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HomeMy WebLinkAboutSite Plan File APPLICATION FOR SITE PLAN REVIEW FEE:tt 1,goo, oo DATE: � , IGS x01.-3 PROJECT NAME: Cape Canaveral Commercial Retail Store LEGAL DESCRIPTION: See attached OWNER(S) NAME: B & B Enterprises of Cape Canaveral, LLC OWNER(S) ADDRESS: 2210 S. Atlantic Ave. Cocoa Beach, FL 32931 PHONE NUMBER: NAME OF ARCH1'i'ECT/ENGINEER: Mid-Florida Engineering Consultants PHONE NUMBER: 321-723-5661 APPLICANT'S SIGNATURE: OWNER OR AGUE T PHONE NUMBER: SF1'E PLAN APPROVAL INFORMATION Si'i'E PLAN APPROVAL PROCEDURE: Step 1. Site PIan Submittal and Review Required: • Yes No New commercial building or structure? V New residential structures with three or more dwelling units? Commercial additions exceeding 850 square feet? If yes has been checked on any of the above, a site plan submittal and review is required. Step 2. Submit five (5) copies of the site plan signed and sealed by a Professional Engineer, licensed in the State of Florida along with a filing fee to the Building Department 30 days prior to the Planning and Zoning Board meeting. (The Board meets the 2nd and 4th Wednesday of every month.) The Building Department shall distribute the site plans to the following departments and return comments to the applicant within 10 days of its submittal. 1. City Engineer 2. Building Department 3. Fire Official 4. Florida Department of Environmental Protection (if appropriate) Step 3. The applicant shall return nine (9) copies of the revised site plan along with written responses to all comments at least seven (7) days prior to a Planning and Zoning meeting. Step 4. Compliance with Stormwater Concurrency Management. Step 5. The Building Department will return one (1) copy of the site plan to the applicant marked with the Board's approval subject to contingencies (if applicable.) SITE PLAN CHECKLIST SITE PLAN INFORMATION: (General) Yes No N.A. l� Size, height, number of units and location of proposed and existing structures. Dimensions • V Total gross area and percentage devoted to structures, / parking and landscaping. V Number of units Number of ar ' g spacesand loading P � dYnb zones Traffic flow diagram Density (units per acre) Location and dimension for the following areas: Park(s) Canal(s) • Waterway(s) Boat slip(s) Parking V Swimming pool(s) c/ Driveway(s) Recreation SITE PLAN CHECKLIST (CONTINUED) PAGE 2 Yes No N.A. Trash Sidewalks I� Dune crossovers Other (specify) _L Type of enclosure for communal trash container(s) Fire alarm and standpipe data Vicinity map Location of planned landscaping P �, Finished Qrades for the following: Entire parcel Finished floors V Streets Parking lots Sidewalks 10" of adjoining property Details. sections and specifications Street lights Water and sewer e SITE PLAN CHECKLIST (CONTINUED) PAGE 3 Yes No N.A. Paving and drainage Curbs Storm drains Sidewalks , ✓ Engineer's seal on drawings uafootagebuilding Sauare of areas ✓ Living Parking b Other (specify) Total under roof Required notes: Sidewalk and sanitary sewers to be constructed to City of Cape Canaveral standards Water lines to conform to City of Cocoa standards Fire alarm system to be installed and connect to City of Cape Canaveral Fire Department standards. TOP GRAPHIC SURVEY USC and G.S. datum plane Existing lights hts lig PROPERTY OWNER AFFIDAVIT Property Owner Name: B & B Enterprises of Cape Canaveral, LLC Mailing Address: Phone: 2210 South Atlantic Avenue Cocoa Beach, FL 32931 Agent Name: Concept Development, LLC and Concept Construction of North Florida, Inc. Address: 4735 NW 53rd Ave, Suite B, Gainesville, FL 32606 Phone: 877-309-1029 Agent Name: M.E. Construction, Inc. Address: 7607 Coral Drive, West Melbourne, FL 32904-1197 Phone: 321-723-5661 Parcel ID: 24-37-26-00-251, 24-37-26-00-285, and 24-37-26-00-252 Acreage: +1- 1 .'5 acres S: 24 T: 37 S R: 26 E Requested Action: Design documentation forms and plans as required (e.g., Required County Permits,Permits from the governing Water Management District,FDOT, FDEP,etc.),end onsite visits for testing and date collection by Agents, Subcontractors,and Regulatory Agencies as required. I hereby certify that: I am the property owner of record. I authorize the above Ii -. e•-• . act on my behalf for the purposes of this application and securing the above requ tions �1 Property Owner Signature �operty Owner Signature ► f optivJt A22- Printed Name Printed Name Date: / / - Date: / / The foregoing affidavit is acknowledged before me this /k day of 11 , 20 l 3 by , who is/are personals known to me, or who produced as identification. Signature of ota ublic, State ofL rY CSCz tC?['c 0 ` MARY E.LEWIS '• _ MY COMMISSION l EE 066336 .�'�. EXPIRES:June 20,2015 Bonded mm Notary Put&Undervntters NOTARY SEAL Revised 07/12(TB) ow City of Cape Canave41) Building Department PROCEDURES FOR SITE PLAN SUBMITTAL Scheduling Pre-Application Meeting: This meeting is not a requirement. It allows the applicant to meet with city staff to discuss code requirements and any questions you may have prior to formal submittal. 1. Applicant should schedule a preapplication meeting to meet with city staff, city engineer and fire department. This meeting will be scheduled by the Building department Admin. Assistant. Allow at least (1) week for scheduling. 2. Applicant should provide at least (5) copies of preliminary conceptphan at-time of schediing pre-application meeting. ACCEPTANCE CRITERIA FOR SITE PLAN SUBMITTAL: 1. Applicant shall complete the "Application for Site Plan Review". 2. Applicant shall complete the "Site Plan Checklist". 3. Applicant shall submit (7) signed and sealed copies of the site plan, with (2) copies of all appropriate calculations/state permit applications. 4. Incomplete application and/or submittal will not be accepted and will be returned to applicant. 5. The required engineering deposit and application fee will be paid at time of submittal. 6. The site plan must be submitted at a minimum of (30) days prior to a regularly scheduled Planning &Zoning Board meeting. 7. Building dept. Admin. Assistant will forward site plan to appropriate staff for review. Staff comments should be received by staff within (14) days from date of submittal. 8. Staff comments will be forwarded to the project engineer for response. 9. Scheduling of required meetings will not be initiated until all written city comments have been addressed satisfactorily, (9) copies of revised site plan have been submitted a minimum of (7) full working days prior to the requested meeting and all fees have been paid. If you have any questions, please contact ,7:, q�`' y ,l CITY OF CAPE CANAVERAL fit bbl a ' �'�•:,3_._' 1u1+ 13Altlll' 131t()WN 7510 N.Atlantic AI rime P.O.Box 326 PILONE:(321)86 .12116 Cape Canaveral,F'1.32920-0326 FAX:(321)868.12(7 E.%lail:b.browo-:mcityofcapecanavcral.org no w.ellyo rc.pecanavend.org 1 I_ MEC MID-FLORIDA ENGINEERING CONSULTANTS Date: August 29, 2013 LETTER OF TRANSMITTAL - To: Barry Brown City of Cape Canaveral 601 Thurm Blvd. -P10 . -soy wite.0 Cape Canaveral, FL 32920 M.E.C. Job No.: 31315 Project: Cape Canaveral Commercial Retail Store File: City Of Cape Canaveral No: DESCRIPTION: : 1 : Application for Site Plan Review w/Checklist : 1 : Check for Fee amount of$2,100.00 #0046159 : 7 : Signed / Sealed Site Plans : 2 : Drainage Calculations • • Transmitted: r For Your Use r As Requested r For Review and Comment Remarks: • • • Kimberly Bedwell Drafter kimberly@meconstruction.com CC: File 7607 Coral Drive,West Melbourne, FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG. #7219 www.meconstruction.com si,v4 , N, too) Maptit Barry Brown From: Jeff Ratliff Sent: Friday, May 10, 2013 9:34 AM To: Barry Brown Subject: RE: City of Cape Canaveral conceptual layout pdf's attached - please route, review, and reply Barry: They have water, sewer and reclaimed water(2" line). Thanks, Jeff From: Barry Brown Sent: Thursday, May 09, 2013 3:29 PM To: Jeff Ratliff Subject: RE: City of Cape Canaveral conceptual layout pdfs attached - please route, review, and reply That's my take. Also, is the site served by water and sewer or will they have to run lines to site? Barry From: Jeff Ratliff Sent: Thursday, May 09, 2013 3:25 PM To: Barry Brown Subject: RE: City of Cape Canaveral conceptual layout pdfs attached - please route, review, and reply Barry: I assume the outlined areas on the north and west sides of the building are for stormwater retention? Thanks, Jeff From: Barry Brown Sent: Thursday, May 09, 2013 3:20 PM To: David Greene; Todd Morley; Glenn Pereno; Jeff Ratliff; Lonnie Dunn; Dave Sargeant; John Cunningham Subject: FW: City of Cape Canaveral conceptual layout pdfs attached - please route, review, and reply To all: See attached site plan for a Dollar General Store to be located on the former Porter property currently owned by Bob Baugher. Please give this a preliminary review. I will contact you first of next week regarding review comment deadline and possible DRC meeting. Thanks. Jeff, please forward to John Pekar for preliminary review. Thanks. Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@cityofcapecanaveral.org 1 • Barry Brown From: Alan Tilly <atilly@conceptcompanies.net> Sent: Tuesday, May 07,2013 11:49 AM To: Barry Brown Cc: Matt Cason Subject: City of Cape Canaveral conceptual layout pdf's attached - please route, review, and reply Attachments: 130507 Cape Canaveral to City-FDoT.pdf; 130507 Cape Canaveral with black aerial to City-FDoT.pdf; 130507 Cape Canaveral with red aerial to City-FDoT.pdf;Cape Canaveral 6395 N Atlantic Ave.kmz; 130506 Cape Canaveral min 660'each way to FDoT.pdf Good morning Barry, It took me longer than anticipated with this layout since we had to get the site nailed down. Site is on the west side of SR AlA (N Atlantic Avenue). It is all of tax parcel 24-37-26-00-253.1 (tax ID 2436771), part of 24-37-26-00-252 (tax ID 2436769), and part of 24-37-26-00-253.2 (tax ID 2458072). Attached are the layout pdfs for the site. I have it with aerial (one with black line work and one with red <red pops out more) and "clean" (no aerial). Also attached is a "zoomed out" aerial which we sent to FDoT also and a Google Earth kmz file. If you have Google Earth installed and double click the file it'll drop you right on the site. Basic background on the layout and use: . .store entrance is at the "notch" in the front of the building the sidewalk along the east and south sides of the building will be raised 6"to form a curb.There will be a minimum 6.5'clear sidewalk area on the east counting a 2.5'overhang X Proposed use is a ±12,480 square foot single story single tenant commercial retail store. Based on ITE criteria (815)total daily trips are 715 with 62 pm peak hour trips. FDoT small box traffic generation is slightly higher(800 daily trips and 85 pm peak trips). Neither of these includes pass through reductions. 42 parking spaces are shown based on code (1 space per 300 s.f.) setbacks and buffers are shown based on code Initial questions we have for your review: itt ik-` /1 C irp • (confirming) site has commercial land us-0��: d zonin hand that commercial retail is allowed in both by right Y'E i,ile6v(4(4., (44 • parcel needs to be "split" (or reconfigured). Is this a process through th roperty ap rarer, during site review, or will it require a subdivision plat? wir I t• fIrkIvt- op- a Setif • How many public hearings will be n eded to get e project to start of construction(plat constjuction plans as needed)? q � 'il ,.,,1s/ e„......t.�c rk✓1.-,g, - `1 • is there sanitary sewer gravity( or forcemai�i? d potable wat vail lSle to the site? o far`Cawayand what needs to be done to get them to the site(diceetiarral bore . - • , . :.: . _ . . ', •, •r ems? l�a-I4 fQw!✓. Ytite) c4 wA. 6/ StlC y • is fire services/life safety OK with the layout?Do they use FBC or additional requirements? The 12,480 vs.f. store would need fire sprinklers using FBC and NFPA. Is that the same with the County (or are there additional requiremen, 9 s are required, does the County allow underground tanks? •� does the • require a traffic study. Environmental report(bugs and bunnies)?wetland delineation(no wet i ds in the area per NWI database)? ----frit 1 e<eahu;L (,,a 6.(6441 /j 4 -5,1,4 4 /./v.i,,,f- I / 0 • • does the City have FEMAITRM maps? If so, what zone is the propMS, in /I- X • are there any other commercial retail stores(CVS, Walgreens, Dollar General, Family Dollar, Walmart, etc.) in the City currently in theapproval process(not yet permitted or constructed)?Any known in the County in this area? it t t C / "64 t+. e•Xaa 1iuk- 0i6v ` v 'E— • My understanding is that based on code beer/wine sales are allowed Sec 6-26 (package sales for off site consumption only as an incidental part of total sales). My understanding further is that this would be allowed with a license from the tate and would not require a public hearing for the State, County,or the City. Is that correct? (e✓i1 • the City requires cross access between parcels. This will be shown based on comments from the City regarding the tie in of this layout with that proposed by the owners of the remainder of the pro rty .VCS • any specific Architectural requirements for the building? ",rf ' 5./94i klock, 4s f1 > • I saw in the code as I was going through it that a landscape/irrigation plan is required and it meds to be , j signed by a Landscape Architect. Sec 110-684(1)b. Is that correct(for the irrigation portion as well) Sec 110-685(4)? /U© • is reuse waterViilable at this site? • Is a photometric plan required with the site plan or building plan submittal??/Vd • sign code (94-64 and Table 94-96-1) is 20'max height with a pylon sign allowed. Freestanding sign total 1 s.f. per front foot with a max of 150 s.f.. Wall sign of 15%of wall height times wall length, max area 160 s.f. on front and 128 s.f. on sides. Is that correct? gry�s �•/ Although the list is lengthy, I also ask that you provide any comments you notice that need to be made during your review even if they weren't specifically listed as questions above. Please route through appropriate staff and provide initial comments. We'll set up a face to face meeting as well if it's productive after we get your comments back. Is it possible to have the comments back by the end of the day this Friday (May 10) and the face to face (if needed)next week? Please reply you are in receipt, let me know if the "end of the the week" request for responses allows enough time, and with any additional information you need to help provide comments. Thank you for helping us get the project started efficiently! Al Alan L. Tilly, PLS, PE, LEED AP ND Project Engineer Concept Companies Phone: 352.333.3233 Toll Free: 877.309.1029 Cell: 352.538.1763 Fax: 800.218.7809 atil ly(a,conceptcompanies.net Mailing Address: 5200 NW 43rd Street 2 • Suite 102-381 ® 0 Gainesville, FL 32606-4482 Physical Address: 4735 NW 53rd Avenue Suite B Gainesville,FL 32653-4899 3 Cape Canaveral / North Atlantic Ave to City Printed from Asana Matt Cason: GENERAL SITE INFORMATION: O Al Tilly: GENERAL SITE INFORMATION: Site Plan Review Process ±3 month process to development order after plans submitted is expected-CONFIRM per Article VI section 110-221 site plans for commercial development need to be reviewed by staff and the planning and zoning board(with public hearing)with final sign off by the City Manager(with appeal to the City Council if denied) 110-222 lists site plan required criteria 110-223 states plans and fees need toi be in min 30 days prior to P&Z and: Sec.110-223.-Review procedures. (a) Therequired number of copies of the site plan,prepared,signed and sealedby an appropriately licensed design professional shall be filed with the planning and development department no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review.Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the planning and development department to the following department directors for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building and code enforcement department. (3) Fire marshal. (4) Public works services department. (c) Withinl4 days of the time the plans are received by the various department directors,they shall submit,in writing,to the planning and development department,a written report commenting on factors relating to the site plan. (d) The planning and development department shall give a copy of the written comments to the applicant or his representative to review,respond to and make any changes deemed appropriate to conform to the comments and recommendations from the department directors. (e) Theapplicant shall submit the required number of copies of the revised site plan,along with the architect's and engineer's comments in response to the department reviews,to the planning and development department. (f) All plans shall be made available to the planning and zoning board for its reviewand recommendation to the city manager or the city manager's designee.The planning and development director shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (9) The planning and zoning board,following a duly noticed public hearing and reviewof any submitted site plan,shall make a written recommendation to the city manager or designee recommending approval,approval with conditions,or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan.Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Uponreceipt of the planning and zoning board's recommendation,the city manager or designee shall make a final decision on the application approving,approving with conditions,or denying the application. Following the decision by the city manager or designee on each site planapplication,the city shall send to the applicant written notice of theaction taken and the right to appellate review.The city shall additionally provide notice on the city's website of the decision on each site plan reviewed pursuant to this article and the right of interested parties to appeal same. (i) Ifthe city manager or designee elects to grant conditional approval of a site plan subject to any conditions or contingencies,the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies.If all conditions and/or contingencies are satisfied,the final site plan approval date shall be either the expiration of the 90-day period;or the date the city manager or designee certifies by notation on all city site plan copies,that all conditions and/or contingencies are satisfied,whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90-day period the conditional approval shall be automatically withdrawn and the application shall stand as denied.The 90-day compliance period may be extended at the discretion of the city manager or designee,upon written request of the applicant prior to the expiration of the 90-day compliance period,and where the applicant demonstrates unusual circumstances or undue hardship. (j) Any party adversely affected by a final site plan determination of the city manager or designee may appeal such determination to the city council.Parties seeking appellate reviewshall submit a request for appeal in writing to the city clerk within 30 days of the city manager's or designee's determination.The city clerk shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate reviewwith written notice of the date,time and location of said meeting.Thecity council's consideration of the site plan determination being appealed shall be de novo.The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse,wholly or in part,the determination of the city manager or designee.Failure of any adversely affected party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. D Al Tilly: GENERAL SITE INFORMATION: Site Plan Approval Process (Staff Level or Public Hearing) per Article VI section 110-221 site plans for commercial development need to be reviewed by staff and the planning and zoning board(with public hearing)with final sign off by the City Manager(with appeal to the City Council if denied) 110-222 lists site plan required criteria 110-223 states plans and fees need to be in min 30 days prior to P&Z and: Sec. 110-223.-Review procedures. (a) Therequired number of copies of the site plan,prepared,signed and sealedby an appropriately licensed design professional shall be filed with the planning and development department no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review.Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the planning and development department to the following department directors for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building and code enforcement department. (3) Fire marshal. (4) Public works services department. (c) Within14 days of the time the plans are received by the various department directors,they shall submit,in writing,to the planning and development department,a written report commenting on factors relating to the site plan. (d) The planning and development department shall give a copy of the written comments to the applicant or his representative to review,respond to and make any changes deemed appropriate to conform to the comments and recommendations from the department directors. (e) Theapplicant shall submit the required number of copies of the revised site plan,along with the architect's and engineer's comments in response to the department reviews,to the planning and development department. (() All plans shall be made available to the planning and zoning board for its reviewand recommendation to the city manager or the city manager's designee.The planning and development director shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (9) The planning and zoning board,following a duly noticed public hearing and reviewof any submitted site plan,shall make a written recommendation to the city manager or designee recommending approval,approval with conditions,or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan.Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Uponreceipt of the planning and zoning board's recommendation,the city manager or designee shall make a final decision on the application approving,approving with conditions,or denying the application.Following the decision by the city manager or designee on each site planapplication,the city shall send to the applicant written notice of theaction taken and the right to appellate review.The city shall additionally provide notice on the city's website of the decision on each site plan reviewed pursuant to this article and the right of interested parties to appeal same. (i) Ifthe city manager or designee elects to grant conditional approval of a site plan subject to any conditions or contingencies,the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies.If all conditions and/or contingencies are satisfied,the final site plan approval date shall be either the expiration of the 90-day period;or the date the city manager or designee certifies by notation on all city site plan copies,that all conditions and/or contingencies are satisfied,whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90-day period the conditional approval shall be automatically withdrawn and the application shall stand as denied.The 90-day compliance period may be extended at the discretion of the city manager or designee,upon written request of the applicant prior to the expiration of the 90-day compliance period,and where the applicant demonstrates unusual circumstances or undue hardship. (j) Any party adversely affected by a final site plan determination of the city manager or designee may appeal such determination to the city council.Parties seeking appellate reviewshall submit a request for appeal in writing to the city clerk within 30 days of the city manager's or designee's determination.The city clerk shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate reviewwith written notice of the date,time and location of said meeting.Thecity council's consideration of the site plan determination being appealed shall be de novo.The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse,wholly or in part,the determination of the city manager or designee.Failure of any adversely affected party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. Q Al Tilly: GENERAL SITE INFORMATION: Determine if Family Dollar, Dollar Tree, CVS, Walgreens, Wal- Mart, Save-a-Lot, or Fred's is proposed nearby. none known by the City (County is on the other side of SR Al A-no check with the County) CONFIRM • Al Tilly: GENERAL SITE INFORMATION: Determine if the sale of beer and wine is allowed 110-332(13)beer and wine sales is a permitted use just license from the state? CONFIRM with City ACCESS MANAGEMENT REVIEW: • Al Tilly: ACCESS MANAGEMENT REVIEW: Confirm Full Access with FDOT Traffic Ops or Road Dept. Per Jack West e-mail,full access not questioned.(see attached) Jack's e-mail states left in restriping and right in may be required.Get traffic study to confirm if needed or not.Will probably come down to cross access and number of potential future trips.Right now we have no cross access per Matt's instructions CONFIRM with City • Al Tilly: ACCESS MANAGEMENT REVIEW: Determine what offsite improvements are required if any. potential left turn restriping and added right turn lane, MPH site eval says left restriping will be required.No mention of right turn lane utility pole line needs to be relocated(if used to service other sites)or removed(if it is just for our site).Line runs east- west through drive aisle on the south side of the building drive comes in on drop inlet in the grass near the existing sidewalk along SR A1A. Inlet will need to be reconfigured for traffic and design will need to keep our site water out of it before being run through the storm water facility sewer? water? CONFIRM Q Al Tilly: ACCESS MANAGEMENT REVIEW: Determine if a Cross access to Adjacent Properties is Required City requires cross access and a master plan for this site and the remainder of the owner's property west and north of this site latest response from Matt is that requirement was lifted by the owner and we don't need cross access. 11150 City was unaware of not needing access for the rest of the site and is checking with the owner to determine if they want cross access or not. CONFIRM Q Al Tilly: ACCESS MANAGEMENT REVIEW: Determine if a traffic study is required. MPH site eval calls for a probable TIA while FDoT e-mail states a"detailed study"will be required.Mike can work out what that means when we clear REC CONFIRM with City Q Al Tilly: ACCESS MANAGEMENT REVIEW: Determine if truck traffic is prohibited. truck traffic is allowed on MA CONFIRM with City • Al Tilly: ACCESS MANAGEMENT REVIEW: Review FDOT 5 Year Plan MA Sherry Lee Lane to Sunflower. If Sherry Lee Lane(doesn't show up in GE)is north of Sunflower we're in it and it's 2.6 mil of resurfacing for 3.871 miles (in 2016) CONFIRM ask City about sherry lee lane Q Al Tilly: ACCESS MANAGEMENT REVIEW: Determine if Fire Needs to Review. If so, Acceptable? part of City pre-app review CONFIRM with City BOUNDARY AND TITLE REVIEW: 7 Al Tilly: BOUNDARY AND TITLE REVIEW: Is a lot split or lot combo required? List process. division 5 section 98-66 lot split is like a mini-plat(needs title opinion,etc.),is reviewed by staff and submitted to the P&Z Board(first public hearing) Final action is taken by the City Council at the second public hearing CONFIRM with City • Al Tilly: BOUNDARY AND TITLE REVIEW: If the property was split was it done legally? all parcels are currently legal lots of record CONFIRM with City Brian Block: SITE EVALUATION: l 1 Al Tilly: SITE EVALUATION: Determine if the site is in the Fema Flood Plain unavailable on line CHECK with City • Al Tilly: SITE EVALUATION: Determine if the site is flood prone Could be by storm surge.Entire strip is low but also heavily built up This is a redevelopment so no added flooding due to us CONFIRM known flooding with City Q Al Tilly: SITE EVALUATION: Determine if the site is wooded or has protected trees a few trees on site and a few scattered long the back line D Al Tilly: SITE EVALUATION: Determine if there is a tree ordinance and mitigation requirements clearing permit required.Apply same time as site plan. required tree replacement in section 102-43 specimen tree(definition below)removal requires approval by the City Council in 2"replaced for each inch of removal Specimen tree means a tree having a caliper of 24 inches or more in diameter.Specimen trees shall not include undesirable,dead,or diseased trees,or trees that are structurally unsound and cannot recover from pruning. 102-45 minimum 6 trees or 4/acre,whichever is more CONFIRM with City O Al Tilly: SITE EVALUATION: Locate hydrants within 500ft (3 maximum) only hydrant visible is at front of the site,closer to north side,on west side of SR MA CONFIRM with City • Al Tilly: SITE EVALUATION: Locate the Nearest Water & identify provider water along west side of Al A by City of Cape Canaveral CONFIRM with City Q Al Tilly: SITE EVALUATION: Locate Nearest Sewer(gravity or force) & identify provider available?CONFIRM • Al Tilly: SITE EVALUATION: If a septic system is required is an individual system acceptable? N/A CONFIRM o Al Tilly: SITE EVALUATION: If a well is required is a Limited Use Well Acceptable? N/A CONFIRM o Al Tilly: SITE EVALUATION: Is site plan approval issued at staff level or public hearing? per Article VI section 110-221 site plans for corn mercial development need to be reviewed by staff and the planning and zoning board(with public hearing)with final sign off by the City Manager(with appeal to the City Council if denied) 110-222 lists site plan required criteria 110-223 states plans and fees need toi be in min 30 days prior to P&Z and: Sec. 110-223.-Review procedures. (a) Therequired number of copies of the site plan,prepared,signed and sealedby an appropriately licensed design professional shall be filed with the planning and development department no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review.Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the planning and development department to the following department directors for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building and code enforcement department. (3) Fire marshal. (4) Public works services department. (c) Withinl4 days of the time the plans are received by the various department directors,they shall submit,in writing,to the planning and development department,a written report commenting on factors relating to the site plan. (d) The planning and development department shall give a copy of the written comments to the applicant or his representative to review,respond to and make any changes deemed appropriate to conform to the comments and recommendations from the department directors. (e) Theapplicant shall submit the required number of copies of the revised site plan,along with the architects and engineer's comments in response to the department reviews,to the planning and development department. (f) All plans shall be made available to the planning and zoning board for its reviewand recommendation to the city manager or the city manager's designee.The planning and development director shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (9) The planning and zoning board,following a duly noticed public hearing and reviewof any submitted site plan,shall make a written recommendation to the city manager or designee recommending approval,approval with conditions,or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan.Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Uponreceipt of the planning and zoning board's recommendation,the city manager or designee shall make a final decision on the application approving,approving with conditions,or denying the application.Following the decision by the city manager or designee on each site planapplication,the city shall send to the applicant written notice of theaction taken and the right to appellate review.The city shall additionally provide notice on the city's website of the decision on each site plan reviewed pursuant to this article and the right of interested parties to appeal same. (i) Ifthe city manager or designee elects to grant conditional approval of a site plan subject to any conditions or contingencies,the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied,the final site plan approval date shall be either the expiration of the 90-day period;or the date the city manager or designee certifies by notation on all city site plan copies,that all conditions and/or contingencies are satisfied,whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90-day period the conditional approval shall be automatically withdrawn and the application shall stand as denied.The 90-day compliance period may be extended at the discretion of the city manager or designee,upon written request of the applicant prior to the expiration of the 90-day compliance period,and where the applicant demonstrates unusual circumstances or undue hardship. (j) Any party adversely affected by a final site plan determination of the city manager or designee may appeal such determination to the city council.Parties seeking appellate reviewshall submit a request for appeal in writing to the city clerk within 30 days of the city manager's or designee's determination.The city clerk shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate reviewwith written notice of the date,time and location of said meeting.Thecity council's consideration of the site plan determination being appealed shall be de novo.The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse,wholly or in part,the determination of the city manager or designee.Failure of any adversely affected party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. LAND USE AND ZONING: Al Tilly: LAND USE AND ZONING: Determine Land Use and if it allows for Commercial Retail Cl (Commercial) retail allowed? CONFIRM with City o Al Tilly: LAND USE AND ZONING: Determine Zoning and if it allows for Commercial Retail 360'along Al is Cl (low density commercial) retail is allowed CONFIRM with City • Al Tilly: LAND USE AND ZONING: Determine Land Use /Zoning of adjacent properties. north,south,and west(west for 40')are the same CONFIRM with City Q Al Tilly: LAND USE AND ZONING: Determine Parking Requirements (quantity & dimension) 110-491 - 1/300 for 9100 is 30.3(31)for 12,480 is 41.6(42) space size:min 200 s.f.w/o drive aisles (definitions) aisle width:(not found in code) max number spaces in a row:5(110-567(a)(2)) island width/area:(not found in code) loading space size:12'x45'x14(high)for plus store,none for less than 10k max driveway width 35' 30"knee wall or berm if parking within 25'of RNV(110-689) CONFIRM with City • Al Tilly: LAND USE AND ZONING: Determine Setbacks front:25',50'along MA side:0',25'against residential side street:25' rear: 10',25'against residential CONFIRM with City O Al Tilly: LAND USE AND ZONING: Determine if buffer OR walls (fences) are required. Buffers:110-566,567(2'), 110-686,687 2.5'along road min,5'along road avg. 10'along MA use 5'along side and back 110-469 triangle 25'each way along road building plantings 50%at least 4'wide along street sides of buildings (not rear) only when between commercial and residential.Not needed in our case. CONFIRM with City Q Al Tilly: LAND USE AND ZONING: Determine if there is an overlay district no CONFIRM with City Q Al Tilly: LAND USE AND ZONING: Is the site in a PD? no CONFIRM with City Q Al Tilly: LAND USE AND ZONING: Determine any code Maximum Allowable Building Size max lot coverage 50% (buildings),max height 45'(no ISR found in code) CONFIRM with City d Al Tilly: LAND USE AND ZONING: Determine Required Openspace (ISR) max lot coverage 50%(buildings),max height 45'(no ISR found in code) CONFIRM with City Q Al Tilly: LAND USE AND ZONING: Determine if Landscape and Irrigation Plans are required. If so, is a Landscape Architect required to design? 'Nome Niod yes and yes. Both need to be signed CONFIRM with City D LAND USE AND ZONING: Determine if Photometric Plan is Required. only in sea turtle prone areas CONFIRM with City BUILDING REQUIREMENTS: : D Al Tilly: BUILDING REQUIREMENTS: Are there specific architectural requirements? only in the EOOD and we're NOT in the Al A Economic Opportunity Overlay District(EOOD).If we were,there are lots of requirements.they start in 110-641 CONFIRM with City • Al Tilly: BUILDING REQUIREMENTS: Are fire tanks required (if no hydrant)? N/A CONFIRM with City D Al Tilly: BUILDING REQUIREMENTS: Are fire sprinklers required? If so is there adequate flow? Yes (building is over 12,000 s.f.) They follow FBC CONFIRM with City D Al Tilly: BUILDING REQUIREMENTS: Sign requirements (freestanding/monument and building) Chapter 94,zoning is C-1 Signs: FREESTANDING Freestanding Pole(Choose. If"NO"(i.e.Monument Signage),move to" Multi-Signage or Custom Sign Info." YES Size Freestanding Pole(Choose ONE based on"Sign Criteria Guidelines." Be sure to cross-reference with existingconditions/local Sign Code.): 6'x16'(96 s.f.) SEE ATTACHED SIGN CODE. (Table 94-96-1)max allowed 1 ground sign at 1 s.f.per foot of property max of 150 s.f.) frontage is 204 feet so 150 s.f.max controls TYPE OF PYLON OR POLE Individual Pylon(Choose ONE): NEW Electricity Available(Choose): YES Color(Choose): Standard STORE FRONT SIGN Distance from Store front to Road(Describe,pursuant to"Sign Criteria Guidelines"and provide approx.distance based on measurement,as shown.): over 75'and up to 175'(approx.122') Example:Over 75'and up to 175'(Approx.130') Color(Choose): Standard Box(Choose pursuant to LL/Sign CodeConfirmation.): YES. SEE ATTACHED SIGN CODE Table 94-96-1 max.2 signs with total 15%of wall area max 160 s.f. 80'x14'x15%=168 limited by max area of 160 s.f. Size(Choose ONE pursuant to"Sign CriteriaGuidelines."): 3'-9"x26'(100.s.f.) NOTE:If Box Sign is not permitted,Choose ONE and SIZE from below,pursuant to"Sign Criteria Guidelines."):Box sign permitted Multi-Signage or Custom Sign Info(Describe additional information,regarding Signage.In addition,Cut&Paste either Local Sign Code or LL Sign Criteria.): SEE ATTACHED SIGN CODE BELOW CONFIRM with CITY ENVIRONMENTAL CONCERNS: CI Al Tilly: ENVIRONMENTAL CONCERNS: Determine if a species report is needed. If so, obtain when? not needed CONFIRM with City Q Al Tilly: ENVIRONMENTAL CONCERNS: Determine if a Wetland Delineation is needed. If so, obtain when? not needed CONFIRM with City Al Tilly: ENVIRONMENTAL CONCERNS: Determine if site has apparent environmental concerns (unsuitables, contamination, etc.) If so obtain Environmental Report. site is currently developed.Looks empty on street view.Doesn't look like a use that would generate hazardous substances though(restaurant?) none known to City CONFIRM with City PRELIMINARY SITE PLAN 1111 ATE — STREETCAPE CANAVERAL, FLORID N ATLANTIC AVE (SR AMP PROTOTYPE: A DEVELOPER DESIGNER DATE: BLDG/SALES SF: 12,406/9,500 COMPANY: CONCEPT ocv¢ovwcrR,u.c. COMPANY: CONCEPT DEVELOPMENT.LLC 5-10-13 ACREAGE: ±1.50 NAME: BRIAN CRAWFORD NAME: AL TILLY PARKING SPACES: 42 PHONE #: (352)333-3233 PHONE #: (352)333-3233 CAPE SHORES CIR I I 1I I II 4 14111 — 320' I I 1 - - _�- - - W_ I , ,•__, SMEi 1 4\T___ I I j Ili I I PROPOSED BOLDING ..:Rk 1 � i' V) RRR R• > • o Z I g 10 aI r 036'___.____-_X___-- - 111 p__ S. L. ,• _ �D• H _ F ll IILlAOfRf.BA '.YL- .. . • • ' �r Z1 '16•r46•MN. i/ I .•ate .5 SP CE1 ' v)3 'A•� R � .. 9 i QI 4. 1 d I SpS50R • ••' 4;.��'_,;. rI 1 `'J• ZI \ TEL DUMPSIER ®• : — �L-'s��► ��`• : CLEVELAND EmrosuRe rD•-r--• ,1111L:__'-'-'11 ,"'� `� G\\\\y i 16•'18• 3 S,, AVE SPA..S '- 3 ..ACES R _ ��__ _. I 3 ' . Y r,( 320' 9..PI P I N I GRAPHIC SCALE LOT RECONFI GURA TION REQUIRED _ ° -�' POTABLE WATER REQUIRED 0 40 80 160 . i...' SANITARY SEWER REQUIRED? a 1 M11 PAVEMENT IN VEHICULAR USE AREAS IS ASPHALT (HEAVY DUTY IN TRUCK PATH AREAS) 1. ,...;I. 1 "..L_ •f - inikrmin., —.1 X c -'- N(.3 16 ' t% IIIVt4 ..• : i iii --1•. L - • 1 - - — .4 --• i- jiirra ,4111 • . • . e'''''' S CaP e Shdres Or . I .1.ji _ ' 1 - . 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(,I h +1 orgNe' ) iI PKQM s sPAas v :,s SPACES IR Z IOM• o L.1I '1 ILUrr r ' -• \ C 'eose GO. ._ ro r- C CLEVELAND pe;re7 ` !a ^ r` ' AVE e srACYS s PACES o SPACES --t� <-• Ti -- -320' 1 ' iii N GRAPHIC SCALE CITY OF CAPE CANAVERAL 0 40 80 160 . 7 . ±1.50 ACRES 1...11111111 42 PARKING SPACES LOT RECONFIGURATION REQUIRED l' POTABLE WA TER REQUIRED? SANITARY SEWER REQUIRED? x , y ,,, ; i ( i dt.ru- L 1 . .t ,. _ , .. , 4 U.:A { i,,I ,,�;1 !1I Ls S Cape Shores Dr , ' 4441„ , • 1 !,rte 1 — ,1r h — ter i 1 .`, I 1 t` _ W" >+fir ea r rd t Sir :...i> • - Mara+®MONO i\\\ 77I 0 F �= t• . s T !r . N 1 't}� t .' FPI' '►. ty-- _ �I__... \ * ':....,. rr ii a i% ._.I z . ( 'i s ,,At.,t r•,• e i • - ` .. - t . `1 .,� t ... ''' ji: • ... ., t, 's t :lir .N GRAPHIC SCALE CITY OF CAPE CANAVERAL 0 40 80 160 it ±1.50 ACRES 42 PARKING SPACES - ) LOT RECONfIGURA770N REQUIRED POTABLE WATER REQUIRED? SANITARY SEWER REQUIRED? I 9 113 4 14 115 11 513.A l Jf +•.�. 511 Z GARFIELD AV 543A = 1 5 6 7 A 544A 546.A U 9 '3.1116.(1 15 _ F 285 ARTHUR AV , 251 < R-3 252C-1/-SITE 4 253 � R-3 '// 1 77�BU it" 15 16 ------- - CLEVELANDiE AV CLEV .) R-3 L /2542'`x('�-1 _1 3 6 N.T.S. 255 _._.._ 254.1 -- 9 11 13 14 15 256 1 2/ 3 MC KINLEY AVMC KINLE 257 1 2 3 1.11 7 26 26.09 26.01 r2.1-31-24.0-012571-0000.0 l - G I.. I.7 .A I .F VICINITY MAP LEGAL DESCRIPTION (AS FURNISHED): A PORTION OF SECTION 26,TOWNSHIP 24 SOUTH, RANGE 37 EAST,CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE N.00°41'56"W.,ALONG THE WEST LINE OF SECTION 23,TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA,A DISTANCE OF 40.00 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5191, PAGE 2283 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA;THENCE N.89°17'40"E.,ALONG SAID NORTH LINE,A DISTANCE OF 722.75 FEET TO THE WEST RIGHT OF WAY LINE OF NORTH ATLANTIC AVENUE(STATE ROAD A-1-Al;THENCE S.00°37'54"E., ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 194.93 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;THENCE CONTINUE S.00°37'54"E.,ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 203.45 FEET;THENCE LEAVING SAID RIGHT OF WAY LINE,S.89°22'06"W.,A DISTANCE OF 324.06 FEET;THENCE N.00°59'59"E.,A DISTANCE OF 203.53 FEET;THENCE N.89°22'06"E.,A DISTANCE OF 318.26 FEET TO THE POINT OF BEGINNING. • Susan Chapman From: Barry Brown Sent: Friday, September 20, 2013 1:37 PM To: stevem@midfleng.com Cc: Susan Chapman Subject: Dollar General - Review Comments - Plan set dated 090513 Attachments: Review Comments - 1st Submittal - Plans dated 090513.pdf Steve, Please see attached Review Comments for Dollar General Store, 1"submittal, plan set dated 090513. I will be out of the office Sept. 26 through Oct.4, 2013. Please submit revised plans to Susan Chapman in my office and she will distribute to reviewing staff. Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@citvofcapecanaveral.org (321) 868-1206 Florida has a very broad public records law.As a result.any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt.Under Florida taw.email addresses are public records.If you do not want your email address released in response to a public-records request.do not send electronic email to this entity.Instead,contact our office by phone or in writing. 1 CE -- �SQ� �'° Ci of Cape Canaveral City p :A ipr) Community & Economic Development Department /� :-17--- 410 CITY OF CAPE CANAVERAL September 20,2013 Mr. Steven W. Monroe, P.E. Mid-Florida Engineering Consultants 7607 Coral Drive, West Melbourne, FL 32904 RE: DOLLAR GENERAL- REVIEW COMMENTS FOR FIRST SUBMITTAL- PLAN SET DATED SEPTEMBER 5, 2013 Dear Mr. Monroe: The following are Planning and Zoning review comments for plan set dated September 5,2013. Review Comments from other departments are enclosed. 1. Sheet L-1 —Landscape Note#4—All new plant materials should be"Florida Fancy" grade. 2. Sheet L-1 —Silverthorn is not on the list of allowable species Section 201-52. Also, while it is listed in the Plant Legend, I did not see it on the landscape plan. 3. Sheet L-1 —More 5 point trees have been provided than required by code. Also,two trees are shown in landscape islands that may be better with only one tree. PLEASE CALL ME TO DISCUSS LANDSCAPE PLAN. 4. Sheet C-3 —Depict A/C units and fence as called for by the Community Appearance Board. Sincerely, ‘r4.44.4(r#144"4 Barry Brown Planning and Zoning Director Enclosures: Review Comments from Public Works, City Engineer, Fire Department,Building Official and WastePro. 7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www cityofcapecanaveral.org • email:info@cityofcapecanaveral.org Public Works Services Memo TO: Barry Brown Planning&Development Director FROM: Jeff Ratliff PWS Director DATE: 09/15/13 RE: Site Plan Submittal#1 Commercial Retail Store 6395 North Atlantic Avenue Public Works Services has reviewed the Commercial Retail Center 1st Site Plan Submittal and has the following comments: 1. City of Cape Canaveral (City) sanitary sewer is available in the site vicinity. An inspection of the sewer tap shall be made by the City, which shall be notified a minimum of 24 hours in advance. 2. On Sheet C-4, sewer system connection will not be allowed directly into the sewer manhole on the north side of the site. The alternate sewer service connection could tie into the 8"line that connects to the manhole in question. 3. Coordinate closely with the Florida Department of Transportation (FDOT) on any work performed in the SR A 1 A right-of-way (e.g., driveways, utility construction, etc.). 4. Reclaimed water is available in the site vicinity. If reclaimed water is to be used, please include a note for the irrigation system for signage to state that reclaimed water is utilized for irrigation. These signs must be posted at the entrance area as required by the Florida Department of Environmental Protection (FDEP: Chapter 62-610.468, FAC). Also,the location of these signs shall be depicted on the detail sheets. 5. The developer shall be required to pay the City of Cocoa Water Department its share of the construction cost of any required up-sizing of the potable water line for fire service. 6. The developer shall provide copies of all permits provided by others. 7. The project will require a National Pollutant Discharge Elimination System(NPDES) permit from the FDEP. 8. Please contact the City Public Works Services Department to see if any palm trees can be salvaged and relocated to a City park. Further review of the project will be conducted during the permitting process and construction for compliance of all local and state codes. The Engineer-of-Record is responsible for any requirements not identified by the City. o 11 JOHN A.PEKAR,P.E.,LLC Civil EnginowIng/Consviting 102 Columbia Drive Suite 207 Cape Canaveral,FL 32920 Office Phone:321-613-2959 Cell Phone: 321-283-1040 johnpelcar pe@gm ail.eom ogres, ,•..at 9BEa a Roti rite roniOowe(rbgmi l.cam eke Mano er CeU Prone: 321.303-9899 September 12,2013 TO: Barry Brown FROM: John A. Pekar SUBJECT: Site Plan Review#1 6395 N. Atlantic Avenue, Commercial Retail Center Project#: 13-0022 Barry: Per your request, I have performed an initial review of the drawings for the referenced project and have the following comments: 1. Who will water seed and mulch areas in retention basin until grass is established? 2. The construction note on Sheet C-3 states all side slopes steeper than 4:1 be sodded. The plan details show the retention slopes at 3:1. The City Code(Section 90-122)notes the banks of retention areas shall have a maximum slope of horizontal to vertical of 6:1. For this shallow system a 4:1 bank slope would be acceptable and allow better maintenance. Swale systems along the eastern property can be at 3:1. 3. The two foot(2') grass strip around the west and north sides of the building may increase maintenance mowing,clean outs,etc. Is this adequate for owner? 4. The seasonal high ground water for this site(and as estimated by GSE)seems too low. Was a 24-hour measurement taken after the hole was open? The seasonal high water elevation is critical for functioning of the system. 5. Can any of the palm trees proposed for demo be located to Banana River Park? 6. For uncurbed asphalt areas,what asphalt edge stabilization is proposed? 7. At site entrance, is concrete sidewalk(crossing driveway)to be striped? 8. Is a flume proposed for cross drainage(near entrance)of parking area,and into proposed pylon sign area? 9. Need joint detail or call outs for concrete slab areas. 10. Need irrigation plan (although referenced on Sheet C-l. Page 2 6395 N.Atlantic Avenue September 12,2013 Site Plan Review#1 11. Please note the long lead times for power pole removal with FPL. Early coordination is recommended. 12. Please coordinate with local bus transportation near your driveway. Sincerely, -41 John A. Pekar,P.E. JAP:rmf Barry Brown From: Glenn Pereno Sent: Thursday, September 19, 2013 1:58 PM To: Barry Brown Subject: Site plan review: Commercial Retail at 6395 N. Atlantic Ave. and Cape Caribe; BLDG S. Barry: At this time I do not have any comments, looks good. Thank you, • Glenn Pereno,Building Official Community& Economic Development Department City of Cape Canaveral 7510 N.Atlantic Ave. P.O. Box 326 Cape Canaveral,FL 32920 (321)868-1222 x12 (321)868-1247(fax) g..perenor!citvofcapecanaveral.org www.c ityofcapecanaveral.org "What a Man does for himself dies with him, but what a Man does for his community Lives forever" Author Unknown Florida has a very broad public records law.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request.unless otherwise exempt Under Florida Law.email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic email to this entity Instead.contact our office by phone or in writing. 1 Barry Brown From: Lonnie Dunn Sent: Monday, September 16, 2013 9:20 AM To: Barry Brown Cc: Jeff Ratliff; Susan Chapman; toglesby@wasteprousa.com Subject: FW: site plans (Waste Pro Comments) Good morning Barry. Please see the comments below from Ted Oglesby of Waste Pro. Thank you. Lonnie Lonnie Dunn Deputy Director of Public Works Services City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 L.Dunn i cityofcapecanaveral.org www.cityofcapecanaveral.org Office Phone: 321-868-1240 Office Fax: 321-868-1233 From: Ted Oglesby [mailto:toglesby@wasteprousa.com] Sent: Monday, September 16, 2013 9:14 AM To: Lonnie Dunn Subject: site plans I have looked over the two site plans,the retail store looks fine and also the 2 locations for roll-out dumpsters at cape Caribe building 5 look good. Ted Oglesby Division Manager Cocoa Division cell: 407-467-5934 office: 321-837-0055 fax: 321-639-8968 WASTE PRO rafteKI 1••• This e-mail message is intended only for the use of the addressee and may contain information that is privileged,confidential and/or exempt from disclosure.If you are not the intended recipient,please do not disseminate or copy this e-mail.Instead,please notify me immediately by return e-mail/telephone and then delete and discard all copies of the e-mail. Florida has a very broad public records iaw.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt.Under Florida Law,email addresses are public records.If you do not want your email address released in response to a public-records request.do not send electronic email to this entity.Instead.contact our office by phone or in writing. 1 Barry Brown From: Barry Brown Sent: Wednesday, September 18, 2013 2:14 PM To: Steve Monroe (stevem@meconstruction.com); 'stevem@midfleng.com' Subject: Dollar General - Preliminary Review Comments - Plan Set dated 090513 Attachments: Dollar General - Preliminary Review Comments - Plan Set dated 0.pdf Steve, Attached are review comments from Public Works, City Engineer, and WastePro. Comments from Building Official and Planning will follow by end of week. Deputy Fire Chief is out of town through 23`d. Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@cityofcapecanaveral.org (321) 868-1206 1 Nov Community & Economic Development Memo TO: The Development Review Committee (DRC): Jeff Ratliff, Director, Public Works Services; Lonnie Dunn, Deputy Director, Public Works Services; Glenn Pereno, Building Official; Barry Brown, Planning & Zoning Director; Ted Oglesby, Waste Pro; John Cunningham, Assistant Chief, CCVFD; John Pekar, City FROM: Susan L. Chapman, Administrative Assistant, Community & Economic Development Dept. DATE: September 10,2013 RE: Site Plan Review Cape Canaveral Commercial Retail Store-6395 N. Atlantic Avenue Please review the enclosed Site Plan Set for the construction of the Cape Canaveral Commercial Retail Store. Please provide your comments, questions, concerns, or recommendations on or before next Monday, September 16,2013. If you have any questions, please contact Barry Brown, Planning & Zoning Director at 868- 1206 or email: b.brown@cityofcapecanaveral.org. Thank you. Steve Monroe From: Ken Hill <khill@gseengineering.com> Sent: Friday, October 04, 2013 8:48 AM To: Steve Monroe Subject: RE:Cape Canaveral Commercial Retail Store/City of Cape Canaveral Comments Steve: The soil survey maps the soils in the area of the site as Canaveral - Urban land or Palm Beach sand. Palm Beach sand has a water table always deeper than 10 feet. We encountered water at 9 feet, so the soils are not likely Palm Beach sand. The Canaveral—Urban land has a seasonal high water table at 4 to 5 feet deep. We encountered groundwater at 9 feet, and encountered a strong indicator of the seasonal high level at 5 feet everywhere across the site. We did not leave the soil borings open for 24 hours to measure the groundwater levels. However, because of the high permeability of the sands at this site (20 to 60 feet per day)the groundwater will seep into the boreholes very rapidly and give us a good indicator of the water table depth after just a few minutes of leaving the boreholes open. Additionally,the depth of the water table would not affect our wet season estimates, unless we encountered groundwater significantly higher or lower than what is indicated by the soil survey, which in this case the water table depths were consistent with the soil survey. Also, if you look at the Google aerials for the site, there are no wet ponds anywhere along A1A. The only wet ponds are for sites directly adjacent to the Intercoastal. We believe our wet season estimates are appropriate. Kenneth L. Hill, P.E. Principal Engineer GSE Engineering&Consulting, Inc. 5590 SW 64th Street,Suite B Gainesville, Florida 32608 352-377-3233 Fax—352-377-0335 From: Steve Monroe [mailto:SteveM@meconstruction.com] Sent: Thursday, October 03, 2013 4:40 PM To: Ken Hill (GSE Engineering &Consulting) (khill@gseengineering.com) Subject: Cape Canaveral Commercial Retail Store/ City of Cape Canaveral Comments RE: GSE Project#11895 Good afternoon Mr. Hill, We are working on the City of Cape Canaveral Comments. One comment pertains to the geotechnical report you prepared for this site. The comment is as follows: • The seasonal high ground water for this site (and as estimated by GSE)seems too low. Was a 24-hour measurement taken after the hole was open? The seasonal high water elevation is critical for functioning of the system. 1 *110 Please respond. Feel free to contact me with any questions. Thank you in advance. Steve Monroe, P.E. Vice President of Engineering MEC M.E. CONSTRUCTION, INC. 7607 Coral Drive West Melbourne, FL 32904-1197 Office: 321-723-5661 Fax: 321-951-1952 Email: stevemPmeconstruction.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted,corrupted,lost, destroyed,arrive late or incomplete,or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message,which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. M.E.Construction,Inc., 7607 Coral Drive,West Melbourne,FL,USA,http://www.meconstruction.com 2 • �NNB 41 •t y�9 St. Johns River F ,,,=0/ =0/ Water Management District 444,4,0 Hans G.Tanzler III,Executive Director 4049 Reid Street • P.O.Box 1429 • Palatka, FL 32178-1429 • (386)329-4500 On the Internet at floridaswater.com. REGULATION OF STORMWATER MANAGEMENT SYSTEMS CHAPTER 40C-42, F.A.C. PERMIT NO. 42-009-135466-1 DATE ISSUED: September 18, 2013 A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by Retention for Cape Canaveral Commercial Retail Store, a 1.03-acre project to be constructed as per plans received by the District on September 9, 2013. LOCATION: Section(s): 26 Township(s): 24S Range(s): 37E Brevard County ISSUED TO: Concept Development LLC 5200 NE 43rd St Suite 102-381 Gainesville, FL 32606-4482 This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C-42, F.A.C., issued by the staff of the St. Johns River Water Management District on September 18, 2013. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed. This permit is a legal document and should be kept with your other important records. The permit requires the submittal of an As-built certification and may require submittal of other documents. All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued. An As-built certification form is attached. Complete this form within 30 days of completion of construction of the permitted system, including all site work. Upon receipt of the As-built certification, staff will inspect the project site. Once the project is found to be in compliance with all permit requirements, the permit may be converted to its operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C-42.028, F.A.C. GOVERNING BOARD Lad Daniels,CHAIRMAN John A.Miklos,VICE CHAIRMAN Douglas C.Bournique,SECRETARY Maryam H.Ghyabi,TREASURER JACKSONVILLE ORLANDO VERO BEACH ORMOND BEACH Douglas Burnett Chuck Drake George W.Robbins Fred N.Roberts,Jr. W.Leonard Wood ST AUGUSTINE ORLANDO JACKSONVILLE OCALA FERNANDINA BEACH Permit issuance does not relieve you from the responsibility for obtaining permits from any federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please note that if dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per day or more, or an average of 100,000 gallons per day or more over a year, and any discharge is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the District prior to starting the dewatering. Please contact the District if you need additional information or application materials. Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part thereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified, or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a valid permit for the new property owner. Thank you for your cooperation, and if this office can be of any further assistance to you, please do not hesitate to contact us. By: John Juilianna Service Center Director Enclosures: As-built Certification Form Exhibit A cc: District Permit File Agent: Matt Cason Concept Development LLC 5200 NE 43rd St Suite 102-381 Gainesville, FL 32606-4482 Consultant: Steven W Monroe M E Construction Inc 7607 Coral Dr West Melbourne, FL 32904 "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-009-135466-1 Concept Development LLC DATED SEPTEMBER 18, 2013 1. This permit for construction will expire five years from the date of issuance unless otherwise specified by a special condition of the permit. 2. Permittee must obtain a permit from the District prior to beginning construction of subsequent phases or any other work associated with this project not specifically authorized by this permit. 3. Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems. Adequate measures must be taken to prevent siltation of these treatment systems and control structures during construction or siltation must be removed prior to final grading and stabilization. 4. The permittee must maintain a copy of this permit complete with all conditions, attachments, exhibits, and permit modification in good condition at the construction site. The complete permit must be available for review upon request by District representatives. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 5. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall be considered a violation of this permit. 6. District authorized staff, upon proper identification, must be granted permission to enter, inspect and observe the system to insure conformity with the plans and specifications approved by the permit. 7. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are hereby incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specification in chapter 6 of the Florida Land Development Manual: A guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 8. If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(13) (As built Certification By a Registered Professional), signed and sealed by an appropriated professional registered in the State of Florida, and one (1) set of"As Built" drawings when a) required by a special condition of this permit, b) the professional uses "As Built" drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 9. If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(14) (As built Certification), signed by the permittee and one (1) set of"As Built" drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 10. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased. 11. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the Changes prior to implementation so that a determination can be made whether a permit modification is required. 12. Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of the permit shall be in accordance with the provisions of section 40C-1.612, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 13. The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure. The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 14. The operation phase of the permit shall not become effective until the permittee has submitted the appropriate As-Built Certification Form, the District determines that the system complies with the permitted plans, and the entity approved by the District in accordance with section 40C-42.027, F.A.C., accepts responsibility for operation and maintenance of the system. The permit cannot be transferred to such an approved, responsible operation and maintenance entity until the requirements of section 40C- 42.028, F.A.C., are met, and the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District in accordance with section 40C-42.028, F.A.C., the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to subsection 40C-42.028 (4) F.A.C., the permittee shall be liable for compliance with the terms of the permit. 15. Prior to lot or unit sales, or upon completion of construction of the system, whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded, if the latter is appropriate. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity, Failure to submit the C appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system. 16. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40C-42.028, F.A.C. 17. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 18. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 19.Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 20.All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 21. Prior to construction, the permittee must clearly designate the limits of construction on- site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 22.The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name, address, and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 14 days the entity shall submit an Exceptions Report to the District, on form number 40C-42.900(6), Exceptions Report for Stormwater Management Systems Out of Compliance. 23.The proposed stormwater management system shall be constructed and operated in accordance with the plans received by the District on September 9, 2013. Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerksjrwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro- rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code),which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR.Decision.DOC.001 Revised 12.7.11 Notice Of Rights CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: Concept Development LLC 5200 NE 43rd St Suite 102-381 Gainesville, FL 32606-4482 At 4:00 p.m. this 18th day of September, 2013. Margaret Daniels, Bureau Chief Bureau of Regulatory Support St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177 (386) 329-4570 Permit Number: 42-009-135466-1 (11111; RULE 14-86004,F A C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 1 of 8 To be completed by DOT Drainage Connection Permit No. 2013-D-590-22 Date 09/23/2013 Received By Jose Ortiz Maintenance Unit 590 State Road No.A1A Work Program Project No. Section No. 70080 Construction Project No. Milepost 1.7.S4. Station Instructions for Drainage Connection Permit Pursuant to 14-86.004(6), F.A.C. "The Drainage Connection Permit form serves as the application. Once approved by the Department,the form and supporting documents become the Drainage Connection Permit." The applicant shall submit four completed permit packages with original signatures. Each package shall include all required attachments. All required signed and sealed plans and supporting documentation shall be submitted on no larger than (11"X 17") multipurpose paper, unless larger plan sheets are requested by the reviewer. The package will include the following items. If an item does not apply to your project, indicate"Not Applicable"or"N/A." Included Part Title Completed by: Special Instructions 1 Permit Information Sheet Applicant 2 Certification by a Licensed Licensed Signed and Sealed Professional Professional 3 Certification Applicant Signature 4 Owner's Authorization of a Owner Signature Representative 5 Affidavit of Ownership or Owner Signature Control and Statement of Contiguous Interest 6 Permit General Conditions FDOT 7 Permit Special Conditions FDOT 8 As-Built Certification Licensed Signed and Sealed—Submit within 15 Professional working days of completion of construction Attachment Legal Description Attachment Photographs of Existing Conditions Attachment Location Map Attachment Grading Plan Attachment Soil Borings Licensed Signed and Sealed Attachment Water Table/ Percolation Professional Attachment Calculations Attachment CD with Electronic Files of all Scanned Images in pdf format Submittal Items Note: Different Licensed Professionals may complete parts of the permit package. For example the Licensed Professional signing and sealing the as-built certification may be different from the Licensed Professional who signed and sealed the calculations for the permit package. EXCEPTIONS: Activities that qualify for an Exception are listed in Rule 14-86, F.A.C. A permit application to the Department is NOT required. However, if you desire verification whether the work qualifies for an exception, send a completed copy of this permit package with its requested information to the applicable FDOT District Office. RULE 14-86.004,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 2 of 8 PART 1 —Permit Information Sheet Select one: ❑✓ Permit ❑ Exception Pursuant to 14-86.002(2), F.A.C. "Applicant means the owner of the adjacent property or the owner's authorized representative." Applicant Select one: ❑ Property Owner ®Owner's Representative(Complete Part 4) Name: Matt Cason Title and Company: Managing Member, Concept Development, LLC a Address: 5200 NW 43rd St. Ste. 102-381 City: Gainesville State: FL Zip: 32606-4482 Telephone: (352)333-3233 FAX: (800)218-7809 Email: Property Owner(If not applicant) Name: B& B Enterprises of Cape Canaveral, LLC Title and Company: B&B Enterprises of Cape Canaveral, LLC Address: 2210 S.Atlantic Ave. City: Cocoa State: FL Zip: 32931 Telephone: FAX: Email: Applicant's Licensed Professional Name: Steven W. Monroe, P.E. Florida License Number: #61778 Title and Company: Mid-Florida Engineering Consultants Address: 7607 Coral Dr. City:W. Melbourne State: FL Zip: 32904 Telephone: (321)723-5661 FAX: (321) 951-1952 Email: stevem@meconstruction.com Project Information: Project Name: Cape Canaveral Commercial Retail Store Location: 6395 N.Atlantic Ave. Cape Canaveral STREET SR.NO. US HWY NO. CITY Brevard 16 28 p 28 COUNTY SECTION(S) TOWNSHIP(S) RANGE(S) `Geographic Coordinates: Latitude(DMS.SSS): 28D 02'42" Longitude(DMS.SSS): 80D 37'20" Horizontal Datum: (NAD 83/ Adj.) *State Plane Coordinates: Northing Easting: Projection Zone: 0 Florida North lI Florida East 0 Florida West Coordinate shall be the center of the driveway intersection with FDOT R/W,or,if there is no driveway connection,near the center of the property line nearest the state highway. *Check with the FDOT Office for requirement. 0 RULE 14-86.004,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 3of8 Brief description of facility and proposed connection: Stormwater system will service a new+9,211 I SF commercial retail store with associated parking and paving. Project is designed for 100 year storm event with 0 cfs outfall Briefly describe why this activity requires a Drainage Connection Permit (Include where the stormwater will discharge to FDOT right of way): Project designed for 100 year storm No outfall RULE 14-86 004,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040.06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 4 of 8 PART 2—Certification by a Licensed Professional In accordance with Rule 14-86, Florida Administrative Code (F.A.C.), I hereby certify that the following requirements are and/or will be met. This project has been designed in compliance with all applicable water quality design standards as required by state governmental agencies. 14-86.004(3)(f)(F.A.C.): Certification by a Licensed Professional that the complete set of plans and computations complies with one of the following Rules Sections: I14-86.003(2)(a)(F.A.C.), or ❑ 14-86.003(2)(b)(F.A.C). (check one) I further certify that a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges associated with industrial activity from construction sites les required El is not required. (check one) I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment. This certification shall remain valid for any subsequent revision or submittal of plans, computation or other project documents by me. Name of Licensed Professional: Steven W. Monroe, P.E. Florida License Number: #61778 Company Name(if applicable): Mid-Florida Engineering Consultants Certificate of Authorization Number(if applicable): Address: 7607 Coral Dr. City: W. Melbourne State: FL Zip: 32904 Telephone:(321)723-5661 Fax: (321) 951-1952 Email: stevem@meconstruction.com 00111188/%. t.‘‘� �e>J�'i,••GENSF'•• p 4<,.**\> .vvos Co: No €0778 •'; Signature o Lice sed Professional -O . Sc Pb.'E Q ;Z w ate 10 0 C fk\� .• ,••.' (Affix Seal) "e„ C.&S;ONPe ° ee:4 411r r.r RULE 14-86.004,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 5 of 8 PART 3—Certification by Applicant I hereby certify that the information this submittal is complete and accurate tothe best of my knowledge. Applicant's Signature: < ��� Date: 9 S /7 Name (Printed): Matt Cason Title and Company: Managing Member, Concept Development, LLC Address: 5200 NW 43rd St. Ste. 102-381 Gainesville FL 32606-4482 Phone Number: (352) 333-3233 E-mail address: PART 4—Owner's Authorization of a Representative I (we), the owner, B & B Enterprises of Cape Canaveral, LLCdo hereby authorize the following person,or entity, as my representative: Name (Printed): Matt Cason Title and Company: Managing Member, Concept Development, LLC Address: 5200 NW 43rd St. Ste. 102-381 Gainesville FL 32606-4482 Phone Number: (352) 333-3233 E-mail address: Part 5—Affidavit of Property Ownership or Control and Statement of Contiguous Interest I, B & B Enterprises of Cape Canaveral, LLC , certify that I own or lawfully control the following described property: Brev. Co. Parcel Id: 24-37-26-00-00253.0-0000.0, also know as. 6395 N. Atlantic Ave. Cape Canaveral, FL 32920 Does the property owner own or have any interests in any adjacent property? E No ❑ Yes If yes, please describe. Owner's Signature required for Parts 4 and/or 5 We will not begin on the drainage connection until I receive the Permit and I understand all the conditions of the Permit. When work begins on the connection, I am accepting all conditions listed in the Permit. Name(Printed): B & B Enterprises of Cape Canaveral, LLC Address: 2210 S. Atlantic Ave. Cocoa FL 32931 Phone Number: Signature: ' � :' �`- rf Date: it 2/i I • RULE 14-86 004,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040.06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/06 Page 6 of 8 PART 6—Permit General Conditions 1. This permit is a license for permissive use only and does not convey any property rights either in real estate or material, or any exclusive privilege and it does not authorize any injury to private property or invasion of private rights,or any infringement of Federal, State or local laws, rules or regulations; nor does it obviate the necessity of obtaining any required state or local approvals. 2. The drainage connection as authorized herein shall be constructed and thereafter maintained in accordance with the documents attached hereto and incorporated by reference herein. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. Such construction shall be subject to the inspection and approval of the Department, and the Department may at any time make such inspections as it deems necessary to assure that the drainage connection is in compliance with this permit. 3. The entire expense of construction within the Department right of way, including replacement of existing pavement or other existing features, shall be borne by the permittee. , 4. The permittee shall maintain that portion of the drainage connection authorized herein located on permittee's property in good condition. The Department shall maintain that portion of the drainage connection authorized herein located within its right of way. 5. If the drainage connection is not constructed, operated or maintained in accordance with this permit, the permit may be suspended or revoked. In this event modification or removal of any portion of the drainage connection from the Department's right of way shall be at the permittee's expense. 6. The Department reserves the right to modify or remove the drainage connection to prevent damage or in conjunction with road improvements. 7. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Department's right, title,and interest in the land to be entered upon and used by the permittee, and the permittee will, at all times, assume all risk of and indemnify, defend and save harmless the Department from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said permittee of these rights and privileges, regardless of the respective degrees of fault of the parties. 8. Utilities, including gas lines, may exist within the right of way. Prior to beginning work the permittee shall contact Sunshine State One Call of Florida, Inc at 811 or 800-432-4770,who will notify all utility owners near the scheduled project. The utility owners have two(2)full business days to provide locations of their respective facilities. The permittee shall be solely responsible for any damage to or conflicts with gas lines, utilities and/or third persons. 9.The permittee shall notify the Department of Transportation Maintenance Office located at 555 CAMP RD., COCOA, FL Phone 321-634-6062 48 hours in advance of starting any work on the drainage connection authorized by this permit and also 24 hours prior to any work within the Department's right of way. Construction of any work on the right of way shall be completed within 180 days after such notification. If such construction is not completed within 180 days after such notification, the permittee shall notify the Department of the anticipated completion date. 10.This permit shall expire if construction on the drainage connection is not begun within one year from the date of approval and if construction on the drainage connection is not completed by(Date) 9/3o/Zw6 11. A permittee may request an extension of the Drainage Connection Permit expiration date by filing a written request for a permit time extension. All requests for time extensions must be received by the Department 15 working days prior to the expiration date. 12. All the provisions of this permit shall be binding on any assignee or successor in interest of the permittee. • • RULE 14-86.004.F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 7 of 8 PART 7— Permit Special Conditions—To be completed by FDOT The above request has been reviewed and has been found to meet the regulations as prescribed in Rule 14-86, F.A.C., and is hereby approved, subject to the following special conditions: D.O.T. PERMIT NUMBER 2013 " 0590 - 22 ACCORDING TO THE SIGNED & SEALED DRAWINGS DATED q/5)2oi3 COMPUTATION..S DATED_e/4/zot3 Department of Tra :ti' n: Signature1011M ;�. it 0 • • Title 211r ► '4, 00( Date SEP 8 0 2013 RULE 14-86.004,F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850.040-06 DRAINAGE CONNECTION PERMIT ROADWAY DESIGN 10/08 Page 8 of 8 PART 8—As-Built Certification Within 15 working days of completion of construction, you must send this certification to the Department office in which you filed your DOT Drainage Permit. 1. STORM WATER FACILITY INFORMATION Permit No.: Source(Project)Name: Cape Canaveral Commercial Retail Store Source Location: Street 6395 N.Atlantic Ave. City: Cape Canaveral p County: Brevard Source Owner: Matt Cason Managing Member, Concept Development, LLC Owner Address: 5200 NW 43rd St. Ste. 102-381 Gainesville FL 32606-4482 2. AS-BUILT CERTIFICATION I hereby certify that this storm water facility has been built substantially in accordance with the certified design plans,and that any substantial deviations(noted below)will not prevent the facility from functioning in compliance with the requirements of Chapter 14-86 F.A.C.when properly maintained and operated. These determinations have been based upon on-site observation of construction, scheduled and conducted by me or by a project representative under my direct supervision. Name of Licensed Professional: Steven W. Monroe, P.E. Florida License Number: #61778 Company Name(if applicable): Mid-Florida Engineering Consultants Certificate of Authorization Number(if applicable): Address: 7607 Coral Dr. City: W. Melbourne State: FL Zip: 32904 Telephone:(321)723-5661 Fax: (321)951-1952 Email: stevem@meconstruction.com Signature of Licensed Professional Date (Affix Seal) Substantial deviations from the approved plans and specifications(attach additional sheets if required). • poncitw . FLORIDA DEPARTMENT OF FW' �A f ENVIRONMENTAL PROTECTION RICK SCOTT BOB MARTINEZ CENTER GOVERN R 2600 BLAIRSTONE ROAD HERSCHEL T.VINYARD JR. TALLAHASSEE,FLORIDA 32399-2400 SECRETARY September 16,2013 Matthew Cason Concept Development, LLC 5200 NW 43rd Street Ste. 102-381 Gainesville, FL 32606 RE: Facility ID: FLR1ONE17 Cape Canaveral Commercial Retail Store County: Brevard Dear Permittee: The Florida Department of Environmental Protection has received and processed your Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities (NOI) and the accompanying processing fee. This letter acknowledges that: your NOI is complete; your processing fee is paid-in-full; and you are covered under the Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP), DEP Document No. 62-621.300(4)(a). Your project identification number is FLR1ONE17. Please include this number on all future correspondence to the Department regarding this permit. This letter is not your permit; however, this letter does serve as verification of permit coverage. A copy of the permit language is available online at www.dep.state.fl.us/water/stormwater/npdes/docs/cgp.pdf or by contacting the NPDES Stormwater Notices Center. Your permit coverage becomes effective 9/15/2013 and will expire 9/14/2018. To terminate your coverage prior to this expiration date, you must file a National Pollutant p Facility ID: FLR10NE17 Page 2 September 16, 2013 Discharge Elimination System (NPDES) Stormwater Notice of Termination, DEP Form 62- 621.300(6) (NOT). An NOT must be filed within 14 days of either (a) your final stabilization of the site or (b) your relinquishment of control of the construction activities to a new operator. To renew your coverage beyond the expiration date, you must submit a new NOI and processing fee to the Department no later than two days before coverage expires. Until your permit coverage is terminated, modified, or revoked, you are authorized to discharge stormwater from the construction site referenced in your NOI to surface waters in accordance with the terms and conditions of the CGP. Some key conditions of the CGP are: implementation of your stormwater pollution prevention plan (SWPPP); conducting and documenting routine inspections; and retaining the records required by the permit (including your SWPPP) at the construction site or the alternate location specified in your NOI. If you have any questions concerning this acknowledgment letter, please contact the NPDES Stormwater Notices Center at (866) 336-6312. Sincerely, e)CuNdiaU QpJJMoW Candace Richards Data Entry Operator NPDES Stormwater Program Steve Monroe From: Gary Neal Sent: Friday, September 27, 2013 3:44 PM To: Steve Monroe Subject: FW: Cape Canaveral Retail Store Water Permit Gary H.Neal II,E.I. Director of Business Development Ilk ,MEçM M.B.CONWTHUCTIO . 7607 Coral Drive West Melbourne,FL 32904-1197 (321) 723-5661 phone, (321) 626-6738 cell, (321) 951-1952 Fax gary@meconstruction.com From: Peggy Turner[mailto:pturner@cocoafl.org] Sent: Friday,September 27, 2013 3:42 PM To:Gary Neal Subject: RE:Cape Canaveral Retail Store Water Permit Hey Gary, There is an existing 1 1/2" meter at this site. Please call Alva Hernandez with our Customer Service Department to set up the account when ready. Her number is 321-433-8412. No further action is needed with the plans since there are no new utilities proposed. Sincerely, Peggy Turner Engineering Supervisor City of Cocoa Phone: 321-433-8799 Cell: 321-536-4992 Fax: 321-433-8708 Email: pturnerAcocoafl.orq From: Gary Neal [mailto:GaryNOmeconstruction.com] Sent: Friday, September 27, 2013 9:57 AM To: Peggy Turner Cc: Steve Monroe Subject: Cape Canaveral Retail Store Water Permit Hello Peggy, 1 tin Thank you for your return call today. The address of the site is 6395 N.Atlantic Avenue,Cape Canaveral, FL 32920. Thanks again. Gary H.Neal II,E.I. Director of Business Development IlkMIR 11.5.CONSTRUCTION, .'C. 7607 Coral Drive West Melbourne,FL 32904-1197 (321) 723-5661 phone, (321) 626-6738 cell, (321) 951-1952 Fax gary@meconstruction.com Click here to report this email as spam. This electronic message is privileged and confidential material. This message is intended solely for the individual or entity named above. If the receiver of this message is not the intended recipient, please be advised that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete it. 2 tvtr. i Gniuntries ) nc1 " 6 ttal 1 SQp,CE AA, • , . City ! inartment 74 OF -'.11:11""CANAVERAL lir, November 25, 2013 Mr. Jack West, Permit Manager, Brevard Operations Florida Department of Transportation 555 Camp Road, Cocoa, FL 32927 RE: DOLLAR GENERAL STORE- PLAN SET DATED OCTOBER 4, 2013 Dear Mr. West: On October 23, 2013, the Planning and Zoning Board reviewed the Dollar General Store site plan set dated October 4, 2013 and recommended approval to Staff. Staff has "substantially approved"the Site Plan Set. The following items are still outstanding: 1. Loading area—addition of 5 feet to the length of the loading area. 2. Driveway permit — approval of driveway permit application by the Florida Department of Transportation. 3. Stormwater—resolution of questions/issues regarding the retention pond. Sincerely, Barry Bro - Planning and Zoning Director cc: Steven W. Monroe, P.E., Mid-Florida Engineering Consultants 7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.cityofcapecanaveral.org • email:info@cityofcapecanaveral.org • ■ MEEIC -MID-FLORIDA ENGINEERING CONSULTANTS Date: October 15, 2013 LETTER OF TRANSMITTAL - To: Barry Brown City of Cape Canaveral 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 M.E.C. Job No.: 31315 iLE Copyt Project: Cape Canaveral Commercial Retail Store File: No: DESCRIPTION: : 10 : Sets of project plans as requested • • • • • • • • • • • • • • • Transmitted: For Your Use As Requested For Review and Comment Remarks: • • • • Kimberly Bedwell Drafter kimberly@meconstruction.com CC: File 7607 Coral Drive,West Melbourne,FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG. #7219 www.meconstruction.com Barry Brown riAk4-r 7-4/t/ v- From: Todd Morley Sent: Monday, October 28, 2013 3:55 PM To: David Greene;Jeff Ratliff; Lonnie Dunn; Barry Brown;Angela Apperson Subject: FW: Permit Review for retail site on AlA All, de4- J( kf i k— C FYI Todd C r kit,%A' Todd Morley r , �r/ `e G&4d Community&Economic Development Director 5-Pf- City l of Cape Canaveral k G 7510 N.Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 y 1 ` (321)868-1222 x14 (321)868-1247(fax) t.morleyccityofcapecanaveral.org • www.cityofcapecanaveral.org "If it is to be,itis up to me" ;,,,.`, ✓ lzt7 7 (tr.?, From: West, Jack [mailto:Jack.West@dot.state.fl.us] Sent: Monday, October 28, 2013 3:49 PM To: Woodward, Mike Cc: Moore, John; Dyke, Kenneth; Cairns, Christopher; Todd Morley Subject: RE: Permit Review for retail site on AlA Mike, The developer is required to obtain local government site plan approval prior to FDOT approving the driveway permit, During site plan review the City of Cape Canaveral will coordinate any concerns they might have with the developers plans. Thank you. Jack West Permit Manager D5- Brevard Operations 321-634-6065 jack.west@dot.state.fl.us From: Mike.Woodward@)kimley-horn.com [mailto:Mike.WoodwardOkimley-horn.com] Sent: Monday, October 28, 2013 3:05 PM To: West, Jack Cc: Moore, John Subject: FW: Permit Review for retail site on AlA 1 On behalf of John Moore and the A11orridor Project, we offer the following coMeents on Permit#2013/A/590/45: We recommend coordinating with the City since they should likely be the ones to comment about widening the sidewalk: • "The A1A Multimodal Corridor Planning and Engineering Analysis has identified sidewalk improvements throughout A1A that include the sidewalk in front of the proposed retail store. Specifically, the improvement in this area is to widen the sidewalk to 8' wide. This will require utility coordination and modifications." We will contact City staff to discuss. Thanks, Michael R. Woodward, P.E. Kimley-Horn and Associates, Inc. 3660 Maguire Boulevard, Suite 200 Orlando, FL 32803 TEL 407-898-1511 DIR 407-427-1639 MOBILE 407-690-0618 mike.woodward@kimley-horn.com From: Moore, John [mailto:John.Moore@adot.state.fl.us] Sent: Monday, October 14, 2013 12:27 PM To: Woodward, Mike Subject: Re: Permit Review for retail site on AlA Please forward to who ever sent it to me. Thanks. Sent from my iPad On Oct 14, 2013, at 12:25 PM, "Mike.Woodward@kimley-horn.com"<Mike.Woodward@kimley-horn.com>wrote: John, After reviewing the site plan for the proposed 9,311 SF retail site on A1A (in Cape Canaveral across from Cleveland Ave.), I offer the following notes: • Access to the site will be provided via 1 driveway on A1A. There is an existing site on the parcel that has 2 driveways plus a dirt road access driveway. • The applicant has been coordinating with Traffic Ops regarding turn lanes into the site. Their study concluded that they should have a northbound left turn lane, but do not need a right turn lane. o The left turn lane will require striping changes to also accommodate the existing southbound left turn movement onto McKinley Ave. (just south of Cleveland). There isn't enough length for back-to-back turn lanes (queue + decel +transition), so there will be a compromise o Traffic Ops will guide the changes to the turn lanes. 2 I have one comment on the site plan. I recommend coordinating with the--city since I think they should be the ones to comment about widening the sidewalk: • "The A1A Multimodal Corridor Planning and Engineering Analysis has identified sidewalk improvements throughout A1A that include the sidewalk in front of the proposed retail store. Specifically,the improvement in this area is to widen the sidewalk to 8'wide. This will require utility coordination and modifications." Let me know if you would like additional details or if you would like to see the site plan and traffic study. Thanks, Michael R. Woodward, P.E. Kimley-Horn and Associates, Inc. 3660 Maguire Boulevard, Suite 200 Orlando, FL 32803 TEL 407-898-1511 DIR 407-427-1639 MOBILE 407-690-0618 mike.woodward@kimley-horn.com Florida has a very broad public records law.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt.Under Florida Law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic email to this entity. Instead,contact our office by phone or in writing. 3 Rine'.4-96 f-A C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-21 STATE HIGHWAY ACCESS CONNECTION SYSTEMS PLANNING ,vsa COMPLETENESS REVIEW Additional information is required on the below referenced Connection Application PART 1: APPLICANT INFORMATION APPLICATION NUMBER: 2013-A-590-45 SR A1A Section 70080 PROJECT NAME: Cape Canaveral Commercial Retail Store Name of Applicant or authorized agent: Matthew D. Cason, Managing Member Name of Organization: Concept Development, LLC Mailing Address: 5200 NW 43rd St. Ste 102-381 Engineer, Consultant or Project Manager: Steven W. Monroe/Mid-Florida Engineering Consultants Address: 7607 Coral Drive W. Melbourne, FL 32904 PART 2: ADDITIONAL INFORMATION REQUIRED NOTE: YOU HAVE 60 DAYS FROM THE RECEIPT OF THIS REVIEW TO RETURN THE ADDITIONAL INFORMATION REQUESTED. If the additional information has not been received by the Department within 60 days, the Application shall be acted upon with the information provided in the application. (You can request more than 60 days by completing the Applicant Time Extension Form#850-040-22). THE FOLLOWING INFORMATION IS REQUIRED: Local Maintenance Unit Comments: 1)Submit local government site plan approval, letter form. 2)Submit notarized letter form property owner B&B Enterprises of Cape Canaveral LLC, giving Matthew D. Cason, Managing Member of Concept Development Authorization to sign as applicant for FDOT driveway permit. 3) Note on plan sheet and show in driveway cross-section C-5, saw cut and remove existing asphalt shoulder. Replace white edge stripe per district comment sheet C-3 item 3. Replace with full depth asphalt pavement. 4)Construct 4'foot paved shoulders around driveway radius. Indicate with 6"white edge striping. 5) Note on plans to remove and replace concrete sidewalk joint to joint. 6) Not on plans, in areas where existing driveways are being removed, remove base rock in utility strip and replace with suitable soil for sodding. 7) Relocate existing signal traffic control box outside of driveway area. Relocation will require coordination with utility maintaining agency, Brevard County. 8) Because existing asphalt shoulder requires removing-replacing, FDOT recommends constructing driveway with asphalt material. 9) Include RMP's(Raised Pavement Markers)in areas of striping required by FDOT driveway gore area, median restriping. 10) Note on plans lane closure restrictions: No lanes closed between 7:00a.m.-8:00p.m. 11) Note on plans, all work within FDOT right of way shall conform with FDOT Standard Design 2014 Edition and Road and Bridge Specifications 2013 Editions. Continued next page R:.e 14 96.F'AC STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-21 STATE HIGHWAY ACCESS CONNECTION SYSTEMS PLANNING „rs4 COMPLETENESS REVIEW PART 2 (CONTINUED): ADDITIONAL INFORMATION REQUIRED Traffic Operations Comments: Sheet C-0: 1) Show all references to FDOT Standards as Specifications"2013" Design Index"2014". Sheet C-1: 1) Please show"2014" Index details not"2006", or other. Sheet C-3: 1) Please ensure all sidewalks will conform to ADA guidelines. 2) Do not show straight pavement arrows in the egress and ingress lanes. 3) Remove the solid outside white lane line and place 2 foot x 4 foot skip strip across the mouth of the driveway. 4) Do not show the radii control lines. They may inadvertently get striped as skip stripe guide lines. 5)The gore area at the driveway needs more detail and should be striped per Standard Index 173647 Sheet 5 of 14. To be more specific, the outer stripe should be 6 inch double yellow and the inside striping should be 18 inch yellow. 6)You may consider crosswalk striping from the outside parking/sidewalk to she stores door area. 7) Please be advised, there are buried signalization equipment for SR A1A at McKinley Ave along the frontage of your property. Any damages will be replaced at the permittee's cost. 8) Connect northbound and southbound left turn lanes with 6'-10'yellow skip striping at the(unsignalized) intersection. Sheet C-4: 1)Will any modification be needed due to the drainage inlet being so close to the sidewalk in the southwest corner? Sheet C-5: 1)The 75 foot L-1 distance for the proposed left turn lane is not per Index. 45 mph requires an 85 foot L-1. Sheet L-1: 1)Sight lines, per Standard Index 546, need to be clearly shown on the plans. ATTACH ADDITIONAL SHEET IF NECESSARY PART 3: RESPONSE ADDRESS IF YOU HAVE ANY QUESTIONS CONCERNING THIS REVIEW PLEASE CONTACT: SENT BY: Jack West ADDRESS: 555 Camp Road PRINT OR TYPE Cocoa, FL 32927 TITLE: Permit Manager, Brevard Operations PHONE: (321)634-6100 / SIGNATURE: i—iLL _ I DATE: 10/29/2013 FDOT STAFF Barry Brown From: John Cunningham <jcunningham@ccvfd.org> Sent: Thursday, October 24, 2013 7:28 AM To: Barry Brown Subject: RE: Radisson Parking Expansion - Site Plan Set Berry, We have reviewed the site plan and have no comments at this time. Thank you From: Barry Brown [mailto:B.Brown@cityofcapecanaveral.org] Sent: Wednesday, October 23, 2013 11:32 AM To: John Cunningham Subject: RE: Radisson Parking Expansion - Site Plan Set Importance: High Thanks John. Do you have review comments for the Dollar General Store also known as Cape Canaveral Commercial Retail Store? Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@cityofcapecanaveral.org (321) 868-1206 From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Wednesday, October 23, 2013 10:49 AM To: Susan Chapman; Todd Morley; Barry Brown; John - City Engineer Pekar; Glenn Pereno; Jeff Ratliff; Lonnie Dunn; Ted Oglesby @ Waste Pro Cc: David Greene Subject: RE: Radisson Parking Expansion - Site Plan Set We have reviewed the site plan and have no comments at this time,Thank you John Cunningham Canaveral Fire Rescue Asst. Chief J Fire Marshal i (321)783-4777 x)203 Work _ (321)783-5398 190 Jackson Ave Cape Canaveral, FL 32920 United States of America Jcunningham@ccvfd.org From: Susan Chapman [mailto:S.Chapman©cityofcapecanaveral.orq] Sent: Monday, October 21, 2013 12:49 PM 1 To: Todd Morley; Barry Brown; John ity Engineer Pekar; Glenn Pereno; Jeff Rat.,..i; Lonnie Dunn; John Cunningham; Ted Oglesby @ Waste Pro Cc: David Greene Subject: Radisson Parking Expansion - Site Plan Set Good Afternoon DRC, Attached is the 1st submittal of the Radisson Parking Expansion site plan set for your review. Paper copies have already been distributed. Please contact me if you have any questions. Thanks, Susan 5us0vt L_.. Chapm.avt, Administrative Assistant/Board Secretary Community and Economic Development 7510 N. Atlantic Avenue * P.O. Box 326 Cape Canaveral, FL 32920-0326 Email: S.chapman@cityofcapecanaveral.org Phone: (321)868-1205 * Fax: (321)868-1247 www.citvofcapecanaveral.org CELEBRATING 50 YEARS OF SUN, SPACE& SEA (1963-2013) Before you print this email or attachments,please consider the environment. Florida has a very broad public records law.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt. Under Florida Law,email addresses are public records. If you do not want your email address released in response to a public-records request,do not send electronic email to this entity. Instead,contact our office by phone or in writing. Florida has a very broad public records law.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt.Under Florida Law,email addresses are public records.If you do not want your email address released in response to a public-records request.do not send electronic email to this entity. Instead.contact our office by phone or in writing. 2 Barry Brown From: Glenn Pereno Sent Tuesday, October 15, 2013 2:07 PM To: Barry Brown Subject: Site plan review;Cape Caribe BLDG#5 and Dollar General Barry: I do not have any comment or code comments at this time for the Cape Caribe and Dollar General site plan review. Thank you, 4, Glenn Pereno,Building Official Community& Economic Development Department City of Cape Canaveral 7510 N.Atlantic Ave. P.O.Box 326 Cape Canaveral,FL 32920 (321)868-1222 x12 (321)868-1247(fax) g.pereno( cityofcapecanaveral.org www.cityofcapecanaveral.org "What a Man does for himself dies with him, but what a Man does for his community Lives forever" Author Unknown Florida has a very broad public records law.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt.Under Florida Law,email addresses are public records. If you do not want your email address released in response to a public-records request,do not send electronic email to this entity.Instead,contact our office by phone or in writing. 1 V JOHN A.PEKAR,P.E., Civil Enginwring/ConcuhLLCing 102 Columbia Drive Suite 207 Cape Canaveral,FL 32920 Office Phone:321-613-2959 Cell Phone: 321-288-1040 johnpekarpe@gmail.com f4 .4 613 yah? RaniFlowe maifowe@gmail.can ice Manager Cell Phone: 321-403-9899 October 8,2013 Barry Brown City of Cape Canaveral Community Development Department 7510 North Atlantic Avenue Cape Canaveral, FL 32920 Re: Site Plan Review#2/Approval 6395 N.Atlantic Avenue Project#13-0022 Dear Barry: I have reviewed the October 4, 2013 engineering responses from GSE Engineering concerning the above referenced project. Based on this review I recommend approval of the site plan by the City. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, John A. Pekar, P.E. JAP:rmf 9 ,.... Public Works Services Memo TO: Barry Brown Planning&Development Director i FROM: Jeff Ratliff PWS Director DATE: 10/08/13 Fi.1,11E COPY RE: Site Plan Submittal#2 Commercial Retail Store 6395 North Atlantic Avenue Public Works Services (PWS) has reviewed the Commercial Retail Center 2nd Site Plan Submittal. The Developer has responded adequately to PWS comments issued on September 15,2013. PWS has no further comments. NOTE: Further review of the project will be conducted during the remaining permitting process and construction for compliance of all local and state codes. The Engineer-of- Record is responsible for any requirements not identified by the City. 0 Community & Economic Development Department Menlo 10: The Development Review Committee (DRC): Todd Morley, Community & Economic Development Director; Barry Brown, Planning&Zoning Director; John Pekar, City Engineer; Glenn Pereno, Building Official; Jeff Ratliff, Public Works Director; Lonnie Dunn, Deputy Public Works Director; Ted Oglesby, Waste Pro; John Cunningham, Assistant Fire Chief,CCVFD. FROM: Susan L. Chapman,Administrative Assistant Community&Economic Development Department DATE: October 8,2013 ": k3/ `" .. RE: Cape Canaveral Commercial Retail Store(Dollar General) Site Plan- Submittal #2 Development Review Committee,please review the above referenced Site Plan Set. Comments, questions, concerns, or recommendations are due on or before this Thursday, October 10,2013. Please submit your comments to Barry Brown directly and cc: me. If you have any questions, please contact Barry Brown, Planning&Zoning Director at 868-1206 or email: B.brown@cityofcapecanaveral.org. Thank you. sib � - ATKC ■ -MID-FLORIDA ENGINEERING CONSULTANTS M.E.C.Job No.:31315 Project: Cape Canaveral Commercial File: City of Cape Canaveral October 4, 2013 Mr. Barry Brown City of Cape Canaveral 7510 N. Atlantic Avenue n a ^ .m,, s-.., ._ Cape Canaveral, FL 32920 L Re: Cape Canaveral Commercial Retail Store/response to comments Dear Mr. Brown, This letter responds to comments dated September 15, 2013. Please note, comments are listed/ numbered accordingly as follows. Public Works—Mr. Jeff Ratliff, PWS Director 1. City of Cape Canaveral (City) sanitary sewer is available in the site vicinity. An inspection of the sewer tap shall be made by the City, which shall be notified a minimum of 24 hours in advance. Acknowledged Please see sheet C-0. Note added. 2. On Sheet C-4, sewer system connection will not be allowed directly into the sewer manhole on the north side of the site. The alternative sewer service connection could tie into the 8"line that connects to that manhole in question. Please see sheet C-4. Plan revised to show connection just west of manhole, into the 8"gravity line. 3. Coordinate closely with the Florida Department of Transportation(FDOT) on any work performed in the SR AlA right-of-way. (e.g., driveways, utility construction,etc.) Acknowledged. Driveway application has been applied for and is currently under review with the Cocoa FDOT office. 4. Reclaimed water is available in the site vicinity. If reclaimed water is to be used,please include a note for the irrigation system for signage to state that reclaimed water is utilized for irrigation. These signs must be posted at the entrance area as required by the Florida Department of Environmental Protection(FDEP; Chapter 62-610.468, FAC). Also,the location of these signs shall be depicted on the detail sheets. Please see sheet L-1. Note added along with sign detail. Plan revised to show sign location on the site plan. 5. The developer shall be required to pay the City of Cocoa Water Department its share of the connection cost of any required up-sizing of the potable line for fire service. Acknowledge. Plans were provided to the City of Cocoa for review and comment. Email attached. None required. 6. The developer shall provide copies of all permits provided by others. Acknowledged. SJRWMD permit, FDOT Drainage& FDEP NOI attached. Outstanding permits are FDOT Driveway& City of Cape Canaveral site plan approval. Both are currently under review. 7607 Coral Drive,West Melbourne,FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG. #7219 www.meconstruction.com7607 Coral Drive,West Melbourne, A. 7. The project will requl e a National Pollutant Discharge Elimieon System (NPDES) permit from FDEP. Acknowledged. Copy attached. 8. Please contact the City Public Works Services Department to see if any palm trees can be salvaged and relocated to a City Park. Please see Cover sheet C-0. A note was added for the contractor to contact prior to clearing. Engineering: Mr. John Pekar, P.E. 1. Who will water seed and mulch areas in retention basin until grass is established? Please see sheet L-1. Note added to plan that irrigation is to be provided to dry retention areas. 2. The construction note on C-3 states all side slopes steeper than 4:1 be sodded. The plan details show the retention side slopes at 3:1. The City Code (Section 90-122)notes the banks or retention areas shall have a minimum slope of horizontal to vertical 6:1. For this shallow system a 4:1 bank slope would be acceptable and allow better maintenance. Swale systems along the eastern property can be 3:1. Contacted& discussed the project with Mr. Pekar on 10-4-13. The stormwater retention pond as shown is what is required for the project to meet FDOT& SJRWMD requirements. Stormwater was designed to leave space for a future drive connection to the rear of the property. Redesign of the retention with 4:1 slopes would require additional volume, thus loose the future drive space area. Mr. Pekar and I discussed that the depth of the retention pond is fairly shallow and the side slopes are fairly short for this project. Though a 4:1 slope is desired, a 3:1 is not uncommon & is maintainable. The project has been reviewed and approved by the SJRWMD& FDOT Drainage. Permits are attached. 3. The two foot(2') grass strip around the west and north sides of the building may increase maintenance mowing, cleanouts, etc. Is this adequate for the owner? Yes.A 2'flat along the building is typical for previous projects for this client and not uncommon. 4. The seasonal high ground water table for this site (and as estimated by GSE) seems too low. Was a 24-hour measurement taken after the hole was open? The seasonal high water elevation is critical for functioning of the system. GSE was contacted and provided the attached response. As EOR for this project,I researched a previous project we did adjoining the west property line. The seasonal high ground water table for that project was established at 1.0. GSE established the SHGWT for this project to be 7.0. 5. Can any of the palm trees proposed for demo be located to Banana River Park? In response to PWS similar comment, we added a note to Cover,Sheet C-0. 6. For uncurbed asphalt areas, what asphalt edge stabilization is proposed? Please see detail I/C-6. A note was added to extend the base 12"is areas without curb. This will stabilize the edge of pavement. 7. At site entrance, is concrete sidewalk(crossing driveway)to be striped? Yes. Please see sheet C-3. Plan proposes parallel 12"white stripes. 8. Is a flume proposed for cross drainage (near entrance)of parking area, and into proposed pylon sign area? Please see plan sheet C-3& C-4. Plan was revised to provide a flume and to call out the 2'curb cut. 9. Need a joint detail or call outs for concrete slab areas. Added detail 2/C-3. 10. Need irrigation plan(although referenced on C-1). Contacted& discussed with ilIr. Pekar on 10-4-13. Please see sheet L-1, note 3. Irrigation system & design by the irrigation contractor. 11. Please note the long lead times for power pole removal with FPL. Early coordination is recommended. Acknowledged. Thank you. A note to the contractor was added on the Cover Sheet C-0. 7607 Coral Drive,West Melbourne,FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG.#7219 www.meconstruction.com7607 Coral Drive,West Melbourne, 12. Please coordinate win local bus transportation near your drivf ay. Ironically, there is an existing bus stop located directly across the street from this site. Waster Pro: Mr. Ted Oglesby (approved) Thank you. Planning: Mr. Barry Brown, Planning&Zoning Director 1. Sheet L-1 —Landscape Note#4—All new plant materials should be"Florida Fancy" grade. Sheet L-1 revised,please see note#4. 2. Sheet L-1 —Silverthom is not on the list of allowable species Section 201-52. Also, while it is listed in the Plant Legend, I did not see it on the landscape plan. Plan Sheet L- 1 revised. Reference to "Silverthorn"has been removed. 3. Sheet L-1 —More 5 point trees have been provided than required by code. Also,two trees are shown in landscape islands that may be better with only one tree. PLEASE CALL ME TO DISCUSS LANDSCAPE PLAN. Mr. Brown was out of town at time of submission. Islands with more than (1) tree, trees were further separated or trees renzoved leaving a single tree. EOR will contact Mr. Brown to discuss& make any further revisions to the Landscape Plan as required prior to the P&Z meeting. 4. Sheet C-3 —Depict A/C units and fence as called for by the Community Appearance Board. Please see plan sheet C-3, revised. Building Department: Mr. Glenn Pereno, Building Official Please notify Mid-Florida Engineering Consultants,dba immediately should any additional information be needed for plan approval. Sincerely, Steve Monroe P.E. Vice President of Engineering stevem@meconstruction.com 7607 Coral Drive,West Melbourne,FL 32904 (321) 723-5661 Fax (321)951-1952 PE 0036127 ENG. #7219 www.meconstruction.com7607 Coral Drive,West Melbourne, (is ,... nKc �MIU-FLORIDA ENGINEERING CONSULTANTS Date: October 4, 2013 LETTER OF TRANSMITTAL To: Barry Brown City of Cape Canaveral 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 M.E.C. Job No.: 31315 Project: Cape Canaveral Commercial Retail Store File: City Of Cape Canaveral No: DESCRIPTION: : 1 : Response to Comments Letter : 1 : GSE Email Coorespondence : 7 : Signed / Sealed Site Plans : 1 : SJRWMD Permit : 1 : FDOT Drainage Permit : 1 : FDEP NOI : 1 : City of Cocoa - No Permit Required Email Transmitted: For Your Use As Requested For Review and Comment Remarks: • • • Steve Monroe, P.E. Vice President Engineering stevem@meconstruction.com CC: File 7607 Coral Drive, West Melbourne, FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG. #7219 www.meconstruction.com L. Community & Economic Development Department Memo TO: Barry Brown, Planning&Zoning Director 5Ac- FROM: Susan L. Chapman, Secretary, Planning & Zoning Board THROUGH: R. Lamar Russe��Chairperson, Planning &Zoning Board DATE: November 12, 2013 RE: Recommendation to Staff- Site Plan Set for Dollar General Store- 6395 N. Atlantic Avenue- Steve Monroe, P.E., Project Engineer, Applicant. At the Planning & Zoning Board Meeting held on October 23, 2013, the Board reviewed and held discussion regarding the Site Plan Set for the Dollar General Store. During discussion, Board Member, Ron Friedman questioned whether Staff had followed the Code as it applies to the side slope of the retention pond. Discussion continued. Ron Friedman also pointed-out that the loading area needed to be extended 5 ft. to meet the Code requirement of 45 ft. Brief discussion followed. Ron Friedman made a motion, seconded by Bruce Collins to recommend City Staff approve the Site Plan Set for the Dollar General Store, with the following two conditions: 1) Extend the loading area to 45 ft. to meet Code. 2) Modify the retention slope basin 6:1 to meet Code. Discussion followed. Planning& Zoning Director, Barry Brown advised that while the Code calls for a 6:1 slope, the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. Developer, Matt Cason advised that if the City requires the 6:1 slope, twenty-nine (29) trees would need to be removed of which fifteen (15) of those trees are located within the western property boundary. Discussion followed regarding removal of trees. Bruce Collins made a motion, seconded by John Price to amend the main motion to remove condition #2. Vote on the motion, as amended, carried by a (4) to (2) majority vote, with members voting as follows: Bruce Collins, for; John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. TD7NerIAL REAL B BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. D Attorneys at Lau/ 111 N.Orange Ave.,Suite 2000 P.O.Box 2873 Orlando,Florida 32802-2873 Katherine W.Latorre Phone(407)425-9566 Board Certified City,County&taeal Fax(407)425-9596 Government Law ldatorrec.orlandolaw.net November 25,2013 Kimberly Bonder Rezanka Dean Mead 8240 Devereux Drive, Suite 100 Viera,FL 32940 Re: Request for Relief/Dollar General Site Plan Dear Kim: I am in receipt of the Request for Relief submitted to the City of Cape Canaveral on behalf of your clients, John and Michelle Porter, pursuant to the Florida Land Use and Environmental Dispute Resolution Act("the Act"). Please be advised that the City declines to proceed under the provisions of the Act for the reasons stated herein. First,as of the date of this letter,the City has not issued a final development order for the Dollar General site plan. "Development order"is defined by the Act to mean"any order. . .which is or will have the effect of granting, denying, or granting with conditions an application for a development permit,and includes the rezoning of a specific parcel." §70.51(2)(a),Fla.Stat.(2013). While the City's Planning & Zoning Board issued its recommendation to the City Manager for approval of the site plan at its October 23, 2013 meeting (subject to conditions), no final development order has been issued. Without a final development order,it is premature to invoke dispute resolution under the Act. Furthermore, even if the City Manager had already issued a final development order, subsection (10)(a) of the Act clearly requires your client to first exhaust all nonjudicial local government administrative appeals if the appeals take no longer than four(4)months. Section 110- 223(j)of the Cape Canaveral Code of Ordinances provides that parties adversely affected by a final site plan determination of the City Manager may appeal such determination to the City Council. Any such appeal must be filed within 30 days of the final site plan determination and the City Council's consideration of the appeal must be scheduled for its next available meeting. As you know,the City Council meets once each month and thus,it is feasible that a timely filed appeal by your client could be considered by the City Council prior to four(4)months elapsing following the date of any final site plan determination. Finally,when the City does issue its final development order on the Dollar General site plan, Ft.Lauderdale(954)670-1979•Kissimmee(321)402-0144•Cocoa(866)425-9566 Website:www.orlandolaw.net•Email:fnn@orlandolaw.net 'fir Kimberly Bonder Rezanka November 25,2013 Page 2 it is the City's contention that your clients lack standing to initiate dispute resolution under the Act. The Act allows an "owner" who believes that a development order is unreasonable or unfairly burdens the use of the owner's real property to apply for relief. § 70.51(3),Fla. Stat. "Owner"is defined under the Act as: a person with a legal or equitable interest in real property who filed an application for a development permit for the property at the state, regional, or local level and who received a development order, or who holds legal title to real property that is subject to an enforcement action of a governmental entity. (Bold emphasis added). § 70.51(2)(d), Fla. Stat. Your clients neither applied for a development permit nor received a development order. The Act is intended to allow owners of property subject to a development permit to seek relief when they believe their own property is burdened by the development order. It is not an avenue for adjacent property owners to seek to modify or mediate the terms of a development order. The City is not required to submit to the dispute resolution procedures of the Act unless the dispute qualifies for such informal resolution. See City of Tarpon Springs v. Planes, 30 So.3d 693, 696(Fla.2d DCA 2010). A plain reading of the definition of"owner"under the Act precludes your clients from invoking the provisions of the Act. Id Given the legal authority cited herein, the City will not be proceeding with the dispute resolution process outlined in the Act. Please contact my office if you desire to discuss this matter further. Sincerely, Kate Latorre Cape Canaveral Assistant City Attorney Cc: Mayor&City Council David Greene, City Manager Angela Apperson,Administrative Services Director Todd Morley,Community &Economic Development Director Barry Brown,Planning&Zoning Director \.rr Susan Chapman From: Barry Brown Sent: Wednesday, November 13, 2013 9:33 AM To: Kim Rezanka;Todd Morley Cc: Susan Chapman; David Greene;Angela Apperson; Kate Latorre Subject: RE: Design of water retention pond for Dollar General Store Attachments: P&Z Board Recommendation.pdf Kim, See attached Recommendation to Staff by the Planning and Zoning Board. Staff has not issued a final approval of the Dollar General Store Site Plan. FILE copy Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@citvofcapecanaveral.org (321)868-1206 From: Kim Rezanka [mailto:KRezanka@deanmead.com] Sent: Monday, November 11, 2013 3:09 PM To: Todd Morley; Barry Brown Cc: Susan Chapman; David Greene; Angela Apperson; Kate Latorre Subject: RE: Design of water retention pond for Dollar General Store Todd and Barry, Is there an Order from P&Z regarding the Site Plan? Has there been a final approval of the Site Plan? Please advise. Thank you, Kim Rezanka % DEAN Kimberly Bonder Rezanka Shareholder MEADKRezankaaMeanmead.com Dean Mead 8240 Devereux Drive,Suite 100 Viera,Florida 32940 321-259-8900'Fax 321-254-4479 www.deanmead.com Orlando I Fort Pierce I Viera I Gainesville 1 PRIVILEGED INFORMATION DISCLAIMER:This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged,confidential or otherwise exempt from disclosure under applicable law.If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited.If you have received this communication in error,please delete this email,destroy any hard copies thereof,and notify us immediately by telephone.Thank you. REGULATORY DISCLAIMER:As required by United States Treasury Regulations,please be aware that this communication is not intended or written by the sender to be used,and it cannot be used,by any recipient for the purpose of(1)avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws,or(2)promoting,marketing or recommending to another party any plan or arrangement addressed herein. Think Green! Please consider our environment before printing this e-mail. From: Kate Latorre [mailto:klatorre@orlandolaw.neti Sent: Friday, November 08, 2013 2:27 PM To: Kim Rezanka Cc: Susan Chapman; t.morley@cityofcapecanaveral.orq; B.Brown@citvofcapecanaveral.orq; David Greene (D.Greene@cityofcapecanaveral.orq); Angela Apperson Subject: RE: Design of water retention pond for Dollar General Store Kim, Site Plans are approved by the City Manager or his designee,which I believe to be Barry. The Planning and Zoning Board only makes recommendations on site plans. I do not know if a final written determination has been issued on the Dollar General site plan, but hopefully staff can advise you accordingly. Katherine W. Latorre, Esq. From: Kim Rezanka Jmailto:KRezanka@deanmead.coml Sent: Friday, November 08, 2013 1:01 PM To: Kate Latorre Cc: Susan Chapman; t.morley@cityofcapecanaveral.orq Subject: FW: Design of water retention pond for Dollar General Store Kate, My clients, the Porters, plan to appeal the P&Z's approval of the site plan. Is there a final order or letter memorializing the approval, or are there only minutes? Thank you for your assistance. Sincerely, Kim Rezanka From: Barry Brown [mailto:B.Brown@cityofcapecanaveral.org] Sent: Thursday, October 31, 2013 4:03 PM To: Ronald FRIEDMAN; LAMAR - P & Z RUSSELL (FamRuss376(cicfl.ncom); Pearson, Harry - P & Z ; bcollinsI9(a cfl.rr.com; JMP58 a,ymail.com; beachwavecb@gmail.com; Kim Rezanka Cc: David Greene; Todd Morley; Kate Latorre; John Pekar(j ohnpekarpeagmail.com) Subject: Design of water retention pond for Dollar General Store 2 • • To all: During the Planning and Zoning Board meeting on October 23,2013, Board Member Ron Friedman questioned whether Staff had followed the Code as it applies to the side slope of the retention pond for the Dollar General Store. While section 90-172 calls for a 6:1 slope,the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. In short, Staff followed the Code and applied standards recognized by Brevard County and the St. Johns River Water Management District in approving the design of the retention system. Sec. 90-162. Detention and retention systems. Detention and retention systems of the stormwater management system shall be designed in accordance with criteria determined by the city engineer. (Code 1981, § 664.15(A)) Please contact me if you have question or comment. Sincerely, Barry Brown Planning and Zoning Director Florida has a very broad public records law.As a result,any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt.Under Florida Law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic email to this entity.Instead,contact our office by phone or in writing. 3 Community & Economic Development Department Memo 10: Barry Brown, Planning&Zoning Director 5A(- FROM: Susan L. Chapman, Secretary, Planning&Zoning Board THROUGH: R. Lamar Rus���Chairperson, Planning& Zoning Board DATE: November 12, 2013 RE: Recommendation to Staff- Site Plan Set for Dollar General Store- 6395 N. Atlantic Avenue- Steve Monroe, P.E.,Project Engineer, Applicant. At the Planning & Zoning Board Meeting held on October 23, 2013, the Board reviewed and held discussion regarding the Site Plan Set for the Dollar General Store. During discussion, Board Member, Ron Friedman questioned whether Staff had followed the Code as it applies to the side slope of the retention pond. Discussion continued. Ron Friedman also pointed-out that the loading area needed to be extended 5 ft. to meet the Code requirement of 45 ft. Brief discussion followed. Ron Friedman made a motion, seconded by Bruce Collins to recommend City Staff approve the Site Plan Set for the Dollar General Store,with the following two conditions: 1) Extend the loading area to 45 ft. to meet Code. 2) Modify the retention slope basin 6:1 to meet Code. Discussion followed. Planning&Zoning Director,Barry Brown advised that while the Code calls for a 6:1 slope, the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. Developer, Matt Cason advised that if the City requires the 6:1 slope, twenty-nine (29) trees would need to be removed of which fifteen (15) of those trees are located within the western property boundary. Discussion followed regarding removal of trees. Bruce Collins made a motion, seconded by John Price to amend the main motion to remove condition #2. Vote on the motion, as amended, carried by a (4) to (2) majority vote, with members voting as follows: Bruce Collins, for; John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. Brevard County Property Appraiser- Map2 Page 1 of 1 Le aer.`N ,ft,...., Dana Buckley, CFA : ....., Brevard County Property Appraiser I; ... ,. .,,,. ----911- . ... . ,- -','"- • `-.'-•' ' 71:1>;"-1..4 two ..- .414411PfvrAir,, .. , 4 3 p 4,liklft . , , p. .... . • . i ..-. 7;. , . . ., . .....‘t •d ,, 4.‘74. • .. 1. r 1 -tt [.- - IIPIIIP I. I " 9•-'.. ra , . „Ill.'. 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Printed Tuesday,October 22, 2013 at 4:52 PM.www.bcpao.us 1•1,000 http://map.bcpao.us/Map2/Default.aspx?c=t 10/22/2013 . • _____ !lb1U I REQUEST FOR RELIEF PURSUANT NOV 2 5 2013 TO § 70.51, FLA. STAT (2007) { John and Michelle Porter, owners of property located at 215 Holman Road,–C-ape— Canaveral, Florida 32920, and Stephen Porter, Trustee, as owner of the property located 6135 N. Atlantic Avenue, Cape Canaveral, FL 32920 (the "Porters"),hereby file this Request for Relief, pursuant to §70.51,Fla. Stat. (2013), from the Development Order rendered October 23, 2013, which recommended approval of Site Plan for a Dollar General store,to be located at 6395 N. Atlantic Avenue, Cape Canaveral (the "Site Plan"). The Memo memorializing this recommendation is attached hereto. Pursuant to §70.51(4), Fla. Stat., the Porters hereby request the City of Cape Canaveral to forward this Request for Relief to a mutually agreeable Special Magistrate and waive the ten (10) day requirement for doing so. A. Brief Statement of Proposed Use of the Properties: The Porters use their properties for residential use and propose to maintain their right of quiet enjoyment. The Dollar General store, which property boundaries are within approximately 50 to 100 feet of the Porters' properties,will be a high intensity retail use. B. Summary of the Development Order: The Development Order recommended approval of the site Plan for the Dollar General. The backside of proposed Dollar General store, including the retention, dumpster, a/c units,and loading zone will face the Porter's residential properties. There is a strip of commercially zoned property of approximately 53 feet that in sandwiched between the Porters' properties and the proposed retail store. The Site Plan was approved with a retention slope basin of 3:1, in derogation of the City Code's requirement of a 6:1 basin slope. Additionally, there is insufficient landscaping to buffer the Porters' properties from the retail store. The Porters recognize that the Dollar General store does not abut their residential properties, but rightfully fear that the sandwiched commercial property of approximately 53 feet is unbuildable and - 1 - �.r V Barry Brown From: Kim Rezanka <KRezanka@deanmead.com> Sent: Monday, November 11, 2013 3:09 PM To: Todd Morley; Barry Brown Cc: Susan Chapman; David Greene;Angela Apperson; Kate Latorre Subject: RE: Design of water retention pond for Dollar General Store Todd and Barry, Is there an Order from P&Z regarding the Site Plan? Has there been a final approval of the Site Plan? Please advise. Thank you, Kim Rezanka IIII DEAN Kimberly Bonder Rezanka Shareholder MEADKRezankagdeanmead.com Dean Mead 8240 Devereux Drive,Suite 100 Viera,Florida 32940 321-259-8900Fax 321-254-4479 www.deanmead.com Orlando I Fort Pierce I Viera I Gainesville PRIVILEGED INFORMATION DISCLAIMER:This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged,confidential or otherwise exempt from disclosure under applicable law.If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited.If you have received this communication in error,please delete this email,destroy any hard copies thereof,and notify us immediately by telephone.Thank you. REGULATORY DISCLAIMER:As required by United States Treasury Regulations,please be aware that this communication is not intended or written by the sender to be used,and it cannot be used,by any recipient for the purpose of(1)avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws,or(2)promoting,marketing or recommending to another party any plan or arrangement addressed herein. Think Green! Please consider our environment before printing this e-mail. From: Kate Latorre [mailto:klatorre@orlandolaw.net] Sent: Friday, November 08, 2013 2:27 PM To: Kim Rezanka Cc: Susan Chapman; t.morley@cityofcapecanaveral.orq; B.Brown@cityofcapecanaveral.orq; David Greene (D.Greene@citvofcar ecanaveral.orq); Angela Apperson Subject: RE: Design of water retention pond for Dollar General Store Kim, 1 Site Plans are approved by the City MIFfager or his designee, which I believe to burry. The Planning and Zoning Board only makes recommendations on site plans. I do not know if a final written determination has been issued on the Dollar General site plan, but hopefully staff can advise you accordingly. Katherine W. Latorre, Esq. From: Kim Rezanka fmailto:KRezanka@deanmead.comi Sent: Friday, November 08, 2013 1:01 PM To: Kate Latorre Cc: Susan Chapman; t.morley@cityofcapecanaveral.orq Subject: FW: Design of water retention pond for Dollar General Store Kate, My clients, the Porters, plan to appeal the P&Z's approval of the site plan. Is there a final order or letter memorializing the approval, or are there only minutes? Thank you for your assistance. Sincerely, Kim Rezanka From: Barry Brown [mailto:B.Brown(a,cityofcapecanaveral.org] Sent: Thursday, October 31, 2013 4:03 PM To: Ronald FRIEDMAN; LAMAR- P &Z RUSSELL(FamRuss376@cfl.rr.com); Pearson, Harry - P&Z ; bcollinsl9@cfl.rr.com; JMP58@ymail.com; beachwavecb@gmail.com; Kim Rezanka Cc: David Greene; Todd Morley; Kate Latorre; John Pekar(johnpekarpe@,gmail.com) Subject: Design of water retention pond for Dollar General Store To all: During the Planning and Zoning Board meeting on October 23, 2013, Board Member Ron Friedman questioned whether Staff had followed the Code as it applies to the side slope of the retention pond for the Dollar General Store. While section 90-172 calls for a 6:1 slope, the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. In short, Staff followed the Code and applied standards recognized by Brevard County and the St. Johns River Water Management District in approving the design of the retention system. Sec. 90-162. Detention and retention systems. Detention and retention systems of the stormwater management system shall be designed in accordance with criteria determined by the city engineer. (Code 1981, § 664.15(A)) Please contact me if you have question or comment. 2 • •Sincerely, Barry Brown Planning and Zoning Director 3 Barry Brown From: Barry Brown Sent: Monday, November 04, 2013 4:41 PM To: Steve Monroe (stevem@meconstruction.com) Subject: FW: Design of water retention pond for Dollar General Store Steve, I forgot to copy you on this email. Please forward to Matt Cason. Thanks. Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@cityofcapecanaveral.org (321) 868-1206 From: Barry Brown Sent: Thursday, October 31, 2013 4:03 PM To: 'Ronald FRIEDMAN'; LAMAR - P &Z RUSSELL (FamRuss376@ cfl.rr.com); Pearson, Harry - P & Z ; 'bcollinsl9@cfl.rr.com'; JMP58©ymail.com; beachwavecb@gmail.com; KRezanka@deanmead.com Cc: David Greene; Todd Morley; 'Kate Latorre'; John Pekar(johnpekarpe@gmail.com) Subject: Design of water retention pond for Dollar General Store To all: During the Planning and Zoning Board meeting on October 23, 2013, Board Member Ron Friedman questioned whether Staff had followed the Code as it applies to the side slope of the retention pond for the Dollar General Store. While section 90-172 calls for a 6:1 slope, the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. In short, Staff followed the Code and applied standards recognized by Brevard County and the St.Johns River Water Management District in approving the design of the retention system. Sec. 90-162. Detention and retention systems. Detention and retention systems of the stormwater management system shall be designed in accordance with criteria determined by the city engineer. (Code 1981, §664.15(A)) Please contact me if you have question or comment. Sincerely, Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@cityofcapecanaveral.org (321) 868-1206 1 Municode Page 1 of 2 NIMBI Sec. 110-223. Review procedures. (a) The required number of copies of the site plan, prepared, signed and sealed by an appropriately licensed design professional shall be filed with the planning and development department no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review. Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the planning and development department to the following department directors for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building and code enforcement department. (3) Fire marshal. (4) Public works services department. (c) Within 14 days of the time the plans are received by the various department directors, they shall submit, in writing, to the planning and development department, a written report commenting on factors relating to the site plan. (d) The planning and development department shall give a copy of the written comments to the applicant or his representative to review, respond to and make any changes deemed appropriate to conform to the comments and recommendations from the department directors. (e) The applicant shall submit the required number of copies of the revised site plan, along with the architect's and engineer's comments in response to the department reviews, to the planning and development department. (f) All plans shall be made available to the planning and zoning board for its review and recommendation to the city manager or the city manager's designee. The planning and development director shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (9) The planning and zoning board, following a duly noticed public hearing and review of any submitted site plan, shall make a written recommendation to the city manager or designee recommending approval, approval with conditions, or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Upon receipt of the planning and zoning board's recommendation, the city manager or designee shall make a final decision on the application approving, approving with conditions, or denying the application. Following the decision by the city manager or designee on each site plan application, the city shall send to the applicant written notice of the action taken and the right to appellate review. The city shall additionally provide notice on the city's website of the decision on each site plan reviewed pursuant to this article and the right of interested parties to appeal same. (i) If the city manager or designee elects to grant conditional approval of a site plan subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90-day period; or the date the city manager or designee certifies by notation on all city hUp://library.municode.com/print.aspx?h=&cl ientI D=12642&HTMRequest=http%3 a%2 f... 11/12/2013 -Municode Page 2 of 2 site plan copies, that all conditions and/or contingencies are satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90-day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90-day compliance period may be extended at the discretion of the city manager or designee, upon written request of the applicant prior to the expiration of the 90- day compliance period, and where the applicant demonstrates unusual circumstances or undue hardship. U) Any party adversely affected by a final site plan determination of the city manager or designee may appeal such determination to the city council. Parties seeking appellate review shall submit a request for appeal in writing to the city clerk within 30 days of the city manager's or designee's determination. The city clerk shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate review with written notice of the date, time and location of said meeting. The city council's consideration of the site plan determination being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse, wholly or in part, the determination of the city manager or designee. Failure of any adversely affected party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. (k) A proposed site plan shall not be considered by the city unless: (1) The applicant has adequately and completely addressed all items on the site plan checklist prepared by the planning and development department; and (2) The applicant has otherwise complied with all matters contemplated under this section. (Code 1981, §645.05(8); Ord. No. 37-93, 10-19-93; Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, §2, 10-21-03;Ord. No. 03-2005, §2, 4-5-05; Ord. No. 13-2011, §6, 12-20-11) http://library.municode.com/print.aspx?h=&clientID=12642&HTMRequest=http%3a%2f... 11/12/2013 Barry Brown From: Barry Brown Sent: Thursday, October 24, 2013 2:59 PM To: John Pekar(johnpekarpe@gmail.com) Subject: retention pond design standards John, Sec. 90-162. Detention and retention systems. Detention and retention systems of the stormwater management system shall be designed in accordance with criteria determined by the city engineer. Barry Brown Planning and Zoning Director City of Cape Canaveral, Florida b.brown@cityofcapecanaveral.org (321) 868-1206 r-4,4141''' /10"Th Atese,1 0,I 111_____--<4.47 yt14 k��s , V / 4't fr ; 1 II • 4 / h-vi, .1•-7 -wid_ tywisw+avi pA5 Cp4 1 ist 1 0 01) etilp444 jCommunkyEconon!Devdopment "Ai Department CITY OF CAPE CANAVERAL December 17, 2013 Mr. Steven W. Monroe,P.E. Mid-Florida Engineering Consultants 7607 Coral Drive, West Melbourne, FL 32904 RE: DOLLAR GENERAL - REVIEW COMMENTS FOR THIRD SUBMITTAL - PLAN SET DATED DECEMBER 6, 2013 Dear Mr. Monroe: The Site Plan Set for the Dollar General Store dated December 6, 2013 has been approved with the following condition: 1. Driveway Permit—approval of State Highway Access Connection Application by the Florida Department of Transportation. The following are informational comments: 1. In accordance with City Code Section 90-201, a site development permit will be required prior to any land disturbing activity taking place. 2. In accordance with City Code Section 102-39, a tree removal permit will be required. Documentation requirements include a tree mitigation plan and tree protection plan for trees to be preserved. 3. In accordance with City Code Section 110-482, electrical service will be required to be installed underground. Sincerely, Barry /14°4 B1/ wn Planning and Zoning Director 7510 N.Atlantic Avenue • Post Office 1 x 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 •Fax: (321) 868-1247 wwwcityofcapecanaveral.org • email:info@cityofcapecanaveral.org ➢ Any party adversely affected by a final site plan determination of the City Manager or designee may appeal such determination to the City Council. Parties seeking appellate review shall submit a request for appeal in writing to the City Clerk within 30 days of the City Manager's or designee's determination. The City Clerk shall schedule the City Council's consideration of the appeal for the next available regular City Council meeting and shall provide the party seeking appellate review with written notice of the date, time and location of said meeting. The City Council's consideration of the site plan determination being appealed shall be de novo. The City Council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse,wholly or in part,the determination of the City Manager or designee. Failure of any adversely affected party to appeal to the City Council pursuant to this section shall be deemed a waiver of that party's right to judicial review. 2 oRaiteet, PJ . 102 Co-iuusibia. Cf' 207 C . Ca,« [ T'. 32920 December 17, 2013 Mr. Barry Brown City of Cape Canaveral Re: Commercial Center Site Plan Review Dear Barry: I have reviewed the site plan revisions for the referenced project submitted last week. Based on this review I recommend approval by the City pending all necessary permits. If you have any questions please do not hesitate to contact me. Sincerely, fok«rf Pekaz /rnf/ John A. Pekar, P.E. JAP:rmf Public Works Services Memo 7'O: Barry Brown Planning&Development Director FROM: Jeff Ratliff PWS Director FILE COPY DATE: 12/13/13 RE: Revised Site Plan Dollar General Store 6395 North Atlantic Avenue Public Works Services (PWS) has reviewed the Dollar General Store Revised Site Plan. The Developer has responded adequately to PWS comments issued on September 15 and October 8, 2013. PWS has no further comments. We do request that the selected construction contractor contact the City prior to destroying any trees. The City may consider removing the trees and replanting in a City park. NOTE: Further review of the project will be conducted during the permitting process and construction for compliance of all local and state codes. The Engineer-of-Record is responsible for any requirements not identified by the City. Community and Economic Develo • ment Memo FRECOpy TO: Barry Brown,Planning&Zoning Director FROM: Todd Morley,Community&Economic Development Director DATE: December 13,2013 RE: 6395 N.Atlantic Ave.Redevelopment Project—Dollar General I have reviewed the site plan dated "Rev. Per FDOT 12/6/13" and have the following informational comments: 1. In accordance with City Code Sec. 90-201, a site development permit will be required prior to any land-disturbing activity taking place. 2. In accordance with City Code Sec. 102-39, a tree removal permit will be required. Documentation requirements include a tree mitigation plan and a tree protection plan for trees to be preserved. 3. In accordance with City Code Sec. 110-482,electrical service will be required to be installed underground. 1 C6AA, ° 4� Cityof Cape C • - 1/4, I; 11! Community Development Department _ fir CITY or CAI[CANAVERAL Date: December 13, 2013 To: Barry Brown, Planning & Development Director From: Glenn B. Pereno, Building Official/Code Enforcement Directo Subject: 6395 North Atlantic Avenue; Dollar General The site plan has been reviewed for the above subject project and the review comments are as follows: 1. Site improvement only, approved as noted. 2. Currently, Building permit(s) and construction documents under review. No comments at this time. 3. Information reviewed and approved as noted. However, are there any active SJRWMD permits or approved Environmental report(s)? Please contact me if any additional information is required or necessary. C: Susan L. Chapman, Administrative Assistant y nyinfrieleiS 7510 N Atlan wwv Y Community & Economic Development Department Memo TO: The Development Review Committee (DRC): Barry Brown, Planning & Zoning Director; Jeff Ratliff, Director, Public Works Services; Lonnie Dunn, Deputy Director, Public Works Services; John Pekar, City Engineer; Glenn Pereno, Building Official; Todd Morley, Community & Economic Development Director FROM: Susan L. Chapman, Administrative Assistant, Community & Economic Development Dept. DATE: December 12,2013 RE: Dollar General Store- 6395 N. Atlantic Avenue Revised Site Plan Please review the enclosed revised site plans for the Dollar General Store. If you have any questions, please contact Barry Brown, Planning & Zoning Director at 868- 1206 or email: b.brown@cityofcapecanaveral.org. Thank you. ATE 0C MID-FLORIDA ENGINEERING CONSULTANTS M.E.C.Job No.: 31315 Project: Cape Canaveral Commercial File: City of Cape Canaveral December 10, 2013 Mr. Barry Brown City of Cape Canaveral 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Cape Canaveral Commercial Retail Store/response to comments Dear Mr. Brown, This letter responds to comments dated November 25, 2013. Please note, comments are listed/ numbered accordingly as follows. 1. Loading area—addition of 5 feet to the length of the loading area. Per city code section 110-506, (a) loading space is required for buildings that exceed 10,000sf in floor area. This project proposes 9,311sf 2. Driveway permit—approval of driveway permit application by the Florida Department of Transportation. Permit has been applied for and currently under review by FDOT. 3. Stormwater—resolution of questions/issues regarding the retention pond. Stormwater retention pond has been redesigned utilizing 6:1 slopes. Please find attached revised plans and drainage calculations. Please notify Mid-Florida Engineering Consultants, dba immediately should any additional information be needed for plan approval. Sincerely, Steve Monroe P.E. Vice President of Engineering stevem@meconstruction.com 7607 Coral Drive,West Melbourne,FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG. #7219 www.meconstruction.com7607 Coral Drive,West Melbourne, • ME°C AMID-FLORIDA ENGINEERING CONSULTANTS Date: December 10, 2013 LETTER OF TRANSMITTAL - To: Barry Brown City of Cape Canaveral 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 M.E.C. Job No.: 31315 Project: Cape Canaveral Commercial Retail Store File: City Of Cape Canaveral No: DESCRIPTION: : 1 : Response to Comments Letter : 4 : Signed / Sealed Site Plans : 2 : Revised Drainage Calculations • • • • • • • Transmitted: For Your Use 1 As Requested For Review and Comment Remarks: • • • • Steve Monroe, P.E. Vice President Engineering stevem@meconstrudion.com CC: File 7607 Coral Drive, West Melbourne,FL 32904 (321) 723-5661 Fax (321) 951-1952 PE 0036127 ENG. #7219 www.meconstruction.com _____ ,..misinsmissownsammisios,,,„,,,,ssmassissui. MEC II MI WD-FLORIDA ENGINEERING CONSULTANTS Mic-Florjc En.,-_Iincerin(- Ccnsui.:IrYs 0.-....., . (4/ lt ENGINEERS ,.. fe. ve p,O.. me. 1...04444' ° ICO Steven W. Monroe, RE. Vice President Engineering .,[•,, .,11 7607 Coral Drive West Melbourne, FL 32904 tel: 321.723.5661 fax: 321.951.1952 A4,4- et4,5v At., steverrnidtleng.com www.midtleng.com frk AA •eer21t C ert—eViabti`e 5 is it e..--+- EB 7219 CCC 019528 CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT CancraJ Project Name: C)otfe WRAP Cr, nmirdt 1 1-Re u.4 J r e _ (0395 N, n+ictatic. AvcrlUe. RESIDENTIAL: 1, 2&3 Residential Units 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: $ COMMERCIAL: $150 per acre of land, or portion thereof. a Acres X $150 TOTAL. 3 00.c>0 SITE PLAN EXTENSION• TOTAL. $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL- DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units $700.00 ji•IpOp o ) ini�at Ipusti Over 4 Units to 50 Units $1,800.00 44 30.00 CIy EAlAzvie-K i w.z°15-4‘1 9I / 3 Over 50 Units or Hotel Motel $2,800.00 h ! 3'10.00 rernaink3 . 3-1°'0° "tel"`"' COMMERCIAL: j Up to 4 Acres C$2:,8(_LKL--)6:--s" 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. Total Acres: Office Use Only: Escrow Account#1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $3oo.on TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $I,SCO.Q). PAID RECEIPT NO. Total /2413 4:36 PM 88821985 PAID 188.86 Cash cRec d `i�q /13 Change A�ount 8.66 CK N8846159 Asount $2,188.88 RECEIVED I , 1 JOHN A.PEKAR,P.E.,LLC By C.Puleo at 3:42 pm, Oct 01, 2013 I 11111111 Civil Engins.ring/Consulting 102 Columbia Drive invoice Suite 207 Cape Canaveral,FL 32920 Office Phone:321.613-2959 Date Invoice# Cell Phone: 321-288-1040 johnpekarpe@gmail.com 9/18/2013 2013-057 g Rosi Plowe rowfowe@gmail.com Office Manager Cell Phone: 311-403.9899 F.71 .74 Bill To City of Cape Canaveral Attn: Finance Department 105 Polk Avenue Cape Canaveral,FL 32920 P.O.No. Terms Project Net 15 Quantity Description Rate Amount Per Professional Services Agreement 0.00 The following tasks were completed during the Two Weeks Ending September 13, 2013 PUBLIC WORKS(J.Ratliff) 0.00 PLANNING &ZONING(B.Brown) 2 September 4: Meeting with Planning Director to review site plan revision of Yogi's. 40.00 80.00 Pourous parking surface,modified swales,written response given to City following product review. r 10.75 September 9-10: Site Review of Commercial Center plan and site inspection. Review 40.00 430.00 comments to City. 5.5 September 11-12: Site review of Cape Caribe Building#5 and related site work. Plan 40.00 220.00 review and review comments to City. CITY MANAGER (D.Green) LEISURE SERVICES(G.Vergara) • BUILDING (T.Morley) 1 September 5: Review of Port/City Industrial Road. 0.00 0.00 1 September 13: Meeting with T.Morley on Port/City Industrial Road. 0.00 0.00 Total 5730.00 CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT Ciuukotrai Project Name: Ca-Pe- -('A,nnmmrciai Reira 1 cure (o395 N, I'-I-1-1aic. flvehUe- RESIDENTIAL: 1,2&3 Residential Units TOTAL: $37.50 Total#of Units? (4)or more Residential Units$50.00(1st(4) Units), $50.00 Plus Units @$7.50 per unit Total:$ COMMERCIAL: $150 per acre of land,or portion thereof. _2,—Acres X$150 TOTAL. .$3 O0.o0 SITE PLAN EXTENSION• TOTAL. $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL. $ -----=------- ------ ------- DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units $700.00 Over 4 Units to 50 Units $1,800.00 Over 50 Units or Hotel/Motel $2,800.00 COMMERCIAL: Up to 4 Acres 6:4647) Over 4 up to 8 Acres $2,300.00 Over 8 Acres- Review fee to be established after pre- application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. Total Acres: Office Use Only: Escrow Account#1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED:$Soo.ca TOTAL SITE PLAN SUBMITTAL FEE RECEIVED:$11 BCO.W 89/89/2013 4:36 PM :121985 Total s�.88 PAID RECEIPT NO. Cash Amount 84846159 Amount $2,180 CK ��„`d q/Rl�3 CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT Project Name: (2a pe ,rxcio ar (0395 N, F'H .Ia c. Fiv -rrue_ RESIDENTIAL: 1,2&3 Residential Units 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: $ COMMERCIAL: $150 per acre of land, or portion thereof. 3. Acres X $150 TOTAL. 3 O0. c_ SITE PLAN EXTENSION- TOTAL- $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL- $ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units $700.00 Over 4 Units to 50 Units $1,800.00 Over 50 Units or Hotel/Motel $2,800.00 COMMERCIAL: Up to 4 Acres 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. Total Acres: Office Use Only: Escrow Account#1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $?foo.co TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $1)&424)26114 4:J6 PM 66621985 Total 2.106.66 Cash Amount $6.66 PAID RECEIPT NO. CK 60646159 Amount $2.106.66 v.` Zecd 9/9 /13 Concept Construction of Nc`. Florida 0046159 ::City of CapeCanaveral,Canaveral : 8/15/2013 AMOUNT 8 1e/2013 Bill Reference Original Amt. Balance Due Discount Payment Cape Canaveral - MEC 2,100.00 2,100.00 2,100.00 Check Amount 2,100.00 AM;:' CATEGORW - ; .: .. MEMO TOTAL 4 s:s Prosperity Bank 3901 2, 100.00 Concept Construction of North Florida 0046159 City of Cape ;Canaveral 8/15/2013 AMOUNT Date Reference Original Amt. Balance Due Discount Payment 8/15/2013 Bill Cape Canaveral - MEC 2,100.00 2,100.00 2,100.00 Check Amount 2,100.00 CATEGORY MEMO -44alkg-TOTALLAgawiipy, Prosperity Bank 3901 2, 100.00 . Cityf Cp•,.„ oa e Canaveral _ _ WA. PLANNING & ZONING BOARD REGULAR MEETING K CAGWwKRwL CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE OCTOBER 23, 2013 6:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1 . Interviews & Recommendation to City Council Re: Potential Board Members - Mark Buddenhagen and Dianne Fellows. 2. Quasi-Judicial and/or Public Hearing: Recommendation to City Staff Re: Site Plan Set for Dollar General Store - 6395 N. Atlantic Avenue - Steve Monroe, P.E., Project Engineer, Applicant. 3. Quasi-Judicial and/or Public Hearing: Recommendation to City Staff Re: Revised Site Plan for Cape Caribe Resort, Bldg. 5 - 9006 Tropic Beach Drive - Cape Caribe, Inc., Applicant. 4. Quasi-Judicial and/or Public Hearing: Recommendation to City Council Re: Amend Ordinance No. 03-2008 to Remove Restrictions on Allowable Uses in the C-1 Zoning District - Cape Caribe, Inc., Applicant. 5. Quasi-Judicial and/or Public Hearing: Recommendation to Board of Adjustment Re: Special Exception Request No. 13-07 to Allow Outside Display of Merchandise - 8801 Astronaut Boulevard, Unit 103 (Beachwave Complex) - Kim Rezanka, Authorized Agent for Xtreme Fun, LLC, Property Owner. 7510 N Atlantic Avenue— P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org 0 Planning & Zoning Board Meeting Agenda October 23, 2013 Page 2 REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community & Economic Development Department(868-1205, ext. 15) 48 hours in advance of the meeting. 7510 N Atlantic Avenue—P.O. Box 326—Cape Canaveral, FL 32920-0326 Telephone(321) 868-1222—Fax (321) 868-1247 www.cityofcapecanaveral.org PLANNING &ZONING BOARD MEETING MINUTES OCTOBER 23, 2013 A Meeting of the Planning & Zoning Board was held on Wednesday, October 23, 2013, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order at 6:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairperson Harry Pearson Vice Chairperson John Fredrickson Ron Friedman Bruce Collins John Price OTHERS PRESENT Susan Chapman Secretary Kate Latorre Assistant City Attorney Todd Morley Community & Economic Development Director Barry Brown Planning &Zoning Director NEW BUSINESS 1. Interviews & Recommendation to City Council Re: Potential Board Members - Mark Buddenhacgen and Dianne Fellows. Planning & Zoning Director, Barry Brown advised that there was one vacancy on the Board. At the October 9, 2013 meeting, Jill Seale and Craig Kittleson were interviewed. Mark Buddenhagen and Dianne Fellows will be interviewed at this meeting. After the interviews, the Board will make a recommendation to Council regarding which candidate they wished to be appointed to the Board. He advised that each candidate would have an opportunity to be interviewed by the Council as well. Dianne Fellowes introduced herself and explained her background, qualifications and availability to serve. The Board proceeded to interview Ms. Fellows. Mark Buddenhagen introduced himself and explained his background, qualifications, interest in the City's future economic growth, and his availability to serve. The Board proceeded to interview Mr. Buddenhagen. The Board held discussion regarding all the candidates interviewed. Motion by John Price, seconded by Bruce Collins to recommend Council appoint Mark Buddenhagen to the Board. Vote on the motion carried unanimously, with Mr. Friedman abstaining from voting, because he did not attend the previous meeting when the two other candidates were interviewed. Discussion followed regarding in the future, all potential Board Candidates being interviewed at the same meeting. At 6:38 Chairperson Russell called for a five minute break. At 6:48 Chairperson Russell called the meeting back to Order. Planning &Zoning Board Meeting Minutes October 23, 2013 Page 2 of 5 2. Quasi-Judicial and/or Public Hearing: Recommendation to City Staff Re: Site Plan Set for the Dollar General Store - 6395 N. Atlantic Avenue - Steve Monroe, P.E., Project Engineer, Applicant. Planning & Zoning Director, Barry Brown gave his Staff Report. He noted that the project was located on the same site as the former Azteca Restaurant. He advised that Staff has been working with the developer and engineer for several months and they have accommodated all of Staffs requests for the Site Plan. He noted that the elevations were reviewed and approved by the Community Appearance Board on September 18, 2013, with the condition that the ground A/C unit has a privacy and noise dampering enclosure with the color matching the dumpster enclosure. The Board members viewed a colored illustration of the building elevation. Mr. Brown commented that the building was upgraded from the typical "Dollar General Box". The Board reviewed the site plan checklist and Staff review comments. Project Engineer. Steve Monroe and Property Developer Matt Cason answered various questions pertaining to the site plan. Discussion was held regarding: verifying the site was designed to accommodate delivery trucks maneuvering on site; future driveway connection to a potential future driveway road along the west property boundary; zoning of adjacent properties; loading dock needing to be extended an additional 5 ft. to meet Code; City Engineer being comfortable with the design of the retention basin, even though it did not meet Code; preservation of palm trees around the north and west perimeters of the retention basin; and the Board's request that future Board packets include all comments from the City Engineer if there is an issue. Chairperson Russell opened the floor for public comment. Attorney, Kim Rezanka, representative for John, Michelle, and Stephen Porter advised that the Porters' were not opposed to the project, but are concerned that the project is very close to their residential property. She advised that the Porters' are opposed to any service access road being constructed or clearing along the 50 ft. strip which abuts the two properties. The Board viewed an aerial of the area outlining the properties. Ms. Rezanka believed that there should be at least a 10 ft. vegetative buffer required along the western boundary of this project, because it abutted property that can never be used for building. She voiced concerns regarding: The retention area not being engineered to Code; the project becoming a double-frontage lot if the project ever connects to a future access road; and this was the only opportunity the Board will have to recommend a vegetative buffer be planted to protect the residential properties to the west. Discussion followed regarding the proposed project not being a subdivision and the property not abutting any residential properties. Ms. Rezanka requested the following conditions: 1) A shrub fence be installed along the western edge of the property, with additional trees planted to block the parking, dumpster, and building; 2) Only one access be provided or prohibit accessing the property from the west; 3) The ground NC unit be enclosed from view with the same material and color as the dumpster enclosure; and 4) That the retention slope be 6:1 as required by Code. Planning &Zoning Board Meeting Minutes October 23, 2013 Page 3of5 Resident, Lila Gilbert advised that she owns a unit in Cape Shores. Her building is the closest to the project. She voiced her concern regarding tractor trailers not being able to maneuver on the property. Mr. Brown replied that during the early planning stages of this project, Staff informed the developer that all turning movements needed to be onsite. They provided Staff a drawing which demonstrated that all turning movements would be accomplished onsite as requested. Mr. Friedman advised that, in his opinion, the Site Plan was adequate to accommodate a full size tractor trailer to pull in and maneuver without interfering with traffic on A1A. Mr. Brown assured the Board that if tractor trailers are found to have difficulty with the maneuvering the City would be speaking to Dollar General. Motion by Ron Friedman, seconded by Bruce Collins to recommend Staff approve the Site Plan Set for the Dollar General Store, with the following two conditions: 1) Extend the loading area to 45 ft. to meet Code. 2) Modify the retention slope basin 6:1 to meet Code. Discussion followed. Mr. Brown advised that while the Code calls for a 6:1 slope, the Code also confers authority to the City Engineer to determine criteria by which a retention pond is designed. Developer Matt Cason advised that if the City requires the 6:1 slope, twenty-nine (29) trees would need to be removed that the developer was preserving, of which fifteen (15) are located within the western property boundary. Discussion followed regarding removal of trees. Motion by Bruce Collins, seconded by John Price to amend the main motion to remove condition #2. Vote on the amendment carried by a (4) to (2) majority vote, with members voting as follows: Bruce Collins, for; John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. Vote on the main motion, as amended, carried by a (4) to (2) majority vote, with members voting as follows: Bruce Collins, for; John Fredrickson, against; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. At 7:44 Chairperson Russell called for a five minute break. At 7:50 Chairperson Russell called the meeting back to Order. 3. Quasi-Judicial and/or Public Hearing: Recommendation to City Staff Re: Revised Site Plan for Cape Caribe Resort, Bldq. 5 - 9006 Tropic Beach Drive - Cape Caribe, Inc., Applicant. Planning & Zoning Director, Barry Brown gave his Staff Report. He noted that Agenda items 3) and 4) were related. He summarized that in March of 2008, a 1.2 acre portion of the Cape Caribe Resort property was rezoned from R-3 Residential to C-1 Commercial in order to accommodate expansion of the pool and related amenities. Ordinance No. 03-2008 restricted the use of the 1.2 acre parcel to recreational amenities and parking. Since that time, the economy and market forces have caused Cape Caribe to reconsider product offerings and the configuration of buildings on the property (the revised site plan for Building #5 is an example). Accordingly, Cape Caribe is requesting the restrictions on the use of this parcel be removed so that the master plan can be revised and timeshare units located in this area. He further explained that the next Agenda Item was not necessary to accommodate construction of Building #5; and the requested ordinance revision would not Planning & Zoning Board Meeting Minutes October 23, 2013 Page 4 of 5 result in additional density, it merely allows for a reallocation of units already approved per the Binding Developer's Agreement adopted in March, 2010. Representative for Cape Caribe Resort, Ken Ward gave a PowerPoint presentation and explained the two (2) requests. The Board members reviewed and held discussion regarding the proposed ordinance. Motion by Bruce Collins, seconded by Harry Pearson to recommend Council adopt the proposed ordinance. Vote on the motion carried unanimously. 4. Quasi-Judicial and/or Public Hearing: Recommendation to City Council Re: Amend Ordinance No. 03-2008 to Remove Restrictions on Allowable Uses in the C-1 Zoning District- Cape Caribe, Inc., Applicant. The Board members reviewed and discussed the Revised Site Plan. Board Member, Ron Friedman advised that per Code, the site plan did not provide interspersed landscape islands within the parking area. Planning & Zoning Director, Barry Brown replied that the Landscape Plan called for a 10 pt. tree at the end of each row of parking and the required number of 5 pt. trees throughout the parking area. He commented that the project was lushly landscaped throughout. Brief discussion followed. Motion by Ron Friedman, seconded by John Price to recommend Staff approve the Revised Site Plan for Cape Caribe Resort, Bldg. 5, as presented. Vote on the motion carried unanimously. 5. Quasi-Judicial and/or Public Hearing: Recommendation to the Board of Adjustment Re: Special Exception Request No. 13-07 to Allow Outside Display of Merchandise - 8801 Astronaut Boulevard, Unit 103 (Beachwave Complex) - Kim Rezanka, Authorized Agent for Xtreme Fun, LLC, Property Owner. Planning & Zoning Director, Barry Brown gave his Staff Report. He summarized that the property owner recently opened a retail establishment that sells beach wear and gear. The owner desires to have 300 sq. ft. of outside display area in front of the building; and the request for outside display areas is allowed, with certain criteria, pursuant to a Special Exception. He advised that the requested outside display area meets all requirements of the Code, and Staff recommends approval of the requested Special Exception. The Board members viewed a drawing depicting the requested display areas, and the Special Exception checklist. Discussion ensued regarding the display of merchandise hanging from an open front entrance door of the building and vehicles being advertised for rent in the parking lot. Attorney, Kim Rezanka, representative for Extreme Fun, LLC explained the request. She advised that the request was similar to other properties with outside display areas (RaceTrac and Ace Hardware). The Board members reviewed a photograph of the display areas depicting the type of merchandise to be displayed, an example of the display holders, and measurement of the display areas. She addressed the Boards concern regarding the vehicles being advertised for rent. She advised that the vehicles are being driven by the employees and are not being rented at this location, they are being rented at the owner's other stores in Cocoa Beach. Merchandise will be brought indoors at night or when it is too windy to be displayed outside. Ms. Rezanka believed that the request met the criteria of the Code; and therefore, she respectfully requested that the Board recommend approval. Planning & Zoning Board Meeting Minutes October 23, 2013 Page 5 of 5 Discussion ensued regarding: The display holders, delineation of display areas, parking, and the fact that the owner was already displaying merchandise outside without the required approved Special Exception. Assistant City Attorney, Kate Latorre advised that the Applicant did not necessarily need to physically delineate the display areas on the property, because the display areas would be enforceable by Staff utilizing the submitted plan showing the measurements and placements. Discussion continued regarding items for sale being hung on the open front door. Ms. Rezanka replied that the items being hung on the front door are intended to be an indoor display and this issue was not part of the request. Chairperson Russell stated to the property owner that he needed to find a way to make the front door and front entrance more attractive for the City's best interest. Discussion continued regarding measurement and delineation of the outside display areas. Chairperson Russell opened the floor for public comment. Leo Nicholas, former Board Member, commented that the display areas should be marked for adherence of compliance. Resident, Dennis Cogswell advised that he lived in the Puerto Del Rio Condominiums, behind the building. He spoke about the City originally wanting a smaller window area. He voiced his concern that this product would eventually be similar to the other Beach Wave retail stores that are located in Cocoa Beach, with big signage and outside displays all over the property. He urged the City not to allow this property to end up that way. Planning & Zoning Director, Barry Brown gave his prospective on how the Board should be considering this request. He advised that the outcome of working with the property owner for over a year is an attractive building, with beautiful architecture, landscaping, and signage; the owner has made a capital investment in the City; the building also has a restaurant and arcade; and this was the first phase of a broader development. He advised that the City was working on Code revisions for window signage to make sure it works for the owner, retailer and the City. Motion by Bruce Collins, seconded by Harry Pearson to recommend approval of the Special Exception, with the condition that display areas have a visible delineation. Vote on the motion carried unanimously. OPEN DISCUSSION: Board Member, Ron Friedman commented that the members serve on the Board and are supposed to be enforcing the Codes as they are written. If they don't like them, then get them changed. There being no further business the Chairperson adjourned the meeting at 9:05 p.m. Approved on this S day of .3 A , 2013. Lamar Russell, Chairperson tom, __Q Susan L. Chapman, eS cretary 0 CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD SEPTEMBER 18, 2013 MINUTES A meeting of the City of Cape Canaveral Community Appearance Board was held on September 18, 2013, in the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Randy Wasserman, Chairperson, called the meeting to Order at 6:00 p.m. MEMBERS PRESENT Randy Wasserman Chairperson Rosalie Wolf Vice Chairperson Bob Nienstadt Angela Raymond Mary Jo Tichich Joseph Mathos OTHERS PRESENT Susan Chapman Board Secretary Barry Brown Planning & Zoning Director Kate Latorre Assistant City Attorney NEW BUSINESS 1. Approval of Meeting Minutes: August 7, 2013. Motion by Mary Jo Tichich, seconded by Rosalie Wolf to approve the meeting minutes of August 7, 2013, as written. Vote on the motion carried unanimously. 2. Review & Motion Re: New Dollar General Store - 6395 N. Atlantic Avenue - Concept Development, LLC, Designated Agent. Planning & Zoning Director, Barry Brown gave his Staff Report. He advised that The Dollar General was planning to construct a 9,276 sq. ft. store on the site of the former Azteca Restaurant. The Board members reviewed and held discussion regarding: photographs and aerials of the site and setting as well as abutting and adjacent properties; property survey; proposed elevations; proposed landscaping; sidewalk, bike path and driveway location(s); truck delivery movements; demolition of the existing building and parking lot; lighting; dumpster location and screening; a/c location, including noise buffering and screening; proposed building colors; and stormwater retention. Attorney, Kim Rezanka, representative for John, Michelle, and Steven Porter, voiced concern regarding the buffering of undeveloped residentially zoned property owned by the Porter's, located west of this proposed commercial development. She spoke about buffering of a 50 ft. strip of property, which could be utilized as a future access road, located west of the proposed Dollar General property and east of the Porter's property. Barry Brown pointed-out that the Community Appearance Board Meeting Minutes September 18, 2013 Page 2 of 3 Dollar General property did not abut the Porter's property and the proposed development of the Dollar General property exceeded the minimum landscaping requirements per Code. The Board viewed photographs of the thick vegetative area west of the property. Discussion followed. Barry Brown explained that if a road was ever built along the 50 ft. strip which abutted the two properties, a landscape buffer would be required along the west property line by that property owner at that time. Discussion continued regarding the 50 ft. strip of property. Motion by Joseph Mathos, seconded by Rosalie Wolf to approve the new Dollar General Store, with the following two conditions: 1) The A/C ground unit shall have a privacy and noise dampering enclosure; and 2) The City's Building Department shall confirm that the colors on the elevations conform to the color codes shown on the application (Sherman-Williams). Voice vote on the motion carried unanimously. 3. Review & Motion Re: Selection of Summer Beautification Award Winners. Planning & Zoning Director, Barry Brown verified that a "We Noticed" sign was placed on each property nominated for a Beautification Award. He explained that one winner would be selected for each of the following categories: single family, multifamily, and commercial. He noted that at the Board's last meeting it became apparent that selection of award winners would be more easily accomplished if they had selection criteria. The Board members reviewed and discussed criteria preferences used by the Edgewood Park Neighborhood Association, for the basis of creating the Board's own selection criteria, submitted by Board Member, Angela Raymond. Discussion followed. The Board members reviewed photos and discussed each property that was nominated for the Summer Beautification Awards for each of the three categories. Chairperson Wasserman announced that the Board would now select the Summer Beautification Award winners. The Board members voted and the votes were tallied for each category. The winners of the 2013 Summer Beautification Awards were as follows: Single Family: Frank Monachello, 303-309 Lincoln Avenue Multifamily: Flores Del Mar Condominiums, 8472 Ridgewood Avenue Community Appearance Board Meeting Minutes September 18, 2013 Page 3 of 3 Commercial/Institutional: Mike's Pharmacy, 8400 Astronaut Boulevard Award for Special Individual Effort: Bill and Anita Morrell, 8932 Laguna Lane, Puerto Del Rio Barry Brown advised that each winner would receive a $50 VISA gift card. OPEN DISCUSSION Chairperson Wasserman reminded the Board members that when they are questioning applicants to stay focused on items germane to the application and to avoid here say. He cautioned Board members to be careful if they are contributing something from a third-party unless that person is at the meeting and they can ascertain that information themselves. Barry Brown announced that the Board would likely meet again in October to review elevations for a new proposed townhouse project on Oak Lane. Motion by Mary Jo Tichich, seconded by Rosalie Wolf to adjourn the meeting at 8:07 p.m. Approved on this day of , 2013. Randy Wasserman, Chairperson Susan L. Chapman, Board Secretary