HomeMy WebLinkAboutcocc_cab_mtg_agenda_pkt_20250416CAPE CANAVERAL COMMUNITY APPEARANCE
BOARD
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
April 16th, 2025
6:00 P.M.
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
Community Appearance Board (CAB) 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 CAB will not take any action under the "Public Participation" section of the agenda.
The CAB may schedule items not on the agenda as regular items and act upon them in the future.
CONSENT AGENDA
1. Approval of Meeting Minutes — January 15th, 2024
OLD BUSINESS
NEW BUSINESS
2. Review Level I Application for a port -of -call development ("Waves District") on 5 acres at
8801 Astronaut Boulevard (Parcel ID: 24-37-15-00-817) — Oshri Gal, Wave Developments,
LLC, Applicant/Owner
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 matterconsidered 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 City
Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CAPE CANAVERAL COMMUNITY APPEARANCE BOARD
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
January 15, 2025
6:00 P.M.
MINUTES
CALL TO ORDER: A meeting of the Community Appearance Board (CAB) took place on January
15, 2025, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL. Vice Chairman
Nienstadt called the meeting to order at 6:00 p.m. The Board Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT:
Bob Nienstadt
Jalinda Morgan
Pamela Paisley
Angela Trulock
OTHERS PRESENT:
Brianna Soat
Connor Ford
Renee Yother
Vice Chairman
Board Member
Board Member
Board Member
Director, Community Economic and Development
Senior Planner
Board Secretary
APPROVAL OF AGENDA AS WRITTEND OR WITH AMENDMENTS: Vice Chairman Nienstadt
announced that Item 7 and Item 8 of the Agenda will be postponed until further notice, as
requested by the applicants.
PUBLIC PARTICIPATION: Tom Stobie, resident at 201 International Drive, shared his concerns for
the condition of the tennis courts at the Nancy Hanson Recreation Complex and money budgeted
for a concession stand. Director Soat informed that the concessions stand is budgeted with the
CRA. Attorney Garganese informed the Board that Mr. Stobie's comments in terms of budget,
appropriations and capital projects for the City are better addressed with the City Council. Kay
Jackson, Council Member, discussed design elements, architectural style, guidelines for design
and architectural style, pedestrian safety, Florida Department of Transportation construction. Staff
will research if the City has implemented any design elements and architectural style guidelines.
Director Soat informed the Board of the Local Roads Committee
CONSENT AGENDA:
1. Approval of Meeting Minutes - November 20, 2024: Board Member Trulock motioned to
approve the Minutes as written, Board Member Morgan seconded. The vote
carried unanimously.
Community Appearance Board
Meeting Minutes —January 15, 2025
Page 2 of 3
Selection of Board Chair and Vice Chair: Board Member Paisley motioned to appoint Vice
Chairman Nienstadt to Chairman, seconded by Board Member Morgan. Vote carried
unanimously. Chairman Nienstadt motioned to appoint Board Member Morgan to
Vice Chairman, seconded by Board Member Paisley. Vote carried unanimously.
OLD BUSINESS:
2. Board interview: reappointment of Elana Whitehead: Chairman Nienstadt motioned to
reappointment Elana Whitehead to the Board, seconded by Vice Chairman Morgan. Vote
carried unanimously.
3. Review Level I Application for five attached single -story residential units on 0.42 acres at the
southwest corner of Orange Avenue and Buchanan Avenue (Parcel ID: 24 37 23 CG 67 1) —
Arthur Berger, Applicant; Rosa Ragosta and Lorne Kirsch, Owners. Mr. Kirsch explained these
units will be rental units and only one story. Discussion ensued including landscaping,
color scheme and sidewalks. Chairman Nienstadt motioned to approve the
application with the color blue and sidewalks, seconded by Angela Trulock. Vote
carried unanimously.
NEW BUSINESS:
4. Review Level II Application for facade improvement at 8075-8085 North Atlantic Avenue (Parcel
ID: 24-37-23-00-260) — Justo Naranjo, Applicant; Perth LLC, Owner. Director Soat informed the
Board that this applicant has applied for a Community Redevelopment Agency (CRA) Grant for
facade improvements and that the Development Review Committee (DRC) approved the Grant
application. Mr. Naranjo provided a detailed presentation describing the improvements to be
made. Additionally, he provided sample of the tile and stone and color swatches for the Board
to observe. Vice Chairman Morgan motioned to approve the application, seconded by
Chairman Nienstadt. Vote carried unanimously.
5. Review Level II Application for a mural at 8660 Astronaut Boulevard ("Mangrove Marketplace")
(Parcel ID: 24-37-15-00-757) — Arthur Berger, Applicant/Owner. Director Soat informed the
Board that this applicant has applied for a Community Redevelopment Agency (CRA) Grant for
facade improvements and that the Development Review Committee (DRC) approved the Grant
application. Discussion ensued which included the size of the mural, all columns with a mural
versus just one column with a mural, signage, landscaping and lighting. Board Member Paisley
motioned to approve the application, seconded by Chairman Nienstadt. Vote carried
unanimously.
6. Continued at the applicant's request — Review Level I Application for 80 townhouse units ("La
Casa Canaveral Townhomes") on 7.7 acres at 700 West Central Boulevard (Parcel ID: 24-37-15-
00-510 — Wenjun "Lulu" Lu, Applicant; LV Cape Canaveral LLC, Owner.
7. Continued at the applicant's request - Review Level I Application for a port -of -call
development ("Waves District") on 5 acres at 8801 Astronaut Boulevard (Parcel ID: 24-37-15-00-
817) — Oshri Gal, Wave Developments LLC, Applicant/Owner.
Community Appearance Board
Meeting Minutes — January 15, 2025
Page 3 of 3
Chairman Niendstadt motioned to postpone Items 7 and 8, seconded by Vice Chairman
Morgan. Vote carried unanimously.
Chairman Nienstadt motioned to amend the Agenda order to move Item 8 after Open
Discussion, seconded by Board Member Trulock. Vote carried unanimously.
8. Establishing a board meeting schedule. Director Soat introduced the City's Senior Planner,
Connor Ford. She asked for the Board to set a regular meeting schedule for 2025. Chairman
Nienstadt motioned for the Board to meet the first Wednesday of the month at 6:00,
seconded by Board Member Paisley. Vote carried unanimously.
REPORTS AND OPEN DISCUSSION:
Discussion ensued regarding training session for the Board on Robert's Rules and the Board's
role, application process, design criteria, Economic Development Plan element. Board Member
Paisley requested for Staff to ask applicants to provide materials, such as color boards, to be
presented to the Board to make a more informed decision.
ADJOURNMENT: There being no further business, Chairman Nienstadt adjourned the meeting
at 7:21 p.m.
Approved on this
day of , 2025.
Bob Nienstadt, Chairman
Renee Yother, Board Secretary
COMMUNITY APPEARANCE BOARD (CAB)
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
APRIL 16TH, 2025 REGULAR MEETING • ITEM #2
Subject: Review Level I Application for a port -of -call development ("Waves District") on 5 acres at
8801 Astronaut Boulevard (Parcel ID: 24-37-15-00-817).
Applicant/Owner: Oshri Gal, Wave Developments LLC, Applicant/Owner
Department: Community and Economic Development
Summary: Applicant, Oshri Gal, of Wave Developments LLC, requests Community Appearance
Board (CAB) approval for all phases of the port -of -call development ("Waves District") on 5 acres at
8801 Astronaut Boulevard. This application is subject to the "First Addendum to the Amended and
Restated Port of Call Facility Development Agreement" (dated March 18, 2025) which permits the
Owner to submit a single application to the CAB for the concurrent consideration and approval of
the architectural renderings for Phases 2, 3, and 4.
The overall "Waves District" project consists of the construction of two new six story "vacation
apartment rental buildings" (as defined in Development Agreement) and a single -story
commercial building, constructed in 4 separate phases as noted below. Construction of associated
site improvements include parking, site access, pavement, stormwater management system, utility
connections (sanitary sewer, potable water service and fire line connection) and landscaping.
• Phase 1 (existing) - 1 restaurant + 1 retail unit
• Phase 2 - single story commercial building
• Phase 3 - six story vacation apartment building with pool
• Phase 4 - six story vacation apartment building
Per Sec. 22-44(1) of the Cape Canaveral Code of Ordinances (CCCO), the CAB reviews and approves,
approves with conditions, or denies the application on the basis of the following findings under
CCCO Sec. 22-42(c).
(1) The plans and specifications of the proposed project indicate that the setting, landscaping,
ground cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and
simplicity are coordinated in a harmonious manner relevant to the particular proposal,
surrounding area and cultural character of the community.
The applicant proposes to improve the facade of the existing Phase 1 of the Waves District
"port -of -call" development (currently occupied by Surf Style retail and Zarrella's restaurant
establishments) and construct, to the south, a similar building containing a food hall and other
restaurant uses. Both structures have one level of occupancy but larger than average height.
The project is subject to the requirements of the A1A Economic Opportunity Overlay District
(EOOD; Article X of the Zoning Ordinance). CCCO Sec. 110-624(1)(d) requires any single -story
structure exceeding 25' total height or 15' floor -to -ceiling height to be designed to appear as a
multistory structure. This section also allows the CAB to approve exceptions to this requirement.
The Phase 2 building is a single -story structure exceeding 30' and 22' floor -to -ceiling. Staff
recommends approval of this request to maintain the balance and rhythm of the development.
The renderings exhibit the unity across the development itself, with harmonious color and
materials across the development and landscaping similar to other properties throughout the
area.
Phases 3 and 4 propose two six -story vacation apartment rental buildings that continue the
aesthetic character established in Phases 1 and 2. These structures feature a coordinated
architectural style with modern coastal elements, including large windows, stepped facades, and
neutral color palettes (white, gray, and blue hues). Landscaping treatments mirror those from
earlier phases and neighboring properties, contributing to a unified and visually balanced
corridor along Astronaut Boulevard. The scale and proportion of the buildings are appropriate
given their location within the A1A EOOD, and their placement on the site ensures visual
balance. The project includes integrated pedestrian pathways and pool areas that enhance
connectivity and promote simplicity and flow throughout the development.
(2) The plans for the proposed building or structure are in harmony with any future development
which has been formally approved by the City within the surrounding area.
Northeast of the Waves District (across State Road A1A), the Hilton Garden Inn is currently under
construction. This hotel and ground floor restaurant will be of a similar height to Phases 3 and
4 of the Waves District. The property abutting the southwest property line across West Central
Blvd. beginning the process of applying for a townhome development ("La Casa Canaveral
Townhomes"). Moreover, the City already maintains pedestrian connection between the two
sites with a sidewalk along the north side of West Central Boulevard. If constructed, the uses
will be mutually beneficial. The Waves District, while unique in use compared to adjacent
properties, introduces an urban design that is compatible with the City's long-term vision for
the corridor.
(3) The plans for the proposed building or structure are not excessively similar or dissimilar to any
other building or structure which is either fully constructed, permitted but not fully constructed,
or included on the same permit application, and facing upon the same or intersecting street
within 500 feet of the proposed site, with respect to one or more of the following features of
exterior design and appearance:
a. Front or side elevations;
b. Size and arrangement of elevation facing the street, including reverse arrangement; or
c. Other significant features of design such as, but not limited to: materials, roof line and height
or design elements.
The "port -of -call" facility will be the first of its kind within the City, permitted through
Development Agreement and defined under CCCO Sec. 110-592 as a "tourist -related use with
a range of uses which may include, but is not limited to commercial parking, transportation
transfer facility, vehicle rental, taxi service, retail, restaurants visitor/information center, provision
for hotel, and other tourist support services". On December 3, 2024, the owner and the City
entered into an Amended and Restated Development Agreement for a four -phased
development.
• Phase 1 (existing): 1 restaurant + 1 retail unit
• Phase 2: food hall, restaurant, retail
• Phase 3: 64 "Vacation Apartment Rental" units
• Phase 4: "up to 40 Vacation Apartment Rental" units and a parking garage
The Phase 1 and 2 structures rise to a lower elevation compared to the vast majority of structures
within 500' of the site. The buildings will flank the site, providing structure for the future fully
constructed development, situated perpendicularly to State Route A1A and closely parallel to
West Central Boulevard. The roof elevation of Phase 3 and 4 structures will be 65 feet or lesser
and the remainder of the structure's height will be comprised of the exceptions in Sec. 110-471
such as cupolas, elevator equipment, and the screening of such exemptions. The plans for the
proposed structures are not excessively similar or dissimilar to any other building or structure
which is either fully constructed, permitted but not fully constructed, or included on the same
permit application, and facing upon the same or intersecting street within 500 feet of the
proposed site,
(4) The plans for the proposed building or structure are in harmony with the established character
of other buildings or structures in the surrounding area with respect to architectural
specifications and design features deemed significant based upon commonly accepted
architectural principles of the local community.
The updates to Phase 1 as exhibited in the concept renderings will provide a "facelift" to the
building, and thus, the area, and will match the character of the subsequent Phase 2, 3, and 4.
The project is subject to the requirements of the A1A EOOD which provides for harmonious
design across properties fronting the City's highest -traveled corridors.
(5) The proposed development of the building or structure is consistent and compatible with the
intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other
applicable federal, state or local laws.
The project is subject to the requirements of the A1A EOOD and the Amended and Restated
Development Agreement dated December 3, 2024. The subsequently required Site Plan
application requires Concurrency Management System review which aims to address the
Infrastructure and Land Use Elements of the City's Comprehensive Plan. The project does not
propose any new curb cuts. Staff advises that the proposed structures are consistent and
compatible with the intent and purpose of the Comprehensive Plan for Cape Canaveral, and
other applicable federal, state or local laws.
(6) Within the C-1, C-2, and M-1 zoning districts, any exterior building or roof color used shall be
well designed and integrated with the architectural style of the building and surrounding
landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity
within the district. Bright or brilliant colors shall not be permitted except for use as an accent
color within the C-1, C-2, or M-1 zoning districts.
The renderings do not indicate out -of -the -ordinary paint colors, limiting to shades of blue, gray,
and white.
The application is in compliance with concept plan requirements outlined in Sec. 22-45. As per the
"First Addendum to the Amended and Restated Port of Call Facility Development Agreement",
following the City' s issuance of certificate of occupancy for the Phase 2 building, Owner shall have
no more than ten (10) years to file with the City all required permit applications for approval of a
site plan and architectural renderings, and shall obtain final approval of said applications from the
City for Phase 3 within twenty- four (24) months, or either party may terminate the Phase 3 and 4
obligations required by this Agreement. The Phase 3 Plans shall be prepared in compliance with
applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site
Plans) and Chapter 22, Article III (Community Appearance Board Review). Owner shall have twenty-
four (24) months from the date that the City approves the Phase 3 Plans to complete the Phase 3
development of the Property. Completion of Phase 3 shall be evidenced by the City' s issuance of
a certificate of occupancy for the building and any associated structures and upon all necessary site
work being completed consistent with the approved Phase 3 Plans.
Following the City's issuance of a certificate of occupancy for the Phase 3 building, Owner shall
have no more than ten (10) years to file with the City all required permit applications for approval
of a site plan and architectural renderings, and shall obtain final approval of said applications from
the City for Phase 4 of the Project ("Phase 4 Plans") within twenty- four (24) months, or either party
may terminate the Phase 4 obligation required by this Agreement pursuant to Section 10 of the
Development Agreement. The Phase 4 Plans shall be prepared in compliance • with applicable
provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and
Chapter 22, Article III (Community Appearance Board Review),
Should the CAB approve the application, the Planning and Zoning Board would then review the Site
Plan Application for Phases 2, 3, and 4 for conformance with the corresponding set of required
findings and make a recommendation to Staff. Subsequently, the applicant will apply for Building
Permit for complete review and approval by all responsible entities prior to construction. The First
Addendum explicitly authorizes the concurrent consideration and approval of the architectural
renderings for Phases 2, 3, and 4 by the CAB. In addition, it provides that notwithstanding the
expiration provision set forth in Section 22-43(b) of the City Code, architectural renderings
approved by the Community Appearance Board in accordance with the requirements of this
Agreement shall remain valid indefinitely, unless and until the Agreement is terminated.
Submitted by: Connor Ford
Attachments:
1. CAB Application
2. Site Plan
3. Floor Plan Elevations
4. Photos
5. Renderings
6. First Addendum to the Amended and Restated Port of Call Facility Development
Agreement
Community and Economic Development Staff recommend the Board take the following
actions: Approve the Level I application for a port -of -call development ("Waves District") on 5
acres at 8801 Astronaut Boulevard (Parcel ID: 24-37-15-00-817), specifically Phases 2, 3, and 4 as
with approval of the single -story design exception for Phases 1 and 2 under Sec. 110-624(1)(d).
Approved by Director: Zachary Eichholz Date: April 9, 2025
Owner(s) Name:
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Address of Request:
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City of Cape Canaveral Community Appearance Board Application — 060021
Pg. 4
TOTAL 18.0 SF REQUIRING. SPACES
PROPOSED REQUIRED PARKING
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REQUIRED PARKING TOTAL
TOTAL SPACES REQUIRED: 73 SPACES
PROVIDED PARKING TOTAL
TOTAL SPACES PROVIDED: 130 SPACES
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PROPOSED REQUIRED PARR NG
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TOTAL SPACES REQUIRED: 10.3 SPACES
PROVIDED PARKING TOTAL
TOTAL SPACES PROVIDED: 105 SPACES
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PROPOSED REQUIRED PARR NG
REQUIRED PARKING TOTAL
• 1.(EXISTING), .(PROPOSED). 187 SPACES
TOTAL SPACES REWIRED: 187 SPACES
PROVIDED PARKING TOTAL
• 138 (EXIST!, • 12,ROPOSED)..1 SPACES
TOTAL SPACES PROVIDED: 201 SPACES
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CFN 2025054898, OR BK 10289 PAGE
2057 Recorded 03/20/2025 at 08 46 AM Rachel M
Sadoff, Clerk of Courts, Brevard County
Pgs5
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566
FIRST ADDENDUM TO THE
AMENDED AND RESTATED PORT OF CALL FACILITY
DEVELOPMENT AGREEMENT
THIS FIRST ADDENDUM TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT ("First Addendum") is made this 1 ? day of ' C , 2025, by and between the
City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC,
a Florida limited liability company authorized to conduct business in Florida ("Owner").
RECITALS:
WHEREAS, this Agreement is a development agreement entered into pursuant to the
Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and
WHEREAS, the Owner and City previously entered into an Amended and Restated Port of
Ca11 Facility Development Agreement, dated December 3, 2024, recorded in ORB 10217, Page
795, Public Records of Brevard County, Florida ("Development Agreement"); and
WHEREAS, the Parties wish to amend the Development Agreement to permit the Owner
to submit a single application to the Community Appearance Board for the concurrent
consideration and approval of the architectural renderings for Phases 2, 3, and 4; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
Section 2. Authority. This First Addendum is entered into pursuant to the City's Home
Rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers
Act, and is a condition precedent and requirement to create a Port of Call facility under the EOOD.
Section 3. Amendment to Section 5 (C) and (D). Section 5 (C) and (D) of the
Development Agreement are hereby amended as follows (underline type indicate additions to the
Development Agreement):
C. Phase 3 —Vacation Apartment Rental Uses and other permissible uses under the City Code:
Phase 3 shall include development of up to sixty-four (64) Vacation Rental Apaitinent units and
pedestrian and vehicular connectivity to Phase 2 as required by the Phase 3 site plan approved by
1
First Addendum to Amended and Restated Development Agreement
Wave Developments, LLC
the City, and Phase 3 may be pet', Med and constructed concurrently with Phase 4. Phase 3
Community Appearance Board applications may be approved concurrently with Phase 2.
i. Plans. Following the City's issuance of a certificate of occupancy for the Phase 2 building,
Owner shall have no more than ten (10) years to file with the City all required permit applications
for approval of a site plan and architectural renderings, and shall obtain final approval of said
applications from the City for Phase 3, of the Project ("Phase 3 Plans") within twenty-four (24)
months, or either party may terminate the Phase 3 and 4 obligation required by this Agr-,einent
pursuant to Section 10 of this Agreement. The Phase 3 Plans shall be prepared in compliance with
applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site
Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended.
The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "D".
ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City
approves the Phase 3 Plans to complete the Phase 3 development of the Property. Completion of
Phase 3 shall be evidenced by the City's issuance of a certificate of occupancy for the building and
any associated structures and upon all necessary site work being completed consistent with the
approved Phase 3 Plans. At the request of Owner, the City Manager may grant one or more
additional extensions of time for Owner to attain plans approval or complete the development as
required by this subsection in increments of time not to exceed twelve (12) months, but no less
than six (6) months each. Any such written request shall be submitted prior to the expiration of
the applicable time period and shall demonstrate good cause why the extension should be granted.
The City Manager shall issue his approval or denial of Owner's request in writing within five (5)
business days of his receipt of same. If an extension request is denied, the Owner may appeal the
City Manager's decision to deny the request by providing written notice of the appeal to the City
Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the
City Council's next regular agenda for a final decision by the City Council. Following the
expiration of any extension of time that may be granted by the City Manager or City Council, if
Owner fails to complete the Phase 3 development, the City may declare Owner in default of this
Agreement.
D. Phase 4 — Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall
include development of a new building with up to forty (40) Vacation Apartment Rental units and
parking garage, and Phase 4 may be permitted and constructed concurrently with Phase 3. Phase
4 Community Appearance Board applications may be approved concurrently with Phases 2 and 3.
i. Plans. Following the City's issuance of a certificate of occupancy for the Phase 3 building,
Owner shall have no more than ten (10) years to file with the City all required permit applications
for approval of a site plan and architectural renderings, and shall obtain final approval of said
applications from the City for Phase 4 of the Project ("Phase 4 Plans") within twenty-four (24)
months, or either party may terminate the Phase 4 obligation required by this Agreement pursuant
to Section 10 of this Agreement. The Phase 4 Plans shall be prepared in compliance with
applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site
Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended.
The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "E".
2
First Addendum to Amended and Restated Development Agreement
Wave Developments, LLC
ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City
approves the Phase 4 Plans to complete the Phase 4 development of the Property. Completion of
Phase 4 shall be evidenced by the City's issuance of a certificate of occupancy for the building,
parking garage and associated structures and, and upon all necessary site work being completed
consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant
one or more additional extensions of time for Owner to attain plans approval or complete the
development as required by this subsection in increments not to exceed twelve (12) months, but
no less than six (6) months each. Any such written request shall be submitted prior to the
expiration of the applicable time period and shall demonstrate good cause why the extension
should be granted. The City Manager shall issue his approval or denial of Owner's request in
writing within five (5) business days of his receipt of same. If an extension request is denied, the
Owner may appeal the City Manager's decision to deny the request by providing written notice of
the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then
place the appeal on the City Council's next regular agenda for a final decision by the City Council.
Following the expiration of any extension of time that may be granted by the City Manager or City
Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in
default of this Agreement.
Section 4. Amendment to Section 5 (H). Section 5 (H) of the Development Agreement
is hereby amended to add the following subsection (underline type indicates additions to the
Development Agreement):
Notwithstanding the expiration provision set forth in Section 22-43(b) of the City Code,
Community Appearance Board applications approved by the Community Appearance Board in
accordance with the requirements of this Agreement shall remain valid indefinitely, unless and
until the Agreement is terminated.
Section 5. Effective Date of First Addendum. This First Addendum shall be effective
upon full execution by both parties hereto and upon recording by the City with the Clerk of the
Court for Brevard County, Florida ("Effective Date"). This First Addendum hereby extends the
Phase 2 filing deadline by ninety (90) days.
. Section 6. Continuation of Unmodified Terms. All terms of the Development
Agreement, except those modified by this First Addendum, shall remain in full force and effect.
[Signature Pages Follow]
3
First Addendum to Amended and Restated Development Agreement
Wave Developments, LLC
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above
written.
By:
her Cou on
City Clerk
(CITY SEA
CITY:
City of Cape Canaveral,
A Florida munic.
By:
ation.
n DeLeo, Interim City Manager
Date: Me.-4.t, 2,0 1.4"
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
Florida, only
By:
Anthony A. Garganese, City Attorney
For the City of Cape Canaveral, Florida
Authorized by City Council on February 18, 2025.
4
First Addendum to Amended and Restated Development Agreement
Wave Developments, LLC
Signed, sealed and delivered in the
presence oche following witnesses:
Sign
Printed Name of Witness
s
\fV,YX
Signatur4 Witness [,
c'J V.:JOY\
Printed Name ofWitnes§
STATE OF FLORIDA
COUNTY OF BREVARD
OWNER:
Wave Developments, LLC,
a Florida limited liability company,
By
Date:
Oshri Gal, Manager
The foregoing instrument was acknowledged before me this \ t5 day of (\,)\,0 C,J11 , 2025, by
means of :0-physical presence or El online notarization, by Oshri Gal, as Manager of Wave
Developments, LLC, and that he, in such capacity, acknowledged before me that he executed the
foregoing instrument, as said entity's true act and deed, and that he was duly authorized to do so
on behalf of said entity.
Print Name
Notary Public, State of Florida
Commission No.: hikIL-1.)(5'(),
My Commission Expires:
5
52.5