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Home My WebLink AboutFW BB Sub-division proposed Ordinance 2025-03HI all, My team will compile their work and correspondence regarding this ordinance for a response to this request. The correspondence goes back at least to July 2024. Esther, are we submitting everything to you? Tamsin Bell Community and Economic Development Director <http://www.cityofcapecanaveral.org/> City of Cape Canaveral (321) 868-1220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: Kim Rezanka <krezanka@LLR.Law> Sent: Tuesday, June 17, 2025 3:40 PM To: John DeLeo <j.deleo@capecanaveral.gov>; Wes Morrison <W.Morrison@capecanaveral.gov>; Mickie Kellum <m.kellum@capecanaveral.gov>; Kim Davis <council.davis@capecanaveral.gov>; Kay Jackson <k.jackson@capecanaveral.gov>; Don Willis <d.willis@capecanaveral.gov> Cc: wallewelt@maidesignbuild.com; Debbie Knight <dknight@cocoabeachsurf.com>; Connor Ford <c.ford@capecanaveral.gov>; Dave Menzel <dmenzel@maidesignbuild.com>; Debbie Knight <dknight@cocoabeachsurf.c om>; Anthony Garganese <agarganese@orlandolaw.net>; Tamsin Bell <t.bell@capecanaveral.gov>; Adam Baugher <abaugher@cocoabeachsurf.com>; Eric Robart <erobart@cocoabeachsurf.com>; Bob Baugher <bbaugher@cocoabeachsurf.com> Subject: RE: B&B Sub-division & proposed Ordinance 2025-03 _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@capecanaveral.gov <mailto:phishalert@capecanaveral.gov> _____ Mayor, Council Members and Mr. DeLeo, Please be advised that I represent B & B Enterprises of Cape Canaveral, LLC. Because of the in-process application for Planned Development zoning district, B & B Enterprises of Cape Canaveral, LLC objects to Ordinance 2025-03, due to the impact of the ordinance to Aerial Adventures Redevelopment project. Mr Baugher has set forth the history of the project, and I have attached the DRC comments and official minutes of the DRC meeting. Additionally, as a second objection, there is no evidence to support the change in definition from 24 inches to 18 inches. I will be submitting a public records request for all documents and communications regarding this Ordinance, and request that this Ordinance’s final reading be postponed until we can review the support for this Ordinance. Thank you for your consideration of these objections and this postponement request. Sincerely, Kim Rezanka LACEY REZANKA 6013 Farcenda Place, Suite 101 Melbourne, FL 32940 <mailto:KRezanka@LLR.Law> krezanka@llr.law Office 321.608.0892 From: Bob Baugher <bbaugher@cocoabeachsurf.com <mailto:bbaugher@cocoabeachsurf.com> > Sent: Tuesday, June 17, 2025 1:06 PM To: 'Tamsin Bell' <t.bell@capecanaveral.gov <mailto:t.bell@capecanaveral.gov> > Cc: wallewelt@maidesignbuild.com <mailto:wallewelt@maidesignbuild.com> ; Kim Rezanka <krezanka@LLR.Law <mailto:krezanka@LLR.Law> >; Debbie Knight <dknight@cocoabeachsurf.com <mailto:dknight@cocoabeac hsurf.com> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; 'c.ford@capecanaveral.gov' <c.ford@capecanaveral.gov <mailto:c.ford@capecanaveral.gov> >; Dave Menzel <dmenzel@maidesignbuild.com <mailto:dmenzel@maidesignbuild.com> >; Debbie Knight <dknight@cocoabeachsurf.com <mailto:dknight@cocoabeachsurf.com> >; Adam Baugher <abaugher@cocoabeachsu rf.com <mailto:abaugher@cocoabeachsurf.com> >; Eric Robart <erobart@cocoabeachsurf.com <mailto:erobart@cocoabeachsurf.com> > Subject: RE: B&B Sub-division Step #2 Submittal Tamsin: Thank you for getting us the fee amount, we will submit a check today. We started this process in December of 2024 with a meeting with the city manager who referred us to what he considered the appropriate city staff. We had meetings with Brianna Soat and Renee Yother, and they emailed us a package that outlined the process. On that same email they also copied Connor Ford who helped us move this application forward after the departure of Brianna Soat from city employment. Your comment in your email below in the second paragraph is concerning because the whole PD process was established by the city employees who were in your position and they established the process that we moved forward on. This was done through numerous meetings, emails and phone calls. I have attached the process that was given to us in this email above. We discussed the fact that we were combining two different zoned properties and discussed whether we should include mixed use or not. We also stated that we could add mixed use along A1A if the city wanted it. It was established by the city as the path for this development and steps we needed to take, see attachment above. Code does not change with change of employees at the city, nor the process. You made this statement in your email: “The Development Review Committee meeting for this project occurred before my tenure. To protect your time and resources, I would like to take the necessary steps to confirm that your submittal qualifies as a Planned Development under Article XI of our zoning Code. I have a meeting with the City’s attorney this afternoon. My goal is to seek clarification on whether residential use is compatible with surrounding uses or if mixed-use additions need to be considered as part of the plan.” With regards to your above statement - We have already committed and funded significant monies to get to this point. So when we learned that the city moved forward with a new tree ordinance that was developed during the time period of our project discussions, submissions and DRC meetings, we called our contact at the city, Connor Ford, and told him we wanted clarification of our standing. He called Dave Menzel back yesterday and said that he was told by the city attorney that we had no standing and were operating under the new code. Today we pushed the city for a fee amount with our continuing application and the response we got was your email that said here is the application and fee but I want to save you money so let me check if you are following the right process. In my opinion, my standing in the process is determined under the laws of the State of Florida not city code. I believe the city is on a slippery slope and I believe we have standing. I believe we are working in an area of state law that is very well established by the courts. All this being said, we have been part of the City of Cape Canaveral for over 35 years, we are the biggest tax payers in the city, our projects are usually done to the highest standards above code. So want to work with the city and not fight. I suggest we set up a meeting with all interested parties and try to reach an agreement on the timing, process, and standing before we waste anymore time and resources. We would like to understand how this new city code came about and the timing of this code. Please consider this an official information request for anything that is related to this new code including but not limited to the following: all internal correspondence, emails, notes, hearings, text, letters, between employees, board members, citizens, elected officials. __________________________ Bob Baugher President Baugher Hotel Group, Inc. Cocoa Beach Surf Company Radisson Resort at the Port Four Points by Sheraton 2210 South Atlantic Avenue Cocoa Beach, FL 32931 (321) 784-2318 From: Tamsin Bell [mailto:t.bell@capecanaveral.gov] Sent: Tuesday, June 17, 2025 10:23 AM To: Connor Ford; dmenzel@maidesignbuild.com <mailto:dmenzel@maidesignbuild.com> Cc: Bob Baugher; wallewelt@maidesignbuild.com <mailto:wallewelt@maidesignbuild.com> Subject: RE: B&B Sub-division Step #2 Submittal Hi Dave, Thank you for your submission. The fee associated with the Land Use Plan Application is $750.00. This reflects reviews of similar application types in our <https://link.edgepilot.com/s/61c3b7c9/ReKc sHQmJ0yQfu016xa0QA?u=https://library.municode.com/fl/cape_canaveral/codes/code_of_ordinances?nodeId=APXBSCFE> Schedule of Fees, such as a Level II residential community appearance review. Please provide two (2) printed copies of the plan sets for our records. We haven’t had the pleasure of meeting yet. I am the new Director of Community and Economic Development. The Development Review Committee meeting for this project occurred before my tenure. To protect your time and resources, I would like to take the necessary steps to confirm that your submittal qualifies as a Planned Development under <https://link.edgepilot.com/s/2ccd1410/U C1us9GSDUm0MLA59w6tpA?u=https://library.municode.com/fl/cape_canaveral/codes/code_of_ordinances?nodeId=SPBLADECO_CH110ZO_ARTXIPLDE> Article XI of our zoning Code. I have a meeting with the City’s attorney this afternoon. My goal is to seek clarification on whether residential use is compatible with surrounding uses or if mixed-use additions need to be considered as part of the plan. Regarding <https://link.edgepilot.com/s/2dd09450/3XRw35UxWUihlPUshRURcQ?u=https://library.municode.com/fl/cape_canaveral/codes/code_of_ordinances?nodeId=SPBLADECO_CH102VE_ARTIITRPR_DIV2LACL> land clearing and tree protection, please note that the application for land clearing is submitted at the time of site plan review, by <https://link.edgepilot.com/s/8cf5dee7/bKgzEWfUgE60l4E68XgA-w? u=https://library.municode.com/fl/cape_canaveral/codes/code_of_ordinances?nodeId=SPBLADECO_CH102VE_ARTIITRPR_DIV2LACL_S102-39PE> Section 102-39(c). As a result, this project would not be considered "grandfathered" under the City’s ordinances. The tree ordinance does not currently include a grandfather clause. The public is welcome to provide comments at the City Council Meeting tonight at 6:00 PM for the second reading. Please don't hesitate to reach out if you have any questions or need further clarification. Tamsin Bell Community and Economic Development Director <https://link.edgepilot.com/s/b0f46a6d/G61Rs_JZxkuAwK29r7nEuw?u=http://www.cityofcapecanaveral.org/> City of Cape Canaveral (321) 868-1220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 From: David Menzel <dmenzel@maidesignbuild.com <mailto:dmenzel@maidesignbuild.com> > Sent: Monday, June 16, 2025 5:03:08 PM To: Connor Ford <c.ford@capecanaveral.gov <mailto:c.ford@capecanaveral.gov> > Cc: 'Bob Baugher' <bbaugher@cocoabeachsurf.com <mailto:bbaugher@cocoabeachsurf.com> >; wallewelt@maidesignbuild.com <mailto:wallewelt@maidesignbuild.com> <wallewelt@maidesignbuild.com <mailto:wallewelt@maidesignbuild.com> > Subject: FW: B&B Sub-division Step #2 Submittal _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@capecanaveral.gov <mailto:phishalert@capecanaveral.gov> _____ Connor, Attached is what we are submitting for Step#2, Planned Development Land Use Plan. The next email will include the traffic study that did not fit in this email. How many copies of plans do you require. I can deliver to you tomorrow. Thanks, Dave David T. Menzel, PE,CGC,TI President 395 Stan Drive, Suite B Melbourne, FL 32904 321-863-2809 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. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. 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. 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