDINGS; ESTABLISHING THE LANGUAGE FOR THE PROPOSED
AMENDMENT IN THE REFERENDUM; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION.
MAYOR MURPHY EXPLAINED THAT THIS WAS THE SECOND READING
AND PUBLIC HEARING OF AN ORDINANCE THAT WOULD BE PLACING A QUESTION
ON THE BALLOT IN NOVEMBER ASKING THE VOTERS IN THE CITY WHETHER
THEY WANT TO FREEZE THE HEIGHT OF BUILDINGS.
' I
IT WAS POINTED OUT THAT THE HEIGHT LIMITATIONS IN THIS
ORDINANCE WERE THE PRESENT HEIGHT LIMITATIONS.
DISCUSSION FOLLOWED ON WHETHER OR NOT TO ADD THE METHOD OF
I
HEIGHT MEASUREMENT TO THE PROPOSED ORDINANCE AND WHETHER OR NOT
TO ADD THE HEIGHT LIMITATION IN THE C-1 AND M-1 ZONING DISTRICTS.
MAYOR MURPHY MOVED TO MODIFY ORDINANCE 17-82 BY INCLUDING
C-1, M-1 HEIGHT AND THE WAY HEIGHTS ARE MEASURED. MOTION FAILED
FOR LACK OF A SECOND.
1
MRS. CALVERT MOVED TO AMEND THE ORDINANCE TO INCLUDE
C-1, HOTEL AND MOTELS 45 FEET, ALL OTHER PRINCIPAL USES AND
STRUCTURES 40 FEET. ; M-1 40 FEET. MR.'IfICHOLAS SECONDED MOTION.
DISCUSSION FOLLOWED REGARDING -THE AMENDMENT.
I
MR. NICHOLAS MOVED TO FURTHER AMEND BY CHANGING THE
HEIGHT LIMITATIONS IN C-1 AND M-1 TO 30 FEET. MOTION FAILED FOR
LACK OF A SECOND.
MRS. CALVERT OFFERED TO WITHDRAW HER MOTION TO AMEND
f IF MR. NICHOLAS .WOULD WITHDRAW HIS SECOND TO THE MOTION. COUNCIL- !
i
MAN NICHOLAS AGREED TO WITHDRAW HIS SECOND. AMENDMENT WITHDRAWN.
i
VOTE ON TH9 MOTION ON THE FLOOR FOR ADOPTION OF THIS
ORDINANCE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT, MRS. HARRIS,
MR. NICHOLAS AND MR. RUTHERFORD, OPPOSED, MAYOR MURPHY. ORDINANCE
NO. 17-82 ADOPTED ON SECOND READING.
ITEM 2. ORDINANCE NO. 18-82 RE: REDUCTION IN UTILITY
TAX RATE (SECOND READING AND PUBLIC HEARING)
i
t
MAYOR MURPHY READ THE TITLE OF THE ORDINANCE AS FOLLOWS:
AN ORDINANCE AMENDING CODE CHAPTER 541 "UTILITY TAX"
OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA
EIFY REDUCING THE RATE LEVIED FOR UTILITY TAX; REPEALING
ALL PORTIONS OF THE CODE :IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MRS- CALVERT MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
ITEM 1. RESOLUTION NO. 82-54 FIRE PROTECTION AGREEMENT
WITH PORT
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
rr
A RESOLUTION APPROVING THE TENTH RENEWAL OF THE
FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF
CAPE CANAVERAL, THE CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT AND CANAVERAL PORT AUTHORITY;
PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS
SECONDED MOTION. II
MAYOR MURPHY EXPLAINED THAT THE PORT COMMITTEE HAD AGREED
TO THE $24,000 SINCE 24 PERCENT OF THE CALLS ANSWERED BY THE CITY'S i
FIRE DEPARTMENT LAST YEAR WERE FROM TIIE PORT. !
MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 82-54 I
i
CARRIED UNANIMOUSLY. it
CITY COUNCIL II
9-21-82
PAGE 2 OF 4
i
F
• F
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS
FOLLOWS:
A RESOLUTION APPOINTING,OFFICIAL DEPOSITORIES FOR
CITY FUNDS; PROVIDING AN EFFECTIVE DATE.
MR, RUTHERFORD MOVED FOR' ADOPTION. MRS. CALVERT
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
F
E
ITEM 9. RESOLUTION NO. 82-53 RE: APPOINTMENT OF
LIBRARY BOARD MEMBER
MAYOR MURPHY READ THE TITLE OF THE RESOLUTION AS
FOLLOWS:
A RESOLUTION APPOINTING A REGULAR MEMBER TO THE
LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
MAYOR MURPHY MOVED FOR ADOPTION. MRS. CALVERT SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY. RESOLUTION NO. 82-53 APPOINTED
MRS. HILMA GOFF TO THE LIBRARY BOARD WITH A TERM TO EXPIRE ON JULY 1,
1987.
ITEM 10. ORDINANCE NO. 17-82 RE: REFERENDUM QUESTION I
REGARDING HEIGHT LIMITATIONS (FFRST READING
AND PUBLIC HEARING)
MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED:
AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY I
OF CAPE CANAVERAL, FLORIDA, A PROPOSED AMENDMENT TO
CHAPTER 630 "ZONING REGULATIONS" OF THE CITY OF CAPE
CANAVERAL, FLORDIA, PERTAINING TO MAXIMUM HEIGHT OF
BUILDINGS; ESTABLISHING THE LANGUAGE FOR THE PROPOSED
AMENDMENT IN THE REFERENDUM; REPEALING ALL PORTIONS
OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE
MRS. CALVERT MOVED TO APPROVE FIRST READING. MR.
RUTHERFORD SECONDED MOTION.
IT WAS NOTED THAT THE HEIGHT LIMITATIONS IN THIS I
ORDINANCE WERE THE SAME AS THE HEIGHT LIMITATIONS IN THE PROPOSED
ZONING DRAFT.
MR. NICHOLAS MOVED TO AMEND THE MOTION ON THE FLOOR
BY SETTING THE R-3 HEIGHT LIMITATIONS AT 40 FEET. MRS. HARRIS
SECONDED MOTION FOR THE PURPOSE OF DISCUSSION. DISCUSSION BROUGHT
OUT THE FACT THAT THE AREAS PRESENTLY ALLOWING 45 FEET WOULD BE NON-
CONFORMING IF. THE HEIGHT WAS SET AT 40 FEET. THE QUESTION AROSE
REGARDING CHANGING THE NON-CONFORMING REGULATION IN THE ZONING OR-
DINANCE.
AT THIS TIME, CITIZENS IN THE AUDIENCE WERE GIVEN AN
OPPORTUNITY TO VOICE THEIR OPINIONS ON THE SUBJECT OF THE HEIGHT
T T*4T ...r.•...- _ _.
VOTE ON THE AMENDMENT WAa AS FOLLOWS: IN FAVOR, MR.
NICHOLAS, OPPOSED, MRS. CALVERT, MRS. HARRIS, MAYOR MURPHY AND
MR. RUTHERFORD. AMENDMENT FAILED.
VOTE ON THE MAIN MOTION TO APPROVE FIRST READING OF
THE ORDINANCE WAS AS FOLLOWS: IN FAVOR, MRS. CALVERT, MRS.HARRIS
AND MR. RUTHERFORD, OPPOSED MAYOR MURPHY AND MR. NICHOLAS. FIRST
READING OF ORDINANCE NO. 17-82 PASSED.
ITEM 11. ORDINANCE NO. 18-82 RE: DECREASING UTILITY TAX
(FIRST READING AND PUBLIC HEARING)
MAYOR MURPHY READ THE ORDINANCE ENTITLED:
AN ORDINANCE AMENDING CODE CHAPTER 541 "UTILITY TAX"
OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA
BY REDUCING' THE RATE LEVIED FOR UTILITY TAX; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED TO APPROVE FIRST READING. MRS.
HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
t
ITEM 12. MOTION RE: AUTHORIZATION FOR BUILDING OFFICIAL
Mn AMMLIXrn cr... ____ _
tjMAYOR MURPHY MOVED TO RECOMMEND THAT BUILDING OFFICIAL
HINES BE AUTHORIZED TO ATTEND THE SOUTHERN BUILDING CODE CONGRESS.
MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. CALVERT BROUGHT UP THE SUBJECT OF THREE PLANNING
AND ZONING BOARD MEMBERS TERMS WHICH WOULD SOON EXPIRE.
MRS. CALVERT MOVED TO ADD AN ITEM TO THE AGENDA. MRS.
HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
THE TERMS DUE TO EXPIRE WERE THE FOLLOWING: CHARLES
MCCONNELL, RICHARD THURM AND THOMAS QUINN.
MR. NICHOLAS MOVED TO REAPPOINT THE THREE PEOPLE TO THE
PLANNING AND ZONING BOARD. MOTION FAILED FOR LACK OF A SECOND.
MAYOR MURPHY SUGGESTED THAT THE APPOINTMENTS BE MADE
SEPARATELY.
MRS. CALVERT MOVED TO APPOINT CHARLES MCCONNELL. MRS.
HARRIS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MRS. CALVERT MOVED TO APPOINT RICHARD THURM. MRS. HARRIS
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS MOVED TO REAPPOINT MR. QUINN. MOTION FAILED
ZONING
(5) Minimum living or floor area shall be as
follows:
a. Hotels and motels, 300 square feet per
rental unit.
b. Hotel and motel units containing pro-
visions for cooking or light house-
keeping, not less than 400 square feet.
c. All other principal uses and structures,
300 square feet.
(6) Maximum height shall be as follows:
a. Hotels and motels, 45 feet.
b. All other principal uses and structures,
40 feet.
(Code 1981, § 637.55)
Sec. 110.337. Minimum setbacks.
(a) In the C-1 low density commercial district,
the minimum setbacks required shall be as fol-
lows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(2) Side (interior lot line), zero feet; 25 feet
when ab u#ting a residential district.
(3) Side (corner lot line), 25 feet.
(4) Rear, 10 feet; 25 feet when abutting a res-
idential district.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.55)
Sec. 110.338. Landscaping, screening and
parking.
In the C-1 low density commercial district, land-
scaping, screening and parking shall be provided
pursuant to article IX of this chapter pertaining
to supplementary district regulations.
(Code 1981, § 637.57)
Sec. 110-339. Offstreet parking and. access.
In the C-1 low density commercial district, off-
street parking and access to a public or private
street shall be provided in accordance with sec-
tion 110-466.
(Code 1981, § 637.59)
Secs. 110-340-110-350. Reserved.
§ 110-352
DIVISION 6. M-1 LIGHT INDUSTRIAL AND
RESEARCH AND DEVELOPMENT
DISTRICT* '
Sec. 110.351. Intent.
The requirements for the M-1 light industrial
and research and development district are in-
tended to apply to an area located in close prox-
imity to transportation facilities and which can
serve light manufacturing, research and develop-
ment, distribution and other industrial functions.
Restrictions in this division are intended to min-
imize adverse influences of the industrial activi-
ties. All principal uses permitted in this zone shall
be contained in an enclosed structure. All build-
ings in this district shall be considered in the fire
district, as per the definition in section 110-1, and
built in conformance with the rules and regula-
tions of fire districts.
(Code 1981, § 638.01)
Sec. 110.352. Principal uses and structures.
In the M-1 light industrial and research and
development district, the following uses and struc-
tures are permitted, provided any use or group of
uses that are developed, either separately or, if
developed as a unit with certain site improve-
ments, shared in common, meet requirements of
article IX of this chapter:
(1) General offices, studios, clinics, laborato-
ries, data processing and similar uses.
(2) Engineering, laboratory, scientific and re-
search instrumentation and associated uses.
(3) Manufacturing of:
a. Instruments for controlling, measuring
and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instru-
ments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated de-
vices and parts.
*Cross reference—Sign regulations in the M-1 light in-
dustrial and research and development district, § 94-99.
CD 110:41
§ UO -355 CAPE CANAVERAL CODE
(13) Restaurants. (4) Rear, 15 feet, except where industrial prop -
(14) Public buildings. erty abuts a residential district, in which
(Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95) case the minimum rear yard requirement
Cross reference—Adult entertainment, § 10-86 et seq. shall be 25 feet.
Sec. 110-355. Prohibited uses and structures.
In the M-1 light industrial and research and
development district, the following uses and struc-
tures are prohibited:
(1) All uses not specifically or provisionally
permitted in this division and uses not in
keeping with the light industrial and re-
search and development character of the
district.
(2) Any use deemed objectionable by the stan-
dards established in section 110-466 et seq.
(Code 1981, § 638.09)
Sec. 110-356. Area and dimensions.
In the M-1 light industrial and research and
development district, the area and dimensions
shall be as follows:
(1) Minimum lot area
,shall be 10,000 square
feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum floor area shall be 300 square
feet.
(6) Maximum height shall be 40 feet.
(Code 1981, § 638.11)
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research
and development district, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this
section.)
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 638.11)
Sec. 110-358. Landscaping, screening and
parking.
In the M-1 light industrial and research and
development district, landscaping, screening and
parking shall be as provided in article IX of this
chapter.
(Code 1981, § 638.13)
Sec. 110-359. Performance standards.
In the M-1 light industrial and research and
development district, performance standards shall
be as provided in section 110-466 et seq.
(Code 1981, § 638.15)
Sec. 110-360. Parking and loading.
In the M-1 light industrial and research and
development district, offstreet parking shall be as
provided in section 110-491 et seq. and offstreet
loading shall be as provided in section 110-506 et
seq.
(Code 1981, ch. 638.17)
Secs. 110-361-110.370. Reserved.
DIVISION 7. TOWNHOUSES
(2) Side (interior lot line), 15 feet, except where Sec. 110-371. Permitted use.
industrial property abuts a residential dis-
trict, in which case the minimum side in- Townhouses are permitted as an allowed use in
tenor lot shall be 25 feet. R-2 and R-3 districts.
(3) Side (corner lot line), 25 feet. (Code 1981, ch. 639)
Supp. No. 2 CD110:44
Meetir:g Type: Regular
Meeting Date: 08/06/96
AGENDA
Heading
Discussion
Item
11
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: OCEAN WOODS ENTRANCE ROAD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council to determine whether or not to proceed with the dedication of this roadway.
I
Summary Explanation & Background:
Mayor Porter has requested that Council consider this matter.
Attached are reports from the Building Official and Public Works Director.
Please advise.
Exhibits Attached:
Building official's memo dated 07/31/96; Code Sec. 98-92; file documents
City Man= errs Office
Department BUILDING DEPT
City MonlAanin\cauncd\u=tingu_o0 7 61oczanads�A.
_nnett Boucher
City Manager
FROM: G. J. Moran/.�'
Building Officia
SUBJECT: Ocean Woods Entrance Road
July 31, 1996
Referencing your request for information relating to the above referenced private street
and relating to a proposal that the city consider acceptance of this street, the following has
been ascertained by an on-site inspection and research of city files;
Submitted survey and site plans indicate that;
1. There is a 40' ingress / egress easement.
2. That a 5' wide sidewalk is located on the north side.
3. driving area / paving area is approximately 19' wide, 23-1/2' with Miami curb &
gutter.
4. West entry way is two lanes of 17' ft. each with a curbed median of 9-1/2'.
5. Paving is I" of type 111 asphalt with 6" of compacted limerock base (98%- LBR40).
On Site inspection ascertains that;
A. Ingress / egress . approximately 40' wide.
B. A 4' sidewalk exists on the south side at the west entrance and ends at the guard
building.
C. Driving area / paving area is approximately 19' wide, 23-1/2' with Miami curb &
gutter and has been recently resurfaced.
D. West entry way is two lanes of 17' each with a curbed median of 9-1/2' and is in need
of minor repairs to curbing.
E. Unable to determine depth of asphalt or base material.
City Code Requirements Section 98-92 Streets.
(d) Marginal access streets (least restrictive) require a 50' right of way (easement), 24'
wide pavement, and 5' sidewalks on both sides.(see # 1, 2, 3 & A, B & C above)
(q) Subgrade stabilization requires a 12' depth. (see #5 above)
Summation:
A deficiency in right of way width, sidewalks and depth of limerock base exists at the
site. The streets appears to be well maintained and shows no signs of potholes or broken
gutter.
attached; Code Sec. 98-92
Copies of documents on file
F
§ 98-$8
CAPE CANAVERAL CODE
(b) One monument with bronze disk will be re-
quired in each subdivision or at least one per 50
units in larger subdivisions. The location of the
monuments must be approved by the city engi-
neer.
(c) The bronze disk shall be flat, three inches in
diameter, aid 3/16 -inch thick with a one -inch by
21/2 -inch stem at the bottom. This marker shall be
cemented in a drill hole in solid rock, in a bridge
abutment or in any other permanent masonry
structure: The inscription shall read: "Florida,
B.M. No. , Elev. , Cape
Canaveral."
(Code 1981, § 503.09(B); Ord. No. 22-93, §
1(503.11(B)), 7-6-93)
Sec. 98-89. Water supply.
(a) All structures shall be connected to the city
water supply.
(b) Fire hydrants shall be placed so that the
area served must fall within 500 feet radius or
650 feet along the street. Minimum size of the fire
hydrant main shall be six4 inches and specifica-
tions shall conform to the "Criteria for Water and
Sanitary Sewerage Systems Within Brevard
County."
(c) All public water plans and specifications
must be approved by the city engineer, the City of
Cocoa water department, and, as applicable, the
state department of environmental protection or
its successor departments/agencies.
(Code 1981, § 503.09(C)(1); Ord. No. 22-93, §
1(503.11(C)(1)), 7-6-93)
Sec. 98-90.—Sewers.
All structures shall be connected to the city
sewer system. System design and construction
shall conform to the "Criteria for Water and San-
itary Sewerage Systems Within Brevard County."
All sanitary sewer plans must be approved by the
city engineer and, as applicable, the state depart-
ment of environmental protection and the state
depart -fent of health and rehabilitative services
or their successor departments/agencies.
(Code 1981, § 503.09(C)(2); Ord. No. 22-93, §
1(503.11(C)(2)), 7-6-93)
Sec. 98-91. Drainage.
Storm drainage, groundwater drainage and
other drainage improvements plans and specifica-
tions for a subdivision must be approved by the
city engineer and, as applicable, the St. Johns
River Water Management District.
(Code 1981, § 503.09(C)(3); Ord. No. 22-93, §
1(503.11(C)(3)), 7-6-93)
Sec. 98-92. Streets.
(a) Arterial streets cross sections of a subdivi-
sion shall be in accordance with the city compre-
hensive plan and as determined by the city engi-
neer and approved by the planning and zoning
board.
(b) Collector streets shall have either:
(1) A 60 -foot -wide right-of-way, two 20 -foot -wide
pavements, four -foot -wide separation strips,
five -foot -wide sidewalk on each side; or
(2) A 60 -foot -wide right-of-way, 40 -foot -wide
pavement and four -foot -wide sidewalk on
each side.
(c) Minor streets for row houses and apartments
shall have a 60 -foot -wide right-of-way, 36 -foot -
wide pavement, and five -foot -wide sidewalks on
each side. For residences, minor streets shall have
a 50 -foot -wide right-of-way, 24 -foot -wide pavement,
and five -foot -wide sidewalks on each side.
(d) Marginal access streets shall have a 50 -foot -
wide right-of-way, 2446ot-wide pavement, and five-
foot -wide sidewalks on each side.
(e) Streets along development boundaries and
streets connecting a development with existing
improved street systems require cross sections as
determined by the city engineer and approved by
the planning and zoning board.
(f) Alleys must be paved full width, 20 feet min-
imum, as per approval of the city engineer.
(g) Grades on streets require plans and profiles
to be approved by the city engineer.
(h) Radii of pavements at street intersections
shall not be less than 30 feet at the edge of the
pavement or face of the curbline.
CD98:16
SUBDIvisioNS
(i) All rights-of-way for streets, roads and
drainage easements are to be cleared for their full
width and, upon completion, left in a clean and
neat condition. If required to prevent erosion or
excessive washing, such areas abutting the street
and ditches shall be sprigged with grass or other
protective measures shall be taken as required by
the city engineer.
(j) All necessary drainage easements shall be
furnished at no expense to the city.
(k) The developer shall give the city engineer
at least two weeks' notice in writing by registered
letter before the commencement of any construc-
tion.
(1) The developer shall have available a quali-
fied engineer or assistant for the purpose of set-
ting all line and grade stakes when required by
the contractor or inspector.
(m) The city may have an inspector on the
project when deemed necessary during the con-
struction period. The inspector shall be autho-
rized to enforce the construction of the work in
accordance with the plans and specifications cov-
ering the work. iThe inspector shall be furnished
with a complete set of plans and specifications for
this purpose. If any change is required in the plans
during the period of construction, such changes
must first be approved by the city engineer.
(n) All paved roads shall provide a minimum of
two 12 -foot -wide lanes (24 feet width total) exclu-
sive of curbs.
(o) All roadways shall be underlain by a base
course of one of the following types, having a min-
imum thickness of six inches, with design as pre-
scribed by the "Manual of Uniform Minimum
Sfandards for Design, Construction and Mainte-
nance of Streets and Highways," as published by
the state department of transportation, and no
other:
(1) Limerock stabilized base. Limerock base will
only be used in well -drained areas not
having a high or fluctuating water table.
The area must be approved by the city en-
gineer.
(2) Soil -cement base. Design of the mixture
shall be submitted to the city engineer for
3 98-92
approval before processing begins. Wet -dry
test cylinders shall have a psi compression
value of 300 pounds or greater at seven
days.
(3) Sand bituminous road mix. Design of the
mixture shall be submitted to the city en.
gineer for approval before processing starts.
The design will include the amount of bi-
tumen by volume to be supplied per inch of
depth per square yard of surface and the
maximum obtainable density per cubic foot
with optimum bitumen content.
(p) The pavement surface of streets shall have
single, double or triple surface treatment, and a
minimum of a one -inch -thick asphaltic concrete
surface course, as specified by the state depart-
ment of transportation "Standard Specifications
for Road and Bridge Construction," latest edition.
(q) Subgrade stabilization of streets shall have
a Limerock bearing ratio (LBR) equal to LBR 40 to
depth of 12 inches. The subgrade shall be that
portion of the road directly and through 12 inches
below the base course, and the entire width of the
road and extending six inches back of the curbs. If
curbs are not used, the subgrade will be stabilized
one foot wider than the pavement on both sides.
(r) Stabilized subgrade requires one LBR for
every 600 square yards. Base course design for
soil cement and sand bituminous road mix re-
quires a test for every material change. Limerock
base course requires a Proctor test for every type
of Limerock. Asphaltic concrete surface course re-
quires a design to be submitted for approval. A
2300 Hubbard -Field stability is required, as well
as type 2, as prescribed by the state department of
transportation standard specifications.
(s) Curbs and gutters shall have a raised curb
of one of the following types and shall be con.
structed of class A concrete:
(1) Six-inch by 16 -inch straight curb.
(2) Combination curb and gutter.
(3) Combination sloped curb and gutter sloped
curb.
CD98:17
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City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
t T, ^+ CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
APE CA
\ CUVERQ
MEMORANDUM
DATE: JULY 18, 1996
TO: WHITEY MORAN MICHAEL GLUSKIN
BUILDING OFFICIAL PUBLIC WORKS DIRECTOR
FROM: BENNETT C. BOUCBE
CITY MANAGER
SUBJECT: OCEAN WOODS BLVD. ENTRANCE
The City Council will determine at their August 6 meeting whether or not to pursue the dedication
of this roadway from the property owner to the city. They have requested the following
information prior th their meeting:
• There be an assessment of the roadway to determine if it is built to city specifications
and
• The city obtain a quote from Nick's Landscaping on the annual costs to maintain the
median and associated road right of ways.
Please forward this information to my office no later than Wednesday, July 31.
Thank you for your cooperation.
RESPONSE W.
* Public Works is not in possession of drawings or specifications
from the Ocean Woods project, however it has always been our
understanding that Oceanwoods Blvd. is not a public street be-
cause it was not constructed to city standards, either in terms
of construction standards or acceptable width.
* Nick's has quoted us a price of seventy (70.00) dollars a month
to add the segment of Oceanwoods Blvd. from SR401 to the gated
entryway to Ocean Woods to our existing contract. This includes
mowing, edging and weedeating of the median and both sides of
the ROW for a width equal to two mower runs.
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
ff NICK'S LAWN SERVICE
' ! ; L Land t=rnping
Dr rs of Quality tntorfor ,
htr;t>(reencry l Ittteriar n
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f3�t in�a frit t5wee)�It lar dscape Mai
I
CITY 9� GARB CANAVERAL
ii1' i. 'Grape. 1;averal,FL
.ATTN: aYMcKee
' � � 1 • t I "t i
Pleasepreview the following propq i
Inca, hereafter referred;' o
+ o t y c�izararr ed to be done as specif i +rd a
pxofes on manner.
,
`..s :NLS *az1 -add Ocean Wood Blvd to tri
$]U.DOfpe month. This includes n w
r, �We , herglpy- agree ' to provide the 1, b r
.the Wolk in accordance with the'�e o
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€ Serie;!Inc, within 7 working days.
;terminated by either party for �r�Y rt
writteninotice thereof to the otherj
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CITY OF
CdPE GMAVERAt
DATE:
TO:
FROM:
ITEM #111
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1 100
MEMORANDUM
JUNE 13, 1996
BENNETT C. BOUCHER
CITY 11ANI AGER
JOHN PORTER
MAYOR
SUBJECT: OCEAN WOODS ENTRANCE
Dick Berry, who represents B C Development, is willing to deed road and road right of way to the
City, contingent on the following being included in the agreement:
When they develop the property_ , thev will be allowed to make road cuts and jack and bores
across the road for utilities.
The draft agreement should be made with B C Development and/or its successors.
JP:kmm
L
i
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
QQINT=M n" Q.FC`Yri rn P.AP,FR
ZONING
Sec. 110-473. Minimum width of courts.
The minimum width of a court shall be 30 feet
for one-story buildings, 40 feet for two-story build-
ings and 60 feet for four-story buildings. For every
five feet of height over 40 feet, the width of such
a court shall be increased by two feet, provided
that open unenclosed porches may project into a
required court not more than 25 percent of the
width of such court. Nominal insets in the building
facade of six feet or less shall be exempt from this
section.
(Code 1981, § 641.39)
Sec. 110-474. Water areas.
All areas within the city which are under water
and not shown as included within any zoning dis-
trict shall be subject to all the requirements of the
district which immediately adjoins or abuts the
water area. If the water area adjoins two or more
districts, the boundaries of each district shall be
construed to extend into the water area in a
straight line as projected until they intersect a
projected line f om other district boundaries.
(Code 1981, § 641.41)
Cross reference—waterways, ch. 106.
Sec. 110.475. Sidewalks required.
(a) Construction of sidewalks shall be required
in conjunction with the construction of any
building or development on property abutting any
paved street, public and private, within the city
limits. L
(b) Sidewalks constructed in residential district
shall be four feet wide, and five feet wide in com-
mercial and all other districts. Sidewalks and con-
crete aprons will not be required across asphalt
paved driveways, but the asphalt driveways must
be maintained in good repair by the property
owner. Sidewalks along State Highway AlA will
require a permit from the state department of
transportation and shall be five feet wide.
(c) Sidewalks being installed on a street within
the same block which already has sidewalks or
portions of sidewalks installed must conform in
width with the existing sidewalks, but not to ex-
ceed five feet in width.
§ 110-478
(d) Sidewalks shall normally abut the property
line, but may be installed anywhere within or
without the right-of-way to permit alignment with
existing sidewalks or to accommodate trees or
other objects which are not desired to be moved.
altered or removed.
(e) Construction of sidewalks shall be completed
prior to the issuance of certificate of occupancy or
final inspection. Costs of construction shall be
borne by the property owner. Construction of side-
walks shall be in accordance with the city speci-
fications, as adopted by resolution.
(f) Sidewalks contiguous with or a part of the
bicycle path system shall provide for a smooth
transition between surfaces.
(Code 1981, § 641.55)
Cross reference—Streets, sidewalks and other public
places, ch. 66.
Sec. 110-476. Dedicated public land.
Dedicated public streets, walkways, alleys, ac.
cessways or easements may be closed or relocated
as part of or in conjunction with any private de-
velopment phase upon an application being made
to the city council, after review of and recommen-
dation from the planning and zoning board, and if
the application is in the best interest of the city.
However, the vacated land shall not be used as
acreage for any density calculations. Any request
for vacating a dedicated public street, walkway,
alley, accessway or easement must be submitted
no later than 30 days prior to the planning and
zoning board meeting at which it is to be consid-
ered.
(Code 1981, § 641.57)
Cross references—Parks and recreation areas, ch. 54;
streets, sidewalks and other public places, ch. 66.
Sec. 110-477. Dedicated public easement
No purported dedication of an easement to the
city shall be effective until it is accepted by the
city council, after review and recommendation
from the planning and zoning board.
(Code 1981, § 641.58)
Sec. 110-478. Earth station antennas.
(a) No owner, occupant or tenant of any prop-
erty located within any zoning classification shall
erect, construct or install any earth station an-
CD110:61
ty of Cape
[ORANDUM
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNCIL
FROM: BENNETTC. BOUCHER
CITY MANAGER
Canaveral
SUBJECT: W. CENTRAL BLVD. DRAINAGE DITCH COMPLAINT
A complaint concerning the condition of the above-mentioned ditch was made by Attorney John
Soileau on behalf of Southgate Trailer Park (attached). I had the building official and public
works director infpect the area and their reports (attached) indicate the ditch is in need of cleaning.
On 7/22/96, the public works director and I met with Charlie Burton and Eric Citta of Brevard
County Road and Bridge Department to solicit a proposal to clean this ditch. As of this date, we
have not received a proposal. Also, the city engineer has been looking for grant funds from the St.
Johns Water Management District and as of this date, no application for funds has been made.
For your information, the city in the late 1980's designed the improvements to this ditch. Said
project was placed on hold due to lack of funding and concern about the wildlife habitat within the
ditch. In the short run, it will probably cost $50,000 or more to clean out the north -south legs of
this ditch and over $100,000 to restore the ditch as designed in the late 1980's.
With grant funds not readily available, funding of the cleaning and restoration will have to come
from general fund reserves. With council's concurrence, I will solicit bids for the cleaning and
restoration of this drainage ditch.
BCB:kmm
Attachments
cc: Whitey Moran, Building Official
Michael Gluskin, Public Works Director
Kohn Bennett, City Attorney
John Soileau, Esq.,
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
VIA FAX: 631-1567
Mr. John L. Soileau
Watson, Soileau, Deleo & Burgett
P. O. Box 1888
Cocoa, FL 32923-1888
RE: DRAINAGE DITCH
Dear Mr. Soilehu:
ty of Cape Canaveral
This is to notify you that City staff is investigating your client's concerns addressed in
your 7/3/96 correspondence. I anticipate findings and recommendations from staff within
the next two weeks and will report such conclusions to the City Council at the August 6
meeting.
If you have any further questions or concerns, please contact me anytime.
Sincerely,
ett C.
City Manager
- ,,4T1
cc: Building Official
City Attorney
Public Works Director
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TEUPHON-_,(407) 06Z-1200 • FAX (407) 799.3170
L.Aw OFFICE=s
WATSON, SOILEAU, DELEO & BURGETT
A PROFESSIONAL ASSOCIATION
VICTOR M. WATSON I
JOHN L. SOILEAUI
JOSEPH E. DELEO
STACY L. BURGETT
DAVIO N. GLASSMAN
IBOARO CERTIFIED IN REAL PROPERTY LAW
July 3, 1996
John Porter. I\,layor
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
RE: Drainage ditch
Our File No: 95-7011
Dear Mr. Porter:
1970 MICHIGAN AVENUE. SUILOING C
POST OFFICE BOX 1888
COCOA, FLORIDA 32923-1888
VIA CERTIFIED IVIAIL
AND U.S. MAIL
TELEPHONE
(407) 631-1550
FACSIMILE
(407) 631-1567
DI T5 .I'L;U CIU:
hlavorL
City Council _
Pub. �%-or<s Dir.
Building g Oil.
Finance Dil.
I represent. as counsel. the owner of Southgate Mobile Home Park in Cape Canaveral.
Immediately adjacent to the Park lies a drainage and sanitary sewer easement held by the City
of Cape Canaveral. The easement was created in favor of the City in 1968; a copy of the
jrtstrument creating the easement is enclosed. As you can see, the instrument, provides, "the
Grantee (Cape Canaveral) further hereby agrees to property maintain said drainage canal at all
tinles and to take such action as is nece'ssary to prevent erosion and damage to land of Grantor,
its successors and assigns in the vicinity of said drainage canal".
Accordingly. there is simply no question that the City of Cape Canaveral is obligated to maintain
the easement "at all times". Unfortunately, the City has allowed the drainage ditch to fall into
disrepair. Obviously, this constitutes a breach of the terms of the easement by the city, and the
same is enforceable by my client and others as successors and assigns of Shuford Mills, Inc.
Further, aside from the legal issues, the City's persistent failure to maintain the ditch places the
health and safety of residents in danger, and threatens irreparable damage to adjacent property.
As you must be aware, there are underground utilities, including electrical service, in the mobile
home park. and since the City has allowed the ditch to become blocked flooding of the Park
periodically occurs, with saturation of the underground utilities and attendant risk of death or
M
MEMO:
TO: Bennett Boucher
City Manager
FROM: G. J. Moran, CBO
Building Official -Zk
RE: Letter Dated July 3, 1996 / Southgate Mobile Home Park
Referencing your request at the staff meeting on 7/9/96 relating to a letter sent to Mayor
John Porter from Attorney John L. Soileau, the following has been performed by the
Building Department, this date;
An on site inspection of the premises by myself to determine if the Life Safety Issues
referenced in the correspondence are valid, and if so the City's responsibility, if any.
A short overview of the site ascertained that it is a mobile home community that consists
of mainly older units, many of which would not meet the strict requirements of today's
codes relating td elevations and hurricane tie down strapping.
The site itself appears not to have any obvious infrastructures in place for site drainage,
i.e.; swales, retention or detention ponds or storm drainage. The apparent drainage is
through sheet flow across the property in a west to east direction and culminates at a
drainage ditch to the rear.
The electrical service at the site is fed from overhead to sub feeds and then underground
to load stations for the various sites. The design of the sub feeds is, in my opinion,
inadequate as the lowest portion of the panels are within, in some instances, one and one
half feet (1-1/2') from the ground at the lowest portion of the site. The exterior appliances
such as air conditioning compressors are located directly on grade and no provision was
made for protection from flooding.
An inspection of the drainage ditch at the western perimeter of the property ascertained
that it is in dire need of maintenance due to an overgrowth of weeds and shrubs that have
blocked approximately one half of it's ability to convey drainage. The ditch appears to be
approximately twenty to thirty feet across and two to three feet in depth at this point. Due
to the area involved and the sheet flow of water this may contribute to flooding, but only
during excessive conditions although it should, in my opinion, be cleared as soon as
possible by whomever is ultimately responsible.
I trust that this has addressed your inquiry sufficiently.
attached: Photographs of problem areas
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Bennett Boucher. Citv Manaa_er
FROM: Michael G. Gluskin. Public Works Director �.
DATE: Julv 17. 1996
RE: Southgate Mobile Home Park - Drainage
The Scuthaate MHP has no drainaae infrastructure, relvina instead
on sheet -flow across the site from east to west with stormwater
ultimately entering the "Canaveral Creek" drainaae canal which
runs parallel to and immediately west of the parks' western
boundary. The park appears to rely upon a small area located at
the parks' southwest corner and equipped with a weir -baffle box
as an area where drainaae accumulates: if necessary. before flow
into the canal. The area has no means of keeping accumulated
stcrmwater from backing up into the park, as it has no sides.
Durina sianificant rainfall events, stormwater can and does
accumulate in the park and has backed up along the southwest
portion of tpe park resulting in standina water of varyinn depths
which may cause electric devices (e.g. air conditionina units)
mounted on or close to the around to become sub=i:eraed to some
extent.
The drainaae canal along the bac,: of the _Nark is in definite need
of c'lea_nina_ , a fact tha: has been stated and restated manv times
over �ihe course of my three -plus years tenure with the City.
The condition of the canal is not however the sole cause of
stor:�water accumulations in the park durina excessive rainfall
events. as no drainaae syster. or plan adequate for the amount of
impervious surface contained within the par:: exists, which
results in standing_ water if the rainfall event is of unusual
duration.
SECTION 1
The purpose of this report is to present the findings, conclusions and recommendations to the City
of Cape Canaveral resulting from the investigation/study of the drainage canal adjacent to Pump Station
No. 3. This canal is referred to in the report as the Central Boulevard Drainage Canal. The capacity of this
drainage canal was evaluated to determine whether the present canal is large enough to contain the
stormwater runoff which would result from future buildout of the area during a 25 -year frequency, 24-hour
duration storm event.
The capacity of the canal and the culverts under Central Boulevard are not adequate to prevent
flooding during the design storm event. Recommended improvements include a phased construction
program and an increased maintenance program. The Recommended Plan eliminates overbank flooding
in a 25 -year, 24-hour storm event. The elements of the construction plan and the associated costs are
listed below.
Phase l
Clean channel, grade and fill banks from Astronaut
Boulevard to Central Boulevard = $42,000
Contingencies Cost = 10.500
Total Phase I Cost = $52,500
Phase II
Replace existing culverts and headwalls at Central
Boulevard = $84,500
Improve Canal north of Central Boulevard = 157.000
Construction Cost = 241,500
Contingencies Cost = 50.375
Total Phase II Cost = $301,875
r_ I rr rr
�S/ti •h �'vvC1 �t 0! co'f- )Jt.- I't'ieI cx -1l7 u"ri J)/P",.
5
Briley, Wild & Assoclotes, Inc.
Meeting Type: Regular
Meeting Date: 08/06/96
AGENDA
Heading
Discussion
Item
13
No.
mater. If directed to do so, staff could present a workable ordinance to the City Council.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: AMENDING SECTION 110-195, NON -CONFORMING USES OF STRUCTURES AND
PREMISES IN COMBINATION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council discuss this issue and determine whether or not an amendment is warranted.
/
Summary Explanation & Background:
The City Council had requested staff to provide additional information on this matter (attached).
City Planner Todd Peetz, Building Official Whitey Moran , City Attorney Kohn Bennett and I have reviewed and discussed this
mater. If directed to do so, staff could present a workable ordinance to the City Council.
Please advise.
Exhibits Attached:
City Manager's memo dated 7/18/96; Building Official's memos dated 7/19/96 and 7/26/96; Non -conforming uses from
Altamonte Springs, City of Bradenton Beach and Cape Canaveral; Memorandum from Todd Peetz
City Manager's Office
Department LEGISLATIVE
City M-VWhnk%omwcH\m dng=-0696\j 10-195
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
CITY OF
CAPE CANAVERAL
MEMORANDUM
DATE: JULY 18, 1996
TO: WHITEY MORAN, BUILDING OFFICIAL
TODD PEETZ, CITY PLANNER
FROM: BENNETT C. BOUCHER /
CITY MANAGER
SUBJECT: NON -CONFORMITIES
The City Counctil will have a discussion at their August 6 meeting on the proposal of Whitey
Moran to change the non -conformity section of the zoning code as outlined in his memo dated June
14, 1996 (attached).
Please provide additional information regarding other communities that extend non -conformities
and outline the pros and cons if the City Council were to consider such an ordinance change.
I need this information no later than Wednesday, July 31.
Thank you for your cooperation.
BCB:kmm
Attachment
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
MEMO
June 14, 1996
TO: Bennett Boucher
}� City Manager -
FROM: G. J. Moran
Building Official
.-''SUBJECT: Nonconforming Uses..1 Residential Zoning
In researching the City's Code of Ordinances, in an effort to address the issues that have
surfaced relating to the old Post Office,on North Atlantic Ave., the American Boom &
Barrier building on Church Lane, as well as others, relating to structures that are .
inappropnate for residential uses -due to their construction or configuration, and are
located in a zoningdistrict that would prohibit their use for other purposes, I have
uncovered the following;
In Section 110-195 of the Code of Ordinances that deals with "Nonconforming uses of
structures or of structures and premises in combination" , under number (7) that
states "Any new or additional use which is nonconforming shall not be permitted".
This is the only portion of the referenced code that does not allow for any exceptions for
unusual circumstances.
The City may wish to amend this to read one of the following;
1. "Anv new or additional use which is nonconformingshall not be permitted
without annroval of the Board of Adjustment"
OR
_.
-`2. "Anv new or additionafu sewhich is nonIo^forming_shall not be permitted .
without approval of the City Council"
This approach does not affect any other section and may be more appropriate than a
zoning change. Please contact me withyour thoughts.
July iy, 1996
MEMO:
TO: Bennett Boucher
City Manager
FROM: G. J. Moran, CBO
Building Offici
SUBJECT: Request for Additional Information / Non -Conforming Uses
In response to your memo dated July 18, 1996 relating to my proposal on a code change
to address existing non -conforming uses I submit the following;
Most cities have provisions in their codes for addressing non -conformities and I will
submit those that I am most familiar with, having worked with or been in charge of the
enforcement agency.
The City of Altamonte Springs, Florida, addresses changing from one non -conforming
use to another non -conforming use in it's Land Development Code under Section
3.44.20.6 (b), (attached) and allows the Director of Community Development (Planning
Official) to grant a change of use if that change is equally or more restrictive and more
compatible with the area.
The City of Bradenton Beach, Florida, addresses the above in Section 9.00.02, C, 1, of
it's Land Development Code (attached) and requires the Planning and Zoning Board to
hold a public hearing to address the issue. The requirements for approval are similar to
most codes, i.e.; a more appropriate use, no adverse impact, more restrictive, less
-intensive, etc.
As stated in my original memo, dated June 14, 1996, the City would determine the most
appropriate approval entity and the process.
Section 110-195, (1) through (6) of the City of Cape Canaveral, Code of Ordinances
presently is written to prohibit the enlargement of a structure or using any more exterior
land. It also requires destruction of the structure and non -conforming use associated with
it if damaged in excess of 50% of the fair market value at the time of destruction. There is
also a sunset clause of 50 years for valuation of over $50,000.00. These same
requirements would govern any approval of another non -conforming use.
(continued page 2)
I page 2
The main advantage to this proposal is that unlike a zoning change with it's associated
allowable use's where the city does not have any say in the type of use that will be
utilized, this allows the city to control the use under the guidelines outlined previously.
Secondly, this is an ordinance change, and a minor one at that, and would not take a
fraction of the time or incurred cost that a comprehensive plan amendment and a zoning
change would.
The City Council may, if they desire to pursue this approach, direct that these issues be
under the control of,
1. The Planning & Zoning Board.
2. The Board of Adjustment.
3. The City Council.
4. The Board of Adjustment after recommendation of the Planning & Zoning Board.
5. The City Council after recommendation of the Planning & Zoning Board.
It is my opinion�that, in view of the small number of cases involved, this approach would
be in the best interest of both the city, as well as, the property owners.
cc: Todd Peetz, City Planner
file
July 26, 1996
TO: Bennett Boucher
City Manager
FROM: G. J. Moran, CBO
Building Official
STAFF REPORT
SUBJECT: City Council Request / Additional Information / Non -Conformities
Referencing our meeting held on July 25, 1996 with the City Attorney, Kohn Bennett and
the City Planner, Todd Peetz to discuss the above City Council request the following
issues relating to a ordinance change were addressed;
Issue:
If councils decision were to adopt this proposed ordinance change what would be the
appropriate approval agency ?
Recommendation:
Process presentir used for "Variances" and "Special Exceptions". A Planning & Zoning
Board recommendation to the Board of Adjustment for approval or denial.
Issue:
If wording such as more restrictive, less intensive, more compatible, more appropriate,
and no greater adverse affect were used, how would this be determined ?
Recommendation:
Include in the ordinance section a list of issues that must be evaluated on a case by case
basis by the respective boards for the request, i.e.;
1. (more restrictive) Does this requested change reduce (a) Parking Requirements, etc. ?
2. (less intensive) Does this requested change reduce (a) Traffic ?, (b) Deliveries ?,
(c) Hours of Operation ?, (d) Noise, etc. ?
3. (more compatable / more appropriate) Does this requested change constitute a use that
will benefit and be more compatible and appropriate for both the city and the surrounding
neighborhood ?.
As discussed in the above referenced meeting the time frame and associated costs for this
method would amount to a joint meeting of the LPA and P&Z Board (courtesy notice in
paper) and two readings of council. This time frame equals approximately thirty six (36)
days and the advertisement costs are approximately $40.00.
page 2
It was also determined during the meeting that a zoning change with the required small
comprehensive plan amendment will take approximately one hundred and twenty (120)
days and cost approximately one thousand two hundred dollars ($ 1,200.00) in
advertisement costs.
This approach would allow for special conditions for approval to be placed on the
applicant, such as, landscaping, driveway criteria, signs, etc., that would not be available
with a zoning change as the allowances are automatic.
I strongly recommend that council consider this proposal on its merits.
cc: Kohn Bennett, City Attorney
Todd Peetz, City Planner
file
J.
§ 3.44.20 ALTAMONTE SPRINGS CODE LAND DEVELO
tinued for ninety (90) consecutive days (regardless of .21 Grandfather provision
tent to abandon), no nonconforming use shall thereafter be'
resumed.
3.44.21.1 Six months to apph
'tive date of this ordinance,
3.44.20.5 Miscellaneous provisions. A which is below the 100 year fl
Panning board for a determina
(a) Any use or structure which was permitted
by special exto ensity. If the'bwner fail;
ception or variance shall not be deemed a nonconforming- considered grandfathered.
n
use or structure as those terms are used in this section
3.44.21.2 Criteria for reviewing
(b) No unlawful use ofproperty propery or structures existing at the."'
Hing board shall review each req
effective date of this chapter shall be entitled to any ofe - r.,
th c- grandfathering of density
benefits or exceptions applicable to nonconforming uses or :*k
on the site. The planning boa
structures.
—grandfathering on the basis of ho
(c) Only buildings or structures for which a buil lowing criteria have been met:
ding permit
has been obtained, and construction has been diligently (a) The applicant has submit.
prosecuted, will be allowed to continue construction as a approved a conceptual plar
nonconforming use or structure. Failure to completewor k._�;�!
�X;4 of which has been complete
in accordance with the permit or within approved time
-
limits shall void any claim to nonconforming rights. The applicant has, in accor
project of the requested d(
3.44.20.6 Changes in use.-
roadway or drainage impro
?
5
(a) ExFept as provided below, a nonconforming use may be The applicant has made coi
changed only to a use permitted in the district in which'menit ts based on the request
is located. Once changed to a conforming use, no buil
z �i ; ! t' ;
or land shall be permitted to revert to a nonconforming'Y.The applicant has prepaid exp
use. services which it could not L_
,.the project was developed a,,
(b) The director of community development may grant a ch
The applicant was at the ti
of use from one nonconforming use to another nonconforM.
ing use which is equally or more restrictive or more coin-.
�ordinance actively under re
patible with the surrounding area. However, such change' pended substantial funds for
of use or occupancy shall not tend to prolong the life of the other services appropriate oi
original nonconforming use, and the city may establishi applicant has received
period of time within which the use of the building ancV," and wishes to modify the sit
land is to return to a conforming use. A petition fror'
the plan into greater conform
change in use pursuant to this section shall be submittal
to the director of community development. ;The applicant has undertal
or incurred subs
(Ord. No. 954-88, H 40, 41, 4-5-88) ;alterations
which the planning board fi
requested density..,
V
Supp. No. 2 No. 4 .1
244 45
V
A
07/18/913 12:16 CITY OF BRADENTON BEACH 004
C. Conversion of a Nonconforming Use
1. Upon application to, and approval by, the Planning and
Zoning Board, a nonconforming use may be converted to
a more restricted, less intensive, nonconforming use,
provided that the Planning and Zoning Board shall find,
atter holding a public hearing, that the praposed use is
more appropriate to the zoning district than the exist-
ing nonconforming use and that the proposed use will
have no greater adverse effect upon the surrounding
properties and uses than does the existing nonconforming
use.
2. Any nonconforming use which is replaced by a conforming
use shall thereafter conform to the provisions of the,
zoning district in which it is located, and the said
terminated nonconforming use shall not thereafter be
resumed, nor shall any other no use be
permitted.
U.• Alteration and Repairs
Normal ndintenance and repair and incidental alteration of a
structure containing a nonconforming use is allowed, provided
it does not increase the intensity or extend the area or
volume of space occupied by the nonconforming use.
E. Change in Tenancy or ownership
There may be a change in tenancy, ownership or.management of
a nonconforming use provided there is no change in the nature
or characteet of the use to increase the degree of
nonconformity.
F Nonconforming Accessory Uses
No nonconforming accessory use shall continue after the prin-
cipal use shall have been terminated unless such accessory
use shall fully conform to all applicable provisions of the
zoning district in which it is located.
196
P
ZONING
§ 114-196
use of such land shall conform to the sec.
tions specified by this chapter for the dis-
three-year period, except when government
trict in which such land is located.
action impedes access to the premises, the
structure or structure and premises in com-
(4) No additional structure which does not con-
bination shall not thereafter be used, ex -
form to this chapter shall be erected in con-
cept in conformance with the regulations of
nection with such nonconforming use of
the district in which it is located.
land.
(Code 1981, § 643.07(A))
(5) Where nonconforming use status applies to
a structure and premises in combination,
Sec. 110.195. Nonconforming uses of struc-
removal or destruction of the structure shall
eliminate the nonconforming status of the
tures or of structures and re-
_ P
mises in combination.
land. The term destruction, for the pur-
pose of this subsection, means damage to
If a lawful use involving individual structures
an extent of more than 50 percent of the
or of structures and premises in combination, with
fair market value at time of destruction.
a replacement cost of $2,500.00 or more per indi-
vidual structure, exists at the effective date of
(6) The following schedule shall be followed in
adoption or amendment of the ordinance from
terminating nonconforming use of struc-
which this section is derived that would not be
tures or of structures and premises, except
allowed in the district under this chapter, the
for residential uses; such termination pe -
lawful use may be continued, so long as it re—
mains otherwise lawful, subject to the following:
_
Time
(1) No existing structure devoted to a use not
Allowance
permitted by this chapter in the district in
Assessed Valuation Termination
— which it is located shall be enlarged, ex-
of Improvements in Years
tended, constructed, reconstructed, moved
$ 1,000.00—$ 2,499.00 5
or structurally altered, except in changing
the use of the structure to a use
2,500.00— 4,999.00 10
5,000.00—
permitted
in the district in which it is located.
9,999.00 20
10,000.00— 24,999.00 30
(2) Any nonconforming use may be extended
25,000.00— 49,999.00 40
throughout any parts of a building which
50,000.00—over 50
were manifestly arranged or designed for
such use at the time of adoption or amend-
(7) Any new or additional use which is noncon-
ment of the ordim6ice from which this sec-
forming shall not be permitted.
(Code 1981, § 643.07(B))
tion is derived, but no such use shall be
extended to occupy any land outside such
— building..
Sec. 110-196. Repairs and maintenance.
(3) Any structure or structure and land in com-
(a) On any building devoted in whole or in part
bination, in or on which a nonconforming
to any nonconforming use, work may be done in
use is superseded by a permitted use, shall
any period of 12 consecutive months on ordinary
thereafter conform to the regulations for
repairs or on repair or replacement of nonbearing
the district in which such structure is lo-
walls, fixtures, wiring or plumbing to an extent
cated, and nonconforming use may not
not exceeding ten percent of the replacement value
thereafter be resumed.
of the building, provided that the cubic content of
-
(4) When a nonconforming use of a structure
the building as it existed at the time of passage or
amendment of the ordinance from
or structure and premises in combination
is discontinued or abandoned for
which this sec -
tion is derived shall not be increased and, pro -
six consec-
utive months or for 18 months during any
vided further, that such repair or replacement
shall not affect the
assessed valuation -time allow -
CD 110:27
07/31/.96 11:47 FAX 1 407 633 2074 GR.MGM:PLANNING
NON -CONFORMING USES
EXTENDING DING THEIR EXISTENCE
PRO'S AND CON'S
PRO'S
A. Uses that were existing prior to zoning regulations. Uses that were at one
time consistent with the zoning and then after changes to the existing zoning
code were made non -conforming.
1) Uses existing prior to the development of the Zoning Code,
whether they were industrial, commercial, residential or
institutional (public facility).
These uses shaped the early formation of the community. One pro
is to allow historically significant structuxes to remain in operation
or viable.
2) Allow businesses to continue that provide a valuable service
to the community, either through improved quality of life or
employment opportunities.
2�) Allow for adaptive re -use of a structure that otherwise
would not be economically feasible within its assigned zoning class.
4) Uses with unique location requirements, i.e. water related,
water dependent.
5) Formally consistent uses the were in existence prior to .
zoning or became non -conforming after a change to the zoning
regulations, would be acknowledged so that they could, be rebuilt
even if destroyed. This would permit more flexibility than
traditional grandfathering provisions.
Post -It- brand fax transmittal memo 7671 10 Ot Pa9"
lilt 001
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CON'S
A. Uses that were existing prior to zoning regulations_ Uses that were at one
time consistent with the zoning and then after changes to the existing zoning
code were made non -conforming.
1) Use; that may have historical significance also may be
lustorically a nuisance within the community.
2) Allowing a structure to convert to another use inconsistent
with the zoning code may appear to weaken the zoning code.
3) The zoning code is designed to guide development to what
is appropriate for the community. Usually when zoning is
implemented or amended the intent is to guide the community
towards a new and different path.
4) If non -conformities are permitted haphazardly, the the
community may lose the ability to effectively enforce compliance
with the zoning code -
4
This is not to say that these are the only Pro`s and Con's to non -conforming uses.
In many situations a case by case review i.5 --almost warranted_ If it is acceptable
for a certain area of businesses or homes to have extended grandfather status,
then it may be more appropriate to zone them consistent with the use, if possible.
fdj 002
07/31/96 11:40 TX/RX H0.5924 P.002 N
07/31/96 11:47 FAX 1 407 633 2074 GR.MGM:PLANNING X1003
LAND DEVELOPMENT REGULATIONS § 62-1190
provide to the zoning director such deeds, affda-
on the drawing is true and correct to
vies, photographs and other available documents
the best of the applicant's knowledge.
as deemed necessary by the zoning division di-
Such survey or drawing shall show the
rector for his administrative determination of non.
dimensions, height and number of sto-
conforming use status and compliance with the
ries of all structures; the number of res -
provisions of this subdivision. Where, upon re-
idential or hotel units, as applicable,
view of the submitted documents, the zoning di-
and the square footage of all structures;
vision director deems the documents insufficient
setbacks of all structures and distances
to administratively approve and verify the non-
between structures; and configuration
conforming use status of the subject property or
of support facilities. Such survey or
compliance with the provisions of this subdivi-
drawing shall be accurate at the time
tion, the zoning director is authorized to schedule
of the submission of the application.
a hearing on the application for verification of
d, An application fee as established by the
nonconforming use status before the planning and
board of county commissioners.
zoning board for its consideration, as if the appli-
e. CIear and convincing evidence that
cation were for an amendment to the official
demonstrates the existence of the pre -
zoning map and following the procedures set forth
existing use at the time of the cornpre-
in section 62-1151.
(Code 1979, § 14-20.38(J))
hensive plan adoption or applicable
amendment_
Sec. 62-1190. Preexisting use designation.
(2) The planning and zoning division director
may approve the application for preexisting
Any property hsving a structure whose use is
use, after review by appropriate staff, if it
conforming to the county zoning regulations, or
is deterni*+ed that the following conditions
the use of which was conforming to the county
are met:
zoning regulations prior to administrative re-
a. The complete application trust be sub -
zoning, which hah been made inconsistent by the
mitted by the applicant prior to the de -
adoption of or an amendment to the county corn.
struction or damage of the structure by
prehensive plan, may request a preexisting use
any cause where such damage exceeds
designation.
60 percent of the fair market value of
(1) Application for preexisting use designation
such structure, or, if damage exceeding
shall be submitted to the zoning official. In
60 percent of fair market value pre -
addition to the requirements set forth in
cedes the application, it must be sup -
section 62-1161, the application shall in-
ported by clear and convincing evidence
dude the following.
of prior usage hilly acceptable to the
approving authority.
a. The property owner's name and ad-
drdss, deed
b. The application must be verified as a
a recorded indicating his
complete and accurate application pur-
ownership, and the legal description of
suant to subsection (1) above.
the property.
a The property must be verified as having
b. An affidavit executed before a notary
a use which was conforming to the
-'public under penalty of perjury at-
county zoning regulations at the time
testing to the existing use at the time
it was made inconsistent with the com-
that the application is made and the
prehensive plan by the adoption of or
date the use was established.
an amendment to the county compre-
c. A sealed, as -built survey of the site, or
hensive plan, or an administrative re -
a scale drawing of the site along with
zoning implementing an amendment to
an afrdavit executed before a notary
the comprehensive plan.
public under penalty of perjury at-
d. It must be determined that the prop -
testing that the information reflected
erty representing the application can
Supp. No. 1 CD62:85
07/31/96 11:40 TX/RX N0.5924 P.003
07/31/_96 11:47 FAX 1 407 633 2074
GR.MGM:PLANNING 1@004
by fire, wind, flooding or any other sim-
nated preexisting use may be ex-
ilar act of God beyond 50 percent of the
§ 62.1190 BREVARD COLTk= CODE
fair market value to the exact contig-
be brought into closer compliance with
built such that the site is more noncon-
commissioners provided that the
all applicable provisions of the compre-
forming by design-
and reestablish the use. The new strut-
hensive plan and this chapter pursuant
b. Replace a designated preexisting use,
within which the preexisting use
to subsection. (9)a. above.
if the structure is destroyed and is re -
(3)
Any person aggrieved by a decision of the
built pursuant to subsection (1)a of this
.
planning and zoning director may appeal
section, uses similar in characteristics
the decision directly to the board of county
to those permitted in the zoning clas-
The appeal must be filed
s1flcation that was in place on the prop -
with
with the development review department
erty. at the time itbecame inconsistent
director by letter setting forth the basis of
with the comprehensive plan.
the appeal within 30 days after the deci-
c. Expand by administrative review and
•
tion- is rendered.
approval by 15 percent of floor area so
long as the expansion meets all county
(4)
Upon approval of an application for pree-c-
land development regulations- This
isting use, the zoning of u!:ial shall issue
shall not permit expansion which ex -
written confirmation to the property owner,
teed the maximum permitted by the
and the parcel shall be so designated pre-
zoning classification and comprehen-
existing use (PEU) by Vie zoning official on
sive plan.
the official zoning maps of the county. The
I. Support facilities.
use affidavit and as built survey or drawing
submitted with the application pursuant to
(i) Support facilities to support
subsection (1)c of this section shall be used
the existing preexisting use
as the basis to determine the preexisting
(such as parking, drainage Pa-
use and configuration of the structures
cilities, landscaping, signage,
should a building permit be requested under
etc.) may be expanded where
this section subsequent to the designation
necessary to bring the site into
of the preexisting usf.
closer compliance with the
(5)
A preexisting use may not be reestablished
county's land development
if at any time it is changed to a use that is
regulations.
consistent with the comprehensive plan, or
(u) E>~pansions to abutting prop -
if the preexisting use is abandoned for a
erties may be permitted.
period of one year or more.
Where the proposed expansion
(6)
Replacement of mobile homes in Wanton-
on the abutting property is not
conforming to the preexisting
forming mobile home parks shall be ad-
zoning classification, the ex -
dressed as provided in section 62-3186.
pansion may be considered
(7)
Regardless of other provisions in this sub-
only by the board of county
division, properties with the preexisting use
commissioners pursuant to 62 -
designation would be permitted to:
1151.
a. Rebuild structures that are destroyed
2_ Substantial expansion. A desig-
by fire, wind, flooding or any other sim-
nated preexisting use may be ex-
ilar act of God beyond 50 percent of the
paraded beyond the preceding lim-
fair market value to the exact contig-
itations by the board of county
uxation (widtb, depth, height and bulk)
commissioners provided that the
at the time they were so designated,
expansion is found to be compat-
and reestablish the use. The new strut-
ible with the character of the area
ture and support facilities shall con-
within which the preexisting use
form to the greatest extent possible
is located, and contains uses and
with this chapter, but may not be re-
proposed site. improvements that
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07/31/96 11:47 FAX 1 407 633 2074 GR.MGM:PLANNING 1@005
3.
F19
Supp- No. 1
will enhance the existing use and
will substantially elevate the ex-
isting site toward full compliance
with all current applicable land de-
velopment regulations and impacts
of which on the existing infrastruc-
ture meets all concurrency guide-
lines- The board shall hold a public
hearing pursuant to section 62-
1151, and subsection (7)c.4.
Security trailers ,ney be approved
by the board of county commis-
sioners at a public hearing con-
ducted pursuant to section 62.1151,
and subsection (7)c.4. Approval by
the board of county comm i ioners
of any security trailers may be for
one year. One administrative ap-
proval may be granted- After two
years, the applicant must have pro-
vided for permanent security.
The application to rebuild. replace
or espaud shall be submitted to the
zoning official and be accompanied
by the following exhibits:
(i) i A copy of the written confir-
mation issued by the zoning
official designating the prop-
erty as a preexisting use.
(ii) A site development plan which
conforms to section 62-2801 et
seq. which shall illustrate the
location and extent of all pro-
posed expansions and their
confarma ee to all applicable
site improvement require-
ments, or the proposed re-
building or replacement con-
struction and the degree with
which that construction meets
or bring the site into more con-
formance with all applicable
site improvement require-
ments.
(iii) Architectural renderings
which illustrate that the struc-
tures) will continue or en-
hance the property's compati-
r-
$ 62-1251
bility with the character of the
area within which it is located.
(Code 1979, § 14-20.38(M; Ord. No. 93-18, § 2,
6-22-93)
Secs. 62-1191-62-1250. Reserved.
DIVISION 3. ZONING MAPS AND
cLASSIFICATIONS GENERALLY
Sec. 62.1251. Official zoning maps.
(a) The zoning classifications and special or con-
ditional use designations an the official zoning
maps within a zoning classification shall be re -
CD62:86.1
07/31/96 11:40 TX/RX N0.5924 P.005 0
Meeting Type: Regular
Meeting Date: 08/06/96
AGENDA REPORT
AGENDA
Heading
Discussion
Item
14
No.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SR AlA BEAUTIFICATION PROJECT
DEPT./DIVISION: Mayor Porter
Requested Action:
Summary Explanation & Background:
4�
Exhibits Attached:
City Manager's Office
Department
ty of Cape Canaveral
VIORANDUM
1 V: HUN URABLE MAYOR AND
MEMBERS OF CITY COUNCIL
DEPARTMENT HEADS
CITY EMPLOYEES
FROM: BENNETTC. BOUCHE
CITY MANAGER
SUBJECT: CITY MANAGER'S REPORT - 6/28/96 - 7/31/96
Legislative Issues
City Gas Franchise Agreement - Met with City Gas officials on 7/24/96 to work out remaining
issues; may have first reading on 8/20/96.
City Council did not amend Section 110-171, Establishments Serving Alcoholic Beverages, or
Section 110-354 to allow more permitted uses by special exception within the M-1 zoning district.
City Council will have a final reading on 8/6/96 of an ordinance that establishes criteria for private
entry gates; also will have the first reading of an ordinance that would prohibit speed bumps and
establish criteria for speed humps.
City staff is preparing comprehensive plan amendments and the appropriate zoning ordinances to
allow public schools within the R-2, R-3, C-1 and M-1 zoning districts and the request to rezone
the old post office site from R-2 to C-1.
The Commercial Development Board has been tasked to review the permitted use categories within
the C-1 and M-1 zoning districts and make a recommendation to the LPA on any suggested
- changes.
City Planner Todd Peetz is finalizing the draft EAR report which will be sent to DCA by 8/10/96
in order.to receive the remaining planning grant funds.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
Honorable Mayor, et al
Page Two
August 1, 1996
Legislative Issues(cont'd)
City staff will be working on a new C-2 zoning district category that will be a mix of M-1 and C-1
type permitted uses.
The Planning & Zoning Board will hear on 8/14/96 a petition for a mixed use planned unit
development ordinance.
Public Works Issues
Reuse Project Phase I - RKT commenced work the week of 7/29/96 at the WWTP; and will start
by laying pipe on Tower Blvd. The WWTP Project is progressing on schedule.
The Sewer Manhole Rehab Project was completed and the slip -lining of East Central Blvd. started
the week of 7/29/96.
The public works director submitted a request to FPL for 101 street lights within the city.
Still waiting for FDOT to submit a proposed maintenance agreement for SR AIA.
The SBA Tree Planting Project was inspected 7/25/96 by the state forester; we anticipate receiving
grant funds in the near future
Recreation Issues
The youth center opened on 7/29/96. Special thanks to all employees who helped make this
facility a reality.
The ballfield electrical building was completed and the recreation director will be working on the
lighting and restroom rehab project.
CRA, our grant consultant, is finalizing the P-2000 grant package for (7) acres of property north
of Angels Isle for a sports field and riverfront restoration. CRA is also working on the Longpoint
Park grant application.
On the current P-2000 grant that was awarded to the city for ten acres of riverfront property, staff
received sample option agreements and related paperwork to proceed with the purchase of this
property. The state is requiring two appraisals on this property from appraisers that are approved
- by the state. This cost will be covered by the grant.
Other Issues
Time Warner Cable will be installing fiber optic cable within the city this fall.
Honorable Mayor, et al
Page Three
August 1, 1996
Other Issues -(cont'd)
I want to thank all city employees for their dedication and professionalism during Hurricane
Bertha.
r -
Met with our grant consultant, CRA, on 7/30/96; asked them to provide information and proposals
on grants for the youth center, the development of the manatee park, historic preservation grant for
the old building south of post office, tree planting, emergency management and the Central Blvd.
drainage ditch.
Greg Mullins attended a week long code enforcement school and took a test to be a certified code
enforcement officer. Congratulations, Greg.
If there is any additional information or concerns that you might have, please feel free to contact
me anytime. My door is always open.