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HomeMy WebLinkAboutRE Community Appearance Board Meeting - Tuesday February 28 2012 - Questions (7)Sounds like you have it all under control, Susan. As usual. Thanks! From: Susan Chapman [mailto:S.Chapman@cityofcapecanaveral.org] Sent: Thursday, March 01, 2012 5:00 PM To: Kate Latorre Subject: RE: Community Appearance Board Meeting - Tuesday, February 28, 2012 - Questions Kate, Don’t want to get you too excited J……, but I have prepared the “draft” Order, Barry took it home to review this evening. He is getting with me 1st thing tomorrow, I will make any changes he requests and then I will email it directly to you for your “expert” fine tuning. I have also contacted Chairperson Wasserman who will come here on his lunch break to execute the Order. Once executed, I will email it to the property owner, his engineer, and his attorney, and of course you and Barry. All copies will include the marked-up elevations. I will then mail the Order via certified return receipt requested to the applicant/property owner. And finally, I will depart the office for the weekend early as I need to flex the time for the CAB meeting. J Please let me know if I have forgotten anything. I did that all in one breath. Thanks! Susan Susan L. Chapman, Administrative Assistant/Board Secretary City of Cape Canaveral Planning & Development Department 7510 N. Atlantic Avenue P O Box 326 Cape Canaveral, FL 32920 Phone: (321)868-1205 Fax: (321)868-1247 Email: S.chapman@cityofcapecanaveral.org <mailto:S.chapman@cityofcapecanaveral.org> From: Kate Latorre [mailto:klatorre@orlandolaw.net] <mailto:[mailto:klatorre@orlandolaw.net]> Sent: Thursday, March 01, 2012 4:53 PM To: Susan Chapman Subject: RE: Community Appearance Board Meeting - Tuesday, February 28, 2012 - Questions Hey there, how’s it coming along? From: Susan Chapman [mailto:S.Chapman@cityofcapecanaveral.org] <mailto:[mailto:S.Chapman@cityofcapecanaveral.org]> Sent: Thursday, March 01, 2012 9:07 AM To: Kate Latorre Subject: FW: Community Appearance Board Meeting - Tuesday, February 28, 2012 - Questions Kate, I’m in the office and working on the Board Order. Susan Susan L. Chapman, Administrative Assistant/Board Secretary City of Cape Canaveral Planning & Development Department 7510 N. Atlantic Avenue P O Box 326 Cape Canaveral, FL 32920 Phone: (321)868-1205 Fax: (321)868-1247 Email: S.chapman@cityofcapecanaveral.org <mailto:S.chapman@cityofcapecanaveral.org> From: Kate Latorre [mailto:klatorre@orlandolaw.net] <mailto:[mailto:klatorre@orlandolaw.net]> Sent: Wednesday, February 29, 2012 3:31 PM To: Barry Brown Cc: David Greene; Angela Apperson; Susan Chapman Subject: FW: Community Appearance Board Meeting - Tuesday, February 28, 2012 - Questions Barry, FYI, I intend to advise Ms. Rezanka that the Order should be executed by Friday at the latest. I think Susan is out today but the Order should be priority tomorrow so the applicant can efficiently exercise its option to appeal. Thanks, Kate From: Kim Rezanka [mailto:KRezanka@deanmead.com] <mailto:[mailto:KRezanka@deanmead.com]> Sent: Wednesday, February 29, 2012 3:05 PM To: Kate Latorre Cc: David Greene (D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> ); Angela Apperson; B.Brown@cityofcapecanaveral.org <mailto:B.Brown@cityofcapecanaveral.org> Subject: RE: Community Appearance Board Meeting - Tuesday, February 28, 2012 - Questions Kate, Thank you for your professionalism and guidance last night. Do you know how soon we will receive the official notice of approval with conditions, as provided for in Sec. 22-43? Also, can you advise if there is any particular form of Notice of Appeal from the CAB to the City Council? Sec. 110-33 does not provide detailed information regarding such an appeal. Xtreme Fun, LLC intends to appeal two (2) of the conditions imposed by the CAB. Finally, do you know when the City will provide comments on the site plan application? It has been nearly two months since the application was filed. Your continued assistance is greatly appreciated. Sincerely, Kim Rezanka <http://www.deanmead.com/> Kimberly Bonder Rezanka Attorney at Law KRezanka@deanmead.com <mailto:KRezanka@deanmead.com> Dean Mead 8240 Devereux Drive, Suite 100 Viera, Florida 32940 321-259-8900 . Fax 321-254-4479 www.deanmead.com <http://www.deanmead.com/> . www.floridatrustsestatesblog.com <http://www.floridatrustsestatesblog.com/> Orlando | Fort Pierce | Viera | 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] <mailto:[mailto:klatorre@orlandolaw.net]> Sent: Tuesday, February 28, 2012 1:55 PM To: Kim Rezanka Cc: David Greene (D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> ); Angela Apperson; B.Brown@cityofcapecanaveral.org <mailto:B.Brown@cityofcapecanaveral.org> Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 - Clarification Requested Ms. Rezanka, The Community Appearance Board’s review of your client’s application is governed by sections 22-36 through 22-47 of the Cape Canaveral Code. The applicable review criteria is set forth in section 22-41(c). This is a separate review from the one conducted for site plans set forth in Chapter 110. In my opinion, Barry’s comments in the agenda packet touch on applicable CAB review criteria. As we discussed a few weeks ago, your client’s site plan will be reviewed under the City’s current site plan review procedures and criteria, and not on the proposed overlay district standards. Please feel free to contact me should you desire to further discuss this. I will be the Board attorney at the meeting tonight. Kate Latorre From: Kim Rezanka [mailto:KRezanka@deanmead.com] <mailto:[mailto:KRezanka@deanmead.com]> Sent: Monday, February 27, 2012 4:13 PM To: Susan Chapman; City Attorney’s Office; Clerks Office; Barry Brown; David Greene; Kelley, Joyce - CAB; Hamilton, Joyce; Nicholas, Leo; mellis@brev.org <mailto:mellis@brev.org> ; Wasserman, Randy - CAB; 'Bowman, Walter - CAB '; Wolf, Rosalie - CAB; Rick Neale (rneale@floridatoday.com <mailto:rneale@floridatoday.com> ); Building; Council Members; angray8@aol.com <mailto:angray8@aol.com> ; mjtichich@gmail.com <mailto:mjtichich@gmail.com> ; 'Nienstadt, Bob'; Mosh; Dave Menzel Cc: Kate Latorre Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 - Clarification Requested Dear Mr. Garganese and Ms. Latorre: From my discussions with Ms. Latorre, I understood that the Beachwave Complex's Site Plan Application was to be governed by the existing City standards, not the proposed Overlay District standards. From Mr. Brown's opinions regarding the "deficiencies" of the Site Plan, it appears that he is indeed imposing the proposed standards to this project. Please clarify what standards are intended to be utilized tomorrow night by the CAB. Further, we will object to any presentation of the proposed standards during the public hearing on this matter. Thank you for your attention to this matter. Sincerely, Kim Rezanka 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. person; B.Brown@cityofcapecanaveral.org <mailto:B.Brown@cityofcapecanaveral.org> Subject: RE: Community Appearance Board Meeting - Tuesday, February 28, 2012 - Questions Kate, Thank you for your professionalism and guidance last night. Do you know how soon we will receive the official notice of approval with conditions, as provided for in Sec. 22-43? Also, can you advise if there is any particular form of Notice of Appeal from the CAB to the City Council? Sec. 110-33 does not provide detailed information regarding such an appeal. Xtreme Fun, LLC intends to appeal two (2) of the conditions imposed by the CAB. Finally, do you know when the City will provide comments on the site plan application? It has been nearly two months since the application was filed. Your continued assistance is greatly appreciated. Sincerely, Kim Rezanka <http://www.deanmead.com/> Kimberly Bonder Rezanka Attorney at Law KRezanka@deanmead.com <mailto:KRezanka@deanmead.com> Dean Mead 8240 Devereux Drive, Suite 100 Viera, Florida 32940 321-259-8900 . Fax 321-254-4479 www.deanmead.com <http://www.deanmead.com/> . www.floridatrustsestatesblog.com <http://www.floridatrustsestatesblog.com/> Orlando | Fort Pierce | Viera | 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] <mailto:[mailto:klatorre@orlandolaw.net]> Sent: Tuesday, February 28, 2012 1:55 PM To: Kim Rezanka Cc: David Greene (D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> ); Angela Apperson; B.Brown@cityofcapecanaveral.org <mailto:B.Brown@cityofcapecanaveral.org> Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 - Clarification Requested Ms. Rezanka, The Community Appearance Board’s review of your client’s application is governed by sections 22-36 through 22-47 of the Cape Canaveral Code. The applicable review criteria is set forth in section 22-41(c). This is a separate review from the one conducted for site plans set forth in Chapter 110. In my opinion, Barry’s comments in the agenda packet touch on applicable CAB review criteria. As we discussed a few weeks ago, your client’s site plan will be reviewed under the City’s current site plan review procedures and criteria, and not on the proposed overlay district standards. Please feel free to contact me should you desire to further discuss this. I will be the Board attorney at the meeting tonight. Kate Latorre From: Kim Rezanka [mailto:KRezanka@deanmead.com] <mailto:[mailto:KRezanka@deanmead.com]> Sent: Monday, February 27, 2012 4:13 PM To: Susan Chapman; City Attorney’s Office; Clerks Office; Barry Brown; David Greene; Kelley, Joyce - CAB; Hamilton, Joyce; Nicholas, Leo; mellis@brev.org <mailto:mellis@brev.org> ; Wasserman, Randy - CAB; 'Bowman, Walter - CAB '; Wolf, Rosalie - CAB; Rick Neale (rneale@floridatoday.com <mailto:rneale@floridatoday.com> ); Building; Council Members; angray8@aol.com <mailto:angray8@aol.com> ; mjtichich@gmail.com <mailto:mjtichich@gmail.com> ; 'Nienstadt, Bob'; Mosh; Dave Menzel Cc: Kate Latorre Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 - Clarification Requested Dear Mr. Garganese and Ms. Latorre: From my discussions with Ms. Latorre, I understood that the Beachwave Complex's Site Plan Application was to be governed by the existing City standards, not the proposed Overlay District standards. From Mr. Brown's opinions regarding the "deficiencies" of the Site Plan, it appears that he is indeed imposing the proposed standards to this project. Please clarify what standards are intended to be utilized tomorrow night by the CAB. Further, we will object to any presentation of the proposed standards during the public hearing on this matter. Thank you for your attention to this matter. Sincerely, Kim Rezanka 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.