HomeMy WebLinkAboutPacket 07-14-2009 SpecialCity of Cape Canaveral
July 9, 2009
Mia Goforth, Acting Deputy City Clerk
City of Cape Canaveral, FL 32920
This is to notify you of a Special Meeting that will be held by the City Council of
the City of Cape Canaveral, Florida, on Tuesday, July 14, 2009 at 8:00 — 9:00 P.M.
in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
1. Motion to Approve: Ordinance No. 07-2009; Amending Section 110-171 of the
Code of Ordinances re: Alcoholic Beverages Special Exceptions, First Reading.
2. Motion to Approve: Application for Satisfaction or Release of Code
Enforcement Lien, Avon Terrace LLC, c/o David B. Daley.
3. Motion to Approve: Designation of a Voting Delegate for the Florida League of
Cities Annual Conference.
4. Motion to Approve: Request for State and Federal Transportation Project
Funding.
MEETING CALLED BY
Notice posted on: July 10, 2009 s°")
(Time)
r .
Betty Wa , Council Member
rr
105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 Fax. (321) 868-1248
www.cicyofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 07/07/09
Item No. 4
Subject: To amend the Ci Code of Ordinances Section 11 �..._....7 ..
City0�-171(a)(2), reducing the
minimum required seating from 200 persons to 150 persons for a restaurant to be
exempt from the 2000 ft. separation requirement to serve liquor.
Department: Community Development Department
__....... __....._.......
Summary: Izzy's is an upscale restaurant that is currently approved for beer and wine
service only. Ms. Krause wants to obtain a full-service liquor (4COP) license and serve
liquor at Izzy's. Our code requires that establishments that serve liquor be separated
from one another by 2000 feet. One of the exceptions to the distance separation is for
restaurants that have seating for 200 or more persons. Izzy's is within 2000 feet of
other establishments that serve liquor including Charlotte's Web and Club Lido. Since
Izzy's is within 2000 ft. of another establishment that serves liquor, it must have 200
seats in order to be exempt from our distance requirement. Ms. Krause approved by
the State for 150 seats is therefore requesting we change the code from 200 to 150
seats to be exempt from the distance requirements. Staff recommends approval.
Requested Council Action: Approve the requested Code revision.
Financial Impact: None.
Attachments: ❑ SupportingDocumentsReviewed w..
Application; Section 110-171 of City Code; Planning and Zoning Board minutes; Krause
letter; Alcoholic Beverages Matrix; Compliance Issues Memo;
Submitting Department Head: Barry Brown Date: 6/30/09
Approved by City Manager: Date:
City Council Action: [ ] Approved as recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO, 07-2009
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 110-1710 F THE CODE OF
ORDINANCES RELATED TO ALCOHOLIC BEVERAGE
SPECIAL EXCEPTIONS; 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 VIlI, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section l 10-171 of the City Code sets forth the requirements and conditions
for which special exceptions may be granted authorizing certain establishments to sell, dispense,
serve or store alcoholic beverages or to allow the consumption of alcoholic beverages on -premises;
and
WHEREAS, said establishments are generally prohibited from being located within 2,000
feet of another establishment which sells, distributes, serves or stores alcoholic beverages or is
authorized for on -premises consumption of alcoholic beverages; and
WHEREAS, section l 10-171(a)(2) of the City Code currently provides an exception from
this 2,000 foot distance requirement for, among other things, restaurants seating 200 or more
persons; and
WHEREAS, on October 22, 2008, by majority vote, the Planning & Zoning Board
recommended to the City Council that section 1 10-171(a)(2) be amended to reduce the minimum
seating requirement to 150 in order for establishments selling, distributing, serving or storing
alcoholic beverages, or serving alcoholic beverages for consumption on -premises, to be excluded
from the 2,000 foot distance requirement; and
WHEREAS, the City Council desires to amend the City Code consistent with the Planning
& Zoning Board's recommendation as set forth herein; 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
City of Cape Canaveral
Ordinance No. 07-2009
Page l of 3
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 1 10, Zoning. of the Code of Ordinances. City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter l 10, Zoning. It is intended that the text in Chapter 1 10, Zoning, denoted by
the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
CHAPTER 110. ZONING
ARTICLE IV, SPECIAL EXCEPTIONS
AIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application, the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2.000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection are:
Cite of Cape Canaveral
Ordinance No. 07-2009
Page 2 of 3
Restaurants seating 150 3$9 or more persons.
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 d. 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 like
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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2009.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
C. Shannon Roberts
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance Ido_ 07-2009
Page 3 of 3
City of Cape Canaveral, Florida
City Council
July 7, 2009
STAFF REPORT
Applicant: Brigitte Krause, Owner of Izzy's Bistro
Request: To amend the City Code of Ordinances Section 110-171(a)(2), reducing the
minimum required seating from 200 persons to 150 persons for a restaurant to be
exempt from the 2000 ft. separation requirement to serve liquor.
Description: Izzy's is an upscale restaurant that is currently approved for beer and wine
service only. Ms. Krause wants to obtain a full-service liquor (4COP) license and serve
liquor at Izzy's. Our code requires that establishments that serve liquor be separated
from one another by 2000 feet. One of the exceptions to the distance separation is for
restaurants that have seating for 200 or more persons. Izzy's is within 2000 feet of
other establishments that serve liquor including Charlotte's Web and Club Lido. Since
Izzy's is within 2000 ft. of another establishment that serves liquor, it must have 200
seats in order to be exempt from our distance requirement.
Recently, Izzy's State restaurant license was amended to increase its seating from 75 to
150 seats (see attached license). They went to 150 seats because by Florida Statute
561.20, a restaurant must have a minimum of 150 seats to be eligible to obtain a special
license to serve alcohol without having to purchase a license on the open market.
In order for Izzy's to be able to serve liquor the ordinance will have to be changed to
reduce the minimum number of seats for a restaurant to be exempt from the distance
requirement from 200 to 150 seats. The City will have to issue a Local Business Tax
Receipt (formerly Occupational License) for 150 seats and the Board of Adjustment will
have to grant a Special Exception.
The Planning & Zoning Board heard this request last October and recommended
approval (see attached minutes of the meeting for discussion and reasoning behind
recommendation). The applicant made the case that not being able to serve liquor put
her at a competitive disadvantage with restaurants in surrounding communities.
Subsequently Ms. Krause drafted a letter, included in this packet that lists the
restaurants that have full-service liquor (4COP) licenses in Cape Canaveral, Cocoa
Beach, Satellite Beach, and at the Port. Also, staff took a survey of surrounding
jurisdictions and prepared a matrix of their requirements for restaurants to serve liquor
(see attached matrix). Among Brevard County, Cocoa Beach, Cocoa, and Satellite
Beach, none have distance separation requirements and the highest minimum seating
requirement is 40 seats.
If the Council approves the request, Izzy's still has parking and impact fee issues to be
addressed before a Local Business Tax Receipt would be approved. See Compliance
Issues memo dated June 22, 2009,
Recommendation: Staff supports the request. The reasons for the distance separation
are not as relevant as in the past and do not reflect the current demand for services.
They especially do not apply to restaurants. Staff agrees that not being able to serve
liquor puts Izzy's at a competitive disadvantage. Therefore, staff recommends reducing
the number of required seats for a restaurant to be exempt from our distance separation
requirements from 200 to 150 seats.
APPLICATION
FOR AMENDMENT TO THE
CITY OF CAPE CANAVERAL
CODE OF ORDINANCES
DATE: 9-8-0'6
APPLICANT: DBA lir S/sTf�O
ADDRESS: �� �� A./. ATcAnT/C Ao(F Sue*:!' City CAPC` �AR/fli ,e� �-
State FL ZIP 32925 TELEPHONE:
REQUESTING AMENDMENT TO CODE SECTION — //C)
SECTION PRESENTLY READS: i /0 - ti (u } (2-)"0- Res fOW
52a_'in� �ClQ or more- -oe V-5on5,�-
G Lc r�tii /-� TT�CHFt�
REQUESTED CHANGE TO READ: a • R sta(2ram L
)5r3 Or m orQ �er5�hs,
REASON FOR REQUESTED CHANGE: A I
Zoos F i o e- r d a StQ s 5(,,
(ATTACH ADDITIONAL SHEETS IF NECESSARY)
e.
FEE FOR REQUEST: $250.00 DATE PAID: 9/10/06
City uT Cape Canaveral
Building Department
(Please Print Legibly or Type)
DATE FILED 9 -e-CB FEE PAID DEPOSIT
RECEIVED BY SRC $ 250.00 FILING FEE IS NON-REFUNDABLE
NATURE OF REQUEST
_ SPECIAL EXCEPTION VARIANCE _ _ REZONING APPEAL X CODE AMENDMENT
(IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET # I OF TOWER APPLICATION)
DESCRIPTION OF REQUEST
(Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
A me A d - 5P_qt;„r re q�
n e- rfy 0rJIr)r4nC�.P
//0 - 1 7(Q) ” �� Pram 200 A -a i5 o rye✓S,.0 a -
---Ad drass of request 6&tS--,N, A;4 -At J -F4 -C A ✓�--�vljE� ; ��!}� C�°}�P�V&P,,�4_-
LegaJ Dese. LOT BLK. SUB. TWP. Range
STATEMENT OF FACT: State of Florida, County of Brevard; T ULL L66 -4L X-S-CA1614A.,; C C
I, Rki6,TTe- K rZAOSE. , being duly sworn, depose and say that:
I am the owner.
I am the owner's designated agent.(Attach notarized letter of authorization)
Owner's Name 59(6 -OTE KXA tl 1
Address L L JS (V.,4TiA lT eC AI& Sc) 7f C City CAP& CANA VC -_K PT L State a= Zip 3'2!7 2.6
Home Phone N 2 -9bo - /" Work Phone # 17-1- 733 - J-4 gy Other
(If other than owner)
Applicant's Name
Address City State Zip
Home Phone # Work Phone 4 Other
All information, sketches and data contained and made part of this request are honest and trete to the best
of my knowledge and belief. I '
Sworn to and subscribed before me
this NOTARY PUBLIC -S) - IlliiivvvYYY �� S e
§US3,`T i, Chap re of Applicant
r
_ t Co�:_;on#DD384306
Notary Public, State of Florida Ea' r«' NAR. 23, 2009
---------------.�.--
The completed request form and the $250.00 filing fee must be Fled as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers). 14 days prior to the Planning & Zoning Board Meeting; request
for removing, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section 110-92 for applicability)
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to applicant by Certified Mail No. on
Notice posted on Bulletin Board on
Notice posed on subject property on Prop. owners within 500 ft. notified on
09/td/N08 6 P-0 oolklb2
Total 25,0.oil
Cash Amount
Chanua
Cl( #U8 l Amount
19 June 2008
Todd Morley
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FI 32920
6, . 5 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 7834548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
Re: Requested code amendment of City Ordinance Section 110-171(A)(2).
Dear Mr. Morley:
Thank you for your recent reply to my request for amendment of the city ordinances.
Since it appears that Izzy's Bistro would be precluded from obtaining the special
exception prescribed in ordinance based on other 4COP licensees within 2000 feet, it is
not necessary to pursue the spec ordinance change at this time.
However, i am interested in exploring the exemption that you noted for restaurants
seating 200 or more persons. As you may be aware, related Florida Statute Section
561.20 "Limitation upon number of licenses issued", subsection (2)(a)4 provides an
exception for "Any restaurant having 2,500 square feet of service area and equipped to
serve 150 persons full course meals at tables at one time, and deriving at least 51
percent of its gross revenue from the sale of food and nonalcoholic beverages;". (copy
of state statute attached). Izzy's Bistro can meet the exception requirements of the state
statute. Provided City Ordinance (110-171(8)(2)a)could be amended to match the state
statute (150 persons), I would be interested in pursuing this option. I am available to
discuss the specific requirements, including permitting and impact fees, at your
convenience.
Once again, thanks to you and your staff for your attention to this matter. I look forward
to hearing from you.
Sincerely,
r8. V� 00j f �
Brigitte Krause
Owner
Statutes & Constitution:View Statutes :->2007->Ch0561->Section 20 : .
Select Year: 2008
http://www.nsenate.gov/Statutes/index.cfi Ofp-2&App-mude=Display...
Go
The 2008 Florida Statutes
Title XXXIV Chapter 561 View Entire
ALCOHOLIC BEVERAGES AND BEVERAGE LAW: Chapter
TOBACCO ADMINISTRATION
561.20 Limitation upon number of licenses issued. --
(1) No license under s. 565.02(1)(a) -(f), inclusive, shall be issued so that the number of
such licenses within the limits of the territory of any county exceeds one such license to
each 7,500 residents within such county. Regardless of the number of quota licenses
issued prior to October 1, 2000, on and after that date, a new license under s. 565.02(1)
(a) -(f), inclusive, shall be issued for each population increase of 7,500 residents above
the number of residents who resided in the county according to the April 1, 1999,
Florida Estimate of Population as published by the Bureau of Economic and Business
Research at the University of Florida, and thereafter, based on the last regular
population estimate prepared pursuant to s. 186.901, for such county. Such population
estimates shall be the basis for annual license issuance regardless of any focal acts to
the contrary. However, such limitation shall not prohibit the issuance of at least three
licenses in any county that may approve the sale of intoxicating liquors in such county.
(2)(a) No such limitation of the number of licenses as herein provided shall henceforth
prohibit the issuance of a special license to:
1. Any bona fide hotel, motel, or motor court of not fewer than 80 guest rooms in any
county having a population of less than 50,000 residents, and of not fewer than 100
guest rooms in any county having a population of 50,000 residents or greater; or any
bona fide hotel or motel located in a historic structure, as defined in s. 561.01(21), with
fewer than 100 guest rooms which derives at least 51 percent of its gross revenue from
the rental of hotel or motel rooms, which is licensed as a public lodging establishment
by the Division of Hotels and Restaurants; provided, however, that a bona fide hotel or
motel with no fewer than 10 and no more than 25 guest rooms which is a historic
structure, as defined in s. 561.01(21), in a municipality that on the effective date of this
act has a population, according to the University of Florida's Bureau of Economic and
Business Research Estimates of Population for 1998, of no fewer than 25,000 and no
more than 35,000 residents and that is within a constitutionally chartered county may
be issued a special license. This special license shall allow the sale and consumption of
alcoholic beverages only on the licensed premises of the hotel or motel. In addition, the
hotel or motel must derive at least 60 percent of its gross revenue from the rental of
hotel or motel rooms and the sale of food and nonalcoholic beverages; provided that the
provisions of this subparagraph shall supersede local laws requiring a greater number of
hotel rooms;
2. Any condominium accommodation of which no fewer than 100 condominium units
are wholly rentable to transients and which is licensed under the provisions of chapter
509, except that the license shall be issued only to the person or corporation which
operates the hotel or motel operation and not to the association of condominium
owners;
3. Any condominium accommodation of which no fewer than 50 condominium units are
wholly rentable to transients, which is licensed under the provisions of chapter 509, and
which is located in any county having home rule under s. 10 or s. 11, Art. VIII of the
>f 8 8/29/2008 7:46 Ai%1
Statutes & Constitution :View Statutes :->2007->Ch056l->Section 20: ... http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display...
State Constitution of 1885, as amended, and incorporated by reference in s. 6(e), Art.
VIII of the State Constitution, except that the license shall be issued only to the person
or corporation which operates the hotel or motel operation and not to the association of
Cominium owners;
4.ny restaurant having 2,500 square feet of service area and equipped to serve 150
ons full course meals at tables at one time, and deriving at least 51 percent of itss revenue from the sale of food and nonalcoholic beverages; however, no restaurant
ted a special license on or after January 1, 1958, pursuant to general or special law
shall operate as a package store, nor shall intoxicating beverages be sold under such
license after the hours of serving food have elapsed; or
5. Any caterer, deriving at least 51 percent of its gross revenue from the sale of food
and nonalcoholic beverages, licensed by the Division of Hotels and Restaurants under
chapter 509. Notwithstanding any other provision of law to the contrary, a licensee
under this subparagraph shall sell or serve alcoholic beverages only for consumption on
the premises of a catered event at which the licensee is also providing prepared food,
and shall prominently display its license at any catered event at which the caterer is
selling or serving alcoholic beverages. A licensee under this subparagraph shall
purchase all alcoholic beverages it sells or serves at a catered event from a vendor
licensed under s. 563;02(1), s. 564.02(1), or licensed under s. 565.02(1) subject to the
limitation imposed in subsection (1), as appropriate. A licensee under this subparagraph
may not store any alcoholic beverages to be sold or served at a catered event. Any
alcoholic beverages purchased by a licensee under this subparagraph for a catered event
that are not used at that event must remain with the customer; provided that if the
vendor accepts unopened alcoholic beverages, the licensee may return such alcoholic
beverages to the vendor for a credit or reimbursement. Regardless of the county or
counties in which the licensee operates, a licensee under this subparagraph shall pay
the annual state license tax set forth in s. 565.02(1)(b). A licensee under this
subparagraph must maintain for a period of 3 years all records required by the
department by rule to demonstrate compliance with the requirements of this
subparagraph, including licensed vendor receipts for the purchase of alcoholic beverages
and records identifying each customer and the location and date of each catered event,
Notwithstanding any provision of law to the contrary, any vendor licensed under s.
565.02(1) subject to the limitation imposed in subsection (1), may, without any
additional licensure under this subparagraph, serve or sell alcoholic beverages for
consumption on the premises of a catered event at which prepared food is provided by a
caterer licensed under chapter 509. If a licensee under this subparagraph also possesses
any other license under the Beverage Law, the license issued under this subparagraph
shall not authorize the holder to conduct activities on the premises to which the other
license or licenses apply that would otherwise be prohibited by the terms of that license
or the Beverage Law. Nothing in this section shall permit the licensee to conduct
activities that are otherwise prohibited by the Beverage Law or local law. The Division of
Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to administer the
license created in this subparagraph, to include rules governing licensure,
recordkeeping, and enforcement. The first $300,000 in fees collected by the division
each fiscal year pursuant to this subparagraph shall be deposited in the Department of
Children and Family Services' Operations and Maintenance Trust f=und to be used only
for alcohol and drug abuse education, treatment, and prevention programs. The
remainder of the fees collected shall be deposited into the Hotel and Restaurant Trust
Fund created pursuant to s. 509.072.
However, any license heretofore issued to any such hotel, motel, motor court, or
restaurant or hereafter issued to any such hotel, motel, or motor court, including a
condominium accommodation, under the general law shall not be moved to a new
>f 8 8/29/2008 7:46 AM
ntre, &K4wo4 evds- vf'a41)44KCe S
ZONING § 110-171
Sec. 110-122. Hotels and motels.
A certificate of occupancy for hotels and motels
shall only be issued initially for a minimum of 150
units. After a hotel or motel project has received
its initial certificate of occupancy for its first 150
units, subsequent certificates of occupancy may
be issued for each building constructed thereafter.
All units within any one building of a hotel or
motel shall be completed before e6ertificate of
occupancy is issued.
(Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20-
98)
Secs. 110-123-110-135. Reserved.
DIVISION 4. RESERVED*
Secs. 110-136-110-160. Reserved.
ARTICLE.W. SPECLAL EXCEPTIONS
DIVISION 1. GENERALLY
Sec. 110-161. Structures and uses approved
by special exception.
A special exception is not deemed nonconform-
ing. Any structure or use for which a special
exception is granted as provided in this chapter
shall be deemed, as to that particular special
exception, to have all the rights and privileges of
a conforming use, restricted, however, by the
terms of that specific special exception as granted.
(Code 1981, § 643.11)
Secs. 110-162-110-170. Reserved.
DIVISION 2, ALCOHOLIC BEVERAGESt
Sec. 110-171. Establishments serving alco-
holic beverages.
(a) Establishments which shall require a spe-
cial exception under this chapter by the board of
adjustment are those, whether or not licensed by
•Editor's note—Ord. No. 11-2005, § 2, adopted June 21,
2005, deleted div. 4, which pertained to amendments and
rezonings and derived from Code 1981, ch. 647; §§ 647.03,
647.05„ 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1,
adopted Nov. 18, 1997; Ord. No. 6-99, § 1, adopted June 15,
1999; Ord. No. 09-2002, § 1, adopted May 21, 2002; and Ord.
No. 18-2402, § 2C, adopted Dec. 17, 2002.
tCross reference—Alcoholic beverages, ch. 6.
the state Department of Business and Profes-
sional Regulation, Division of Alcoholic Beverages
and Tobacco, which dispense, sell, serve, store or
permit consumption on the premises of alcoholic
beverages. In consideration of a special exception
application, the board of adjustment shall not
approve the application unless it is totally consis-
tent with all the conditions as set forth in this
section and also the following:
Supp. No. 15 CD 110:25
(1) The establishment shall not be permitted
to locate within 300 feet of any existing
church, school grounds or playgrounds
nor shall a church, school or playground
be permitted to locate within 300 feet of
any existing establishment which dis-
penses, sells, serves, stores or permits the
on -premises consumption of alcoholic bev-
erages. The distance shall be measured as
the shortest linear distance between the
property line of the establishment which
provides or proposes to provide for the
sale and consumption of alcoholic bever-
ages and the property line of the church,
school grounds or playground.
(2) The establishment, if licensed by the state
division of alcoholic beverages and to-
bacco to permit on -premises consumption
of beverages, shall not be located within
2,000 feet of another licensed establish-
ment. The distance shall be measured as
the shortest linear distance between the
property line of the establishment which
proposes to provide for the sale and con-
sumption of alcoholic beverages and the
property line of any establishment which
currently provides for the We and con-
sumption of alcoholic beverages. Further,
the establishment shall be in compliance
with the Florida beverage laws (F.S. chs.
561 through 568). Provided, however, ex-
ceptions to this subsection 110-171(a)(2)
are:
a. Restaurants seating 200 or more per-
sons.
b. Hotels and motels which are ap-
proved in accordance with City Code.
C. Restaurants licensed by the state
division of alcoholic beverages and
$ 110-171
CAPE CANAVERAL CODE
tobacco for malt beverages only or
income from the sale of nonal-
malt beverages and wine only, pro-
coholic beverages and food pre-
vided the following are complied with:
pared, sold and consumed on
1. The establishment shall have
the premises. The obligation to
the capacity for and have in
sell 51 percent food and nonal-
existence at least 25 seats for
coholic beverages is a continu-
the serving of meals. No area
ing obligation. It is a violation
within the establishment may
of this zoning code to sell wine
be specifically designed for a
and malt beverages granted un-
bar or lounge operation.
der this exception unless the
restaurant has derived at least
2. Consumption of food and malt
51 percent of its gross income
beverages shall be on premises
from the sale of food and non -
only; however, food carryout
alcoholic beverages. Such per -
without the malt beverages may
centage shall be determined by
be permitted. Further, in accor-
calculating the average monthly
dance with Florida law, one un-
gross revenue from the sale of
sealed bottle of wine may be
food and nonalcoholic bever-
removed for consumption off pre-
ages for the immediately previ-
raises if purchased and par-
ous 12 -month period. In ac-
tially consumed with a full
knowledgment of this continuing
course meal consisting of a salad
obligation and as a condition
or vegetable, entree, a bever-
precedent to the issuance of a
age, and bread. A partially con-
special exception, the owner of
sumed bottle of wine to be re-
the restaurant shall execute and
moved from the premises must
deliver to the city an affidavit
be securely resealed by the lic-
and agreement, upon forms ap-
ensee or its employees before
proved and provided by the cit y,
removal from the premises and
which will attest and covenant
shall be placed in a bag or other
to the owner's compliance with
container that is secured in such
the provisions of this subsec-
a manner that it is visibly ap-
tion 110-171(a)(2)c.3. The owner
parent if container has been
p
shall also retain cash register
subsequently opened or tam-
receipts, guest checks and led-
pered with. A dated receipt for
gera which may be reviewed at
the bottle of wine and full course
the request of the city to deter-
meal shall be provided by the
mine compliance. Failure to pro -
licensee and attached to the
vide records requested shall be
container. If transported in a
c
grounds for revocation of the
motor vehicle, the container with
special exception granted un-
the resealed bottle of wine must
der this section. Any subse-
tie placed in a locked glove com-
quent purchaser, assignee or
partment, alocked trunk, or
transferee will be required to
the area behind the last up-
execute and deliver to the city
right seat of a motor vehicle
an affidavit and agreement, as
that is not equipped with a
t
provided above, in order to main-
trunk
tain the special exception upon
3. A restaurant licensed under this
the property provided by this
exception shall not derive less
section. The restaurant, if ad -
than 51 percent of its gross
vertised, shall be advertised and
Supp. No. 15 CD110:26
ZONING
§ 110-171
held out to the public to be a
tances to the proposed estab-
place where meals are pre-
lishment affixed per subsection
pared and served.
(a)(1) of this section.
4. Sale or consumption of malt
4. Location of all establishments
beverages and wine shall be
licensed by the state division of
limited to the time period set
alcoholic beverages and tobacco,
by chapter 6.
including package retail sales,
d. Chapters or incorporated clubs or
which are within the required
veteran's fraternal organizations con-
vicinity map area with specific
forming to F.S. § 565.02(4).
distances to the proposed estab-
43) Package retail sales of alcoholic beverages
lishment affixed per subsection
for carryout, except for beer and wine
(a)(2) of this section.
sales, shall comply with subsections (a)(1),
5. Existing zoning for all proper -
(a)(4), (a)(5)a.3. and (a)(5)a.5. of this sec-
ties within 300 feet to the prop -
tion only.
erty of the proposed establish -
(4) One parking space shall be provided for
ment shall be indicated,
each three seats or seating places. All
b. The site plan map shall be drawn at
seats or seating places, whether located
a scale not less than one inch equals
within a restaurant area or a bar/lounge
100 feet and shall indicate the fol -
area, will be included in the calculation of
lowing information:
the required number of parking spaces.
Package retail sales establishments shall
1. Location and dimension of the
provide parking as determined by the
proposed establishment's prop -
building official, who shall use the ratios
erty lines, all existing and pro -
established in article DC of this chapter.
posed structures, driveways,
(5) Each application for a special exception
parking spaces and ingress/
shall be accompanied by a vicinity map, a
egress points.
site plan map and a building floor plan.
2. The following information shall
a. The vicinity map shall be drawn at a
be presented in tabulated form:
scale of one inch equals 400 feet and
i. Number of parking spaces.
shall indicate the following in -forma-
ii. Number of restaurant
tion:
seats.
L. The outer boundary of the vi-
iii. Number of bar/lounge
cinity map, which shall be at
seats.
least 2,500 feet from the centroid
of the proposed establishment's
iv. Building area.
property.
v Lot area.
2. Location of all existing public C. The building floor plan shall be of a
streets between the proposed scale appropriate for the establish -
establishment and other estab- ment, but in no case shall the scale
lishments and land uses as de- be less than one-eighth inch equals
scribed in subsections (a)(1) and one foot and shall detail room lay -
(a)(2) of this section. outs and exits.
3. Location of all existing churches,
school grounds or playgrounds (b) Any special exception granted under this
which are within the vicinity section may be temporarily suspended or abso-
map area with specific dis- lutely revoked by majority vote of the board of
Supp. No. 16 CD110:26.1
§ 110-171
CAPE CANAVERAL CODE
adjustment at a public hearing, when the board of
adjustment has determined by competent substan-
tial evidence that either:
(1) The establishment has obtained the spe-
cial exception upon false statements, fraud,
deceit, misleading statements, or suppres-
sion of material facts;
(2) The establishment has committed substan-
tial violations of the terms and conditions
on which the special exception was granted,-
(3)
ranted;
(3) The establishment no longer meets the
requirements of this section or the Florida
Beverage Code; or
(4) The management of the establishment
knowingly allowed illegal activities to be
conducted on the premises including, but
not limited to, possession or sale of illegal
substances, racketeering, prostitution, lewd
and lascivious behavior, and unlawful gam-
bling.
Prior to any special exception being revoked,
the establishment shall be provided with min-
imum due process including notice of the grounds
for revocation and hearing date, an opportu-
nity to be heard, the right to present evidence,
and the right to cross-examine adverse wit-
nesses.
(c br on -premises consumption of liquors,
res �urorts or cocktail lounges shall have a min-
imum building area of 2,000 square feet and a
seating capacity of 100 patrons.
(Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96;
Ord, No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2,
5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No.
36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2,
6-20-06; Ord. No. 04-2006, § 3, 6-20-06)
Sec. 110-172. Temporary alcoholic beverage
permits.
(a) Upon approval of the city manager or the
city manager's designee, and receipt of appropri-
ate city permits, the division of alcoholic bever-
ages and tobacco may issue temporary permits
without a special exception for the on -premises
consumption of alcoholic beverages for the follow-
ing:
(1) Conventions. In convention halls, colise-
ums, and similar type buildings where
there is an existing beverage license, the
director of the division of alcoholic bever-
ages and tobacco may, in his or her discre-
tion, issue a permit for not more than five
calendar days for the display by manufac-
turers or distributors of products licensed
under the provisions of F.S. chapters 561
through 568, and may authorize consump-
tion of such beverages on the premises
only.
(2) Nonprofit civic organizations. The direc-
tor of the division of alcoholic beverages
and tobacco may issue a permit authoriz-
ing a bona fide nonprofit civic organiza-
tion to sell alcoholic beverages for con-
sumption on the premises only, for a period
not to exceed three days. All net profits
from sales of alcoholic beverages collected
during the permit period must be re-
tained by the nonprofit civic organization.
Any such civic organization may be issued
only three such permits per calendar year.
(b) Any person or entity issued a temporary
alcoholic beverage permit pursuant to this section
shall be subject to the provisions of chapter 6 of
the City Code, Alcoholic Beverages, as amended
from time to time, including, but not limited to,
hours of operation and nudity on the premises.
(Ord. No. 03-2006, § 2, 6-20-06)
Secs. 110-173-110-190. Reserved.
ARTICLE V. NONCONFOR UTIES
Sec. 110-191. Intent.
(a) Within the districts established by this
chapter or subsequent amendments there exist
lots, structures, placement of structures, uses of
land and structures and characteristics of use
which were lawful prior to enactment of the
ordinance from which this section is derived or
amendment, but which would be prohibited, reg -
Supp. No. 16 CD110:26.2
PLANNING & ZONING BOARD
MEETING MINUTES
OCTOBER 22, 2008
A Regular Meeting of the Planning & Zoning Board was held on October 22,
2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida.
Chairperson Bea McNeely called the meeting to order at 7:00 p.m. The Secretary
called the roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson
Ronald Friedman
OTHERS PRESENT
Kate Latorre
Susan Chapman
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Assistant City Attorney
Board Secretary
Planning & Development Director
1. Approval of Meeting Minutes: September 24, 2008.
Chairperson McNeely announced that the draft meeting minutes were revised.
The Board members reviewed the revision.
Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting
minutes of September 24, 2008, with the noted change. Vote on the motion
carried unanimously.
2, Recommendation to Board of Adjustment Re: Special Exception Request
No. 08-06 to Construct a Single Family Residence in the C-1 Zoning
District, Section 14, Township 24 South, Range 37 East, Lot A.02, Oak
Lane - Bernard M. Lennon, Petitioner.
Barry Brown, Planning & Development Director, advised that this request was a
Special Exception to allow for a single family residence in the C-1 Zoning district;
the property was located on Oak Lane; the parcel was just under one acre; and
currently vacant; property to the north was multi -family, west and south vacant,
and to the east was a single family residence; the surrounding area was
predominately residential; the request for residential use is with keeping in nature
with the surrounding area. He advised that the only concern staff had was the
Oak Street right-of-way.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 2
He explained that the right-of-way was currently unimproved. Evidentially, over
the years they have been dumping asphalt millings to build the roadway up. In
the short-term, the existing roadway should be acceptable for Mr. Lennon's
request. He noted that in the near future there may be another request for a
single family across the street from Mr. Lennon's property. He advised that at
some point, Oak Lane would need to be constructed to City standards; according
to Public Works there was currently a 50 ft. wide right of way; if Mr. Haynes
approaches the City again to construct a townhome development that will been a
good time to bring the road up to City standards; on the south side of Oak Lane,
there were several single family lots that at one time were replatted into
townhome lots, but the project did not proceed and the preliminary plat expired; if
the property owner decides to develop the property into townhome lots, that may
also be the time that the City would decide to require Oak Lane to be brought up
to City standards; Mr. Lennon was happy to use the roadway as it existed; water
and sewer were available; and therefore, staff recommended approval of the
Special Exception request.
Dr. John Fredrickson questioned that at the recent workshops with City Council,
at least two of the City Council members, and two or three members of the
Planning & Zoning Board, swore off accepting special exceptions. He
questioned why the City was still accepting applications. Barry Brown responded
that an ordinance was passed that ended Special Exceptions, for residential use,
in the C-1 zoning district, only on the properties along A1A. He advised that Mr.
Lennon's property was not affected by that ordinance. Kate Latorre, Assistant
City Attorney, verified that Mr. Lennon's request was valid.
Ron Friedman referred to page #6 of the Board packet. He noted that what was
referenced as Oak Lane, did not extend all the way to N. Atlantic Avenue. There
was another parcel (Part of Parcel B and part of Parcel A.07) that would have
normally been the right of way or the road. He questioned if Oak Lane was an
official City road? And if Parcel B and A.07 were owned by two other people,
then Mr. Lennon's lot was a landlocked piece of property, without legal access to
the road. He questioned if the City wanted to have that traveled way upgraded to
a City street, who would pay for it? Barry Brown responded that he spoke with
Public Works and was informed that there was a 50 ft. right of way but, it did
appear that it did not extend all the way to N. Atlantic Avenue. He would
research the City records to verify if the City has some type of agreement across
those properties. He advised that Circle K and LaCantina Restaurant may have
been required to dedicate right of way, at some point, that may not be reflected
on the parcel maps. Ron Friedman pointed out that even though tax maps are
informative; they were not legal in terms of property lines. He recommended that
if the Board recommends approving the Special Exception request that the
approval be contingent upon the City Attorney confirming that there was an
existing legal right of way owned by the City to the property.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 3
Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of
Special Exception Request No. 08-06, contingent upon verification that there was
an existing legal right of way that was owned by the City to the property. The
Board held discussion regarding the motion. Donald Dunn thought that the
motion was to only add the condition, not for recommendation of the Special
Exception. Barry Brown advised that he checked with Public Works and verified
that Oak Lane was a City right of way, but he could not confirm that the right of
way extended to N. Atlantic Avenue. Discussion continued. For clarification,
Assistant City Attorney, Kate Latorre, repeated the motion. Harry Pearson
verified that the motion, as stated, was correct. Chairperson McNeely asked for
a second to the motion. There being none the motion died. Discussion
continued. Kate Latorre researched the County's web site to see if she could
verify the right of way, but was unsuccessful in doing so. Harry Pearson agreed
to withdraw his motion. Donald Dunn withdrew his second to the motion,
Chairperson McNeely announced that the motion was withdrawn.
Donald Dunn questioned if there was any special stormwater runoff, which he
believed there was, because the road was not paved. Barry Brown responded
that at the time Mr. Lennon submitted his site plan he would need to deal with the
drainage, however there was right of way for stormwater to flow in too. John
Johanson advised that Mr. Lennon was responsible for his stormwater retention.
Donald Dunn voiced his opinion that, because there were no curbs or sidewalks,
and the street was not paved, it was not safe. Barry Brown responded that at
some point when there was more development along that road, that could be a
concern, but right now there were no pedestrian issues.- He explained that there
were no residences west of Mr. Lennon's proposed residence. Donald Dunn
stated that he still had a problem with it. John Johanson pointed out that Harbor
Heights only had one sidewalk and that was a developed subdivision.
The Board members reviewed the Special Exception application checklist. Mr.
Lennon verified that he had answered the questions on the application checklist.
Discussion was held regarding storm water runoff; traffic flow and control;
compatibility of surrounding uses; verification that Oak Lane was a public road;
verification of availability for water and sewer; refuse service disposal;
surrounding zoning; and uses.
Bernard Lennon, Petitioner, testified that approximately eight years ago, his title
company held up his title, because they had the same concern, as the Board,
regarding the right of way. His title company had contacted the city attorney, at
that time. After the city attorney researched the issue, he verified that the City
owned the right of way. He noted that the entrance of Oak Lane had a City street
sign; and for a distance of approximately 100 feet, the entrance to Oak Lane
appeared to be built to City standards. He advised that he purchased the
property in 1999.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 4
Donald Dunn questioned at what point the road would be paved. Barry Brown
responded that probably at the time a property owner requested replatting a
property into townhouse lots, or perhaps a condominium development. He
advised that the City did not have a specific code that stated when a road was
required to be brought up to City specifications. He added that the City did not
have any funds available to pave the road.
Motion by Donald Dunn, seconded by Dr. John Fredrickson, to recommend
approval of Special Exception Request No. 08-06, contingent upon the condition
that the City verify access to N. Atlantic Avenue. Vote on the motion carried
unanimously.
3. Recommendation to City Council Re: Section 110-171(a)(2) - Changing
the Requirements for a Restaurant to Serve Liquor from a Minimum
Seating of 200 to 150 Persons - Brigitte Krause, Owner of luy's Bistro,
Applicant.
Barry Brown, Planning & Development Director, advised that this was a request
to amend the City code for the amount of seating that's required for a restaurant
to have a liquor license. This would change the minimum amount of seats to 150
seats. He explained that the City code currently read that the required
separation be 2,000 feet between establishments that were licensed by the State
for on -premise consumption of alcoholic beverages, with the exception of
restaurants seating 200 or more persons. The Florida Statutes only require a
restaurant to have only 150 seats in order to serve liquor. He noted that this was
a request to bring the City code in line with the Florida Statute on the minimum
number of seats required. He explained in comparing the Florida Statutes with
the City code, the Florida Statute addressed the number of liquor licenses that
could be handed -out in a County, and the City code addressed a distance
requirement.
Kate Latorre, Assistant City Attorney, explained that Florida Statute, 561.20,
regulated the number of licenses that the State will issue for serving alcoholic
beverages, and it was based on the County population. One of the exceptions
that the Florida Statute provided was an establishment with a minimum of 2,500
sq. ft. and could serve 150 people at the same time. She explained that the City
code was a distance requirement that limited two establishments within 2,000
feet of each other from receiving an alcoholic beverage license. The City code
exception from that requirement was if a restaurant could seat 200 persons. She
advised that the applicant's request was to reduce the number of required seats
to 150 seats, in order to be exempt from the 2,000 feet distance requirement.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 5
Lamar Russell gave a brief history of when the original City code was written. He
explained that the original code was written back in the Apollo times, when there
was a bar or nightclub at almost every corner, from the Port to the split at Patrick
Air Force Base. After that time, the City changed the code to impose a distance
requirement between like establishments that sold alcoholic beverages, in an
effort to cleanup the town. Later, the code was updated to add an exception from
the distance requirement, which was for restaurants that had a minimum of 200
seats, (which seemed reasonable at the time, because of average restaurant
sizes). He voiced his opinion that he did not have a problem with reducing that
number to 150 seats. Discussion followed regarding restaurants with indoor and
outdoor seating. John Johanson advised that if they were trying to upgrade the
City right now, the City could bring in some nice restaurants, and a liquor license
may help do that. And, changing the code may help with mixed-use as well. He
stated that the way that the economy is right now, these restaurants need all the
help they can get. He voiced his opinion that changing the code was a good idea
for existing restaurants and for the City's future restaurants. Barry Brown noted
that Izzy's Bistro was only licensed by the State for 75 persons, and if they were
going to increase their seating, then that would bring in the parking issue, So if
the code is changed, it does not necessarily make it work for Izzy's. However,
there may be other restaurants throughout the City where the code change could
apply.
Chairperson McNeely questioned if establishments outside the City boundaries
had anything to do with the 2,000 feet requirement? Kate Latorre answered that
the measurements includes any establishment within 2,000 feet, whether inside
or outside the City boundaries.
Harry Pearson referred to page 22 of the Board packet, which stated that the
Florida Statute was amended. He asked when and what was amended? He
advised that no such amendment had taken place; in June of 2006, was when
Section 110-171(a)(2) was established into an ordinance. He did not believe that
the State law had changed since that time.
Discussion was held regarding minimum service area. Lamar Russell advised
that the code did not address a minimum service area. Donald Dunn commented
that maybe they should consider establishing one. Lamar Russell gave a history
on that. He explained that if a restaurant had seating for 200 people that would
pretty well define space for a service area, so the City left that open to the
creativity of the restaurants. Discussion continued.
Planning & Zoning Board
Meeting Minutes
October 2, 2008
Page 6
Dr. John Fredrickson voiced his opinion that he did not have a problem with
reducing the required number of seats, but he did not know how the code change
would help Izzy's Restaurant. He advised that Izzy's currently had 75 seats, and
there was no way they could increase the seating another 75 seats with the room
they had or have enough parking to accommodate another 75 seats,
Ron Friedman noted that non -chain restaurants have one of the highest failure
rates in the Country; and selling alcoholic beverages is a good part of any profit
that they may have, by lowering the seating requirement from 200 to 150 seats,
regardless of what Izzy's may have, may be enough to attract another
independent restaurant that would only want to have 150 seats. He voiced his
opinion that the reduction of 100 or 150 seats could be good to attract non -chain,
non -fast food restaurants into the City. Discussion followed. Kate Latorre
explained that the Board would be making a recommendation to the City Council.
Motion by Dr. John Fredrickson, seconded by Lamar Russell to recommend to
City Council that the request to change Section 110-171 (a)(2) be granted to
reduce the minimum number of required seats from 200 to 150 for a restaurant to
serve liquor to be exempt from the 2,000 ft. distance requirement. Discussion
followed.
Brigitte Krause, applicant, stated her name and address for the record. Donald
Dunn questioned why she brought this request if it did not apply to her. She
responded that, because it was not fair with the business relationship in the City
compared to Cocoa Beach, where she has owned Gregory's Steak and Seafood
Grille for 15 years and has had no problem with serving liquor at all, because
most people usually just have an after dinner drink, or a glass of wine or martini.
She explained that most of the time, patrons don't want to dine at a place that
they only have a choice of beer and wine to drink with dinner. Gary Kirkland,
helping Ms. Krause with this matter, advised that the 75 seats that Izzy's had now
was only a carry-over from the previous restaurant which was called Mangroves.
Since it was taken over, the inside of the restaurant was remodeled. He advised
that the booths and the stage that were taken a lot of space were removed. They
understood that this was only an ordinance change and that a Special Exception
was still required, they would apply for the Special Exception and business
license for 150 seats, if the code is changed. They also understood that there
would be permits required and additional sewer impact fees.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 7
Mr. Kirkland advised that they already tried to make application for a Special
Exception, but were told that they were within 2,000 feet of Charlotte's Web.
They currently had a 2COP license, which was for beer and wine consumption,
and wanted to upgrade that to a 4COP license under the State Statute. He noted
that the State required 51% of sales to be for food consumption for a restaurant
with a 4COP license, so the restaurant could never be turned into a bar.
Currently, the restaurant sales were 80% from food and 20% from beer and wine.
The restaurant was approximately 2,900 sq. feet, which exceeded the State
requirement of 2,500 sq. feet. Mr. Kirkland stated that he was not able to locate
the date that the Florida Statute was revised, however the request was based on
the current Florida Statute.
Harry Pearson advised that his research revealed that the Statute was revised in
the year 2000. He noted that the City changed the ordinance about two years
ago, but could not recall what was changed, however 200 seats was the number
that was voted on. He suggested if they were going to look at changing the
code, they should look at the entire Section 110-171, instead of just picking -out
one little place and changing it. John Johanson questioned what other part of the
code he wanted to change? Harry Pearson voiced his opinion that paragraph
(a)(2) was not the only paragraph in Section 110-171, and that the entire section
should be reviewed. Kate Latorre advised that in 2006, the code Section was
thoroughly evaluated and was rewritten after several workshops and discussions.
Chairperson McNeely commented that there was nothing glaring in the code
section that needed to be changed. Dr. John Fredrickson commented that it was
not the applicant's responsibility to know what the City had done two years ago.
Irrespectively, the request to reduce the minimum number of seating from 200 to
150 was consistent with the State. Harry Pearson responded that the 150 seats
that the State required did not apply to the City. He explained „that they „were no
Ing to` bring the code into compliance with the State law by changing the
seating to 150. Kate Latorre agreed that there were some similarities, but they
addressed different issues and were unrelated. She stated that the City was not
bound to 150 seats. Bea McNeely and John Johanson agreed that 150 seats
sounded reasonable.
Motion passed by a (4) to (1) majority in favor of the motion, with members voting
as follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, for; Harry
Pearson, opposed; and Lamar Russell, for.
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 8
OPEN DISCUSSION
Dr. John Fredrickson commended the Planning & Development Director for the
format of the Project Status Report he provided to the Board, which was readable
and easy to understand. Barry Brown gave an overview of the report, which
gave the status of current submitted applications for: rezonings, special
exceptions, comprehensive plan amendments, site plans, etc. He advised that at
the next meeting, he would have a list that showed different projects that staff
was working on, such as code amendments. He stated that every couple of
months he would provide a status update. Brief discussion followed regarding
various projects.
Barry Brown, Planning & Development Director, gave the Board members an
overview of his job duties. He also reported that he had received a phone call
from the Department of Community Affairs (DCA), who informed him that in
reviewing the Public School Facilities Element, the only comment they had was
the maps that the City submitted for proposed school facilities were outdated.
The reviewer informed him that if the City provided the most recent map that was
approved in Brevard County's submittal, by the end of the week, then DCA would
not review the City's element. He advised that the map was e-mailed to DCA this
morning. He noted that the City could not move forward with adopting any other
elements until the Public Schools Facilities Element was adopted. Discussion
followed.
John Johanson advised that he spoke to the Board approximately five months
ago about the accessory use definition in regards to the Porter project, and it had
never been further defined and should be, Bang Brown responded that it was on
his high priority list after the Capital Improvements Element; however he would
provide some framework to use for Board to discuss. John Johanson
commented that if the City prohibited drive -up doors and windows, it would
prevent more fast-food restaurants from coming into the City, in hopes to
generate nicer restaurants. He asked if the Board members had driven around
the City and identified any areas they did or didn't like as discussed at the
previous meeting. He commented that no one addresses the special exception
areas that people complain about; they don't step-up and talk about trying to
change the code to fix the problems. The Planning & Zoning Board should do
the homework for the City Council, but that has not happened or initiated. It had
always been direction from the City Council,
Planning & Zoning Board
Meeting Minutes
October 22, 2008
Page 9
Barry Brown announced that the City Council scheduled the next sign ordinance
workshop on Thursday, November 6th @ 5:30 p.m., after certifying the election
results.
There being no further business the meeting was adjourned at 9.00 p.m.
Bea Mcne,Qh \person
Susan L. apman, ecreta����
Izz�T
23 February 2009
Barry Brown
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
Re: Requested code amendment of City Ordinance Section 110-171(A)(2).
Dear Mr. Brown:
Enclosed please find additional information regarding our request for modification of City
Ordinance 110-171, as previously presented to the Planning and Zoning board:
"Sec. 110-171. Establishments serving alcoholic beverages.
" (2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment . Provided, however, exceptions to this
subsection are:
a. Restaurants seating 2 -GA 150 or more persons."
The proposed change would satisfy the intent of the original ordinance while providing a
reasonable exception for restaurants. The following pages contain key discussion points, a
comparison of related city ordinances and a list of comparable area restaurants that offer
cocktail service.
Thank you in advance for your time and consideration.
Sincerely,
I�kv au � t
Brigitte Krause
Owner
Izzy's Bistro
Page 1 of 5
TzzY
n r r. c
Key Discussion Points
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
• Izzy's Bistro's intent is to provide an upscale restaurant to local residents and visitors to
Cape Canaveral. Our focus is on fine dining and we have no intent to operate as a bar
or nightclub. Many of our customers ask for cocktails with dinner.
• izzy's Bistro is currently not allowed, under city ordinance Sec. 110-171(2), to provide
full liquor service due to proximity to Charlottes Web (bar/tavem) and Club Lido (adult
entertainment, located outside of city limits).
• Izzy's Bistro and other restaurants within the City of Cape Canaveral must compete with
restaurants in nearby Cocoa Beach and Port Canaveral for business. The current
ordinance presents a major competitive disadvantage.
• Populations of Cape Canaveral (--10,500) and Cocoa Beach (-12,500) are similar (2005
population data from www.idcide.com/citydata/fl). Excluding hotel properties in both
cities, Cocoa Beach offers twenty-one (21) comparable moderate to upscale restaurants
with liquor service, while Cape Canaveral offers none. Port Canaveral offers an
additional four (4) choices.
• While there are a number of full -liquor bars and taverns within the Cape Canaveral city
limits, the only full-service restaurant offering cocktails is Flamingo's (located within and
operating under the license issued to the Radisson Resort), which caters more to hotel
guests than local residents.
• An informal survey of customers at our other property (Gregory's) in Cocoa Beach
indicate that most are aware of Izzy's Bistro, but would prefer to dine at other restaurants
in Cocoa Beach or Port Canaveral which provide cocktails with dinner.
Page 2 of 5
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
100Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlodda.com
Comparison of city ordinances related to businesses serving alcoholic beverages:
Cape Canaveral
• Distance requirement; 2000 feet between any licensed establishments (including
establishments outside of city limits). Exceptions provided for restaurants seating more
than 200, and hotels. No other distinction between restaurants, bars/taverns and
businesses outside of city limits.
• From Sec. 110-171. Establishments serving alcoholic beverages.
" (2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment ... Provided, however, exceptions to this
subsection are-
a. Restaurants seating 200 or more persons.
b. Hotels and motels which are approved in accordance with City Code."
Most, if not all, full-service restaurants in the city are located within 2000 feet of another licensed
establishment. We know of no existing restaurants within the city limits that would be able to
meet the current exception in (2)a.
Cocoa Beach
• Previous city code (repealed in 2003) contained distance requirements applying to
schools and churches:
Sec. 3-9. Distance from church or
No person shall operate a place of business for the sale of
alcoholic beverages within the city which is located within
four hundred (400) feet of an established church or school,
and no license shall be issued for the operation of any such
business within the prohibited area. (Ord. No. 30-A, § 4,
• City Ord, No. 1349, § 12, adopted Feb. 20, 2003, repealed § 3-9 in its entirety, which
pertained to distance from church or school and derived from Ord. No. 30-A, § 4,
adopted Sept. 9, 1948.
Page 3 of 5
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
400Phone (321) 783-4548
Fax (321) 783-8050
Email: info@IzzysBistroFlorida.com
Comparable area restaurant locations with active full-service liquor (4COP) licenses
(Obtained via city search of Florida Department of Business & Professional Regulation Licensee
database)
Excludes hotel properties (see next page), barsltavems and other (non-4COP) license types.
Cape Canaveral
None
Port Canaveral:
1. Fishlips Waterfront Bar & Grill
2. Grills Seafood Deck & Tiki Bar
3. Ron Jon Surf Grill
4. Rusty's Seafood and Oyster Bar
Cocoa Beach
1. Atlantic Ocean Grille (Cocoa Beach Pier)
2. Azteca Two
3. Bunky's Raw Bar
4. Captain Js
5. Cocoa Beach Surf Company (Shark Pit)
6. Coconuts on the Beach
7. Discovery Beach Cafe
8. Durango Steakhouse
9. Florida's Finest Seafood Bar & Grill
10. Gregory's Steak & Seafood Grille
11. Heidelberg Cafe
12. Italian Courtyard
13. Lobster Shanty
14. Mango Tree
15. Paddy Cassidys
16. Pig & Whistle
17. Siam Orchid
18. Slow & Low Barbeque
19. Sunset Cafe
20. The Surf Bar & Grill
21. Yen Yen
All of the above Cocoa Beach and Port Canaveral restaurants operate within 2000 of other
licensed establishments and would be disallowed under the Cape Canaveral ordinance.
Satellite Beach
1. Bunky's Raw Bar & Grill
2. Cove Restaurant
3. Dove Restaurant
4. Enigma Casual Fine Dining & Libation
Page 4 of 5
►/► Y
R I y T P U
Hotels with 4COP licenses:
Cocoa Beach
•
Best Western
•
Comfort Inn
•
Courtyard by Marriott
•
Four Points Sheraton
•
Hilton Inn
•
Holiday Inn
•
Howard Johnson Plaza
•
Inn at Cocoa Beach
•
La Quinta Inn
6615 N. Atlantic Avenue
Cape Canaveral, FL 32920
Phone (321) 783-4548
Fax (321) 783-8050
Email: info@lzzysBistroFlorida.com
Cape Canaveral
• Radisson Resort (includes Flamingos Restaurant)
• Residence Inn
Page 5 of 5
REQUIREMENTS FOR
RESTAURANTS SERVING ALCOHOLIC
BEVERAGES MATRIX
June/2009
Cape
Brevard
Satellite
Cocoa
Canaveral
Cocoa
County
Beach
Beach
Special
Exception
Yes
Yes
Yes
Yes
No
Required?
with
exceptions
Minimum
300
300
300
500
300
Distance
S, C, P
S, C, P
S, C, P
C
C, S
From
unless a
1,000
Schools (S)
restaurant
S, P
Churches (C)
with more
none if
Playgrounds (P)
than 50 seats
2COP
Minimum distance
2000
None
None
None
None
from another
establishment
selling liquor
Minimum
Seating to
100
None
None
None
Serve
u
excluding
Liquor
seats or
stools in
lounge area
Izzy's Bistro
Compliance Issues
June 22, 2009
Should Izzy's Bistro be successful in pursuing a code amendment to adjust the minimum
number of seats required for a restaurant to be exempt from the 2,000 -ft. radius measurement,
the following compliance issues will need to be addressed:
A Special Exception for alcohol consumption will need to be approved by the City.
In order to obtain the special exception, all applicable City code requirements will
need to be met. The following code requirements may be particularly challenging,
given the size of the restaurant and the available parking:
a. The number of seats will need to be consistent with the new requirement
b. The number of seats cannot exceed the occupant load for the structure.
c. The number of seats cannot exceed the parking provided.
d. The restaurant must have at least 2,000 sq. ft. in area.
e. An impact fee payment of $292.23 will be required for each additional seat
requested.
We will be happy to perform a preliminary courtesy review to determine if the above
compliance issues can likely be met. The applicant will need to provide the following
information:
A dimensioned drawing showing the main assembly area of the restaurant with
the proposed number of seats shown.
A dimensioned drawing showing the overall building (including the area for
each tenant in the building) and all parking spaces on site.
A narrative description of the assignment of parking spaces for each tenant at
the plaza.
Notes:
1. The drawings for the preliminary courtesv review do not need to be created by a design
professional — all they need to do is adequately convey the requested information.
2. All parking spaces, in order to qualify, must be at least 200 sq. ft, in area.
3. The code requires one parking space for every three seats.
4. The City code allows offsite parking. Additional requirements apply.
5. Our Local Business Tax Receipt records indicate that Izzy's Bistro has a State License
for 75 seats. To increase from 75 to 150 seats would be an additional 75 seats. The
sewer impact fee assessment would be calculated on this amount of additional seats
(75 x $292.23 = $21,917.25)
STATE OF FLORIDA
OP jl7T!7,7NR.13jq ANY) PROF'11:8810NAb RsOULATION
r(.,)N oji,
DATE SAMINUMBER
0 10 4 -2,9 9 8 7 �8 E A 105175 2 NBR. OF SEATS: 75
"N'to SEATIN0 1100t) SERVICE (2010) NON-
Nametd biglow IS L'ICEN32D
Unclov tho provioloam of cha ter 509. FS. TRANSFERABLE
Kxpiration dAtot APR /I., 2QO3
BJBK CAPE XNC
IZZY'S tISTRO
6615 N ATLANTIC AVE
CAPS CANAVERAL FL 32920
CHARLIE CRIST CHUCK DRAGO
OMMOR tNTZRfM SECRETARY
y
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
1940 `� »t NORTAWOODHCE REE STREET
TALLAHASSEE FL 32399-1015
BJBK CAPE INC
IZZY'S BISTRO
6615 N ATLANTIC AVE
SUITE C
CAPE CANAVERAL FL 32920
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business In order to serve you better.
For information about our services, please log onto www,myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
AC# ' '� O'^ C -�
,, —,. r J
DETACH HERE
STATE OF FLORIDA
850-487-1395
STATE OF FLORIDA AC# t 3 g 4 9 6 3
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
SEA1505172 04/28/09 087061845
SEATING FOOD SERVICE (2010)
SJBK CAPE INC
IZZY'S BISTRO
IS LICENSED under the provisions of Ch. 509 FS.
srpiratloc date, APR 1, 2010 L09042800714
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF HOTELS AND RESTAURANTS
SEQ# L09042800714
LICENSE NBR
04/28/20091087061845 ISEA15OS172 NBR
The SEATING FOOD SERVICE (2010)
Named below IS LICENSED
Under the provisions of Chapter 509 FS.
Expiration date: APR 1, 2010
BJ'BK CAPE INC
IZZY'S BISTRO
6615 N A'T'LANTIC AVE
CAPE CANAVERAL FL 32920
EATS: 150
NON -
. TRANSFERABLE .
CHARLIE CRIST CHARLES W. DRAGO
0_n17 vXTno SECRETARY
DIVISION 3. IMPACT FEES
See. 78-121. Established.
There shall be paid an assessment to defray the cost and expense of collection,
transmission, treatment and disposal of sewage and for necessary equipment, repairs, replacement
and additions and for an new sewer plant expansion for the cit Such assessment shall be for the
f Y P P Y�
sewer system on all new construction and all structures initially connecting to the city sewer
system. The assessment schedule shall be as set forth in appendix B to this Code.
(Code 1981, § 535.01; Ord. No. 5-92, § 1, 5-5-92)
See. 78-128. Change of use.
Any structure or use of structure which is modified such that the sewer impact assessment
is greater than the amount for which the initial impact fee was computed, the owner shall be
assessed additional impact fees in accordance with section 78-121. For any change of use which
increases the original impact fee for which the building was constructed, the owner will be
assessed additional impact fees in accordance with section 78-121. For any change of similar use
which increases the number of units (per seat, per worker, per square feet of floor space, etc.)
within the establishment, the owner will be assessed impact fees only on the additional number of
units proposed to be constructed, in accordance with section 78-121.
(Code 1981, § 535.05; Ord. No. 23-96, § 5, 12-3-96)
Chapter 78. Utilities
Article 11. Sanitary Sewer System
C)
Impact fees:
78-129
f.
Food service operations:
1.
Restaurant, per seat..........
292.23
2.
24-hour restaurant, per seat..........
438.35
3.
Bar and cocktail lounge, per seat..........
174.87
4.
Drive-in restaurant, per car space..........
292.23
City Council Meeting Date: July 7, 2009
Item No. 7
Subject:
Request for Satisfaction or Release of the pending Code Enforcement Lien for
Avon Terrace LLC, c/o David B. Daley
Department: Building
Summary:
At the Code Enforcement Hearing on May 21, 2009, the Board recommended that the
City Council satisfy the pending Code Enforcement Lien in the amount of $500.00 for
the removal of two Norfolk pine trees that were damaging the property.
Requested Council Action:
Consider the request for satisfaction of the pending Code Enforcement Lien in the
amount of $500.00 as recommended.
Financial Impact:
Pending lien: $500.00 and
Staff costs in the amount of $405.84
Attachments: 0 Supporting Documents Reviewed
Board Recommendation, Draft Board Meeting Minutes, Application for Release of Lien,
Code Enforcement Board Order, Notice of Violation, Tree Hazard Evaluabon Form, and
Tree Replacement Plan.
Submitting Department Head: Todd Morley, Building OW Date: June 5, 2009
Approved by City Manager: Date: !y
City Council Action: [ ] Approved) as ecommendled' [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
MEMO
COMMUNITY DEVELOPMENT
DEPARTMENT
DATE: June 5, 2009
To: Bennett Boucher, City Manager
Cc: Todd Morley, Building Official
From: Duree Alexander, Code Enforcement Officer
RE: Approximate Administrative Costs Incurred
Code Enforcement Case #09-00036
Avon Terrace, LLC c/o David Daley, R.A. (Property Owner)
DATE
ITEM
AMT.
04/03/09
Initial Site Visit- chart- Kay McKee)lbr.
$ 95.00
04/03/09
Meeting Staff Time Alexander -Dale .5 hr.
$ 15.00
am or
Can AANAVMtAL
MEMO
COMMUNITY DEVELOPMENT
DEPARTMENT
DATE: June 5, 2009
To: Bennett Boucher, City Manager
Cc: Todd Morley, Building Official
From: Duree Alexander, Code Enforcement Officer
RE: Approximate Administrative Costs Incurred
Code Enforcement Case #09-00036
Avon Terrace, LLC c/o David Daley, R.A. (Property Owner)
DATE
ITEM
AMT.
04/03/09
Initial Site Visit- chart- Kay McKee)lbr.
$ 95.00
04/03/09
Meeting Staff Time Alexander -Dale .5 hr.
$ 15.00
04/04/09
Staff Time Research Alexander 1 hr
$ 60.00
04/07/09
Staff Time —N.O.V. Alexander 1 hr
$ 60.00
04/23/09
Staff Time Code Board — (Alexander &
Lombardi) 1 hr ea.
$ 85.00
05/21/09
Staff Time Code Board — (Alexander &
Lombardi) 1 hr ea.
$ 85.00
mailing!
$ 5.84
TOTAL
$ 405.84
,,,
.........%.............
. /......, ,�,,,/.../..iii.....
cmr Of
CAM CANAVE"L
Date: May 22, 2009
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary
Re: Recommendation to the City Council (Satisfaction or Release of Lien)
----------------------------------------------------------------------------------------------
On May 21, 2009 the Code Enforcement Board reviewed the Case No. 09-00036.
By a unanimous vote, the Board recommended that the City Council grant the
Satisfaction or Release of the outstanding lien in the amount of five hundred dollars
($500.00).
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (32t) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
2. Case No. 09-00025 -Violation of Section 102, Veoetation: Section 102-
38 a b 1 Enforcement and Penalties; Section 102-39fa), Permit Re uired:
Section 102-40(x)(6), Permit Criteria, of the City of Cape Canaveral Code of
Ordina ce 6615 N. Atlantic Ave. Vacant area located i to the North — Supr
Color Enter rises Inc.,c/o Kurt Tezel R.A. (Anglication, for Satisfaction or
Release of Code Enforcement Lien)
Code Enforcement Officer, Duree Alexander provided a brief ov of the Case
history for the Board's review.
Officer Alexander stated that the respondent is requesting t 'the (Code cement
Board recommend that council satisfy the lien in the am thirty-fourth 'nd
seven hundred and thirty-five dollars ($34,735.00). S" her stated that on zilian
pepper trees were removed and the respondent ha lied for nd-cleari'ng it,
The respondent was not present at the meeting.
Motion by Mr. Viens, seconded by Mr. H
lien in the amount of thirty-four thousand
($34,735.00). Vote on the motion carried
3,
Code
histor
Office
Board r
($500.00
were a o+
Z
Alexander provided a brief overview of the Case
rider state' at th�"'spondent is requesting that the Code Enforcement
mend that ncil satisfy the lien in the amount of five hundred dollars
L,ha
further ted that the trees were causing damage to the property and
o the residents.
Mr. Daley stated4fiat he was not aware that a permit was required to remove the trees.
He requested that the Board grant his request for the satisfaction of the lien to the City
Council.
Motion by Mr. Vens, seconded by Mr. Hale, to recommend that City Council satisfy the
lien in the amount five hundred dollars ($500.00). Vote on the motion carried
unanimously.
arYLt(jAN 1: HL%LJ/tl
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_ llATE:
ADDRESS: /SO c
�/JSO�J
�lJ 26 1fly
CITY: ('A4 . —r,, I4 oo,; ( i STATE: ZIP:
NATURE OF VIOLATION(S): _ F�J-��,-�4/ O� 7'10o 7RKF-`1
ADDRESS OF SUBJECT PROPERTY: /Sn &—,p (nn/.
9,(`��
DATE FINE/LIEN fMPOSED: 3 AMOUNT: YY� � /DAY OR TOTAL
COMPLIANCE DATE: i�?n_oi ,U e�I Sherr 21
RELIEF REQUESTEDf5ATISFAC11ZW REDUCTION (Circle one) IF REDUCTION, THE APPLICANT
PROPOSES S AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(If more space is needed add additional pages)
u / o r
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
;If more space is needed add additional pages)
ME REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
'RiOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add
NY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
ICLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
-DUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages)
Dale:
Applicant's Signature
as iaentuicatior� ana wno atter oetng glace under oath, swore or anirmw the
information contained within this application is true and correct,
APPLICATION FEE:$ 160,C�
Notary Public
FOR STAFF USE ONLY
RECEIVED BY CITY ON 5 / /--S 16f
COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON
CODE ENFORCEMENT REVIEW ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES
ACTION OF CITY COUNCIL: APPROVE, _ DENY; - APPROVE WITH FOLLOWING
CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE NIET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
0
t 9ivt.4
r, R T1 E.
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Avon Terrace LLC, c/o David B. Daley, R.A.
Owner of the Property located at:
150-164 Johnson Avenue
Cape Canaveral, FL 32920
Case #09-00036
LEGAL: AVON TERRACE CONDO AS DESC IN ORB 1643 PG 647 AND ALL AMENDMENTS THERETO PB 0003 PG 0007
Respondent,
I
ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on April 23, 2009 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Finclincis of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 102-39(a), Permit Required, of the City Code; exists or
existed upon the Property;
3. That Respondent requested to be heard before the Code Enforcement Board
and was present at the hearing;
7510 N. Atlantic Avenue • post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
the City Code, to wit: Section 102-39(a), Permit Required, of the City Code;
5. That given the character of the violation, there is no opportunity for compliance
and as such, no compliance hearing will be scheduled.
6. That said violation exists within the City of Cape Canaveral and that such
constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. A fine will be entered in the amount of five hundred dollars ($500.00) per Section
102-38(b)(1);
2. The Clerk of the Code Enforcement Board shall record a certified copy of this
Order in the public records for Brevard County, Florida, which shall serve as a lien against the
Property and any other real or personal property owned by the Respondent;
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of April, 2009.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary RussebChairperson
,r, r
//////ray .. ri ..rail///iii i, r / // ✓. ,��� //%/%// /////iii ri rr ,r.. ri ... , ri / / 1,..,,�������%//% ...,rrr//%%/. %// ,,,,,,,,,,,,,,/%%%%%//. /%/ //_.
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Avon Terrace LLC, c/o David B. Daley, R.A., Respondent
City of Cape Canaveral, Case File
I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty
on First Violation has been furnished by certified mail to the Respondent (s) and/or
Respondent's authorized representative on this 99 day of fIP�� l , 2009.
,/ X��
Joy LMhbardi, Board Secretary
Duree Alexander, Code Enforcement Officer
�111111✓ i iirii ..i� � i
COBE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
NOTICE OF VIOLATION
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owner(s) of the property located at:
150 JOHNSON AV - 164
Respondent(s):
Avon Terrace LLC
c/oDavid B Daley R.A.
Case No. 2009-00036
4/07/2009
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of
violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below.
Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below
is/are to be voluntarily performedwithin fifteen (15) days.
In the event that the violation(s) is/are not corrected within the time period set forth above or the
violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be
required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a
penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s)
and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each
repeat violation described in this notice until the violation(s) has/have been corrected. IF THE
VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S)
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION.
1. Property where violation(s) exist(s):
150 JOHNSON AV - 164
2. Name and address of owner(s) of property where violation(s) exist:
Avon Terrace LLC
c/o David B Daley R.A.
850 N Atlantic Ave. Unit D-304,
Cocoa Beach, FI. 32932
105 Polk Avenue • Posc Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone; (321) 868-1222 • SUNCOM: 982-1222 * FAX: (321) 868-1247
www.,myflorida.com/cape • emad: ccapecanaveral@cfl.rr.com
i
visit revealed two trees had been cut down in violation of the City of Cape Canaveral Code of Ordinances
Chapter 102, Section 39, Permits as described below.
3. Description of Violations) at property: Sec. 102-39, "Permits"
Sec. 102-39. Permits.
(a) Permit required. No person shall engage in tree removal or engage in land clearing within the
city without obtaining a land clearing permit required by this division and issued by the building official. If a
property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall
be responsible for obtaining the permit required by this division prior to the tree removal or land clearing.
Sec. 102-38. E=nforcement and penalties.
(a) Enforcement. The city may enforce the provisions of this division by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement
board or special master, and seeking injunctive and equitable relief. For purposes of determining the
penalties provided under this division, the removal or death of a tree in violations of this division shall be
deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate
violation. It shall also be a separate violation of this division for each tree removed without a permit.
(b) Penalties. In addition to all other remedies set forth in this division, one or more of the following
civil fines shall apply to violations of this division:
(1) Failure to obtain a permit required by section 102-39 or section 102-40.5. Fine of $250.00 per
tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet
cleared.
(2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed
$5,000.00 per tree.
(1) $250.00 x 2 = $500
(2) $100.00 per dbh x (1) @ 24" _ $2,400.00
$100.00 per dbh x (1) @ 12" _ $1,200.00 Total: $4,100.00
Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program
(b) Administrative interpretation appeals. Any person adversely affected by an administrative
interpretation of this division by the building official may first appeal that interpretation to the city manager
by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The
city manager shall decide said appeal within five business days. Any person adversely affected by an
administrative decision of the city manager under this division may appeal that interpretation to the city
council by filing a written notice of appeal of said interpretation within 30 calendar days of said
interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the
administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of
the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the
mandatory time periods required for the notice of appeal, the time periods required for a decision may be
extended by mutual agreement between the city and the person filing the notice of appeal. The appeal
procedure under this subsection shall be the exclusive method for appealing an administrative
interpretation decision made under this division.
(a) Violations require remedial action. Where tree removal or land clearing violations of this
division have occurred, remedial action shall be taken to restore the property consistent with a restoration
plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or
agreements approved by the city council. The restoration plan shall require mitigation of any other damage
to the property, as well as tree replacements. The restoration pian shall be in addition to any civil penalty
imposed by the city under section 102-38 of this division.
(b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage
in violation of this division must be replaced by either a comparable size and desirable type of tree as
listed within this division or providing a contribution to the tree bank equal to four times the contribution
listed on table 1 or planting four preferred plants listed within section 102-54 before issuance of a
certificate of occupancy or certificate of completion.
4. Recommendation to correct the violation(s) described above:
You must apply for a permit, pay the fines and submit a remedial plan to Todd Morley, Building
Official for approval.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations
contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
Cape Canaveral. 1321-868-1222)
Michael Richart
Code Enforcement Officer
^' rGlIU1G t �jIGG t • Id1gr-L nd.CdrU
NOwner: public 4_ private unknown other Potential of part Rating Rating
Date: _.y '% ' 09 Inspector: err L-i:a1 �rvt'r �,� - l �Y, (,�c/E//3 Immediate action needed
s c Needs further inspection
Date of last inspection: ar) u � r1
TREE CHARACTERISTICS Dead tree
Tree p: L� Species: � � l�tE y!% /f/ �C��C�,� ��� i�rr/ /i r/ v—;'
�BH: i r fi of trunks: r7 _ Height Spread:
Form: gen Al metric C minor asymmetry C major asymmetry O stumps rout u stag -headed
� D 9
N Crown class: dominant ❑ co -dominant ❑ intermediate CI suppresse
Live crown ratio: /�y % Age class: O young _term -mature mature G over mature/senescznt
Pruning history: O crown cleaned excessively thinned - toeeed O crown raised O pollarded O crown reduced O flush cuts C cabled/braced
O none C multiple pruning events Approx..3a:es:
—y Special Value: O specimen O hentage/historic ❑ wildlife r unusual O street tree O screen ❑ shade ❑ indigenousprotected by gov. agency
of
TREE HEALT�n�qofiaf
Foliage color. O chlorotic ❑ necrotic Epicormics? 6) N Growth obstructions:
Foliage density normal ❑ sparse Leaf size: ` normal O small stakes ❑ wire/ties O signs O cables
Annual shoot growth: O excellent average ❑ poor Twig Dleback? Y 1F11) Q"curb/pavement �❑ guards
Woundwood development ❑ ex lent average ❑ poor O none [her Ii
Vigor class: ❑ excellent Y average _ fair n poor
Major pests/diseases. 5 ✓ 1ci
SITE CONDITION
Site Character. residence O commercial C irouszrial C park Cl ope pace O natural C1woodlandVorest
Landscape type: O parkway ❑ raised bed C1 container O mound lawn ❑ shrub border C :wind break
9
Recent site disturbance?❑Yd4 �ate O inadequate G excessive O drunk wettled
construction ❑ soil ats irbance O grade change O line clearing = site clearing
% dripflne paved: 00.0 10-25% 25-50°0 50-75% 75-100% Pavement Iltted? `( N
dripllne w/ fill soil: 0°° ;0-25:,16 25-50% 50-75% 75-100%
dripflne grade lowered: 000 10-=hty
5-50°0 50-75% 75-100%
Soil problems: O drainage O shallow ❑ compacted O saline O alkaline O acidic O small volume O disease center ❑ history of f 1
- - - O clay O expansive --slope aspect:
Obstructions: O ligrsinoletree
O signage Cline -of -sight O view O overhead lines ❑ underground utilities ❑ traffic O adjacent veg. - r '.Y' 11
Exposure to wind: ❑ bel w canopy ❑ above canopy ❑ recently exp ed O windward, canopy edge O area prone to windthrow
Prevailing wind direction: w Occurrence of snow/ice storms never 0seldom O regularly
TARGET
Use Under Tree: dbuilding O parking =traffic LAS pedestrian Ore creation andscape 0 hardscape Ll small features O utilitylines
Can target be moved? Y Can use be restricted? Y
Occupancy: O occasional use ❑ interm{ttent use ❑ frequent use constant use
The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
IIUUt piUI I G Y. VIJI•QIIYY II rr, Yl1.1.1.
Restricted root area: O severe CD/moderate O low Potential for root failure: O severe moderate O low
LEAN: deg, from vertical 0natural 0unnatural Oself-corrected Soil heaving: Y IN
Decay in plane of lean: Y N Boats broken Y LU' Soil cracking: Y (N.
Compounding factors: Lean severity: O severe O moderate O low
CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, i = low)
DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES
Poortaoer 1
80'n. sweep
Codominantsiforks
Mufti le attachments — C`
Included hark { /, tt— { C -
Excessive end weight
Cracks/splits I
Hangers
Girdlin —
Wounds/seam
Decav
Cavity
Conks/mushrooms/bracket
Bleeding/sap flow
Loose/cracked bark
Nesting hole/bee hive
Deadwood/stubs
Borers/termites/ants
Cankersi alls/burls
Previous failure
HAZARD RATING
Tree part most likely to fail: failure potential: 1 - low; 2 - medium: 3 - high; 4 - severe
inspection period: annual biannual other ') Size of part: t—
_6uur� Potential + Size of Part + Target Rating = Hazard Rating 3 . 18-30" (45-75 cm); 4 - >30" (75 cm)
Target rating: 1 - occasional use; 2 intermraent use;
+ + -
3 -frequent use; d -constant use
HAZARD ABATEMENT
Prurre: C remove defective part C reduce end weight O crown clean O thin O raise canopy O crown reduce O restructure O shape
_Cahle"Brace: _ Inspect further. O root crown O decay O aerial O monitor
Remove tree: Y N Replace? Y N Move target: Y N Other. -
Effecl on adjacent trees: O none O evaluate-- (/
Notification: O owner O manager Q oveming agency Date:
COMMENTS - -
i ,, , , , , , , , ,, , , y ,;�, , , ',, , , , , , ; , ,, , , , , , %%�������������, a ,/lfiiiiiiii ��, „� /lir ����� /%/�,,,,,,//////�������iliiii//%�iiiiiiii%%%/ll/��✓rviii %%i��iii/a�iiiiiiiiiiaiiiiiii/
150 — 165 Johnson Ave,
Cape Canaveral ,FL 32920
Avon Terrace LLC
C/O David Daley, R. A.
Summary of violation: Two trees were removed— One 23"Norfolk Pine and one 13"
Norfolk Pine for a total of 36" dbh
The replaced trees are to be planted in accordance with all applicable ordinance guidelines,
including:
• They shall have at least equal shade potential *(palm trees have equal shade potential as
Norfolk Pines),
• screening properties *(palm trees have equal screening properties as Norfolk Pines),
• The size of replacement trees are to be made according to the tree replacement standards
set forth in table 1,
• The species shall be desirable trees
• Per 102-43-(6)(f) Diversity of species. To the extent feasible, I wilt endeavor to plant no
more than 25 percent of the replacement trees from a single species.
• Per 102-49 (b) Tree replacement remediation requirements Each tree destroyed in
violation of this division will be replaced planting four preferred plants listed within
section.
Per the table:
The 23" tree — I choose to mitigate with 4 ea. palm trees
The 13" tree — i choose to mitigate with 3 ea. palm trees, modified by 102-49(b) to four
Total: 8 palm trees, minimum dbh of 4"
Due to the fact that the tree preservation code is scheduled to undergo a revision soon, I am
requesting that I be given until 12/31/09 to perform the remediation, with the understanding that
I would be governed by all ordinance modifications.
Please let me know if this remediation plan is acceptable.
Sincerely,
David Daley
ity L ouncii meeting nate: juiy t,
Item No. 8
Subject:
CONSIDERATION: DESIGNATION OF A VOTING DELEGATE FOR THE FLORIDA
LEAGUE OF CITIES ANNUAL CONFERENCE.
Department: LEGISLATIVE
Summary:
City Council to designate a voting delegate for the Florida League of Cities Annual
Conference.
Requested Council Action:
See attached correspondence. Please advise.
Financial Impact:
N/A
Attachments: ® Supporting Documents Reviewed
Florida League of Cities letter.
Submitting Department Head:
Date:
Approved by City Manager:
Date:
id
.....__ �..
-Citi-cc;�n. Action: [ ]Arove_w as,ecommended
cil pp
[ ] ®ilsapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
301 South 8ronough Street • Suite 300 • P.O. 8ox 1757
7 •Tallahassee, Ft 32302.1757 • (850) 2229684 •Fox (850) 222.3806 • www.flcities.com
TO: MunicWKeyfficial
FROM- Michaxecutive Director
DATE= June 1, 2009
SUBJECT: 83rd Annual Conference — Florida's Cities — the Heart of the Citizen
VOTING DELEGATE AND RESOLUTION INFORMATION
August 13-15, 2009 — Orlando World Center Marriott/Orlando
As you know, the Florida League of Cities' Annual Conference will be held at the Orlando
World Center Marriott in Orlando, Florida on August 13-15. This year we are celebrating
Florida's Cities — the Heart of the Citizen which will provide valuable educational
opportunities to help Florida's municipal officials serve their citizenry more effectively.
It is important that each municipality designate one official to be the voting delegate. Election
of League leadership and adoption of resolutions are undertaken during the business meeting.
One official from each municipality will make decisions that determine the direction of the
League.
In accordance with the League's by-laws, each municipality's vote is determined by
population, and the League will use the Estimates of Population from the University of
Florida for 2008.
Registration materials have already been sent to each municipality. Call us if you need
additional copies. The League adopts resolutions each year to take positions on
commemorative, constitutional or federal issues. We have attached the procedures your
municipality should follow for proposing resolutions to the League membership. A resolution
is not needed to become a voting delegate. If you have questions regarding resolutions, please
call Allison Payne at the League at (850) 701-3602 or (800) 616-1513, extension 3602.
Proposed resolutions must be received by the League no later than July 9, 2009.
If you have any questions on voting delegates, please call Gail Dennard at the League (850)
701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by
the League no later than July 27, 2009.
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolution
President Carmine Priore, Vice Mayor, Wellington
First Vice President John Marks, Mayor, Tallahassee • Second Vice President Joy Cooper, Mayor, Hollandale Beach
Executive Director Michael Sittig • General Counsel Harry Morrison, Jr.
83rd Annual Conference
Florida League of Cities, Inc.
August 13-15, 2009
Orlando, Florida
It is important that each member municipality sending delegates to the Annual Conference of
the Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By -Laws requires that each municipality select one person to serve
as the municipalities voting delegate. Municipalities do not need to adopt a resolution to
designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
Municipality of:
AUTHORIZED BY:
Name
Title
Retum this form to:
Gail Denn.ard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 83rd Annual Conference
Orlando World Center Marriott
Orlando, Florida
August 13--15, 2009
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League
office by July 9, 2009, to guarantee that they will be included in the packet of
proposed resolutions that will be submitted to the Resolutions Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee. (Whenever
possible, multiple resolutions on a similar issue will be rewritten to encompass the
essential subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. Jn addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the
Resolutions Committee at the conference; however, all state legislative issues will
be considered by the standing policy councils and the Legislative Committee, prior
to the membership, at the annual Legislative Conference each fall. At that time, a
state Legislative Action Agenda will be adopted.
Municipalities unable to formally adopt a resolution before the deadline may submit a
letter to the League office indicating their city is considering the adoption of a resolution,
outlining the subject thereof in as much detail as possible, and this letter will be forwarded
to the Resolutions Committee for consideration in anticipation of receipt of the formal
resolution.
Important Dates
May 30, 2009
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
June 30
Appointment of Resolutions Committee Members
July 9
Deadline for Submitting Resolutions to the League office
August 13
League Standing Council Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 15
Immediately Following Breakfast — Pick Up Voting Delegate Credentials
Followed by Annual Business Session
City Council Meeting Date: July 7, 2009
Item No. 9
Subject:
CONSIDERATION: REQUEST FOR STATE AND FEDERAL TRANSPORTATION
PROJECT FUNDING.
Department: LEGISLATIVE
Summary:
Attached is last year's project list and ranking.
Requested Council
Action:
City Council to prepare and approve a transportation project list to be submitted to the
Space Coast Transportation Planning Organization, TPO (formerly Brevard Metropolitan
Planning Organization, MPO). Please advise.
.. ......
Financial Impact:
Attachments: ® Supporting Documents Reviewed
Project List and Instructions.
Submitting Department Head: Date:
Approved by City Manager: Date: ?/,, �/c
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
%%%%�aiiiiiiiiiiii�iiiiiiiiiiiii///iiiiiiiiii/�iiiiiiiiiiiiiaiiiiiiiiiiiiiiJi/iiiiiiiir,, ,,,,,: r �� „ ;,,,, i. iii „� � i! �! ,,,,,,,,,,�,/i ,�//r i ,,,,il,,,//✓/ ///,,,// ,�/,,, , ,�, {//, l,,// //,,,, ;.: ,,,,,,,,,,,,,,,,,�,/% _.
FY 2011 — 2015TIP
IP
GENERAL: The "Request for State and Federal Funding" form should be used by any local
government or transportation agency to nominate an improvement project that will require State
and/or Federal funds to implement. The form provides information on transportation
improvement needs so that the TPO and its committees may realistically and fairly evaluate one
project relative to others of the same general type. The form should not be used for projects
relying entirely on local revenue, for transportation enhancement projects, traffic operations
projects or for projects using funds allocated by formula directly to agencies such as SCAT,
airports, the port or the spaceport.
A separate fonn should be completed for each candidate project. Please include a response to
each item even if the response is "N/A." For your convenience, the completed form(s) may be
transmitted back to the TPO either by mail [Space Coast TPO; 2725 Judge Fran Jamieson Way;
Bldg. B; Room 105; MS #82; Viera, FL 32940], e-mail Isr)saii.ditta(c�'lI) cvar(icounty.tis] or
FAX [321-690-6827]. TPO staff will compile this information for review and consideration at
the "Project Priority Review" meeting at 1:30 p.m. on July 14`h in the Atlantic Room (3`d floor,
Building C) at the Government Center in Viera.
1: Enter the name of the local government or agency and the department within the local
government or agency that is submitting the request.
2: Provide the staff contact name, phone number and e-mail address in case there are any
questions about this project.
3: Check the appropriate category of the project. In order to be considered for SIS or RS
funding a project must be located on a designated facility (additional SIS information attached).
For further information about the SIS, visit littp://%v%vw.dot.state.fl.tis/plalining/sis.
Additionally, federal funds can only be programmed for projects included in the MPO 2025 Cost
Feasible (CF) Long Range Plan (available on the TPO website: www.spacecoasttpo.com).
4: Indicate the relative priority of the project to ensure consideration of the most pressing local
needs.
5: Check the appropriate description of the project request. "NEW" projects are those that have
not been submitted previously for the TPO's consideration. "REVISED" projects are those that
have been previously submitted, but in a different funding category, or witl-i a different
description (i.e. there has been a change in project limits or requested implementation phase).
"CONTINUED SUPPORT" indicates resubmission of a project with no changes. "SUPPORT
FOR ANOTHER JURISDICTION" indicates your support for a project on a facility maintained
by another jurisdiction. (Numbers 7 — 12 may be left blank for projects in another jurisdiction.)
6: Specify the road name and project limits or the intersecting street(s), as appropriate. Maps
should be submitted to better define the project limits. Federal funds may only be spent on
collector and arterial roads (i.e. the federal -aid highway system). State funds are limited to
projects on the State highway system. Federally funded projects not on the State highway
system generally require a 9% local match.
that prior to funding consideration by FDOT, projects may be required to undergo Efficient
Transportation Decision Making (ETDM) screening to determine, in part, if the requested action
is appropriate and feasible. For more information about the ETDM process visit:
lett :i do t. bJl t or /fit/.
8: Provide a brief statement about the nature, extent, duration and consequences of the deficiency
the project is intended to address. An additional page may be attached to explain a complicated
problem. It is important to include available safety information (i.e. crash history).
9: If a prior study was conducted, please reference the type of study (FDOT corridor study, City
warrant study, etc.), the completion date and the relevant study recommendation(s) that support
the requested action outlined in number 7. A copy of the study does not have to, but may be
submitted. If additional project phases (design, right-of-way) have been conducted, please
indicate here.
10: Summarize any known public and/or private sector actions anticipated in the upcoming five
years that may substantially affect the nature or timing of the requested action. The intent is to
properly define the scope of the project, identify potential constraints and/or opportunities for
public/private partnerships, right-of-way donations, etc.
11: Summarize any public comment or actions by elected bodies regarding the requested
project. The intent is to gauge potential public support for or opposition to a project.
12: Summarize Comprehensive Plan or Master Plan support for the requested project. Projects
without Plan support will not be considered for funding by FDOT. Attach maps, tables and/or
policy language, or note the specific web address where these can be obtained for verification by
FDOT prior to allocation of funding.
13: Summarize any other information, or include additional attachments that will assist in the
understanding of the requested project.
RtUUtZI I r ui IA I U rt IiAI IRA Cif'L)R IA FIUN tUNWINU FORM 2008
i. SUBMITTL� o JURISDICTION; til o aPe enaVerQ REQUEST YEAR. m`_+y
2. CATEGORY: ❑ STRATEGIO IHTEIVACOAL SYBTEIA (SIS) b REGIONALLY StGNFICAHT (R8) ❑ OTHER ART. & COI,. (STP)
3. JURISDICTION'S PRIORITYN1THINTHECATEGORY.' 1
$. IS THIS RMEW: ❑ NEW ❑ CiHANG2 IN DESCRIPTION n Ci0.11TINUSD SUPPORT ❑ SUPPORT FOR MOTHER JURI$DI0TTON
b. PRo.IEoT Loovnow SR AlA, Taternational Drive and H. Atlantic Avenue (401)
B. REoutwEoAcTIow Reconfigure allg1Taent o intereectian
7. DESCRIPTION OPPROBLEW _International Drive and N. Atlantic Avenue are offset with
the alignment of SR AlA, thus an unsafe area
S. PHR"OUSSTUDY ORCaMPLET£DPHASES: This Project is recommended within the SR AlA Trans-
portation Alternatives Study
13. PROJEOTBTNATNAYAPFEOTRESU58TEDACTION: PO2t intargebansze uro.lect resulting In increased
traffic volume and growth in area
10. PUBLIOCOMhli!WREOEPJEDORAOTIONSYELEOTEDeODIES: --City COuD0i1 aDDMOS Of this prO1eCt
11. PLAN SUPPORT:
12, CONTAOTPERSONORDEPARTMEN7AND PHON6NUM8ER. Bennett Boucher, City Hanager, 321-$68-1230
13. OTIIER COMMENTS:
Fot IAPO Lias ony:
RweNed: Processed:
Follow-up: Form Rev. 412007
Rr-,4u O I r I/1I u r� ennl. I raM Or-kJK IN I IUN rUNUINU FUKM- 2008
1. SUBMITTING JURfSNOTION: t Y O ape anaver RRQUEST YEM: XZ4W'
2. CATEGORY: ❑ STRATEOIO INTERMODAL SYBTEM (818) t RP-CHONALLYSIONIPICANr(m) ❑ OMER ART. & COL. (STP)
3.JURISDIC11OWSPRIORITYVNTHfNTIJECATEOORY: z
4. Is Tti1S REQUEST: []NEW ❑ CHANdR IN DESCRIPTION )M CONTINUED SUPPORT ❑ SUPPORT FOFt ANOTHER JURISDICTION
s. PROIEOT Loamow ` SR ALA
0. REQUESTEDAOTtom Dasign and Construct an uthan roadway profile for SR Alli
7, DE8CRIPMNoFPROBLRAI: Ingtalletion of an urban roadTaay will provide safety for
Vehicles as well as pedestrians i
8. PREMOUSSrUDYORCOA9PLET@DPHASES: Recommended within the SR AIA Transportation
A Alternatives study -
9. PRWEOTa THAT MAYAFFE07 REQUESTED AOTION: NIA
10, PU8LfOCON,M5NTRECEIVEOORAOTIONBYELOOTeoBODIES: City Council flp2royes
11. PLAN SUPPORT:
12. CONTACT PERSdN OR DEPARTAIENTANO PHONE HUt.IBER; Bennett BOUCher, City Manager, 321-868-1230
13, OTHF R MMMENTS.
Fot MPO Wo OnIY:
Recelved: Procemdr
t Follow-up.' Form Rev. 412 00 7
r� ., r 1/� a r � �i� rr//�o� �/ ✓o;, %i///%r,!,,;r%/%�i//%%/// ,,,,,,; //i///�/G�/o„%�//ar r ///// ,,I/,,,//// ii//////
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DICTION:-
' -"- nr -� v rv+ rrv5r rvcirnrrvr� r urwmv rvrlrr� 200E
1. SUMMING JURISDICTION: City oP Cape 8na4era VW
�
2. CATEGORY: ❑ STRAYWO INTERmoDAL SYSTELI (SIS) 3M REOIONALLYSmNImANT (R6) ❑ OTHER ART. & col. (STP)
3. JURISDICTION'SPRttJII-O--��RRYWrrrIN-fIECATEooRY: 3..
4. IS THIS REQUEST: LNEW ❑ CHANGE IN DESOMPTION )�E] CONTINUEDSUPPORT ❑ SUPPORT FOR MOTHER JURI801OTION
6. PROJEOTI,OCAnOH: SR AlA and Columbia Drive
6. RwumEoAcnoN: Construct a pedestrian overpass
7. DE_SCRIPTSONOFPROBLEM: Thaxe presently is no safe way to cross SR AIA at
this intersection
8, PREAOUS-STUDY ORCOAIPLP-TEDPHA$ES:
( 9, PROJeOTSTHArA,I'Y FPEOTR��uufsTEOAOIION: Canaveral Port Authority Interchange;
increase tre C VoAume
10, PUBLICCOMMEIRRfiCENEOORAOTIONBYELE0TED8ODIC, City Council approves of this project
11. PLAN SUPPORT:
12. CONTAOTPERSON ORDEPARTMENTANOPHONI?NUMBER; Bennatt Boucher, City Manager, 321-868^1230
13. OTHHR CONMERYS:
For MPO Use Only,
Recelved: Plocessed:
I. FDIIDvhuP: Form Rev. 0407
KhUUhb1 1 -UK S IATtANU rtUIZKALTRAN PUKiAIION FUNDING FORM
1, Susmirn o Jumolcriow City of Cape Canaveral REOUEST YeAR, 39M2008
2• CATECtORY: ❑ STRATEGIC INTERMODAL SYSTE1,1(8IS) El REGIONALLY S(ONIFICANT (RS) ❑ OTHER ART. & COL, (STP)
3, JURISNOTION'SPRfOR)TYVYITHINTHE CATEGORY: 4
4. 1STHISREOUEBT. ❑ NEW ❑ CHANOE IN DESCRIPTION T5 CONTJNU6046UPPORT Q SUPPORTFORANOTtlERJURISDIOTiON
s. PRCQl0TLooAllom., SR Ald and Columbia Drive
a REouraTvoAcTtUv: Iffiseall traffic signal with pedestrian features
7. DESCRIPTIDNOPPR09LEM: Will help to make this intersection safe for vehicles
and pedestrians
8, PREVIOUS $TUCYORCOMPLETEDPHASES' _N/A
8, PROJECT8MAT NAYAFFEDTREQUESTED ACTION: 1peraased traffic due to growth in this service
area
70. PUBLIC COWFNTREOENEDORAOnGNSYELECTED BOD183: FDOT will no', lower speed limit:; traffic
volumos are increasing; safety is major concern
11, PLAN SUPPORT:
12. CONTACT PERSON Oft DE51ARTMENTANO PHOIIENUMBER' Bennett 13OUcher, City Manager, 320--666-1230
Is. OTHER C01.IMENTB:
For MPO Us Only;
Received: ,44Processed:
Folow-Up,
Form Rev. 4f2007
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nGW VG.3� n oI rc ['1IYu rcucl�ryL 1 IY. ,%.,r%IM IIv(H rVSYllIryV !•urx.
1. SUBMITTINGJURIS010,10N:. t� O CSpe Cflnayera REQUEST YEAR; X�� 2008
2. CATGOORY: ❑ STRATEGIO INTERMODAL SYSTEM (818) 0 REG1O1 ALLYSiON1P1OAVT(RS) ❑ OTHERARTA COL. (STP)
3. JURISDICTION'S PR1ORtTYVATHIN Ilia CATEGORY: 5
d. 18 THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION C _I CONTINUED SUPPORT ❑ SUPPORT POR ANOTHDR JURfSDICTION
6. PROJECT LonAwN: _ . SR ATA
8, REQUEsnoMmotr inatall ovarbead boom/mast arm signals at (d) locations
7. IDESCRIPTION OFPROOLEM', City is on a barrier island; current signals are subject
.to severe Wind damage
8, PRWOUBsYUDYOROOMPLETEDPHASES: Identified within the SR AIA Transportation
Alternafivea study
l 8. PROJECTS THAT WYAFFECT REQUESTED ACTION: NIA
10. PUBLIC COMMENT RECEIVED ORAOnoNBYEILECTeDnODIES: city Council, approves Of this project;
(till help to keep traffic flowing after a storm event
11, PLAN SUPPORT:
12, CONTACT PERSON OR DSPARTMENTAND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230
13. OTHER COh1MENTs:
For MPO Ua& Only:
Received: �124 processed; Ae
Fo1lo*up: Form Rev. 412007
i, SuemrrnNo JUWsDIcTft: City of Cspe CaneveiCal a UEsT YEAR: � ' "...V
RQ
.2. CATSOORY: ❑ STRATSO)o IN70 MdODAL SYSTEM (SIS) U REGIONALLY S10NIMOMT (RS) ❑ OTHER ART. & 001. (STP)
& JURISDIONOWSPRIORITYWHINT116CATEGORY. 6
4. 19 TNI8 REQUEST: ❑ NKw ❑ CHANOe 1N DESCRIP7fON F1 CONTINuso sUPPoRT ❑ SUPPORT FOR ANOTHER 4JR1S010TION
5. PRo.1EcTLocATIow SR AIA
S. RFOUEMDAe7Iow Street lighting plan and implementation
7, DESCRIFMONoFPROBim: Street lighting on SR AZA is deficient
S. PRI vIOUSMOYORCOMPL6760PHASES: Identified within the SR AIA Transportation
Alternatives Study
9. PROSeoTB THAT MAYAFFE01 REQUEeTEo ACTION: NIA
M PUBLIOOOIAAIENTROC@1VEOORAOTIONBYELEOTEDeODIES: City COUncilI approves; project will
provide safety for vehicular traffic and pedastriars
11. PLAN SUPPORT:
12. CONTACT PRASONoAnEPARTmr.NTAND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230
13. OTHER MOAENTS:
For MPO Use 04y:
r
Received: 1% Processed: `
t Follovop: Form Rev. 4124007
Kr-UUta I runt o i m i U rM"AL I KH 51 -'Un I R I IUIV r UNL)INU rUKM 2008
1. SUBMITTINi3JUnsolonoN: _ City o epecanavexe REOUESTYEAR:
I
2. CAIeGORY: D STRAT0010 INTfiRMODAL SY8TEM (m) b REGIONALLY SIGNIFIOMIT (RS) D OTHER ART. & COL, (STP)
i
3. JURISDICTIO,4 a PR(ORITY%&ITHIN TMe CATEGORY. 7
4. IS THIS REQUEST. D NEW D CHANDE IN DE80RIPTION M CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION
& PROJECT LocATloN; SA AlA
8. RenuEsnoAcnow _ Synchxonize traffic lights
7. CESCRIP70RO=PROOLEM: Current eignall2ation interrupts traffic flow
S. PREVIOU887UOYORCOMPLETEDPHASM Identified within the SR ALA Tra_neportatiort
Alternatives Study
0. PFkOJEOTB THAT MAYAPEECT REQIf@8TE0 ACTION: NI&
10. AU8LIO COMMeNt RECEIVED OR AOTION BY ELECTED BODIES: OiL-Y COUnCil approves
11. PLAN SUPPORT:
12. CO}ITACTPERSON OR OEPARTMENT AND PHONE NUMM, Batmett Hourber, city Mn=ga r, 321--86$-1230
18, OTHERCOJALLWNTB:
For MPO Use Only:
ReceNed: Processed;
l Fo}lay-Up: — __ Fon Rev. 412007