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Agenda Packet 01-12-2005
Donald--D-. - Alice4-i-�teaa ante John Fredrickson Bea McNeely Chair Leo Nicholas Lamar Russell V Chair Walter Shoenfeld 4 oo gii t : IE q City of Ca_pe Canaveral kii,11. :m / - PLANNING &ZONING BOARD AGENDA '1 111 POLK AVENUE CITY OF JANUARY 12, 2005 CAPE CANAVERAL 7:30 P.M. \ , Call to Order Roll Call , # \ ‘ NEW BUSINESS: 1 . Motion Re: Approval of Meeting Minutes Decemby s 0. .er $, 2.64 .�F\ e ,,�" \NC ,i2 ,- '-' NEW BUSINESS: �� q� te'RQ $,�v Vt- ° �1cl xi Nip �43 a 4,11 l(7ir `>�' u, ), 0'4°"`ki" ;\r-clj-P-Vi'"v m '16,;(ic151‘ j143‘ \fklk 0 ...7„ , P `SOY Coastal uels - (Vapor Combustor) - Revised Site Flan Approval - Craig ''R j -f,;4\''' Smith, Applicant. tfecommendation Re: Special Exception Request No. 04-114 to Allow 0 0 it . Outside Storage of Recreational Vehicles, Trailers, and Traileraltile Items �� in the C-2 ZoningDistric (192 Center_� _ Street) - Ron Abeles, Petition r�."`p�' -_\ " QC7"J�Qo wt--wAIX \'5 ' 0`)'('(.-\0. Vo i G i. IIUY At r w oaak� v^p' 9 3. 14 Ocean Gar ens- on 14, Town hip 24 Seuth, Range 37 uk Tijik l East, Replat of Lot 49 of Ocean Gardens-Wave Three Subdivision - Final \A) 9'tipt • Replat Approval - James Me an, Applicant. 3.) f/J VU\CLYNO.kitaNitc (au_ vw,te,./ UJIA--avt- . DISCUSSION:Jo ,'..tM '�,, ato• 1. Discussion Re: Definition of a Structure acp- c • � LL 2. Discussion Re: Scooters and Similar Rentals o Vros-vnAik to-rn jj, \ ' / Pursuant to Section 286.1015, F.S., the Ci y hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter `� t rendered at this meeting, that person will need a record of the proceedings, and for such purpos . that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not / 'A ‘.I constitute consent by the City for the introduction or admission into evidence of otherwise ,.; �' r t inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise ' i allowed by law. This meeting may include the attendance of one or more members of the Cape • Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held a s pub is - g. 'ersons with disabilities needing assistance to participate in any of thes: •roceeding$ shout• cont. t the 4, City Clerk's office at 868-1221, 48 hours in advance of the m•- 0 Ieting. �t3,,/( . VV44e1 . W Pre\ t-Tid,";,,,,0 105 Polk Avenue • Post Office Box 326 • Cape . •.veral, FL 32920-03 • Telephone: (321) 868-1220 • SUNCOM: 982-1220 • '� . _ :.:-1248I�� www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com �,4,` I Memorandum To: Planning and Zoning Board From: Todd Peetz, City Planner Date: January 5, 2005 Re: Agenda Overview for the January 12th P&Z Meeting The following is an overview for the January 12`h meeting. 1) We have a minor site plan amendment for a vapor combustor at the Coastal Fuels site. A vapor combustor burns excess gases generated by the storage of petroleum products, which relieves pressure inside the tanks. The existing vapor combustor needs to be replaced and the new vapor combustor is being built in the same vicinity not on the same site. It was determined this is a necessary function of the tank farm and is for public safety purposes that a minor site plan review was all that was necessary. 2) We have additional input on the definitions of a structure by the building official. 3) We have a discussion on the language to help differentiate scooter and similar rentals from auto and RV rentals. This was brought about by a recent special exception case. I have attached Florida Statue definitions for Uniform Traffic Control, please see the definitions of a Moped(#77) and motorized Scooter(#82). '� +e a 4. i 414 �: I s I � •� t i f if AA 11 5) We have the final plat for Ocean Gardens - Wave 4, a two unit town home on Ocean Garden Lane. 6) We have a special exception for outside storage of recreational vehicles on Center Street. If you have any questions, or need further information please feel free to contact me at 407-629-8880. PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 8, 2004 A Regular Meeting of the Planning & Zoning Board was held on December 8, 2004 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 Leo Nicholas Vice Chairperson Lamar Russell Alice Filteau 1st Alternate Donald Dunn 2nd Alternate MEMBERS ABSENT John Fredrickson Walter Schoenfeld OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: October 13, 2004 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of October 13, 2004. Vote on the motion carried unanimously. DISCUSSION: 2. Discussion Re: Section 110-556 - Vehicle Rental Facilities, Providing for Exemptions - Anthony Garganese, City Attorney. The Board members reviewed the proposed ordinance. Todd Peetz, City Planner reviewed the proposed changes. Discussion was held regarding prohibiting rentals of all terrain vehicles (ATV's); limit the number of outside display; limiting horsepower and vehicles lengths; eliminating buffering/distance requirements from like establishments; and reducing the minimum building size. Following discussion, the Board requested that the City Planner research information on horsepower, dimensions, and engine displacements for two wheel vehicles and present the information at the next meeting. 53-f,A 0 4 Planning & Zoning Board Meeting Minutes December 8, 2004 Page 2 3. Discussion Re: Section 110-1 Definitions of Structures. Todd Peetz, City Planner advised that this definition was brought back by the Building Official. The Board members reviewed the proposed definition of a structure. It was noted that the Building Official was not present at the meeting to answer various questions. Discussion was held regarding establishing a allowable number of days for temporary use within a specific time period. Following discussion, the Board agreed to request the Building Official attend the next meeting and establish guidelines as discussed. OPEN DISCUSSION: Chairperson McNeely polled the members regarding the most convenient time to hold workshop meetings with city council, starting in January, to review Chapter 110 of the City Code. Following discussion, the Board members agreed that 6 p.m. on Thursdays is best. Discussion was held regarding traffic on N. Atlantic Avenue. Mr. Nicholas asked if Lueke Transportation could provide statistics for predictions of accidents on N. Atlantic Avenue. Mr. Russell suggested that N. Atlantic Avenue become a city road and the city fix-it. He noted that the County and the Port have no interest in fixing the road. A workshop will be held in January, 2005 regarding this issue. Discussion was held regarding the Canaveral River. Discussion was held regarding the proposed mixed planned unit development. Chairperson McNeely gave an overview of the development agreement that was presented at the City Council meeting on December 7th. There being no further business for the Board to consider the meeting was adjourned at 8:47 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT • Project Name: !/11.1Wi1B�tcf/vN /6a/7-- i'/`/i �?I - /•✓c RESIDENTIAL: • 1, 2 &3 Residential Units TOTAL: $37.50 Total # of Units? (4) or more Residential Uriits $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ COMMERCIAL: $150 per acre of land, or portion thereof. 1 Acres X$150 TOTALS .$ SITE PLAN EXTENSION• TOTAL- $150.00 Sl'1'E PLAN RESUBMISSION: 50% of original fee TOTAL. $ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units $700.00 Over 4 Units to 50 Units 4.1 800.11. Over 50 Units or Hotel/Motel $2,800.00 COMMERCIAL: Up to 4 Acres $1,800.00 Over 4 up to 8 Acres $2,300.00 Over 8 Acres- Review fee to be established after pre- application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. 4 Total Acres: V",q9-04 t.*/ R Office Use Only: Escrow Account#1-202.2400 7'7" TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ PAID RECEIPT NO. DATE RECV'D 2 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 29, 2004 Re: Coastal Fuels Minor Site Plan Amendment—Vapor Combustor I have reviewed the minor site plan for the vapor combustor replacing the existing vapor combustor. Being that the Vapor Combustor is a required safety feature of the tank farm, within same vicinity and only replaces the existing piece of equipment then I have no comments or concerns. If you have any questions, or need further information please feel free to contact me at 407-629-8880. ssA • November 2, 2004 • Mr. Todd Peetz Miller Legg & Associates 631 South Orlando Avenue, Suite 200 Winter Park, FL 32789 RE: Coastal Fuels Vapor Combustion Unit Site Plan Amendment- Review 1 SSA Job No. 95-0208/095-1004 Dear Mr. Peetz: • --SSA-has-reviewed the-above=-eferenced project and recommends said plan for City approval. SSA requests that copies of the FDEP Environmental Permits or any other regulatory permits for this work be provided. Also, please provide actual emissions information for this installation. 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. L. r10, John A. Pekar, E • -a .ac - Sr. Vice President - City Engineer Project Engineer City Engineer's Review Fee For Review#1 -$1,500.00 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 Si ASSOCIATES 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.#_AAC000329 #EB0000762 #LB0006700 6 P. • jacivillprojectslcapell-coastalfuelsvapor-approve.doc it OK . CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,. INC. Serving the city of Ca pe Canaveral&Ca7lavet-al P 0 ilAuthol-zoi To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Coastal Fuels Site Date: 11/16/04 I have reviewed the plans and have no comment. • , • ,:i4;1.,••• 4.8f? • " „ . • „ a ',•fr i /I-2/0 „,41111111 Station#1 190 JACKSON AVENUE 0 CAPE CANAVERAL, FLORII)A 3292() • (321) 783-4777 • FAX: (321) 783-5398 Station#2 8970 COLUMBIA ROAD CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4424 • FAX: (321) 783-4887 • Todd Peetz From: Ed Gardulski [egardulski@bellsouth.net] Sent: Wednesday, November 24, 2004 2:09 PM To: Todd Peetz; Andy Kirbach; Shannon McNally Cc: chapman-cape@cfl.rr.com Subject: Re: Coastal Fuels The name of the road needs to be corrected to North Atlantic Avenue on the drawing. The City would like to establish an easement along N.Atlantic Ave for landscaping. This is something that we had talked about,but never completed. Public Works does not have any other comments Ed Gardulski Public Works Director I Original Message Page 1 of 1 ink ‘1100k To Mel 116101ON PrilOtiVair qiNkiiiiillir a� a es« , , ,1....t,,,,,..,,.4 - ,..,.--- ; . , ..„; .- -- - ..,.. ...t.. , i._ .. ;. 0 ,- , -. ... . .„,..,f -' ,,,,.'21' ,, - - - , -- ''�v _,.6...- ;,, -. , ..„ ... .. . „.... ,,, ,,. . ,,,,,,,,,.,,.,, -/, «; . a 44 ,. a,'e'Ra baa"'",»°` ' '' a * '' #CMMR _ n 4 r .4' PAF { a 3g- ' '''' .. ' ,2 4 < E r z '' S� aR- ''' .0;1'',.: ° 9 C�,R $6 e ?saw. ® m ey y C `: 11""41;;' I' Jlik iii4rflitt.„04 ' , ..., .0 -' ;,, ,,,, 4, ,,,,, ‘,-3/4 , ;„-,,,,,,,its, !(,,-,r*".. ! ?4'. 4 '...k * AL At if / ) .0''',4,,,,,, ,', : :4,*''''',- let lkz,l'' - 5 ,_., �•, "ate �, http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1&id=2005010... 1/4/2005 City of Cape Canaveral Building Department `recia.( E �.'i 1- (Please Print Legibly or Type) hcvtif,s1---(r(y-/-(A. DATE FILED (2,--1.-C4 FEE PAID` 5C),CO DEPOSIT n" Q• (r (‘ RECV'D BY: C- ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) 94i A FST SK-0,1 ISL, Ric kze t\-nK)N f\c- \,'. - \ .L 5 ,ik('\\*F S A C) ' 't: i K` i F\ 0 1 k _ ' C . L i‘ 33•P RC of request (if applicable) VC1 I Cly li't� E 1,CP Cf\l„.A L i3;7�-'RC Legal Description: Lot NltBlock NIA Parcel --3 Subdvt-01,AA LAN UtiNk\i-ev tl j Section c3 Township piMCt-t :Range 37 EAST 1=- STATEMENT OF FACT: State of Florida, County of Brevard; I RON 1\1:0 {\ • Ke -.E being duly sworn, depose and say that X I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): R I (;t-NTS f?---, i) 1 ft_ Address: OP 1 Ll1 f • _ C. ' \aL&(---• ma ala-0 Home Phone 1 1(��1�1�Nork Phone o2lQi(1-O`,lUk E-Mail !ALA t : ' L R- •'LILY-3 •0,0--k Applicant(s) Names(s): K•k AL1 A . -f\ F_C--- �T e stz -,•1-*Address: \5 1 .L 4 ‘.. i., :i! . 2 )522 Home Phonel(r3-O 43Work Phones q(G- 1 O1E-Mail Wal \ T ,O. '.-"-'v All information, sketches . •..:..t;,. . tamed and made part of this request, are honest ,_ u s ;• and belief . Signature of Applicant ,.•-'"S • e -': ribed before me on this &0 day of A '1120 V/ . �- +. Nought •" Commission#0D1 Notary Pub • , State of Florida _ �= Expires: Feb 2 ,2007 =).• tiJ.a Bonded Thea The completed request form and the $7 yg ligif, ,g ssiir1Qe'1'fil@rd as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) rt-_ A# 2- 30,C'c Ftp 7c4�rntWL� 'II Zzz. 69 I ----- 4V-f---12167F— CO2 City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 1. NAME OF APPLICANT(S)9-3-v L i 1_1(I • ROA(6 A .k ADDRESS (if assigned) 16 a ('- . )W _O 140 `--( ) PHONE # r \=1 ' � p\D - FAX # j1 - 1 53- I iA-MAIL (43\C/4i f elefi l • 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: 1 \IN BLOCK: 1..‘�A. SUBDIVISION: aA U N1A WETi3 PARCEL: E- _3 SIZE OF SUBJECT PROPERTY IN ACRES: 013 AC: g SEC1 ION: r�:'j TOWNSHIP RANGE ,.31 iS DESCRIPTION:(`' TE.aY iNGF, 0v Virl\---V.pcOLua,\17-_,ICI-LEt--1;4P. Le 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2)CX1f Ei?-10-7..ONli Vis,b1 l`�►OM 1 . :Ite-T•110 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLE 1'b APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1411)R-1, R-2, M-1 ETC.) 6. PROVIDE THIR 11,EN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOI'L: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): .R47(.„77.1 "7-52, G/ q J /r DSI U/ c2 T .1c) • U l I'''C_C.-0?e 4 7 ce./ Ve/ ' 'c/P /lC.( I(.7✓f 4 � J i /Q �J /Q. • 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLE 1'h THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") 4 A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: biZk-VF\ This information was obtained from: C 1 _ C (Q A property map showing properties within the 500 ft. radius, clearly outlining the subject property. A The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. tiN/A 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 4 6 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION • WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. 2) Will the Special Exception create any unusual police, fire or emergency services? 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping,etc.? Weis eve �1�b p Nb Pcw,gLo�.R_.t I�-t 115 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, -traffic flow and control, and emergency access in case of fire or medical emergenc P ,C) tJ1TS b bEtsNib kaki RE 14- oS 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? -s)C 8) Are signs and exterior lighting, if any, designed and arranged so as to r promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? 7 9) Is there adequate refuse and service areas? • jCS 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? ` f t K �0Q.0 11-\1\.° 1� ‘c --t t--�- 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? N© 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? 'k_CW e0m atkQE10aN \MTh 1-14E ()(2° 1 * 8 S Iii WI § 110-382 CAPE CANAVERAL CODE -334. ti 4T Sec. 110-382. Accessory uses and structures. ;) Ret b. All ingress and egress points to abut pro In the C-2 commercial/manufacturing district ting streets shall be marked clearly :, and placed not closer than 30 feet .: a. customary accessory uses of one or more of the apart on the same street. principal uses, clearly incidental and subordinate t to the principal use, in keeping with the commer- c• All servicing and repair activities, b. tial manufacturing character of the district, are except gasoline pumps, shall be to permitted. cated in an enclosed structure. (Ord. No. 4 99, § 1, 7-6-99) d. There shall be no storage of junked or wrecked automobiles, other than 9) Ni Sec. 110-383. Special exceptions : temporary storage, not to exceed 30 3' p permissi- days. These vehicles shall be within at ble by the board of adjust- �` ment. an enclosed area and not be visible .'. or from outside the property. T to (a) In the C-2 commercial/manufacturing dis e. Ingress and egress points shall not $ y` a trict, after public notice and hearing, the board of be placed so as to endanger pedes adjustment may permit special exceptions which trian traffic. b are compatible to permitted uses and which are 7. Commercial establishments for the stor :,-4:10 able to meet the minimum requirements and age of parking recreational vehicles,trail performance standards, as set forth in this zoning ers and trailerable items,provided it meets ':" district. the following, as a minimum: c •(b) The board of adjustment may adjust set- a Minimum lot size of 10,000 square backs and provisions noted in article IX of this feet. i chapter as necessary and appropriate in granting b. Vehicle storage area must be ob t iA special exceptions. scured from view by either walls,'-_,. 4-;.0 fences or hedges. (c) Special exceptions may be permitted for the c. Walls, fences and hedges must com- following: ply with all city rules and regular 1. Plant nurseries and greenhouses, pro- tions and must be kept in good con- vided that all outside display of merchan- dition, so as to ensure obstruction n. dise are contained within the required from view. 3x setbacks. 8. Public utility equipment:Uses and rights ;g (10) 2. Vocational and trade schools involving of-way essential to serve the neighbor- . operations of an industrial nature. hood in which it is located. 3. Radio and television studios. 9. Theaters, drive-in theaters, photographic i'` studios,bookstores and dance studios,un- f 4. Temporary security facilities, subject to less such uses fall within the scope and , annual review. 5. Veterinary hospitals and clinics, subject restrictions of section 10-86, et seq. 10. Carwashes, including polishing and sale >, to the provisions designated in division 5 '- "1t, of related materials. (11) of this article for the C-1 district. �F3` • 11. Mini-storage and storage warehouses " 6. Sales, leasing and rental of new and used automobiles, major recreational equip- 12. Commercial establishments which sell,' dispense, serve or store alcoholic bever to ment and mobile homes with accessory services, subject to the following: ages or which permit the consumption of` s alcoholic beverages on their premises sub ;4 a. Outside areas where merchandise is =� k it displayed shall be paved. ject to section 110 171. (Ord. No. 4-99, § 1, 7-6-99) `rt.";:,' "a5- r , , Supp. No. 7 CD 110:46.2 ,tk r 5 µ7,,; `�r 1 i RADIUS MAP , I _J L s 1 I I I 1_111.1_11.1,] I JACKSON AV r— NARRLDON AV LANVLN]I N CARVER ST 9 i I I I ` TYLER AV T 'VCi9I 7p lJ— A0� Ifl _ HITCHING POST RD I q o i POLK AV RITCHIE AV 4 a TAYLOR AV rr 5 \ --- 1 1 , / FUNS k. ------------- B ____________ PIES e , III 9 10. ,. F CENTC0.ST RIICHA� NAR AV — kII 18 14 IS 3S �_ .--,a7,,0-i.,7,-7,---- INCGLN AV 1 V �' .,� 19 _ ._ A J AOIIHRDN AY ,A COCOA PALO AV ,avA PALILD AV 1 SAGO 010. S RATTAN AV a i DORAL AV GRANT AV CAPI SNORES CR /Gr/ l� LUTA AV HAYED AV fk pi- --,,,,o.i . m 1 ___. 914,1_ _.,TP GA0.FICL0 AV r. 0 1 /I [ Brevard County Property Appraiser:Jim Ford BUFFER DISTANCE:500 FEET APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1.6000 (one inch = 5 eel) RON ABELES LEGEND: (rtThis map was compiled from recrorded documents and does nal reflect ass actual survey.The Brevard County Property Appraiser does not Notification butte OWNER NAME(S)/ADDRESS: assume responsibility for errors or ommissions contained hereon. /\/ Parcel/lot boundaries Produced by:Brevard County Property Appraisers Office —GIS, November 30,2004 Numbers on map correspond to mailing list Proj.0 102-rona500 rona501Fi.c,op Received: 12/30/04 2:26PM; 321 783 1729 -> MILLER, LEGG, & ASSOC. , INC. ; Page 2 Dec 30 04 02 : 17p FLIRT CATALOG 321 783 1729 p . 2 tor ss1sr t' it \, c co‘ ICelf 1 te MEI". 4 411k k _ • _ . .___ • ... .• • t T31eo \t :117 I ZE--7- 1 op 1Oflg. r i P•IL I 1.NI IN„m,,,.I,,ars a•Ill°I I.I"4 • ,. .,I A( 4.0, .. ..........1.1 i fA tc) , . 4s 11XSW Ila y 0 19 0 WI. 1 fiXC115404 Slfrc • . 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W L."46,- - - - - - - W- W W- - - W W(A- - co- - - - - m C7 W W VI VI, N NNNN N NM MO- ' CO X MN W W M N M W W W W M M M M M M M W M W W M M R�.J1 W N XX M M M M M NW WW O O r H r m W C C r r t C C W C 0 0 0 C M(C 00000 r HH 0)0 H Vt H H H 1...,-. H q Vt HH m N W W W W W W W W W W www WW W W W W W W W N N NNWNNWN N NNW HNN NNNWN MM CO CO CO W 1O W b.O W CO m b V! Www 1O W b 1O lO H lO N N WWWWWWW N NNW OWN HMHHM ...3W O 0 0 0 0 W O N O 0 0 0 0 MNO 000,10 W Vt ICC This Instrument Prepared by: Alliance Title of Brevard,LLC • 730 E.Strawbridge Ave,Ste 100 Melbourne,FL 32901 File No.04070072 ( WARRANTY DEED This Warranty Deed made this 26th day of October,2004,by TECH-VEST,INC.,a Delaware Corporation (hereinafter called the"Grantor"),whose post office address is t Florida Limited Liability Company whose post office address is 200 ald CypressCourt,a p Longwood,FL 32779(hereinafter called the"Grantee"). (Whenever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument and the heirs,legal representatives and assigns ofindividuals,and the successors and assigns of corporations.) WITNESSETH: That said Grantor,for and in consideration of the sum of$10.00 Dollars, and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells, aliens,remises,releases,conveys and confirms unto the Grantee,all that certain land situate in Brevard.County,Florida,viz: See attached exhibit"A" SUBJECT to restrictions,reservations and easements of record,if any,which are not reimposed hereby, and taxes subsequent to December 31,2002. TOGETAFR with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. • AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple,that the Grantor has good right and lawful authority to sell and convey said land;that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2002,reservations,restrictions and easements of record,if any. (The terms "Grantor"and"Grantee"herein shall be construed to include all genders and singular or plural as the context indicates.) IN WITNESS W1TEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. SIGNED,SEAL- : ; I DELIVERED TECH-VEST,INC. a Delaware Corporation 1(72 -4()----1By: �. / :�......,% —2. :eal) ttness Signature EDWARD L. HRADESKY, PRESI'e al' r- CLAUDIA SCHELLINGER 4 tpOinted Name: Ati As / i I'/' i/i / VIP' ,igt ��;� LINDA .MARTIN Witness Printed Name: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 26th d. of OCTOBER, 2004,by EDWARD L. HRADESKY,President of TECH-VE• 1' a aik,: aw. - Corporation, on behalf of said corporation,who is personally known mei My Commission Expires: .74.1g Notary Public Serial Number: Printed Name: 61.2„, Ct,AUDIASCRELLINGER ,.. .,,,; MY COMMISSION ttDD 127266 "i l't °` EXPIRES:June 19,2006 °'.'r� .-9' dedtbruNota ponryPublicUndsM'niters '1,'I4Fnt h.� _. ... _ rt, O `�j 0. ",'''' ti o 4 ggti F' - o o%6, oioW Q-. bo,O, V �, `4W o4' o � . oq N � woo ory - � N , � 4, o�tci N WCWiN � °o t 410 � �Ezi 41 �rz �' � 0. P � o� � pc) Wo o • <t' Ek. 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N O W q p W 041N �WW � oC � � ywh° o � or W[W„O .tz <r � Eti CWI Q� to ulril N, l' Etji0 1= .4 � hGl , 4 q Lil� o(tio• W a4 .u • h q -Vw p u) '0 R Q - 6'' t0 Q E�� 4,04 Ul C.).� � � ° � ' g441 o � � o1/2 o � o � WoWN 41WcOV ( N F' oi: r i9K a, cg,..._ '� Er �Er) Ejj o� O o w C7 . 4) C7 W C9 0 41 0 W ~ E, o ° 0 . o � ' d't � N �tigig~ oL � co 6:ii 'og � � co r W� OC7ChtioE'' 6-4VGVV Wqo 4., � 40N6' og41EV..1 1 � EQ� h Wotia' W °l � � V0F' v k WVV o '-141 -.( r; t," C' N' CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. This review by staff pertains to the approximate northern area 100'x200'feet and northwestern area 60'x200' feet of the property boundary as provided by the applicant. At total approximate area of the outside storage is 32,000 square feet. The approximate number of vehicles intended to be stored are 30-35 vehicles per the applicant's comments. The intent of the special exception is not for the entire property, but in the north and northwest portion of the property. At this time it does not appear that the special exception would create an adverse impact to the above requirements. However, the fire department mentioned access and internal circulation concerns. 2) Will the Special Exception create any unusual police, fire or emergency services? The fire department raised a concern about emergency service access. There were questions raised about how the vehicles would be parked and the internal circulation of the site. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The lot should be able to accommodate the boats and RVs. The view from Center Street should be obscured. The setback requirements are not specifically identified for boats and RVs in the C-1 zone unless in the right of way or on a corner in the visibility triangle, this is not the case. The western portion of this request will abut the residential Solana on the River project. A landscape screening is already planned by the residential development. A fence is in place along the northern boundary of the property abutting another commercial use. It should be noted that vehicles need to be currently registered and in a movable condition to be in keeping with the City Code referenced below: • Section 110-334 (11) Commercial establishments for the storage or parking of Recreational vehicles, Trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum Lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either Walls, Fence or Hedges. c. Walls, Fence and Hedges must comply with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view. Section 110-551 d. All vehicles herein permitted shall have affixed thereto a currently valid license tag registered to the vehicle, shall be parked or stored with wheels and tires mounted,and shall be maintained in a movable condition. 4) Is there adequate ingress and egress,with particular reference to auto and pedestrian safety and convenience, traffic flow and control,and emergency access in case of fire or medical emergency? As mentioned the fire department has a concern with access and circulation which has not been truly identified by the applicant. The applicant believes that two access points can be created to the site that would meet the fire departments requirements for access and create internal circulation necessary for emergency services. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Based upon the pre-existing office and warehouse use it would appear that adequate off-street parking is available. However, complete parking information has not been submitted by the applicant. The additional use of outside storage as portrayed should not generate additional noise,glare and or odors. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. There is an existing pump station on the southwest portion of the property. In order to create an access point at this location, a minimum of 20 feet of separation needs to be created or dedicated for ingress and egress. 7) Is there adequate screening and/or buffering provided to protect and provide .6 compatibility to adjoining properties? 2 I It would appear additional Landscaping may be required. A landscape plan was not included with the application. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? Being an existing warehouse and commercial building, it does not appear that at this time the proposed use would worsen existing conditions or create disharmonies with the adjoining properties. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. Refuse service would be curb side pick up service. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? As a pre-existing commercial/industrial site, the project appears to meet setbacks and open space requirements. Landscaping may need to be enhanced to obscure view from Solana on the River. 11)Is the proposed use compatible with surrounding uses in its function, its ours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? Most of the site is a pre-existing use there should be no additional impacts with traffic, structure size and setbacks. Compatibility with Solana on the River is debatable; however, buffering from the residential use is being created and the commercial warehousing type of uses pre-date the residential development. Additional buffering by the applicant may be necessary. 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. S)1 3 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 16)Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? If approved, then the special exception with conditions should run concurrently with the use of the property. If the property converted to another type of use and the existing uses do not exist, then the special exception should no longer exist. 1 4 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C2 C2 C2 R3 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES Ottf d:tdd5 SECT AA . LIC�4bLA , **(P,re Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 5 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 5, 2005 RE: Special Exception Outside Storage of Recreational Vehicles I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. 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. If you have any questions, please feel free to contact me at 407-629-8880. 1 I 2 MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 6,2004 RE: Special Exception Request No 04-04 Outside Storage of RV and Trailers Parcel E.3 The Public Works Department has reviewed the special exception request and does not have any comments or concerns. Received: 1 / 3/05 4:10PM; 321 868 1247 -> MILLER, LEGG, & ASSOC- , INC. ; Page 1 FROM`:CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 Jan. 03 2005 02:57PM P1 ' is%.'Jni .( ,. = City Cape Canaveral if,:. ''j. .'- i t : ,' - ZONING BOARD OF ADJUSTMENT ' - !"-` FINDINGS OF FACT CITY OK Ei.,:' - CAPE CANAVERAL CONCLUSION OF LAW .. ,440° ' '4'&t,. ORDER Fitteitiolir tm aC •- dier REQUEST NUMBER: 98-01 4C00 RE: Special Exception Request No. 98-01 to Allow Outside Storage on Existing Paved Parking Area (Behind 190 Center Street),Section 23, Township 24 South, Range 37 East-Petitioner, Thomas W. Zaccaro,Agent for Tech-Vest, Inc., Property Owner. The Zoning Board of Adjustment of the City of Cape Canaveral has heard information pertaining to the request at the Zoning Board of Adjustment meeting held the 11th day of May, 1998. And based on the information provided, the Zoning Board of Adjustment has entered the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER. FINDINGS OF FACT Tech-Vest, Inc. is the owner of the real property described in the Petition. The property is located in the M-1 zoning district classification and is subject to the Land • Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest, in that,the request complies with the city code of ordinances. This special exception is consistent with the goals, objectives and policies of the Comprehensive Plan;is consistent with the intent of the M-1 zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise,light, vibration,traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed for a principal use permitted in the M-1 zoning district;no unusual police, fire or emergency services will be required; all the requirements of the zoning district are met Iwith this special exception. CONCLUSION OF LAW 0 That the Zoning Board of Adjustment has]awful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110-354 of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. 0 '' 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE c4NAVERAL, FL 32920.0326 TELEPHONE 1407) 8868-1200 • FAX (407) 799.3170 Received: 1 / 3/05 4:11PM; 321 868 1247 -> MILLER, LEGG, & ASSOC. , INC. ; Page 2 FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 Jan. 03 2005 02:57PM P2 Zoning Board of Adjustment Findings of Fact Conclusion of Law Order Special Exception Request No. 98-01 May 11, 1998 Page 2 ORDER Tech-Vest, Inc. is granted the special exception with the following limitations, restrictions and conditions: 1. The special exception shall be effective only fox the current tenant (Chematics of the South). 2. The fence screening shall be properly maintained. Should there be a violation to any part of this Order, the special exception is subject to revocation according to the City Code. DONE AND ORDERED on this 11th day of May, 1998 at the City of Cape Canaveral, Brevard County,Florida. BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL BY:/42.--ez--- /n/ Ann Thurm Chairperson I hereby certify that a true and correct copy of this document has been furnished to the petitioner(s) on this 11th day of May, 1998. t4....CDottAvau Susan L. Chapman Board Secretary 7(o ,; taxa. ':1'� �";, .'•, City of Cape Canaveral Ocean Gardens Wave 4 Final Plat Applicant: Jim Morgan Location: Range: 37 Township: 24 Section: 14 Acreage: .18 +/- acres Permitted Number of Units: 2 Dwelling Units Proposed Number of Units: 2 Townhome Units Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to use the property for residential townhome use in a Commercial C-1 zone with a special exception for residential. The subject property itself is vacant located on the south side of Ocean Garden Land. North South East West Zoning Cl Commercial Cl Commercial Cl Commercial Cl Commercial Comp Plan Cl Commercial Cl Commercial Cl Commercial Cl Commercial Existing Residential Vacant Residential Residential Conditions Townhome Requirements: Required Provided Minimum Lot Area 6,250 sq. ft. 7,890 sq. ft. Minimum Lot Area 1,600 sq. ft. 3,944 sq. ft. Minimum Lot Width 20 feet 26.25 feet Minimum Lot depth 70 feet 150.21 feet Public Services and Facilities in Amendment Area: The impact on public services for three (3) residential unit is, 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, 2003 was 9,496. This is still adequate park space available. L.(,) The traffic on North Atlantic is operating at Level of Service "D" with 233 available peak hour trips between George King Blvd and Central Blvd. Central Blvd south to SR AlA on North Atlantic is operating at a level of service "D" with 236 available peak hour trips. The maximum peak-hour volume acceptable is 810 representing a LOS of"E". The proposed development with 2 dwelling units could generate 1 or 2 additional peak hour trips per day and this would not create a traffic deficiency. 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 development would generate 500 gallons per day (GPD). There is adequate wastewater treatment capacity available. The City of Cocoa has a total potable water 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 development would consume 600 GPD. 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 subject parcel has Ga — Galveston Urban upland soil associated with urbanizing conditions well drained. There are no known wetlands, floodplains or endangered species currently identified on site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archeological resources on site. Population Projections and Trends: The average single family dwelling unit may contain 2.37 persons per unit or 4 to 5 persons. This should not have a significant affect on the population projections. • APPLICATION FOR PLAT REVIEW • ' DATE OF SUBMITTAL: /a,_ 2 / - v Y (NOTE: SUBMITTAL MUST BE SUBMITTED A mm-arum OF 30 DAYS PRIOR TO THE PLANNL G & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELIMINARY PLAT, RE-PLAT, OR r h\AL PLAT? 7' i,aft AMOUNT OF k LLIN G 1t hE PAID: $ AMOUNT OF ENGLN'EER4-NG DEPOSIT PAID: S p iii_:; aii-` =+4V— 11---i— -=r - -=a+10 li` -=,0—I r � • • _ �la • • III THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMi1TAL). YES NO N.A. • PROJECT NAME: PROJECT ADDRESS: • LEGAL DESCRIPTION: OWNERS) NAME: OWNERS) ADDRESS: PROJECT ARCHITECT/ENGLNEER: PHONE NO. OF ARCHIIECT/E_\GIN'EER: APPLICA_NT(S) SIGNATURE: - - ok;,3„..„-OWNER/ , PHONE NUMBER OF OWNER/AGENT: Jam/ 7 - 67 a PRELIMINARY PLAT REPLAT & FINAL PLAT RECEIPT Project Name: (0 CEA( RESIDENTIAL: 62 1, 2 &3 Residential Units nits .............................................TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), 50.00 Plus Units @7.50 $ per unit $ Total: 7 COMMERCIAL: $150 per acre of land, or portion thereof. Acres X$150 TOTAL:...............$___ SITE PLAN EXTENSIO TOTAL:... .............$150.Op SITE PLAN RESUBMISSION: 50% ----------------------..............................of original fee TAL_ DEPOSIT TOWARDS REVIEW FEES: —___ RESIDENTIAL: 1 -4 Units .......�......... $700.00 Over 4 Units............... ••. $1,500.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres.....$2,000.00 Over 8 Acres.................•$3,000.00 Total Acres: Office Use Only: Escrow Account#1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ ` ---___-_____ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ —O• PAID RECEIPT NO. '700, 00 DATE RECV'D 500,00 55',4t1 -3-05 (.4.)X00,00 SSA January 3, 2005 Mr. Todd Peetz Miller-Legg &Associates. 631 South Orlando Avenue • Suite 200 Winter Park, FL 32789 RE: Final Plat Review—Ocean Gardens Wave Four- Review#1 SSA Job No. 95-0208, Task 098.1003 . . Dear Mr. Peetz: SSA has reviewed the submitted final 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. • cerely, David Roy Janes, LS • Chief Surv-yor A DRJ:jls 4 `, CC: Susan L. Chapman 613 City Engineer's Review Fee For Review#1—$500.00 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 STOI LER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS • PLANNERS,INC. cM 8680 North Atlantic Avenue P.O.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 l Lic.#AAC000329 #EB0000762 #LB0006700 u:ljoan sottorivalcMflprojeclslcapef-ocean gardens wave four final plat review 1.doc ITh ANAv�x , \ ULU_�1'1'� �;Iz FII DEPARTMENT, INC. Servz�ag hc�c�t1� of G'�7pe Ca�zave�al c C,'u�iaver l Portl9utltority Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Ocean Gardens Wave Four Date: January 3, 2005 I have reviewed the plans and they :7::::h: fire departments approval. ��F 4„..,,, 1w xr ,!`'`„ '�Lx. moi , '4, • ... . 'T station 1 190 JACKSON AVENUE • CAPE CANAVERAL, I LORIDA 32920 • (321) 783 4777 • FAX: (321) 783-5398 Station#2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4424 • FAX: (321) 783-48o7 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz, City Planner FROM: Ed Gardulski Public Works Director RE: Re-Plat Ocean Gardens Wave 4 DATE: January 5, 2005 The Public Works Department has reviewed the re-plat of the above project and does not have any comments or concerns i/s7 J MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 5, 2005 RE: Ocean Wave 4 Final Plat I have reviewed the submittal of the final plat for the above referenced project. 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. Fore ', Wei**.. 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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-556 OF THE CITY CODE, ENTITIELD VEHICLE RENTAL FACILITY; PROVIDING FOR EXEMPTIONS FROM THE REQUIREMENTS OF SECTION 110-556; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under ' 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to clarify its intent under Section 110-556 by providing for exemptions for certain automotive vehicles; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That section 110-556 of the Code of Ordinances, City of Cape Canaveral,Florida,are hereby amended as follows:(underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in sections 100-556. It is intended that the text in sections 110-556 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-556. Vehicle rental facility. (a) Definition of vehicle re ff6ility;�Vehicle rental facilities shall be defined as commercial establishments where motor automotive vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up lad-Where customers complete all transactions necessary for the short term lease of such vehicle. Exempt from the provisions of this section, vehicle rental City of Cape Canaveral Ordinance No. 1 of 3 D5CUSSHOn' • facilities which limit outdoor storage of automotive vehicles to five (5) or less automotive vehicles during normal business hours only. (b) Limitations on vehicle rental facilities. Subsequent to March 4,2003,vehicle rental facilities may only be permitted by special exception in C-1 and C-2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: (1) A vehicle rental facility shall not be located within one-third of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000) square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of§ 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code,the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor automotive vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m.to 9:00 p.m. daily. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 2 of 3 Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section,subsection,sentence,clause,phrase,word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral,Florida. ADOPTED by the City Council of the City of Cape Canaveral,Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan _ Buzz Pestos SUSAN STILLS, City Clerk Rocky Randels First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Iawyer\jeffb\City of Cape Canaveral\Ordinances\AAA BLANK ORD AAA.wpd City of Cape Canaveral Ordinance No. Page 3 of 3 Proposal for the definition of "Structure" for Code sec. 110 Todd Morley,Building Official October 19,2004 Facts used: Florida Building Code Definition: Structure: That which is built or constructed. Structural: Any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Webster's II New College Dictionary: Structure: Something constructed, esp. a building or part. Building: A structure that is built. Build: To form by combining materials or parts. The Question: To follow these definitions, it is very clear and unambiguous what a structure is. A blend of these terms could easily be crafted. But that won't solve the problem at hand. That leads to the question: what is it about the City Code that is ambiguous and needs clarification? The history behind this issue: The City needs to be able to regulate the placement of structures as relates to strength and location because several aluminum canopy type structures have popped up around the City. These have proven difficult to regulate, as they can be strong and they should be located properly on the lot. The argument we've heard is that they are merely"temporary". (i.e. a temporary sun shade for a car) Analysis #1: To simply re-define "structure" is not enough. Imagine a Code Enforcement Officer looking at a 10x10 sunshade/canopy for a Saturday backyard family croquet game. He or she may say: "It is made with the form of a roof with supports, therefore it is a structure". It may indeed have this form but the owner is likely to take it down later in the evening. This is a temporary use and shouldn't require regulation. Preliminary Proposal: I would propose, therefore, to regulate structures as temporary and non-temporary. If it is temporary, the owner must remove it at anytime that justifiable cause is provided by the Building Official. (i.e. it's been up for so long that it appears to be no longer intended as temporary, the permitted life has expired, a hurricane is coming, etc.) 1 ff t • Analysis #2: Some temporary uses may require a permit/engineering and some may not. Example: The Space Congress tent would require a permit because inspections are required (Occupancy Classification is large assembly) —vs.- a wedding held in the backyard on a Sunday afternoon, where the bridal party uses a portable 8x10 aluminum pole/fabric canopy should not require a permit/engineering. If a permit/engineering is required for a temporary structure the duration of it's erection shall be stated on the application and permit as approved by the Building Official. If a permit for a structure does not fit into the temporary structure provision, then it is a non-temporary structure, and as such should be regulated the same as any structure. (primary structure or accessory structure, as applicable) One exception should be considered: a windload-engineered car canopy in the front of the house could be allowed if it: 1. Has received Community Appearance Board approval. 2. Has been permitted, and 3. Meets all the other zoning regulations. A Proposed Solution: I believe the City of Cape Canaveral Ordinance Sec 110 should be amended to include the following three definitions: Structure (Non-temporary): As defined in Building Code as adopted in Ch. 82 of this code. Structure, Casual (Temporary): An assembly of materials for casual or incidental use and not considered for use beyond a specified number ofdays, as approved by the Building Official. .-2, �`f2�� �`?c )C �„ � ! rt' 22 - 74, Structure, Occupancy-Rated (Temporary): A windload-engineered assembly of materials for a specified use as defined in the Occupancy Classification section of the Building Code as adopted in Ch. 82 of this Code and the erection of which has a specified duration. Proposal for the definition of"Structure" for Code sec. 110 Todd Morley,Building Official October 19,2004 Facts used: Florida Building Code Definition: Structure: That which is built or constructed. Structural: Any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load and the removal of which part, material or assembly could cause, or be expected to cause, all or any portion to collapse or fail. Webster's II New College Dictionary: Structure: Something constructed, esp. a building or part. Building: A structure that is built. Build: To form by combining materials or parts. The Question: To follow these definitions, it is very clear and unambiguous what a structure is. A blend of these terms could easily be crafted. But that won't solve the problem at hand. That leads to the question: what is it about the City Code that is ambiguous and needs clarification? The history behind this issue: The City needs to be able to regulate the placement of structures as relates to strength and location because several aluminum canopy type structures have popped up around the City. These have proven difficult to regulate, as they can be strong and they should be located properly on the lot. The argument we've heard is that they are merely"temporar}r. (i.e. a temporary sun shade for a car) Analysis #1: To simply re-define"structurd'is not enough. Imagine a Code Enforcement Officer looking at a 10x10 sunshade/canopy for a Saturday backyard family croquet game. He or she may say:"It It is made with the form of a roof with supports, therefore it is a structure'. It may indeed have this form but the owner is likely to take it down later in the evening. This is a temporary use and shouldn't require regulation. Preliminary Proposal: I would propose, therefore, to regulate structures as temporary and non-temporary. If it is temporary, the owner must remove it at anytime that justifiable cause is provided by the Building Official. (i.e. ifs been up for so long that it appears to be no longer intended as temporary, the permitted life has expired, a hurricane is coming, etc.) M Analysis #2: Some temporary uses may require a permit/engineering and some may not. Example: The Space Congress tent would require a permit because inspections are required (Occupancy Classification is large assembly)-vs.- a wedding held in the backyard on a Sunday afternoon, where the bridal party uses a portable 8x10 aluminum pole/fabric canopy should not require a permit/engineering. If a permit/engineering is required for a temporary structure the duration of ifs erection shall be stated on the application and permit as approved by the Building Official. If a permit for a structure does not fit into the temporary structure provision, then it is a non-temporary structure, and as such should be regulated the same as any structure. (primary structure or accessory structure, as applicable) One exception should be considered: a windload-engineered car canopy in the front of the house could be allowed if it: 1. Has received Community Appearance Board approval. 2. Has been permitted, and 3. Meets all the other zoning regulations. A Proposed Solution: I believe the City of Cape Canaveral Ordinance Sec 110 should be amended to include the following three definitions: Structure (Non-temporary): As defined in Building Code as adopted in Ch. 82 of this code. Structure, Casual (Temporary): An assembly of materials for casual or incidental use and not considered for use beyond . ::_' _• • _ •• :s a •ays, as approved by the Building Official. -;C Structure, Occupancy-Rated (Temporary): A windload-engineered assembly of materials for a specified use as defined in the Occupancy Classification section of the Building Code as adopted in Ch. 82 of this Code and the erection of which has a specified duration. Date: January 5, 2005 To: Planning & Zoning Board Members From: Todd Peetz, City Planner Re: Discussion Regarding Scooters - Additional Exhibits Attached is information provided by Beachside Scooters, and definitions of Florida Statutes regarding the above discussion item. �J�v 7 V • .1 j1 1 i ,p 1 . 1 1 1 8> I. 1 l... i 1 i ' !,• 1 Y., 1 1 'I ! 1 N-› <--.1 MANUFACTURER CERTIFICATE OF OR1 IN ao, ., . :. . a JINAN QINGQI MOTORCYCLE CO.,LTD. � v ,• (;y N0.34 ,I-ieping Roa1d,Jinan,China Tel:0531-6976096 Fax:0531-69861806 ►;—• .:;.,, •• 41(---1111 INVOICE NO. D TE . 1 ' ' JQM.1030226 SEPT. / 003 1104 . .• •• VEHICLE IDENTIFICATION NO. YEAR KE r—•>., -1: 41110. LAEAC510638916420 2003 I P ! 111V4 BODY TYPE SHIPPING IGHT • -- C—Qa if.-- H.P.(S.A.E.) O.V.W NO. CY]L SERIES OR + 11111- ODEL ,->• :'°,, 14 lei' 420 LBS. ONECYLJ49ce. • NP5OT E ••: : NOF DISTRIBUTOR , DEALER ,• 0 r >� BEACHSIDE SCOOTERS . 0 ,A-7,41. 940 PINETREE DR. i,.:. : INDIAN HARBOUR DEACh , FL. 3 93? 11 > I,the undersigned authorized representative of the company,firm or corporation ik6> ".,. ;m (7,.• Name above,hereby certify that the new vehicle described above is the property •—> ,;* of The said company, firm or corporation and is transferred on the above date and under the invoice number indicated to the fallowing distributor or dealer. I .`. „111AKcriMt;ni Illir roNcC0a( 40 -�r °v * Vii, v;+w *:V i.Fw v.. ,,. ,r•�r ' .* ife. rh v,:v v v.., C r i • ., ?(1.0‘111tk EfAckSiCl,. (.,,04L/`S L.,-*01 I • .JGa:6Vll►0IYG ►?V J!JI.Ia • 940 Pintetree Dr • Indl Hbr Bch,FL 32937 -iL. .'L'!rr '.,� M?,,.jW1l`.n r�,'. • 7, ^.,^n �_'..!".:,w° �� 'A',` "3.. w,,rNx' a"j;jR''�E•m •r,I,- �%���rt+r •T �tw V� u�;. :}''�'�+,t��pw'� 'rM4 i tk.,: faytM4r".F142 t .�z„,7,'X',+j C�.�4.7:7,ypA1�+,,''f. •Yel7,F,.14,;r'i_001' ,F A ”. �3 rte, „ C ,f '. '�; llAT,, 9r el'm, a d':: ,� s � �1�•,�A l�.rw ,,i'41"�"`"�^�`+ •r."tv't"i�'v"A:f:'�"M''91'!A%'•°ka- „t4 P �':,4:,,,17.2.,, t:—a " .+{� Y�''''TV�Y'',�r t ,'j� :,,'`5<Rf '� y'° 61 4 `d �t ;, {r "4 . �W-��. ,}aY. T.M.. .a Sfi^'m� r ,, to a 7H .,,..19I,,It41.34�a"%).)6, ,k,,t,q, 4,"a�k���elu:��z��x;�k#!��•”l�.�f,is��Sb�xa;J�°l,'i�l�hi���Yl:�z�it;�:.a+e��;a'-afi:•S$"..ix.F�.e�l�.,v��i:dr�+..�.�'t�d?�r.• �i`._,..��,.Sua��'.� v.:+riu,G � n•' ver= facsimile transmittal To: Duree Fax: 868-1247 From; Norm Weaver Date! 1/16/2004 Re: Scooters Pages: 2 CC: r ;1 4. t • + n�®5 x�Far cwt b 0 F Comment• • X Pierce M�pfy © P e R C18 l�`tom v'-aymi �A,.,d _ ___.... ___.____.__________._______. ;;,‘; } � f ��; to IT, a E 49.5cc Scooter �<: Pw,An r tli!k +9 '`..i,1 w, kn�i Street Leg& -,,,i-A1.--w-1"P F ,tilt' '•` 4-ti kits , „,,4p • Se .. • njectlon so you x r.., r. s�k t�u1y, don't h mix the oil and �, 6ogas, h,;i4,#11(,,,,, 4,11,10` •WQ • +� nds ..1.,' .” ',.ns: 63 x 20x48 inches •Engine:49.5cc*Ingle cylinder air cooled •Electric Ignition key start and kick-start •Safety kerne: Turn signals, head lights with low and high beam, aide marker#,dual mirrors, drum brakes,and fenders. •Storage: Under seat for a helmet, under steering wheel. •Gauges: Speedometer and gas gauge. Turn signal and bright light indicator*, Low oil buzzer(2 stroke model only). •Weight Capacity: 278 pounds • Two stroke 3045 MPH • 4 stroke 45 mph 210‘it ctec 34/1 S d-<- SC,0041 Select Year: 2004 gyp, The 2004 Florida Statutes Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.003 Definitions.--The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (1) AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Department of Environmental Protection, the Department of Health, and the Department of Transportation as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. (2) BICYCLE.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle. (3) BUS.--Any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (4) BUSINESS DISTRICT.--The territory contiguous to, and including, a highway when 50 percent or more of the frontage thereon, for a distance of 300 feet or more, is occupied by buildings in use for business. (5) CANCELLATION.--Cancellation means that a license which was issued through error or fraud is declared void and terminated. A new license may be obtained only as permitted in this chapter. (6) CROSSWALK.-- (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (7) DAYTIME.--The period from a half hour before sunrise to a half hour after sunset. Nighttime means at any other hour. (8) DEPARTMENT.--The Department of Highway Safety and Motor Vehicles as defined in s. 20.24_ Any reference herein to Department of Transportation shall be construed as referring to the Department of Transportation, defined in s. 20.23, or the appropriate division thereof. http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=... 1/4/2005 diatiagailigaMORMIk ».»....., w ...vimaau t.uviu . r ia,w vuLaL11U3 iu-,? U Jei: UI1 uu. : nsenate.gov rage of .•••• (9) DIRECTOR.--The Director of the Division of the Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles. (10) DRIVER.--Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. (11) EXPLOSIVE.--Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effect on contiguous objects or of destroying life or limb. (12) FARM TRACTOR.--Any motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (13) FLAMMABLE LIQUID.--Any liquid which has a flash point of 70 degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device. (14) GROSS WEIGHT.--The weight of a vehicle without load plus the weight of any load thereon. (15) HOUSE TRAILER.-- (a) A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, or (b) A trailer or a semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (16) IMPLEMENT OF HUSBANDRY.--Any vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. (17) INTERSECTION.-- (a) The area embraced within the prolongation or connection of the lateral curblines; or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. (18) LANED HIGHWAY.--A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (19) LIMITED ACCESS FACILITY.--A street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or http://www,flsenate.gov/statutes/index.cfm?p=2&App_mode=Di splay_Statute&Search_String=... 1/4/2005 • easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic. (20) LOCAL AUTHORITIES.--Includes all officers and public officials of the several counties and municipalities of this state. (21) MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. (22) MOTORCYCLE.--Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped. (23) OFFICIAL TRAFFIC CONTROL DEVICES.--All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. (24) OFFICIAL TRAFFIC CONTROL SIGNAL.--Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (25) OPERATOR.--Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. (26) OWNER.--A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter. (27) PARK OR PARKING.--The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter. (28) PEDESTRIAN.--Any person afoot. (29) PERSON.--Any natural person, firm, copartnership, association, or corporation. (30) PNEUMATIC TIRE.--Any tire in which compressed air is designed to support the load. (31) POLE TRAILER.--Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (32) POLICE OFFICER.--Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, including Florida highway patrol officers, sheriffs, deputy sheriffs, and municipal police officers. (33) PRIVATE ROAD OR DRIVEWAY.--Except as otherwise provided in paragraph (53)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. ff 1 t!� http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=... 1/4/2005 (34) RADIOACTIVE MATERIALS.--Any materials or combination of materials which emit ionizing radiation spontaneously in which the radioactivity per gram of material, in any form, is greater than 0.002 microcuries. (35) RAILROAD.--A carrier of persons or property upon cars operated upon stationary rails. (36) RAILROAD SIGN OR SIGNAL.--Any sign, signal, or device erected by authority of a public body or official, or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (37) RAILROAD TRAIN.--A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except a streetcar. (38) RESIDENCE DISTRICT.--The territory contiguous to, and including, a highway, not comprising a business district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use for business. (39) REVOCATION.--Revocation means that a licensee's privilege to drive a motor vehicle is terminated. A new license may be obtained only as permitted by law. (40) RIGHT-OF-WAY.--The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (41) ROAD TRACTOR.--Any motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon, either independently or as any part of the weight of a vehicle or load so drawn. (42) ROADWAY.--That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein refers to any such roadway separately, but not to all such roadways collectively. (43) SADDLE MOUNT.--An arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground and only the rear wheels of the towed vehicle rest upon the ground. (44) SAFETY ZONE.--The area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone. (45) SCHOOL BUS.--Any motor vehicle that complies with the color and identification requirements of chapter 1006 and is used to transport children to or from public or private school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. The term "school" includes all preelementary, elementary, secondary, and postsecondary schools. (46) SEMITRAILER.--Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. (47) SIDEWALK.--That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians. http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_S tring=... 1/4/2005 _._-__......., _........_........... ...... .............., �.aiv✓iv—ivv�+uvu VV." . u�%.uaw. v v r agu J 01 0 (48) SPECIAL MOBILE EQUIPMENT.--Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to, ditchdigging apparatus, well-boring apparatus, and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and draglines, and self- propelled cranes and earthmoving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (49) STAND OR STANDING.--The halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this chapter. (50) STATE ROAD.--Any highway designated as a state-maintained road by the Department of Transportation. (51) STOP.--When required, complete cessation from movement. (52) STOP OR STOPPING.--When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. (53) STREET OR HIGHWAY.-- (a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic; (b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place; (c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or (d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public. (54) SUSPENSION.--Temporary withdrawal of a licensee's privilege to drive a motor vehicle. (55) THROUGH HIGHWAY.--Any highway or portion thereof on which vehicular traffic is given the right-of-way and at the entrances to which vehicular traffic from intersecting highways is required to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or yield sign, or otherwise in obedience to law. (56) TIRE WIDTH.--Tire width is that width stated on the surface of the tire by the manufacturer of the tire, if the width stated does not exceed 2 inches more than the width of the tire contacting the surface. (57) TRAFFIC.--Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel. http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=... 1/4/2005 (58) TRAILER.--Any vehicle with or without motive power, other than a pole trailer, designed for • • carrying persons or property and for being drawn by a motor vehicle. (59) TRUCK.--Any motor vehicle designed, used, or maintained primarily for the transportation of property. (60) TRUCK TRACTOR.--Any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (61) MIGRANT FARM WORKER.--Any person employed in the planting, cultivation, or harvesting of agricultural crops who is not indigenous to, or domiciled in, the locale where so employed. (62) MIGRANT FARM WORKER CARRIER.--Any person who transports, or who contracts or arranges for the transportation of, nine or more migrant farm workers to or from their employment by motor vehicle other than a passenger automobile or station wagon, except a migrant farm worker transporting himself or herself or the migrant farm worker's immediate family. (63) BICYCLE PATH.--Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. (64) CHIEF ADMINISTRATIVE OFFICER.--The head, or his or her designee, of any law enforcement agency which is authorized to enforce traffic laws. (65) CHILD.--A child as defined in s. 39.01, s. 984.03, or s. 985.03. (66) COMMERCIAL MOTOR VEHICLE.--Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle: (a) Has a gross vehicle weight rating of 10,000 pounds or more; (b) Is designed to transport more than 15 passengers, including the driver; or (c) Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.). (67) COURT.--The court having jurisdiction over traffic offenses. (68) GOLF CART.--A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes. (69) HAZARDOUS MATERIAL.--Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety, and property. This term includes hazardous waste as defined in s. 403..703(21). (70) STRAIGHT TRUCK.--Any truck on which the cargo unit and the motive power unit are located on the same frame so as to form a single, rigid unit. (71) TANDEM TRAILER TRUCK.--Any combination of a truck tractor, semitrailer, and trailer coupled together so as to operate as a complete unit. (72) TANDEM TRAILER TRUCK HIGHWAY NETWORK.--A highway network consisting primarily of four or more lanes, including all interstate highways; highways designated by the United States http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=... 1/4/2005 10....«..«...,.. �......,.......,.�,., . ..... .�.............vv ic.vvT i�.aaV✓>,v-iv�.�.l.iV 1 J 11 \+110.L .�VY Ea6 / V1 0 Department of Transportation as elements of the National Network; and any street or highway designated by the Florida Department of Transportation for use by tandem trailer trucks, in accordance with s. 316.515, except roads on which truck traffic was specifically prohibited on January 6, 1983. (73) TERMINAL.--Any location where: (a) Freight either originates, terminates, or is handled in the transportation process; or (b) Commercial motor carriers maintain operating facilities. (74) TRANSPORTATION.--The conveyance or movement of goods, materials, livestock, or persons from one location to another on any road, street, or highway open to travel by the public. (75) VEHICLE.--Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. (76) BRAKE HORSEPOWER.--The actual unit of torque developed per unit of time at the output shaft of an engine, as measured by a dynamometer. (77) MOPED.--Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. (78) NONPUBLIC SECTOR BUS.--Any bus which is used for the transportation of persons for compensation and which is not owned, leased, operated, or controlled by a municipal, county, or state government or a governmentally owned or managed nonprofit corporation. (79) WORK ZONE AREA.--The area and its approaches on any state-maintained highway, county- maintained highway, or municipal street where construction, repair, maintenance, or other street- related or highway-related work is being performed or where one or more lanes is closed to traffic. (80) MAXI-CUBE VEHICLE.--A specialized combination vehicle consisting of a truck carrying a separable cargo-carrying unit combined with a semitrailer designed so that the separable cargo- carrying unit is to be loaded and unloaded through the semitrailer. The entire combination may not exceed 65 feet in length, and a single component of that combination may not exceed 34 feet in length. (81) TANDEM AXLE.--Any two axles whose centers are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from, or both, a common attachment to the vehicle, including a connecting mechanism designed to equalize the load between axles. (82) MOTORIZED SCOOTER.--Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground. (83) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any self-balancing, two-nontandem- wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not CO) http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=... 1/4/2005 ---� . . ......»...b... 1 uE,v v v. v vehicles as defined in this section. History.--s. 1, ch. 71-135; s. 1, ch. 72-179; s. 1, ch. 74-213; s. 1, ch. 76-286; s. 1, ch. 77-174; s. 1, ch. 80-316; s. 23, ch. 82-186; s. 1, ch. 83-68; s. 1, ch. 83-164; s. 1, ch. 83-188; s. 1, ch. 83-298; s. 1, ch. 84-284; s. 9, ch. 85-309; s. 2, ch. 87-88; s. 5, ch. 87-161; s. 1, ch. 87-178; s. 1, ch. 87-270; s. 3, ch. 88-91; s. 2, ch. 88-93; s. 4, ch. 88-130; s. 63, ch. 89-282; s. 3, ch. 91-418; s. 8, ch. 94-306; s. 893, ch. 95-148; s. 1, ch. 95-247; s. 26, ch. 98-280; s. 2, ch. 98-308; s. 86, ch. 99-13; s. 80, ch. 99- 248; s. 5, ch. 99-385; s. 41, ch. 2000-152; ss. 67, 133, ch. 2002-20; s. 955, ch. 2002-387. Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright O 2000-2004 State of Florida. http://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=... 1/4/2005 SUP STORE TN OF CMTEF ,„,,& MINIBIKES ....... 4 F 0 R AF Li� � Electric Gas ,, Pocket Su er 0, ' fir, Scooters_H .�Scooters. 1Choppers � Bikes pi a Bikes �4ccessones Home » Scooters » Super Bikes Login I My Account I View CE Items in Cart: 0 » Subtotal: $0.00 About Us I Contact Us I FAQ I Policy I Privacy » Site Search Super Bikes IAIl Products !Sear ... ch__. j Super Bike X5 ZBRW Super Bike X5 ZKRW Super Bike X5 Z Gal SLIPERELIKEVOcr s iP rKEEy + ' Categories Scooters e �I » Electric Scooters ' 4fl C ,,a- ' ,i 4 t ��` 49C » Gas Scooters — » Choppers » Pocket Bikes Super Bikes la Out Of Stock 0 Add To Cart Add To C »Accessories , MSRP: $799.00 MSRP: $799.00 MSRP: $799.( Customer Care Our Price: $375.00 Our Price: $375.00 Our Price: $37! » About Us 49cc Power 49cc Power 49cc Powei » Contact Us Best Prices! Best Prices! 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