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Home My WebLink AboutFwd FW Holiday Inn Hotel Sewer Line RouteDave, I thought I had forwarded this to you but I can't seem to find it in my sent box. However, here is the email from Todd via our attorneys at Storch Law firm regarding the easement across Pindziak's property. Can you confirm that the easement is still a requirement for site plan approval for this property? Thank you, Richard Stubbs, AIA Daniel Corporation (407) 644-6900 ---------- Original Message ---------- From: "joey@storchlawfirm.com" <joey@storchlawfirm.com> To: Laila Witwicky <lwitwicky@danielcorporation.com> Cc: 'Richard Stubbs' <rstubbs@danielcorporation.com>, 'Daniel Esden' <desden@danielcorporation.com>, "glenn@storchlawfirm.com" <glenn@storchlawfirm.com> Date: August 24, 2017 at 12:03 PM Subject: FW: Holiday Inn Hotel / Sewer Line Route Laila See Todd’s response below. He clarified the route and the good news is that we now have something in writing from the City regarding support for the sewer line route. I’m putting together a separate email about my conversations with Craig Langley. Thanks Joey A. Joseph Posey, Esquire Glenn D. Storch, P.A. 420 S. Nova Road Daytona Beach, FL 32114 Phone: 386-238-8383 Fax: 386-238-0988 joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> From: Todd Morley [mailto:T.Morley@cityofcapecanaveral.org] Sent: Thursday, August 24, 2017 9:04 AM To: joey@storchlawfirm.com Cc: David Dickey <D.Dickey@cityofcapecanaveral.org> Subject: FW: Holiday Inn Hotel / Sewer Line Route Joey, The City currently has secured easements (and there is a sewer line in the easement) from Lift Station No. 6 up to the south side of the Pindziak property. The Homewood Suites Hotel (LBA) currently utilizes this sewer line. LBA is under contract to obtain the Pindziak property. Our intention is to condition the site plan approval of the LBA hotel to require an additional easement across the Pindziak property up to the Port property south of our project. I’ve made some corrections to the map. See below. To your other questions: Do we know when the City will receive the easement across the Pindziak property? No, as mentioned earlier, the preliminary steps are contingent upon parties/dealings outside of City control. Will the City provide an indication/no objection in writing to assure the Port about the proposed sewer route? We can provide a letter that the route depicted in green below is the route the City supports. In the event the Pindziak easement isn’t obtained by the City, what are the potential options? Your client is free to obtain other paths to sewer that do not require City easements. I want to stress a reminder note: Staff cannot approve less than a 150-room hotel and we cannot be certain less than 150 rooms would be approved. 150 rooms are required per City Code section 110-627. Developments that are inconsistent may be approved pursuant to a planned development (PD) approved by the City Council on a case-by-case basis (below) . · Sec. 110-627. - Project size. · (1) All uses within a project shall be sized to provide sufficient building setback and to encourage a pedestrian-oriented environment. a. All uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of the underlying zoning district. b. There shall be no minimum lot size for hotel development within the District. However, there shall be a minimum of 150 units that must be constructed at the same time. c. Building setback, lot coverage and developments that are inconsistent with these requirements may be approved pursuant to a planned development (PD) approved by the city council on a case-by-case basis. Sincerely, Todd <http://www.cityofcapecanaveral.org/> Launch your connection… <https://www.facebook.com/CityofCapeCanaveral> <https://www.instagram.com/cityofcapecanaveral/> <https://www.linkedin.com/company/city-of-cape-canaveral-the> <https://twitter.com/CapeCanaveralFL> From: joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> [mailto:joey@storchlawfirm.com] Sent: Thursday, August 17, 2017 3:52 PM To: Todd Morley <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> > Cc: glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ; David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Subject: RE: Holiday Inn Hotel / Sewer Line Route Todd Thanks again for speaking to me yesterday. I appreciate that both you and David want to work with us to get our client’s project up and running. That being said, I ran our discussion and the proposed route by our client and engineers, and I believe they are on board for making the Lift Station No. 6 (Imperial Dr.) route a reality. If I understood you correctly yesterday, the City currently has secured easements from Lift Station No. 6 up to the Pindziak property and will be obtaining an additional easement across the Pindziak property up to the Port property south of our project. The attached map is my best attempt at trying to depict the situation. Please feel free to correct me if something I wrote is not correct. Also, I foresee a couple of potential issues that we probably need to discuss. First, do you know when the City will receive the easement across the Pindziak property? As you can image, our client is under a lot of pressure to show Holiday Inn progress with the project. Any certainty you can provide would be appreciated. Second, will the City give us an indication/no objection in writing to assure the Port about the proposed sewer route? Getting something in writing will allow us to finalize our agreement with the Port. Obviously the route will have contingencies and the Port doesn’t expect an outright approval but I’m sure they want to avoid surprises. Third, in the event the Pindziak easement isn’t obtained by the City, what are the potential options? I would think that the RaceTrac route is the logical second choice, and as I mentioned over the phone, our client is willing to construct, absorb the cost of construction and dedicate the route to the City. Your thoughts are welcome and I’m happy to discuss further. Thanks again Joey A. Joseph Posey, Esquire Glenn D. Storch, P.A. 420 S. Nova Road Daytona Beach, FL 32114 Phone: 386-238-8383 Fax: 386-238-0988 joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> From: joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> Sent: Tuesday, August 15, 2017 4:20 PM To: 'T.Morley@cityofcapecanaveral.org' <T.Morley@cityofcapecanaveral.org <mailto:T.Morley@cityofcapecanaveral.org> > Cc: Glenn D. Storch (glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> ) <glenn@storchlawfirm.com <mailto:glenn@storchlawfirm.com> > Subject: Holiday Inn Hotel / Sewer Line Route Todd My name is Joey Posey and I’m one of the attorneys at Glenn Storch’s office in Daytona Beach. I believe Glenn met with you and the other Cape folks a while back to discuss the Holiday Inn development. I thought everyone was on the same page until I received a forwarded email today from Laila Witwicky regarding the Cape’s position on the sewer line for the project. I was hoping to discuss the issues you mentioned since I think there was some confusion about what the Port Authority wanted in terms of assurance. I tried to leave a message on your voicemail but the machine cut me off while I was explaining why I called. Anyways, we want to work with you guys so please let me know a good time to chat. Thanks Joey A. Joseph Posey, Esquire Glenn D. Storch, P.A. 420 S. Nova Road Daytona Beach, FL 32114 Phone: 386-238-8383 Fax: 386-238-0988 joey@storchlawfirm.com <mailto:joey@storchlawfirm.com> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. 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