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Home My WebLink AboutRE Wave Village - DA process and variances allowed by Code (4)Anthony – not sure a variance is the process to request additional signage. What are your thoughts? If you look at the definition of a variance in Sec 110, my reading does not contemplate additional signage. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Monday, October 29, 2018 4:10 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Cc: Anthony Garganese <agarganese@orlandolaw.net> Subject: RE: Wave Village - DA process and variances allowed by Code The earlier variance was a location variance, not a size height or area variance. Do you agree that Wave Development can apply for variances to allow more signage that the code allows? Kimberly Bonder Rezanka, Esq. 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 [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, October 29, 2018 4:00 PM To: Kimberly Rezanka <kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > Subject: RE: Wave Village - DA process and variances allowed by Code Hi Kim. I am not aware of an application fee related to a DA. I will confirm. Didn’t you receive a variance to the sign code in 2013? Don’t understand your question if you have already been down this path. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Monday, October 29, 2018 3:45 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Mosh Gal <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village - DA process and variances allowed by Code Dave and Anthony, 1. DA: Please let us know if there is an application or fee to submit this to City Council. 2. Variances: I understood both of you to say that the City Code does not allow variances to the sign code. However, Sec. 94-100 defines signage by area and height. Sec. 110-1 defines variance and states that they are authorized for height, area and size of structure - which I read to mean "height" or "area" or "size of structure". Please advise if there are other code sections that prohibit variances to signs. Thank you, 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: Kimberly Rezanka Sent: Wednesday, October 24, 2018 11:03 PM To: 'David Dickey' <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; 'Mosh Gal' <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village Thanks, David. Is there an application and/or fee for review/notice costs to bring a DA before Council? Kimberly Bonder Rezanka, Esq. . 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 [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, October 22, 2018 5:03 PM To: Kimberly Rezanka <kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > Subject: Wave Village Kim – following-up with you regarding the Wave Village project. My understanding is that your client wants to move forward under the provisions of a port-of-call facility, which per City Code must be approved through the Development Agreement (DA) process. As we have discussed, your preparation of a draft DA will get things rolling. I understand that signage is an important issue for your client. As the property is currently configured, the Code does not accommodate the number of monument signs being proposed. We will need to pay particular attention to this. Let me know if there is anything I can do to assist. Dave David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> 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 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 : Anthony Garganese Subject: RE: Wave Village - PD Zoning I haven’t heard back from Anthony whether he is available. Until then, I can’t give you a specific time. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Mosh Gal [mailto:mosh@wavevillage.com] Sent: Thursday, July 19, 2018 9:34 AM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; 'Kimberly Rezanka' <kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > Subject: RE: Wave Village - PD Zoning David Can we get a time for tomorrows phone conference? Thank You, Mosh Gal Phone (321)783-1848 Fax (321)799-1777 mosh@wavevillage.com <mailto:mosh@wavevillage.com> www.wavevillage.com <http://www.wavevillage.com> This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. 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. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. Employees of Wave Developments LLC are expressly required not to make defamatory statements and not to infringe or authorize any infringement of copyright or any other legal right by email communications. Any such communication is contrary to company policy and outside the scope of the employment of the individual concerned. The company will not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Tuesday, July 17, 2018 3:34 PM To: Kimberly Rezanka Cc: 'Mosh Gal'; Anthony Garganese Subject: RE: Wave Village - PD Zoning I am going to ask Anthony that he be part of the conversation. Anthony – are you available for a conference call with Kim, Mosh and I Friday any time before 1:30 pm? The topic is Wave Village. Thanks. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Tuesday, July 17, 2018 3:15 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: 'Mosh Gal' <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village - PD Zoning Dave, We are confused about needing a rezoning for this project. A DA seems more appropriate because of the phasing and signage issues. Can we schedule a conference call for Friday, anytime before 1:30? Mosh will be on the call as well. Thank you, Kimberly Bonder Rezanka, Esq. 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 [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, July 16, 2018 1:34 PM To: Kimberly Rezanka <kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> > Cc: 'Mosh Gal' <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village Yes. We would rezone the property from C1 to PD. We are currently doing the exact thing on the Craig Technology Building at 8550 Astronaut. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Monday, July 16, 2018 1:32 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: 'Mosh Gal' <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village Thanks. Do you consider "PD" to be a zoning designation? I find the City Code to be confusing as to PD's. 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, di्