HomeMy WebLinkAboutAgenda Packet 01-16-2018 CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 16, 2018
6:00 P.M.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public
hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g.
approval of agenda, minutes, informational items), and quasi-judicial or emergency items.
Citizens will limit their comments to three (3)minutes. The City Council will not take any action
under the"Public Participation"section of the agenda. The Council may schedule items not on the
agenda as regular items and act upon them in the future.
CONSENT AGENDA:
6:15 p.m. 6:20 p.m.
1. Approve Minutes for December 19, 2017 City Council Regular Meeting.
2. Approve Replacement Interlocal Agreement for the Save Our Indian River Lagoon Local
Infrastructure Surtax.
3. Reaffirm policy contained in City Code Sec. 110-627 requiring construction of a
minimum 150 hotel units at the same time.
PUBLIC HEARINGS:
6:20 p.m. 6:30 p.m.
4. Ordinance No. 16-2017; amending Section 82-56 of the City Code to delegate to the Code
Enforcement Board the responsibilities to serve as the Board of Adjustment and Appeals
for the enforcement of the Standard Unsafe Building Abatement Code; providing for the
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code,
severability and an effective date, second reading.
5. Ordinance No. 01-2018; amending Section 110-296 of the Land Development Code to
increase the maximum height for public or recreational buildings and structures located on
properties with a Future Land Use designation of Public/Recreation to 35 Feet; providing
City of Cape Canaveral, Florida
City Council Meeting
January 16, 2018
Page 2 of 2
for the repeal of prior inconsistent ordinances and resolutions,incorporation into the Code,
severability and an effective date, first reading.
ITEM FOR ACTION:
6:30 p.m. 6:35 p.m.
6. Removal of one (1) Specimen Live Oak Tree at 312 Madison Avenue (Staff
recommendation is for Denial).
REPORTS:
6:35 p.m. 6:45 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped.Persons with disabilities needing
assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220
or x221) 48 hours in advance of the meeting.
Item No. 1
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING DRAFT
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 19, 2017
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member
Raymond led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Mike Brown
Mayor Bob Hoog
Council Member Wes Morrison
Council Member Rocky Randels
Council Member Angela Raymond
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Mia Goforth
Administrative/Financial Services Director John DeLeo
Capital Projects Director Jeff Ratliff
Community Development Director David Dickey
Community Engagement/Deputy Public Works Services Director Joshua Surprenant
Economic Development Director Todd Morley
Culture and Leisure Services Director Gustavo Vergara
Public Works Services Director Ralph Lotspeich
Brevard County Sheriff's Office Commander Linda Moros
Brevard County Sheriff's Office Major Don Barker
Brevard County Sheriff's Office Lieutenant Michael Green
Brevard County Sheriff's Office Corporal Thomas Garrity
Cape Canaveral Volunteer Fire Department Assistant Chief John Cunningham
PUBLIC PARTICIPATION: Rodney Davis, 200 International Drive, 4102, expressed concern
regarding safety rules and regulations of team sports at Canaveral City Park ballfrelds and a recent
incident that he witnessed. City Manager Greene advised Staff will provide a written status report
on the issue.
PRE SENTATIONS/INTERVIEWS: Key to the City Plaque—Brevard County Sheriff's Office
Lieutenant Don Barker: Recently promoted to Major, Don Barker was presented the Key to the
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
December 19, 2017
Page 2 of 4
City Plaque by Mayor Hoog who thanked him for his three decades of service. Major Barker
thanked the City.
CONSENT AGENDA: Mayor Hoog inquired if the minutes should be removed from the Consent
Agenda for discussion. No one removed the Item.
1. Approve Minutes for November 21, 2017 City Council Sine Die and Regular Meeting.
A motion was made by Council Member Randels, seconded by Mayor Pro Tem Brown, to
approve Agenda Item No. 1. The motion carried 5-0.
PUBLIC HEARING:
2. Resolution No. 2017-22, pursuant to Ordinance Nos. 05-2017 and 06-2017, providing for
the vesting of the existing residential condominium or townhouse projects located within the City
and listed in this Resolution that have a residential density greater than the maximum density of
fifteen(15)dwelling units per acre allowed under Comprehensive Plan, Future Land Use Element,
Policy LU-1.3.3;providing for completion and recordation of Vested Rights Certificates approved
hereunder, severability, future modifications of this resolution, additional terms and conditions
and an effective date: City Attorney Garganese read the title into the record and explained the
Certificate Program. Discussion ensued and included future projects that meet the new criteria,
modification of the Resolution, history of the City's densities and reasons for action, prompt
assistance for affected property owners,the possibility of allowing owners to build back to original
building heights, application filing deadlines, vast majority of the properties identified were built
in the 1960's, concurrency and the consequences of such changes, possible additional scrutiny by
Florida Department of Economic Opportunity had the City taken a different approach with the
regulatory scheme put in place by the Comprehensive Plan change and how that will have no
impact to existing densities. City Manager Greene noted a State official indicated this action is a
first statewide. The Public Hearing was opened. There being no comment, the Public Hearing was
closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem
Brown, for adoption of Resolution No. 2017-22. The motion carried 5-0.
3. a. Emergency Ordinance No. 13-2017, temporarily delegating to the Code Enforcement
Board the responsibilities to serve as the Board of Adjustment and Appeals for the enforcement of
the Unsafe Building Abatement Code set forth in Section 85-56 of the Cil. Code, providing an
effective date: City Attorney Garganese read the title into the record and explained the item.
Discussion ensued and included this being the only hearing of the Ordinance, clarification of the
Unsafe Building Abatement Code as set forth the City Code, duties of the Construction Board of
Adjustment and Appeals, the Board is unable to conduct business due to current composition, the
Ordinance is in effect for sixty days which is a sufficient amount of time to handle this specific
situation pending any appeal filed by the property owner, urgency of the item, seriousness of
potential health and safety issues and a subsequent recommendation to make the action permanent
in Ordinance No. 16-2017. A motion was made by Mayor Pro Tem Brown, seconded by
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
December 19, 2017
Page 3 of 4
Council Member Randels, to accept adoption of Emergency Ordinance No. 13-2017. The
motion carried 5-0.
b. Ordinance No. 16-2017, amending Section 82-56 of the City Code to delegate to the
Code Enforcement Board the responsibilities to serve as the Board of Adjustment and Appeals for
the enforcement of the Standard Unsafe Building Abatement Code, providing for the repeal of
prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an
effective date, first reading: City Attorney Garganese read the title into the record and explained
the item including the permanent assignment of appeals of the Unsafe Building Abatement Code
to the Code Enforcement Board and why. Discussion ensued and included explanation of main
duties of the Construction Board of Adjustment and Appeals, the rarity of the Board's necessity
and need to meet,membership is down to one person due to infrequent need to hold such meetings,
requirements of members serving, difficulty in recruitment and the high performance of the City's
Building Official. A motion was made by Council Member Morrison, seconded by Council
Member Randels,for adoption of Ordinance No. 16-2017 at first reading. The Public Hearing
was opened. There being no comment, the Public Hearing was closed. The motion carried 5-0.
ITEMS FOR ACTION:
4. Appointment of Votinggate/Director and an Alternate to the Space Coast League
Cities: Mayor Pro Tem Brown stated he believed it was time to give someone else an opportunity
to serve after two years as Voting Delegate. Discussion ensued and included a recommendation
that all of Council get involved in the Space Coast League of Cities' policy committees, the time
commitment required to attend on a monthly basis as Voting Delegate/Director and getting new
Council Members involved. Council Member Raymond stated her desire to serve but would not
be in town for the January 8th Meeting. A motion was made by Mayor Pro Tem Brown,
seconded by Council Member Morrison,to appoint Council Member Raymond as the Voting
Delegate/Director to the Space Coast League of Cities Board of Directors. City Manager
Greene suggested voting on the Delegate/Director first and the Alternate second out of an
abundance of caution. The motion carried 5-0. A motion was made by Council Member
Randels, seconded by Council Member Raymond, to appoint Council Member Morrison as
the Alternate Delegate to the Space Coast League of Cities Board of Directors. The motion
carried 5-0. Mayor Hoog thanked both Council Members for stepping forward and provided
additional information regarding the League's policy committees.
REPORTS:
Commander Moros wished everyone a safe holiday and urged the public to find designated drivers.
City Attorney Garganese wished all a Merry Christmas and Happy New Year.
City Manager Greene wished all a happy, healthy and safe holiday season.
City of Cape Canaveral, Florida DRAFT
City Council Regular Meeting
December 19, 2017
Page 4 of 4
Mayor Pro Tem Brown thanked Staff for their condolences and sympathy card on the passing of
his father; and expressed thanks to first responders and law enforcement during the holidays.
Council Member Morrison thanked Mayor Pro Tem Brown for his service on the Space Coast
League of Cities Board of Directors and offered prayers and condolences for his father; and voiced
his appreciation to Darlene Olson, owner of a local car wash/sub shop, for hosting a free
Thanksgiving dinner to over one hundred people.
Council Member Randels provided information regarding the Florida Department of
Transportation, Space Coast Transportation Planning Organization, Space Coast Area Transit and
Florida's Coast-to-Coast Connector Trail.
Council Member Ram shared information regarding a request she received for assistance in
transporting water to Vero Beach to be shipped to Puerto Rico, her efforts to gain additional help
and asked to hear any ideas from those interested in helping; and wished all a Merry Christmas
and Happy New Year.
Mayor Hoog wished all a Merry Christmas and Happy New Year; and for Staff to keep up the
good work.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:59 PM.
Mia Goforth, CMC, City Clerk Bob Hoog, Mayor
City of Cape Canaveral
[City Seal] City Council Agenda Form
City Council Meeting Date: 01/16/2018
Item No. 2
Subject: Approve Replacement Interlocal Agreement for the Save Our Indian River Lagoon
Local Infrastructure Surtax.
Department: Public Works Services
Summary: At its August 2016 meeting, City Council adopted an Interlocal Agreement (ILA)
with Brevard County Board of County Commissioners for the "Save Our Indian River Lagoon
Project Plan" (Plan). The Plan is a comprehensive, science-based approach that outlines a 10-
year strategy to restore the Indian River Lagoon (IRL). To fund this Plan, voters of Brevard
County passed a half-cent sales tax (surtax) in November 2016, which provides $340 million
over a ten-year period to finance, plan and construct capital projects and other programs for
restoration of the IRL, and for the acquisition of any interest in land for public recreation,
conservation or protection of natural resources.
The adopted ILA did not address Total Daily Maximum Load (TMDL) credits. In accordance
with Florida Statute, each local government is required by Florida Department of Environmental
Protection (FDEP) to reduce a set amount of pollution to the IRL. Many projects funded by the
surtax will be eligible for TMDL credits,which can be applied to satisfy this pollution-reduction
obligation. After numerous emails, discussions at several Public Manager meetings and two
inter-governmental meetings, management teams for Brevard County and the various
municipalities reached agreement regarding the equitable distribution of TMDL credits for
projects funded via the proceeds of the surtax. The selected formula uses population by sub-
lagoon as the basis for distributing TMDL credits between Brevard County and the
municipalities. The distribution formula utilizes the population estimates of local governmental
units as of April 1,2016 as published by University of Florida Bureau of Economic and Business
Research, until such time as the census data for the 2020 census becomes available. The
proposed formula provides the least credit to Brevard County and the greatest TMDL credits to
municipalities. The TMDL credit distribution method is detailed in Section 5.0 of the
replacement ILA (attached).
A replacement ILA was prepared to supersede and replace the original. All substance of the
original ILA is included and previous inconsistencies are addressed in the replacement ILA.
Staff recommends City Council approve the replacement ILA with Brevard County Board of
County Commissioners.
Submitting Department Director: Ralph Lotspeich Date: 1/9/18
Attachment: Replacement Interlocal Agreement
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/9/18
The City Manager recommends that City Council take the following actions:
Approve Replacement Interlocal Agreement for the Save Our Indian River Lagoon Local
Infrastructure Surtax.
Approved by City Manager: David L. Greene Date: 1/9/18
Attachment
Replacement Interlocal Agreement
SAVE OUR INDIAN RIVER LAGOON LOCAL INFRASTRUCTURE SURTAX
INTERLOCAL AGREEMENT
This Save Our Indian River Lagoon Local Infrastructure Surtax Interlocal Agreement
(the "Interlocal Agreement"), was made and entered into this day of , 2017, by
and between The Board of County Commissioners of Brevard County, Florida, a political
subdivision of the State of Florida ("County") and
a Florida municipal corporation existing under the laws of the State of Florida ("City").
WITNESSETH
WHEREAS, pursuant to the authority granted under Section 212.055(2)(a), Florida
Statutes, Brevard County Ordinance No. 16-15 (the "Ordinance"), and the vote of a majority of
the qualified electors of Brevard County in a referendum held on November 8, 2016, the County
levied a countywide one-half cent discretionary Save Our Indian River Lagoon local
infrastructure surtax (the "Surtax"), commencing on January 1, 2017, and continuing thereafter
for a period of ten (10) years until December 31, 2027; and
WHEREAS, section 212.055(2)(c), Florida Statutes requires distribution of an interlocal
agreement between the county governing authority and the governing bodies of the
municipalities representing a majority of the county's municipal population in order to determine
the distribution of the revenues derived from the half cent discretionary infrastructure sales tax in
lieu of using the statutory formula set forth in section 218.62, Florida Statutes; and
WHEREAS, the County and several municipalities in Brevard County entered into such
an interlocal agreement (the "Prior Agreement") in order to meet a deadline set by the Supervisor
of Elections for submitting ballot language prior to the referendum held on November 8, 2016;
and
WHEREAS, the parties to the Prior Agreement saw the urgent need to implement the
"Save Our Indian River Lagoon Project Plan," with the aim to restore the Indian River Lagoon
through financing, planning, constructing, maintaining, and operating capital improvements and
capital maintenance projects and programs designed to improve water quality, fish, wildlife and
marine habitat, remove muck and reduce pollution, as permitted under Section 212.055(2)(d)l.,
Florida Statutes; and
WHEREAS, the parties to the Prior Agreement deemed it in the best interest of all of the
citizens, residents, and property owners of Brevard County that the proceeds of the Surtax be
used to fund projects and programs designed to restore the Indian River Lagoon in the manner
set forth in the Ordinance, including operations, maintenance and reasonable administrative costs
of those projects and programs; and
WHEREAS, in the time since the Prior Agreement was entered, further concerns and
considerations have been raised in regards to the distribution of Total Maximum Daily Load
credits and potential permitting limitations for municipal signatories, making it desirable to
modify the Prior Agreement.
Page 1 of 7
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, and covenants hereinafter set forth, the County and City agree to perform the
following acts and to be bound by the following statements:
1. RECITALS. The recitals set forth hereinabove are true and correct in all respects
and are incorporated herein by reference as if set forth herein verbatim.
2. PRIOR AGREEMENT SUPERSEDED. If the City was a party to the Previous
Agreement, this Interlocal Agreement supersedes and replaces the Previous Agreement.
3. USE AND DISTRIBUTION OF SURTAX. It is the intent of the parties hereto
that even though this Interlocal Agreement is separately executed by the County with multiple
municipalities, that all of such separately executed agreements shall be construed to constitute a
single Interlocal Agreement which provides for the use and distribution of the proceeds from the
Surtax as follows:
a. Any and all revenue generated by the Surtax shall continue to be deposited into
the Save Our Indian River Lagoon Trust Fund, administered by the County, and
used for restoration projects and programs in the manner prescribed in the
Ordinance and the Save Our Indian River Lagoon Project Plan; and
b. The Save Our Indian River Lagoon Citizen Oversight Committee, as established
in the Ordinance, will assist the County with annual plan updates and may review
any proposed capital improvement, project, program, audit or other matter
presented to it by the Board of County Commissioners for a recommendation to
the County Commission.
4. MUNICIPAL PERMITTING NOT RESTRICTED. Nothing in this Interlocal
Agreement or the Save Our Indian River Lagoon Project Plan shall be read to limit any
municipal signatory's ability to obtain permits from the Florida Department of Environmental
Protection, the St. John River Water Management District, or any other governing and/or
permitting authority.
5. TOTAL MAXIMUM DAILY LOAD ("TMDL") CREDITS.
a. Any and all TMDL credits accrued as a result of Surtax expenditures made shall
be distributed, to the extent permitted by law, between entities that have
jurisdiction within the Florida Department of Environmental Protection (FDEP)
Basin Management Action Plan (BMAP) watershed within which the project is
located, and according to the following population-based distribution formula:
i. The proportion for the county government shall be computed by dividing the
sum of the unincorporated area population within the BMAP watershed where
the project is located by the sum of the total population within that same
BMAP watershed.
Page 2 of 7
ii, The proportion for each municipal government shall be computed by dividing
the population of that municipality within the BMAP watershed where the
project is located by the sum of the total population within that same BMAP
watershed.
iii. For the purposes of this section, until the census block data for the 2020
United States Census becomes available, population shall be calculated using
the population estimates of local governmental units in Florida as of April 1,
2016, as published by the University of Florida Bureau of Economic and
Business Research. See Exhibit A attached hereto for TMDL credit
distributions based on 2016 population estimates.
iv. At such time as the census block data for the 2020 United States Census
becomes available, and continuing thereafter, population shall be calculated
by using the most recent census block data published by the United States
Census Bureau.
b. Should a project use both Surtax monies and contributions made by other
government entities, such as a city, all TMDL credits accrued for the project will
be distributed pro rata in the same ratio as the entity's contribution to the total
project cost, if allowed by law, or as otherwise agreed to by the contributing
entities. The formula in 5.a.i. through 5.a.iv. applies only to the distribution of
TMDL credits accrued by expenditure of Surtax monies.
c. Should expenditures be made with grant monies, cost share contracts or
legislative appropriations, whichever entity applied for and received the additional
funds shall be the recipient of the pro rata share of TMDL credits that accrue from
the expenditure of such additional funds.
6. INTERLOCAL AGREEMENT. This Interlocal Agreement is an interlocal
agreement, as contemplated by Chapter 163, Part 1T1, Florida Statutes, and other applicable law.
This Interlocal Agreement adopts, incorporates and ratifies the provisions of the Ordinance. It is
governed by the laws of Florida.
7. MODIFICATION. This Interlocal Agreement may be amended, supplemented or
cancelled only by a written instrument duly executed by the parties hereto.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 3 of 7
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year indicated next to the signature of their respective authorized representatives and this
Interlocal Agreement shall take effect upon the date of execution by the last party to the
Interlocal Agreement.
Brevard County, Florida
Signets:
Typed Name: Curt Smith
Title: Chairman
Date:
Attest:
Scott Ellis, Clerk
Reviewed for legal form and content by:
Christine Valliere, Assistant County Attorney
Page 4 of 7
Florida
(Municipality)
Signed:
Typed Name:
Title:
Date:
Attest:
Typed Name:
Title:
Date:
Page 5 of 7
EXHIBIT A—DISTRIBUTION OF TMDL CREDITS
TABLE 1: TOTAL POPULATION
City/Town Population (2016) Percent Sub-Lagoon
Brevard County(Unincorporated) 212,740 37.4% BRL, NIRL, CIRL
Cape Canaveral 10,171 1.8% BRL
Cocoa 18,833_1 3.3% NIRL
Cocoa Beach 11,276 2.0% BRL
Grant-Valkaria 4,073 L 0.7% CIRL
Indialantic 2,811 0.5% NIRL, CIRL
Indian Harbour Beach 8,446 1.5% BRL
Malabar 2,817 0.5% CIRL
Melbourne 80,419 ! 14.1% NIRL, CIRL
Melbourne Beach 3,076 0.5% CIRL
Melbourne Village 666 0,1% CIRL
Palm Bay 109,162 19.2% CIRL
Palm Shores 979 0.2% NIRL
Rockledge 26,303 4.6% NIRL
Satellite Beach 10,485 1.8% BRL
Titusville 46,022 _ 8.1% NIRL
West Melbourne 20,640 3.6% CIRL
TABLE 2: BANANA RIVER LAGOON BMAP WATERSHED
City/Town Population (2016) Percent
Brevard County (Unincorporated) 97,860 I 70.8%
Cape Canaveral 10,171 7.4%
Cocoa Beach 11,276 8.2%
Indian Harbour Beach 8,446 6.1%
Satellite Beach 10,485 I 7.6%
TABLE 3: NORTH IRL BMAP WATERSHED
City/Town Population (2016) Percent
Brevard County (Unincorporated) 44,675 23.8%
Cocoa 18,833 10.0%
Indialantic 1,181 0.6%
Melbourne 49,860 26.5%
Palm Shores 979 0.5%
Rockledge 26,303 14.0%
Titusville 46,022 24.5%
Page 6 of 7
TABLE 4: CENTRAL IRL WATERSHED
City/Town Population (2016) Percent
Brevard County (Unincorporated) 70,204 28.9%
Grant-Valkaria 4,073 1.7%
Indialantic 1,630 0.7%
Malabar 2,817 t2%
elbourne 30,559 12.6%
Melbourne Beach 3,076 1.3%
Melbourne Village 666 0.3%
Palm Bay 109,162 45.0%
West Melbourne 20,640 8.5%
Page 7 of 7
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/16/2018
Item No._3
Subject: Reaffirm policy contained in City Code Sec. 110-627 requiring construction of a
minimum 150 hotel units at the same time.
Department: Community Development
Summary: City Code stipulates that any hotel project built within the City limits is required to
construct a minimum of 150 units at the same time.
Background: Since its incorporation,the City has regulated the minimum number of rooms that
a hotel must include. In 1962, the Zoning Code defined a hotel as any building(s) containing
accommodations for 25 or more guests. In 1971,hotels were required to have a minimum of 30
dwelling units, provided there would not be more than 55 units per net acre. In 1985, the City
first established the 150 room minimum requirement. From a review of reports and meeting
minutes, it appears the reasoning behind establishing the 150 room standard was to ensure
projects were well capitalized and competent, experienced groups would be involved in the
projects.
The City Council was asked to consider an Ordinance in 1997 to reduce the minimum number
of units from 150 to 75. Council declined to take action on the item and expressed concerns
ranging from higher crime and additional signage to undesirable appearance of small
hotels/motels.
Currently, the 150 room minimum standard is referenced in City Code Secs. 110-332 (C-1
Permitted Uses)and 110-352 (M-1 Permitted Uses). This standard is also referenced in the AIA
Economic Opportunity Overlay District (Sec. 110-609), which the Council adopted in 2012.
With the creation of the District,the Council also dropped the requirement for a hotel project to
be constructed on a minimum of 5 acres. Since that time, only one project, the Homewood
Suites,has been built. That project included 154 rooms on 3.54 acres.
The minimum room standard continues to be a topic of discussion among development interests,
property owners and City Staff. At least three hotel projects, within the Astronaut Boulevard
corridor,have been proposed in the past 12 months with less than the 150 room standard. These
include a Holiday Inn, a Tru by Hilton and a Home2 Suites (Hilton).
One of the factors for the interest in smaller properties is the majority of parcels that can easily
accommodate 150 rooms have been developed. A hotel site needs to include areas for
stormwater, parking/drive aisles, landscaping and amenities. In other words, the low-hanging
fruit with respect to hotel sites,has been picked.
Owners of existing hotel projects within the City argue it would be unfair to reduce the minimum
room requirement as they were required to meet the standard. It is also important to note there
are currently two hotel projects that are progressing through the City's approval process that
meet the minimum room requirement. These include a 151-unit Springhill Suites on W. Central
Boulevard and a dual-branded, 224-unit (Home2 and Hampton Inn & Suites) project at 9004
Astronaut Boulevard.
City Council Meeting
Date: 1/16/2018
Item No. 3
Page 2 of 2
At its December 13, 2017 Regular Meeting, the City's Planning & Zoning Board was asked to
provide a recommendation regarding this policy question. After receiving public input and
discussing the item amongst themselves,the Board recommended the policy remain unchanged.
Board discussion included maintaining the current standard for consistency with existing hotels
which were built to the 150-room standard; the City has been successful in attracting hotels that
meet the 150-room minimum standard and smaller parcels,that can accommodate smaller hotel
projects, are perhaps better suited for retail or other uses.
Submitting Department Director: David Dickey Date: 1-8-18
Attachment: None
Financial Impact: Staff time to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/4/18
The City Manager recommends that City Council to take the following action:
Reaffirm policy contained in City Code Sec. 110-627 requiring construction of a minimum 150
hotel units at the same time.
Approved by City Manager: David L. Greene Date: 1/9/18
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/16/2018
Item No. 4
Subject: Ordinance No. 16-2017; amending Section 82-56 of the City Code to delegate to the
Code Enforcement Board the responsibilities to serve as the Board of Adjustment and Appeals
for the enforcement of the Standard Unsafe Building Abatement Code; providing for the repeal
of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and
an effective date, second reading.
Department: Community Development
Summary: Section 82-32 of the City Code establishes the Construction Board of Adjustment
and Appeals (CBAA). The CBAA is responsible to consider appeals of decisions and
interpretations of the Building Official and consider variances of technical codes. Its
composition should include"individuals with knowledge and experience in the technical codes,
such as design professionals, contractors or building industry representatives."
Due to the nature of the CBAA's responsibilities, it meets on a very infrequent basis. In fact,the
CBAA has not met nor has it had a quorum for over four(4) years. There is now one(1) active
member of the CBAA.
The Building Official has recently taken action under the Standard Unsafe Building Abatement
Code regarding an unsafe, residential pool. Staff anticipates the property owner will appeal this
decision. However, as indicated above, the CBAA, tasked with considering this type of appeal,
is non-functioning. Due to the City's responsibility to afford property owners with a timely
appeal, Ordinance No. 16-2017 (Attachment), has been prepared to delegate the appeal hearing
responsibilities of the CBAA to the Code Enforcement Board (CEB).
At its December 19, 2017 regular meeting, the City Council adopted Emergency Ordinance No.
13-2017,which temporarily delegated appeal hearing responsibilities to the CEB. However,the
City Charter stipulates an emergency ordinance"shall automatically stand repealed as of the 61'
day following the date on which it was adopted." For this reason, Ordinance No. 16-2017 has
been prepared to permanently delegate, to the CEB, appeal hearing responsibilities previously
held by the CBAA.
Ordinance No. 16-2017 was approved at first reading on December 19, 2017. The Notice of
Public Hearing was placed for advertisement in Florida Today on January 4, 2018.
Submitting Department Director: David Dickey Date: 1/9/18
Attachment: Ordinance No.16-2017
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff
time/effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/9/18
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 16-2017 on second reading.
Approved by City Manager: David L. Greene Date: 1/9/18
I ORDINANCE NO. 16-2017
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 82-56 OF THE CITY CODE TO
6 DELEGATE TO THE CODE ENFORCEMENT BOARD THE
7 RESPONSIBILITIES TO SERVE AS THE BOARD OF
8 ADJUSTMENT AND APPEALS FOR THE ENFORCEMENT
9 OF THE STANDARD UNSAFE BUILDING ABATEMENT
10 CODE; PROVIDING FOR THE REPEAL OF PRIOR
11 INCONSISTENT ORDINANCES AND RESOLUTIONS,
12 INCORPORATION INTO THE CODE, SEVERABILITY
13 AND AN EFFECTIVE DATE.
14
15 WHEREAS,the City is granted the authority,under Section 2(b), Article VIII, of the State
16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
17 law; and
18
19 WHEREAS, pursuant to Section 82-56 of the City Code, the City adopted the Standard
20 Unsafe Building Abatement Code, 1985 Edition(hereinafter referred to as the"Unsafe Abatement
21 Code"), and delegated the responsibilities of the Board of Adjustment and Appeals for the Unsafe
22 Abatement Code to the City's Construction Board of Adjustment and Appeals; and
23
24 WHEREAS, due to the infrequency that the City's Construction Board of Adjustment and
25 Appeals has met in recent years, said Board does not currently have an adequate number of
26 members to conduct any business that may be required to be presented to the Board; and
27
28 WHEREAS, the City's Code Enforcement Board regularly meets to conduct hearings
29 related to code enforcement related matters; and
30
31 WHEREAS, for efficiency purposes, the City Council desires to delegate responsibilities
32 to conduct appeal hearings under the Unsafe Abatement Code to the Code Enforcement Board;
33 and
34
35 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
36 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
37 Canaveral.
38
39 NOW, THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
40 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
41
42 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
43 reference as legislative findings and the intent and purpose of the City Council of the City of
44 Cape Canaveral_
45
46 Section 2. Code Amendment. Section 82-56 of the Code of Ordinances, City of Cape
47 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
48 strikeout-type indicates deletions):
49
City of Cape Canaveral
Ordinance No. 16-2017
Page 1 of 3
I Sec. 82-56. - Standard Unsafe Building Abatement Code adopted.
2 The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern
3 Building Code Congress International,Inc.,is hereby adopted by reference and incorporated herein
4 as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as
5 follows:
6 (a) Section 105.1. The code enforcement
7 board shall serve as the board of adjustment and appeals for this code.
8 (b) Section 605. Cost of repair or demolition; lien on property: collection.
9 1. Upon repair or demolition of any building or structure, either with city crews or by
10 independent contractor, all costs of demolition and/or repair shall be assessed against
11 and constitute a lien on the property upon which the building or structure is/was
12 situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard
13 County ad valorem taxes and shall be superior to all other liens, encumbrances, titles
14 and claims in, to or against the property. Cost shall include, but not limited to,
15 administrative cost, attorney's fees, postage, newspaper publication fees and actual
16 costs of physical removal and/or repair.
17 2. The city clerk shall file such lien in the public records of Brevard County Florida,
18 showing the nature of the lien, the amount thereof, a legal description of the property
19 and the owner thereof. Such liens shall bear interest from the date of filing at the
20 highest rate allowed by law.
21 3. The lien may be enforced in the same manner as a court judgment by the sheriffs of
22 the State of Florida, including levy against personal property, and may also be
23 foreclosed in the nature of a mortgage. All costs and attorney's fees incurred in
24 collection of amounts due under any such lien shall also be secured by the property
25 and included within the total sum due under the lien.
26
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be
33 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
34 like errors may be corrected and additions,alterations and omissions,not affecting the construction
35 or meaning of this Ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase,word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
40 be deemed a separate, distinct and independent provision, and such holding shall not affect the
41 validity of the remaining portions of this Ordinance.
42
43 Section 6. Effective Date. This Ordinance shall become effective immediately upon
44 adoption by the City Council of the City of Cape Canaveral, Florida.
45
City of Cape Canaveral
Ordinance No. 16-2017
Page 2 of 3
1
2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of January,
3 2018.
4
5
6 Bob Hoog, Mayor
7
8 ATTEST: For Against
9
10 Mike Brown
11
12 Mia Goforth, CMC Robert Hoog
13 City Clerk
14 Wes Morrison
15
16 Rocky Randels
17
18 Angela Raymond
19
20 1st Reading: December 19, 2017
21 Advertisement: January 4, 2018
22 2nd Reading: January 16, 2018
23
24
25 Approved as to legal form and sufficiency
26 for the City of Cape Canaveral only by:
27
28
29 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 16-2017
Page 3 of 3
[City Seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 1/16/2018
Item No. 5
Subject: Ordinance No. 01-2018; amending Section 110-296 of the Land Development Code
to increase the maximum height for public or recreational buildings and structures located on
properties with a Future Land Use designation of Public/Recreation to 35 Feet; providing for
the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code,
severability and an effective date, first reading.
Department: Community Development
Summary: Sec. 110 of the City Code includes zoning regulations which establish rules and
regulations for the City's zoning districts. Each district includes a list of permitted and accessory
uses, special exceptions and district specific dimensional standards.
Dimensional standards include minimum lot sizes,lot width and depth requirements,maximum
lot coverage percentage, setbacks, minimum living areas and maximum height allowances.
These standards dictate the intensity of land use to ensure compatibility between uses.
As indicated above, each district includes a standard that sets a maximum height for any
structure. Sec. 110-471 of the City Code includes specific exceptions to the height limitations,
including spires, belfries, cupolas, antennas, water tanks, solar panels, ventilators, chimneys,
elevator equipment, air conditioning equipment or other equipment required to be placed above
the roof level and not intended for human occupancy.
At its most recent Strategic Planning Retreat for FY 2017/18,the City Council indicated interest
in construction of a new, Multi-Generational Center (Center) located at Canaveral City Park.
The Center is intended to be a catalyst for community health and engagement. Desired
community amenities for the facility include indoor basketball/volleyball, fitness area,
youth/teen area,banquet/gathering area, and indoor walking path.
The Center is proposed to be two stories and approximately 18,000 square feet. The preliminary
design/concept of the park redevelopment, including the Center, is shown on the aerial
(Attachment 1). The challenge is the Center will be approximately 35 feet in height, which
exceeds the 25 feet allowed by the property's zoning designation of R-2.
To address this issue,Ordinance No. 01-2018 (Attachment 2)would increase the allowed height
to 35 feet for public or recreational buildings and structures which are zoned R-2 and have a
Future Land Use (FLU) designation of Public/Recreation (PUB). A FLU map showing
properties in the City with a PUB designation(Attachment 3)shows the impacts of the proposed
revision.
Submitting De artment Director: David Dickey Date: 1/8/18
Attachments:
1 - Canaveral Park Aerial
2 - Ordinance No. 01-2018
3 -Future Land Use Ma
City Council Meeting
Date: 1/16/2018
Item No. 5
Page 2 of 2
Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff
time/effort to prepare this Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 1/4/18
The City Manager recommends that City Council to take the following action:
Approve Ordinance No. 01-2018 on first reading.
Approved by City Manager: David L. Greene Date: 1-9-18
Attachment 1
[Canaveral Park Aerial]
ORDINANCE NO. 01-2018 Attachment 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 110-296 OF THE LAND
DEVELOPMENT CODE TO INCREASE THE MAXIMUM
HEIGHT FOR PUBLIC OR RECREATIONAL BUILDINGS
AND STRUCTURES LOCATED ON PROPERTIES WITH A
FUTURE LAND USE DESIGNATION OF
PUBLIC/RECREATION TO 35 FEET; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, currently, Section 110-296 of the City of Cape Canaveral's
Land Development Code ("Land Development Code") provides that the maximum height
shall not exceed 25 feet in the R-2 medium density residential district; and
WHEREAS, Section 110-251 provides that no building or other structure shall be erected
or altered to exceed the maximum height in the applicable zoning district; and
WHEREAS, exceptions to the maximum height are only permitted by variance or
by Section 110-471 for spires, belfries, cupolas, antennas, water tanks, solar panels,
ventilators, chimneys, elevator equipment, and air conditioning or other necessary equipment
rooms usually required to be placed above the roof level and not intended for human occupancy;
and
WHEREAS, public and semi-public parks, playgrounds, playfields and recreation
facilities are a permitted use in the R-2; and
WHEREAS, the land upon which Canaveral City Park, the Brevard County Public
Library and Cape View Elementary School is located has a Future Land Use designation of
Public/Recreation and is zoned R-2; and
WHEREAS, the City desires to amend Section 110-296 to allow for a maximum height
of 35 feet for public or recreational buildings and structures on properties with a Future Land
Use designation of Public/Recreation (PUB)within the R-2 zoning district; and
WHEREAS, the City Council has determined that this amendment will allow building of
larger public or recreational facilities that will promote the residency of families and enhance and
maintain the residential character and integrity of the R-2 zoning district in accordance with the
intent of the district; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
Cape Canaveral.
City of Cape Canaveral
Ordinance No.01-2018
Page 1 of 4
NOW, THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance:
Chapter 110—ZONING
* * *
ARTICLE VII.—DISTRICTS
* * *
DIVISION 3.—R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
* * *
Sec. 110-296.—Area and dimension.
In the R-2 medium density residential district, the following area and dimensions shall be
required:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square feet.
b. Multiple-family, 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 35 percent.
(5) Minimum living or floor area shall be as follows:
a. One-family, 1,100 square feet per dwelling unit.
b. Two-family, 750 square feet per dwelling unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per dwelling unit.
2. One bedroom, 650 square feet per dwelling unit.
City of Cape Canaveral
Ordinance No.01-2018
Page 2 of 4
3. Two bedrooms,additional bedrooms,750 square feet per dwelling unit(plus 200
square feet for each additional bedroom).
(6) Maximum height shall not exceed 25 feet, except that maximum height of public or
recreational buildings and structures on land with a future land use designation of
Public/Recreation (PUB) shall not exceed 35 feet.
(7) Maximum length or width of a structure shall not exceed 185 feet.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
like errors may be corrected and additions, alterations and omissions,not affecting the construction
or meaning of this Ordinance and the City Code,may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[Adoption and Signature Page Follows]
City of Cape Canaveral
Ordinance No.01-2018
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
of , 2018.
Bob Hoog, Mayor
ATTEST: For Against
Mike Brown
Mia Goforth, CMC Robert Hoog
City Clerk
Wes Morrison
1 st Reading: January 16, 2018
Advertisement: Rocky Randels
2nd Reading:
Angela Raymond
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.01-2018
Page 4 of 4
[City of Cape Canaveral Future Land Use Map]
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 01/16/2018
Item No. 6
Subject: Removal of one (1) Specimen Live Oak Tree at 312 Madison Avenue (Staff
recommendation is for Denial).
Department: Community Development
Summary: On September 25, 2017, a tree removal application was submitted to Staff for the
removal of one(1) Specimen Live Oak Tree located at 312 Madison Avenue(Attachment 1).
On September 26, 2017,the City Arborist conducted a site inspection, verified that subject Live
Oak Tree is a Specimen Tree and submitted a Tree Hazard Evaluation Form (Attachment 2).
The tree has a diameter at breast height (dbh) of thirty-one (3 1) inches, is approximately forty
(40) feet in height and has a fifty-five (55) foot canopy spread. The arborist's report indicates,
at the time of inspection, the tree was in good health.
Sec. 102-41(b), City Code, indicates: "Notwithstanding any other provision of this division,
specimen trees shall not be removed except for extraordinary circumstances and hardships and
only by final permit approved by the city council." This Code establishes circumstances where
the Council may authorize removal of a Specimen Tree, including:
1. Whether the location of a specimen tree is located within the footprint of a proposed
structure;
2. Whether the location of a specimen tree prevents any access to the property;
3. Whether the location of the specimen tree interferes with or prevents the construction of
utility lines, drainage facilities, roadways or required vehicular use area; and
4. Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so
as to pose a danger.
As indicated above,the Specimen Tree was determined to be in good health by the City Arborist.
Aerial/photos (Attachments 3 &4) indicate the tree does not interfere with access or utilities to
the property, nor is it located within the footprint of an existing/proposed building. Based upon
Staff's research, the request does not meet any established criteria for removal of a Specimen
Tree.
Staff recommends City Council deny removal of the Specimen Tree in accordance with Section
102-41 of the Code.
Submitting Department Director: David Dickey Date:
Attachments:
1 —Permit Application for Removal of Trees
2—Tree Hazard Evaluation Form
3 —Aerial Photo
4—Photos of the Tree
Financial Impact: Staff time and effort to prepare Agenda Item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: All
City Council Meeting
Date: 01/16/2018
Item No. 6
Page 2 of 2
The City Manager recommends that City Council take the following action:
Deny the request for removal of one (1) Specimen Live Oak Tree located at 312 Madison
Avenue.
Approved by City Manager: David L. Greene Date: 1-9-18
Date: 4/25/2017 Attachment #1
CITY OF CAPE CANAVERAL Tracking#
RECEIVED PERMIT APPLICATION Permit#
SEP 25 2017 FOR THE REMOVAL OF TREES
Authority: City of Cape Canaveral Code of Ordinances Sec. 102-37(e)
(321) 868-1222
City of Cape Canaveral Building Department 7510 N.Atlantic Ave. Cape Canaveral, FL 32920
You may download this application: www.cityofcapecanaveral.org You may fax to: (321)868-1247. Important: Please complete the checklist
on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete.
APPLICANT WILL BE CALLED WHEN PERMIT IS READY.
(Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. I.D. may be required)
Address of Job Site: 312 Madison Ave #321-507-0463
Legal description of property: TWN: RNG: SEC: SUBD: BLK: LOT: PB: PG:
Property Owner Name:G.WIENAND Phone: Address: 317 MADISON AVE
Contractor Name: LeLAND TREE SVC Name of Company:
Address:
State License No.: Phone(office): 407-0463 Phone(cell/pager.): Fax:
Please check all that apply(proof may be required). Of the tree(s)to be removed,are all the trees: dead? diseased?
suffering from severe structural defects? posing a clear and obvious safety hazard?
Please clarify the reason tree(s)must be removed:
Do you plan to relocate the tree(s)or re-plant new tree(s)? Please describe:
Notes: d.b.h. is diameter at breast height(4 1/2 feet above grade)
Caliper is the measurement of a tree 12 inches from the soil level. 1 oak tree (specimen)
A Specimen Tree is one with a 24"or greater caliper measurement.
City Council shall have final approval authority for the removal of Specimen Trees.
X Type of Residential Quantity of Of the trees planned for removal, Sum total dbh of all inches Valuation of
Building built or proposed protected/native how many have caliper of all protected/native tree removal
on the property trees over 3" dbh measurement of 24"or larger? trees to be removed work
to be removed
X Single Family Residence $500
Townhome
Apartment
Other(specify)
X Permit Application Checklist Notes
Completed Permit Application
A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping
Contractor's State License Record will be kept on file after initial submittal
Current Worker's Comp. Policy/Exemption Record will be kept on file after initial submittal
City Council Approval(if needed - please attach approval minutes) For removal of specimen or historic trees
Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no
work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the
standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree
removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an
authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit.
Applicant's Name: G.Wienand Applicant's Signature: G. Wienand Date: 9/25/2017
Notary use only: In the State of Florida,County of Brevard sworn and subscribed before me this 25th day of September, 2017,
by Gary Scott Wienand .
Printed name of Applicant X who produced identification: FL Driver's License, or
is personally known to me.
Seal: KAREN HUTCHINSON MY COMMISSION EXPIES #FF 951009
EXPIRES: January 18, 2020 Bonded Thru Notary Public Underwriters Signature - Notary Public At Large Karen Hutchinson
G:\Bldg.Dept.Forms\BP Appl. Removal of Trees (3 D.U.) This form.may be duplicated.
[ISA LOGO]® A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
Attachment #2
TREE HAZARD EVALUATION FORM 2nd Edition
Site/Address: HAZARD RATING: 3-12
Map/Location: 312 Maddison ave. CC,FL 1 4 4 9
Failure + Size + Target = Hazard
Owner: public private X unknown other Potential of part Rating Rating
Date: 9-26-17 Inspector: City of Cape Canaveral - Tim Davis Immediate action needed
Date of last inspection: Unkown Needs further inspection
Dead tree
TREE CHARACTERISTICS
Tree#:1 Species: Quercus Virginiana "Live Oak"
DBH: 31" # of trunks: 1 Height: 40' Spread: 55'
Form: X generally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed
Crown class: X dominant ❑co-dominant ❑intermediate ❑suppressed
Live crown ratio: % Age class: ❑young ❑semi-mature Xmature ❑over-mature/senescent
Pruning history: Xcrown cleaned ❑excessively thinned ❑topped ❑crown raised ❑pollarded Xcrown reduced ❑flush cuts ❑cabled/braced
❑none Xmultiple pruning events Approx.dates: Unkown
Special Value: Xspecimen ❑heritage/historic ❑wildlife ❑unusual ❑street tree ❑screen ❑shade Xindigenous Xprotected by gov. agency
TREE HEALTH
Foliage color: ❑normal ❑chlorotic ❑necrotic Epicormics? Y X N Growth obstructions:
Foliage density: Xnormal ❑sparse Leaf size: ❑normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables
Annual shoot growth: ❑excellent Xaverage ❑poor Twig Dieback? Y X N Xcurb/pavement ❑guards
Woundwood development: ❑excellent Xaverage ❑poor ❑none Xother drive way
Vigor class: ❑excellent Xaverage ❑fair ❑poor
Major pests/diseases: None at the time of my inspection.
SITE CONDITIONS
Site Character: Xresidence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodland\forest
Landscape type: ❑parkway ❑raised bed ❑container ❑mound Xlawn ❑shrub border ❑wind break
Irrigation: ❑none Xadequate ❑inadequate ❑excessive ❑trunk wettled
Recent site disturbance? Y N X ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing
%dripline paved: 0% 10-25% 25-50% X 50-75% 75-100% Pavement lifted? Y X N
%dripline w/ fill soil: 0% X 10-25% 25-50% 50-75% 75-100%
%dripline grade lowered: 0% X 10-25% 25-50% 50-75% 75-100%
Soil problems: ❑drainage ❑shallow ❑compacted Xdroughty ❑saline Xalkaline ❑acidic ❑small volume ❑disease center ❑history of fail
❑clay ❑expansive ❑slope ° aspect:
Obstructions: ❑lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacent veg. Xdrive way
Exposure to wind: Xsingle tree ❑below canopy ❑above canopy ❑recently exposed ❑windward, canopy edge ❑area prone to windthrow
Prevailing wind direction: East Occurrence of snow/ice storms Xnever ❑seldom ❑regularly
TARGET
Use Under Tree: Xbuilding Xparking ❑traffic ❑pedestrian ❑recreation Xlandscape ❑hardscape ❑small features ❑utility lines
Can target be moved? Y N X Can use be restricted? Y N X
Occupancy: ❑occasional use ❑intermittent use ❑frequent use Xconstant use
The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
TREE DEFECTS
ROOT DEFECTS:
Suspect root rot: Y N X Mushroom/conk/bracket present: Y N X ID:
Exposed roots: ❑severe ❑moderate Xlow Undermined: ❑severe Xmoderate ❑low
Root pruned: distance from trunk Root area affected: 50 % Buttress wounded: Y N X When:
Restricted root area: ❑severe ❑moderate ❑low Potential for root failure: ❑severe ❑moderate Xlow
LEAN: deg.from vertical Xnatural ❑unnatural ❑self-corrected Soil heaving: Y N
Decay in plane of lean: Y N X Roots broken Y N X Soil cracking: Y N
Compounding factors: cracked sidewalk. Lean severity: ❑severe ❑moderate Xlow
CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate,I=low)
DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES
Poor taper L L L L
Bow,sweep L L L L
Codominants/forks N/A L L L
Multiple attachments N/A L L L
Included bark L L L L
Excessive end weight L L L L
Cracks/splits L L L L
Hangers L L L L
Girdling L L L L
Wounds/seam L L L L
Decay L L L L
Cavity L L L L
Conks/mushrooms/bracket L L L L
Bleeding/sap flow L L L L
Loose/cracked bark L L L L
Nesting hole/bee hive L L L L
Deadwood/stubs L L L L
Borers/termites/ants L L L L
Cankers/galls/burls L L L L
Previous failure L L L L
HAZARD RATING
Tree part most likely to fail: Healthy Tree Failure potential: 1 -low;2-medium;3-high;4-severe
Size of part: 1 -<6"(15 cm):2-6-18"(15-45 cm);
Inspection period: annual biannual other 1 time 3 - 18-30" (45-75 cm); 4 - >30"(75 cm)
Failure Potential+Size of Part+Target Rating=Hazard Rating
Target rating: 1 -occasional use;2 intermittent use;
1 + 4 + 4 = 9 3-frequent use;4-constant use
HAZARD ABATEMENT
Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑ restructure ❑shape
Cable/Brace: Inspect further: ❑root crown ❑decay ❑aerial ❑monitor
Remove tree: Y N X Replace? Y N Move target: Y N X Other:
Effect on adjacent trees: Xnone ❑evaluate
Notification: ❑owner ❑manager Xgoverning agency Date: 9-26-17
COMMENTS
Can tree be removed: ❑Yes XNo Can tree be root pruned: XYes ❑No
The tree I inspected today was a specimen LIVE OAK. At the time of my inspection, this tree was in good health. The tree has
cracked the sidewalk to the Front door and is growing 7ft from the house. If you have any more questions, Please call me.
Thank you, Tim Davis Fh0509A (321-863-7341)
Aerial View of 312 Madison Avenue Attachment #3
Attachment #4
[Photos of the tree]
[Photos of the tree]