Loading...
HomeMy WebLinkAboutP & Z Packet August 12, 2009City of Cape Canaveral Community Development Department PLANNING & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE AUGUST 12, 2009 7:00 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: May 27, 2009. 2. Recommendation to the Board of Adjustment Re: Variance Request No. 09-03 to Allow a Six -Foot High Chain Link Fence Within 25 Feet of a Public Right -of -Way in the C-1 Zoning District, (8801 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 817.0 - David Gal, Applicant for Xtreme Fun, LLC, Petitioner. 3. Recommendation to City Council Re: Proposed Ordinance Amending Chapter 110 - Non -Conforming Structures - Kate Latorre, Assistant City Attorney. DISCUSSION 1. Senate Bill 360 - Transportation Concurrency Exception Areas - Barry Brown, Planning & Development Director. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City 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 rendered atthis meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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 at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com Date: August 6, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: August 12, 2009 P&Z Board Meeting We have two items requiring a recommendation and one staff presentation on this agenda. The first item is a request for a variance from our fence ordinance. Due to vandalism and break-ins, the owner of the Traxx Family Fun Center would like to extend the existing 6 ft. high chain link so that it encompasses the entire property. Our code only allows for a 4 ft. high fence within 25 ft. of the right-of-way. The request is for a six foot high fence within 25 ft. of the right-of-way. The second item is a proposed ordinance revision regarding non -conforming uses and structures. If you have questions about the code changes call Todd Morley, 868-1222. Lastly, I will provide an update on SB 360 entitled the "Community Renewal Act". See Memo to Cni incil in the packet. PLANNING & ZONING BOARD MEETING MINUTES MAY 27, 2009 A Regular Meeting of the Planning & Zoning Board was held on May 27, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Barry Brown Kate Latorre Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Planning Director Assistant City Attorney Board Secretary 1. Approval of Meeting Minutes: March 25, 2009. Ron Friedman requested that a statement he made at the meeting be added to the bottom of Page 3 to read as follows: "Ron Friedman stated that by prohibiting pole signs, the City would be doing a disservice to the business community. He noted and objected to the section on temporary signs that would allow an unlimited number and unlimited size of any kind of sign starting thirty (30) days prior to Election Day." Discussion followed: Motion by Harry Pearson, seconded by Donaia Dunn, to approve the meeting minutes of March 25, 2009, with the added statement by Ron Friedman. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception RPni in -t Nn nq-n i to Allnw tin-Prami(za (unci imntinn of Airnhnlir, Beverages in ti ie C-1 Zoning District, ;6395 N. Atlai �tii, Avei venue), Section i 26, Township 24 South, Range 37 East, Parcel 253.1 - John Porter for Banana River LP, Petitioner. Planning & Zoning Board Meeting Minutes May 27, 2009 Page 2 Chairperson McNeely read the agenda item for the record. Barry Brown, Planning Director, reported that this request was for a special exception to allow for the on premise consumption of alcoholic beverages; the property was the former Azteca Restaurant located at 6395 N. Atlantic Avenue; the property was located on the west side of A1A just North of Funntasia Golf and Games, between Holman Avenue to the South and Cape Shores Drive to the North; the property was zoned C-1; the surrounding zoning included: C-1 to the North, commercial in unincorporated Brevard County to the East, C-1 to the South, and R-3 to the West; surrounding uses included: Residential to the North, Lido Cabaret and Sky King Fireworks to the East, Fantasia Golf and Games to the South, and undeveloped property to the West. Mr. Brown advised that the appliapplicant `1�A/61ed the restaurant property S trrOtt d.i n mr—r, i t tke rt cant p. oF.. �y and .��.� �un�tny NI UFJ les Lo a t� tivt Lh, south and west; the applicant was currently renovating the building; this would be the new location for Boston Beef and Seafood; the property formerly had a special exception for the consumption of alcoholic beverages, but it had expired 18 months after the Azteca restaurant ceased operations. Mr. Brown explained that the City code calls for a restaurant to have a minimum of 200 seats in order to be exempt from the minimum 2,000 feet distance from another establishment serving alcoholic beverages; plans for the new restaurant called for 245 seats; the operator of Boston Beef and Seafood intends to utilize the front portion of the building for beef and seafood, and the rear of the building will be utilized for traditional full service dining. Mr. Brown stated that staff reviewed the special exception request and recommended approval, without conditions, based on the following facts: The proposed restaurant use, with alcohol service, was compatible and harmonious with the surrounding uses; this was simply regenerating a use that was r_.ompatihlP at the location for many years; the property is properly sized and shaped to handle traffic circulation; the local economy would be improved; as a property that had been in disrepair, would be renovated and brought up to code; it would create new employment; and increase the value of the property on the tax rolls; the proposed use would not have an advPrRP impact on the nat! lral eta /irnnmant nitblir infraotre i -t, we >r Nu 1�- a nt aou u%:Lut c, vt services. The Board members viewed a photograph of the property. Discussion followed regarding the submitted special exception request application. Mr. Friedman questioned the parking calculations. Mr. Brown advised that as far as he was concerned, since this property was already a restaurant with a special exception to serve alcoholic beverages, and still was a restaurant, and they were not increasing the size of the facility, this use was grandfathered -in. Planning & Zoning Board Meeting Minutes May 27, 2009 Page 3 John Johanson advised that the issue was that the City code needed to be followed. Mr. Johanson commented that it would be embarrassing to the applicant if he was perceived as getting special treatment. Mr. Brown verified that there was certainly none of that going -on. He explained that as a planner, that was the way he looked at something like this. Mr. Johanson commented that it was very important that the City Planner read the City code. Mr. Johanson cited certain code sections that applied to this request. regarding parking and the number of seating. Mr. Brown advised that he would go back and look at those requirements. The Board members held discussion regarding the requirements in the code for a special exception submittal not being met. The Board reviewed the special exception checklist, item by item, and verified whether or not the required criteria, information, and answers met the requirements of the code. nor Brown advised that he hard met with the applicant previously over another issue that was broader and more encompassing. It was then decided that the applicant would move forward at this time with the special exception to serve alcohol only. He explained that they were not performing a site plan review, merely going back and granting a special exception for alcoholic beverages that had been there in the past. Review of the application checklist continued. A lengthy discussion was held regarding parking and seating. Mr. Brown advised that if the previous special exception was granted for more than 200 seats then that was what was grandfathered -in. Discussion continued regarding whether or not the property was grandfathered. Mr. Russell advised that the use had stopped for a lengthy period of time and now it was coming back -in to be a restaurant again, but it could be argued that it has to meet the most recent code. Kate Latorre, Assistant City Attorney, clarified that this was not a non -conforming uCe; the use was allowed in the C-1 zoning district, with a granted special exception. What may be grandfathered was the parking, how many seats vs_ square footage calculation. She was satisfied that the Building department would review and enforce the current parking requirement, and the Board should not worry about the technical numbers. She clarified that they absolutely had to have a minimum of 200 seats in order to be entitled to the special exception, otherwise there were distance requirements from like P.qtahlishm _ntc that XA/()i ilri come into play, along with the possibility of other requirements. Mr. Porter, Applicant, advised that next door at the miniature golf course, they have 75 parking spaces which in 20 yrs. they had never used all 75 at any one time; in fact they only use half of those spaces, therefore there was another 35-37 spaces that go unused 100% of the time which could be used for the restaurant if need be. He testified that if they wanted to go over 200 seats he would qo to the building department and make sure they do the proper paperwork to cover that. There were also grass areas on either side of the restaurant. Lamar Russell pointed -out that the restaurant and parking was existing, and if Mr. Porter wanted to open his restaurant he could do so in the configuration it was. He clarified that he was only asking for a special exception to serve alcoholic beverages, Planning & Zoning Board Meeting Minutes May 27, 2009 Page 4 Discussion was held regarding the State requirements of a liquor license and the requirements of the City code regarding seating capacity. Chairperson McNeely pointed -out that he would need to meet the requirements of the State and the City in order to obtain the liquor license. John Johanson pointed -out a couple of issues with the site plan and the building layout. He voiced his opinion that everything needed to be corrected before the request was forwarded to the Board of Adjustment. He advised that the Board members needed to decide whether or not they wanted this to come back or move it forward. He advised that the code called -out what items are required on the site plan and the building layout. The Board discussed imposing the aforementioned as a condition. More specifically, show a seating layout with 200 seats that shows how they equate to 68 parking spaces shown on a site plan; and rlra%ni a sae elan nor qertinn 110 of +ho (`;+ i nnri ( �m�r DI nIl nr�ri -+'u�' Nv' v� t1 ��.. vlt�/ l,v�J e. LGI mai 1 \�JJ�`ill GI Ill John Johanson gave the applicant an overview of what needed to be shown on the plans to meet the code requirements. Chairperson McNeely read conditions that the Board discussed as follows: There is to be 200 seats; the parking needs to be consistent with the seating, and needs to meet code; and the building plan and site plan need to conform to Section 110-171. Discussion followed regarding the items that the P & Z members did not receive that would be forwarded to the Board of Adjustment. Kate Latorre reviewed the code requirements for what needed to be shown on the site plan. John Porter, applicant, advised the Board that he would be happy to forward a copy of the updated site plan that will be forwarded to the Board of Adjustment. Discussion continued from various Board memhers that did not feel c:nmfnrtahle sending this application on to the Board of Adjustment with so many errors and omissions. Mr. Porter advised that this request was time sensitive. Discussion continued. Motion by Lamar Russell, seconded by Harry Pearson, to recommend the special exception to the Board of Adjustment with the conditions previously stated by Bea McNeely. Harry Pearson reatiestpri that thA rnnriitinnc hp rPe+atlarl Wnfe Latorre stated the conditions as follows: • That the parking shall conform to the number of seats. • A minimum of 200 seats are required to meet the requirement of the code. • The plans submitted to the Board of Adjustment shall be compliant with the requirements of the City code, specifically Section 110-171. • The application must be updated to reference only the request for alcoholic beverages; all other references shall be stricken. Discussion followed. Mr. Brown advised that staff would review the applications mre r.Irncel\/ t(1 Pnst irP thinvf maar nrip nr h� 1AA11 ro+irri+ hnnL,n+hnnf �r.rair +r+ Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes May 27, 2009 Page 5 OPEN DISCUSSION Barry Brown, Planning Director, thanked everyone for their participation in the visioning. He was very pleased with the turnout. The next workshop would be held on June 11th, at 6 p.m., in the Radisson Resort Pavilion. He gave an overview of what that workshop would entail. Lamar Russell advised that he was going on vacation to Alaska over the next three weeks, therefore may not be at the next meeting. Thnr hni.ng no further business the meeting was adjourned at -Q:35 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Planning and Zoning Board August 12, 2009 STAFF REPORT Request: For a Variance to allow for fence to be 6 feet in height rather than the four feet called for in Sec 110-470(3) of our code. Applicant and Owner: David Gal Subject property: The Traxx Family Fun Center located at the northwest corner of Al and Central Blvd. Future Land Use and Zoning designation: C-1 Commercial. Surrounding zoning: North — C-1, Commercial East — C-2, Commercial South — C-1, Commercial West — R-3, Residential Surrounding uses: North — RaceTrac East — Sheldon Cove South — Zachery's Restaurant West — Puerto del Rio condominium Description: The Traxx Family Fun Center is an amusement center that includes: go- carts, golf, arcade games, batting cages, and laser tag. A six foot high chain link fence is rsirrently located along the west, north, and portions of the east (Al AN and south (Central) sides of the property. A multiple colored wood fence is currently installed along the remaining portions of the east and south sides of the property at the intersection of A1A and Central Blvd. Because of theft and vandalism, the applicant would like to extend the 6 ft. high chain link fence along the remainder of the east and south boundaries to completely enclose and secure the property Section 110-470(3) of our code states: (3) Tn any commercial or industrial district, no fence or wall in any side or rear yard shall be •,.>1� of • �, -Peet • �, i �:.,,�yy �� t , over ei 41L 1; Pet ill tleiglll or fi i'er 1Jur l:.vL ill 11e1g11L 11 vL'I in GJ 1GGL U1 ally N.. u1iL, light -of -Way. vv hen the boundary of a comrnerciai or industrial zoning district abuts any residential zoning district, and a fence or wall is used to meet the requirements of section 110-566, the fence or wall shall have a minimum height of six feet and a maximum height of eight feet; M According to our code a fence may only be 4 ft. high if located within 25 ft. of the right- of-way. Therefore, the applicant will need a variance to install the requested 6 ft. high chain link fence within 25 ft of the right-of-way. Please see the application and attached reports from the Brevard County Sheriffs Office. While I think our code is appropriate in most cases, I can see where this type of use has special security needs not anticipated by the code. Other businesses in town have equipment that might be the target of thieves, but this type of use probably has more equipment and machines that are desired by thieves. The amusement center does not operate 24 hours per day nor does it have on-site security 24 hrs/day. Also, Funntasia, the other amusement center in our City, has a 6 ft. high chain link fence around the perimeter of its operation. In addition, the chain link fence is probably more safe from a child containment standpoint than the existing fence. Staff Recommendation: Staff recommends approval with the condition that the existing multi -colored wooden fence be removed. ARTICLE II. PROCEDURE; LAND USE DECISIONS* Page 1 of 1 Sec. 110-37. Procedure. (a) The planning and zoning board shall be required to review all variance applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable variance criteria set forth in this section. (b) Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. (c) All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criteria: (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (d) Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved or any use expressly or by implication prohibited by this chapter. (Ord. No. 11=2005, § 2, 6=21=05) http://Iibrary8.municode. com/default-test/DocView/12642/ 1 / 194/ 196 8/6/2009 City of Cape Canaveral APPLICATION FOR VARIANCE Variance Request No. 09-03 to/ -)w a 6ft. high fence in the G I' zoning district - Jungle Villagf 8801 Astronaut Blvd. Date Filed (o- 0-09 Fee Paid) ' _ Filing Fee is non-refundable Description of Request: (Insure that the specific sections of the Zoning Ordinance at ,ryallow & support your request are noted). Attach separate sheet if necessary. —T .11 i - - P It i _ Address of req Leval Description: Lot(s) .,�. Block` , Subdivisions 9 Ck?rr1 . 24 371500 817TOWnShlp PT OF RECLAIMED LANDS AS DESC IN Section 15 Range, _1*a See Tax Roll for extra legal. STATEMENT OF FACT: State of Florida, County of Brevard being duly sworn, depose and say that: _ I am the owner. I am the owner(s) designated agent.(Attach notarized letter of authorization). Owners Address Home Phone: Work Phone: All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before me on this day oG) __. t- � �� AI Notary�� u' b'ic, State of Florida Signature of App7iS, L. cal LL MARGARET C. HANcpCK Notary Public, Mate of Florida COMMicsin^# D"AVO1l MY COMM. exnlra. rnR� — . �". ca, dulI The completed request form and the $250.00 filing fee must be files as follows: Requests for Variance, 14 days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the PIanning & Zoning Board. FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No. Notice posted on Bulletin Board on Notice posted on subject property on Property owners w/in 500 ft. notified on Variance Application/ Aug. 00/ Page 1 of 4 on -iance Request No. 09-03 allow a 6ft. high fence in the C-1 zoning district - Jungle Village VARIANCE APPLICATION WORKSHE3 8801 Astronaut Blvd. This worksheet must be completed, legible, and returned, with all required enclosures referred to therein, to the Building Department; at least 14 days prior to the scheduled meeting to be processed for consideration by the Planning and Zoning Board for study and recommendation to the Board of Adjustments. You and your representative are required to attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning & Zoning Board holds its regular meeting 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, unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT (attach notarized letter of authorization if not actual owner) 2. PROPERTYADDRESS OF REQUEST, (if address is/riot available, give general location) 24 371500 817 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: PT OF RECLAIMED LANDS AS DESC IN See Tax Roll for extra Ierial. Lot: Block: _ _._ Subdivision: Parcel: FMSection! Twp. 2- L Rge. 4. Size of Subject Property (calculate acreage): 5. Ordinance Section under which Variance is being sought:_ 110-470 6. Current Zoning Classification of Subject Property: 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information - 8. VARIANCES ARE TO BE AUTHORIZED WI-IFRE THEY ARE NOT CONTRARY TO THE PUBLIC INTEREST AND WHERE, DUE TO SPECIAL CONDITIONS, A LITERAL EI�TFORCEhiETv`T OF THE TERMS OF ''HE oRT)p,NCE i�VOLTLD P.ESULT LN UNNECESSARY HAPI)SHIP. THE ORDINANCE SETS FORTH SPECIFIC CONDITIONS WHICH MUST ALL BE DEMONSTRATED BY THE APPLICANT BEFORE THE BOARD IS EMPOWERED TO GRANT TT -TP', -7 AI?LkNCE. PLEASE ADDRESS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING, THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/ Aug.00/ Page 2 of 4 THE CONDITIONS ARE AS FOLLOWS AND ITEMS (A) THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. 4 t_�Y's�4.fiJp,�i gC98,i �G Yv; h` W \ 4i 1- wig A,5 6 B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. M D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or buildings in the same district. Variance Application/ Aug. 00/ Page 3 of 4 E. That the reasons set forth in the application justify- the granting of the variance, and that the variance, if granted, is the m„i,,,urn that would make possible use of the land, building or structure. VA Y— F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. WHILE THESE CONDITIONS MAY SEEM UNDULY HARSH AND STRINGENT TO THE INDIVIDUAL APPLICANT, IT MUST BE REMEMBERED THAT THE ZONING ORDINANCE WAS ENACTED FOR THE BENEFIT OF THE COMMUNITY AS A WHOLE BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY DEVELOPMENT. IT SHOULD BE NOTED THAT THE DIFFICULTIES OR HARDSHIPS RELIED UPON MUST BE UNIQUE TO THAT PARTICULAR PROPERTY (E.G., PECULIAR LOT SHAPE) NOT GENERAL IN CHARACTER, SINCE DIFFICULTIES OR HA R T-).cM �S SHgpED WITHOTHERS II.3 THE ARTA GO TO THE REASONABLENESS OF THE ZONING GENERALLY, AND WILL NOT SUPPORT A VARIANCE. IF THE HARDSHIP IS ONE THAT IS COMMON TO THAT AREA, THE REMEDY IS TO SEEK A CHANGE OF THE ZONING CLASSIFICATION FOR THE NEIGHBORHOOD. 7. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents must be attached to this submittal. a. Notarized affidavit of all property owners. U. Cl Teck f or u e required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNTED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURATE BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD AND BOARD OF ADiUSTi'v=. APPLIC� PRINT N Variance Application/Aug.00/Page 4 of 4 9 rum TV HI I fi F a g �i f c sc Dd `Ot tf 6210-1N3Yr'3SV3 7doj ,0t NOLLVD07 03W. / Inti — — / U ocy �Y n / I t / / I G ' I / / o ONUItIVd 0 Cb .a•BL .�,6 ,i't4 I Ki QhL9•C d7M 0 a �b co ci ' d7M I v i oZ V A117 d7, ? 0 S NOD / /� (b 0 (d.(L)dWLr 1 c17M 0 1 30bO ONlllVP 1 J % 37 HO/H%M ONOO I I / R-p C14 ef f T � � ' 0 (7M / I i tai rn � , � � � �. �`•_ � � ��o �,� I ,89 iti 4 d7M 0 �\ J (d7M 37Od; 370.9 I b v rLi QM. S { I M/S ONOO, 9 od X6VA, 9ERN AAC 8801 Astronaut Blvd. Cape Canaveral, FL, 32920 321-783-184 City of Cape Canaveral 7510 N. Atlantic Ave. Cape Canaveral, FE 32920 June 25, 2009 ` RE: Plan Review Variance Currently 80% of the property perimeters are enclosed with a 6 ft. chain link fence and the golf area enclosed with a 4 ft. wood fence. Our security plan involves the installation of a 6 ft. chain link fence around the remaining 20% of the property coupled with a strategically designed high tech alarm system encompassing the entire property that will curtail if not completely eliminate the late night vandalism and break-ins occurring at our facility that has been targeted by teens and young adults. We are requesting the variance to provide safety for our facility when not in operation. Granting our request will likewise offer assistance to the City of Cape Canaveral Police Department in apprehending possible perpetrators. The attached police reports will validate our losses (income and equipment) and the need for additional security measures to protect our property. Sincerely, David Gal Oshri Gal Owner Corporate Warranty Deed This Indenture, made, May 1411, 2004 A.D Between Jaybar Amusement, Inc. whose post office address is: 8801 Astronaut Boulevard, Cape Canaveral, FL 32920 a corporation existing under the laws of the State of Florida, Grantor and Xtreme Fun, LLC, a Florida Limited Liability Company whose post office address is: 185 Cocoa Beach Causeway, Cocoa Beach, FL 32931, Grantee, Scott Ellis ,erk Of Courts, Brevard County 4Pgs:2 #Names:2 Trust: 1.50 Rec., 8.00 Serv: O.Oo Deed: 17,500.00 Excise: 0.00 Mfg: 0.00 Int Tax: 0.00 N���B�IJ�II��II�I�IJIf I�JIN�IaIIN�III�N��IJ�J CFN:2004164373 05-25.2004 01:44 pm OR SooklPage: 5305 / 1185 Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00 ), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of Brevard, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION Subject to taxes for the current year, covenants, restrictions and easements of record, if any. Parcel Identification Number: 24-37-15-00-817 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year fust above written. Signed nd ealed in Our Presence: wtrnes. Ftlae Name:_ KAREN R State of Florida County of Brevard 7 Jaybar Inc. c By: Harriet L. en Its: President (Corporate Seal) The foregoing instrument was acknowledged before me this 144g4- day of May, 2004, by Harriet L. Allen, the President of Jaybar Amusement, Inc. A corporation existing under the laws of the State of Florida on behalf of the corporation, He/She is personally known to me or has produced drivers license as identifcaiiory (Seal) Nol 4.Pa d Name: JOHN I KQ800RD, +l R. Prepared by: ,t AeA-uM 4v'. Karen Reeves, Superior Title Insurance Agency, Inc., 1980 N. Atlantic Avenue, Suite 807 Cocoa Beach, Florida 3293I File Number: 04-1351 Closees Choice Florida Corporate Deed/Lettcr. My Commission Expires:: OV MM J. KABSOORD, A MY COMMISSION # DD 194324 t• EXPIRES: May 11, 2007 aaeeetr 1rt0WyPOOk Un' - TWn Page 1 of 1 t 0 L sa.VD� o m� 24- 7-15-00-00817.0-0000.0 Zoom CCQltfl C)WE1Efp i rSSpPI' Address @arrc! identifier To 1 — erial 441264 TREME FUN 801 ASTRONAUT 4-37-15-00-00817.0- LLC BLVD 000.0 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=200906... 6/30/2009 gd9bN1��Xd@!�➢�NORBook/Page: 5305 / 1186 DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID SECTION 15 AND THE WEST RIGHT—OF—WAY LINE OF STATE ROAD AIA, A 100.00 FOOT RIGHT—OF—WAY,• THENCE S. J72224' E.. ALONG SAID WEST RIGHT—OF—KAY LINE, FOR A DISTANCE OF 1255.12 FEET TO THE POINT OF BEGINNING; THENCE CONT71VUE S. 37-22-24- E., FOR A DISTANCE OF 452.06 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY AND SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE AND THE NORTHERLY RIGHT—OF—WAY LINE OF CENTRAL BOULEVARD, UNDEDICATED, HAVING A WIDTH OF 100.00 FEET, THRU A CENTRAL ANGLE OF 100'00'12 FOR A DISTANCE OF 43.63 FEET., THENCE CONTINUE ALONG SAID CENTRAL BOULEVARD RIGHT—OF—WAY, S. 62"37'48" W.,,. FOR A DISTANCE OF 336.52 FEET TO A POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 561.05 FEET,• THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 14'57'08. FOR A DISTANCE OF 146.42 FEET; THENCE N. 372224" W., FOR A DISTANCE OF 374.37 FEE%, THENCE N. 52'37'36" E., FOR A DISTANCE OF 500.00 FEET TO THE ' POINT OF BEGINNING. Law Call #091040055 Detailed History for Law Call #091040055 As of 6/23/2009 08:41:01 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL 104/14/2RO�9 �01:01-09 SUPR 0347 Entered:164/14/20o -.41 F 9 �oi-62� s76p_R 0347 Dispatch:104/14/2009 01:03:211 [EAST [5-94-2] 104/14/2k079_0_1_.-03.2_7] EAST0942 Onscene:104/14/20-09-0-1--05---0-71 FE—As-T] 09-4-2 Conti o1:104/14/20-09-0-1-.-1-1.275EAST F0-94-2 �104/14/2009 ]EASTE942 PrimeUnit:536 Dispo:C7 Type:21B - BURG BUSN Agen1cy:BCSO Precinct:CP Zone:37 Zone:37 Case #:B09113859 Ev']Detail Page I of I 01:01:09 CREATE 0347/SUPR Location:8801 ASTRONAUT BL,CC Tvpe:40B Name:EXTREME FUN Phone:3216980134 Source:ADMI Precinct:CP GZone:37 TypeDesc:ALARM BUSN LocCross:btwn W CENTRAL BL and IMPERIAL BL Priority:2 Agencv:BCSO LocType:S 01:02:41 ENTRY Urgency:None-->R Comment:AUD IND GOLF DOOR.. T88 IS T51 UNK NAME IN A AVALANCHE SIL ETA 10-15 MINS.. ABSOLUTE PROTECTION TEAM 800 432 1429 OPER/MIKE 01:02:41 -PREMIS Comment:PPR 01:02:42 NOMORE 01:02:58 SELECT 0942/EAST 01:02:59 INFO 0347/SUPR Comment:RIEF # 9979172 01:03a21 DISP 0942/EAST �3-c-Deptir):07830perNames:HOLMES, JASON 01:03:21 -PRICY 536 01:03:21 -CASE 536 Case#:B09113859 01:03:21 -HOLD 01:03:27 BACKER 506F_ Unit[D:536 Dentll):0078 ODe rNa m es: STAFFORD- HAROLD 1, 01:03:34 ENRTE _536 01:04:45 BACKUP K3 DeptID:0609 OperNa m es: FRITZ, BRIAN 01:04:46 ENRTE K3 01.05:07 ONSCN 536 01:05:10 ONSCN 506E 01:06:05 ONSCN K3 011:11.24 (1K 536 K3 5061 01:16:41 PRMPT K3 01:18:06 OK 536 506E Comment:T13 T4 01:20:12 MISC 5,36 Comment:WE JUST REACTIVATED ALARM 01:23:48 CONTCT nzM 506E Coiaact:15 011:41:44 - OK 5,1'36 iti Comment:T13 T4 01:47:30 CONTCT 4 _3 65 5_4 6 _F ("n n t 2 c f: 15 01:48:24 CHANGE 513(_ T_'upp:4011­2111 Prioritv.2-->3 Type tsc: ALARM BUSN-­BURG BUSN 01:48:34 CLEAR '536 Dispo:C7 Comment:ATTEMPTED 21B 01:48:34 -PRIU 56 01:51:28 CLEAR 5 0 6 EEE 01:51:28 -CLEAR 01:51:28 CLOSE http://10.3.0.13/CADPRD/Html/SystemDocs/CADInterface.aspx?IHQ+%23091040055 6/23/2009 Law Call #U81620148 Detailed History for Law Call #081620148 As of 6/23/2009 08:37:39 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL [06/10/2008 04:53:02 FSU7PR 0447 Entered:106/10/2607 o4-54.36 R�_447 18 WRF6 Dispatch:106/10/29-0-8-04--5-5.] -12 EAST FO ---0-561 Enro€ate: 06/10/2008 F 04:55:12 EAST 0056 Onscene:106/10/2608 04.58-21 EAST 0056 Control:106/10/20O 05.58�.-23F EAST �8 E_A7S -4-51] Closed:106/10/200811:27:02 SUPR 0372 PrimeUnit:537 Dispo:C7 Type:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08167215 10 -Detail Page I of 2 04:53:02 CREATE Location:8801 ASTRONAUT BL,CC Type:40B Name:EXTREME FUN Phone:3217830595 05:02:48 MISC Precinct:CP GZone:37 TypeDesc:ALARM BUSN LocCross:btwn W CENTRAL BL and 05:02:59 BACKOS IMPERIAL BL Priority:2 Agency:BCSO LocType:S 04:54:36 ENTRY Comment: AUD IND..MAINTENANCE GATE AND GARAGE OVER HEAD DOOR 05:14:12 MISC ABSOLUTE PROTECTION 8004321429 ID/CHARISE 055:16:36 MISC T88 T52 OSHRI GAL T52 15 MINS IN A SILVER AVALANCHE 05:16:46 MISC REF #33900161 04:54:36 -PREMIS Comment:PPR 04:54:37 NOMORE m37 Coin ment-COME. Tn THE BACKDOOR 04:54:45 SELECT Com men t:205E, IS THE TRACK DONE 04:55:12 DISPER 537 Deptl D:0924 OperNaines:STEUERWALD, ADAM R 04:55412 -PRIU 537 04:55:12 -CASE 537 Case#:B08167215 04:55:15 -HOLD 505F Com m en t- PAGED ON CALL CC GCU AGENT LANDEN 6/l0/08,'*)05-20 HRS ID 447 04:58:21 ONSCN 5_37 05:02:48 MISC 537 Comment:T33 05:02:59 BACKOS 20",F. LJOUD:537 Dept1D,-0307 OperNames:MOSEBACH, THOMAS 05:14:04 BACKOS K3 Unit[D:205E DeptID:0609 OperNa m es: FRITZ, BRIAN 05:14:12 MISC 5137 Comment -WERE STARTING A TRACK OUTSIDE 055:16:36 MISC _5 , / 37 Comment:1 DONT SEE HOW THEY GOT THROUGH THIS WINDOW 05:16:46 MISC 205E Com ment: UNSURE 05:21:44 MISC 513.1, Comment:THEY CUT IN THROUGH THE CEILING BACK HERE 05:21:50 MISC m37 Coin ment-COME. Tn THE BACKDOOR 05:24:08 MISC Com men t:205E, IS THE TRACK DONE 05:24:30 MISC Comment:537, CHECKING THE REST OF THE AREA CLEAR THE CHANNEL 05:27:18 BACKUP 505E UnitID:537 DeptID:0527 OperNames:ROSS, JOANNA 05:27:25 ONSCN �05E 05:27:40 MISC 505F Com m en t- PAGED ON CALL CC GCU AGENT LANDEN 6/l0/08,'*)05-20 HRS ID 447 054.38:25 - -3 ( R. E F SL-rVi--:P Cal1.-#f)8 1 £--rfls I E,A T—p-45K Acy_ncv:BCQ0 05:38:30 PRIMPT K3 05:38:45 BACKOS K3 UnitID:205E DeptID:0609 OperNam es: FRITZ, BRIAN 05:39:18 *CLEAR 205E 05:43:06 CHANGE Type:40B-->21R Prioritv:2-->3 TypeDesc:ALARM BUSN-->BURG RESD C-ornmentUPER 505E 05:44:20 CHANGEz z05E Type:21R-->21B TypeDe BURG RESD-->BURG BUSN sc: 05:56:39 BACK-UP 651 UnitID:505E DeptID:0048 OperNames:LANDEN, JAMES J 05:58:23 OK K 3 5 () 5E http://l0.3.0.13/CADPRD/Html/SystemDocs/CADInterface.aspx?IHQ+%23081620148 6/23/2009 Law Call #081620148 Page 2 of 2 06:07:34 MISC 505E Comment:8801 N ASTRONAUT NEED CRIME SCENE 06:11:51 ENRTE 651 06:13:53 MISC 505E Comm ent:PAGED ON CALL CRIME SCENE AGT MATTHEWS TO RESPOND 06:18:17 CONTCT �37 Contact:0 06:18:24 CONTCT K3 Contact:0 06:22:09 ONSCN 651 06:22:13 OK 651 06:28:49 CONTCT 50,5E Contact:0 06:39:30 BACKER 7:74 UnitID:505E Deptll):0491 OperNames:MATTREWS, CANDACE D 07:00:50 CONTCT 651 Contact:0 07:20:40 ONSCN 724 07:24:46 BACKOS 501 UnitID:537 DeptID:0043 OperNames:LUDWIG, JEFFREY A 07:50:04 PRMPT K3 07:50:10 CLEAR 5_1 77 D i s p o: C 7 07:50:10 -PRIU 5,37 07:54:43 BACKOS 136 UnitID:651 DeptID:0078 OperNam es: STAFFORD, HAROLD L 07:54:53 BACKOS 135 UnitID:136 DeptID:0219 OperNames:DEANS, BRENDA 07:56:40 CONTCT -501, Contact:0 07:56:56 CONTCT 724 Contact:0 08:15:10 CONTCT L35 Contact:0 08:15:18 CONTCT !36 Contact:0 08:16:27 CLEAR 50:x- , E 08:20:07 BACKOS 6_58 UnitID:135 DeptID:0643 OperNames:BIECKER, MICHAEL S 08:51:07 OK 658 09:06:56 PRAIPT 135,658 09:30:36 *CLEAR 136 09:36:54 PRAIPT 5101 09:48:01 OK 724 10:11:23 CONTCT 7.24 Contact:0 11:24:55 CLEAR 6, 51 i 11:27:02 CLEAR -124 11:27:02 -CLEAR 11:27:02 CLOSE h"-//] 0-301 I/CADPRD/T4tm]/Qv.-,temDoc-/C`ADTnterf2ce..q.-,nx?TTTO+%23091620149 6/21/2009 Law Call #081280032 Detailed History for Law Call #081280032 As of 6/23/2009 08:35:25 Priority:2 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL Created:105/07/2008 00:51:53 TTY F04177 Entereei:105/07/2008 00:53:17 TTY 0-4-17 Dispatch:105/07/2008 00:54:02IEAST FO -7-46] 105/07/2008 00j54:02 EAST 0746 Otascene:105/0712008 01:00:131FE-A7STFO-7-46] Control:105/07/2008 01:01:53 EAST F07_46] 105/07/20-08-0-2--5-4. 1-0 EAST 0746, PrimeUnit:537 Dispo:C7 Type:21B - BURG BUSN Agencv:BCSO Prechict:CP Zone:37 Zone:37 Case #:B08131274 R Detail 00:51:53 CREATE 0417/TTY 00:53:17 ENTRY 00:53:17 -PREMIS 00:53:22 NOMORE 00:53:40 SELECT 0746/EAST 00:54:02 DISPER 00:54:02 -PRI-U 00:54:02 -CASE 00:54:14 -HOLD 00:54:25 BACKER 00:59:30 PRIOR 01:00:13 ONSCN 01:01:53 OK 01:01:57 CONTCT 01:02:33 MISC 01:03:08 OK 01:03:11 CONTCT 01:05:32 BACKER 01:06:24 MISC 01:08:36 ONSCN 01:19:01 CONTCT 01:25:15 OK 01-34-56 OK 01:39:18 PRMPT 01:39:20 -XREF 01:40:09 CONTCT 0144:15 CLEAR 02:05:14 OK Page I of 2 Location:8801 ASTRONAUT BL,CC Type:40B Name:BEACH WAVE Phone:3217830595 Precinct:CP GZone:37 TypeDesc:ALARM BUSN LocCross:btwn W CENTRAL BL and IMPERIAL BL Priority:2 Agency:BCSO LocType:S Comment:AUD IND/WEST GAME MOTION..ABSOLUTE PROTECTION TEAM ..800 432 1429 OPER/88 ... REF/44231 1 OO..ATC BUSN NO ANSWER..ATC T88 OSHRI GALL T52 15 MINS LSD/SIL AVALACHE.. Comment:PPR ,;3'7 DeptID:0215 OperNam es: STEWART, PAULETTE -5,37 537 Case#:B08131274 S -06E UnitID:537 Dept[D:0991 OperNames:DIOGO, JASON C Location:8801 ASTRONAUT RL_CC Prc-mTvnp-PPR 5371 _506E 51j7 .1506E Comment:CANNOT MAKE ENTRY T23 FOR T88 537 5(1611_,Contfkeft:30 S06L Com menvPER ALARM COMP. BEACH WAVE IS KIOSK INSIDE JUNGLE VILLAGE 37 506E Comment:T88 T12 ---- - -- E Contact:15 K3 UnitID:506E DeptID:0609 OperNam es: FRITZ, BRIAN 537 Comment:ADV T54 ON NEEDING CHANNIEL(ALARM GOING OFF IN BACKGROUND) K3 X37 K3 �7,06E Contact:5 55'37 k 3 '�16F Cnmmpnt:T4 PER 506E 6F Comment:T4 Ips Service:P Call:#081 21800% Type:65K Agency:BCSO Comment:BLD AND AREA SEARCH 5,37 506E Contact:O 9X7 http://l0.3.0.13/CADPRD/I-Ittnl/SysteniDocs/CADInterface.aspx?IHQ+%23081280032 6/23/2009 Law Call #081280032 02:05:19 CONTCT 02:42:50 CLOS 02:54:10 CLEAR 02:54:10 -PRN 02:54:10 -CLEAR 02:54:10 CLOSE 537 Contact:O W Location: RACETRAC,CC Comment:T17 537 Type:40B-->21B Dispo:C7 537 httn - //10 -1 - 0 -11 ICA DPR D/T4tm I /Sv-,ff-mDov,-./C A DInterfigre, _,q -nx?TT-TO+O/.?.l 09 1 ?,ROO 3? Page 2 of 2 6/?1/9,009 Law Call #081190263 Detailed History for Law Call #081190263 As of 6/23/2009 08:35:00 Priority:3 Type:21B - BURG BUSN Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL Created: 04/28/2008 09:33:111 DMCPC 0753 Entered: 04/28/2008 09:33:I1 DMCPC 0753 Drspatcla:04/28/2008 09:33:11 DMCPC 0753 Enronte: 04/28/2008 09:33:11 DMCPC 0753 Onscene:04/28/2008 09:33:11 DMCPC 0753 Control: 04/28/2008 09:46:43 EAST 0560 Closed: 04/28/200$ 11:03:45 EAST 0560 PrimeUnit:136 Dispo:C7 Type:21B - BURG BUSN Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08122043 !moi Detail Page 1 of 1 09:33:11 *CREATE 0753/DMCPC Location:8801 ASTRONAUT BV, CP 09:33:11 *ENTRY Type:None-->21B Precinct:None-->CP TypeDesc:None-->BURG BUSN Priority:None-->3 Agency:None-->BCSO Comment:HAVE DEPUTY RESPOND TO ABOVE LOCATION, MAKE T25 W/GILLY FRANCO AT FRONT OF 505, UnitID:136 DeptID:0024 OperNarr mCRANE, RONNIE BUSINESS 09:33:11 *DISPOS 582 Location:8801 ASTRONAUT BV, CP DeptID:0753 OperNa m es: MOODY, 136 AMY 09:33:11 -PRIU 5112 09:33:11 -CASE -2 Case#:B08122043 Comment:HAVE DEPUTY RESPOND TO ABOVE 1_6 Dispo:C7 LOCATION, MAKE T25 W/GILLY FRANCO AT FRONT OF BUSINESS 09:32:46 -PREMIS Comment:(none) 09:33:40 *MISC 5FC Corn men t:C:ALLER GILLY FRANCO ADVISED HE CAME IN TO OPEN BUSINESS AND DISCOVERED SOMEONE HAD BROKEN THE WINDOWS Location:8801 ASTRONAUT BV, CP -->8801 ASTRONAUT BL,CC AND MADE ENTRY, UNKNOWN WHAT ITEMS HAVE BEEN TAKEN, HE GZone:None-->37 Zone:None-->37 HAS NOT ENTERED BLDG, WILL WAIT FOR DEPUTY 09:35:31 PRMPT 0560/EAST 582 09:35:31 -HOLD 5:84 09:35:36 SELECT 09:36:36 DISPER s 36 DeptID:0078 OperNam es: STAFFORD, HAROLD L 09:36:36 -PRIU 09^36:36 =HOLD 09:36:56 BACKER 505, UnitID:136 DeptID:0024 OperNarr mCRANE, RONNIE 09:39:45 ONSCN S115A 09:42:16 ONSCN 136 09:46:43 OK i36 505; 09:56:46 PRMPT 505,E 11:03:45 CLEAR 1_6 Dispo:C7 11:03:45 -PRIU 136 11:03:45 -CLEAR 11:03:45 CLOSE 11:05:27 REDH2 Location:8801 ASTRONAUT BV, CP -->8801 ASTRONAUT BL,CC GZone:None-->37 Zone:None-->37 11:04:37-PREMIS Comment:PPR 11:05:30 CV http://l0.3.0.13/CADPRD/HtrnPSysteniDocs/CADInterface.aspx?IHQ+%23081190263 6/23/2009 Law Call #080730370 Detailed History for Law Call #080730370 As of 6/23/2009 08:34:42 Priority:3 Type:34 - CRIMINAL MISCHF Location:8801 ASTRONAUT BL,CC LocCross:btwn W CENTRAL BL and IMPERIAL BL Info-JUNGIT VILLAGF, Created;103/13/2008 F 10-43.24]UPR] 0372 Entered:03/13/2 WF__ 1F)Oi 10 - �44 - 42FSUPR 0372] Dispatch:-------_ 0451] 103/13/2 4 EAST Enroggte:03/13/200810:52:20 EAST 0451 Onscene;03/13/2 0 --------]EASTF- 1451] Closed: 03/13/200811:06:00 =EAST 0451 Prin)eUnit:506A Dispo:18 Tvpe:34 - CRIMINAL MISCHF Agency:BCSO Precinct:CP Zone:37 Zone:37 Case #:B08073295 R Detail Page I of I 10:43:24 CREATE 0372/SUPR Location:8801 ASTRONAUT BL,CC Type:34 Info:JUNGLE VILLAGE Name:GAL, OSHRI T25 RPaddr:8801 ASTRONAUT BL, CC Phone 3216980134 Source:ADMI Precinct:CP GZone:37 TypeDesc: CRIMINAL MISCHF LocCross:btwu W CENTRAL BL and IMPERIAL BL Priority:3 Agency:BCSO LocType:S 10:44:42 ENTRY Comment:RP IS OUT FRONT UNK SUBJS TRIED TO GAIN ENTRY LAST NIGHT BY BREAKING THE LOCK..ENTRY NOT GAINED TO HIS KNOWLEDGE 10:44:41 -PREMIS Comment:PPR 10:44:42 NOMORE, 10-46:13 SELECT 0451/EAST 10:47:44 DISP 59'KA DeptID-0200 OperNaames:BARTNIK, TERRY 10:47:44 -PRIU -506A 10:47:44 -CASE Case#:B08073295 10:47:38 -HOLD 10:52:20 ONSCN 10:59:58 CON CT' _"q a 0A 11:06:00 CLEAR 506A Dispo-18 Com ment-POSS WEATHER RELATED 11:06:00 -PRIU 506A 11:06:00 -CLEAR 11:06:00 CLOSE hft-n-//10 '1 0 I'I/CAT)PPT-)/14fml/qvQfi-mT)ni-,z/CAT)Tiitprfni-P n--riv9TT-TO4-0/�')'IOR07'10'17n 617111?()()Q B REVARD C OIINT Y S HER = F F S O F F 2 C E COMPUTE R A= D E D D Z S PAT C H T RACK 2 NG = NC 2 D ENT NUMB E R — 0701 5 8 2_ 5 9 BULLET V.5 CAD Interface Sub -System v02.00.00 EventA 070158269 CASE REPORT ON FILE Case Number: 07158174 Precinct: ccp/ccp Respondents: 215 Zone: 37/37 Type: 38 ( Stolen Property ) Priority: 3 Location: 8801 ASTRONAUT BLVD CAP Origin/Disp.: PHONE /C7 CAD Dispatch /Dates/Times Initial: 06/03/2007 @ 16:10:41 Entry: 06/03/2007 @ 16:10:41 Transfere: 06/03/2007 @ 16:12:15 Dispatch: 06/03/2007 @ 16:36:25 En -Route: 06/03/2007 @ 16:36:25 On -Scene: 06/03/2007 @ 16:52:05 On -Scene Ok: @ Cleared: 06/03/2007 @ 17:57:48 Reportee Information Reportee Address Phone GILLEY, T25, 8801 ASTRONAUT BLVD 3217830595 Operator Comments RP ADV SOMEONE BROKE INTO ARCADE MACHINES AND STOLE THE MONIES IN IT.. JUNGLE VILLAGE [CJACOBS -06/03/07-1613451 T39 505D [CJACOBS -06/03/07-1613451 T39 505D [SPRICE -06/03/07-161214]Initial Lata Response Routed [SPRICE -06/03/07-161215]Auto Alert Term:010 C1ass:L Grp:C2 User: CJACOBS [CJACOBS -06/ v3/ 07- 1 61 348]LL02 View - No Action [CJACOBS -06/03/07-161404]L02 Hold Incident [CJACOBS -06/03/07-163625]DE #8269 435 [CjAuOBS -0 6/0 3J 07-16 5205]OS 435 [CJACOBS -06%03/07-175748]L02 Agency Cleared [CJACOBS -06/03/07-1757491798 435 �REv�.RD COLTTTTY sxERaF-Fs og'�'aCE COMPgTTER AaDED DaSPATCR C_ IC aNCaIDEIIT'r INiUMBER - 0701 -43755 BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 070143755 CASE REPORT ON FILE Case Number: 07143650 Precinct: ccp/ccp Respondents: 200 78 78 Zone: 37/37 Type: 17 ( Felony ) Priority: 3 Location: ;8801 ASTRONAUT BLVD CAP Origin/Disp.: 0 /I4 CAD Dispatch /Dates/Times Initial: 05/21/2007 @ 09:18:56 Entry: 05/21/2007 @ 09:18:56 Transfere: 05/21/2007 @ 09:18:56 Dispatch: 05/21/2007 @ 09:19:30 En -Route: 05/21/2007 @ 09:19:30 On -Scene: 05/21/2007 @ 09:19:30 On -Scene Ok: @ Cleared: 05/21/2007 @ 16:28:18 Reportee Information Reportee Address Phone ---------------------------------------------------------------- JUNGLE, VILLAGE, CC JUNGLE VILLAGE CC 3217830595 Operator Comments [PHUMAN -05/21/07-1005181 xxxxxxxx00048S0500046700 0 [PHUMAN -05/21/07-1005181 20070521100500031FRQ FL0050021 IG4HP53L2PH410128 [PHUMAN .-05/21/07-1005181 --NCIC-- [PHUMAN -05/21/07-1005181 ILOIFLS1051412455 [RLYNN -05/21/07-091929]Prev Loc: CENTRALP, [RLYNN -05/21/07-0919301P167wTFr. AA�20 506A u ,nn� [RLYNN -05/21/0/-092044]Previous ESN: 0999 [RLYNN -05%21/07-0934181A 506A 13.6_ [RLYNN _nG /,)1 /n. om nn'D-)E n-, 1.35 c1„7 / � Jb [RLYNN -05/21/07-093720iCL 136 [CCP [RLYNN -05/21/07-095907]Event Change Alert:015 C1ass:L Grp:CS.S Us er:TMYERS [PHUMAN -05/21/07-100519]Grp:CSS User:TMYERS Auto Narrative Alert [JWILKES -05/21/07-140606]OK 506A [JWILKES -05/21/07-162818]L02 Agency Cleared [JWILKES -05/21/07-162820]T98 506A BREVARD COUNTY S HER = F F S OFF = C E COMPUTER A I D E D D 2 S PAT C H T RACK Z NG 2 NC Z DENT NUMB E R — 07007171,4 BULLET V.5 CAD Interface Event#: 070071714 CASE REPORT Precinct: ccp/ccp Respondents: Type: 38 ( Stolen Property ) Location: 8801 ASTRONAUT BLVD Sub -System v02.00.00 ON FILE Case Number: 07071661 256 586 Zone: 37/37 Priority: 3 CAP Origin/Disp.: PHONE /C7 CAD Dispatch /Dates/Times Initial: 03/13/2007 @ 17:26:28 Entry: 03/13/2007 @ 17:26:28 Transfere: 03/13/2007 @ 17:27:16 Dispatch: 03/13/2007 @ 17:28:36 En -Route: 03/13/2007 @ 17:28:36 On -Scene: 03/13/2007 @ 17:29:12 On -Scene Ok: @ Cleared: 03/13/2007 @ 18:33:01 Reportee Information Reportee Address Phone ----------------------------------------------------------------------------- GIL, 10, 25 8801 ASTRONAUT BLVD,CC 3217830595 Operator Comments JUNGLE VILLAGE .. DAMAGE TO MACHINES POSS HAS SUSP ON TAPE O N 1 OF THEM [ABLUSH -03/13/07-172716]Auto Alert Term:000 Class: bcso [AVELTEN -03/13/07-172836]AE #1714 236 [AVELTEN -03/13/07-172913]AO 236 235 [AVELTEN -03/13/07-1731201AO 235 236_ [AVELTEN -03/13/07-173123]OK 236 r 7 C7 '.T mL. TT Li Iv__L L19 n? / 9 7/ n 7 -VJ/ 1 J/ V ! - '1 7 7 O'I C J1 OK 1 / JO I :J� Vh. 2 3 5 G.» [AVELTEN -03/13/07-175004]PDO 236 235 [AVELTEN -03/13/07-175147]OK 235 [AVELTEN -03/1 3 /07-1 �_52)n3i ..ve.,t C ar T _ 7 U0 C J v I 7 _5 2) J L: V C11 l�llallge til ej t V V V i... 1. a5s er:bcso [AVELTEN -03/13107-183301]L02 Agency Cleared P [AVELTEN -03/13/07-1833021T'98 235 , C7 [?35 -AVELTEN -n� /l z in -7_1 aa�ni i r-7 V J/ J/ V/ I V J Ju ! j I_ / Grp: Grp: User: Us S REVARD C O UST T Y S R E R 2 F F S O F F T C COMPUTER A2DED 172 SPAT CH °:1:°RACKDL- JTG 2NC2DE1%TT WTJMRIE: R — 0003041 9Z BULLET V.5 CAD Interface Sub -System v02.00.00 Event#: 060304192 CASE REPORT ON FILE Case Number: 06303906 Precinct: ccp/ccp Respondents: 344 Zone: 37/37 Type: 21B ( Burg Busn ) Priority: 3 Location: '8801 ASTRONAUT BLVD CAP Origin/Disp.: 911 /C7 CAD Dispatch /Dates/Times Initial: 10/28/2006 @ 09:31:37 Entry: 10/28/2006 @ 09:31:37 Transfere: 10/28/2006 @ 09:32:43 Dispatch: 10/28/2006 @ 09:36:43 En -Route: 10/28/2006 @ 09:36:43 On -Scene: 10/28/2006 @ 09:43:29 On -Scene Ok: @ Cleared: 10/28/2006 @ 10:25:35 Reportee Information Reportee Address Phone ----------------------------------------------------------------------------- Operator Comments TRAXX AT JUNGLE VILLAGE ..REQ DEP REF ATTEMPTED BREAK IN [AROMEO -10/28/06-093243]Auto RLYNN [RLYNN -10/28/06-094330]T97 [RLYNN -10/28/06-102535]L02 [RLYNN -10/28/06-102537]T98 LAST NIGHT... Alert Term:010 Class:L 436 Agency Cleared 436 Grp:C2 User: BREVARD C O UNT Y S HER = F F S O F F= C E COMPUTE R A =DED D I S PAT C H T RACK = NG 2 NC I D ENT NUMB E R — 0 6 0 2 8 4 0 9 1 BULLET V.5 CAD Interface Event#: 060284091 CASE REPORT Precinct: ccp/ccp Respondents: Type: 21B ( Burg Busn ) Location: 8801 ASTRONAUT BLVD Sub -System v02.00.00 ON FILE Case Number: 06283811 586 586 325 Zone: 37/37 Priority: 3 CAP Origin/Disp.: PHONE /C7 CAD Dispatch /Dates/Times Initial: 16/08/2006 @ 03:41:36 Entry: 10/08/2006 @ 03:41:36 Transfere: 10/08/2006 @ 03:42:51 Dispatch: 10/08/2006 @ 03:43:54 En -Route: 10/08/2006 @ 03:43:54 On -Scene: 10/08/2006 @ 03:45:34 On -Scene Ok: @ Cleared: 10/08/2006 @ 05:12:36 Reportee Information Reportee Address Phone ----------------------------------------------------------------------------- XTREME, FUN, JUNGLE VILLAGE CC 3217830595 Operator Comments ABSOLUTE PROTECTION TEAM ...XTREME FUN AT JUNGLE VILLAGE CALL BACK 800 432 1429 AUD IND 2ND FLOOR DOOR WILL ATC T88 OPER/DOUGLAS [JFRIMOWIT -10/08/06-0351301 505C ECHO CAN YOU HEAD OVER HERE? [JFRIMOWIT -10/08/06-0351301 505E T4 [JFRIMOWIT -10/08/06-0351301 505C WEST SIDE OF THE BUILD SECOND FLOO R DOOR IS UNSECURE [JFRIMOWTT -10/08/06-0352021 5050 , K10 START HEADING THIS WAY [ jFRIMOG"vIT -1 0 /08 /06-035351 l 39 TO ALARM TO HAVE 88 L'-'�1-� I V/ :J :J/ v:.J VJJJJ i J TJ7 1'J I"illL"'ll .lvl CO 1V R�`ib"L 1OO RESPOND [HGRAHAM -10/08/06-0359401 T88 IS GOING TO SEND MANAGER FRANCO GUILE Y ETA OF 15 MINS UNK WHAT TYPE VEH . TFRT JfOWI - 1 0 /08 /06-0351 301 50 C ECHO CAN O ETD OVER , r E _...�P.v..�T „� �,, � „� ��5�., E�...11V ,_.�1v ivJ HLn,� v��ER rlslnE: [JFRIMOWIT -10/08/06-0351301 505E , T4 [JFRIMOWIT -10/08/06-0351301 5050 WEST SIDE OF THE BUILD SECOND FLOG R DOOR IS UNSECURE [jFRTMOWIT -10/08/06-0352021 5050 ,K 1 0 START HEADING THIS WAY [JFRIMOWIT -10/08/06-0353511 T39 TO ALARM CO TO HAVE T88 RESPOND [HGRAHAM -10/08/06-0359401 T88 IS GOING TO SEND MANAGER FRANCO GUILE Y ETA OF 15 MINS UNK WHAT TYPE VEH . [HGRAHAM -10/08/06-034249]Initial Law Response Routed [HGRAHAM -10/08/06-034250]Auto Alert Term:0.00 Class: Grp: User: bcso [HGRAHAM -10/08/06-034252]Auto Alert Term:010 Class: Grp:C2 User: JFRIMOWIT [JFRIMOWIT -10/08/06-034404]DE #4091 337 [JFRIMOWIT -10/08/06-034427]AE 337 505E [JFRIMOWIT -10/08/06-034538]T97 337 [JFRIMOWIT -10/08/06-035134]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035205]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035216]NAR #4091 [JFRIMOWIT -10/08/06-035355]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035358]Grp:SE User:CJACOBS Auto Narrative Alert [JFRIMOWIT -10/08/06-035538]AO 505C K10 [HGRAHAM -10/08/06-035941]Grp: User:bcso Auto Narrative Alert [HGRAHAM -10/08/06-035944]Grp:SE User:CJACOBS Auto Narrative Alert [HGRAHAM -10/08/06-035946]Grp:C2 User:JFRIMOWIT Auto Narrative Aler t [JFRIMOWIT -10/08/06-041534]T98 K10 [JFRIMOWIT -10/08/06-043723]T98 505E [JFRIMOWIT -10/08/06-043730]Previous Priority: 02 [JFRIMOWIT-10/08/06-043731]Previous Event: 40B [JFRIMOWIT-10/08/06-043732]Previous Law Event: 40B [JFRIMOWIT-10/08/06-043733]Previous Fire Event: 40B [JFRIMOWIT-10/08/06-043734]Previous RESCUE Event: 40B [JFRIMOWIT-10/08/06-04373h1T7pdatinrr Anency Events [JFRIMOWIT -10/08/06-043745]Event Change Alert:000 Class: Grp: Us er:bcso [JFRIMOWIT -10/08/06-043844]0K 337 [:TFRIMOWIT-10/n8/06-044317]T98 505C f.71,'1? ITy1_/yOW T m _'I n /nQ /nG_nC'I -)']c1 n7 ACleared , vv y i Agency Cle a r ed [JFRIMOWIT -10/08/06-051237]T98 337 , C7 [337-JFRIMOWIT -10/08/06-0512361 C7 Operator Comments [JFRIMOWIT -10/08/06-034606]T97 505E [JFRIMOWIT -10/08/06-034709]AO 505E 505C [JFRIMOWIT -10/08/06-034939]Immediate Alert: 011 Class:L Grp:C1 User :AWOODY [JFRIMOWIT -10/08/06-034941]Immediate Alert: 000 Class: Grp: User :bcso [JFRIMOWIT -10/08/06-034942]Immediate Alert: 004 Class:L Grp:C3 User :CJACOBS [JFRIMOWIT -10/08/06-034946]Immediate Alert: 001 Class:L Grp:CS User :HGRAHAM [JFRIMOWIT -10/08/06-034949]Immediate Alert: 019 Class:L Grp:CT User :PMILLER [JFRIMOWIT -10/08/06-034951]T33 337 [JFRIMOWIT -10/08/06-035134]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035205]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035216]NAR #4091 [JFRIMOWIT -10/08/06-035355]Grp: User:bcso Auto Narrative Alert [JFRIMOWIT -10/08/06-035358]Grp:SE User:CJACOBS Auto Narrative Alert [JFRIMOWIT -10/08/06-035538]AO 505C K10 [HGRAHAM -10/08/06-035941]Grp: User:bcso Auto Narrative Alert [HGRAHAM -10/08/06-035944]Grp:SE User:CJACOBS Auto Narrative Alert [HGRAHAM -10/08/06-035946]Grp:C2 User:JFRIMOWIT Auto Narrative Aler t [JFRIMOWIT -10/08/06-041534]T98 K10 [JFRIMOWIT -10/08/06-043723]T98 505E [JFRIMOWIT -10/08/06-043730]Previous Priority: 02 [JFRIMOWIT-10/08/06-043731]Previous Event: 40B [JFRIMOWIT-10/08/06-043732]Previous Law Event: 40B [JFRIMOWIT-10/08/06-043733]Previous Fire Event: 40B [JFRIMOWIT-10/08/06-043734]Previous RESCUE Event: 40B [JFRIMOWIT-10/08/06-04373h1T7pdatinrr Anency Events [JFRIMOWIT -10/08/06-043745]Event Change Alert:000 Class: Grp: Us er:bcso [JFRIMOWIT -10/08/06-043844]0K 337 [:TFRIMOWIT-10/n8/06-044317]T98 505C f.71,'1? ITy1_/yOW T m _'I n /nQ /nG_nC'I -)']c1 n7 ACleared , vv y i Agency Cle a r ed [JFRIMOWIT -10/08/06-051237]T98 337 , C7 [337-JFRIMOWIT -10/08/06-0512361 C7 Date: August 3, 2009 To: Bary Brown, Planning and Development Director From: Todd Morley, Building Official RE: Ordinance amendment re non -conforming structures Please place the attached ordinance revision on an upcoming Planning and Zoning Board for consideration and recommendation to City Council. This amendment is intended to clarify the kinds of improvements that can be performed on nonconforming structures and structures supporting a nonconforming use. Key points: Expressly defines terms "structural alterations" and "routine maintenance and repair". Removes the language allowing "strengthening to a safe condition". Currently, our ordinance allows a structuraliy-deteriorated non -conforming building to endure indefinitely by undergoing any type of needed renovation, even structural renovation. This is despite the stated intent of the section which calls for the elimination of nonconforming structures by not allowing a nonconforming structure to be substantially reb7.eilt so as to extend the ordinary and natural life of a nonconforming structure. This new draft says that a non -conforming structure can undergo routine repair and maintenance - up to 50% of its value each year - but not for structural work. The thinking is — if you care enough about the structural aspects of your non -conformity you'll be sure to tend to the structural items through routine repair and maintenance. Scraping rust off of steel beams, painting exterior wood walls, replacing the roof when worn, etc. — in this way, (nature permitting) you could keep a non -conforming structure intact for a very long time. But if you don't tend to the maintenance of the structural items, they'll become dilapidated and eventually end up needing to be replaced. If you get to this point, it's considered a structural alteration and is prohibited. 0 Draft May 26, 2009 ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE V. OF CHAPTER 110, ZONING, OF THE CITY CODE RELATED TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; DEFINING "STRUCTURAL ALTERATIONS" AND "ROUTINE MAINTENANCE AND REPAIR;" MAKING CONFORMING AMENDMENTS TO SECTIONS 110-191,110- 193 AND 110-198; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to clarify Chapter 110, Article V, regarding nonconformities, to more clearly define what constitutes structural alterations to nonconforming structures, as well as to clarify the meaning of routine repairs and alterations, 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 this reference as legislative findings and the intent and purpose of the Citi' Council of the City- of Cape Canaveral. Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No. -2009 r'agc i of 5 Draft May 26, 2009 ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent; rules of interpretation; building and fire codes; definitions. (a) Intent. This article is intended to permit the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of the City Code or which at one time had been lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or future amendments thereto. This article is designed to provide standards and guidelines for the control and management of nonconforming uses and noncomplying buildings and structures, especially in regulating changes in the use of land or in the buildings or structures, including quality, volume or intensity, location, ownership or tenancy, accessory and incidental uses, extension, enlargement, replacement, or any other change in characteristic. It is the intent of this article to permit these nonconformities and noncompliances to continue until they require structural alteration or are removed through discontinuance, abandonment or amortization, but not to encourage their continuation unless otherwise authorized under this article either expressly or by special permit. Such nonconforming uses and structures are declared by this article to be incompatible with permitted uses in the zoning districts involved unless the city council issues a special permit based upon evidence that special circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconforming uses and structures shall not be enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. (d) Definitions. As used in this article, the following words shall have the meaning ascribed unless the context clearly indicates, ntherwice- Lo Structural alterations shall mean the construction or renovation to an existing building or structure, the replacement or addition of new structural materials or any change to or rebuilding of existing; structural materials which affects the safety of such building or structure and/or which supports any dead or designed live load Consideration should be given to whether the change in the structural alteration contributes to the longevity or peri anenrf- of the fitructure an i f theremoval nftl— part, material or assembly could ca-use..or be expected to cause all or any porton of the structure to collapse or fail. City of Cape Canaveral Ordinance No. -2009 Wage 2 of Draft May 26, 2009 Routine repair and maintenance shall mean the patching restoration and/or minor replacement of non-structural materials elements components equipment and/or fixtures for the purposes ofmaintaining such materials elements components equipment and/or fixtures in good or sound condition Sec. 110-193. Continuance of nonconforming structures. The lawful use of a nonconforming structure may be continued subject to the following provisions: Lei No such structure shall undergo a structural alteration Sec. 110-198. Routine Repairs and maintenance. (a) Reasonable routine repair and maintenance of nonconforming structures is permitted and is not a change which would terminate a nonconforming status, provided the work is necessary to keep the structure in a state of good repair. The work may include the replacement of existing materials with like materials. However, routing repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building official provided that the building official determines compliance with the following: (1) The repairs and maintenance comply with applicable building and fire codes. (2) No violation of sectinns 1 10-193 1 10-194 110-195, 110-197 exists (3) The pennittee shall be in compliance with all other applicable provisions of this article. (4) There are no pending code enforcement actions or liens existing on the subject property. (5) If replacement materials are involved, such the total value of all replacements made within any 365 conser-.utive. dRv nerinrl Irav rint exceed 5n narrant of the falx market value of the structure, as established by the Brevard Cc•tu y Property- Appraiser roperly Appraiser or by a licensed appraiser, whichever is greater. City of Cape Canaveral Ordinance No. -2009 Page 3 of 5 Draft May 26, 2009 (b) Nothing in this article shall be deemed to prevent the strengthening or restoring to a safil condition routine repair and maintenance of any building orpart thereof declared to be unsafe by any official charged with protecting the public safetr, upon order of such official nonconforming structure. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconforming structures by allowing a nonconforming structure to be substantially rebuilt so as to extend the ordinary and natural life of a nonconforming structure. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision; and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2009. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. -2004 Page 4 of 5 For Against Draft May 26, 2009 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. -2009 Page 5 of 5 MEMORANDUM Date: July 28, 2009 To: City Council From: Barry Brown, Planning and Development Director RE: Senate Bill 360 Senate Bill 360 was signed in law on June 1, 2009. In short, SB 360 removes state - mandated transportation concurrency requirements in target areas designated as Transportation Concurrency Exception Areas (TCEAs). The TCEA provisions of SB 360 became effective on July 8, 2009. Under SB 360, a City with an average of 1,000 people per square mile and a minimum population of 5,000 is considered a Dense Urban Land Area. A City that meets the criteria of a Dense Urban Land Area is also a Transportation Concurrency Exception Area (TCEA). Cape Canaveral meets the criteria of a Dense Urban Land Area and is therefore also a Transportation Concurrency Exception Area (TCEA). What does this mean? Designation as a TCEA gives local governments two options: 1. A local government may continue to apply the transportation conr_.i,rrenr_.y provisions of its existing comprehensive plan and land development regulations in TCEAs if it desires to do so; or 2. It may opt to no longer comply with state -mandated transportation requirements in T('FAc, If a local government wishes to eliminate state -mandated transportation concurrency requirements in TCEAs, the local government must amend its comprehensive plan and land development regulations to delete such requirements. Until the local government amends its comp plan and LDRs, existing transportation concurrency requirements continue to apply in TCEAs. After a TCEA becomes effective, the Department of Community Affairs no longer has the cauu sur oty o r evi ;vv coy comp plan i acme d o Ivo ots o compliance with state -mandated transportation � concurrency requirements. Also, within two years after a TCEA becomes effective, the local government must amend its comp plan to include "land use and transportation strategies to support and fund mobility within the exception area, including alternative modes of transportation". �iSC�s� r ars There is a great deal of confusion throughout the State surrounding the interpretation of SB 360. This is due largely to the ambiguity of the language contained in the bill. The confusion is evidenced by the various interpretation of the bill being offered not only by local governments, private interests, and environmental groups, but also by the Secretary of the Department of Community Affairs, Tom Pelham, and the bill's sponsor, Senator, Mike Bennett. Also, a lawsuit has been filed by eight local governments challenging the constitutionality of SB 360. According to the Orange County Attorney, the lawsuit raises some viable points and has at least an even chance of succeeding. If the lawsuit is successful, it is likely that the Court would declare that the enactment of SB 360 violated the Florida Constitution and enjoin the enforcement of the bill. Regardless of the outcome of the lawsuit, word is that the Legislature may come back in their next regular session or a special session and attempt to remedy the problems outlined in the lawsuit. I have asked our Transportation Planner, Joe Roviaro of Luke Transportation and Engineering Consultants, to think about the options in the bill and the ramifications to our City. Some factors to consider include: Cape Canaveral is barrier island city that is 93% built out, the City is projected to have capacity on its roadways through 2020 with little opportunity to increase capacity on Al A, and the greatest impact to our roadways is likely to come from surrounding communities including the Port. In addition, a mobility fee may replace the current transportation concurrency system. The Legislature finds that Transportation Concurrency has not adequately addressed the State's transportation needs and has determined that the State should consider implementation of a Mobility Fee. SB 360 directs DCA and DOT to submit to the Legislature by December 1, 2009, a report on their Mobility Study, recommended legislation, and plan of implementation. The Legislature could enact a Mobility Fee System to replace Transportation Concurrency in the 2010 Session. Conclusion: At this time we do not have enough information to make a decision; we don't understand what mobility planning will entail and we don't know the result of the lawsuit. i recommend we keep our current transportation concurrency requirements as we follow the evolution of the bill, its interpretation and lawsuit. Staff will keep Council apprised of the situation as it unfolds.