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HomeMy WebLinkAboutPacket 03-16-2010 Regularity of Cape Canaveral CALL'ro ORDER: PLEDGE OF ALLEGIANCE: IMIM I PRESENTATIONS: 7:00p.m. — 7-10p.m. Certificate of Appreciation — Riichiard and Melanie Evans Brevard Cour hieriff s Office — Deputies of the Month/Canaveral Precinct BOARD INTERVIEW: 7:10 p.m. -- 7:15 pm. Recreation! Board — Chris Hale REPORTS: BE Business & Cultural Development Board Report 1.05 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaverad.org - email: ccapecariaveral@cfl.rr.com City of Cape Canaveral, Florida March 16, 2010 Page 2 of 3 ........... Me IF Mom- 111W -A Council may schedule such items as regular agenda items and act upon thern in the future. Approve Resolution No. 2010-04; Appointing! a Second Alternate Memb-M to the Recreation Boardi 2. Approve Special Alcohol Exemption Permit for American Legion Post #348 Annual Picnic, Manatee Sanctuary Park March 20, 20,10. 3 Approve Fee Waiver and Special Alcohol Exemption Permit for Friday Fest, April 1111:3 "fill NIS] ! go 5. Review and Approve Proposed Project Schedule regarding Preparati and Events for City Manager Finalist Interviews. I I i, Review and Approve Change in Solid Waste Pick Up Schedule — Waste Pro USA, Contractor. 7. Ridgewood Avenue Improvements Project: (a) Northward extension of Project toward Ocean Woods. (b) Change Order # 1. & Review and Approve Citizen's Request to Repair Deteriorated Trusses and Roof at Neighboring Quad-plex Unit, Address 8740 Croton Court, Ocean Woods subdivision. 4 i Review and Approve Removal'of a Specimen Tree, at 402 Jackson Avenue. 4.9 Rival City of Cape Canaveral, Florida March 16, 2010 Page 3 of 3 11. Motion to Adopt: Ordinance No. 03-2010, Amending Chapter 98, Subdivisions, of the Cape Canaveral Code of Ordinances related to Plats; Amending and Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Ordinances and Resolutions; Incorporation into the Code; Severability; and an effective date, at second reading. REPORTS: 0 p.m. llllf— I O�*00 pm. 0900�� Pursuant to Section 286.010 5, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered 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 allowwedl by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting, 0 a x o�aF A 6w O � W � ZOw 0 a x e CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOAR© OR COMMITTEE PUMUPM to Section 2471, Carpe CalmMMI Gbde City Code requires prospective aril existing board members to fig out an application. City Code also prohibits a person from serving on a City hoard or Committee if that person has been convicted of a t'elony, runless their cavi rights have been res8ored. P{esse compkft the tbkw irrg in the space provided: A. GENERAL 1. Applic w t Name: 2. Hoare Address: _ v- an - I % - F CC. rL- 3 2-t -0 3. Home Teleplmne: 7 4 0cCt"Hon: ��c tct r �J✓'✓ � S. Rashness Teiep mm: ii%,r' 6. Business Address: Stir 1 t Q CR {' — l ave B. ELICi8ILITY The wdb m bm pmvided in this section is for purposes of debem4ning vthether you are eligible to serve on a City advisory board of corrrrrrit m. 1. Are you duly regisbmwl to vote in &evard County? 2. Have you been a resident of the City of Cape Canaveral for 12 axro dhs or kxVer? 3a. Have you ever been convlcded or found guilty, rAgm less of adjcdicatiorr, of a felony in any jurisd`ation? Any plea of nolo eordende a (no c onb%Q sha n be considered a oom tion far purposes of this question. 3b. If yes to 3a, have your cM1 rights been remorad? Oar. Do you prem* serve on any other City of Cape Canaveral adduxy board or committee? 4b. If yes to 4a, please list each: m—c X S. City ordinance requires tot all persons applying for a City advisory board or comittee must voluntarily consent to a standard cdminal badWound check before being C'�t appointed to a board or c Dmrrrittee. Do you vdiuntaffly initials consent to having a standard background check performed on you by the City of Cape CarraveM? (Y)_�L (N) ea. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) —�(- 6b. if yes to Ba, please Provide name(s) of person(s) and relationship to you: 1. 2. B"y mate any prigqr in se on a^n�y gove vnentai board or commutes: 3. Phase list any specialized skills and training (e.g., a0 tec% erWhww, general oontrac tor, etc.) that you feel help to qualify you for membership on the desired board or comr fNee: 4. In numerical sequence (1 = most lniwesi4, please rank which advisory board or committee on which you wish to serge: a. b. Board of A tmenr 0. Business and Cultural Development Board d. Coda Enfo"maw t Board* e. Community Appearance Board' f. Const cation Board of A*mtrnent and Appeals* g. Library Board h. Diann" and Zoning Bowel* I. Recreation Board j. Other. *Mwnbers of these boasts an requlnrd to compAge and 17i a with (fie Sgwrvhw of Ekcaaw a RnarxW Dodbaw Form upon apporrtfinerrf to said Dowd anti pAw to July 7 of am* year fofowffq the irsW appoftrow t wh#e sW a nxwaWrofm d board. D STATE REPORTING RE(.UIIREMENTS. Section 760.84, Florida Skftdes, requires that the City anrwaily subr d a report to the Secreta y of Stere disclosing race, ge ler and pig" al disaMms of board and convrMee members. Please check the appropriate boxes: RACE R Afirican-An xxk.an Male AsignAmerican Female Hi$panstWmerican Not Known Native Americana Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UMER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED Ii N IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXWENCE OF THE CODE OF ETHICS FOR PUBUC OFFICERS PEC'BONS 112314-.328, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW- LSECiION 286011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED IT IS YOUR SOLE OBLIGATION AND DUTYTO C014PLY WITH SUCH LAWS. • lnitial appointment to any City board is subjW to City Council approval" wing a brief interview bakw a the City Cound at a regularly soled reeling. • Yaw amort wit remain elfecdve far one yearfram the date of caontpk6on. • If Y'Ou should have any questk" reOa dkV the completion of this application, please contact the City park's OIIito at W,8"7 S%pathre: Date. Please return to: Ci[y of Cape Canaveral Office of the City Cleric 145 Polk Avenue Cape Canaveral, Fiodda 32924 Use Orly. Date Appointed: byi Appointed to. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/16/2010 Item No. Subject: Approve Resolution No. 2010-04; Appointing a Second Alternate Member to the Recreation Board (C. Hale). Department: Legislative Summary: At the Recreation Board Meeting on January 26th, the Recreation Board voted unanimously to approve Chris Hale as the Second Alternate on the Recreation Board. Mr. Hale previously served on the Recreation Board from September 2007 to February 2009. This new term will expire 10-01-2013. Requested Council Action: Approval Financial Impact: NIA Attachments: R1 Supporting Documents Reviewed Draft Res. No. 2010-04; e-mail from R. Lefever to the City Clerk's office; Mr. Hale's application to the Board Submitting Department Head: Date: Approved by City Manager: y ` Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-04 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chris Hale is hereby appointed as an Alternate member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of March, 2010. ATTEST: Mia Goforth, Acting City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Clerks Office From: Robert Lefever [rlefever@cfl.rr.com] Sent: Monday, February 08, 2010 8:27 PM To: clerksoffice@cfl.rr.com Subject: Chris Hale Mia, Please move forward with Chris Hale's position as 2"d alternate on the Recreation Board, as the Board voted unanimously to approve him as the 2"d alternate. I will bring his application to you. Thanks, Robert Lefever Parks & Recreation Director 7300 N. Atlantic Avenue Cape Canaveral, FL. 32920 321.868-1226 rlefever(aD-cfl.rr.com www.cityofcapecanaveral.org City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3116110 Item No. 2 Subject: Alcohol Exemption Permit Department: Parks & Recreation Summary: American Legion Post #348 is requesting a special alcohol exemption permit for their annual picnic to be held at Manatee Park on March 20, 2010. Requested Council Action: Approve permit. Financial Impact: Attachments: ❑ Supporting Documents Reviewed Submitting Department Head: Date: Approved by'City Manager: )" Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Adopted. 811108 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMP`li'ION PERMIT Date: pe -b '57- Zo ► o The applicant is requesting a special exemption permit to allow alcohol at the described event, as per Cape Canaveral Code, Article III, Alcohol Possession & Consumption, Section 6-52 (b), NameofApplicant: IYLiGt cc? �[[r� bc1 _ Title: ' SCLA Organization:Awl Zv=, ck, Le -j a,� vyf 'x it Address: ' to V ` A hV --a.. E -Mai[: t"pL'✓iLri6�+t �Uy\ l�rX. e- Telephone: 3-1-1 — 7 q 1�) —10 & 0 FAX: Local Contact: Type of Event: A / it/u.— . P; e— ry ` e-- Title: Location(s): Date(s): j Time(s): PERMIT FEES: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the particular request as required by the City of Cape Canaveral. App] I:OIt OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Signature: Date Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 folk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: - '(321) 868-1224 Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) 1 of 1 8/27/2009 9:34 A City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/16/2010 Item No. 3 Subject: Review and Approve 2010 ocean lifeguard agreement for $18,721.00. There was no increase in the contract & the level of service remains the same as 2009. Services commence on March 27, 2010 & terminate on October 31, 2010. Department: Parks & Recreation Summary: Services include Tyler Avenue within a portion of the beach 100 yards north & south of the tower location. The tower will staff (2) lifeguards, (1) on foot patrol & (1) in the tower. Lifeguards will be on duty weekends & holidays from 10:00 am — 5:00 pm commencing March 27, 2010 & terminating on October 31, 2010. Lifeguards will be on duty weekdays from 10:00 am — 5:00 pm commencing May 24, 2010 & terminating on August 6, 2010. Requested Council Action: Approve Agreement. Financial Impact: $18,721.00 Attachments: ✓ Supporting Documents Reviewed Agreement dated 3111'10 Submitting Department Head: Robert Lefever Date: 312110 Approved by City Manager: Date: 3�z�i4 City Council Action: ( ) Approved as Recommended [ j Disapproved [ ] Approved with Modifications [ ) Tabled to Time Certain BREVARCL.o0mi BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Brevard County Fire Rescue Telephone: (321) 633-2056 Timothy J. Mills Fire Rescue Center Fax: (321) 633-2057 1040 S. Florida Ave., Rockledge, FL 32955 TO: CITY OF CAPE CANAVERAL FROM: CARRIE COTTER, SPC A�ROJECTS COORDINATOR II FIRE RESCUE DEPART NT SUBJ: OCEAN LIFEGUARD AGREEMENT DATE: MARCH 1, 2010 Attached please find for execution by the City of Cape Canaveral the Ocean Lifeguard Agreement between the City of Cape Canaveral and the Board of County Commissioners of Brevard County. Upon the City Manager's signature please return the Agreement to me at the following address: Carrie Cotter, Special Projects Coordinator II Brevard County Fire Rescue 1040 S. Florida Avenue Rockledge, FL 32955 If you have any questions, please feel free to contact me at 633-2056. :CC Attachment: A/S PRINTED ON RECYCLED PAPER AGREEMENT THIS AGREEMENT, made and entered into this day of , 201o, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BRLVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.o1(1)(e), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing March 27, 2010 (lo:oo a.m.) and terminating October 31, 2010 (5:00 p.m.). The County hereby agrees to follow USLA (United States Lifesaving Association) guidelines and provide First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing March 27, 2olo (lo:oo a.m.), and terminating October 31, 2010 (5:0o p.m.). 2. PAYMENT: Forthe 2010 services outlined herein, the City shall pay to the County Eighteen Thousand Seven Hundred Twenty One Dollars ($18,721.00). Such payments are payable in five (5) monthly payments of Three Thousand One Hundred Twenty Dollars and Seventeen Cents ($3,120.17) and one (i) payment of Three Thousand One Hundred Twenty Dollars and Fifteen Cents 03,120.15, due on the last day of each month. The first payment is due on April 30, 201o, and the final payment is due on September 30, 2010. The City will receive a monthly invoice from Brevard County Fire Rescue 3o days prior to the due date. Please remit all payments to: Brevard County Fire Rescue, ATTN: Finance, 1040 So. Florida Ave., Rockledge, FL 32955 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and First Responder Certified lifeguard services between the hours of io:oo a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: lifeguards). Tyler Avenue within a portion of the beach loo yards north and south of one (1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (two (2) C. Year 2010, said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 27, 2010 (10:00 a.m.) and ending October 31, 2010 (5:00 p.m.), on the weekdays from 10:0o a.m. until 5:00 p.m. beginning May 24, 2010 at 10:00 a.m., and ending August b, 2010 5:00 p.m. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the County, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement 2 agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. 4. LIABILITY AND INSURANCE: A. Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party, or the other party's officers, employees or agents. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. All records or documents created by the City or provided to the City by the County in connection with the activities or services provided by the County under the terms of this agreement, are public records and the City aggress to comply with any request for such public records or documents made in accordance with section 119.07 Florida Statutes. 3 7. JURISDICTION VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 8. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. 9. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 3o days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 10. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2.77-5 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City by delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 11. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non -jury. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. WITNESSES: By: Z BREVARD COUNTY, FLORIDA Howard Tipton, Coun a ager Reviewed for legal form and co nt: ti 5 CITY OF CAPE CANAVERAL, FLORIDA Angie Apperson, City Manager City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 3/16/10 Item No. 4 Subject: The Parks & Recreation Department is requesting an Alcohol Exemption Permit for the upcoming Friday Fest Family Street Party. The department will apply for a (1) one day alcohol permit from the Division Of Alcohol & Tobacco. Wrist bands will be given to all persons 21 years & older that will be consuming alcohol. Only beer & wine will be sold at the event. Department: Parks & Recreation Summary: The event will take place on Friday, April 2, 2010 from 6:00 pm --10:00 pm at the Recreation Complex, Xenscape Park, Taylor & Poinsetta Avenues. The venue will include live entertainment, food, street vendors & a kids play area. Requested Council Action: Approve permit & waive any & all fees. Financial Impact: $1,000 Generated Revenues Attachments: X Supporting Documents Reviewed Application dated 319/90 Submitting Department Head: Robert Lefever Date: 319110 Approved by City Manager: 4 Date: 31q/1Q City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Adopted: 811108 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL ALCOHOL EXEMPTION PERMIT Date: Z—/O The applicant is requesting a special permit to allow alcohol at the described event, as per Cape Canaveral Code, Article III, Alcohol Possession & Consumption, Section 6-52 (b,). Name of Applicant:��ff 1P-A%eZ Title: /?e G � Organization: Address: /Qcr 164 /! /e . E -Mail: rte k4LIeZe all cam Telephone: nor_- IZ20-� Local Contact: Jag G a f ozolo!/e, Type of Event: x! � Fax: h5r''/Ze7 - - Title: PERMIT FEES: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the request as required bytheCity of Cape Canaveral. ? Applicant FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Date Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For furtherr information, please contact: City of Cape Canaveral Angela Apperson, Acting City Manager 105 Polk Avenue Cape Canaveral, FL. 32920 Phone: 321-868-1230 Fax: 321-868-1224 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/1612010 Item No. Subject: Review and approve proposed project schedule regarding preparation and events for finalist interviews Department: Administration Summary: The proposed project schedule in the contract with Colin Baenziger & Associates calls for the following activities: • April 6th City Council meets to review the semifinalists and select five finalists. • April 16th the City is to hold a reception for the candidates and spouses. • April 17th Council has continental breakfast with the candidates 30 minutes before interviews begin; 40 minute one on one interviews with each candidate; 30 minutes for light lunch; Public interviews to be held immediately after lunch • April 20fh Council selects its next City Manager at the regular meeting. Due to questions raised at a prior Council Meeting Staff would like approval of the attached schedule of events. Requested Council Action: Approve the schedule of events. Financial Impact: Estimated cost for food and refreshments is $250.00 to $300.00 Attachments: Proposed schedule of events and documents from Colin Baenziger & Associates. Submitting Department Head: NIA Date: Approved by Acting City Manager: C" - I� Date: 36 `/%[) City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Suggested Schedule for City Manager Hiring Events April 6th Special Council Meeting at 5:30 (before Regular Meeting) April 16th Reception beginning at 6:00 p.m. at the Library Meeting Room April 17th 8:30 — Continental Breakfast 9:00 — Begin interviews ( 40 minutes per candidate) 12:20 —12:50 Lunch 12:50 — 1:00 Break 1:00 — Begin Workshop Meeting 3:30 — Adjourn Workshop April 20th Selection item is scheduled for the Regular Meeting Agenda Proposed Project Schedule - Cape Canaveral Search IV. Proposed Project Schedule The following outlines a possible schedule for the search if we were to be awarded the contract at the City Council meeting on January 12, 201009. We recognize that the schedule may need to be adjusted depending on the availability of the elected officials. We can also shorten or lengthen the schedule, if the City desires. Phase L Recruiting January 14th: Colin Baenziger begins interviewing elected officials and other suggested stake holders to understand the job and its challenges. Specifically, the purposes of these interviews will be to: 1) get to know the elected officials, 2) understand the issues the next manager will face, 3) understand the elements of the job, 4) develop a description of the ideal candidate, 5) determine the desired compensation, 6) develop selection criteria and 7) finalize the project schedule. Colin Baenziger begins drafting the recruitment profile for publications and prospective candidates. January 19th: CB&A submits the draft of the full recruitment rofile to the City for its review. Comments will be due back by January 25t . January 26th: CB&A posts the full recruitment profile on its website and submits it to the appropriate publications. It is also e-mailed to approximately 5,000 local government professionals. February 26th: Closing date for submission of applications. Phase H.• Screening March 29th: CB&A forwards the semifinalist materials to the City. These will include the candidates' resumes, a summary of our interviews with the candidates, the results of our background and reference checks, and Internednewspaper archives results. Materials arrive on March 30th. April 6th: CB&A meets with City's elected officials individually to review the semifinalists At a brief special meeting, the City Council selects five finalists. SEE Proposed Project Schedule - Cape Canaveral Search Phase III: Interview Process Coordination and Manager Selection April 16th: City holds reception for candidates and spouses April 17th: Elected officials interview candidates. April 20th: City selects its next City Manager at its regular meeting. Phase IV. Negotiation, Warranty & Continuing Assistance Post Selection: if requested, CB&A works with city officials on an employment agreement. Typically this process takes a week to two weeks before a new contract is ratified. C&BA also will stay in touch to ensure the council-manager relationship is a strong one. -14- Preparation and Events for Finalist Interviews The following is a complete list of items that need to be addressed for the finalist interviews. It probably contains more detail than necessary, but we felt it best to Iist as much as possible so nothing is forgotten. Pre -Interview Tasks Notification: Colin Baenziger & Associates (CB&A) will notify the finalists who have been selected to be interviewed. We will also advise the alternate to be prepared in the event one of the finalists withdraws his or her candidacy. Responsible Party: CB&A. Preparatory Material: As soon as the finalists and alternate have been selected, the City should send each of the finalists and the alternate as many of the following materials as are available: the current year budget summary, an organizational chart, the latest certified audit and management letter, any city strategic and long range plans, enabling legislation and other materials that define the role and duties of the City Manager, and any evaluations of the organization completed in the previous twelve months. The City should also try to include other materials, such as housing guides, welcome kits from the Chamber of Commerce, maps of the area, etc. Responsible Party: The City. Candidate Travel: We will ask the candidates to make their own arrangements to get to the City. That will include the purchase their airline tickets, with the cost reimbursed directly by the City after the candidate is interviewed. Responsible Party: CB&A Candidate Lod -zing: We will ask the City make reservations for the candidates at a local hotel and pay the hotel directly (thus avoiding the sales tax). Responsible Party: The City. Interview Tasks City Tour: We highly recommend the City conduct a tour for the candidates and their spouses during the early afternoon on Friday. A van or small bus will be needed, and a knowledgeable staff member should be assigned to conduct the tour so that everyone hears the same information. We suggest the tour start at 1:00 P.M. Responsible Party: The City. Candidates Meet the Staff: Many Iocal governments want the candidates to meet their senior staff, and conversely, the candidates like to meet the staff people with whom they would work. There are several ways to accomplish this. One is a "meet and greet" which normally lasts an hour. Another is to divide the senior staff into groups of three from different departments, such as someone from Public Works, Human Resources, and Parks and Recreation forming a group. The candidates then rotate among the groups, spending 30 to 45 minutes with each group. Normally, meeting the staff occurs just after the city tour. Responsible Party: The City. Realtor's Tour: Many candidates and spouses have questions about residential neighborhoods, schools, medical facilities, and other city amenities. A real estate professional can usually answer those questions. Since the spouses will likely be free during the formal interviews on Saturday, Pagel of 3 © Colin Baenziger & Associates Preparation and Events for Finalist Interviews we suggest they may wish to tour the area with local realtors. We can make the arrangements or the City can. Responsible Party: Either CB&A or the City. Reception: The City will choose a location for the candidate reception, and typically, it is held at a public facility, a local restaurant, a country club, or other suitable location. It can be scheduled to begin at 6:00 P.M. and usually lasts about an hour and a half. The City will need to determine who should be invited. In addition to the elected officials (and their spouses) and the candidates (and their spouses), chairpersons of key committees are often invited, as well as other city officials and local business leaders. With the entire governing body in attendance, the reception must be noticed as a public meeting to avoid violations of public meeting statutes. As an open public event, news media representatives will usually attend, as well as some members of the public. In some cities and counties, the local Chamber of Commerce has sponsored the event and assumed the cost. The reception provides the first opportunity for the elected officials to meet the finalists, and although the event need not be lavish, it should put the city in its best light. We are often asked if alcohol should be served, and that is a matter for the City to determine. Occasionally, it can be revealing to see how candidates react when alcohol is made available. We also recommend the city provide name tags for everyone. Something simple such as the self-adhesive name tags which can be purchased at an office supply store works well. We suggest the candidate name tags be one color while all the other attendees be given name tags of a different color. That makes is easy for the elected officials and the public to identify the candidates. Responsible Party: The City. Interview Morning Breakfast: The City will arrange a light Continental breakfast on the morning of the interviews. Coffee, juice, Danish, and fruit are usually served 30 minutes before the start of the one-on-one interviews. Normally, the candidates eat very little so the City should not plan on a large meal. Responsible Party: The City. One -on -One Interviews: The candidates will rotate between the offices assigned to each of the individual Commission Members at 40 -minute intervals, according to a pre -determined schedule. What works best is if the Commission Members can be arranged in such a way that the candidates rotate one office to the right or to the left to each time. Sample questions will be included in materials which CB&A will provide. A CB&A representative will usher each candidate to the appropriate elected official at the appropriate time and keep the process on schedule. Responsible Party: CB&A and the City. Interview Day Lunch: The City will arrange for a light lunch for the elected officials and the candidates. It is served immediately after the one-on-one interviews. Usually, about 30 minutes are allocated for lunch. Responsible Party: The City. Public Interviews: Public interviews will be held immediately after lunch. The CB&A representative begins with a 5 -minute session to discuss procedures, and will then usher the first candidate to the podium and briefly introduce him or her. The Mayor typically welcomes the candidate and asks to briefly describe his or her background. Each elected official in turn then asks the candidate one or two questions, and any follow-up questions. If time permits, more questions may be asked. Typically, each candidate interview lasts between 15 and 25 minutes because the elected officials asked most of their questions in the morning. While we provide a Page 2 of 3 0 Colin Baenziger & Associates Preparation and Events for Finalist Interviews schedule, we do not rigidly enforce it in the afternoon. We also recommend that staff provide a copy of the sample questions we included in our proposal materials at the elected official's seats. Referring to those sample questions not only gives the elected officials material to work with, but it prevents repetition of questions. Responsible Party: The City with CB&A assistance. Recap and Discussion: At the conclusion of the last interview, the CB&A representative will briefly recap the day's events, and confirm the time, date, and Iocation for the vote on the selected City Manager. Occasionally, elected officials want to discuss the day's events and the candidates. Some elected bodies also want to make the selection of the manager that day. While that can be done, we recommend the elected officials consider what they have learned for at least a day or two before making their selection. Initial impressions are often tempered by two or three days of reflection. Responsible Party: CB&A. If you have any questions, please let us know, and we will be happy to provide answers. Page 3 of 3 O Colin Baenziger & Associates City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/16/2010 Item No. 6, Subject: Review and Approve Change in Solid Waste Pick Up Schedule — Waste Pro USA, Contractor Department: Administrative Summary: Waste Pro's intent is to run Cape Canaveral's routes more efficiently. As routes now stand, a large proportion of the residential work is completed on Mondays, resulting in route inefficiencies the rest of the week. Simply put, we propose to "spread" our work schedule out evenly, Monday through Friday. Because we are not utilizing side arm loaders, Waste Pro can pick up Ocean Woods the same days as the rest of the city — there is absolutely no need or reason to service a subdivision separately, or to have a route only for a particular subdivision. Our plan is to service Cape Canaveral with a classic 2-1-1 schedule, which has been our model for years; two days designated for solid waste, one day designated for yard waste and one day for recycling, A fifth day can be designated for bulk waste/E waste/white goods. This has been our model for success; there is absolutely no reason why it would not fit for Cape Canaveral. There would be communication work on our behalf to the city residents, in regards to service changes. This could be done in two weeks easily, possibly one. I look forward to presenting to City Council our plan of action. Requested Council Action: Approve the revised schedule Financial Impact: Less wear & tear on city street (less route duplication). From a safety standpoint, there would not be any Saturday residential trucks on City streets. Any potential hazards would be removed from children, bikers and runners. Attachments: None Submitting Individual: Platt Loftis, Operation Manager Date: 319110 Approved by Acting City Manager: C �AYFZ49�,— Date: 41161 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ j Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral Cliil Agenda Form W M� ..... . ........ Subject: . Ridgewood Avenue lmprovements Project — Additional Issue Department: Public Works Surnmary:The City of Cape Canaveral (City) continues to move forward with the Ridgewood Avenue Improvements Project, As requested at previous City Council meetings, City staff has investigated a remaining issue to be included in the final scope of work. The discussion will include the extension of the project northward to Ocean Woods (see, attached maps and photo). There are four options: (1) end the project as scheduled just north of East Central Boulevard (no change); (2) replace the existing sidewalk and pavement (put back what is already there with no pedway on the western side of the roadway); (3) replace the existing sidewalk and pavement (put back what is already there (and obtain an easement to construct a pedway along the western side of the roadway); and (4.) adjust the roadway into the right-of-way, construct a new sidewalk, pave the roadway, and construct a pedway along the western side of the street (requires removal of oak trees and filling of a, stormwater swale), City staff is also presenting Change Order No. I for review, comment, and approval, Requested Council Action: City staff requires direction on the possible northward extension of the Ridgewood project (four options), City staff also requests review, comment, and approval of proposed Change Order No. 1. Financial Impact., Decisions are required to establish a final scope of work and filial change order costs for Change Order No. 1. . . . . ...... . Attachments. Supporting Documents Reviewed 1). Attachnient # I - - Documents: Right-of-way 8urveynjap and aerial photos, 2). Attachment #2 - Revised project budget sheet. Submitting Department Head. Date: Approve"y City Manager: Date: � A/ 3 City uncil Action: Approved as Recommended Disapproved Tabled to Time Certain i �, �, .,;� to mmm Lt)0 n ri 0 00 co p traas un m o°a I"m h*� C; 4A 00 It � i CD 0 0 y � 0 Ln � ri 'T Ln 0 toa ca n c� ca 0 CD C ca 0 w o �n � ca 0 o 0 err 0 07 c ," 0 C� Ca 0 CD rvar c c> uR q I a; a a; 0 0 r a' C) LO� ire' � 0 ui Hca c W r� ca e r ry c3 " in a . 0 w r« t4 L4 ua r 0 m co cJ' 00 gin. t/t m, � ux Ln Lr) n V)-:; 12 doi% WCD u 1, I C, to j 1, y � a rq nr o w > on 0) .O = m CL u l7 ZA « ui as a cr �. 0 (1) v r min i,; LLLLi; alow; "; City of Cape Canaveral City Council Agenda Form City Council Meetin Date: March 16, 2010 Item Subject: Consideration of citizen's request to repair deteriorated trusses and roof at neighboring quad -plea unit. Address- 8740 Croton Ct. Department: Code: Enforcement Summary: Due to the unique nature of the problem, a citizen requests that the City take action to repair a residential structure (one unit of a quad-plex). This req star is an adjoining neighbor and is suffering from the effects of a significant roof leak at subject property. Because the quad -plea has a flat roof and parapets, a tarp will not substantially cure the problem (water will leak under a tarp on a flat roof). The subject property has sustained significant structural damage to the roof trusses. At least two trusses must be repaired or replaced. The structure has been posted "Unsafe" and has been foreclosed upon. The bank has not made any attempt to repair, 'The Code Enforcement Board has entered a lien of $250 per day retroactive to 11/19/09. Current amount of lien-, $27,250,00 Requested Council Action: Consider approval and expenditure of funds, Building Official estimates, work to cost approximately $25,000,00. Authorize solicitation of competitive bids. Financial Impact. Approximately $25,000,00 Attachments: n Supporting Documents, Reviewed Letter of request from affected neighbor. Staff summary. Photo of damaged truss and roof deck. Submitting Department Head: Todd Morley Date: March 8, 2010 Approved by ity Manager: Date: it Countil Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain 'Cape Canaveral City Council 105 Polk Ave. 41 Cape Canaveral, FL 32920 I am writing you today in regards to an ongoing issue I have with a neighboring property. My husband and I own 8734 Croton Court, a quad townhouse in the Ocean Woods subdivision. The neighboring property is located at 8740 Croton Court and is attached to ours via a common wall., Additionally, for reference the roofs are the responsibility of the owner not the Ocean Woods HOA. The property has been abandoned for nearly 2 years and has gone through foreclosure. The mortgage holder, Chase Financial purchased the property back in October 2009. After the foreclosure, the bank allowed Todd Morley, Building: Officlaiil and Duree Alexander, Code Enforcement Officer to enter the premises for inspection purposes. They spoke with us at that time and asked if we had any problems with our property as the roof had a large hole in it. They salid to contact them if we noticed anything unusual. On December3rd of last year after a severe rainstorm I noticed that there was wet drywall in my living room as well as water leaking in through the base molding. We contacted Duree Alexander and she came out and evaluated the situation and contacted Chase's attorney. We then flied a! claim with Citizens, our property insurer. Their Claims inspector agreed that the water entering our, property is from the damaged roof next door. They did approve the claim but cautioned us not to have the repairs done until the roof is fixed. All attempts by us to contact Chase as to when they will be repairing the roof have gone unanswered. They also have not answered Citizens request for insurance information for subrogation, of the claimi. Adding to our frustration is the fact that the insurance company has notified us that they may or may not approve any further claims for water damage and: if the mold spreads into our structure that condition is not covered. We have been forcedto retain an attorney to protect our investment as well'as our home and health. Thank you in advance for any consideration of assistance to end th:is nightmare. Please contact me should you need any further information. My telephone number is (321) 271-1154 or ema;il rharreH corn. Sincerely, I 8740 Croton Court, Cape Canaveral, Fl 32920_ Unsafe Structure, located in Ocean Woods (Part of Quad Unit) Having adverse effect on adjoining units, specifically 8734 Croton Court and 8738 Croton Court. Staff Summary -Duree Alexander • 8/06108 initial complaint regarding condition of property from adjoining neighbor. • 8107108 Staff visits site. View from exterior reveals broken windows, trash/debris, and partial drywall ceiling collapse indicating water damage. Staff notes concerns regarding evident roof leak. • 8/28/08 Staff posts property "Restricted" and contacts additional adjoining neighbors. Staff begins attempts to access unit for full damage assessment inspection. • 3123109 Lien filed with Brevard County Clerk of Court against current property owner Robert B. Muckenfuss; from January 22, 2009 at $100.00 first day of non- compliance, $75.00 everyday thereafter until found in compliance. Owner has not responded to multiple requests for access. • 8/03/09 Staff learns that property in foreclosure. • 10/20/09 Correspondence with new owner (Chase Home Finance, LLC) regarding condition of structure; staff requests access into unit. • 11/19/09 Code Enforcement Board finds Chase in violation. Given until 12/17/09 to correct violations. • 11/20/09 Building Official and Code Enforcement Officer granted access by Chase to inspect unit; Staff posts" Unsafe" due to the deteriorated condition of the exposed trusses (roof leak confirmed) and the condition of roof. • 11/23/09 Correspondence sent to Chase regarding the inspection and possible additional liens. • 12/10/09 Unsafe Structure Notice filed with Brevard County Clerk of Courts. • 12/17/09 Code Enforcement Board Hearing ordering lien to be filed against Chase in the amount of $250.00 per day, beginning 11/19109. • 2125108 Adjoining neighbor submits request for City action to cure violations. Although staff has sent additional correspondence to Chase and has made several phone calls, no attempt has been made to correct violations. City of Cape Canaveral City Council Agenda Form, 111iffiFFM"Wr"'i XWEA", Subject: Consideration to Authorize the Removal of a Specimen Tree at 402 Jackson Ave. Department: Building Summary: The City of Cape Canaveral"Tree Protection Code requires City Council approval for the removal of any healthy specimen tree. The tree (a Gumbo Limbo) is on a property line and is therefore jointly owned. The adjoining property owner has consented to the removal of the tree. The tree is located under utility lines and has recently been trimmed so as to not interfere with these lines. This maintenance will continue as long as the tree remains healthy. The location prohibits the placement of a desired fence on the property line. The tree does not appear to meet the exception requirements of Sec, 102-40(B), Requested Council Action: Approval. Mitigation will be required. -Ti-n-anciii Impact: No impact. Attachments: o Supporting Documents Reviewed Excerpts from City Code Chapter 102 Tree Protection. Tree removal permit application Property survey sho,wing location of tree. Arborist's report. %but'gree. itg Department Head: Todd Morley Date: March 5, 2.010 App D�ate: roved by Acting City Manager: City Council Action: lApproved as Recommended Disapproved Approved with Modifications Tabled toTime Certain Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multistemmed tree, measured four and one-half feet above natural or finish grade. Sec. 102-40. Permit criteria; exemptions; standards of review. (b) Permit exceptions The following tree removal activities are exempt from the permit r requirements of this division: (1) Trees removed by the city or other governmental agency and which interfere with the safety of the motoring public or disrupt public utilities such as power lines, drainage systems and other public utilities. (2) All trees and plants, within a licensed tree nursery, planted for harvest provided said trees and plants are planted and growing on the premises of the licensee and are for sale or intended for sale in their ordinary course of business. (3) The emergency removal of a dead or seriously damaged tree, to mitigate an imminent threat to the health, safety, and welfare ofthe property owner or the general public. Prior to an emergmey emergencyremoval the ro a owner shall be re aired to document the immediate threat rNuiring emergencyemerggngy removal with the following: (Al Photo ahs of the trees including an areas that mgy be damaged diseased or infested,• BM ADProximate measurements of the tree height, s read and DBH• and Distance to stricture(s) or other immovable threatened tar et s if City of Cape Canaveral Ordinance No. I2-2009 Page 4 of 10 felled. (4) Land clearing and tree removal activities authorized and preempted by state or federal law. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidencing that: (i) the property is requested as a silvicultural site with the division of forestry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. LL The removal of an plant or tree that is an invasive or undesirable s ecies as set forth in section 102-53. (a The removal of vegetation that has been ordered by the City, Land clearing and tree removal on parcels containing an existing residential single-family dwelling unit or du lex or triplex that have been issued a certificate of occupancy. These parcels shall remain subject to the provisions of sections 10241 ' and 102-45 of this code. (. An parcel subject to a cily development order authorizing the construction of a new residential single-family dwelling unit du Iex or triplex, or a subdivision withthree (3) or less sin le -family dwelling units. These parcels shall remain subject to the provisions of sections 102-41 and 102-45 of this code. �_ Land clearing and tree removal on undeveloped parcels in the R-1 R-2 and R-3 zonin districts that are less than 10,000 square feet. These parcels shall remain subject to the provisions of sections 102-41 and 102-45 of this code. r. . rij PI M i or • i r i I • ► • • i' + ■■ i [. r.■ ill ■ • 1 MM ■ T ■ 1 • - • 1 1■ f 1�1 \ 1 ' •01 • R�1 •7 • •1 City of Cape Canaveral Ordinance No. 12-2009 Page 5 of 10 Dae Z [ c "� CITY OF CAPE CANAVERAL Tracking # �� - d3�7 Y PERMIT APPLICATION Permit # FOR THE REMOVAL OF TREES Authority: City of Cape Canaveral Code of Ordinances Sec. 102-37(e) (321) 868-1222 City of Cape Canaveral Building Department 7510 N. Atlantic Ave. Cape Canaveral, FL 32920 You may download this application: www.cityofcapecanaveral.org You may fax to: (321) 868-1247. Important: Please complete the checklist on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete. APPLICANT WILL BE CALLED WREN PERMIT IS READY. (Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. I.D. may be required) Address of Job Site: U ,, -J INII Legal description of property! TWN: -� RNG: SEC: SUBD: Property Owner Name:+ A s Ighon : g :67 dress: Contractor Name: Name- of Company: A rl rlresG: . V State License No.: Phone (office): Phone (cell/pager.): PB: PG: _ 3;,_> A0 L Fax: Please check all that apply (proof may be required). Of the tree(s) to be removed, are all the trees: dead? diseased? suffering from severe structural defects? asing a clear and obvious safety hazard? Please clarify the reason tree(s) must be removed: Do you plan to relocate the tree(s) or re -plant new tree(s)? Please describe: 60 C ' G Notes: d.b.h. is diameter at breast height (4'/z feet above grade) Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24" or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. �f Type of Residential Quantity of Of the trees planned for removal, Sum total dbh of all inches Valuation of Building built or proposed protected/native how many have caliper of all protected/native tree removal on the property trees over 3" dbh measurement of 24" or larger? trees to be removed work Record will be kept on file after initial submittal to be removed For removal of specimen or historic trees Single Family Residence $ Townhome Apartment cl Other (specify) Permit Application Checklist Notes Com leted Permit ARplication A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping Contractor's State License Record will be kept on file after initial submittal Current Worker's Comp. Policy I Exemption Record will be kept on file after initial submittal City Council Ap proval if needed - please attach a royal minutes For removal of specimen or historic trees Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of th ontractorn or the Owner and has the authority to apply for this pennit. ci9—Sq1__ 0 Applicant's Name. 9,Applicant's Signature: . Date: qb—A C� Notary use only: In the State of Florida, County of Brevard sworn and subscribed before me this 2 day of N(4rC. k , 201 by • Printed name of Applicantw o produced identification: is personally known to me. Seal - _403"t Aye` Notary Public State of Florida ;p Joy Lombardi c` My Commission DD688486 * ''lop �o`� Expires 03x0312011 G:%Bldg.nept.ForrrMl3P Appl. Removal of Trees (3 D.U.) Signature - Notary Public At large This form may be duplicated. or SKETCH OF.-SU'RVEY" C LOT 2 POWER POLE BOCK 28 BLOCK 28 ri ® PROPERTY CORNER io SET 'F' IER r � ' x.80, p�. S 89"59'57" W l9r SET NAI! LOT 9 BLOCK 28 w .• p � 13.3' "` � f� C' J 26.1 ' mC) 5.5' S.5' CQ A/C ASC ,-I r�-i W x c? El Ij LWO ` x z, to .z z Lei Lo 0 " f o z• o 'z- rrs 0 `) 0 t2 A/C ' CD �` A/C o W • o 12.8' 26.1 26.1' 0.6' ko a cc C,4; N CY N . . , ASPHALT PARKING EAST 99.88' M sir N/D 100-00, p FD DRILL HOLD 48' R/W CL JACKSON AVENUE LEGEND: a. ELEVATION SHOT= SURVEY SYMBOLS A/C a AIR ora wE?tallo FLAGS t = MORE OR LESS .COMDR AKA ALSO KNOWNN AS AS —N� R DRAINAGE FLOW U.E. - UTILITY EASEMENT p s POWER POS ALUM =ALUMINUM ESMT =EASEMENT D. I- =DRAINAGE EASEMENT j m GUY WIRE RE AVE a AVENUE ELEV - ELEVATION P.U.E. - PVBUC UTILITY -EASEMENT L s ARC LENGTH C SLK = -BLOCK � R intra FLOOR P.U. & D.. EASEMENT PUUBLIC�UTILITY ^� � �ANDrDRAINAGE = R = RADIUS - A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas .� TREE HAZARD E .ALUATION , oRm 2nd EdifiDi Site/Address: ` cJ�e / Y I HAZARD RATING: .S `/Z MaplLocation: Owner: public private r unknown other _ Gate: �' �" ID Inspfec or: r7 e� ✓� e f� v f ' f/�f Date of iast inspection: �C,{ TREE CHARACTERISTICS Tree ;#: Species: r t Failure + Size + Target = Hazard Potential of part Rating Rating Immediate action needed Needs further inspection Dead tree DBH: 3'�f ' # oftrunks; �nul�f Height: 30 Spread: ��7`�/ s�' .nu%74i'- Sfe•hs = �?g "d bt, Form: t_ generally symmetric C minor asymmetry iC major asymmetry tump sprout i❑ stag -headed Crown class: ❑ dominant Ck"6-dominant ❑ intermediate ❑ suppressed Live crown ratio: 66 % Age class: ❑ young _ sa-mature ;L matura ❑ aver-matur enescent Pruning history: ❑ crown cclleann excessively thinned toeeed It crown raised ❑ pollarded l- own reduced ❑ flush cuts r cabled/braced ❑none LYmultipie pruning events Approx. da;as: U4 Qty Special Value: ❑ specimen ❑ heritage/historic ❑ wildlife C unusual ❑ street tree ❑ screen ❑ shade C indigenous Vprotected by gov. agen TREE HEALTH Foliage color. normal ❑chlorotic ❑necrotic Epicarmics? & N Growth obstructions: Foliage density: ❑ normal ❑ sparse eat size: normal ❑ small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excelient average ❑ poor Twig Dieback? Y ❑ cu /pavement ❑ guards Woundwood development: ❑ e ellent i� average ' ❑ poor ❑ none El Pocov r l t n ej y Vigor class: ❑ excellent average ❑ fair C poor // uoolerreef-ovA v Major pests/diseases: di IP'ne o eelo.�, �'�� SITE CONDITION (3wkWr COmp c�rriryc� a , +a Site Character residence ❑ commercial G incusirial park ❑ ;open�ce El natural EJwoodfandlforest Landscape type: E]parkw ❑ raised bed E) container ❑ mound awn ❑ shrub border C .vied break - �rrigatia—n:-w-�", noneadeq ate C inadequate C excessive ❑ trunk wettled — — Recent site disturbance? Y ! ❑ construction ❑ soil oisturbance ❑ grade change ❑ line clearing = site clearing • dripline paved: 0°a 10-25% 25-50°'Q 50-75% 75-100% Pavement lifted?• N dripline w/ fill soil 090 10-25'e 25-50% 50-75% 75-100% • dripline grade lowered:. 0°a 10-25% 25-50% 50-750/co /7�-100% Soil problems: ED drainage ❑ shallow ❑ compacted 2-droughty�iine saC�'alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history of it - ❑ clay - ❑ expansive ..- slope .. aspect: ---- - ---- -- - ._ .....-- - - -- -- Ohsiructians: ❑lights ❑signage ❑line of-sightZbove iew overhead lines underground utilities ❑traffic El adjacent veg. Exposure to wind: El single tree E) below canopy canopy ❑ recently7'nev(r ed 11 windward, canopy edge ❑ area prone to windt ow Prevailing wind direction: C.c �� Occurrence of snowAce storms ❑ seldom ❑ regularly TARGET Use Linder Tree: ER(buiiding ❑parkingtraffic LJ pedestrian Cl/recreation ]l2'landscape ❑ hardscape ❑ small features utility lines Can target he moved? Y N Can use he restricted? Y t N� Occupancy: ] occasional use ❑ intermittent use ❑ frequent use p1Eonstant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOTDEFECTS• Suspect root rot: Y No Mzrnoderate mlconk/bracket present: Y N 1D: Exposed roats: ❑ severe ❑low Undermined: severe [:-moderate ❑ low Root pruned: distance from trunk Hoot are affected: d % Buttress wounded: Y When: Restricted root area: ❑ severe ❑ zdaturar a L.9ow Potential for root failure: ❑ severe I—)moderateow LEAN. �"' deg. from vertical ❑ unnatural ❑ self -corrected Sail heaving:`1 N ' Decay in plane of lean: Y N Roots hrolcen Y fel Soil cracking: Y0 N � �� f 0& I've YJ �� S Compounding factors. ctI'e- oaC4,in Lean severity: C;severe ❑ moderate Evow CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper Bow, sweep Codominantsiforks Multiple attachments Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Decav Cavity Conks/mush room sib racket Bleeding/sap flow Loose/cracked bark Nesting holelbee hive Deadwood/stubs Borers/termites/ants Cankers/galls/burls Previous failure HAZARD RATING Tree part most likely to fail; Failure potential: t - low; 2 - medium; 3 - high; 4 - severe lnspection'peripd: annual biannual other part: 1 <6" f 15 cm): 2 =-6-18" (15-45 cm): - . a�iur.= Potential + Size of Part +Target Rating = Haza�$ating 3 -18-30" (45-75 cm); 4 - AT (75 cm) rating: 1 - occasional use; 2 intermittent use; + + = OV 3 - frequent use; 4 - constant use - HAZARD ABATEMENT Prune: ❑ remove defective'part Cl reduce end weight ❑ crown clean ❑ thin ❑ raise canopy ❑ crown reduce ❑ restructure ❑ shape ..CablelBrace: Inspect further. ❑ root crown ❑ decay ❑ aerial ❑ monitor Remove tree: Y N es: ;Reeplaacc ? (2>N Move target: Y N Other. Effect on adjacent trenone ❑ e�Ie Notification: ❑ owner ❑ manager i� overnin • J ^ �b`d g g g agency Date. COMMENTS [ Fisc i r e- e— t f 0, q Du ret ?U�SI��'I��' S%J e -d t�5 Ck MOLit, 4 rr��eily , in biz l !r�" !� . (b))r {J7rn i �� � rr cin 7 I r A,4pik V h u, !`gym 1� RUi5 F-1 a7d`I� 1/50 lrr or,//"M, City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/1612010 Item No. Subject: Process to establish a Community Redevelopment Agency Department: Community Development Department Summary: The Business and Cultural Development Board has requested that the City Council move forward with the creation of a Community Redevelopment Agency (CRA). See attached Memo from the Business and Cultural Development Board. Requested Council Action: Direct staff to move forward with the creation of a Community Redevelopment Agency. Financial impact: Not assessed at this time. Attachments: Memo from the Business and Cultural Development Board including attachments. Submitting Department Head: Barry Brown Date:03/09110 Approved by Acting City Manager:e 1N4 ap� Date: 3 jpc9l o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications { ] Tabled to Time Certain Memo To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL From: BUSINESS & CULTURAL DEVELOPMENT BOARD CC, ACTING CITY MANAGER Date: January 15, 2010 Re: CRA RECOMMENDATION The Business & Cultural Development Board at their January 13th meeting unanimously recommended that the City Council move forward with the creation of a CRA for the City of Cape Canaveral and that council authorize staff to prepare a detailed implementation plan, summary of resource requirements, a long-term financial analysis and recommendation on the next steps. Copies of board member Dianne Marcum's and Planning & Development Director Barry Brown's CRA presentations are attached for your review. Respectfully submitted,G cc -t -7--r—' ` f oanne Muncey, Chairperson /kmm Attachments 3 Funding the Future: The Case for a Community Redevelopment Agency in the City of Cape Canaveral Presentation to Cape Canaveral Business & Cultural Development Board Dianne Marcum, Board Member January 13, 2090 CITY CJ1= CAlsE ANAVERAL May 16,1963: City Charter becomes law Rapid growth during building up of space program Transportation infrastructure: Bee Line and Orlando International Airport Walt Disney World catalyst for tourism Post -Apollo wind down Shuttle Program resurgence Port Canaveral growth and diversification Decade of significant real estate boom ending in 2008 Today: Challenges balanced by opportunities May 16, 2013: City will celebrate 50th birthday I I Ongoing .initiatives & Ideas !� Comm+Iniiy B %- Survey Redevelopment Visioning Plan Charter Economic Review development Code Community Review Events City Revenues: A Decade of Growth S Milliana Tafat: Avemge 10,0 - - - L7.2% per Year 9.0 j 8.0 7.0 j 6.0f 01her.Average 5.0 is%per Year f 4.0 3.0 .f--�• -"" �f Ad Valorem; Average 20 i` 262 per Year a 1999 2000 2001 2002 2003 20D4 2005 2006 2007 2008 2 Growth 0 Discretionary Spending Ad Valorem 'faxes 2008 rCape Canaveral taxpayers paid $26.5 million in ad valorem taxes X85% went to Brevard County X15% or $3.3 million remained in the city 5 Police/Sheriff $1,804,800 Fire 1,614,600 Beautification 425,100 - Library 58,500 Note: Numbem rwnded based m 2M rr&ags fate+. How will we fund our future? °Extemal investment F—/ Economic Development °Economic Development & Redevelopment Grants 'General fund ad valorem tax Ospecial assessment °Tourist Development Tax 0Community Redevelopment Agency (CRA) Community Redevelopment Agency (CRA/CRD) Profile o A funding mechanism to stimulate community redevelopment and use public investment to attract private investment $ Authorized by Florida statute; created by each county ■ Governed by Independent board and retains Independent financial funds ® CRA Investment may include: Streetscapes, sidewalks, tree plantings, parks, parking lots and garages, roadway improvements, building construction and renovation, water and sewer improvements, underground utilities ■ Gateway to grants, loans, and technical assistance for business in CRA er Asset in economic development tool box 1. City defines an area with fixed redevelopment boundaries. 2. Property values within CRA boundaries are frozen. $. Incremental county ad valorem taxes from increased property values within the CRA are retained for investment in the distr€ct. CRA: Benchmarks Florida has 178 CRAB Brevard County has a dozen or more Many local CRAs in place 10 years or more Melbourne (2 districts) Cocoa (3 districts) Rockledge (3 districts) West Melbourne Merritt Island Titusville Palm Bay Cocoa Beach Satellite Beach Ll Cape Canaveral CRA: Potential Value Assumptions: :$26.5 million in ad valorem taxes collected in 2008 In Cape Canaveral x$22.5 million pald to Brevard County >$9.0 million for county net or school taxes T-50% of property included in CRA: $4.5 million >7.5% annual growth in property values >Consistent ad valorem rates >60% of upside retained by CRA (negotiated) RECOMMENDATION A', A CRA is a valuable tool for stimulating economic development and external investment in the community. A CRA has the potential to be a key funding mechanism for city redevelopment. City Council should authorize staff to prepare detailed implementation plan, summary of resource requirements, a long-term financial analysis, and recommendation on next steps. i Process to establish a Community Redevelopment Agency (CRA) 1. Adopt the Finding of Necessity - Sec. 163.355 - This will formally identify the blight conditions within the targeted area and establish the area boundary. Prepare blight study. Staff will provide data that supports a finding of blight conditions per Sec. 163.340(8). Section 2 of the 2007 Redevelopment Plan, code enforcement actions, Sheriff s dept. reports can be used as support for the blight study. Establish area boundary. Staff will delineate proposed CRA boundary. Property valuation study, map of potential opportunity sites, and development intensity maps prepared by RPC as well as our map of possible mixed use areas will be used as basis for boundary determination. Adopt a resolution that ado is the Finding of Necessity- This resolution, supported by data and analysis, makes the finding that conditions in the area meet the criteria described in 163.340(7) or (8). City Attorney will draft Resolution. Notice of hearing - the city must provide public notice pursuant to s. 125.66(2) or s. 166.041 and at least 15 days before hearing, mail by registered mail a notice to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area. 2. Creation of a Community Redevelopment Agency - Sec 163.356. Adopt a resolution declaring the need for a community redevelopment agency. This resolution can be part of the resolution adopting the finding of necessity. Optional - Adopt a Resolution requestinq that the County confer powers to the Ci to create a CRA. See Cocoa Beach resolution. Specify which powers the city requesting. Obtain Couniy approval for CRA. Per Section 163.410, municipalities in a home rule charter county must get approval from the County to create a CRA. At its discretion, the County may, by resolution, delegate powers conferred upon the County per Sec. 163, Part III to the municipality. Only the specific powers enumerated in the resolution are conferred to the municipality. The County shall grant in whole or in part or deny any request from a municipality for delegation of powers to create a CRA within 120 days after receipt of all required documentation, or the request shall be deemed granted unless the period is extended by mutual consent. Within 30 days of receiving the request and required documentation, the county shall notify the municipality whether the request is complete or if additional information is required. The County then must notify the municipality within 30 days whether the additional information is complete. Adopt a resolution declaring the City Council itself as the community redevelopment agency. After obtaining County approval, the Council can declare itself the CRA. It may also appoint two additional persons to act as members of the community redevelopment agency. 3. Develop and adopt a Community Redevelopment Plan - Sec. 163.360. Prepare a community redevelopment pian. (See Sec. 163.362 for contents of redevelopment plan). Staff prepares a community redev. plan and forwards to the Land Planning Agency (LPA) for review and recommendations as to its conformity with the comprehensive plan. LPA review. LPA reviews and submits written recommendations to the CRA within 60 days after receipt of plan for review. CRA review. The CRA approves the community redevelopment plan and submits to the City Council and to each taxing authority that levies ad valorem taxes on taxable real property within the geographic boundaries of the redevelopment area. The Council shall then proceed with the hearing on the proposed redev. plan. Public -hearing on redevelopment plan. The City Council shall hold a public hearing on the redevelopment plan after public notice. County review of redevelopment plan. Within 30 days after the receipt of the community redev. plan the County may provide written notice to the City and the CRA that the County has competing goals and plans for the public funds the county would be required to deposit to the CRA trust fund. If County has competing goals and plans for the funds, a joint hearing of the County Commission and the City Council will be held to discuss competing policy goals for the public funds. This hearing must be held within 90 days after the County receives the recommended redevelopment plan. County submit alternative redev. plan. If an alternative redevelopment plan is proposed by the County, the plan shall be delivered to the City Council and CRA at least 30 days prior to the joint meeting. Joint County -City public hearing. County Commission and City Council negotiate terms of the redevelopment plan. Adoption of redevelopment plan., City Council cannot adopt the redev. plan until 30 days after the joint meeting. 4. Create a Redevelopment Trust Fund - Sec. 163.387. - The City Council, by ordinance, shall create a redevelopment trust fund. � % � G � G 2 R + ƒ 2� G Cl) § /RGx dot/ }jk/ #2&) ¥77) \ \ ,tk ƒ kb 2) ClVL) )I )2% \om � 5 ECL CL . +CL ] )f � @ 0 #\0 dot/ }jk/ #2&) ¥77) \ \ ,tk ƒ k, d) 7e $EOE �8 rL \! § 0/ 2) $2 )I )2% k, d) 7e $EOE �8 rL \! § 0/ City of Cape Canaveral City Council Agenda Form City Council Meeting Date; 311612010 Item No. Subject: Motion to Adopt: Ordinance No. 03-2010, Amending Chapter 98, Subdivisions, of the Cape Canaveral Code of Ordinances related to Plats; Amending and Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval; Providing a Procedure for Review and Consideration of Lot Splits; Providing for the Repeal of Prior Ordinances and Resolutions; Incorporation into the Code; Severability; and an effective date, at second reading. Department: Community Development Department Summary: This Ordinance was approved at 1st Reading at the 02-16-10 Regular City Council Meeting and is back for adoption at 2nd reading. Requested Council Action: Adopt Ordinance No. 03-2010 at 2 nd reading Financial Impact: Not known at this time Attachments: Revised Ordinance No. 03-2010 Proof of Publishing Submitting Department Head: Date: Approved by City Manager: CZyX }v\ Date: 3 /a/// // D City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 03-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PLATS; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW AND APPROVAL; PROVIDING A PROCEDURE FOR REVIEW AND CONSIDERATION OF LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to streamline and update the requirements and procedures for consideration and approval of subdivision preliminary and final plats consistent with the requirements of Chapter 177, Florida Statutes; and WHEREAS, the City Council desires to create an abbreviated lot split procedure for the subdivision of one lot into two lots; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotit type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted,by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 03-2010 Page 1 of 18 Chapter 98. SUBDIVISIONS ARTICLE II. PLATS & LOT SPLITS DIVISION 1. GENERALLY Sec. 98-31. Division of land, review and approval required; zoning. Reserved. .(al Any subdivision of land into two(2)-or more parcels shall be subject to the requirements of this article. No owner of real property shall sell, offer to sell„or lease lots or tracts of land from such property without first having divided such property in accordance with the requirements of this article. - Before such lot or tract is divided, the lots or tracts proposed to be divided shall be surveyedby a duly licensed Florida surveyor and approved by the ci , council by 121 or lot split resolution in accordance with the specific applicable provisions of this article and Chapter 177. Florida Statutes. No permit shall be issued for the construction of any building or structure or for an electrical or sewer hookul2 on aLly lot or tract sold in violation of this articleprovided, however, that any such violation can be remedied by complying with the provisions of this article. Additionally, any subdivision or lot split approved pursuant to this article shall in every respect meet the criteria established elsewhere in this article and the Citv Code for the category of zoning and other relevant codes under which the property is zoned. Secs. 98-32-1 — 98-35. Reserved. DIVISION 2. PREAPPLICATION Sec. 98-36. Submittal and review procedures. (a) In order to promote development of land within the municipal boundaries of the City that is harmonious with and otherwise in compliance with the comprehensive plan, surrounding development and all applicable Codes, applicants for site plan plat or lot split approval shall meet with staff in a preapplication conference. , are encouraged to utilize t -, preapplication conferenee and sereening process available to all site plan applicants. The preapplication screening and conferences are intended to assist the applicant in becoming more aware of and, therefore, more likelyto complywith guidelines applicableto the project for which a site plan plat or lot split will be submitted. However, the applicant is cautioned that the preapplication screening process is not intended to be a substitute for the formal]mat or lot split site plan submittal and review procedures. Nor is it expected that the applicant can rely upon conditional approvals received during the preapplication process as binding the City in any manner during subsequent siteplanplat or lot split submittal and review procedures. City of Cape Canaveral Ordinance No. 03-2010 Page 2 of 18 - i rr ILET� IN Ill ■1196,1311141-jr-4rr so pill 114V our -so is= wityLut-i r i "i ■■ MUN ■ i i r: i i ■ i 141 IN • ■ • ■ . • i■i■ ■ i:■■i r ■ ■ • ■ • is • i i i ■ ■III ■ • MAIN ■ ■ r r ■ r■ r ■■ (b c) The applicant will provide five copies preliminary drawings of the proposed plat or lot split sktteii piamto the planning official. The number of copies required to be submitted shall be determined bye planning official. Upon submittal of the copies of the proposed plator lot split. a preapplication conference shall be scheduled building department five dar prior to the preapplication conf�renee. (c d) The proposed plat or lot split flan so provided shall contain a location map showing the relationship of the proposed subdivision to existing and proposed facilities as indicated in the comprehensive plan, and shall contain general information including, but not limited to, the following: (1) General information on the existing site conditions, water management facilities, soil conditions, floodplain data, topography, trees and vegetation, adjacent community facilities, utilities and surrounding property conditions. (2) General description of the proposed development including proposed number of lots, approximate lot width and depth, building size and type. Proposed stages of development, if appropriate, should be shown. (3) in sketch fori A plan showing the proposed pattern of streets, lots and water management facilities in relation to existing natural conditions of the site and its surroundings. Secs. 98-37 -- 98-40. Reserved. DIVISION 3. PRELIMINARY PLAT Sec. 98-41. Information required. The following information shall be provided to the communi , development department: (a) A completed application on a form prescribed by the city manager requesting review City of Cape Canaveral Ordinance No. 03-2010 Page 3 of 18 of the preliminary plat under this Division. The preliminary plat, which shall: LI � Conform to the requirements of Chapter 177,, Florida Statutes, this Code, and any other applicable statutes and regulations, Q Bear the certification of a registered Florida surveyor certifying the accuracX of the plat. Q Be drawn at a uniform scale not smallerthan one (1)inch equals one hundred 100 feet. Indicate the title, scale, north arrow and date on each sheet. M Show, at a minimum the following existing conditions on the lat: Primary control points or descriptions and ties to such control points, to which all dimensions. angles, bearings and similar data on the plat shall be referred. M) Boundary lines (including bearings and distances), lot lines, lot numbers and block number. n Location and description of monuments. Easements, including location, width and purpose. U Location, width, and names of all streets, waterways, or other rights - of way shall be shown, as applicable., O Minimum building; setback lines. Size data including_ total acreage, number of lots typical lot size in acres, parks, public open space, etc. LW Location map showing the site in relation to the existing community, including the name of the development and its location and main traffic arteries. Lc,) Topographic survey showing round elevations of the tract based on a datum plane approved by the City engineer as follows: LD For land that slopes less than approximately_ two percent (2%), show spot City of Cape Canaveral Ordinance No. 03-2010 Page 4 of 18 elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than one hundred feet (100') apart in an. direction. M For land that slopes more than approximately two percent (2%), either show contours with an interval of not more than five feet 5') if ground slope is regular, and such other information as is sufficient for planning purposes, or show contours with an interval of not more than two feet(2'),if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings. M Other conditions on tract including water courses marshes rock outcro wooded areas. houses, barns, shacks and other significant features. M Other conditions on adjacent land including approximate direction and gradient of ground slope and any embankments or retaining_ walls; character and location of buildings, power lines, towers and other nearby nonresidential land uses or adverse influences, owners of adjacent unplatted land; abutting_ platted land, with reference to subdivision plat by name, recording date and number: and approximate percent buildup, ical lot size and dwelling e. Zoning designation on and adjacent to tract. to Proposed public improvements, includingrows, space reserved or dedicated for parks, playgrounds or other public uses or other maior improvements Tanned by public authorities for future construction on or near tract. Photographs of the tract at the request of the planning and zoning board. Le) A filing fee, as established by resolution of the cid council. ff Other prelimingy plans,if available. which clarify the gpplication. j�gj A current title opinion of an attorney licensed in Florida or a certification by an abstractor or a title company showing that record title to the land as described and shown on the plat is in the name_ of the person or legal entity executing the dedication. The title opinion or certification_ shall also show all mortgages not satisfied,_ released or otherwise terminated by law and shall be current within 180 days of submittal. nru�I■lraMMrrl.Jn14MIrkr,rrcR�hfw7euM:��l�J rrl rr lrlrll�l%ltlr l�lr�l�llrr= City of Cape Canaveral Ordinance No. 03-2010 Page 5 of 18 r - Li)•�rq■ll/lllr I�tas:1•fA./r■i•11 1■1■l'L■[•1■■[■J -limm m ILVI I toL-mirmI LaT/1/P R�.�wl..■.P!■.I�f./...//r.■Il�lf VORMILS'Ll I 1 11 9 w 0 50. ■ ■- NJ r' 11 - ■ - ■ • - : i ■ : _ 1111111 ■ - i • - : - i49- - i1 oil I I I III- i r - Li)•�rq■ll/lllr I�tas:1•fA./r■i•11 1■1■l'L■[•1■■[■J -limm m ILVI I toL-mirmI LaT/1/P R�.�wl..■.P!■.I�f./...//r.■Il�lf VORMILS'Ll I 1 11 9 w 0 50. ■ ■- NJ r' 11 i i : i : : - - ■ • wjxVj■ i - - i - - - - - ww Rimm VA Egli Logo 11111 Bill 11,111, 11 L-11141MAL-W"AAmOmmi VORMILS'Ll I 1 11 9 w 0 50. ■ ■- NJ r' 11 See. 98-42. Topographic data. Reserved. �4?w■#■7�•�.Rrii�Rii�.l.lf�ni■l.�r.�l i��a �r..wZRu L■J n.:w Mair.. a lul.�� i d L■ ■ r. �rci� u n ni�r:1 City of Cape Canaveral Ordinance No. 03-2010 Page 6 of 18 -NIN Jtlra- 1 ILVW$Lg- L -T" MISS Iffliff I I I I I I - - i1 -11 1- 1 1 : 111- - 9 - i - i r - v - - - i - i - - i - - - - - - i :iIVVI 0 LWIN- : =I - - :oil City of Cape Canaveral Ordinance No. 03-2010 Page 6 of 18 A - IT L Ir r ■ - LI Jai I - - ■ ■ G - • 1 , - • T L FJu- - - i - ■ -at\b J11 - - - 1 - r - 6aij •i than f &et apart in all direetioiis. E - - alf- t " r fITIMLY111WEmore FMKIJMF21119111111 11 1112111, 11 11, 1AArmwAwjI■ I I I I I■ ■I I• • ■■ WE■ - - L IV • - r - - - ■ - ■ : - - - - - . - - - ■ • t1111.3 510 nILVINNILINLY111i i it • ii -111111r 110 - - ■ - - - - - ■ • - ■ - - ■ t r • ■ IN L%E MI 14109 WE■ - - L IV • - r - - - ■ - ■ : - ■ *IQ1 �R�J S�I�r■■J■N7a���nN�■r ce •�.■�sn ra l��i�w,l �asl �i■Nl rr a u■Di�i 0 lr Witl, n■it�a.r ■■f UNNI 11I■ • NO- • • ■ ■ ■ t r • ■ IN L%E MI 14109 WE■ - - L IV • - r - - - ■ - ■ : - - - - ■ *IQ1 �R�J S�I�r■■J■N7a���nN�■r ce •�.■�sn ra l��i�w,l �asl �i■Nl rr a u■Di�i 0 lr Witl, n■it�a.r ■■f UNNI 11I■ • NO- • • ■ ■ ■ t r • ■ IN L%E MI 14109 M.- - . - - - ■ ill leirimok-mffroffni i i i i � : - i ■ ■ r - � : ■ r � r - r r i ■ ■ ■ - ■ *IQ1 �R�J S�I�r■■J■N7a���nN�■r ce •�.■�sn ra l��i�w,l �asl �i■Nl rr a u■Di�i 0 lr Witl, n■it�a.r ■■f UNNI 11I■ • NO- • • ■ ■ ■ t r • ■ IN L%E MI 14109 M.- - . - - - ■ See. 98-43. . Reserved. City of Cape Canaveral Ordinance No. 03-2010 Page 7 of 18 Bill ISO i i"71■i:l h7��l:lA•■Ifl�7�lU �■rl.l r■■■1•J ■�7�.■li�■li•[q �■Ir l■■■■[�1 ■.Film mis III go M. -Foo oil n b ■ l*rwTS■■1OilI fi �1■ Fni� _ _ 1 . M11FALM111,11-4111raMOF '1 "5191 11 sll PJ■NYil �1�1■F7• �!Jl■Jf■I�Jt:Is IS:■i■L"1■I�JR•I7%.11�■i•J l..r 1■liia�l.li lirll'.7� a �■Irl•a�n��[ia.ns��ra•n■�:l:nn■runn�• ■ LIVE ffl=vr. our, I win owl r. MILIA111 F!"111111111, 1111111111111111111111111111111111111111111 s :. i - - - i :: - - - i - - i - i r : - - i - - - ■ - - - : - - - • : i MIN NJ ILIA■ i - - : - - - - ■ - - ■ ■ - - - - ;: rw.r■wl s■w�■ w�■ws■wwr S . City of Cape Canaveral Ordinance No. 03-2010 Page 8 of 18 : - - ::POP --. . : .. - - ■i -::-. - ■ :"Voliii 111 IN ; s • ■ - See. 98-44. Effliez piLelijuninary plans-. Reserved. ■ i - ■ - - - ■ : ■ : - - r : ■ : - - : wi j 5 - iw 116 - ■ :"Voliii 111 MOM" s • ■ ■ ■ • • • '14111:: • ■ : ■ : - r • : • • • - - - a a- ■ill r ■ ::: - - :lillIk : - : - ■ : - : ,15 - - - : ■ ■ : i 7i Nil ■ ■ ll,■ :1 ■ a i s • : Sec. 98-45. City review. (a) The applicant shall submit copies of the reliminaplat and other information as prescribed in section 98-41 for review by the city staff. Citv staff shall determine the number of copies t_o_be submitted for review. Upon receipt of the documents required under this Division being presented to the , the building offi planningofficial shall review and forward to the appropriate City reviewing staff engineer a copy of the laeaticin mfr, topographic map, prelinfinaly Pall documents submitted and such other documents as deemed lie deems appropriate to enable the City reviewing staff engineer to review the application strb�and either find approve the ap 1p ication to be sufficient, firm or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification, protective covenants, articles of incorporation and bylaws and shall make recommendations, if necessary. (b) Within tern thi 30 days, the City reviewingstaff taff engineer will return in writing all comments, recommendations and questions to the applicant. ten working days to comply with the eity engineer's wtitten request and subirnit information as corrected anNot modified to the eity. (c) Should any comment or recommendation made by a member of the City reviewing staff require the applicant to revise its submittal, the City reviewing staff shall review the revised submittal and return all comments, recommendations and questions to the planning official, who shall then forward all documents to the applicant. Q Upon receiving satisfactory reviews from all of the Ci1yreviewing staff. the applicant shall submit revised copies of the plat and other information as prescribed in section 98-41. The number of copies required shall be determined by city staff. Upon receipt of all City of Cape Canaveral Ordinance No. 03-2010 Page 9 of 18 documents the planning official shall schedule the application for consideration by the planning and zoningbd. Sec. 98-46. Planning and Zoning Board and City Council review. (a) The planning and zoning board shall review the subdivision preliminary plat and other material submitted for conformity with this Code and may negotiate on changes deemed advisable and shall recommend, in writing, its approval or disapproval to the city council within 30 days. All recommendations, conditions and changes shall be noted on two copies of the preliminary plat by the chairman of the Board or designated representative. (b) Upon receipt of the planning and zoning board's recommendation, the city council, at their next regularly scheduled meeting, shall vote to either accepts, or reject or modify the Board's recommendation. See. 98-47. General criteria for approval. fine limit: Prior tothe 121anningand zoning board recommending a1212roval to the ciiycouncil, applicants shall demonstrate to the planning and zoning board and the 121anning and zoning board must find that the proposed preliminary plat meets the criteria listed in subsections (a) through (d) below. Further, prior to approvinganyproposed preliminary12lat, the applicant must demonstrate to the city council, and the city council must find, that the proposed preliminary plat meets the criteria listed in subsections (a through (d) below. Lal The application in compliance with the provisions of this article and applicable law. The application is consistent with the City's comprehensive plan. ,{cl The application does not create any lots, tracts of land or developments that do not conform to the City Code. 1) The application provides for proper ingress and a ess through a 12ublic or approved private street or perpetual cross access easements. IN IN • NJ I Q 11■ - : ■ ■ r : - - s : : - - • - Sec. 98-48. Reserved. Time limit. The city council's approval of relimina lat shall be valid fora period of six 6 months unless a one 1 time six-month extension has been granted by the ci1y council for good cause shown City of Cape Canaveral Ordinance No. 03-2010 Page 10 of 18 by the applicant. If the final plata roval is not obtained within the time period provided in this section, the cijy council's relimina Iat approval shall be revoked and the applicant must re -apply under the provisions of this article. Secs. 98-498 — 98-55. Reserved. DIVISION 4. FINAL PLAT Sec. 98-56. Conformance to preliminary plat. The subdivision final plat shall conform substantially to the preliminary plat, as approved by the city council. Planning and Zoning Board, and if desired by the subdivider, it illay Constitute 0n+Y Chapter.that portion of the approved preliminary plat which lie proposes to record and develop at the tinic; provided, however, that sueh portion confornis to all requirements of this The plat may contain only that portion of the approved preliminaly plat the subdivider intends to record and develop at the time. Any such portion shall meet the requirements of this article. The final lat shall correct any inaccuracies indicated on the preliminary_ plat. Sec. 98-57. Number of copies. Reserved. Sec. 98-58. Data required for final approval. (ga) The subdivision final plat shall be drawn by the subdivider to conform to the requirements of the city council and the Board of eounty coininissione for approval and filing with the County clerk. One 1 transparencyies (Mylar) or printable copyies of the final recorded plat shall be prepared by the subdivider for the records of the City and shall be submitted to the City eierk with all appropriate fees to enable the City elerk to record the documents in the public records of the County. Lcj The final plat shall comply with Chapter 177, Florida Statutes and shall additionally, show . include a dedication statement by the owner(s). if dedicating streets or rights—of—wayrights-of-wgy for public use. The dedication must be executed ball ersons or legal entities whose signature would be required to convey record fee siml2le title to the lands bein dedicated in the same manner in which deeds are required to be executed. The dedication shall include the name of the plat and the tvped names of anv witness. notarv. or other person required to sign dedication. City of Cape Canaveral Ordinance No. 03-2010 Page 11 of 18 ■ • ■ ■ • fJ IWA72 WM I I F - - - - - - - - - - - • • • 1 NO r r .■ - - • ■ r 4)Z■1�1�tneeUn■l�lrr■l9■h7liLti■[��■l�lpli�l�lil■C �n�.r. N1�f■■Nl■■•1 •■ - - i - IYA Eli WWWAYA 11.1R.73LIJ : i I L4FJ■ • - - i - w - i ■ i i - - i a i►��_ s r • r -I i���7� . _ _ _ _ _ _ ■ • • ■ ■ • ■ • • ■ ■ ■ ■ ■ • • ljrj - - i r • ■ ■ ■ will rm -WIjujoulLwAm"! or Sec. 98-59. Documents required prior to approval. La) The following items shall be required befere for subdivision final plat approval can be granted: (1) Documentation A certificatefrom the City reviewing staff engineer certifying the proposed subdivision is acceptable. City of Cape Canaveral Ordinance No. 03-2010 Page 12 of 18 (2) Eithtr7aAn irrevocable letter of credit, performance bond or certified check, in a form acceptable to the City Attorney, which will enable the City to complete any ail unfinished improvements that are to be dedicated to the public, including, but not limited to streets draina a facilities street signs sewer facilities sidewalks and other improvements as shown on the final plat accomplished by tjze eity, if . (3) Draft of protectivecovenants ifapplicable, whereby the subdivision l2roPoses to rebate_land use in the subdivision and otherwise protect the proposed development. If there is to be a homeowners' association established. copies of the articles of incorporation. declarations and restrictions, and the bylaws shall be provided. Protective covenants in f6rin for recoiding, if requir (4) Certification of approval by the Brawl city council. (5) Other data as may be necessary which shall be determined by the city council Planning and Zoning Board. Prior to the city council's consideration of the final plat, the subdivider shall submit to the Ci an updated title opinion of an Attorney licensed in Florida or a certification by an abstractor or a title company showing that the record title to the land described and shown on the plat is in the name of the person or legal entijy executing the dedication. The title opinion or certification shall also show all mortgages not satisfied. released or otherwise terminated by law. The City Attorney shall review the title opinion or certification l2rior to the city council meeting. Lel All mortgagees having a record interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument Joining in and ratifying the plat and all dedications and reservations thereon. Sec. 98-60. Application for approval. Application shall be made for subdivision final plat approval as follows: f- two weeks prior to the ineeting at whieh it is to be considered. La) U12on the documents required under this Division being resented to the Ci the planning official shall review and forward to the -appropriate City reviewing staff a copy of all submittals and such other documents as he or she deems appropriate to enable the Cit reviewing staff to review the subdivision and either find the application to be sufficient or point out areas that are inadequate or iml2rol2er. The City Attorney shall review the title opinion or certificationprotective covenants articles of incorporation and bylaws and shall make recommendations, if applicable., Within 30 da s the reviewing staff will return in writing all comments City of Cape Canaveral Ordinance No. 03-2010 Page 13 of 18 recommendations and questions to the planning official, who shall then forward all documents to the applicant. Lc) Should any comment or recommendation made by member of the City reviewing staff require the applicant to revise its subdivision submittal, the City reviewing staff shall reviewthe revised submittal and return all comments, recommendations and questions to the planning official who shall then forward all documents to the applicant. Q Upon receiving satisfactory_ re views from all of the City reviewing_ staff and revised copies ofthe plat, the planning official shall schedule the application for consideration by the planning and zoningboard. oard. See. 98-61. Planning and Zoning Board and Ci Council Review; General Criteria for Approval. Recoinniend a tion s of Pin unin g an d Zon ing Hoat d. Lal When all requirements under this Division have been satisfied, the planning and zoning board will vote to recommend approval or disapproval of the subdivision final plat, and these recommendations will be submitted to the city council at the next regularly scheduled Council meeting. The city council shall vote, in resolution form, to either accept, or reject or modi the Board's recommendation. Prior to the planning and zoning board recommending approval to the city council, applicants shall demonstrate to the planning and zoning board, and the planning and zoning board must find, that the proposed final plat meets the criteria listed in subsections (1) through 4 below. Further, rior to approving any proposed final plat, the a1212licant must demonstrate to the ci1y council and the ci1y council must find that the proposed final 12lat meets the criteria listed in subsections (1) through (4) below. tL The application is in compliance with the provisions of this article and applicable law. gJ The application is consistent with the Ci 's comprehensive plan. La The application does not create any lots tracts of land or develol2ments that do not conform to the Ci1y Code. fAh The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. See. 98-62. Recording. The City shall be responsible_for recording approved subdivision final plats. The final plat shall be recorded with the CounLy prior to any certificate of occupancy being issued for the applicable plat. The ci1y manager shall be responsible for adopting administrative Drocedures for City of Cape Canaveral Ordinance No, 03-2010 Page 14 of 18 ensurina4that all final_ plats approved by the city council are recorded within fifteen (15) days of the date ofthe subdivider's updated title opinion or certification. developer must record the subdivision of ceetipaney Yvill be granted. Secs. 98-633 — 98-65. Reserved. DIVISION 5. LOT SPLITS Sec. 98-66. Lot splits. Lai Lot split review and approval. An application for lot split shall be processed by combining the review and approval.12rocedures of this article applicable to prefiminaand final plata lications into one 1 consolidated process as set forth in this section. Definition. For puLposes of this section the term "lots lit" shall mean a division of a tract of land or lot that will result in the creation of exactly one (1) additional tract of land or lot provided the following conditions are met: LL The lot or tract of land to be split is a previously platted lot or Ieg_al description of record. Each lot or tract of land created hereunder shall abut a Public or a1212roved private street, unless perpetual cross -access easements already exist on the lot to be split or are determined not to be necessary, or, if necessary, are provided by separate instrument. (c) A lication. Applicants seeking lot s.121it approval shall provide the following to the community development department: LLJ A complete lot split application on a form prescribed by the city manager, Q The information required_ forpreliminary_plat approval set forth „in section 98- 41 of this article. QI A filing fee established by resolution of the city council. fjj City staff review. _Upon receipt of a complete lot split application, the planning official shall review and forward to the appropriate City reviewing staff a copy of same and such other documents to enable the City reviewing staff to review the application and either find the application to be sufficient or point out areas that are inadequate or improper. The City Attorney shall review the title opinion or certification. City of Cape Canaveral Ordinance No. 03-2010 Page 15 of 18 City reviewing staff shall return in writing all comments, recommendations and questions to the applicant within 30 days of receipt of applicant's complete application. Q Should any comment or recommendation made by the Cily reviewingstaff taff require the applicant to revise its submittal, the City reviewing staff shall review the revised submittal and return all comments, recommendations and questions to the planning official, who shall then forward all documents to the „applicant. ffi Upon receiving satisfactory reviews from all of the Cit, reviewing staff, the applicant shall submit revised copies of the lots lit and other information required by this section. The number of copies required shall be determined by Cily staff. Upon recei t of all documents the planning official shall schedule the application for consideration by the planningand nd zonin board. Leel Public hearin s. LL The planning and zoning board shall consider an application for lot split at a duly noticed public hearing and shall vote to recommend approval or disapproval of the lot split to the city council. La Upon receipt of the planning and zoning board's recommendation the d council shall, at a duly noticed public hearing, review and consider the planning and zoning board's recommendation and shall either approve or deny the proposed lot split. Any approval of a lot split shall be by resolution of the city council. ff) Review criteria. Before any lots lit is recommended for approval by the plannin and zoning board or approved by the city council the applicant must demonstrate and the planning and zoning board or city council must find, that the proposed lot split meets the following criteria:, La The proposed lot split is in compliance with the provisions of this article and applicable law. La The application is consistent with the City's comprehensive plan. The application does not create any Iots tracts of land or developments that do not conform to the City Code. The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. LQ- Special notice , or residential lot splits. Any proposed lot split of a residentiallX zoned property shall require special notice be provided to adjacent property owners at least City of Cape Canaveral Ordinance No. 03-2010 Page 16 of 18 fourteen (14) days prior to the planning and zoning board hearingon the proposed residential lots lit. Said notices shall be provided by regular mail to adjacent propeqy owners within 500 feet of the grope , subject to the lot split application, and shall include the address and legal description of the subject propea, and the date time and location of the planning and zoning board hearing. Notices provided under this subsection are hereby deemed to be courtesy notices only and the failure to provide or receive said notices shall not be a basis of appealing any ecision made under this section. Applicants shall be solely responsible for the cost of the notices required by this subsection., a Recording. Upon approval of any lot split by resolution of the city council, the plat documents shall be duly recorded in the public records of Brevard County in accordance with section 98-62 and the lot split shall be reflected on the appropriate City maps and documents. Ci I Restriction on additional lot split. No further division of an approved lot split is permitted under this section. except through the relimina and final plat review Rrocedures of this article. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and Iike errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 03-2010 Page 17 of 18 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 52010. ATTEST: MIA. GOFORTH, Acting City Clerk First Reading: February 16, 20I0 Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 03-2010 Page I8 of 18 day of For Against view Legal Aaff t two:)b Print Window Close Window AD#180556,0310112010 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing Ordinance No. 03-2010 in the City of Cape Canaveral Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, March 16, 2010. The Ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE 03-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PLATS; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW AND APPROVAL; PROVIDING A PROCEDURE FOR REVIEW AND CONSIDERATION OF LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1220) 48 hours in advance of the meeting. Mia Goforth, Acting City Clerk Publish: Monday, March 1, 2010 AD#: 180556 Publication: Florida Today First Published: 02-26-2010 Page I of I http://Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=52058 3/1/2010 Clerics Office From: Kate Latorre [klatorre@orlandolaw.net] Sent: Wednesday, February 17, 2010 11:03 AM To: Angela Apperson Cc: Mia Goforth; Barry Brown Subject: Revised Platting Ord. Attachments: Kate Latorre.vcf; 03-2010 Platting.pdf Angie, Please find Ordinance 03-2010 attached hereto and revised following the Council's discussion during first reading last night. I have modified the language in sections 98-47 and 98-61(b) to clearly reflect that applicants must demonstrate that the requisite criteria is satisfied to both the P&Z board and the City Council and that both the P&Z board and the City Council must find that said criteria are satisfied prior to recommending approval or approving preliminary and final plats. Please review the revisions and let me know if you need anything further. If it meets with staffs approval, please advertise and schedule the adoption hearing at the next available City Council meeting. Thanks, Kate 0 Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law 111 N. Orange Avenue, 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.oriandolaw.net Email: klatorregoriandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result 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. 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