HomeMy WebLinkAboutFW Cape Canaveral - Wave Development DA - proposed response to Anthony and David - let me know what you think - I am unavailable from 2 00 to 2 30 (3)Dear Anthony and David,
We have several concerns with the revised DA.
First, the time frames have been changed and are not agreeable to Mosh.
Second, the height of 65 feet should be allowable by the DA, but it has
been stricken.
Third, you have inserted the word “professional” in front of “property
management company” – what does that mean?
Fourth, you have included a “master sign plan” phase, requiring another
approval by the City when it should be approved in this DA. We were
unaware the City had a master sign plan ordinance.
Overall, we are disappointed that you have refused to recognize that
Sec. 102.48 of the City Code allows waives and incentives to be granted
in a DA.
While we would like to have your responses to our comments, along with
an explanation of why all these changes were made, my client has asked
that the DA we initially proposed be scheduled for hearing before the
City Council as soon as possible. We have not been advised of any
advertising fee, but anticipate that the City will charge for such a
fee. Please provide an invoice for any fees.
We look forward to hearing from you in response to our comments, and to
obtaining a date for City Council to review the initially proposed Port
of Call DA.
Thank you,
Kimberly Bonder Rezanka, Esq.
96 Willard Street, Suite 302
Cocoa, FL 32922
321-639-1320 ext. 123
Fax 321-639-9950
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From: Anthony A. Garganese <agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net> >
Sent: Thursday, February 21, 2019 11:58 AM
To: Kimberly Rezanka <kim@cfglawoffice.com
<mailto:kim@cfglawoffice.com> >; David Dickey
<D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >
Cc: Mosh Gal <mosh@wavevillage.com <mailto:mosh@wavevillage.com> >
Subject: RE: Cape Canaveral - Wave Development DA - please schedule
before City Council
Importance: High
Kim,
Attached is a revised Port of Call Agreement for review without
exhibits. Please let us know if you would like to schedule time to
discuss.
Regards,
Anthony
Garganese, Weiss, D'Agresta & Salzman, P.A.
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: sshell@orlandolaw.net <mailto:sshell@orlandolaw.net>
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From: Kimberly Rezanka <kim@cfglawoffice.com
<mailto:kim@cfglawoffice.com> >
Sent: Tuesday, February 19, 2019 9:53 AM
To: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >
Cc: Mosh Gal <mosh@wavevillage.com <mailto:mosh@wavevillage.com> >
Subject: [EXTERNAL] RE: Cape Canaveral - Wave Development DA - please
schedule before City Council
Dave and Anthony,
As you may recall, this project was scheduled before the CAB about a
year ago when you all suggested we get the DA in place before going to
the CAB.
Please provide comments to us on the DA, or schedule if for hearing
before the City Council – or better, yet – please do both as soon as
possible.
Thank you,
Kimberly Bonder Rezanka, Esq.
96 Willard Street, Suite 302
Cocoa, FL 32922
321-639-1320 ext. 123
Fax 321-639-9950
IMPORTANT: This message is intended only for the use of the individual
or entity to which it is addressed and may contain information that is
privileged, confidential and exempt from disclosure under applicable
law. If the reader of this message is not the intended recipient, or
the employee or agent responsible for delivering the message to the
intended recipient, you are, by this, on notice that any dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify us
immediately by telephone and return the original message to Cantwell &
Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you.
From: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >
Sent: Monday, February 4, 2019 3:38 PM
To: Kimberly Rezanka <kim@cfglawoffice.com
<mailto:kim@cfglawoffice.com> >
Subject: RE: Cape Canaveral - Wave Development DA - Vacation Apartment
Rental Uses - follow up
Hi Kim. Spoke to Anthony about this last Friday. He said this is at the
top of his list to complete, He has been extremely busy. Looking for it
towards the end of this week.
From: Kimberly Rezanka [mailto:kim@cfglawoffice.com]
Sent: Tuesday, January 29, 2019 3:43 PM
To: Anthony Garganese <agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net> >
Cc: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Mosh Gal
<mosh@wavevillage.com <mailto:mosh@wavevillage.com> >
Subject: RE: Cape Canaveral - Wave Development DA - Vacation Apartment
Rental Uses - follow up
Anthony and Dave,
Any progress moving this forward?
Thank you,
Kimberly Bonder Rezanka, Esq.
96 Willard Street, Suite 302
Cocoa, FL 32922
321-639-1320 ext. 123
Fax 321-639-9950
From: Kimberly Rezanka
Sent: Friday, January 4, 2019 12:54 PM
To: 'Anthony A. Garganese' <agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net> >
Cc: 'David Dickey' <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; 'Mosh Gal'
<mosh@wavevillage.com <mailto:mosh@wavevillage.com> >
Subject: FW: Cape Canaveral - Wave Development DA - Vacation Apartment
Rental Uses
Anthony,
Please review and comment on the proposed addition to the end of Sec.
5.B. of the Port of Call DA proposed by Wave Development.
“Vacation Apartment Rental Uses (“VAR”) is defined as “studio, one, two
and three bedroom units that are rented or leased for monetary or other
consideration for periods for one night or longer to provide lodging to
the public, for transients, tourists or persons of short-term residence,
in which kitchen and laundry facilities are offered. The VARs will be
managed by a property management company.”
Please let us know if there are other questions or comments regarding
the proposed DA.
Sincerely,
Kimberly Bonder Rezanka, Esq.
321-639-1320 ext. 123
IMPORTANT: This message is intended only for the use of the individual
or entity to which it is addressed and may contain information that is
privileged, confidential and exempt from disclosure under applicable
law. If the reader of this message is not the intended recipient, or
the employee or agent responsible for delivering the message to the
intended recipient, you are, by this, on notice that any dissemination,
distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify us
immediately by telephone and return the original message to Cantwell &
Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you.
From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net]
Sent: Wednesday, December 19, 2018 11:39 AM
To: Kimberly Rezanka <kim@cfglawoffice.com
<mailto:kim@cfglawoffice.com> >
Subject: Cape Canaveral - Wave
Kim,
After our meeting yesterday, we will be proposing several changes to
the draft DA. During our meeting, an issue came up regarding the
Vacation Rental Apartments. As part of the Port of Call project, we
assumed that your client will have some kind of a central vacation
rental management company managing the apartment units and tourist/guest
needs for short and long term rental including taking reservations for
the units. However, the draft DA is silent on that issue and we weren’t
certain. At your earliest convenience, please have your client
elaborate on the management plan that will be in place for the vacation
rental apartments so the City can proceed with a clear understanding on
this issue. Thanks.
Anthony
Anthony A Garganese | Esquire
Board Certified City, County & Local Government Law
Garganese, Weiss, D’Agresta, & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net
<https://url.emailprotection.link/?abbrmuT-2OKg08dkUTFY94ZtivlApBDEBVH2E
TaAwGBQ~>
Email: agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net>
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in such reply being quarantined (i.e., potentially not received at our
site at all) and/or delayed in reaching us. For that reason, we may not
receive your reply and/or we may not receive it in a timely manner.
Accordingly, you should consider sending communications to us which are
particularly important or time-sensitive by means other than e-mail.
Confidentiality Note: This e-mail, and any attachment to it, contains
privileged and confidential information intended only for the use of the
individual(s) or entity named on the e-mail. If the reader of this
e-mail is not the intended recipient, or the employee or agent
responsible for delivering it to the intended recipient, you are hereby
notified that reading it is strictly prohibited. If you have received
this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
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communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
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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