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HomeMy WebLinkAboutAgenda Packet 11-30-2005 g City, 4 : r e 44 of Cape Canaveral ° v • A „ ,r �Fl-- p0c ,. ,_ 4,,,,=, 1 se\(\ PLANNING&ZONING BOARD REGULAR MEETING ')t,,� QTY HALL ANNEX lX� 111 POLK AVENUE �,', ' ;4S NOVEMBER 30, 2005 Jo a\ 7:30 P.M. '' .{.A tr 1',,,I.-,' 3 ,#OUlovi,i JO° Call to Order �� Ift6/4 Roll Call NEW BUSINESS V)vo, 4,/,,,, . ,, c,..,\. ,p , , �ti\i\, a 1. Approval of Meeting Minutes: October 26 d November 9,2005. N� c . Recommendation to City Council: Interview with Prospective Board Member- '1/,Harry Pearson. TO oc4" c(s,.. , Recommendation to City Council: General Easement Agreement- Residence Inn- `\a ;�. Ed Gardulski,Public Works Director. 4.A t1/4Recommendation to City Council: Utility Easement Agreement- Residence Inn- V 11 Ed Gardulski,Public Works Director. ' ti p � ‘{\°1/4 \� _ 5.04 commendation to Cit'y Council: Utility Easement Agreement- Villas at the Port- �`Q 1, Ed Gardulski,Public Works Director. 1 •ecommen•anon to ty Council: Final Replat- Chadwick Townhomes- Section "``p , 23, Township 24 South,Range 37 East,Block 16,Replat of Lots 12 &W 1/2 of Lot V2, �� 13,Avon by the Sea Subdivision- Katherine Chadwick,Applicant. .A, Recommen•anon to City sum : re ' aryReplat- Berola Palms - Section 23, WITTownship 24 South,Range 37 East,Block 70,Replat of Lot 7,Avon by the Sea „, Subdivision- Ron Wallen,Applicant.. 8. ecommendation to City Council: Site Plan pApproval for Cana verel Bulk Terminal-' 0,` 1 ��0 �i Randy May, Applicant. �)c -pO -, (11CLTl�'A pt,U)ritin'[ 1� '[� , i ;. d)'- ,, �r mcg t f is i, ��J bk,---- - \ (e\P\ I ie`uo cl(a9 Vokx-/- 1 0,- ‘4,\ r‘\I)k)cc* 0- � ,,,,i6LA 00 co __ -x' 7-Pl° 55j A\c/P:I.k \-i'`IA-o C ' ) ,� eptsLi 1 * it 5siv,_ VD3z- 'r,,„._co...52,) -.---NS :ac. ma�a - 5q .exmak• 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0321 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-124 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com Planning &Zoning Board Meeting Agenda November 30, 2005 Page 2 �9. Discussion Re: Update on Short-Term Rentals. Discussion Re: Overview of 2005 Brevard County Growth Management Legislation. x/11. Discussion Re: Code of Conduct for Board Members. OPEN DISCUSSION ADJOURN *Os� Pursuant to Section 286.1015,F.S.,the City hereby advises the public that: If a pers. decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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 bylaw. This meeting may include the attendance of one or more members of the Cape Canaveral City Council,Beard of Adjustment, Code Enforcement and/or Community Appearance board who may or may not participate in Bard discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. �vs Oma: M' PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 26, 2005 A Regular Meeting of the Planning & Zoning Board was held on October 26, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell John Fredrickson Donald Dunn 1st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tern NEW BUSINESS: 1. Approval of Meeting Minutes: October 12, 2005. Motion by John Fredrickson, seconded by Donald Dunn to approve the meeting minutes of October 12, 2005. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment - Special Exception Request No. 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On-Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. Todd Peetz, City Planner, verified that 24 hour on-site security is permitted in the M-1 zoning district; the property is zoned M-1; the request was for outside storage and 24 hour on-site security; an on-site trailer utilized as a living facility is limited to 800 sq. ft., with an annual review; no children would be allowed to live on the premises; the Building Official would rather have a permanent structure for the living facility, than a temporary trailer; the area for outside storage is not required to be paved, but must be maintained; and vehicles are required to have a current tag and be operable. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 2 Kurt Ronstrom, Petitioner, testified that he was not aware that he needed a special exception for the 24 hour security until he was visited by City code enforcement; he has actively been cleaning up the property and has recently removed four boats from the site and he has two RVs that will be disposed of; he is asking for a 24 hour living facility for security purposes due to vandalism. He explained that the living quarters is a fifth wheel trailer that can be towed out at any time. He advised that he has had outside storage for 20 years. He further explained that the property was previously used as a paint and body shop; the building has two bathrooms, and is currently a machine and welding shop, plus it has two offices. He noted that there are 24 parking spaces, and two - 20 ft. wide drive gates for property access. He advised that he could modify an area of the building to allow living quarters. The Board members reviewed the submitted property survey. Discussion followed regarding considering the request for outside storage in the M-1 zone; and other options to provide security. Motion by Lamar Russell, seconded by John Fredrickson to recommend approval to the Board of Adjustment for outside storage, with the condition that the City code enforcement officer be allowed on the premises, at any time, to inspect for inoperable vehicles. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, for; Bea McNeely, against; Lamar Russell, against; and Shawn Schaffner, against. Discussion followed. Motion by Shawn Schaffner, seconded by Lamar Russell to recommend the request for living quarters to provide 24 hour on-site security be denied by the Board of Adjustment. Vote on the motion was as follows: Donald Dunn, abstained; John Fredrickson, against; Bea McNeely, for; Lamar Russell, for; and Shawn Schaffner, for. 3. Recommendation to the City Council - Preliminary Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant. The Board members reviewed the preliminary replat. Discussion followed. Anthony Garganese, City Attorney, clarified that all dates and signatures will be required on the final replat. Todd Peetz, City Planner, verified that City staff had reviewed the preliminary replat and recommended approval. John Johanson, applicant, advised that the 1st addition of Beachside Townhomes was nearing completion. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend approval of the Preliminary Replat of Beachside Townhomes - 2nd Addition to the City Council. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 3 4. Recommendation to the Board of Adjustment - Variance Request No. 05-11 to Allow Two Signs of Approximately 128 square feet on Each End of the 468 foot Building Front at (8959 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 25.0 - Roger Dobson, A1A Acquisition Group Ltd., LLP, Representing Residence Inn, Petitioner. Todd Peetz, City Planner, reviewed the submitted documents. He explained that per City code, the property is allowed two wall signs; or one ground sign, and one wall sign. He voiced his opinion, as the representative for City staff, that this request is a self- imposed hardship. Roger Dobson, Petitioner, voiced his opinion that the hotel consists of three separate buildings that are connected; he was requesting a sign on each end of the building, to be placed parallel to Astronaut Blvd., which will assist customers finding the facility. He cited various City code sections. He voiced his opinion that the facility is not like any other in the City. He advised that he had a letter from his contractor stating that they have three separate buildings. He explained that a ground sign would be located outside the center building facing A1A. The ground sign is 30 ft. high and 14.9 ft. wide, and illuminated. He noted that all the signs would be illuminated. He advised that he had no idea where the Country Inn & Suites signs would be located. He noted that if the request is denied they will have only one ground sign and one wall sign, which could create a hazardous situation for customers looking for the facility. He advised that D.O.T. denied the request from the City to lower the speed limit along A1A. Discussion was held regarding whether or not the building(s) should be considered one building connected or three separate buildings. The Board members reviewed a rendering of the building(s). Anthony Garganese, City Attorney, explained that the City code does not address a Variance from the sign code. He explained that a Variance only applies to the Zoning code. He explained that the Building Official needs to approve or deny the request for the signs, and make a decision whether there are three buildings or one building. He further explained that if the applicant does not agree with the Building Official's decision, he could then apply to the Construction Board of Adjustments and Appeals. No further action was taken regarding this request. The applicant was instructed to meet with the Building Official and seek his interpretation of the sign code and determine how many buildings there are to conclude how many signs are allowed. I Planning & Zoning Board Meeting Minutes October 26, 2005 Page 4 5. Recommendation to the Board of Adjustment - Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, verified that the City code was changed recently to allow this use by special exception. Randy May, Petitioner, advised that the project was moving forward. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-12 to the Board of Adjustment. Vote on the motion carried unanimously. 6. Recommendation to the Board of Adjustment - Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Motion by Lamar Russell, seconded by Shawn Schaffner to recommend Variance Request No. 05-06 be denied by the Board of Adjustment. Vote on the motion carried unanimously. 7. Recommendation to the Board of Adjustment - Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcels 28, D.01, D.03, and C.01, Teutons Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Todd Peetz, City Planner, gave an overview of the proposed project. He advised that the property was currently a trailer park, and is surrounded by C-1 and C-2 uses. He noted that this property location was not part of the moratorium currently in effect. He explained that the Petitioner is requesting a special exception to construct 122 multi- family units. He noted that a Unity of Title or Replat will be required to incorporate all four parcels. Discussion was held regarding notifications to surrounding property owners. The Board Secretary verified that the Ocean Woods Homeowners Association was mailed a certified notice of this request. Planning & Zoning Board Meeting Minutes October 26, 2005 Page 5 Chairperson McNeely questioned if they were requesting rezoning by special exception. She pointed out that N. Atlantic Avenue has mostly changed from C-1 to residential. Kevin Markey, Attorney for the Petitioners, advised that the property already has an existing residential use. Todd Peetz, City Planner, noted that the trailer park existed prior to the commercial zoning district being created. Kevin Markey verified that all the trailers would be removed. Vice Chairperson, Lamar Russell, asked if they could take out some of the coverage and add some green area. Kevin Markey responded that he was not in the position to change the size of the buildings or number of units. He verified that the request included all four parcels of property, and advised that the property would be surveyed and the legal description will be clarified. Anthony Garganese, City Attorney, advised that the City will require a Unity of Title. The Board members reviewed the submitted conceptual plan. Discussion followed regarding distance requirements between curb cuts. Chairperson Russell asked if the units could front Central Blvd. so that the units would look attractive to pedestrians traveling down the road, rather than looking at the backs of the units. Todd Peetz suggested that the buildings be turned to front Central Blvd. and a frontage road be constructed in front of the buildings. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of Special Exception Request No. 05-13 to the Board of Adjustment. Vote on the motion carried unanimously. 8. Recommendation to the City Council Re: Proposed Ordinance for Land Clearing for Three Dwelling Units or Less -Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, advised that he made the changes as requested by the Board at the last meeting. The Board members reviewed the draft ordinance. Brief discussion followed. Motion by Donald Dunn, seconded by Shawn Schaffner to recommend approval of the draft ordinance to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson asked for clarification on some of the decisions made this evening. There being no further business for the Board to consider the meeting was adjourned at 10:07 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 9, 2005 A Regular Meeting of the Planning & Zoning Board was held on November 9, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell John Fredrickson Donald Dunn MEMBERS ABSENT Alice Filteau Shawn Schaffner 1st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: October 26, 2005. Todd Peetz, City Planner, advised that due to the Board Secretary being ill this agenda item would need to be postponed until the next meeting. 2. Recommendation to the City Council - Preliminary Replat of Villa Cielo Townhomes - Preliminary Replat of Lots 7 and 8, Block 15, Avon by the Sea Subdivision - Jim Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the request. He advised that this was a Preliminary Replat for four townhouse units on the corner of Magnolia and Jefferson Avenues on .28 acres. Jim Morgan, Applicant, advised that this was a re-development of an existing tri-plex. He explained that he was not involved in the design. Chairperson McNeely read City Code Section 90-132 regarding stormwater runoff, and commented that she wanted to ensure that there would not be additional water run off that would affect other properties. Jim Morgan replied that stormwater runoff would be addressed during the site plan review. The Board members reviewed the Preliminary Replat. Mr. Morgan advised that there would not be a homeowners association. Discussion followed. Planning & Zoning Board Meeting Minutes November 9, 2005 Page 2 Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the Preliminary Replat of Villa Cielo. Vote on the motion carried unanimously. Discussion followed regarding the drainage easement shown on Lot 1, and who was responsible for the maintenance of the drainage easement. City Attorney Garganese voiced his concerns that the Preliminary Plat did not show lots 2, 3 & 4 having clear rights to the drainage easement shown on Lot 1; the plat did not clearly depict the drainage easement on Lot 1; and all references to common areas, and homeowners association needed to be stricken. Discussion continued. Motion by Lamar Russell, seconded by Donald Dunn to add two conditions to the recommended approval as follows: 1. The Final Replat needs to depict a drainage easement over the retention area on Lot 1. 2. The Dedication shall indicate that all easements be maintained for the benefit of the owners of Lots 1, 2, 3 & 4. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Site Plan for Villa Cielo at 377 Jefferson Avenue, Avon by the Sea Subdivision - Jim Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the site plan. He explained that the City engineer did not meet the established deadline for review comments. He read the letter received from the City Engineer for the record. He advised that the City Engineer recommended a conditional approval, based on the drainage calculation for the stormwater management system being submitted prior to the City Council meeting. Chairperson McNeely questioned if this project received approval from the Community Appearance Board. She explained that it was a matter of policy that projects receive approval from the Community Appearance Board prior to site plan approval. Todd Morley, Building Official, later confirmed that this project had received approval from the Community Appearance Board. Discussion was held regarding the drainage easement shown on the site plan matching the preliminary replat. The Board members reviewed the submitted landscape plan. Todd Peetz advised that the landscape plan exceeds the minimum requirement. He noted that there were 15 Oak trees on 1/4 acre of property. The Board members continued to review the site plan. Discussion continued. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the site plan for Villa Cielo with the condition that the approval of the Community Appearance Board be verified. Discussion followed. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Bea McNeely that all comments from the City Engineer be satisfactorily addressed. Vote on the motion carried unanimously. f Planning & Zoning Board Meeting Minutes November 9, 2005 Page 3 4. Discussion Re: Moratorium Memorandum Concerning Residential Special Exceptions within C-1 Commercial Zoning District along the A1A Corridor Only - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that on November 1, 2005, City Council imposed a (90) day moratorium; the City Council has requested that the Planning & Zoning Board conduct a comprehensive review of City Code Section 110-334 (10). He explained that there have been concerns expressed that the City may be losing its commercial base to residential areas. He advised that there are concerns that residential located traditionally in non-residential areas has created some compatibility problems that were not anticipated. He advised that the moratorium is to study the issue and make recommendations about the use of residential special exceptions along the A1A corridor. Discussion followed regarding the commercial corridor along A1A. Vice Chairperson Russell voiced his concern that the city has, against the law, rezoned by special exception. He suggested that the city decide where it wants commercial, and where it wants residential, then rezone if necessary, and do away with special exceptions. Todd Peetz advised that he would bring back more data and maps at the December 14, 2005 meeting for further review and discussion. OPEN DISCUSSION Todd Morley, Building Official, explained that he was asked by the City Manager to speak with the Board members regarding receiving lap top computers to use for the Board packets in an effort to save trees. Most members responded that they did not mind trying it. Mr. Fredrickson advised that he was adamantly against the idea and requested he continue to receive paper copies. Mr. Morley advised that he would report the Board's wishes to the City Manager. There being no further business for the Board to consider the meeting was adjourned at 9:35 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary 'Meeting Type: Planning and Zoning Board Meeting Meeting Date: 11/30/05 AGENDA Heading Prospective Board Member Item #2 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Interview with Prospective Board Member—Harry Pearson DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny prospective Board Member Harry Pearson. Summary Explanation&Background: The applicant has submitted a request to serve on the Planning and Zoning Board. Mr. Pearson currently serves on the Construction Board of Adjustment Appeals(CBAA)and the Library Board. If he were appointed to the Planning and Zoning Board he would resign from the CBAA. Exhibits Attached: #1 Application,#2 Inter-office correspondence.. City Planner's Office Department: Building Department November 14, 2005 Susan, Mr. Pearson is currently a member of the Construction Board of Adjustment and Appeals and the Library Board. He would like to become an alternate member of the Planning and Zoning Board to be of service to the City as these other boards don't meet very often. If he should be appointed to the Planning and Zoning Board he would resign from the Construction Board. Please schedule Mr. Pearson for an interview at the next meeting of the Planning and Zoning Board. Thank you, Virginia ;r� J H J .. • C e r / ion NOV 1 4 2005 -0-r\5111'' C.> G71- 0 ->1 d of ..4 s 1111 A. ,t4_,• [A. h 2_ 1/40 , 0 • EcI UV9 CITY OF CAPE CANAVERAL NOV 1 4 2005 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOA' I ) ' OMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an -•• •= on. rty Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: )---/ Gi Y-7 / �� 1 E. J''.s 2. Home Address: 6-7 J � CC YY), / 1 G C 3. Home Telephone: (C 6 4. Occupation: j ?fP n r-) y--- 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County'? (Y) `, (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer'? (Y) ✓ (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nob contendere (no contest) shall be considered a conviction for purposes of this question. (N) 3b. If yes to 3a, have your civil rights been restored? 1 (N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) '-(N) 4b. If yes to 4a,please list each: 71 )- 25_ (-7-0-Y, 5 / L (.77-1 JCc \.;S7/"7'1 r /s r(7/ .n r ✓F ) 5 OT )? :1 � �C COQ ?: 2::D- cc.- --- ),�:�c��" L Cin'��)1\;\ � 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being 'h appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) '-- N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly stater interest in serving on a City advisory board or committee: )--e%- 1 )112-7 v ei —19 2. Briefly state any prior experiences in serving on any governmental board or committee: LI-- C h 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment{ c. Business and Cultural Development Board d. Code Enforcement Board* a. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board,. h. / Planning and Zoning Board* Recreation Board j. Other. *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American y Male Asian-American Female Hispanic-American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. 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SNOL33S] S1:I30id30 O1l8fld ZiOd SOIH13 AO 3003 3H1 AO 33N31S1X3 31139031MON)I3V A93213H f1OA 'NOl1V W2l0JNI 1VH1 NO Al321011HJIt1 31-LL SVH 1V 13AVNV3 3dV3 AO J1113 3H1 ONV `99031MON)1 21f10A AO 1S39 3141 01 31V1:1f103V ONY 3112i1 SI NI32i3H O30IAOtid NOl1VWZiOJNI 3H1 1YH1 `A?Jflrtiad AO S3LL1VN3d 2130Nf1 1V I3AVNV3 3dV3 AO A113 3141011N3S3tld31:i A93 J3H f1OA palges!p Iileo!SIcgd u c'y U OLN TON AlllIEVSIO ue!seone0 ueouawy angeN UMOU}I TON ueouawy 3!ueds!H elewa,d ueouawy-ue!sy eleiN ueouewy-ueouly M3ON39 3Odti :sexoq eleudo.jdde eq4 pep aseald •.siegwaw aa44!wwoo pue pleoq 10 segmesip leo!S 1ld pue Japua6 'eoea bu!sopsip alelS to tielaraes eqj of podai a liwgns ICllenuue Apo Big ley; samba' 'sein4e1S epuold '08-09L uogoag 'SlN3W3tilfl0311ON112JOd31131d1S 'O 1 �il 1 0 pCE ghto Aiii y44, 01 City of Cape Canaveral -~ cm'OF CAPE CANAVERAL fit t ECOpr Date: December 14, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: General Easement Agreement - Residence Inn At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced General Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com Meeting Type: Planning and Zoning Board Meeting Meeting Date: 11/30/05 AGENDA Heading General Easement Agreement • Item #3 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Residence Inn—General Easement Agreement DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Residence Inn, AlA Sidewalk and Utilities Easement. Summary Explanation&Background: The City has been acquiring easement agreements with property owners along AlA to construct public sidewalks; sewer lines, reuse water lines,stormwater lines,and landscaping. Exhibits Attached: #1 Signed agreements and background information. City Planner's Office Department: Building Department �j MEMORANDUM TO: Todd Morley,Building Official Todd Peetz, City Planner FROM: Ed Gardulski, Public Works Director DATE: November 14,2005 SUBJECT: Planning and Zoning Board Agenda Item for November 30, 2005 Approval of AlA Sidewalk & Utilities Easement Agreement AlA Acquisition Group LTD LLP, (Residence Inn) Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that "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." As part of Residence Inn site plan review, the President of AlA Acquisition Group LTD LLP, Roger Dobson , requested that the City of Cape Canaveral accept the sidewalk and utility easement along the west side of A 1 A. As a requirement the sidewalk shall be constructed to City standards and grant a ten-(10) foot wide Sidewalk and Utility Easement Agreement. The Developer has agreed to construct the sidewalk to the City's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Roger Dobson, President of AlA Acquisition Group LTD LLP. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Sidewalk and Utility Easement Agreement with AlA Acquisition Group LTD LLP. Attachment Prepared by and return to: Ed Gardulski,Director,Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral,Florida 32920 (321)868-1240 EASEMENT THIS EASEMENT is made this 14th day of November, 2005 by AlA Acquisition Group, Ltd., L.L.P. whose address is 3425 North Atlantic Ave., Cocoa Beach, FL 32931, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral,Florida, 32920, located in Brevard County,Florida("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral,Florida,on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS,under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations,receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 10 foot wide sidewalk easement along the right-of-way line of State Road A-1-A and across certain real property located in Brevard County, Florida,more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair,replace and remove sidewalk, landscaping, utility systems including potable water, sewer,reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas Telephone (Bell South) and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing,maintaining, repairing,replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: 2, $ - 4/ f- TZ.Cle-Z-i-0 --C i /17.1-':_c,_,,---A„,-- „:4 a, . STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County i aforesaid to take acknowledgments, personally appeared 12096r rxhSo/t/ to me known personally or who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WSS my hand and official seal in the State and County last aforesaid this / day of If fPihid PX' ,2005. (Notary Seal) - - - - -- a�.a'_.- 1 ie/2'P' DONNA MAIDENLYNOTARY PUBLIC n _:Notwy Publm•SUM of F 7;,061y Comm.f.RPino May 22 My Commission Expires: • Page 2 of 2 -tr i SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY SIDEWALK UTILITY EASEMENT POINT OF COMMENCEMENT INTERSECTION OF N. LINE OF S. 3316.80 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—A N. LINE OF S. 3316.80' OF SECTION 15 \f',,,WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1—Aa F S.892 ' 7T. V;\ 12. 'fes ...0 ..9:40\O i OUT PARCEL 1 �+ �7 43<<•.. n •..A„,.?„. <5) 0 v.' s <<'• 1:0 %J ,%' Citi Oa` ,�� � -� a��0 OUT PARR L 2 cP0 L LI, vaC /1/ 1? -5� ^/ ,, 4. ,o 5° N �./ 5y�t , , , iii 0 37.5 75 150 GRAPHIC SCALE F , 0 2 i V EXHIBIT "A" <�o SHEET 1 OF 2 0(r`-p0o 45,A LLE �� . ngineering, Inc. `„ SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net 3. SEE SHEET 2 FOR DESCRIPTION, 2. SURVEYOR'S CERTIFICATION Et NOTES 1. REVISE EASEMENT 11-10-05 PREPARED AND CERTIFIED FOR: DATE: 9-02-05 DRAWN BY: DJG AlA ACQUISITION GROUP. Ltd., L.L.P. JOB NO. 030025 SCALE: 1""=150' .) J DESCRIPTION NOT A BOUNDARY SURVEY SIDEWALK UTILITY EASEMENT SIDEWALK UTILITY EASEMENT An easement for the construction installation and maintenance of sidewalks, landscaping and utilities, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being a portion of those parcels described in deeds recorded in Official Records Book 5288, Page 2196 and Official Records Book 5288, Page 2196, of the Public Records of Brevard County, Florida, being more particularly described as follows: Commence at intersection of the North line of the South 3316.80 feet of said Section 15 with the West right of way line of State Road 401, a 100 foot wide right of way as shown on Florida Department of Transportation Right of Way Map Section 70080-2202; thence S37'21'1O"E, along said West right of way line, a distance of 506.75 feet, to the Northeast corner of said parcel recorded in Official Records Book 5288, Page 2198, the POiNT OF BEGINNING of the herein described easement; thence 537'21'10"E, along said West right of way line, a distance of 448.77 feet to the most Easterly corner of said parcel recorded in Official Records Book 5288, Page 2196; thence S52'38'50"W, along the Southeast line of said parcel recorded in Official Records Book 5288, Page 2196, a distance of 10.00 feet; thence N37'21'10"W, parallel with said West right of way line, a distance of 456.55 feet to the North line of said parcel recorded in Official Records Book 5288, Page 2198; thence S89'28'37"E, along said North line, a distance of 12.67 feet, to the POINT OF BEGINNING; Containing 0.10 acres, more or less. • SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S3721'10"E, along Westerly right of way line of State Road A-1—A. 3. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: I hereby certify that the attached Property Description was prepared EXHIBIT A under my direction, in accordance with all applicable requirements of SHEET 2 OF 2 the "Minimum Technical Standards," for land surveyinin the State of Florida, described in Chapter 61G17-6, Florida Ad istrative Code, pursuant to Chapter 472.027, Florida Statutes. ' x LLE.\ ngineering, Inc. AL I• : GI ER • G, a o `" SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 Not valid without the Y:— TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original 'OBERT M. •' MON o WEBSITE: www.alleneng.net - EMAIL info@alleneng.net raised seal of a Florida Professiona urveyor & Mapper 3 licensed surveyor and mapper. Florida Re. stration No. 4262 0 2. PREPARED AND CERTIFIED FOR: z 1. REVISE EASEMENT 11-10-05 AlA ACQUISITION GROUP. Ltd., L.L.P. JOB NO. 030025 DATE: 9-02-05 Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 VA �r p tyt - r t`ii ` Ir; u. r .rtt l 1 1 Ap • [Home][Meet Jim.Ford][Appraiser's.Job][FAQ][General into][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Fprms][Appeals][Property Research][Map. Search][Maps t3,Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicatorsj[_What's New][Links][Press Releases][fax Estimator] General Parcel Information for 24-37-15-00-00829.0-0000.00 Parcel Id: 24-37-15-00-00829.0- Map o26G0 Exemption: Use Code: 1.000 0000.00 Code:Code:de: * Site Tax Address: Account: 2454530 *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner Name: AlA ACQUISTION PART OF FILLED LANDS W OF ST RD GROUP LTD LLP NO 401 AS DESC IN ORB 3949 PG Second 1127 Name: Mailing 3425 ATLANTIC AVE N Address: City, State, COCOA BCH, FL 32931 Zipcode: Value Summary for 2005 Land Information ** Market Value: $654,050 Acres: 2.73 Agricultural Assessment: $0 Site Code: 340 Assessed Value: $654,050 Land Value: $654,050 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $654,050 **This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5288/2196 5/2004 $814,800 WD V 3949/1127 1/1999 $350,000 WD V .../Show_parcel.asp?acct=245453 0&gen=T&tax=T&bld=T&oth=T&sal=T&1nd=T&1 eg=T&GoV3/18/01 Page lof1 4 . , , B, ImiKt qiqmpityf at Y 4 _ % 3 Q ,,,,..,,,,,a ..„.wvi 1 1 'I r-7— , ,,., 1 _ _____, NN , t-,..Iiit, - _____/ i ,.,�� 1 / ~�\° \ / \\., t z J �h f „, 1 \ \<r . _-„. 'AA.).<-4?(Afjor,*i mrriv,,,,x I Z >. ..:\\c Ylfr.-.• , "7: 1 \ -,,<. 4 1 i • „,,,,,,„,, ,,,v.,„„1,411,44::1,4,,,,„ver.„4„. I ,.....::::„;,:.:„...,:.,..:.,:,.4.;:.„4„..,,n4:1,..,,,,,, 1 ___,/ 1 ,,_ ,--<:„--A,\V I � L : _ ■-s ,•�` • ,,,,,*,,,,,,.::,,L:t4zR.m.t.,:41:, [ t. \ 1 \< e....\:\ I -%„4".-44.1,Av‹,,i,kr.t.,0 \ir *\\. ":C6,ollt10,41<te -„-A,4,4,-,-..,,i V 7 • <-"\\\ -4.1-',F.'''kzi:1:41X7i4', 4,044` \\NN, Z \ \ 7".” ‘,,;',1:Z.':::r .-',,p. irkrri:VV,...4rttV> ' \ ,,› \/lj ) . 2437-15000082 .00 00.n ,.. ,, ®- ' .../esrimap.dll?name=Brevard 1&id=200511141002117784&Parcels=1&RoadNames=l&Water=13/18/01 Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 ;IN.VA kquis, PAA,. y RottiallArtyst rr�gP [Home][Meet JimFord][Appraiser's Job][FAQ][General Info][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Forms][Appeals][Property Research][Map Search][Maps&Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicators][Whats New][Links][Press Releases][Tax Estimator] General Parcel Information for 24-37-15-00-00025.0-0000.00 Parcel Id: 24-37-15-00-00025.0- Map Millage 26G0 Exemption: Use Code: 1000 Code:0000.00 Code: * Site 8959 ASTRONAUT BLVD, CAPE CANAVERAL, FL Tax 2444423 Address: 32920 Account: *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner AlA ACQUISITION PART OF FILLED LANDS W OF ST RD Name: GROUP LTD LLP NO 401 AS DESC IN ORB 3675 PG 971 Second Name: Mailing 3425 N ATLANTIC AVE Address: City, State, COCOA BCH, FL 32931 Zipcode: Value Summary for 2005 Land Information ** Market Value: $1,401,540 Acres: 5.85 Agricultural Assessment: $0 Site Code: 340 Assessed Value: $1,401,540 Land Value: $1,401,540 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $1,401,540 **This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5288/2198 5/2004 $1,735,300 WD V 3675/0971 5/1997 $569,800 WD V �1 I .../Show parcel.asp?acct=2444423&gen=T&tax=T&bld=T&oth=T&sal=T&lnd=T&leg=T&GoV3/18/01 Page 1 of 1 iitim Ford, cFA Bev .rd county; ' r pe � 3 . a.t e.rr . Map. ,$eaich `, "� IlirL' 1 WI MI '..\(2\:\N tV --I \ ".)'',Ir 1.--- ..3 iir --,014e,,,, \\\ '''' \ g, ms's `� s �� - ,),,El g f VLf ti ANAWWINPIWOUV1AMUFAA --'-,,, ; 7\-.. 4 ' . 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Date: December 14, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Utility Easement Agreement - Residence Inn At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Utility Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com Meeting Type: Planning and • Zoning Board Meeting Meeting Date: 11/30/05 AGENDA Heading General Easement Agreement Item #4 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Residence Inn—General Easement Agreement-Utility DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Residence Tnn,Utility Easement. Summary Explanation&Background: The City has been acquiring easement agreements with property owners along A 1 A to construct public sidewalks; sewer lines, reuse water lines,stormwater lines,and landscaping. Exhibits Attached: #1 Signed agreements and background information. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley,Building Official Todd Peetz, City Planner FROM: Ed Gardulski, Public Works Director DATE: November 14,2005 SUBJECT: Planning and Zoning Board Agenda Item for November 30, 2005 Approval of Easement Agreement from Residence Inn Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"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." As part of Residence Inn site plan review, the President of AlA Acquisition Group LTD LLP, Roger Dobson , requested that the City of Cape Canaveral accept the sewer main servicing the development. As a requirement the sewer main shall be constructed to City standards and grant a twenty-(20) foot wide Utility Easement Agreement. The Developer has constructed the sewer main to the City of Cape Canaveral's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Roger Dobson, President of AlA Acquisition Group LTD LLP. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Easement Agreement with AlA Acquisition Group LTD LLP. Attachment Prepared by and return to: Ed Gardulski,Director,Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral,Florida 32920 (321)868-1240 EASEMENT THIS EASEMENT is made this i-1- -17-L of y / , 2005 by AlA Acquisition Group, Ltd.. L.L.P. , whose address is 3425 North Atlantic Ave., Cocoa Beach, FL 32931 located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral,Florida,32920,located in Brevard County,Florida("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral,Florida,on which the Grantee desires to acquire a utility easement for the purposes described herein;and WHEREAS,under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along and across certain real property located in Brevard County, Florida, more particularly described on Exhibit"A," which is attached hereto and fully incorporated herein by this reference. Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas and communication lines (Bell South), and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all stitch fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this'Easement shall be and constitute covenants running with and binding upon the premises herein above described atnd shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any fututre change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on lithe day and year first above written. Signed in the presence of: GRANTOR: )2b4fAijiii ,, 0 i .4" , ar..4_,At,--- .._ ..._ ....,....... ._._ ....___. Witness Roj Dobson,President STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on t ' before me, an offic duly authorized in tthe State and County aforesaid to take acknowledgments, personall ppeared id// /j t on to me known personally or who produced _as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of � ,2005. i (Notary Seal) _ _i': _�_ ►' MARGARET A.VONA OTARY P :LIC ���*+ '"�1 commie DD040024$ My Commission Expires: { *b? Expires 315/2009 _ �`'''f"2- 'e Bonwtii thru(800)432-4254 i ',aim a F!a-'-.1 Notary Assn..Inc • Page 2 of 2 ; SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY 20' WIDE SANITARY SEWER EASEMENT POINT OF COMMENCEMENT INTERSECTION OF N. LINE OF S. 3316.80 FEU OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-1-A N. LINE OF S. 3316.80' OF SECTION 15 .\ POINT OF 1TERMINATION � f , oma`"-pc, 50,E�R Point D 17, ti < ` 1R ?I �, 6, ! -7\ 410 \ " T.L. /9 09 \`sir. AikPoint C :,r% ,.0 lb 5.0 goo 6 • `s \ \ ' a. � � \\ , v/O 4,6c-e, ��� lt_yx / <<)P �4 -r- \\mss' '''''/' '// d / o f Point B od /1/ /, ' ,19,\:6)) �y . � ', \ t•, , 2�- yob Ail VI, Sb E. %.) 1 / .01 6!3`-' P.- to 4,'I v. M0'° �p1 y"\ 0 0 37.5 75 150 ' S GRAPHIC SCALE 5. o �""c"\\;,, \w�! <-00 tea\F r EXHIBIT "A" �'yj\ 0a��' `�� ��° S. SHEET 1 OF 2 O,c\ �\ ii A ALLENtSs ��� ? ,scil •'5C5 00 ngineering, Inc. o,, �,5?,6j o , k' - ,a SURVEYORS - ENGINEERS 'oo`' mit, ,-1(345 106 COCOA BEE ACH, FLORIDA 32931 E 04- �r— S'L TELEPHONE: (321)783-7443 - FAX: (321)783-5902 \/ WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net SEE SHEET 2 FOR DESCRIPTION, ' 3. 3 2 SURVEYOR'S CERTIFICATION Ft NOTES s 1. REVISE ESMT./DESC. 6-28-05 PREPARED AND CERTIFIED FOR: DATE:: 6-16-05 DRAWN BY: DJG Al A ACQUISITION GROUP. Ltd., L.L.P. JOB NO. 030025 SCALE: 1"=60' DESCRIPTION NOT A BOUNDARY SURVEY 20' WIDE SANITARY SEWER EASEMENT DESCRIPTION OF EASEMENT: A 20.00 foot wide easement for the installation and maintenance of sanitary sewer facilities, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, lying 10.00 feet on each side of the following described centerline: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Road A-1—A; thence 53721'10"E, along said Westerly right of way line, a distance of 955.52 feet to the most Easterly corner of that parcel described in Official Records Book 5288, Page 2196 of the Public Records of Brevard County, Florida; thence S52'38'SO"W along the Southerly line of said parcel, a distance of 330.00 feet; thence S3721'10"E along the Southerly line of said parcel, a distance of 299.60 feet; thence S52'38'50"W along the Southerly line of said parcel, a distance of 170.00 feet to the most Southerly corner of said parcel; thence N3721'10"W along the West line of said parcel, a distance of 10.00 feet, to the POINT OF BEGINNING of the herein described centerline; thence N52'38'50"E, a distance of 160.00 feet; thence N3721'10"W, a distance of 352.68 feet, to Point "A" for future reference; thence S52'0752"W, a distance of 75.70 feet; thence return to said Point "A';• thence N52'0752"E, a distance of 76.00 feet, to Point 'B" for future reference; thence N52'07'52 E, a distance of 62.20 feet; thence return to said Point "B';• thence N37'11'45"W, a distance of 360. 15 feet, to Point "C" for future reference; thence N56'06'06'E a distance of 61.04 feet; thence return to said Point "C';• thence N37'1 1'45"W, a distance of 161.58 feet, to Point "D" for future reference; thence 549'52'09"W, a distance of 139.90 feet; thence return to said Point 'D';• thence N50'13'14"W, a distance of 84.22 feet, to a point on the North line of that parcel described in Official Records Book 5288, Page 2198 of the Public Records of Brevard County, Florida and the POINT OF TERMINATION of the herein described centerline. The sidelines of the herein described easement are to be lengthened or shortened to meet at the angle points formed. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S3721'10"E, along Westerly right of way line of State Road A-1—A. 3. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: EXHIBIT 'A' I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. a LLE ALL 'NGI.4 ' .G, NC. ngineering, Inc. 1„' SURVEYORS - ENGINEERS , 106 DIXIE LANE / , / 3 COCOA BEACH, FLORIDA 32931 Not valid without the TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original ROBE-T ' S•LMON WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net raised seal of a Florida Pro fessi7 a Surveyor & Mapper T 3 licensed surveyor and mapper. Florida -;•gistration No. 4262 2. PREPARED AND CERTIFIED FOR: 1. REVISE ESMT./DESC. 6-28-05 AlA ACQUISITION GROUP. Ltd., L.L.P. JOB NO. 030025 DATE: 6-16-05 • Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 Pregpprtyj p!p, i gr ', .� i - of P,1'l+F Iti l"-d go�un#Y, E1, ` - '.\ P to ‘4,,,,,,t: R -§„ _ .rqtYtti 0r AP [Home][Meet JimF.ord][AppraisersJob][FAQ][General Info][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Forms][Appeals][Property Research][Map Search][Maps&Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicators][What sNew][Links][Press.,Releases][Tax Estimator] General Parcel Information for 24-37-15-00-00829.0-0000.00 Parcel Id: 24-37-15-00-00829.0- Map Millage 26G0 Exemption: Use Code: 1000 0000.00 Code: * Site Tax 2454530 Address: Account: *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner Name: AlA ACQUISTION PART OF FILLED LANDS W OF ST RD GROUP LTD LLP NO 401 AS DESC IN ORB 3949 PG Second 1127 Name: Mailing 3425 ATLANTIC AVE N Address: City, State, COCOA BCH, FL 32931 Zipcode: Value Summary for 2005 Land Information ** Market Value: $654,050 Acres: 2.73 Agricultural Assessment: $0 Site Code: 340 Assessed Value: $654,050 Land Value: $654,050 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $654,050 **This is the value established for ad valorem purposes in accordance with s.193.01 1(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5288/2196 5/2004 $814,800 WD V 3949/1127 1/1999 $350,000 WD V .../Show parcel.asp?acct=2454530&gen=T&tax=T&bld=T&oth=T&sal=T&lnd=T&leg=T&GoV'3/18/01 Page 1 of 1 4,0111 IQ;'•d, PEA Bretyaard °tin ty.4, :iortol arty, A ?ra,ispar„ a ?• o+-4..rPh. 1 1 T ( J/ '�5" Y�,�y#ol 7 t �F �� A \ t ��1. 1 /1 l P L,. h€R 5Y0-,,,,,,40,,,,,,,4 /�,/ \ fix` f d' f 4 \ ' llt / Y'„ c. 4 • / ,4x1 444a€ 3-s ' � � '\�t ter' j ./t tl•,,'r'Y " 'a'�) . * \ite If411 Vr / ti / ? ifi4 VJ ikr .,.�11 kgs p � i \ Y P 4 ** 145"444/ § € spa,< 4 t �, � r t 41i'�t •�,. 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L r7 a'� 24-37-15-00-00829.0-0000.0 `� ✓ a -. atia .../esrimap.dll?name=Brevard1&id=200511141002117784&Parcels=l&RoadNames=1&Water=l3/18/01 L, ' Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 411)1 FprA10 : Rkoptortyte PrpRerty.AppraiAer :#4,16 g } , PW<" [Home][Meet JimFord][Appraiser's Job][FAQ][General Info][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Forms][Appeals][Property Research][Map Search][Maps&Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicators][What's New][Links][Press Releases][Tax Estimator] General Parcel Information for 24-37-15-00-00025.0-0000.00 Parcel Id: 24-37-15-00-00025.0- MMap oa 26G0 Exemption: Use Code: 1000 Code:0000.00 Code: * Site 8959 ASTRONAUT BLVD, CAPE CANAVERAL, FL Tax 2444423 Address: 32920 Account: *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner AlA ACQUISITION PART OF FILLED LANDS W OF ST RD Name: GROUP LTD LLP NO 401 AS DESC IN ORB 3675 PG 971 Second Name: Mailing 3425 N ATLANTIC AVE Address: City, State, COCOA BCH, FL 32931 Zipcode: Value Summary for 2005 Land Information ** Market Value: $1,401,540 Acres: 5.85 Agricultural Assessment: $0 Site Code: 340 Assessed Value: $1,401,540 Land Value: $1,401,540 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $1,401,540 **This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5288/2198 5/2004 $1,735,300 WD V 3675/0971 5/1997 $569,800 WD V .../Show parcel.asp?acct=2444423&gen=T&tax=T&bld=T&oth=T&sal=T&lnd=T&leg=T&GoV3/18/01 Page 1of1 Jini Ford CFA Bravard C.o;unyy=., F Q Kty Ap= r .,i e,r - MAR $„,,eargh '—' ..___.••••••••• HI N _ r :_ MN N / ,,,,,„.,-,.., \, \ JI, i / v,r ..� ^; -_-�._ }\ "t -4414 `y as .. ,r�r `� i rs } yy .� \..,- , \ ...)..<-:;„.., x.,,I,,,,e,:.,,,,.,,,,,I.-x.,...„,kt,r7alc.,,,:zt;, ,,,,,,-,0twer„. E------ •/ /..., -,...,, ,,,,,,... <-.z. ::, ,,..„ /V\<" ....' y t ,4 a�e 1IW* / �. 1 / i 1/ ..< .\,>, ----7:7--i 4 xNi \ '' / t / �. $x`f to 1 i4, 1 e ( x x»a,d a eJ(( Milli \ � 15 J 24-37 4-37 15-00-00025 0-0000.0 jIT \ .-7 ' / -o s . 1 kl �� J lu* z Xt AW-,F g � I -- `0. if a� T - art, • �a ��FTvf �x'x Y ���ll � t ..V3. !2 ,v ,.,aSm d.d, .'.a`r: „•.. r..�x '' - ria..11 1 ..r. it .../esrimap.dll?name=Brevard 1&id=200511141001246452&Parcels=1&RoadNames=l&Water=13/18/01 54pCE4Art) o 4' F `1 `,atek, City ofCape Canaveral { ,,,,,,,f, FILE COpy,,,z, ,, Date: December 14, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Utility Easement Agreement - Villas at the Port At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Utility Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning and Zoning Board Meeting Meeting Date: 11/30/05 AGENDA Heading General Easement Agreement Item #5 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Villa at the Port(Sea Spray)—General Easement Agreement-Utility DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Villa at the Port,Utility Easement. Summary Explanation&Background: The City has been acquiring easement agreements with property owners along North Atlantic to construct public sidewalks;sewer lines, reuse water lines,stormwater lines,and landscaping. Exhibits Attached: #1 Signed agreements and background information. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley,Building Official Todd Peez, City Planner FROM: Ed Gardulski, Director Public Works Department DATE: November 1, 2005 SUBJECT: Planning and Zoning Board Agenda Item for November 30, 2005 Approval of Easement Agreement from Sea Spray (Villa at the Port) Greene International Development Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"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." As part of Sea Spray (FKA Villas at the Port) Development's site plan review, the property owner, Greene International Development, had requested that the City of Cape Canaveral accept the sewer main servicing Sea Spray development. As a requirement the sewer main shall be constructed to City standards and grant a twenty foot wide Utility Easement Agreement. The Developer has constructed the sewer main to the City of Cape Canaveral's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Martin Greene, President, Greene International Development. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in Brevard County's Public Records after approval. Recommend the approval the Easement Agreement with Greene International Development. Attachment Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 • v: ,�Irill i l ;) k 4,2e r r. way " , 1' q te. v r� .e , Ftp ,* ^' � 41'+� ,� *� b.�1R is �- � � x ��� [Home][Meet JimFord][Appraiser's Job][FAQ][General Info][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Forms][Appeals][Property Research][Map Search][Maps&Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicators][What's New][Links][Press._Releases][Tax Estimator] General Parcel Information for 24-37-14-28-00000.0-000A.24 Parcel Id: 24-37-14-28-00000.0- Map Millage 26G0 Exemption: Use Code: 1000 000A.24 Code: * Site Tax Address: 107 ANCHORAGE AV, CAPE CANAVERAL, FL 32920 Account: 2442538 *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner GREENE PART OF N Name: INTERNATIONAL 165 FT OF DEVELOPMENT Plat TEUTONS LOT A LYING Second Book/Page: SUBD W OF SR 401 Name: CORPORATION 0001/0022 AS DESC IN Mailing ORB 3271 PG Address: 5604 N ATLANTIC AVE 656 City, State, View Plat (requires Adobe Acrobat Zipcode: COCOA BCH, FL 32931 Reader-file size may be large) Value Summary for 2005 Land Information ** Market Value: $406,910 Acres: 2.53 Agricultural Assessment: $0 Site Code: 341 ...._........... Assessed Value: $406,910 Land Value: $406,910 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $406,910 **This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. .../Show parcel.asp?acct=2442538&gen=T&tax=T&bld=T&oth=T&sal=T&lnd=T&leg=T&Gov3/19/01 Page 1of1 Jim_ For_.d, CFA Bre^tirard CemAty Pr.c pier.&yr Appraiser - Kap SeA.ie.:h, A t P C Ix 11. I-- D D L id t i / 261 A.18A '`'.., L24-37-14-28-00000.0-000A.24 I vv.v-WNW I .i V A.02 A.173 A.O5 A.�61 ii j A.4 A.16 1 A.01 A.11 1`A. LA I I I I BORT A.10 A.27 A.26 A.26 A.17 A.09 B a I 0 1 \ ;, ELIZA �� 4 6 � 4 rt. �.. 224 1 o19181716161413 12 1110\ 8 '\7 \\ 3 2 1 -, igi 1 I A i ._ i- F i{ .../esrimap.dll?name=Brevard 1&id=200511141149565312&Parcels=1&RoadNames=l&Water=3/19/01 10/' i/2005 15:10 3214546885 BUSSEN MAYER PAGE 02/03 Prepared by and return to: Fd Gardulski,Director,Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral.Florida 32920 (321)868-1240 FASEMENT Martin Greece,President THIS EASEMENT is made this oz - day of a,/- _,2005 by Greene international Development whose address is 6500 North Atlantic Avenue, Cocoa Beach,FL 32920 , located in Brevard County,Florida ("Grantor"), in favor of the City of Cape Canaveral. a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral,Florida, 32920,located in Brevard County,Florida("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida,on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS,under the terms and conditions stated herein,the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along and across certain real property located in Brevard County, Florida,more particularly described on Exhibit"A,"which is attached hereto and fully incorporated herein by this reference.(Parcel ID 2437-14-28-00000.0-000A24 ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas and communication lines (Bell South), and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing,maintaining,repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee,including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 1111111 , lb/15/2b05 15: 1d 3214546885 BUSSEN MAYER PAGE 03/03 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns,together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any fchange which may take place therein. / / IN WITNESS WHEREOF,the Grantors have hereunto set their hands ajd seals on hthe day and year first above written. f / igne' "n the presc ce of: GRANTOR: - .... '0,- :(57:24"6---- c � ' talk...-c e e te- 1 Cil L= LL ,X_)"1006,:__(-0/ witness 1 (1, -f_.1 ft..-4--51C-7 /ii1 c) witness STATE OF FLORIDA COUNTY OF BREVA.RD EER : v CERTIFY that on this day, before me, an officer duly authorized in the State and County esaid to take ackn lodgments, personally appeared (3i LL i(? so.-, on to me known personally or whop oduced as identification,to be the--person to and who executed the foregoing instrument and he acknowledged before mc that he executed the same for the purposes set forth herein,and he did not swear an oath. WI , _S ply hand and official seal in the State and County last aforesaid this c day of i b2/ ,2005. / PATRICIA A.WOODARD "1 (Notary Seal) Yo commit DD0255602 s WARY PUBLIC "_° E iris 1 a0°r My Commission Expires: ra sorwa�thru(0432-4251 '���9ri1� f ..NY... rM14]ta Ate..Inca Page 2 of 2 p DESCRIPTION: SANITARY SEWER EASEMENT THE SOUTH 20.00 FEET OF THE NORTH 51.00 FEET, BOTH BY RIGHT ANGLE MEASURE, TOGETHER WITH THE WEST 20.00 FEET OF THE SOUTH 119.00 FEET, BOTH BY RIGHT ANGLE MEASURE, OF THE FOLLOWING DESCRIBED "OVERALL PARCEL" OF LAND: A PORTION OF THE NORTH 165 FEET OF LOT "A" OF TUTEN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, LYING WEST OF OLD STATE ROAD 401 (NORTH ATLANTIC AVENUE, 60' R/W), BEING A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 165 FEET OF SAID LOT "A", WITH THE WESTERLY RIGHT OF WAY LINE OF SAID NORTH ATLANTIC AVENUE; THENCE N89'57'57"W., ALONG SAID SOUTH LINE, FOR A DISTANCE OF 813.98 FEET; THENCE NO0'02'03"E., FOR A DISTANCE OF 150.21 FEET TO A POINT BEING 15.00 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF SAID LOT "A"; THENCE S89'56'03"E., 15.00 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE, FOR A DISTANCE OF 832.55 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID NORTH ATLANTIC AVENUE; THENCE 507'06'10"W., ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 150.90 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES (18,528 SQUARE FEET), MORE OR LESS; BEING SUBJECT TO RESTRICTIONS, COVENANTS, EASEMENTS AND/OR RIGHTS—OF—WAY OF RECORD. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT "A" OF "TUTEN'S SUBDIVISION" BEING "S.89'56'03"E.", PER THE "OVERALL PARCEL" DESCRIPTION AS PROVIDED BY THE CLIENT AND RECORDED AS SCHEDULE "A" OF O.R. BOOK 3271 AT PAGE 0656, BREVARD COUNTY PUBLIC RECORDS. 2. THE SKETCH SHOWN HEREON IS A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION AND IS NOT A BOUNDARY SURVEY. 3. SEE SHEET 1 OF 2 PER SKETCH OF DESCRIPTION. 4. THIS SKETCH AND DESCRIPTION WAS PREPARED FOR THE EXCLUSIVE USE OF THE PARTIES LISTED BELOW; COPIES ARE ONLY VALID WHEN BEARING THE SURVEYOR'S ORIGINAL SIGNATURE AND EMBOSSED SEAL. 5. CERTIFIED TO: GREENE INTERNATIONAL REAL ESTATE; CITY OF CAPE CANAVREAL. CERTIFICATE: I hereby certify that the sketch and description shown hereon is true and correct to the best of my knowledge and belief, as performed under my direction and supervision, and that it meets or exceeds the minimum technical standards set forth by e Florida Board of Professional Land S rveyors i Chapter 61G,d 6dministrat we ode, u - ant to i. ,i, Florida sta 140 riallt0/.� OJ Marco Paul Cazessiis, P L.S. Date FLORIDA SURVEYOR'S C •TIFICATE NO.: 4762 BUSSENr-MAYER ENG • ERING CERTIFICATE NO.: 3535 Sec.:14 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/21/05 Twp.:24 South GREENE INTERNATIONAL DEVELOPMENT CORPORATION Scale :N/A Rng.:37 East BREVARD COUNTY FLORIDA P. N. : 329606 Dsn. by :N/A Bassen -slayer Engineering Group Sheet No. A Drn. by :RKB 2 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 of Chk. by :MPC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6885 2 • x20.00 FT. SANITARY SEWER NORTH 1 EASEMENTSCALE: 1"= 30' (o.k.0'. NO RT OLD STAT E R H� So705,77 W�MgT LAA/TIC AvE- N0, 6Oi R 6 70 vv(D) (D)) 75p79�(o)) /W) I I I I WI Y R/W LiNe I I 51.00' POINT-OF-BEGINNING OVERALL PARCEL 15.00' 31.00' I 20.00' � _ L.. I 119.00' I I / -- I I i I I "SEA SPRAY o ITOWNHOMES" CONDOMINIUM iii co 5 I I 0 m I I cnin I I � F m I I 150.00' o F- I I n rn I a.' I I Z I I H O 0 oQ I I O H O a I 'co N O cn jI O E- w co '0J 7— In O _Z V) N J vi I N I m z to O I I to 0 z Lai • Li zCD I I w� J J D O Z Z to N Z of /✓/J c N • I 20.00' WIDE SANITARY SEWER EASEMENT 0.43 AC.± 18,525 S.F.± I I I I I I I I 0 O d LEGEND: I N -..--C/ N00'02'03"E(D) 150.21'(D) O.R.B. OFFICIAL RECORDS BOOK NO0'03'57"E(M) 150.00'(M) PG. PAGE R/W RIGHT-OF-WAY W WATERLINE (0) BEARING/DISTANCE PER DESCRIPTION NOTES: (M) $FARING/DISTANCE PER SURVEY 1. SEE SHEET 2 OF 2 FOR DESCRIPTION, —try— GRAPHICS NOT TO SCALE NOTES AND CERTIFICATE. Sec.:14 A SKETCH AND DESCRIPTION PREPARED FOR: Date : 10/21/05 T .:24 South GREENE INTERNATIONAL DEVELOPMENT CORPORATION Scale : 1"=30' Rng.:37 East BREVARD COUNTY FLORIDA P. N. : 329606 Dsn. by :N/A 17n� ShAeet No. Drn. b RKB uSS¢n"��y¢r Engin¢¢ring Group 1 y 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 of Chk. by :MPC PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6865 2 ( : QT TD1 TETI TTrim . 54ACEAka , a : Cityof Cape Canaverali s *Itag=ppr rat Date: December 14, 2005 COP To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Preliminary Replat - Beroja Palms - Section 23, Township 24 South, Range 37 East, Block 70, Replat of Lot 7, Avon by the Sea Subdivision - Ron Wallen, Applicant. At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat. Please schedule this Preliminary Replat for the next City Council meeting agenda. Attached are (7) copies of the replat. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Preliminary Replat Item #7 No. • AGENDA REPORT PLANNING& ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Beroja Palms Townhomes Preliminary Replat DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed preliminary replat for Beroja Palms Townhomes. Summary Explanation&Background: This request is for a final replat of lot 7, Block 70 of Avon By The Sea to be 2 lots on Lincoln Avenue. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Final Replat drawing Building Official's Office Department • -1, 5.9 (i-S.6 r . APPLICATION FOR PLAT REVIEW OS DATE OF SUBMITTAL: . AOS ' (NOTE: SUBMITTAL MUST BE SUBMITTED A IVIENINIUM OF 30 DAYS PRIOR TO THE PLANNING & ZONTITG MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). nn IS THIS A FRELL L1 :CRY PLAT, RE-- PLAT, OR FL IAL PLAT? 1. iAttJox AMOUNT OF FILt,ZG FEE PAID: S '3r) .Y _____ • AMOUNT OF ENGINEERING DEPOSIT PAID: S 7C)C) DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION. APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? MOTE: TRIS NEEDS TO BE DONE PRIOR TO SUBNfCTTAL). YES NO N.A. c r": % PROJECT NAME: l_ I_ i PROJECT ADDRESS: fl _u ► . I. 1 A. " sM . _ % > • LEGAL DESCRIPTION: dk 11Pi.. E . ix ' a . t u ' i . , , R. .,' - { ' " T o - O��'NERArM( NAME: L y_,. r ` '• t f y4 � ' ,r .- OWNER(s) ADDRESS: PQ _Bob' .31/33 4414//eEe li e6 /w 4/70a5 PROJECT ARCHITECT/ENGINEER: ‘ 11\ 4'4 , PHONE NO. OF ARCHITECT/ENG "EER: LA53-r3(3 5 • 41 A i APPLICANT(S) SIGNATURE: -boil!' 0 P �.E./AGENT t PHONE Inc"IJIVt3ER. OF OWN LIAGENT: D 1 " 5Oo"T 1 -.37% IL/ OuYeos‘trap # r- D Wivn T5°'-ke6 13,L1,&„/,' • aijw\ L-iNA.Tewk, (4-'12 (4-6-1% - 600/Z00z� r QNVISI .L.LI2I2I314I .L,LI112Id 1CZ9 986 TZC XVd OZ ZT I2I3 9002/20/80 City of Cape Canaveral Beroja Palms Replat Applicant: Robert Griffith Location: Range: 37 Township: 24 Section: 23 Proposed Amendment Acreage: 0.14+/-Acres Permitted 15 DU per acre: 2 residential maximum whole site R-2 Residential Proposed Number of Units: 2 Proposed Density: 14.28 DU/AC Current Future Land Use: R-2 Residential Current Zoning: R-2 Residential Description: The applicant proposes to build two (2), two story townhome units on a 0.14 acre lot. The subject site is located south of Lincoln Avenue and west of Orange Avenue. North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Multi Family Single Family Multi Family Single Family Conditions Residential Residential Residential Residential Townhome Requirements: Required Provided Minimum Lot Area 6,250 sq. ft. 6,383.5 sq. ft. Minimum Lot Area 1,600 sq. ft. 3,187.5 sq. ft. Minimum Lot Width 20 feet 25 feet Minimum Lot depth 70 feet 127.58 feet Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 1 or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of.54 MGD. The amount the project could generate is 500-600 gallons. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600-700 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston-Urban land complex (GA) soil type. The soils in this complex are well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. The two units will probably accommodate 4 to 6 new persons. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 21, 2005 Re: Beroja Palms Replat I have reviewed the Beroja Palms Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. 11/21/2005 02:15 321-783-7065 STOTTLER PAGE 02 SSA November 21, 2005 Mr. Todd Peetz Miller-Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review-Beroja Palms •Review#3 SSA Job No. 05-0025, Task 009-1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. cnerel • David Roy Jo , LS Chief Survey DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review 43—NIC NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at$95,00 per hour. STOTTLER STAGG & ASSOCIAI'IJS ARCHITECTS ENGINEERS PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 lic#AAC000S29 #EB0000762 llL30006700 u:ljoan solterivalcim0prejectskapell-berbja palms pre plat review 3,de4 MEMORANDUM TO:_ Todd Morley,CBO Building Official FROM: Ed Gardulski Public Works Director RE: Preliminary Replat Beroja Palms DATE: November 2, 2005 The Public Works Department has reviewed the Preliminary Replat of the above project and does not have any comments or concerns: Page 1ofI Todd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Thursday, November 03, 2005 12:01 PM To: Todd Peetz Subject: Re: Beroja Palms We have reviewed the preliminary replat and have no comment at this time. 11/22/2005 - • luaiu udaQ aMJJO s,I'ta'JJO�utuulId &uinnezp wId02I I !.1 ouj (S s;uauzuzoo nnainazifels (b He Xq a.iodaz alis (£ Tugogdde Aq papTnozd uouguuo .ri snoaugrraosj j, (Z lugogdde uop oirddd (I :pagaujy mg-ma •sioeq;as pa;eraz pug sou!!Xzadozd age sassozo tuo sXs noq zoXanuoo Jo uouongsuoo 0141. zoj panozddu uogdaoxa reloads e peg Xpuaoaz seg pug IgzangUUJ Jo pod age of luaogfpg Pomo! Si alis •sreualgui oiaazfigg a$gzols pug gulnotu Jo asodznd 0141.g;ice uzaisXs araq Jo/co/moo a pn.isuoo o;ugrd alis g zo3 SI lsanbaz sigZ :puno.itpagg 28 uogeugrdxa SJeurtuns •affezols)1111g IezangMUD zoj Mid a;is pasodozd alp IiounoD KID puauuuooaz pug enainag :uopay palsanbag luauJJda but m Q .PI. g •NOISIAIQ/'.Ld103 ueId a3!S—a5r.z° S Ming Imo/lump :loaf ans ZVIIIIAVNVD IIdV3.10)UID HILL Q2I�'Og ONINOZ 7S.DNENNV Id III0d3II VQNIIOV •oN s## uia$ uu1d 01!S Suipeag VQNgDV SO/OV I i :MG Sul433j 2uiuoZ 0S'21iuueld :addc12u!aaW , APPLICATION FOR SITE PL AN' REVIEW � C� DATE: 340, 6)c)((el) a- �-G PROJECT NAN E: r4#J �/ L :L /C ----� LEGAL DESCRIPTION: 2 t' 376 OWNER(S) r L OwNER(S) .ADDRESS: C • : PHONE NTLBER: 13Q,, $ 66 1 NA-tirE OF ARCIIITECT/ENGLNEER: U L.) //A) PHONE UMBER: '4 a APPLICANT'S SIGNAL : _ • V O '�+ER SI AGENT PHONE NUMBER: - g = L/66 1/95 - SITE PLAN `.PPROVAI, 'ORIVIATTIc SITE PLAN APPROVAL PROCEDURE; Step 1. Site Plan Submittal and Review Required: Yes No ed. New commercial building or structure? JZNew residential structures with three or more dwelling units? Commercial additions eYcee din`Q 850 square feet? If yes has been checked on any of the above, a sit is required, e plan submittal and review Step 2. Submit fire (.5) copies of the site lte plan sig1ed and sealed by a Professional Eng i ,, licensed in the State of Florida along Mina fee to the Building Department 30 days prior to the Plag a Zoning Board meeting. (The Board meets the 2nd and 4thnnlne ay ti�edne of every month.) sdav The Building Department shall distribute the sitelans t departments and return comments to thea P o the following submittal. PPlicant within 10 days of its 1. City Engineer -'• Building Department 3• Fire Official 4. Florida Department of Environmental Protection (if appropriate) Step 3. The applicant shall return nine (9) copies of the revised with written responSes to all comments at least seven (site plan along a Planning and Zoning meeting. � days prior to Step 4. Compliance with Stormwater Concurrency Management. Step 5. The Building Department will return one (1) copy of the applicant marked with the Board's approval subject to c site plan tothe applicable.) ontingencio s (if SITE PLAN CHECKLIST SITE PLAN INFORMATION. (General) Yes No N.A. Size, height, number of units and location ofr p oposed and existing V structures. •Dimensions Total gross area andercentage P devoted to structures. - --------panting and landscaping.-- Number andscapingNumber of units Number ofarkin; p' spaces and loading zones Traffic flow diagram Density (units per acre) Location and dimension for the following areas: !/- Park(s) Canal(s) \VaterKav(s) Boat slip(s) Parkin-3 Swimming pool(s) Drivewav(s) Recreation SITE PLAN CHECKLIST (CONTINUED) PAGE 2 —ra Yes No N.A. Trash Sidewalks Dune crossovers Other (specify) Type of enclosure for communal trash container(s) -- - Vr Fire alarm and standpipe data Vicinity map Location of planned landscaping Finished grades for the following: _1L_ I Entire parcel Finished floors Streets Parking Iots Sidewalks 10" of adjoiningP Pro ertv Details. sections and specifications Street lights Water and sewer SITE PLAN CH ECIsTIST CONTLN'ITED1 PAGE Yes No N.A. te Paving and drainage / Curbs / Storm drains Sidewalks Engineer's seal on drawings Square footage of building - areas Living Parking Other (specify) Total under roof Reouired notes: Sideway; and sanitary sewers to be constructed Cape Canaveral standards to City of Water Tines to conform to City of Cocoa standards Fire alarm system to be installed Cape Canaveral Fire Department standards ect to City of TOPOGRAPHIC SURVEY USC and G.S. datum plane Existing street lights Canaveral Bulk Terminals, Inc. 1000 Southern Boulevard, Suite 300 West Palm Beach, FL 33405 May 25, 2004 To Whom it may concern: We are the owner of the property described in Exhibit "A" hereto and are the tenant under a lease with Port Canaveral to lease the balance of the property described in Exhibit "A" hereto. In connection with our application, we hereby appoint Randall L. May, as our attorney-in-fact, to file an application for such forms on our behalf and to take such actions as he shall deem necessary and appropriate in connection with such application. Please direct any correspondence on this matter to Mr. May at the following address: c/o Ambassador Lease Management, Inc., 245 Challenger Rd, Cape Canaveral, FL 32920. If you have any questions regarding the above, please do not hesitate to contact us. Thank you for your cooperation. Very truly yours, CANAVERAL BULK : '. lb.ALS, INC. By Enrique A. Tomeu, President sM JOE D MATHENY Cbgial/en/ Charnnan RAYMOND I' SI-1ARKEY Vre-Charnnan PORT AUTHORITY 'oMc°°DSON Secretary-Treasurer RALPH J KENNEDY COM//IBS/0001 RODNEY S KE1C11AM G.nvrussinnur December 13, 2004 To Whom It May Concern: This letter is to inform you that in August 2000 Canaveral Port Authority Commissioners approved the concept of a dust free aesthetically covered conveyor system running from the South Boulevard; at a height of not less than twenty (20) feet, and off-loading onto Ambassador Services property south of George J. King Boulevard. Project final approval to be contingent upon completion of all applicable permitting and staff engineering approval, which we are in the process of completing. If you need any further information, please feel free to contact me at (321) 783-7831 x257. Regard 7 � Susan A. Cossey Director, Tenant Development & Foreign Trade Zone 136 PORT CANAVERAL&FOREIGN TRADE ZONE 136 PO.Box 267•200 George King Boulevard•Cape Canaveral,Florida 32920,USA•321 783.7831•Fax 321.784.6223•1 888 PORT-CAN www.portcanaveral org City of Cape Canaveral Canaveral Bulk Storage Site Plan Applicant: Designated Agent; Randall May. Location: Range: 15 Township: 37 Section: 24 Acreage: 1.75 Acres Proposed Number of Units: Not Applicable Current Future Land Use: Industrial M-1 Current Zoning: Industrial M-1 Description: The applicant's site plan is to build a conveyor belt system from the Port of Canaveral. The subject parcel is currently occupied and located south of George King Boulevard and west of North Atlantic Avenue. North South East West Zoning Port Cl Commercial Cl Commercial Ml Industrial and R2 Residential Comp Plan Port Cl Commercial Cl Commercial M1 Industrial and R2 Residential Existing Port Canaveral Light Concrete/Asphalt Port Canaveral Conditions Manufacturing/ Plant Vacant Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing use and additional trips are not anticipated. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of.54 MGD. This project will not generate any added waste water. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. This project could require approximately 1,400 gallons daily. Even though the variance request will not affect water quantity or quality there is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site consists of a Canaveral complex, gently undulating (Ca) soil type. Canaveral soils consist of nearly level and gently sloping soils that are a mixture of sand and shell fragments. The water table is between a depth of 10 to 40 inches for 2 to 4 months of the year and below a depth of 60 inches in the dry seasons. The natural vegetation is saw-palmetto and scrub live oak on ridges and sand cordgrass in sloughs. Historical and Archaeological Resources in Amendment Area: Not Applicable. Population Projections and Trends: Not Applicable. MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: August 11, 2005 RE: Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May I liavc icvicwcll tllc submittal of t11G situ plan iGvicw fol t11G abovc lcftacIl G11 project. Only one minor comment to label "Section C" located on page two. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. August 17, 2005 SSA Mr. Todd Peetz Miller-Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review— Canaveral Bulk Storage - Review #2 SSA Job No. 95-0208/103-1004 Dear Mr. Peetz: SSA has reviewed the above-referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. WV le 7 John A. Pekar..,//PE Sr. Vice President - City Engineer City Engineer's Review Fee For Review#2—Included in 1st Review NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. \ J STOTTLER STAGG & ASSOCIAITS ARCHII'r,CTS ENGINEERS PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic.#AAC000329 #EB0000762 #LB0006700 J:ICIVILIProjectslCAPEII-canaveral bulk storage review 2 approve.doc MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: August 11, 2005 RE: Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May I havc icviewcd tllc submittal of t11c Sitc plan lcvicw fol tllc abuvc 1cfcic11Gcd project. Only one minor comment to label "Section C" located on page two. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Discussion Short-term Rentals Item #9 No. AGENDA REPORT PLANNING& ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—Short-term Rentals DEPT./DIVISION: Building Department Requested Action: Discussion of what has been occurring in Brevard County and elsewhere with short-term rentals. Summary Explanation&Background: This is for your information and for additional discussion. Exhibits Attached: 1) Email correspondence from the County Manager 2) Datagram from the Florida League of Cities 3) A recent Flagler Beach article Planning Official's Office Department Susan Chapman From: Todd Morley[morley-cape@cfl.rr.com] p Sent: Monday, November 21, 2005 1:18 PM MG S To: City Hall Chapman, Susan Subject: FW: 10_31_05grm.pdf Susan, Please forward this information for the next discussion of short term rentals to the P&Z Board members in the next agenda packet. -Todd Original Message From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Saturday, November 19, 2005 2:24 PM To: Bob Hoog; Buzz Petsos; Jim Morgan; Leo Nicholas; Rocky Randels Cc: 'Todd Morley' ; 'Todd Peetz' Subject: FW: 10 31 05grm.pdf See the note below on short term rentals from the County Manager, The County is being sued, Bennett Boucher City Manager City of Cape Canaveral, Fl. Phone 321.868. 1230 Fax 321.868 .1224 e-mail boucher-cape@cfl.rr.com www.myflorida.com/cape Original Message From: Peggy Busacca [mailto:peggy.busacca@brevardcounty.us] Sent: Friday, November 18, 2005 11:40 AM To: boucher-cape@cfl.rr.com Subject: RE: 10_31_05grm.pdf Bennett, Thank you. I believe that the County's ordinance is being challenged by at least one owner, so the City may want to wait until there is some progress on that lawsuit before moving forward. Scott Knox will know more about the specifics of the lawsuit, if you are interested. Peggy Original Message From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Friday, November 18, 2005 10: 45 AM To: Ron Pritchard@D2@GCC; Peggy Busacca@BCC@Viera Subject: 10 31 05grm.pdf Hey Ron & Peggy, The attached Florida league of Cities Datagram, outlines some of the issues with local rental property ordinances. 1 We are still working on our ordinance and according to this article, single family residences that rent for less than 30 days are subject to exclusive state regulation, we can only regulate single family residences that rent for more than 30 days. Just an FYI, Bennett 2 i_ PLEASE COPY AND DISTRIBUTE TO ALL APPLICABLE PERSONS: matimmomia Mayor All Council members Managers isismonsmi Clerk Attorney Finance Director AIM" Florida League of Cities, Inc. P.O.Box 1757.Tallahassee, FL 32302-1757.(850)222-9684.Suncom 278-5331 .www.flcities.com DATAGRAM October 31,2005 • Vol. 33, No.2 Noted Political Analyst $75 each,which includes the reception Information is available in the Sep- andt0 Headline League's banquet.Hotel reservations will be tember/October 2005 issue of Quality g available at $114, plus 11.5 percent Cities and on the League Web site at Legislative Conference occupancy and 6.5 percent sales tax. www.flcities.com/membership/inno The Florida League of Cities Legisla- The Hyatt must receive hotel accom- vations.asp.Please call Mandy Rogers tive Conference will be held November modations by November 7. The ticket at the League or e-mail mrogers@ 17-18,2005,at the Hyatt Orlando Inter- order form and hotel information have flcities.com with any questions. national Airport Hotel. Conference an- been posted on our Web site, www. nouncements have been mailed to flcities.com under"News&Hot Links," Rental League members and are available or call Gail or Laura at the League at 1- Property Ordinances online at www.flcities.com,under"News (800)342-8112. p y &Hot Links."The hotel reservation dead- Representatives of the League were line is November 7.We are pleased to Florida City asked to meet with representatives ofFlorida's apartments and realtors asso- announce that Dr.Susan A.MacManus, Government Week ciations,the Florida Department of Busi- distinguished university professor and During the week of October 16-22, ness and Professional Regulation speak a at renowned politicallunexpert,willspFlorida City Government Week celebra- (DBPR)and legislative committee staff ing ththe slas legislative n erencecheon dur-D . tions took place throughout the state. to discuss local government regulation ing the Legislative Conference. Dr. MacManus has appeared on ABC,NBC, Many Florida cities organized activities of rental properties. Current law, Sec. CBS,CNN and MSNBC,and in various including mock commission eetings, 509,0322I ,.Ela.Stat_,pc_eempts to the heritage day festivals and-essay—.__DBP regula of"public lging es- - print and broadcast media throughout aty the world.She has also won accolades --- contests highlighting the impnrtanc a of. tablishme t ich are-generally de- _ following her riveting commentary relat- city government. fined as-apartments of more-than four ing to the 2000 election season, and - The League wants to-know-how your units-or-singie-family dwellings=rented - has been identified as the most-quoted city was involved in Honda-City-Gov- for a period of up-to-one month.. (Ch. - political scientist in Florida during last emment Week.Please submit any pho- 509, Fla.Stat., should be reviewed for year's elections. Come hear her fore- tos, surveys or summaries outlining precise definitions.)The impetus for this cast for the upcoming legislative and your city's participation to Estella Gray meeting was concern by apartment election scene in Florida. Don't miss at egray@flcities.com by December 1. managers and realtors around the state out! Excerpts from your submissions will be that some local governments were con- featured in an upcoming Quality Cities sidering or had already adopted ordi- Florida Cities magazine article. Please contact nances creating licensing and inspec- Estella Gray at(850)222-9684 for more tion programs for rental units meeting of Excellence information. the definition of"public lodging estab- Awards Banquet lishment," and thereby being subject Ticket Information City Innovations exclusively to state regulation under Showcase Call for Entries Ch.509, Fla. Stat. Local governments Deadline - November 7 are only authorized to conduct Florida The Florida Cities of Excellence The next edition of the League's City Building Code and Florida Fire Code Awards Banquet will be held Friday, Innovations Showcase will be published compliance inspections of public lodg- November 18,at the Hyatt Orlando In- in early 2006. The City Innovations ing establishments that are preempted ternational Airport Hotel. Each finalist Showcase allows cities to highlight the to exclusive state regulation. and years of service recipient has been good things that Florida cities are do- Local governments may adopt ordi- notified. If you have not submitted your ing. The result benefits all Florida citi- nances regulating rental properties not ticket order form, please do so by No- zens,as municipal government officials subject to exclusive state regulation vember 7 to Gail Dennard or Laura and staff learn new ways to enhance under Ch. 509 (generally, those with Underhill at the League. Finalists will services, save taxpayers'dollars, pro- four or less units and single-family resi- receive two complimentary tickets.Ad- mote civic pride and volunteerism,and dences rented for more than 30 days). ditional tickets may be purchased for meet local needs. Importantly, under Ch. 509, all "public If you would like to be removed from the Datagram mailing list, please e-mail Laura Underhill at lunderhill@flcifies.com or fax her at(850) 222-3806. PAGE 1 of 3 All-America City Award Financial Corner The National Civic League is accept- Free FLC Financial Services Workshops ing applications for the 2006 All-America The League's Department of Financial Services will be holding two free City Award program. Applications are educational workshops this fall. due March 9,2006.Cities,towns,neigh- The Florida Municipal Pension Trust Fund (FMPTF)workshop will be held borhoods, counties and regions can November 30, 2005. League staff and other investment professionals will apply. The National Civic League will discuss how your city's FMPTF retirement plan is managed.You will also learn announce 30 finalists on April 14,2006. about current trends and issues that are impacting municipal retirement plans. All finalists advance to the 57th Annual The Florida Municipal Investment Trust(FM IvT)workshop will be held Decem- All-America City Awards competition in ber 1, 2005. Learn ways to put your local government's operating assets to Anaheim, Calif., June 9-12.A national work using the many FMIvT funds available to you. Hear how recent events panel of judges will score the 30 pre- affect the economy and your city's investment assets. sentations and select 10 winners based The League invites all current Trust members and other interested parties to on the quality of the collaborative attend. Meet our team of professionals and ask the questions you've always projects each community presents.For wanted answered. The workshops will be held at the Jupiter Beach Resort in more information or to receive an appli- Jupiter.Contact Penny Mitchell at pmitchell@flcities.com or 1-(800)616-1513, cation, contact Gary Chandler at the ext.241,for more information.Or,visit www.flcities.com/financial to register. National Civic League at(303)571-4343 or aleksh@ncl.org. lodging establishments"subject to state Room,6th Floor,on November 8,2005, Florida Mentoring regulation are required to be licensed, from 2:00 p.m.-4:00 p.m.Florida Hous- pay license fees and be regularly in- ing encourages elected officials and Partnership Award spected by the DBPR. If you believe a municipalities to participate in a dis- of Excellence "public lodging establishment" in your cussion regarding efforts to provide af- Applications for the 2005 Florida city is not meeting these requirements, fordable homeownership in Florida. Mentoring Awards are due Monday, you may want to contact the Division of Homeownership staff and Florida November 7.Awards are presented to Hotels and Restaurants within the Housing's new executive director,Steve mentors who have demonstrated ex- Florida DBPR at(850)487-1395.If your Auger,will be participating in the forum emplary service during July 1, 2004- city decides to regulate those rental and listening to your input. For more June 30, 2005. One mentor of excel- properties not preempted to state regu- information on the forum, teleconfer- Ience will be selected from each of the lation, Sec. 166.221, Fla. Stat., pro- encing information, to RSVP and for following categories: Corporate vides a local government has general directions, contact Elizabeth Loggins Mentoring,Faith-Based Mentoring,Mu- authority to levy reasonable business, at(850)488-4197 orelizabeth.Ioggins@ nicipal Mentoring, School-or Commu- professional and occupational reguta- floridahousing.org. nity-Based__Mentoring,-State Agency- -=-tory-fees.However;such•fees-inust be Mentoring,and School Volunteer Coor- commensurate with the cost of the regu- Florida Fire Chiefs dinator. Applications will be accepted latory ��__ activity,tii ty' and the regulatoryau- Association Online online atwww..flamentoring.org/awards thority is limited to regulation not pre- Lr_-== of excellence nfo.php.Each selecte-d empted by the state. If you have any Career Center - - of excellence wdCreceive a vacation cruise for questions or need additional informs- The Florida Fire Chiefs Association's two donated by Carnival Cruise Lines. " -� m " tion regarding this matter, please con- new Web-based career center allows Selected mentors also will be recog- tact Scott Dudley or Kraig Conn at the users to post jobs and search resumes, nized ata special mentoring event at League office by calling(850)222-9684. take skills quizzes, have communica- the Governor's Mansion in Tallahas- tion with job candidates and track ac- see.Please visit www.flamentoring.org Homeland Security/ tivity.For more information and to view for more information. Emergency the site, go to http://jobs.ffca.org. Management Survey ICMA Hosts Eminent Positions Open Professors Susan A.MacManus and An abbreviated version of position Kiki Caruson from the Department of Domain Webcast open ads sent to the League is listed Government and International Affairs at On November 15,2005,at 2:00 p.m. below.A full version of the ads is avail- the University of South Florida have EST,the International City/County Man- able at www_flcities.com/datagram. mailed Florida League of Cities mem- agement Association (ICMA)will host Those needing a faxed copy should bers a survey asking how cities finance a 90-minute Webcast called "Eminent contact Mandy Rogers at the League homeland security and emergency man- Domain: Implications from the Kelo v. office. All positions advertised in the agement. Please complete the survey City of New London Case."The Webcast Datagram must be division-head level and mail or fax it back to the professors will explore the major implications for or above. as soon as possible. Call Professor local governments of the Supreme Community Development Director MacManus at(813)949-0320 for more Court's decision, highlight how local -City of Cape Coral.(pop. 132, 379) information or if you have questions. governments have successfully used Salary:$73,340.80-$120,972.80. Clos- eminent domain in the past,and exam- ing date:November 5,2005. Florida Housinginewhatactions Congress and the state City Manager-City of Chiefland. legislatures are likely to take to curb (pop.2,107)Salary:$46,439-$70,243 Homeownership Forum local government powers. The cost of DOQ.Closing date:December 8,2005. Florida Housing Finance Corporation the Webcast is$95 per site. For more Finance Director - City of Fort is conducting a Homeownership Forum information and to register, visit www. Meade. (pop. 5,828) Salary: $50,000 in Florida Housing's Seltzer Conference Igears.org/html/traininglcmaindex.cfm DOQ.Open until filled. or call(877)865-4326. PAGE 2 of 3 _x „ Help My Account Home aOnline Office Forms Marketing Tech Help Realtor Store ; yts z.iNly State REALTOR t.,- -t,43...,-; FAR Business I Benefits I Education I Events I Legal I Legislative I Magazine I News Search the Site (g°> Powered by the Florida Association of Realtors Logout Planet Realtor > Florida > News > Daily Headlines -! d ,-,,,, ,x,-,,, ,,,--:„ Flagler Beach officials weigh short-term rentals vol. 10 Issue 30 Forms Basic b a n Find Florida Properties Housing Market Tech Helpline FLAGLER BEACH, Fla. -- Sept. 19, 2005 -- A proposal that could Indicators limit property rentals of less than six months is sparking controversy Online Legal Hotline in the city of Flagler Beach. Worried that city officials plan to ban Florida existing- Florida Realtor Magazine short-term rentals of homes and condominiums, many real estate home sales (August -- ---- Legislative Action Center professionals and owners of seasonal properties in the area are 2005):° ---- ----- stirring up opposition and preparing to protest the plan at a future + 4 /0 Realtor Store _ .._ city commission meeting. Message Boards National existing- But city leaders say that the proposal focuses on single-family home sales (August SinSUPPORT homes, not condos, and was prompted by residents' complaints that 2005): renters create problems in quiet residential neighborhoods. Officials + 2.0 % Site Map asked city staff to draft an ordinance barring short-term rentals, Newsletter Preferences which could be ready for the commission to review sometime in the National housing Help next two months. starts (July 2005): + 0.1 /o Terms of Service — — Despite officials' insistence that the ordinance only would apply to Privacy Policy single-family homes, property owners, investors and others say Florida consumer they oppose any ban on vacation rentals. Opponents of the confidence: -- _ _ ordinance_say__thatsuch restri.ctions_infr_inge-on-_the-rights of __ 7 _.---- - --property--owners and-also-impact-the city's econom -b -hurting,- roperty-values-and-redracingttie number-of places 1 1Ttourists National-consumer— couVd confidence: — 86.6 Since the city does not have a clear definition of what constitutes a "short-term rental,” according to Flagler Beach Planning Director U.S. new home Larry Torino, the ordinance would establish one using guidelines sales: from state statutes. The proposal defines a short-term renter as - 9.9 anyone who stays in a dwelling less than six months. Median price of an Several cities in Volusia County also have discussed short-term existing-home (Fla.) rental restrictions. For example, Daytona Beach currently is writing $246,500 a proposal that would collect fees from landlords of buildings with fewer than five units and require an occupational license, while Median price of an Ponce Inlet has adopted an ordinance that bars most condo owners existing-home (U.S.) from renting out their property more than once a month. e220,000 Source: The News Journal, Michael Reed, Sept. 19, 2005 Median price of a © 2005 FLORIDA ASSOCIATION OF REALTORS® new home (U.S.): $220,300 30-year fixed rate ‘ 0 -\� mortgage; b�� ,� �� 5.80 % �\ Pending home sales b�� index 125.1 Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Discussion Overview of 2005 Growth Management Legislation Item #10 No. AGENDA REPORT PLANNING&ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—2005 Growth Management Legislation DEPT./DIVISION: Building Department Requested Action: Discussion of changes to the Growth Management Legislation. Summary Explanation&Background: This_is_for-your.information.andlor_discussion There-were-several-changes-to-the-State's growth-managementlegislation-that-will-have-- Limpacts-orl=allzeity= d=cmuntyaove en It the tate:City Planner-Pddd-Pee-tt--wi11-provide—a-brief summary—of`the-Changes- ` - - —including-what-the City may be reviewing over the next several-years-and beyond. —__-- Exhibits Attached: 1) Memo from Robin Sobrino Director,Brevard County Planning and Zoning Planning Official's Office Department AOv,�4,�4 4.4"LL.�, B R EVA R D COUNTY INTER-OFFICE I �(k. ,�;iyY BOARD OF COUNT?COMMISSIONERS MEMORANDUM taq�o RECEIVED NOV 1 5 2005 TO: Board of County CommissionersD.SY, FROM: Robin M. Sobrino, AJCP Director, Planning & Zonin Office DATE: November 14, 2005 SUBJECT: Overview of SB 360 2005 Growth Management Legislation During the October 13, 2005 Board workshop, staff was directed to provide a preliminary review of Senate Bill 360, which enacted new growth management legislation. The following summarizes the scope and potential ramifications of this legislation. BACKGROUND On June 24, 2005 Governor Jeb Bush signed legislation that significantly modified growth management laws. The intent of the new legislation was to ensure that roads, schools, and water are available to meet the needs of Florida's communities. This approach is referred to"a pay asyou grow = plan-for Florida's future." The bill contained provisions affecting concurrency public-schools, transportation--facilities, and water supply. The bill also requires that the Cap'itai Improvements Element of-the Comprehensive Plan-be-financially feasible. The following discussion-more$pecificafly details impacts of the 2005 growth management initiative. KEY ISSUES School Concurrency Scope: • Every jurisdiction must adopt a Public Schools Facilities Element. • Public School Facilities Element must reflect an agreed upon level of service standard (LOS) to be implemented through inter-local agreements between the County, cities, and the School Board. • Establishes school concurrency, initially at the district wide level and, within five years, at less than the district wide level. • Waivers may be granted for jurisdictions with low student growth rates (Brevard County and its cities do not qualify for this waiver provision). ____ __ _ _____ _-- -_ _ ___ --...- ..... ..vr.v.. yr rr v• V(lr . V(Y+n.LAAL JVV,. UVV Board of County Commissioners November 14, 2005 Page 2 Infrastructure Requirements: • School facilities must be in place within three years following the approval of an application for a residential site plan or final subdivision. • Proportionate share mitigation option may be paid by developers. Proportionate share costs must be ascertained. Payment of proportionate share mitigation does not necessarily ensure the timely undertaking/completion of infrastructure improvements. . Implication of Non-compliance: • Local governments that fail to implement school concurrency will be prohibited from adopting comprehensive plan amendments that increase residential density. State Task Force Created: School Concurrency Task Force - 11 members - Recommendations due by December 1, 2005 Fundinq Allocation (Statewide): • Recurring (beginning in FY 05/06) $105 million - Classrooms for Kids $75 million - High Growth County District Capital Outlay $30 million • Non-Recurring (FY 05/06 only) $71.65 million - Classrooms for Kids $41.65 million - High Growth County District Capital Outlay $30 million Fiscal Impact: • The most immediate fiscal Impacts to Brevard County are the costs related to preparing and adopting the Public School Facilities Element and the School Concurrency Ordinance. • The School Board staff has suggested that it would be more expeditious and cost effective - _ - ,._ -tor-the-School Board, County and all local municipalities-to-contract these worlcefforts out to --a private consultant- Hillsborough_Countyand Indian Riyer Countya_are currently proceeding in this manner. • If a similar approach is undertaken, the fiscal impact to the County would be its share of the contact, the amount of which is unknown at this time. Effective Date:December 1, 2008. Transportation Concurrency Scope: Strengthens transportation concurrency requirements. Infrastructure Requirements: • Facilities required to serve new development must be in place within three years following approval of a building permit. Current law allows five years to provide infrastructure. • Proportionate share mitigation option may be paid by developers. Proportionate share contributions are limited to road segments that are specifically identified in the Capital Improvements Element (CIE) or County's long term concurrency management system, if in place. May also be used on road segments not listed in the CIE or long term concurrency system, if the road segment is added to the schedule of improvements in the next CIE update. • Florida Department of Transportation (FDOT) is tasked with developing a model transportation concurrency ordinance to guide this process, ..W v vvNAL w %IV ..," rr. Va a is all ...alai L. V(11tA r GL'.IiL WJ VV'1/VUV Board of County Commissioners November 14, 2005 Page 3 • In addition, the new legislation creates the Transportation Regional Improvement Program (TRIP) within the FOOT to provide funds for improving regionally significant transportation facilities. The TRIP program is designed to provide up to 50% matching funds for the cost of a project. Fiscal Impact: • Preparation of a proportionate share mitigation ordinance will have incidental fiscal impact. • Providing roadway capacity improvements within three years of approval of a building permit will have significant impact on the County's available fiscal resources for roadway improvements. Currently, approximately 27 miles of county-maintained roadways carry 90% or more of the maximum available volume (MAV). • When adequate fiscal resources are not available within the required time frame, the County may be required to withhold approval of new building permit applications. The Board may also want to examine the legal implications of withholding building permits with the County Attorney. • When adequate fiscal resources are not available for improvements to County roads in municipalities, the municipal government may be required to withhold approval of new building permit applications. New Programs: Creates the Transportation Regional Incentive Program (TRIP) to provide funds to improve regionally significant facilities in regional transportation areas. Funds awarded for projects under this program require a 50% local match. Funding Allocation (Statewide): • Recurring (beginning FY 05/06)$541.6 million - Strategic Intermodal System (SIS) $345.4 million - Small County Outreach Program (SCOP) $27.1 million Transportation Regional Incentive Program (TRIP) $115 million - "New Starts Transit" Program $54.1 million • Non Recurring (FY05/06 only) $600 million - Strategic Intermodal System (SIS) $200 million - Transportation Regional Incentive (TRIP) $275 million - County Incentive Grant Program (CIGP) $25 million - State Infrastructure Bank $100 million Effective Date: Local governments must adopt by ordinance a methodology for assessing proportionate fair-share mitigation options by December 1, 2006. - Potable Water Concurrency Scope; • Strengthens concurrency requirements for potable water. • Requires land use and water supply issues be linked. Infrastructure Requirements: • Adequate water supplies must be in place not later than issuance of a certificate of occupancy. • Brevard County must address this issue during its Evaluation and Appraisal Report (EAR) process (due to the State in August, 2006). Board of County Commissioners November 14, 2005 Page 4 • Requires coordination of local water supply plans with the St. Johns River Water Management District's (SJRWMD) regional water supply plans. • Since several of Brevard County's wastewater treatment facilities provide reuse water within an area delineated as a critical water supply area, the County is required to address the future provision of reuse water and its effect on potable water supplies. Fiscal Impact: • The County will be required to identify any expansion of facilities that increase the supply of reuse water. • It is unclear at this time whether DCA will require facility improvements to increase the supply of reuse water to lessen the demand for potable water. This issue will be addressed in the EAR and should be resolved within that process. Funding Allocation (Statewide): • Recurring (beginning FY 05/06) - Water Supply Projects $100 million • Non Recurring (FY05/06 only) $100 million - Water Supply Projects $100 million Effective Date: Potable Water Element must incorporate certain alternative water supply projects within 18 months after the update of the regional water supply plan, which was completed by the St. Johns River Water Management District in September 2005 (to be prepared by March 2007). Capital Improvements Element(CIE) Scope: • Capital Improvement Element (CIE) must include projects anticipated to be necessary to maintain adopted Level of Service standards based on the anticipated location and rate of --growth on which the Future Land Use Map is based. The CIE must encompass at least a-5-________ year time frame. • CIE must be demonstrated to be financially feasible, based upon professionally acceptable methodologies such as the Fiscal Impact Analysis Model (FIAM) developed by Fishkind & Associates. • CIE must be updated annually and reviewed by DCA to reflect planned capital projects and projected revenues to meet adopted LOS standards. • Expedited public hearing process established for CIE annual amendments (one public hearing) Implication of Non-Compliance: • If the CIE is not updated on an annual basis and submitted to the DCA for review, local governments will not be able to adopt any Future Land Use Map amendments. Fiscal Impact: • The additional requirements to update the CIE annually and to demonstrate financial feasibility will require impose a significant new workload on County staff. • Fiscal impacts of maintaining Level of Service standards for infrastructure must be considered. Effective Date: December 1, 2007 -�•1=IIM WJ VVV/VVV Board of County Commissioners November 14, 2005 Page 5 Other Regulatory Incentives • Adoption of a Community Vision and Urban Service Boundary in local Comprehensive Plan - Land use (map) amendments within the Urban Service Boundary area are not subject to state compliance review, except in Coastal High Hazard Areas (affected parties may challenge such amendments if they are inconsistent with adopted policies of the Comprehensive Plan.) • Exemption of small scale amendments involving construction of affordable housing meeting certain criteria from the 10 dwelling unit per acre density limitation. • Creation of a DRI exemption within designated "urban service boundary," within Urban Infill and Development Areas where the local government has entered into an agreement with DOT and adjacent jurisdictions and has adopted proportionate share methodology. Other Commissions and Studies • Century Commission for a Sustainable Florida - Standing body charged with developing a 25 and 50 year state vision - Composed of 15 members - Requires annual report to the Governor and Legislature starting January 16, 2007 - Directs Legislature to create a committee to review the Commission's annual findings, starting with the 2007 session - Requires DCA to provide staffing to the Commission. • Florida Impact Fee Review Task Force - Review and recommend use of impact fees as a method of financing local infrastructure - Composed of 15 members - Requires report to Governor and Legislature by February 1, 2006 - Directs Legislative Committee on Intergovernmental Relations to serve as staff • Regional Boundary Study--- - Recommends adjustments-to-boundaries of the regional planning councils, water management districts;and the DO-T-to be more coterminus - Report due January 15, 2006 SUMMARY The 2005 Growth Management Initiative made noteworthy changes to the State's growth management laws. This report provides only a brief overview of SB 360. These legislative initiatives will require modifications to Brevard County's Comprehensive Plan and the concurrency portion of the Land Development Regulations. Significant intergovernmental coordination efforts will also be needed to address the school concurrency mandate. Establishing a LOS standard for the County and municipalities will require a level of coordination not previously undertaken in Brevard County. In addition, adoption of a proportionate share mitigation process will be a new activity for the County. Finally, the CIE will be required to be updated annually, rather than being updated on an as-needed basis. The updating of the CIE, the water supply issue, and a portion of the transportation concurrency matter are topics that can be addressed in the EAR, which is due by August 1, 2006. cc: Peggy Busacca Ed Washburn Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Discussion Code of Conduct Item #11 No. AGENDA REPORT PLANNING& ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—Code of Conduct DEPT./DIVISION: Building Department Requested Action: Discussion on the code of conduct resolution 2005-38. Summary Explanation&Background: The City Council has approved a code of conduct by resolution. Exhibits Attached: 1) Resolution 2005-38 Planning Official's Office Department RESOLUTION NO. 2005-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY CODE ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY BOARD MEMBERS AS SPECIFICALLY SET FORTH HEREUNDER; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the performance of duties and responsibilities of an elected City Council Member and appointed City Board Members and the manner in which such duties are performed have a direct impact on(a)the quality of services afforded to the citizens of Cape Canaveral;(b)the morale and job performance of City council members, employees, contractors, board members, others involved in the different facets of City government; and (c) the City's accountability to the citizens of Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral desires to adopt a Code of Conduct for its members and appointed board members for purposes of enhancing professionalism, performance,productivity,morale,accountability,and integrity of all facets of City government;and WHEREAS,the City Council finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW,THEREFORE,be it resolved by the City Council of the City of Cape Canaveral, Florida, as follows: Section 1. Code of Conduct.The following Code of Conduct is hereby adopted for the City Council and City Boards and the members thereof as a public statement of expected conduct and ethics, and that members of the Council and members of appointed boards shall evidence their pledge to uphold the following code tenets by affixing their signatures to this Resolution as set forth in Section 3 herein: a. I affirm that the proper statutory and City Charter role of a City Council Member and of members of appointed City boards, as with any elected member of a legislative body or appointed government body,is to act collectively,not individually,to set and/or revise and/or to apply the City of Cape Canaveral's governing policies and that the City Manager and staff administer such policies. b. I understand that a City Council Member or an appointed board member does not City of Cape Canaveral Resolution No. 2005-38 Page 1 of 4 manage the affairs of the City (a)by intruding into daily operations or spheres of responsibility designated by Florida Statutes,City Code, and the City Charter to the City Manager as the chief executive officer; or (b) by undermining the City Manager's lawful authority. c. I will represent the interests of the entire City when making decisions and will rely upon available facts and my independent judgment. In my capacity as an elected City Council Member or an appointed board member, I will avoid all legal conflicts of interest and avoid using my official position for personal, professional or partisan gain. d. I will demonstrate dignity,respect,and courtesy toward those with whom I am in contact in my capacity as a City Council member or appointed board member. I will refrain from intimidation and ridicule of fellow Council Members or appointed board members,City Manager,City Attorney,staff, and other stake-holders in the City of Cape Canaveral. e. In my capacity as an elected City Council member or appointed board member,I will refrain from inappropriate language including statements that are malicious, threatening, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected or appointed official and the honor of the City Council or my respective appointed City board. f. -I will focus on solving problems. I will maintain appropriate-decorum and professional demeanor in the conduct of City business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision-making process. g. I will demonstrate patience and refrain from demanding interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of more urgent duties. Such requests will be made through the City Manager for scheduling and prioritizing or through consensus of the City Council or my respective appointed City board. h. I will devote sufficient time for adequate preparation prior to City Council meetings or my respective City board meeting and be in attendance, insofar as possible, at those meetings and all other scheduled events at my participation is required. I will prepare myself through study, inquiry and thought so as to be informed thoroughly about issues to be discussed in public meetings. City of Cape Canaveral Resolution No. 2005-38 Page 2 of 4 I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council or board members, City Attorney,staff,citizens of Cape Canaveral, and utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. j. I will refrain from any individual action that could compromise the integrity of the City or my fellow City Council or board members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or I am acting or speaking in my capacity as a representative of the City. k. I will maintain confidentiality of privileged information and will abide by the Government in the Sunshine Law,the Florida Code of Ethics for Public Officers, and applicable City Rules of Procedure in both its spirit and its intent. 1. I will promote constructive relations in a positive climate with all City employees, consistent with my role as a Council member or appointed board member,as a means to enhancement of productivity and morale. I will support employment of best qualified persons for staff positions. I will recognize the achievements of staff, business partners,and others sharing the City of Cape Canaveral's mission. m. I will update and improve my knowledge,contributions, and value to the City by keeping abreast of current educational issues and trends through reading, continuing education and training. I will study policies and issues affecting the City of Cape Canaveral, and attend training programs if required by the City. My continuing goal will be toimprove my performanc-_e as an elected City Council__ Member or appointed City board member. n. I will value and assist my fellow City Council Members or appointed City board members by exchanging ideas,concerns and knowledge gleaned from my research or training. I will help build positive community support for the City of Cape Canaveral's mission and the policies established by the City Council. o. I will take a stand for my beliefs but will remain flexible enough to understand others'views. I recognize that I share in the responsibility for all City decisions that my respective board makes and will accept the will of the majority. p. I will remember always that my first and greatest concern must be the citizens of Cape Canaveral and the public health,safety,and welfare. I will seek to provide appropriate leadership that nurtures and motivates the citizens of Cape Canaveral to be stakeholders in the affairs and achievements of the City. City of Cape Canaveral Resolution No. 2005-38 Page 3 of 4 a. I will be accountable to the City Council for violations of the Code of Conduct set forth in this Resolution. Section 2. Enforcement. For any violation of this Resolution, the City Council may seek remedies and take appropriate actions, as prescribed in the City Charter and the City Code. Section 3. Execution by Council and Appointed Board Members . The current members of the City Council and appointed City boards shall pledge to uphold the code tenets set forth herein by affixing their signatures to this Resolution. Council and board members appointed or elected subsequent to the effective date of this Resolution shall be required to affix their signature to this Resolution or an addendum hereto upon taking the Oath of a City Council Member or upon appointment to a City board. Section 4. Severability. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction,such holding shall not affect any other word, clause, sentence or paragraph hereof. Section 5. Repealing Clause. All Resolutions or other actions of the City which are in conflict herewith are hereby repealed to the extent of such conflict or inconsistency. Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption. DONE AND ADOPTED in regular session of the City Council of the City of Cape Canaveral, Florida this 1st day of November,2005. CITY OF CAPE CANAVERAL C414Claa-P4-Q.S2a. Rocky Randels,Mayr Attest: For Against Burt Bruns Second Bob Hoog X Jim Morgan X SUS- .STILLS,City Clerk Buzz Petsos Motion ; • -�� Rocky Randels X Approv-. suffiill ciency legal form and for t,• of Cape Canaveral,Florida Only AO 10 Anthony A. Garganese,City Attorney City of Cape Canaveral Resolution No. 2005-38 Page 4 of 4 Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Discussion Code of Conduct Item ##11 No. AGENDA REPORT PLANNING& ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—Code of Conduct DEPT./DIVISION: Building Department Requested Action: Discussion on the code of conduct resolution 2005-38. Summary Explanation&Background: The City Council has approved a code of conduct by resolution. Exhibits Attached: 1) Resolution 2005-38 Planning Official's Office Department RESOLUTION NO. 2005-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY CODE ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY BOARD MEMBERS AS SPECIFICALLY SET FORTH HEREUNDER; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the performance of duties and responsibilities of an elected City Council Member and appointed City Board Members and the manner in which such duties are performed have a direct impact on(a)the quality of services afforded to the citizens of Cape Canaveral;(b)the morale and job performance of City council members, employees, contractors, board members, others involved in the different facets of City government; and(c) the City's accountability to the citizens of Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral desires to adopt a Code of Conduct for its members and appointed board members for purposes of enhancing professionalism, performance,productivity,morale,accountability,and integrity of all facets of City government;and WHEREAS,the City Council finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW,THEREFORE,be it resolved by the City Council of the City of Cape Canaveral, Florida, as follows: Section 1. Code of Conduct.The following Code of Conduct is hereby adopted for the City Council and City Boards and the members thereof as a public statement of expected conduct and ethics,and that members of the Council and members of appointed boards shall evidence their pledge to uphold the following code tenets by affixing their signatures to this Resolution as set forth in Section 3 herein: a. I affirm that the proper statutory and City Charter role of a City Council Member and of members of appointed City boards, as with any elected member of a legislative body or appointed government body,is to act collectively,not individually,to set and/or revise and/or to apply the City of Cape Canaveral's governing policies and that the City Manager and staff administer such policies. b. I understand that a City Council Member or an appointed board member does not City of Cape Canaveral Resolution No. 2005-38 Page 1 of 4 manage the affairs of the City (a)by intruding into daily operations or spheres of responsibility designated by Florida Statutes,City Code, and the City Charter to the City Manager as the chief executive officer; or (b) by undermining the City Manager's lawful authority. c. I will represent the interests of the entire City when making decisions and will rely upon available facts and my independent judgment. In my capacity as an elected City Council Member or an appointed board member, I will avoid all legal conflicts of interest and avoid using my official position for personal, professional or partisan gain. d. I will demonstrate dignity,respect,and courtesy toward those with whom I am in contact in my capacity as a City Council member or appointed board member. I will refrain from intimidation and ridicule of fellow Council Members or appointed board members,City Manager, City Attorney,staff, and other stake-holders in the City of Cape Canaveral. e. In my capacity as an elected City Council member or appointed board member,I will refrain from inappropriate language including statements that are malicious, threatening, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected or appointed official and the honor of the City Council or my respective appointed City board. f. I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of City business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision-making process. g. I will demonstrate patience and refrain from demanding interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of more urgent duties. Such requests will be made through the City Manager for scheduling and prioritizing or through consensus of the City Council or my respective appointed City board. h. I will devote sufficient time for adequate preparation prior to City Council meetings or my respective City board meeting and be in attendance, insofar as possible, at those meetings and all other scheduled events at my participation is required. I will prepare myself through study, inquiry and thought so as to be informed thoroughly about issues to be discussed in public meetings. City of Cape Canaveral Resolution No. 2005-38 Page 2 of 4 I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council or board members,City Attorney,staff,citizens of Cape Canaveral, and utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. j. I will refrain from any individual action that could compromise the integrity of the City or my fellow City Council or board members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or I am acting or speaking in my capacity as a representative of the City. k. I will maintain confidentiality of privileged information and will abide by the Government in the Sunshine Law,the Florida Code of Ethics for Public Officers, and applicable City Rules of Procedure in both its spirit and its intent. 1. I will promote constructive relations in a positive climate with all City employees, consistent with my role as a Council member or appointed board member,as a means to enhancement of productivity and morale. I will support employment of best qualified persons for staff positions. I will recognize the achievements of staff, business partners,and others sharing the City of Cape Canaveral's mission. m. I will update and improve my knowledge,contributions, and value to the City by keeping abreast of current educational issues and trends through reading, continuing education and training. I will study policies and issues affecting the City of Cape Canaveral, and attend training programs if required by the City. My continuing goal will be to improve my performance as an elected City Council Member or appointed City board member. n. I will value and assist my fellow City Council Members or appointed City board members by exchanging ideas,concerns and knowledge gleaned from my research or training. I will help build positive community support for the City of Cape Canaveral's mission and the policies established by the City Council. o. I will take a stand for my beliefs but will remain flexible enough to understand others'views. I recognize that I share in the responsibility for all City decisions that my respective board makes and will accept the will of the majority. p. I will remember always that my first and greatest concern must be the citizens of Cape Canaveral and the public health,safety,and welfare. I will seek to provide appropriate leadership that nurtures and motivates the citizens of Cape Canaveral to be stakeholders in the affairs and achievements of the City. City of Cape Canaveral Resolution No. 2005-38 Page 3 of 4 I will be accountable to the City Council for violations of the Code of Conduct set forth in this Resolution. Section 2. Enforcement. For any violation of this Resolution, the City Council may seek remedies and take appropriate actions, as prescribed in the City Charter and the City Code. Section 3. Execution by Council and Appointed Board Members . The current members of the City Council and appointed City boards shall pledge to uphold the code tenets set forth herein by affixing their signatures to this Resolution. Council and board members appointed or elected subsequent to the effective date of this Resolution shall be required to affix their signature to this Resolution or an addendum hereto upon taking the Oath of a City Council Member or upon appointment to a City board. Section 4. Severability. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction,such holding shall not affect any other word, clause, sentence or paragraph hereof. Section 5. Repealing Clause. All Resolutions or other actions of the City which are in conflict herewith are hereby repealed to the extent of such conflict or inconsistency. Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption. DONE AND ADOPTED in regular session of the City Council of the City of Cape Canaveral, Florida this 1st day of November, 2005. CITY OF CAPE CANAVERAL (:?-111%.a.A4cLec Rocky Randels, May\ Attest: For Against Burt Bruns Second i Bob Hoog X .• 1 �__ Jim Morgan X SUS• STILLS,City Clerk Buzz Petsos Motion Rocky Randels X Approv'. . 'to legal form and sufficiency for t►- i of Cape Canaveral, Florida Only Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2005-38 Page 4 of 4 Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Discussion Short-term Rentals Item #9 No. AGENDA REPORT PLANNING& ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—Short-term Rentals DEPT./DIVISION: Building Department Requested Action: Discussion of what has been occurring in Brevard County and elsewhere with short-term rentals. Summary Explanation&Background: This is for your information and for additional discussion. Exhibits Attached: 1) Email correspondence from the County Manager 2) Datagram from the Florida League of Cities 3) A recent Flagler Beach article Planning Official's Office Department Susan Chapman From: Todd Morley [morley-cape@cfl.rr.com] Sent: Monday, November 21, 2005 1:18 PM Membess To: City Hall Chapman, Susan Subject: FW: 10_31_05grm.pdf Susan, FYI Please forward this information for the next discussion of short term rentals to the P&Z Board members in the next agenda packet. -Todd Original Message From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Saturday, November 19, 2005 2:24 PM To: Bob Hoog; Buzz Petsos; Jim Morgan; Leo Nicholas; Rocky Randels Cc: 'Todd Morley' ; 'Todd Peetz' Subject: FW: 10_31_05grm.pdf `'i See the note below on short term rentals from the County Manager, ] The County is being sued, Bennett Boucher City Manager City of Cape Canaveral, Fl. Phone 321.868.1230 Fax 321.868.1224 a e-mail boucher-cape@cfl.rr.com www.myflorida.com/cape Original Message From: Peggy Busacca [mailto:peggy.busacca@brevardcounty.us] Sent: Friday, November 18, 2005 11:40 AM To: boucher-cape@cfl.rr.com Subject: RE: 10_31_05grm.pdf Bennett, Thank you. I believe that the County's ordinance is being challenged by at least one owner, so the City may want to wait until there is some progress on that lawsuit before moving forward. Scott Knox will know more about the specifics of the lawsuit, if you are interested. Peggy Original Message From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Friday, November 18, 2005 10:45 AM To: Ron Pritchard@D2@GCC; Peggy Busacca@BCC@Viera Subject: 10_31_05grm.pdf • Hey Ron & Peggy, • The attached Florida league of Cities Datagram, outlines some of the issues with local rental property ordinances. 1 We are still working on our ordinance and according to this article, single family residences that rent for less than 30 days are subject to exclusive state regulation, we can only regulate single family residences that rent for more than 30 days. Just an FYI, Bennett 2 'iPLEASE COPY AND DISTRIBUTE TO ALL APPLICABLE PERSONS: iffmtim;n' ts�iiIMIIMM Mayor All Council members Managers Clerk Attorney Finance Director mg, Florida League of Cities, Inc. P.O.Box 1757.Tallahassee,FL 32302-1757.(850)222-9684.Suncom 278-5331 .www.flcities.com DATAGRAM October 31,2005 • Vol.33, No.2 Noted Political Analyst $75 each,which includes the reception Information is available in the Sep- t0 Headline League's and banquet.Hotel reservations will be tember/October 2005 issue of Quality available at $114, plus 11.5 percent Cities and on the League Web site at Legislative Conference occupancy and 6.5 percent sales tax. www.flcities.com/membership/inno The Florida League of Cities Legisla- The Hyatt must receive hotel accom- vations.asp.Please call Mandy Rogers tive Conference will be held November modations by November 7. The ticket at the League or e-mail mrogers@ 17-18,2005,at the Hyatt Orlando Inter- order form and hotel information have flcities.cofn with any questions. national Airport Hotel. Conference an- been posted on our Web site, www. nouncements have been mailed to flcities.com under"News&Hot Links," Rental League members and are available or call Gail or Laura at the League at 1- online at www.flcities.com,under"News (800)342-8112. Property Ordinances &Hot Links."The hotel reservation dead- Representatives of the League were line is November 7.We are pleased to Florida City asked to meet with representatives of announce that Dr.Susan A.MacManus, Florida's apartments and realtors asso- distinguished university professor and Government Week ciations,the Florida Department of Busi- nationally renowned political expert,will During the week of October 16-22, ness and Professional Regulation speak at the legislative luncheon dur- Florida City Government Week celebra- (DBPR)and legislative committee staff ing the Legislative Conference. Dr. tions took place throughout the state. to discuss local government regulation MacManus has appeared on ABC,NBC, Many Florida cities organized activities of rental properties. Current law, Sec. CBS,CNN and MSNBC,and in various including mock commission meetings, 509.032(7), Fla.Stat., preempts to the print and broadcast media throughout city heritage day festivals and essay DBPR regulation of"public lodging es- the world.She has also won accolades contests highlighting the importance of tablishments,"which are generally de- following her riveting commentary relat- city government. fined as apartments of more than four ing to the 2000 election season, and The League wants to know how your units or single-family dwellings rented has been identified as the most-quoted city was involved in Florida City Gov- for a period of up to one month. (Ch. political scientist in Florida during last ernment Week.Please submit any pho- 509, Fla.Stat., should be reviewed for year's elections. Come hear her fore- tos, surveys or summaries outlining precise definitions.)The impetus for this cast for the upcoming legislative and your city's participation to Estella Gray meeting was concern by apartment election scene in Florida. Don't miss at egray@flcities.com by December 1. managers and realtors around the state out! Excerpts from your submissions will be that some local governments were con- featured in an upcoming Quality Cities sidering or had already adopted ordi- Florida Cities magazine article. Please contact nances creating licensing and inspec- of Excellence Estella Gray at(850)222-9684 for more tion programs for rental units meeting information. the definition of"public lodging estab- Awards Banquet lishment," and thereby being subject Ticket Information City Innovations exclusively to state regulation under Deadline -November 7 Showcase Call for Entries Ch.509, Fla. Stat. Local governments The Florida Cities of Excellence The next edition of the League's City are only authorized to conduct Florida Awards Banquet will be held Friday, Innovations Showcase will be published Building Code and Florida Fire Code November 18,at the Hyatt Orlando In- in early 2006. The City Innovations incompliance inspections are pee 1pted ternational Airport Hotel. Each finalist Showcase allows cities to highlight the tog establishmentssthat preempted and years of service recipient has been good things that Florida cities are do- exclusive state governments may a notified. If you have not submitted your ing. The result benefits all Florida citi- nanLocal may adopt not ticket order form, please do so by No- zens,as municipal government officials subjectce s regulatingtoexclusive rental properties not vember 7 to Gail Dennard or Laura and staff learn new ways to enhance rCh. e9l(generally, ge a state those regulation Underhill at the League. Finalists will services, save taxpayers'dollars, pro- under 509 (gen single with receive two complimentary tickets.Ad- mote civic pride and volunteerism,and four esor es units and single-family 30 d ys). ditional tickets may be purchased for meet local needs. deuces rented for more than days). Importantly, under Ch. 509, all "public IIf you would like to be removed from the Datagram mailing list, please e-mail Laura Underhill at lunderhill@flcities.com or fax her at (850) 222-3806. I PAGE 1 of 3 Financial Corner All-America City Award The National Civic League is accept- Free FLC Financial Services Workshops ing applications for the 2006 All-America The League's Department of Financial Services will be holding two free City Award program. Applications are educational workshops this fall, due March 9,2006.Cities,towns,neigh- The Florida Municipal Pension Trust Fund (FMPTF)workshop will be held borhoods, counties and regions can November 30, 2005. League staff and other investment professionals will apply. The National Civic League will discuss how your city's FMPTF retirement plan is managed.You will also learn announce 30 finalists on April 14,2006. about current trends and issues that are impacting municipal retirement plans. All finalists advance to the 57th Annual The Florida Municipal Investment Trust(FMIvT)workshop will be held Decem- All-America City Awards competition in ber 1, 2005. Learn ways to put your local government's operating assets to Anaheim, Calif.,June 9-12.A national work using the many FMIvT funds available to you. Hear how recent events panel of judges will score the 30 pre- affect the economy and your city's investment assets. sentations and select 10 winners based The League invites all current Trust members and other interested parties to on the quality of the collaborative attend. Meet our team of professionals and ask the questions you've always projects each community presents.For wanted answered. The workshops will be held at the Jupiter Beach Resort in more information or to receive an appli- Jupiter.Contact Penny Mitchell at pmitchel/@flcities.comor 1-(800)616-1513, cation, contact Gary Chandler at the ext.241,for more information.Or,visit www.flcities.com/financial to register. National Civic League at(303)571-4343 or aleksh@ncl.org. lodging establishments"subject to state Room,6th Floor,on November 8,2005, regulation are required to be licensed, from 2:00 p.m.-4:00 p.m.Florida Hous- FlOrlda Mentoring pay license fees and be regularly in- ing encourages elected officials and Partnership Award spected by the DBPR. If you believe a municipalities to participate in a dis- of Excellence "public lodging establishment" in your cussion regarding efforts to provide af- Applications for the 2005 Florida city is not meeting these requirements, fordable homeownership in Florida. Mentoring g Awards rds the due nda , you may want to contact the Division of Homeownership staff and Florida November 7.Awards are prMonday, to Hotels and Restaurants within the Housing's new executive director,Steve mentors who have dare demonstrated ex- Florida DBPR at(850)487-1395.If your Auger,will be participating in the forum emplmentors 1city decides to regulate those rental and listening to your input. For more June 30,ry 2005.5duringeJulyo 1, excel- properties — not preempted to state regu- information on the forum, teleconfer- June eselectedOne momor of te lation, Sec. 166.221, Fla. Stat., pro- encing information, to RSVP and for ffolio wnl be eori from eorporthe vides a local government has general directions, contact Elizabeth Loggins llowinaategorids: Corporate Mu- authority to levy reasonable business, at(850)488-4197 orelizabeth.loggins@ Mentoring,cipal Mentoring,otn-Based Mentoring,professional and occupational regula- floridahousin o nicipal School-or Agency tory fees.However,such fees must be g nity-Based Mentoring, State Agency commensurate with the cost of the regu- Florida Fire Chiefs Mentoring,and School Volunteer Coor- latory activity, and the regulatory wdinator. Applications will be accepted au- Association Online online at wwflamentoring.org/awards thority is limited to regulation not pre- empted by the state. If you have any Career Center of excellence info.php.Each selected questions or need additional informs- mentor will receive a vacation cruise for tionti regardingthis matter, please con- The Florida Fire Chiefs Association's two donated by Carnival Cruise Lines. new Web-based career center allows Selected mentors also will be recog- tact Scott Dudley or Kraig Conn at the users to post jobs and search resumes, nized at a special mentoring event at League office by calling(850)222-9684, take skills quizzes, have communica- the Governor's Mansion in Tallahas- tion with job candidates and track ac- see.Please visit www.flamentoring.org Homeland Security/ tivity.For more information and to view for more information. Emergency the site, go to http://jobs.ffca.org. Management SurveyPositions Open Professors Susan A.MacManus and ICMA Hosts Eminent An abbreviated version of position Kiki Caruson from the Department of Domain Webcast open ads sent to the League is listed Government and International Affairs at On November 15,2005,at 2:00 p.m. below.A full version of the ads is avail- the University of South Florida have EST,the International City/County Man- able at www.flcities.com/datagram. mailed Florida League of Cities mem- agement Association (ICMA)will host Those needing a faxed copy should bers a survey asking how cities finance a 90-minute Webcast called "Eminent contact Mandy Rogers at the League homeland security and emergency man- Domain: Implications from the Kelo v. office. All positions advertised in the agement. Please complete the survey City of New London Case."The Webcast Datagram must be division-head level and mail or fax it back to the professors will explore the major implications for or above. as soon as possible. Call Professor local governments of the Supreme Community Development Director MacManus at(813)949-0320 for more Court's decision, highlight how local —City of Cape Coral.(pop. 132, 379) information or if you have questions. governments have successfully used Salary:$73,340.80-$120,972.80. Clos- eminent domain in the past,and exam- ing date:November 5,2005. Florida Housing ine what actions Congress and the state City Manager—City of Chiefland. HomeownershipForum legislatures are likely to take to curb (pop.2,107)Salary:$46,439-$70,243 local government powers. The cost of DOQ.Closing date:December8,2005. Florida Housing Finance Corporation the Webcast is$95 per site. For more Finance Director — City of Fort is conducting a Homeownership Forum information and to register, visit www. Meade. (pop. 5,828) Salary: $50,000 in Florida Housing's Seltzer Conference /gean.org/html/training/icmaindex.cfm DOQ.Open until filled. or call(877)865-4326. PAGE 2 of 3 Help My Account Nome Online Office Forms Marketing Tech Help Realtor Store infoXchange i My State REALTOR L — FAR Business I Benefits I Education I Events I Legal ( Legislative ( Magazine I News Search the Site (9°) Powered by the Florida Association of Realtors Logout Planet Realtor > Florida > News > Daily Headlines REALTOR RESOURCES Flagler Beach officials weigh short-term rentals vol.io,Issue 30 Forms Basic ban Find Florida Properties Housing Market Tech Helpline FLAGLER BEACH, Fla. -- Sept. 19, 2005 -- A proposal that could Indicators limit property rentals of less than six months is sparking controversy Online Legal Hotline in the city of Flagler Beach. Worried that city officials plan to ban Florida existing- Florida Realtor Magazine short-term rentals of homes and condominiums, many real estate home sales (August Legislative Action Center professionals and owners of seasonal properties in the area are 2005): stirring up opposition and preparing to protest the plan at a future + 4 % Realtor Store city commission meeting. Message Boards National existing- But city leaders say that the proposal focuses on single-family home sales (August °' homes, not condos, and was prompted by residents' complaints that 2005): "' ' renters create problems in quiet residential neighborhoods. Officials + 2.0 9/0 Site Map asked city staff to draft an ordinance barring short-term rentals, Newsletter Preferences which could be ready for the commission to review sometime in the National housing Help next two months. starts (July 2005): Termsrmsof Service + 0.1 ��Policy Despite officials' insistence that the ordinance only would apply to single-family homes, property owners, investors and others say Florida consumer they oppose any ban on vacation rentals. Opponents of the confidence: ordinance say that such restrictions infringe on the rights of 78 property owners and also impact the city's economy by hurting property values and reducing the number of places that tourists National consumer could stay. confidence: 86.6 Since the city does not have a clear definition of what constitutes a "short-term rental," according to Flagler Beach Planning Director U.S. new home Larry Torino, the ordinance would establish one using guidelines sales: from state statutes. The proposal defines a short-term renter as - 9.9 % anyone who stays in a dwelling less than six months. Several cities in Volusia County also have discussed short-term Median price ofan rental restrictions. For example, Daytona Beach currently is writing existing-home (FlH a.) a proposal that would collect fees from landlords of buildings with $246,500 fewer than five units and require an occupational license, while Ponce Inlet has adopted an ordinance that bars most condo owners Median price of an from renting out their property more than once a month. existing-home (U.S.) $220,000 Source: The News Journal, Michael Reed, Sept. 19, 2005 Median price of a © 2005 FLORIDA ASSOCIATION OF REALTORS® new-home (U.S.): $220300 30-year fixed rate mortgage: r i� O�j580 %\ I\ ‘06, Ck\ Pending home sales index 125.1 Meeting Type: Planning&Zoning Meeting Date: 11/30/05 AGENDA Heading Discussion Overview of 2005 Growth Management Legislation Item #10 No. AGENDA REPORT PLANNING&ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion—2005 Growth Management Legislation DEPT./DIVISION: Building Department Requested Action: Discussion of changes to the Growth Management Legislation. Summary Explanation&Background: This is for your information and for discussion. There were several changes to the State's growth management legislation that will have impacts on all city and county governments in the state. City Planner Todd Peetz will provide a brief summary of the changes, including what the City may be reviewing over the next several years and beyond. Exhibits Attached: 1) Memo from Robin Sobrino Director,Brevard County Planning and Zoning Planning Official's Office Department ........., • V... �,a v.>..� �,>...� a.a\AL Wyvvi/vvv OApvggO a ; r=7,3c ° BREVARD COUNTY INTEROFFICE ����d�,ul�r C 4 2MEMORANDUM lie BOARD OF COUNTY COMMISSIONERS bA1�r RECEIVED NOV 15 2005 TO: Board of County Commissioners OY: FROM: Robin M. Sobrino, AICP Director, Planning 8 Zonin Office DATE: November 14, 2005 SUBJECT: Overview of SB 360 2005 Growth Management Legislation During the October 13, 2005 Board workshop, staff was directed to provide a preliminary review of Senate Bill 360, which enacted new growth management legislation. The following summarizes the scope and potential ramifications of this legislation. BACKGROUND On June 24, 2005 Governor Jeb Bush signed legislation that significantly modified growth management laws. The intent of the new legislation was to ensure that roads, schools, and water are available to meet the needs of Florida's communities. This approach is referred to"a pay as you grow plan for Florida's future." The bill contained provisions affecting concurrency, public schools, transportation facilities, and water supply. The bill also requires that the Capital Improvements Element of the Comprehensive Plan be financially feasible. The following discussion more specifically details impacts of the 2005 growth management initiative. KEY ISSUES School Concurrency Scope: • Every jurisdiction must adopt a Public Schools Facilities Element. • Public School Facilities Element must reflect an agreed upon level of service standard (LOS) to be implemented through inter-local agreements between the County, cities, and the School Board. • Establishes school concurrency, initially at the district wide level and, within five years, at less than the district wide level. • Waivers may be granted for jurisdictions with low student growth rates (Brevard County and its cities do not qualify for this waiver provision). ++/ 11 i ..VVV anv ac.yr ran Vii sUQ %VCV 1.110t-7 \.t 11 yr Vtf t"G VH:vtl vtd(AL LeJtit/Oil/VC) Board of County Commissioners November 14, 2005 Page 2 Infrastructure Requirements: • School facilities must be in place within three years following the approval of an application for a residential site plan or final subdivision. • Proportionate share mitigation option may be paid by developers. Proportionate share costs must be ascertained, Payment of proportionate share mitigation does not necessarily ensure the timely undertaking/completion of infrastructure improvements. Implication of Non-compliance: • Local governments that fail to implement school concurrency will be prohibited from adopting comprehensive plan amendments that increase residential density. State Task Force Created: School Concurrency Task Force - 11 members - Recommendations due by December 1, 2005 Funding Allocation (Statewide): • Recurring (beginning in FY 05/06) $105 million - Classrooms for Kids $75 million - High Growth County District Capital Outlay $30 million • Non-Recurring (FY 05/06 only) $71.65 million - Classrooms for Kids $41.65 million - High Growth County District Capital Outlay$30 million Fiscal Impact: • The most immediate fiscal impacts to Brevard County are the costs related to preparing and adopting the Public School Facilities Element and the School Concurrency Ordinance. • The School Board staff has suggested that it would be more expeditious and cost effective for the School Board, County and all local municipalities to contract these work efforts out to a private consultant. Hillsborough County and Indian River County are currently proceeding in this manner. • If a similar approach is undertaken, the fiscal impact to the County would be its share of the contact, the amount of which is unknown at this time. Effective Date:December 1, 2008. Transportation Concurrency Scope: Strengthens transportation concurrency requirements. Infrastructure Requirements: • Facilities required to serve new development must be in place within three years following approval of a building permit. Current law allows five years to provide infrastructure. • Proportionate share mitigation option may be paid by developers. Proportionate share contributions are limited to road segments that are specifically identified in the Capital Improvements Element (CIE) or County's long term concurrency management system, if in place. May also be used on road segments not listed in the CIE or long term concurrency system, if the road segment is added to the schedule of improvements in the next CIE update. • Florida Department of Transportation (FDOT) is tasked with developing a model transportation concurrency ordinance to guide this process, 41111 •�• �•• -��� ...� ��...� ,n> v�.a evv vvw u *-i! Vvo,q ..vLVO -.» 4111 Ur l'n:vn YLtttL l2IUU4/VU0 Board of County Commissioners November 14, 2005 Page 3 • In addition, the new legislation creates the Transportation Regional Improvement Program (TRIP) within the FDOT to provide funds for improving regionally significant transportation facilities. The TRIP program is designed to provide up to 50% matching funds for the cost of a project. Fiscal Impact: • Preparation of a proportionate share mitigation ordinance will have incidental fiscal impact. • Providing roadway capacity improvements within three years of approval of a building permit will have significant impact on the County's available fiscal resources for roadway improvements. Currently, approximately 27 miles of county-maintained roadways carry 90% or more of the maximum available volume(MAV). • When adequate fiscal resources are not available within the required time frame, the County may be required to withhold approval of new building permit applications. The Board may also want to examine the legal implications of withholding building permits with the County Attorney. • When adequate fiscal resources are not available for improvements to County roads in municipalities, the municipal government may be required to withhold approval of new building permit applications. New Programs: Creates the Transportation Regional Incentive Program (TRIP) to provide funds to improve regionally significant facilities in regional transportation areas. Funds awarded for projects under this program require a 50% local match. Funding Allocation (Statewide): • Recurring (beginning FY 05/06) $541.6 million - Strategic Intermodal System (SIS) $345.4 million - Small County Outreach Program (SCOP) $27.1 million - Transportation Regional Incentive Program (TRIP) $115 million - "New Starts Transit' Program $54.1 million • Non Recurring (FY05/06 only) $600 million - Strategic Intermodal System (SIS) $200 million - Transportation Regional Incentive (TRIP) $275 million - County Incentive Grant Program (CIGP) $25 million - State Infrastructure Bank $100 million Effective Date: Local governments must adopt by ordinance a methodology for assessing proportionate fair-share mitigation options by December 1, 2006. Potable Water Concurrency Scope: • Strengthens concurrency requirements for potable water. • Requires land use and water supply issues be linked. Infrastructure Requirements: • Adequate water supplies must be in place not later than issuance of a certificate of occupancy. • Brevard County must address this issue during its Evaluation and Appraisal Report (EAR) process (due to the State in August, 2006). r rvvv aur vv rV a/a va-v vvuu.+ va to yr 'Sflr +.n.+n rc+nna. `r9 vvv/ vvv Board of County Commissioners November 14, 2005 Page 4 • Requires coordination of local water supply plans with the St. Johns River Water Management District's (SJRWMD) regional water supply plans. • Since several of Brevard County's wastewater treatment facilities provide reuse water within an area delineated as a critical water supply area, the County is required to address the future provision of reuse water and its effect on potable water supplies. Fiscal Impact: • The County will be required to identify any expansion of facilities that increase the supply of reuse water. • It is unclear at this time whether DCA will require facility improvements to increase the supply of reuse water to lessen the demand for potable water. This issue will be addressed in the EAR and should be resolved within that process. Funding Allocation (Statewide): • Recurring (beginning FY 05/06) - Water Supply Projects$100 million • Non Recurring (FY05/06 only) $100 million - Water Supply Projects $100 million Effective Date: Potable Water Element must incorporate certain alternative water supply projects within 18 months after the update of the regional water supply plan, which was completed by the St. Johns River Water Management District in September 2005 (to be prepared by March 2007). Capital Improvements Element(CIE) Scope: • Capital Improvement Element (CIE) must include projects anticipated to be necessary to maintain adopted Level of Service standards based on the anticipated location and rate of growth on which the Future Land Use Map is based. The CIE must encompass at least a 5 year time frame. • CIE must be demonstrated to be financially feasible, based upon professionally acceptable methodologies such as the Fiscal Impact Analysis Model (FIAM) developed by Fishkind & Associates. • CIE must be updated annually and reviewed by DCA to reflect planned capital projects and projected revenues to meet adopted LOS standards. • Expedited public hearing process established for CIE annual amendments (one public hearing) Implication of Non-Compliance: • If the CIE is not updated on an annual basis and submitted to the DCA for review, local governments will not be able to adopt any Future Land Use Map amendments. Fiscal Impact: • The additional requirements to update the CIE annually and to demonstrate financial feasibility will require impose a significant new workload on County staff. • Fiscal impacts of maintaining Level of Service standards for infrastructure must be considered. Effective Date: December 1, 2007 LI 000, 1)1)0 Board of County Commissioners November 14, 2005 Page 5 Other Regulatory Incentives • Adoption of a Community Vision and Urban Service Boundary in local Comprehensive Plan - Land use (map) amendments within the Urban Service Boundary area are not subject to state compliance review, except in Coastal High Hazard Areas (affected parties may challenge such amendments if they are inconsistent with adopted policies of the Comprehensive Plan.) • Exemption of small scale amendments involving construction of affordable housing meeting certain criteria from the 10 dwelling unit per acre density limitation. • Creation of a DRI exemption within designated "urban service boundary," within Urban Infill and Development Areas where the local government has entered into an agreement with DOT and adjacent jurisdictions and has adopted proportionate share methodology. Other Commissions and Studies • Century Commission for a Sustainable Florida - Standing body charged with developing a 25 and 50 year state vision - Composed of 15 members - Requires annual report to the Governor and Legislature starting January 16, 2007 - Directs Legislature to create a committee to review the Commission's annual findings, starting with the 2007 session - Requires OCA to provide staffing to the Commission. • Florida Impact Fee Review Task Force - Review and recommend use of impact fees as a method of financing local infrastructure - Composed of 15 members - Requires report to Governor and Legislature by February 1, 2006 - Directs Legislative Committee on Intergovernmental Relations to serve as staff • Regional Boundary Study - Recommends adjustments to boundaries of the regional planning councils, water management districts, and the DOT to be more coterminus - Report due January 15. 2006 SUMMARY The 2005 Growth Management Initiative made noteworthy changes to the State's growth management laws. This report provides only a brief overview of SB 360. These legislative initiatives will require modifications to Brevard County's Comprehensive Plan and the concurrency portion of the Land Development Regulations. Significant intergovernmental coordination efforts will also be needed to address the school concurrency mandate. Establishing a LOS standard for the County and municipalities will require a level of coordination not previously undertaken in Brevard County. In addition, adoption of a proportionate share mitigation process will be a new activity for the County. Finally, the CIE will be required to be updated annually, rather than being updated on an as-needed basis. The updating of the CIE, the water supply issue, and a portion of the transportation concurrency matter are topics that can be addressed in the EAR, which is due by August 1, 2006. cc: Peggy Busacca Ed Washburn