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HomeMy WebLinkAboutPacket 04-01-2008 RegularAA Irr City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 1, 2008 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: 1Z 01MOIJAW REPORTS: City Manager Staff City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 18, 2008. 2. Motion to Adopt: Resolution No. 2008-09; Appointing a Member to the Beautification Board (T. Wheaton). 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.mvflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com ICity of Cape Canaveral, Florida City Council Regular Meeting Agenda April 1, 2008 Page 2 of 2 ORDINANCES: First Public Hearing: 3. Motion to Approve: Ordinance No. 04-2008; Amending Chapter 110, Zoning, Related to Courtesy Notices for Public Hearings; Providing that Courtesy Notices may be Sent by Regular Mail or Postcard, at First Reading. 4. Motion to Approve: Ordinance No. 05-2008; Amending Chapter 22, Community Development of the City Code Related to Community Appearance Review; Amending Section 22-40 to Clarify Which Properties are Subject to Community Appearance Board Review Prior to Any Building Permit Being Issued, at First Reading. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 02-2008; Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Comer of Jetty Park in Cape Canaveral, Florida, at Second Reading. 6. Motion to Adopt: Ordinance No. 03-2008; Changing the Zoning Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Comer of Jetty Park in Cape Canaveral, Florida, at Second Reading. DISCUSSION: 7. Central Canal Area. 8. Temporary Off -Premises Signs. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 2008 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Recreation Director Robert Lefever Mayor Randels requested to hear Item No. 4 at this time since the representatives from T -N -T Events had traveled from Inverness, Florida to be at the meeting. Mr. Petsos suggested bringing the entire Consent Agenda forward. Council members agreed by consent to hear the Consent Agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 4, 2008. 2. Motion to Adopt: Resolution No. 2008-07; Appointing a Regular Member to the Business and Cultural Development Board (L. Peppers). City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 2 of 14 3. Outdoor Entertainment Permit for the American Legion Picnic; Edward Adams, Applicant. 4. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival; Terri Rudzitis, President, T -N -T Events, Inc., Applicant. Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item 4 in order to hear more about the event from the promoter, Ms. Terri Rudzitis. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 4. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival, Terri Rudzitis, President, T -N -T Events, Inc., Applicant. Ms. Rudzitis requested for the sprinkler system to be turned off and the rest rooms opened for the event. She informed that the event would offer artists and exhibitors and festival type food. Ms. Rudzitis replied to Ms. Roberts that approximately 40 vendors were registered. Ms. Roberts encouraged all Cape Canaveral residents to attend the event stating that the artists would appreciate their attendance. Mr. Ray Osborne thanked Ms. Rudzitis for permitting the Art History Club's participation. Mr. Frank Kuhn asked if there would be Native American art. Ms. Rudzitis provided him with contact information for a person interested in providing Native American art. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. PRESENTATION: 2008 Spring Beautification Award — Single Family (213 Fillmore Avenue) Ms. Elizabeth Mars acknowledged Mr. and Mrs. Jack and Karen Daniel for their Beautification efforts at their home at 213 Fillmore Avenue. She presented Mr. and Mrs. Daniel with a plaque and certificate on behalf of the City. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 3 of 14 REPORTS: City Manager • Mr. Boucher announced that the City received notice from the Department of Community Affairs that the Evaluation and Appraisal Report was approved, so Council could proceed with their first Public Hearing on the Comprehensive Plan Amendment later on in the meeting. • Mr. Boucher received a proposal from Florida Power and Light to bury the power lines of at a cost of $1.8 million on the west side of North Atlantic Avenue from State Road A1A to George King Blvd. This proposal was in addition to the proposal to bury the lines on the east side of Ridgewood Avenue at a cost of $1.1 million. Mr. Boucher clarified that this did not include the cost for the City Engineer's preliminary work or for utilities such as telephone and cable television. Mayor Randels summarized that Council would consider this during their discussion of Capital Purchase items. • Mr. Boucher reported that the Board of Adjustment scheduled the Tripple J Special Exception request related to the remand from the Circuit Court for Monday, March 24th at 7:30 PM. • Mr. Boucher reported that Coastal Fuels application for two additional fuel tanks was under Staff review. • Mr. Boucher reported that he serves on the Space Coast Growth Management Coalition. The Coalition was working on the components of the "How Shall We Grow" green print for the East-Central Florida multi -County area. The Coalition would identify the natural resources within each regional area. Mr. Boucher informed that he wanted to have the regulatory agencies appear before the Coalition in order to keep mitigation funding with the municipality, the County, or the multi -county area. • Mr. Boucher reported that the Public Works maintenance building was 90 percent complete. • Mr. Boucher reported that the Beach Cleaning equipment was delivered. • Mr. Boucher reported that he met with the Library Board to discuss a joint -use Library Meeting Room and to hear their concerns related to parking and the type of dais for Council's use. The City's architect met with Mrs. Escapa and the Library Board would like to meet with the Council for further discussion. • Mr. Boucher reported that the Building Department staff had a pre -application meeting on a proposed 170 -unit hotel at the corner of Holman Road and State Road Al A. Todd Peetz, City Planner, explained that there would be one owner, one management company but two flag hotels. The City code provides for one owner, one management with multiple buildings. Mr. Peetz stated that they also wanted to put up to two restaurants out front; however, that would complicate the acreage and the density, therefore, some concerns remained. Mr. Peetz explained that a national chain restaurant should not be used toward the hotel's density credits. The project was under the City Attorney's review. Ms. Roberts referred to the Community Survey saying that although it was the business City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 4 of 14 owner's right to put what they want on the property this might be the place where the City could attempt to attract the businesses that the community desired to have in the City. Staff Recreation Director Mr. Lefever announced the Easter Egg Hunt on Saturday, March 22nd at 10:00 AM sharp at Canaveral City Park. Public Works Director • Mr. Bandish reported that the sewer force main was completed and operational. Mr. Bandish reiterated that the Public Works maintenance building was near completion. Mr. Bandish reported that he was securing easements related to the sewer force main project. Mr. Bandish reported of an upcoming meeting related to slip -lining. Mr. Bandish reported that the stand-by generator was two -weeks to arrival. Mr. Bandish replied to Mr. Petsos that the sand fence project was awaiting purchasing authorization signatures. City Treasurer No report. Building Official • Mr. Morley provided a status update on Resort Dwellings/ Resort Condominiums and a review of the properties that exceeded the maximum allowable density. These were properties constructed before the density regulation was established. A total of 284 units constructed that have applied for a Resort Dwelling license, of that total 45 do not comply with current density which represents a total of four buildings out of eight buildings. Mr. Morley distributed a report and explained for clarification that density relates to the number of residential units on a property and the current density is 15 units per acre. There were older buildings in the City that have applied for the Resort Dwelling license status that have more than 15 units per acre which create non- conformity to the City code. • Mr. Morley reported from the Community Appearance Board on the concept of a theme for the City. The Board requested a joint discussion with the Planning and Zoning Board. He asked if there were any support from Council on the concept or if there were any desire to address the concept from a business standpoint. Ms. Roberts explained that the City Planner brought options to the Planning and Zoning Board's attention related to mixed-use development and the City's redevelopment. Ms. Roberts stated that the concept theme of Sun, Space and Sea came out of Community Appearance Board's discussion and this was City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 5 of 14 the initiating point to further discuss a theme jointly with the Planning and Zoning Board. Mayor Randels concluded that the Community Appearance Board had recently pursued optional styles from franchise businesses to create a more distinct appearance. Mr. Boucher brought up the Town Hall meeting. Mr. Morley reported that he scheduled the State Road A1A Town Hall Meeting at the Library Meeting Room on Thursday, April 3rd at (5):30 PM. He would provide courtesy mail out notices to stakeholders on the State Road A1A corridor. [Ms. Joyce Hamilton corrected that the meeting time was 5:30 PM and not 7:00 PM] Discussion on the concept of a unified City theme would occur during that time. City Clerk • No report. City Attorney • Ms. Latorre reported that Royal Mansions filed suit against the City related to the Resort Dwellings Ordinance challenging the constitutionality and application of the Ordinance related to their establishment. The suit is under evaluation for response with the City Attorney. CITY COUNCIL Council Member Roberts • Ms. Roberts suggested an initiative encouraging the Sheriff on an outreach to the City in an effort to increase Neighborhood Watch Programs. • Ms. Roberts reported that as part of her membership with the National Space Club, Steve Kohler, CEO of Space Florida, spoke at their recent meeting on March 11 th and he talked about establishing a zoning district area with the Cape Canaveral Air Force Station [CCAFS] area. The relevance to Cape Canaveral would be encouragement of commercial development and commercial use of that part of CCAFS. Feedback from the State of Florida supported the City in strengthening its relationship with Patrick Air Force Base and CCAFS and this might present an opportunity for the City to take action on a joint venture with Space Florida. • Ms. Roberts, again, recommended a representation list of the meetings in which Council members were officially and unofficially in attendance as this would help the Council to know what subjects were being addressed and allow for a debriefing during Council meetings and Workshops. • Ms. Roberts announced that Mayor Pro Tem Hoog, Mr. Petsos and Mayor Randels would attend Legislative Days from March 25th and 26tt'. She encouraged the audience to mention any items that they would like the Council to bring to their State Legislators. • Ms. Roberts asked Mr. Lefever to comment on the recent Community Celebration. Mr. Lefever informed that the event was successful with between City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 6 of 14 500 and 600 participants. He also informed that this was the first time for a Business Vendor Expo which was also a success with 45 vendors registered of which 34 participated. • Ms. Roberts requested an Environmental Initiative to address the soot problem, red tide and fuel emissions from Coastal Fuels. Council Member Nicholas No report. Council Members Petsos Mr. Petsos requested to schedule a Visioning Session immediately following the close of the Legislative Session. Mr. Petsos requested law enforcement assistance on the illegal parking issue. Mr. Petsos reported on his pursuit of seeking accountability from the County on the City tax funding contributed to County taxes. He was seeking additional information from neighboring communities to address this issue. Mr. Petsos asked Mr. Lefever to report on his Police Athletic League [PAL] meeting. Mr. Lefever informed that he would meet with the County representative from PAL on Monday. This meeting would include the Recreation Leaders. He emphasized the need for PAL in the community. Mayor Pro Tem Hoog • No report. Mayor Randels • Mayor Randels reported that he received an E-mail giving kudos related to the City web site from a resident in Richmond, Indiana. He forwarded the thanks to the City Clerk. • Mayor Randels acknowledged that Florida Today noted in a recent article that E-mail is a public record. He summarized that the City, through the City Manager's efforts, responded in an efficient and timely manner. • Mayor Randels reported that the City passed a Resolution related to Bright House Networks analog converter boxes. He informed that the Federal Government would begin mailing $40 to consumers to assist them in the conversion in a $1.5 billion project and every household with an analog box was eligible to receive two coupons. • Mayor Randels reported that all sixteen Brevard County mayors had signed up to deliver Meals -on -Wheels on Wednesday, March 19tH • Mayor Randels asked if there were any desire to reprint the City promotional license plates. Staff was directed to follow through on this project. • Mayor Randels reported on a family traveling from the Yukon by bicycle that arrived at the Cape Canaveral Library on Saturday. They have totaled 8,700 miles since last June and signed a plaque to commemorate their visit. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 7 of 14 AUDIENCE TO BE HEARD: • Mr. Frank Kuhn questioned why the City's Law Enforcement allowed precinct cars to leave the City as well as why officers were allowed to take those cars home. Mr. Kuhn related that for a 1.9 square mile City, the amount of officers exceeded the City's size and he estimated that for 25 miles of roadway, a police car should pass a roadway every hour. Mr. Kuhn stated that the Cape Canaveral precinct officers should not be allowed to take their cars home. Mr. Kuhn presented his question to the City Manager related to the Brevard County Sheriffs contract which allowed them to take the cars home; however, why was this allowed for Cape Canaveral. He concluded that this was a waste of taxpayer money. • Mr. Ray Osborne of Holman Road invited City Council and the Planning and Zoning Board to a meeting related to Sustainable Building practices on March 27t' at 5:30 P.M. The meetings occur every fourth Thursday at the Florida Solar Energy Center and the public is invited to attend. • Ms. Dot Gayer presented 200 signatures from the residents in order for the Council to proceed with the Ridgewood Avenue beautification project. Mayor Randels replied that this project would be one of those in discussion during the City's Visioning Session. Mr. Boucher explained how the Council would seek to prioritize which projects to pursue and complete. Ms. Gayer submitted her petition to the City Clerk and she stated how this incomplete project has become hazardous to pedestrians. Mr. Boucher informed that staff has identified noncontiguous properties and they would meet with property owners to resolve these issues. Ms. Roberts stated that, perhaps, there were some interim initiatives that the City could take that would help pedestrians and bicycle riders. • Mr. Ron Woods of Harrison Avenue related on how every beach access had parking problems. He suggested a park-and-ride to the beach charging a fee. Mr. Woods also suggested a courtesy person to provide beach trash collection bags. Mayor Randels related that such bags were available at Cherie Down Park. Mr. Woods concluded with the need to gain control of the City's tax appropriation to the County and the lack of return for the City's needs. BOARD MEMBER INTERVIEW: Thomas Wheaton — Beautification Board Applicant Mr. Wheaton affirmed to the City Attorney that all of the information on his application was true and correct to the best of his knowledge. Mr. Wheaton also affirmed that he was not affiliated with any City Council Member. Mr. Wheaton affirmed that he would not have any conflicts with his duties as a Beautification Board through business or familial relationships. Mr. Wheaton informed that he became interested in volunteering due to the City Hall marquee sign. He stated that he was active in volunteering in his condominium at Portside Villas. Mr. Wheaton stated his special interest in curb appeal and he desired to take an active role in the City's change process. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 8 of 14 Ms. Roberts asked Mr. Wheaton for a brief summary of his work at Patrick Air Force Base [PAFB]. Mr. Wheaton stated that he worked in the Space Industry in the area of procurement and subcontracts, Acquisition Management and currently worked with a primary contractor at PAFB. Mr. Wheaton replied to Ms. Roberts that he enjoyed the beach area and coastal living. Mr. Wheaton stated that he served on the Fence Committee, the Crime Watch Committee and the Judiciary Committee at Portside Villas. Mayor Randels concluded that a Resolution to appoint Mr. Wheaton to the Beautification Board would appear on the next City Council Meeting Agenda. ORDINANCE: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy, at Second Reading. Mayor Randels read Ordinance No. 01-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 2, ARTICLE V., OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INFORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Andrea Bowers, City Treasurer, explained the Ordinance as a plan to set aside 20 percent of the City's Budget. She provided an updated memo that depicted a six-month scenario with and without Capital Purchases. Ms. Bowers explained how the variables that were part of operating funds during any six-month period were a changing element. Mr. Petsos explained that he sought to ask for a six-month operating report, with and without the Capital Purchases, in order to ensure that the City had available funding prior to any emergency circumstance. Ms. Bowers stated how not paying for debris removal upfront was a benefit. Mr. Boucher related on the results for cities that sought independent contractors for debris removal, when the upfront costs depended on the Federal Emergency Management Agency [FEMA] for reimbursement. Mr. Boucher clarified for Ms. Roberts that the Interlocal Agreement for Debris Removal was a separate contract. Ms. Bowers concluded that the 20 percent set aside applied to any emergency and not just for a hurricane circumstance. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Ordinance No. 01-2008 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 9 of 14 ORDINANCES: First Public Hearing: 6. Motion to Approve Ordinance No. 02-2008; Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park in Cape Canaveral, Florida, at First Reading. Mayor Randels read Ordinance No. 02-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO C-1 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. Mr. Boucher reminded that this was a quasi-judicial hearing item and the City Attorney would need to swear -in all those participating in the discussion. Attorney Latorre swore in all those providing testimony. Mr. Peetz referred to the difference between the Comprehensive Plan and the Zoning Amendment in that the Zoning portion permitted conditions with approval of which there were conditions at the Planning and Zoning Board level related to the 1.2 acres. Mr. Peetz informed that the applicant was agreeable to the condition on the 1.2 acres for parking and recreational amenities. Attorney Latorre stated that the City Attorney's office had not fully discussed this matter at this time. Mr. Peetz stated that during the Local Planning Agency [LPA] meeting, a 5.4 acre gap was created between the Comprehensive Plan Amendment Map and the Zoning Map on the Brevard County Property Appraiser's part. There was no expressed reason for the gap which occurred during adoption of Ordinance 03-2000 in which the City established a C-2 Zoning district and through research, the gap was found in the Cape Caribe area and the City Attorney recommended an administrative correction. Therefore, his report reflected 1.95 acres as the total for the Zoning amendment. The corrected area gap was formerly reserved, but not used, for the Ridgewood Avenue extension. Mr. Peetz also stated that when the LPA met there were persons concerned with noise issues; however, this could be addressed at the Site Plan stage. The applicant would work with the City on the Site Plan. Mayor Randels stated that the Local Planning Agency recommended approval on February 27, 2008 by unanimous vote. Plan Amendment procedures were included in the packet and done according to Florida Statutes Chapter 163, property owners were notified within a 500 -mile radius and duly noticed on February 17th prior to the Planning and City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 10 of 14 Zoning Meeting and again on March 8t" prior to the First Reading. Mr. Kohn Bennett, 1000 Shorewood Drive, Cape Canaveral, of Cape Caribe, Inc. introduced Mr. John Grandlich, Mr. Maath Bennett, and Mr. Jim Boris also of Cape Caribe, Inc. in the audience. Mr. Bennett recounted from previous discussion that, 1) density would lessen due to removal of one building on the east side, and 2) balconies were redesigned to face the west and the north. The removal of one building and changing the design of another would result in the continuation of a pool deck and fewer people. This would also control the activity that would impact adjacent property. Mr. Grandlich met with the Boards of Solana Lake, Solana Shores and Shorewood. Mr. Bennett informed that there were several concerns voiced at the Planning and Zoning Board Meeting that were addressed. Mr. Bennett stated that amenities and parking were the final issues. Mr. Bennett displayed a storyboard of what the approved Site Plan would include. Mr. Bennett clarified that the County neglected to remove the Ridgewood Avenue extension from the City's map. Ms. Roberts expressed her appreciation that the firm reached out to the community and their reception was positive. Ms. Roberts noted comments from the LPA meeting which were continued concerns related to commercial ventures and the rezoning and to ensure that no commercial sales, for example a Tiki Bar, would be established in the expanded water park area. Mr. Bennett replied that the intent of bringing the concept into the pool deck was to create one amenity to the extent of serving meals and to, perhaps, locate some facility on the south end to establish more efficient service. Ms. Roberts stated that a passive lounge area seemed acceptable; however, residents expressed concern with commercial use. Mr. Bennett clarified that continuity would remain the same. Ms. Roberts asked if the residents could request not to have speakers at that proposed end of the water park. Mr. Bennett stated that concerns arose from Shorewood; however, that might be due to lack of landscaping. Mr. Bennett stated that the forum to address those issues would occur during Site Plan review, but not during the Comprehensive Plan amendment discussion. Attorney Latorre clarified that Item No. 6 would need to be addressed prior to discussing Item No. 7. Mr. Peetz stated that Council could not attach conditions to a Comprehensive Plan Amendment; however, conditions could be attached to the Zoning Amendment. Mr. Grandlich stated that there were few concerns voiced at the Planning and Zoning Board Meeting/ LPA Meetings and loud music was not anticipated as the facility was family oriented. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 02-2008 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 11 of 14 7. Motion to Approve Ordinance No. 03-2008; Changing the Zoning Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park in Cape Canaveral, Florida, at First Reading. Mayor Randels read Ordinance No. 03-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL" SUBJECT TO CERTAIN USE RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY, AND AN EFFECTIVE DATE. Mayor Randels read that the Planning and Zoning Board imposed the following conditions for the property related to: recreational amenities and parking. Mr. Peetz pointed out that the Council could approve the Zoning Designation in its entirety; however, the conditions should be limited to the 1.2 acre parcel only. Attorney Latorre stated that the conditional restrictions would apply to Exhibit A only. Mr. Bennett clarified that his application addressed Exhibit A and the R-3, 1.2 acres. Mr. Petsos recommended placing the restrictions within Section 3 of the proposed Ordinance. Mr. Boucher questioned Mr. Peetz, for the record, saying that he did not review any analysis changes as a result of the density reduction to the 1.2 acres. Mr. Peetz replied that the Site Plan would be amended and a pre -application meeting was scheduled for mid-April. Ms. Roberts asked if there was a definition of recreational amenities. Mr. Bennett replied that a definition would be established prior to the next meeting and he would work with the City Attorney's office on that definition. Ms. Roberts stated the following concerns for the record: 1) potential noise, 2) a Tiki Bar operation in the water park, and 3) green space. Ms. Roberts addressed the potential of redirecting traffic carried to the beach and if there were an alternative route. Mr. Bennett stated that there were no alternatives due to a previously constructed building. There was no public comment. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Ordinance No. 03-2008 at First Reading to Include the Discussed Revisions. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 12 of 14 RESOLUTION: 8. Motion to Approve: Resolution No. 2008-08; Supporting the Florida Forever Program and a Successor Program. Mayor Randels read Resolution No. 2008-08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING FLORIDA FOREVER AND A SUCCESSOR PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Council was requesting for State Legislators to retain the Florida Forever Program and any succeeding programs. There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Resolution No. 2008-08. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATION: 9. Motion to Approve: An Agreement with Brevard County for Lifeguard Services. Mayor Randels explained the contract for two staff persons and one lifeguard tower. Mr. Petsos requested that one of the staff persons assume a roving lifeguard role. Mr. Boucher replied that the one County roving staff person would use the City's All Terrain Vehicle [ATV]. Mr. Lefever clarified that coverage was needed at the tower should one of the lifeguards need to make a rescue attempt. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve an Agreement with Brevard County for Lifeguard Services in the Amount of $18,721.00. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 10. Community Development Director. Mayor Randels explained that this discussion item continued from a previous meeting in August 2007. Mr. Boucher stated that his presentation depicted a Community Development Director's [CDD] responsibilities and the City's need to hire this staff person. He briefly explained the difference between the CDD and a Building Official. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 13 of 14 spoke about the timeline needed to seek an applicant. Mayor Randels expressed the concern of shared staff between the CDD and the Building Official. Ms. Roberts reminded of John Anderson Chairperson of the Business and Cultural Development Board's comments related to delay in hiring which could result in missed funding opportunities. Mr. Nicholas stated that the Building Official would lose his staff and, in turn, report to the CDD. He expressed his disfavor with the proposed organizational set-up. Mr. Nicholas stated further that the person hired should be titled Community Planner and report to the Building Official. Ms. Roberts stated that she had not viewed Council's participation at this level of detail with other Departments. Mayor Pro Tem Hoog agreed with Mr. Nicholas on the title Community Planner and that the person should report to the Building Official and he, too, did not agree with the organizational set-up. Ms. Roberts asked to hear the Building Official's thoughts on the subject; however, other Council Members disagreed that Mr. Morley should make any comments. Ms. Roberts stated how the Building Official and the City Planner work cooperatively and she envisioned a seasoned professional and not a novice. Mr. Boucher clarified, in conclusion, that the person would be a department head level position who reports directly to the City Manager. A motion was made by Mr. Petsos and seconded by Ms. Roberts to extend the meeting until 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 11. Citizen Awareness and Participation Plan. Mr. Petsos pointed out the benefit of a Citizen Awareness and Participation Plan [CAPP]. Ms. Roberts reminded how a previous developer did not present a proactive project. This forum would provide some simple guidelines and would set the standard between the community and the developer. Mayor Pro Tem Hoog stated that the community has an opportunity to participate during the Board review process. Mr. Petsos brought out that municipalities were being forced into CAPP's through State legislation. Ms. Roberts related on the positive result when Ron Jon's Cape Caribe, Inc. reached out to the community and gained their relative input. Mr. Nicholas suggested for the new Community Development staff person to establish a threshold of which projects would need a CAPP review. 12. Florida Department of Community Affairs 2008 Draft Legislation. Mayor Randels stated how many bills have changed since their inception. Mr. Peetz addressed the Citizens Planning Bill of Rights which required local governments to hold community neighborhood meetings prior to filing an application for a Future Land Use Change. This bill combats Hometown Democracy. Mr. Peetz reviewed that the bill required meetings prior to filing adoptions and a reduced number of large-scale City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 14 of 14 amendments from two to one per year. Mr. Peetz also reviewed that a super -majority vote, and not just a majority vote, would be needed from the Council following a Local Planning Agency recommendation, to adopt a recommended Comprehensive Plan. Mr. Peetz referred to the draft Coastal High Hazard Area that addressed Category One storm surges. He stated that if this were not addressed, they would need to be addressed. Mr. Peetz stated that identifying shelters for a Category 5 hurricane was also required. He then referred to changes to the Urban Growth policies. The intent was for specific counties to have the cities identify urban development areas and area wide gross densities and intensities. The Department of Community Affairs views this as maximum potential. Mr. Boucher stated that if any of the Legislation passed, the City would be required to incorporate those changes since it was in the process of its Amendment cycle. Mr. Peetz explained for clarification that the State adopts guidelines for the benefit of those cities that have no awareness of how to obtain compliance. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Table Items No. 13 and 14 until the next Regular Meeting and to move the items to a category of Old Business. 13. Temporary Off -Premises Signs. 14. Central Canal Area. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 04-01-08 AGENDA Heading Consent Item 2 No. Resolution No. 2008-09; Beautification Board's memo; Application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-09, APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-09, appointing Thomas Wheaton as a regular member of the Beautification Board. Summary Explanation & Background: Term will expire I1-01-2011. Exhibits Attached: Resolution No. 2008-09; Beautification Board's memo; Application City Manager's Office Department LEGISLATIVE cape-nt\kim y c ents\ In\council\meeting\2008\04-01-08\2008-09.doc RESOLUTION NO. 2008-09 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181(a) created a Board known as the Beautification Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Thomas Wheaton is hereby appointed as a Regular Member of the Beautification Board of the City of Cape Canaveral, Florida, with term to expire on November 1, 2011. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of April, 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityCIk\Resolutions\BOARDS\Appointments\2008\BEAU _Wheaton.doc MEMO TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Beautification Board SUBJECT: Prospective Beautification Board Member DATE: March 12, 2008 The Beautification Board interviewed Mr. Thomas Wheaton at their March 11, 2008 monthly meeting. The board feels Mr. Wheaton would be an asset to the Beautification Board and recommends that he be interviewed by City Council at the March 11, 2008 meeting for appointment to the Beautification Board. Tha you. *Wfk --� Judy Hale Chairperson, Beautification Board van. 9. 2C 08,1 3:34PM ;J21b(N0.0863 # `i CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE pursuant to S®Non 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please Complete the following In the space provided: A. GENERAL 1. Applicant Name 2. Home Address: 3. Home Telephone: l'%y'vr 101/ 4. Occupation: / 5. Business Telephone: ��/'"7 7�%_V_71 G �f 6. Business Address: 22�rn��! 461, r4 �. �� �//Q�nii• /o/'lL qL B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a CW advisory board or commfttee. 1. Are you duly registered to vote in Brevard County? (Y)_Z(N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? M (N) 33. Have you ever been convicted or found guilty, regardless of ad)udication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each:,_ 20'i81 ':341M S. City ordinance requires that all persons applying for a /� City advisory board or committee must voluntarily consent / to a standard criminal background check before being I appointed to a board or oommittee. Do you voluntarily initials consent to having a standard background check % performed on you by the City of Cape Canaveral? M V (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? M (N) 6b. tf yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTUD(PERIENCE 1. 2. I 4, any prior expenencefi in serving on any governmental board or comm�ittee: ,� O/nm�ee [ /D/!i mri/1y 0117/74/ Please list any specialized skills and training (e.g., architect, engineer, general contrac0r, etc,) that you feel help to qualify you for membership on the deslred board or committee_ -J n kr/✓Gvd.1 fiiP/-i1lIYJ�A�� 7'UTA%7dS In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a _ Beautircation Board b. r2 Board of Adjustment* C. Business and Cultural Development Board d. _ Code Enforcement Board' e. " z' Community Appearance Board' f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board' i, Recreation Board j. Other. Wombers of these boards aro required to Complete and tyle with Me Supervisor of Elections a Financial Disc/bsum Form upon appollpirr7ewt to said board and prior to Jelly 1 of each year following the inkel appointimni while still 9 member of sold board. 0V0 J, J`t IVI D. STATE REPORTING REQUIREMENTS. ,31Ibt1G• UG' . 1 tF 3/ / Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE African-American —4L Male Aslan -American Female 1-119panio-Ameriean Not Known Native American Caucasian DISABILITY Not Known 10114, Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311,326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. Your application will remain effective for one year from the date of completion. If you should have any questions regarding the completion of this appllc0on, please contact the City Clerk's Office at (321) 86&1221. • - %-sir ! �I .. Date: /- 9- D e Please return to: City of Cape Canaveral Office of ft City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 ,an, 9. 2C,Hl 3:34pM For Office Use Only: Date Appointed: Appointed by. Board Appointed to: Term Expires: ; :11ut\o. 08,6' 4 P 4/ i I a r:, 9, 2�"i0,8 ;,0)41V RESUME THOMAS R. WHEATON PO Box 320891 Cocoa Beach, F1.32932-0891 Phone (321) 784-2927 Cell (407) 590-8506 E-mail thomasn+�c�yahoo.com Thomas, wheatonCa4tt. com OBJECTIVE To secure position in the area of- Procurement EXPERIENCE ITT Industries Systems Division 7001 N. Atlantic Ave_ Suite 200 Cape Canaveral, Fl. 32920 Sr. Buyer Jan. 01 to Present Currently located at Patrick Air Force Base, Florida Responsible for the total procurement process of various types of procurements in support of the Eastern and Western range locations as well as down range and other remote sites. This also included blanket purchase agreements and subcontracts, purchase card (VISA) transactions, and the monthly reconciliation_ Other duties include preparation and processing of repair and service contracts. Procurement of electronic components. mechanical parts, supplies, and the resolution of any quality, receiving or accounting discrepancies. Utilization of the Maximo purchasing system, completion of ISO 9001 internal auditor training. DBA Systems Inc. 1101 Hibiscus Blvd. Melbourne Fl_ Sr.Buyer Sept. 98 to .Ian. O1 Corporate Buyer for a contract manufacturer, responsible for the total procurement process including negotiations and order placement of electronic components, mechanical parts, equipment and services. Other duties include Proposal preparation and processing, resolving any quality or accounting problems. Dictaphone Corporation Pepsi Cola Dr., Melbourne, F1. Procurement Specialist Feb. 98 to Sept.98 Responsible for the total procurement process of electronic components, mechanical parts, equipment and services. This position required the development and inception of the procurement department as the service and repair function broke away from the corporate level. This position also required overseas contact and price negotiations as well as resolving any accounting or quality problems. I -NET, Inc. Engineering Support Contract, PO Box 21167. Kennedy Space Center, FL Sr. Buyer/Suhcontract .Admin. Associate & Small Business Liaison Oct. 92 to Sept. 97 '4PM10. o Responsible for the total procurement process for electronic and mechanical parts, equipment systems, software, hardware and related services. Survey available and/or research potential new vendor sources. Evaluate suppliers proposed cost/prices and negotiate and commit within delegated authority a purchase agreement or subcontract with the selected supplier_ Monitor supplier, costs, schedules and performance: resolve actual or potential supplier performance problems. Prepare, award and monitor subcontracts within the procurement group such as temporary staffing, construction and engineering consultants_ Other responsibilities include- Resolving purchase contract discrepancies including invoice inconsistencies, no -cost evaluation contracts, training seminars, and construction contracts. Act as Corporate Representative to the NASA/KSC Small and Small Disadvantaged Business Council, and support various trade shovits. Boeing Aerospace Operations Inc. Engineering Support contract, Kennedy Space Center, Buyer Sr. Feb, 91 to Oct. 92 Responsible for procurement of material, parts, equipment systems, software and/or services necessary to support company requirements Analyze requirements for and develop a procurement plan to complete the procurement cycle. Survey available and/or develop potential sources. Evaluate suppliers proposed cost/price, negotiate when needed and commit within delegated authority, a purchase agreement or subcontract with the selected supplier_ Where contractually required, obtain customer approval. Monitor supplier costs, schedules, and technical performance and resolve actual or potential supplier performance problems. Provide primary assistance to a subcontract manager in the management of a major subcontract. Boeing Aerospace Company Inertial Upper Stage Contract, Cape Canaveral ANS, H, Industrial Engineering Planner/Scheduler Nov. 1988 to Feb.1991 Prepare, update and publish working schedules. Act as liaison between operational organizations including shop, logistics and engineering as well as interfacing with test conductors and range support. Schedule vehicle and Gov. Service equipment support as necessary, interact with other contractor personnel for transportation, security escorts, gas commodities, pad safety, environmental health, chemical sampling, laboratory and life support, ordnance operations and x-rays. Supported meetings, coordinate photo support for engineering inspections as required. Education University of Central Florida *International Business Management 11/96 IlWasters Certification in Acquisition Nlanagenrent 6195 *Post Contract Award 6/95 *Intro. To Acquisition Mgmt. 11/94 *Government Contract Law 11 /93 *.Procurement Policies and Procedures 3/93 * Active state of Florida Notary Exp.7/2009 Educational Services Institute George Washington University *Procurement Reform 2/95 *Federal Streamlining Acquisition Act of 94 2/95 Brevard Communitv Collcec *Contract Negotiations 3/93 *General and Business *Effective Purchasing and Materials Mgmt. 1 and II 11/91 Colonia Hip h School *ISO 9001 Internal Auditor Training 2/2001 * Graduate Courses *Nuts and Bolts of Electronics (Nahabit & Associates) 4/99 `Recipient of Corp. Commendations and two NASA Group Achievement Awards. W '1 ( ^ 1 ,an. [�0jb -).J174 M *FAR Workshop 7/2006 *Recipient of ITT Silver Quality Team Award 11/07 t Active state of Florida Notary Exp 7/2009 References -Furnished upon request. Security -Current secret Meeting Type: Regular Meeting Date: 04-01-08 AGENDA Heading Ordinances -V Reading Item 3 No. See attached building official's memo of 12/27/07. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2008, AMENDING SECTION 110-1 AND 110-28 PROVIDING THAT COURTESY NOTICES MAY BE SENT BY REGULAR MAIL OR POSTCARD DEPT/DIVISION: COMMUNITY DEVELOPMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 04-2008, amending Section 110-1 and 110-28 providing that courtesy notices may be sent by regular mail or postcard, as recommended by the Planning & Zoning board at the request of the building official. Summary Explanation & Background: The P&Z Board recommended this amendment at their 3/12/08 meeting. See attached building official's memo of 12/27/07. Please advise. Exhibits Attached: Ordinance No. 04-2008; P&Z memo; building official's memo City Manager's Office Department COMMUNITY DEVELOPMENT/P&Z c'ape'n lm\myddcu��nts\admin\council\meeting\2008\04-01-08\04-2008.doc ORDINANCE NO. 0y2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110. ZONING, RELATED TO COURTESY NOTICES FOR PUBLIC HEARINGS; PROVIDING THAT COURTESY NOTICES MAY BE SENT BY REGULAR MAIL OR POSTCARD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the current City Code requires that all courtesy notices of public hearings related to land use decisions be delivered by certified mail; and WHEREAS, the City Council recognizes that the certified mail requirement is expensive to applicants and time consuming for City staff to prepare, and that sending courtesy notices by regular mail or postcard would be less expensive for applicants, less time consuming, and may reach more affected property owners; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, 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 110. It is intended that the text in Chapter 110 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 City of Cape Canaveral Ordinance No. _-2008 Page 1 of 4 ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion to property owners within 500 feet of property which is the subject of the public hearing. Courtesy notices may be sent by regular mail or postcard. ARTICLE II. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY x** Sec. 110-28. Due process; special notice requirements. (b) In addition to any notice requirements provided by state law, all public hearings under this article shall be publicly noticed for at least ten calendar days prior to the date of the hearing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property. (2) Posting at city hall. (3) Notifying, by certified mail, all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. City of Cape Canaveral Ordinance No. _-2008 Page 2 of 4 (4) Notifying, by certified mail, the owner(s) of the subject property for which the application is being made. The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this chapter. )F�JC Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and 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 .2008. ATTEST: ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. _-2008 Page 3 of 4 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2008 Page 4 of 4 Page 1 of 1 Bennett Boucher From: Kate Latorre [klatorre@orlandolaw.net] Sent: Tuesday, March 18, 2008 11:16 AM To: boucher-cape@cfl.rr.com Cc: morley-cape@cfl.rr.com Subject: Courtesy Notice Ordinance Attachments: Kate Latorre.vcf; Courtesy Notice Ord..pdf Bennett: At the Planning and Zoning Board Meeting last week, the Board reviewed and recommended adoption to the Council of a proposed Code amendment prepared by Todd Morley. The amendment slightly modifies the definition of "courtesy notice" in Chapter 110 to acknowledge that courtesy notices may be sent by regular mail or postcard. Further, section 110-28 is amended to repeal the provision requiring that adjacent property owners be noticed using certified mail. The applicant/prop-Qrt)t-owner will still be noticed using certified mail -- the Code will not change as to this requirement. We've put together a simple ordinance for Council consideration. Please schedule for next available Council meeting and let me know if you have any questions. Kate Latorre, Esq. �� titin [s I 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: klatorre@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time - sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 3/25/2008 City of Cape Canaveral ucher, City Manager JUJCII I .Duii3, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Section 110-28 Courtesy Notices At the Planning & Zoning Board meeting held on March 12, 2008, by unanimous vote, the Board recommended to the City Council that the proposed code amendment be approved, as drafted by the Building Official. I. have attached the data provided to the Board regarding this issue, along with the draft meeting minutes, and proposed ordinance. Please schedule this recommendation on an upcoming City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Memo Date: December 27, 2007 To: Bea McNeely, Planning and Zoning Board Chairperson From: Todd Morley, Building Official RE: Proposed code amendment - urtesy notices I conducted an email survey- of Brevard Count- municipalities asking: When your, jurisdiction sends out _oning-related notices to affected property ou-ners, is it by A: post card, B: regular mail, or C: certified mail? The results of the survey_ indicate that oniv two other Cities require all zoning inailouts to be via certified mail. Most use regular mail. I request that P&Z consider a code amendment allowing regular mail and/or postcards as courtesy notification for residents within the 500 ft. radius of an affected property. This would not change the requirement to send a certified notification to the applicant. Benefits: Less expense to the applicant, Less staff time monitoring the return receipts, and It may increase citizen participation. Some citizens mai- not receive certified mailings because they may not be at home while the post office attempts deliver-. Consequently-, they will be left a notice requesting that they retrieve the certified mailing from the post office during normal business hours. Because some citizens may not be available during those hours, they mai- not pick up the mailing. With a post card or a regular mailing, there may be a greater likelihood that the courtesy_ notice v611 end up in their hand with little effort on their part. I informed P&Z at the December 12'' meeting that this will be an upcoming issue. If it meets with the P&Z Board's approval it can be forwarded to Council as a recommendation A proposed code amendment regarding Courtesy notices -Todd Morle}-. Building Official December 14. 2007 ARTICLE L IN GENERAL Sec. 110-1. Definitions. The following words. terms and phrases, \%hen used ul this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Courter}' notice means a notice of a public hearing, not required by lacy, mailed at the cit} -'s discretion to property owners within 500 feet of propert}- which is the subject of the public hearing. Courtesy notices may consist of regular mail or postcards. Sec. 110-28. Due process; special notice requirements. (a) All applicants shall be afforded minimal due process as required by law, including the right to receive notice. be heard. present evidence, cross-examine witnesses, and be represented by a duly authorized- representative. uthorizedrepresentative. (b) In addition to anv notice requirements provided by state law, all public hearings under this article shall be publicly- noticed for at least ten calendar days prior to the date of the hearing. Said notice shall include the address of the subject property. matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property. (2) Posting at city hall. (3) Notifi,ing, by eei#i€ted mail, all owners of real property (including homeoAvner's and condominium associations) adjacent to and within 500 feet of the subject property. (4) Notifying, by certified mail. the owner(s) of the subject property- for which the application is being made. The notice requirements set forth in subsections (1). (2), and (3) above are hereby- deemed to be courtesv notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this chapter. (c) When any proposed zoning district boundary change, variance, or special exception lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said proposed district boundary change, variance or special exception. (Ord. No. 11-2005, § 16-21-05) City of Cape Canaveral Survey Regarding inicipalities notify affected prolae�i y owners of zoning -related issues? -Todd Morley, Building Official The question sent November 28, 2007 to all Brevard County municipalities was: When your jurisdiction sends out zoning -related notices to affected property owners, is it by A: postcard B: regular mail C: certified mail The survey was conducted via email. 12 Cities responded, three did not. The responses were `copied and pasted' into this document with quotation marks added. Original emails on file Responses Jurisdiction Comment Brevard County_"Post cards." Cocoa "It usually is certified." Cocoa. Beach mail. Saves a iitde money and satisfies the code." India12** c No TP.-M Pons- Indian Harbour Beach lar mail " "CertSfied, regular welt,il " mail". Melbourne "We use regular mail - our City Code specifically references these as courtesy notices." Melbourne Beach No reWonse. Melbourne Village No response. Palm Bay "Regular mail. However, we are currently exploring the idea of post cards for several reasons.- easonsrPalm PalmShores "Re lar Mail." Rockledge "Regular letters. The letters min more inforrnafion than the P/C and tends to cut down on the phone calls to City Hall by curious citizens. All three choices are legal with the certified mail being the mostexpensive." Satellite Beach Mail." Titusville `Bright orange postcards-" West Melbourne -N c send it by .both regular a—LW' ce of ccd mail depending on Elie issue.' Summary: Postcards 2 of 12 (17%) Regular mail 7 of 12 (580/6) Certified mail 2 of 12 (17%) Depends on issue 1 of 12 (8%) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecxnaveral@cfLrr.com City of Cape Canaveral Recent history of undelivered certified courtesy notices -Todd Morley, Building Official The four most recent zoning applications for which courtesy notices were mailed: Name # of certified # of undelivered return Percentage mailings 4 .. receipts undelivered $5.93/ea. Kabboord's Vehicle 84 15 17.86% rental facility ($498.12) ($88.95) Yogi's alcohol 85 14 16.47% license ($504.05) ($83.02) Beach Auto 253 58 22.92% vehicle repair ($1,500.29) ($343.94) facility expansion ice ivian 441 102 23.12/0 ice vending, building ($2615.13) ($604.86) Total 863 $5,117.59 189 $1,120.77 21.9% Summary: Approximately 22% of the notices do not make it into the hands of the property owner. Planning & Zoning Board Meeting Minutes March 12, 2008 Page 2 Todd Morley, Building Official, explained that when Ordinance No. 04-2003 was written, the intent was to require Community Appearance Board approval for any change to the exterior of a building or roof color in the commercial zoning district. When the change of color issue was discussed and codified in 2003, the codification had the unintended effect of appearing to remove all residential development from the scope of the Community Appearance Board. Mr. Morley advised that the solution was to insert the words "in all zoning districts" in the first sentence of Section 22-40(a). Mr. Morley read the code section for the record. Discussion followed. Chairperson McNeely asked if the Community Appearance Board had been informed of the proposed code clarification. Mr. Morley responded that the Community Appearance Board was not made aware of the proposed code amendment, because the purpose was to preserve the original intent; however, he could inform the Board before the change is presented to the City Council. Assistant City Attorney, Kate Latorre, advised that she would present the proposed code clarification to the Community Appearance Board at their meeting Monday evening. Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval of the proposed ordinance amending Section 22-40, clarifying which properties were subject to Community Appearance Board review. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Proposed Code Amendment, Section 110-28, Courtesy Notices. Todd Morley, Building Official, advised that city staff performed a survey on how other municipalities send zoning related notices to affected property owners. He summarized the results of the survey as follows: 12 municipalities responded; 2 of 12 send postcards; 7 or 12 send regular mail; 2 of 12 send by certified mail; and 1 of 12 send the notices by regular or certified mail depending on the issue. Mr. Morley advised that City staff also reviewed the history of undelivered certified courtesy notices from the last four special exception requests. He summarized that approximately 22% of the notices did not make it into the hands of the property owner. The Board members reviewed the survey. Brief discussion followed. Mr. Morley explained that if the City mailed bright orange postcards, it is likely that more property owners would receive them, which would result in increased owner/citizen participation. Mr. Morley read the existing definition of a courtesy notice from the City code. He explained the benefits of sending the courtesy notices via regular mail as follows: the notices would be less of an expense to the applicant; less staff time monitoring return receipts; and there may be a greater likelihood that the courtesy notice would end up in the owner's hands with little effort on their part. Planning & Zoning Board Meeting Minutes March 12, 2008 Page 3 He read the proposed change to the ordinance allowing courtesy notices to be processed by regular mail or post cards. Brief discussion followed. Kate Latorre, Assistant City Attorney, encouraged the Board to consider the Building Official's recommendation, because the notice was simply a courtesy notification to affected property owners, not a requirement. The Board members reviewed Mr. Morley's proposed code amendment. Brief discussion followed. Motion by Lamar Russell, seconded by John Johanson, to recommend approval of the proposed code amendment, with the City Manager deciding if the notices would be sent certified or regular mail depending on the issue. Following discussion, Mr. Russell withdrew his motion. Discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of the proposed code amendment as drafted by the Building Official. Vote on the motion carried unanimously. OLD BUSINESS 1. Discussion Re: Mixed Use Districts. Todd Peetz, City Planner, explained that the Florida Redevelopment Association may be attending the Board's meeting on April 9th or May 14th to educate the Board on community redevelopment. Lamar Russell noted that the Board would also be educated on lessons learned. Following discussion, Mr. Peetz advised that the first meeting with an associate from the Florida Redevelopment Association would educate the Board on mixed -uses and lessons learned; and then the associate would come back at another meeting to discuss how the City could benefit from the Community Redevelopment Agency. Todd Peetz advised that he performed research as requested by Mr. Dunn at the last meeting on failed mixed use districts. He explained that he performed a Google computer research and he found only one article about a mixed use development that was not developed because of the economy. Mr. Peetz pointed out and highlighted some of the articles contained in the Board packet. During discussion, the Board looked forward to a speaker coming in and educating them on mixed uses. Mr. Russell commented that the City could add pictures in the City code of expectations of mixed uses the City favored and show illustrations of do this, not this. Mr. Russell suggested that the Board members review the existing residential planned unit development code to familiarize themselves on types of mixed uses. Meeting Type: Regular Meeting Date: 04-01-08 AGENDA Heading Ordinances -l' Reading Item 4 No. building official's memo. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-2008, AMENDING SECTION 22-40 TO CLARIFY WHICH PROPERTIES ARE SUBJECT TO COMMUNITY APEARANCE BOARD REVIEW DEPT/DIVISION: COMMUNITY DEVELOPMENT/BUILDING Requested Action: City Council consider at first reading, Ordinance No. 05-2008 amending Section 22-40 to clarify which properties are subject to Community Appearance Board review as recommended by the Planning & Zoning Board, at the request of the building official. Summary Explanation & Background: The P&Z Board recommended this code amendment at their 3/12/08 meeting. See attached P&Z memo and building official's memo. Please advise. Exhibits Attached: P&Z memo; building official's memo; Ordinance No. 05-2008; Ordinance No. 04-2003; council minutes City Manages' Office Department COMMUNITY DEVELOPMENT/BUILDING -nt\kim\my c is\admin eting\2008\04-01-08\05-2008.doc City of Cape Canaveral 11: cher, City Manager ousan auris, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Section 22-40 Clarifying which Properties are Subject to Community Appearance Board Review At the Planning & Zoning Board meeting held on March 12, 2008, by unanimous vote, the Board recommended to the City Council that the proposed ordinance be approved, clarifying which properties are subject to Community Appearance Board review. I have attached the data provided to the Board regarding this issue, along with the meeting minutes. Please schedule this recommendation on an upcoming City Council meeting agenda. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com il� 1:11 -fieJ Date: December 19, 2007 To: Bea McNeely, Planning and Zoning Chairperson From: Todd Morley, Building Official RE: Ordinance revision - Sec 2240 At my request, the City Attorney's office has produced the attached revision to City code Sec. 22-40 as it relates to the Community Appearance Board. It is created to resolve an unintended problem with the current wording The problem: Ord. 04-2003 was written with the intent to require CAB approval for any change of exterior building and roof colors within the C-1, C-2, and M-1 zoning districts. While that was accomplished, the ordinance has had the unintended effect of appearing to remove all residential development from the scope of the CAB. This gives the appearance that only C-1, C-2 and M-1 projects are reviewed by the board (see attached draft). When the `change of color' issue was discussed and codified in 2003 this was not the intent. The solution: By inserting the words "in all zoning districts" in the first sentence, the intent is preserved. Sec. 22-40. Approval prerequisite for permits. (a) Without exception, all plans, elevations, proposed signs for buildings or structures in all zonin2 dl h4cts and exterior building and roof colors within the C-1, C-2, and M-1 zoning districts, or alterations thereto, shall be approved by the community appearance board, or by the city council under limited circumstances prodded in this article, before a permit is issued for any building, structure, sign or other development of property, of appurtenances or alterations thereto, which have an exterior visual impact or effect on the community. ARTICLE III. COMMUNITY APPEARANCE REVIEW Page 1 of 1 i Sec. 22-40. Approval prerequisite for permits. (a) Without exception, all plans, elevations, proposed signs for buildings or structures and exterior building and roof colors within the C-1, C-2, and M-1 zoning districts, or alterations thereto, shall be approved by the community appearance board, or by the city council under limited circumstances provided in this article, before a permit is issued for any building, structure, sign or other development of property, or appurtenances or alterations thereto, which have an exterior visual impact or effect on thecommunity. (b) Notwithstanding paragraph (a) of this section, if the building official determines (at his sole discretion) that a building permit application is minor or insignificant, the building official may grant the permit without submitting the application to the community appearance board for approval, providing the permit is consistent with the intent and purpose of this article. For purposes of this paragraph, the phrase "minor or insignificant' shall mean a small scale renovation or modification project affecting a small site and having a nominal exterior visual impact and effect on the community. Any party or person adversely affected by a decision made by the building official may appeal such decision to the community appearance board. (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, § 2, 2-18-03) http://Ilbraryl.municode.com/default/DocView/12642/l/66/69 3/25/2008 ORDINANCE NO. D 2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, OF THE CITY CODE RELATED TO COMMUNITY APPEARANCE REVIEW; AMENDING SECTION 22-40 TO CLARIFY WHICH PROPERTIES ARE SUBJECT TO COMMUNITY APPEARANCE BOARD REVIEW PRIOR TO ANY BUILDING PERMIT BEING ISSUED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article III of Chapter 22 of the City Code sets forth a comprehensive community appearance review procedure in furtherance of preserving and improving the City's aesthetic appearance, beauty and character, so as to ultimately enhance the qualify of life and civic pride of all people who reside, work, vacation, or spend time in the City; and WHEREAS, on February 18, 2003, the City Council adopted Ordinance 04-2003 amending section 22-40 of the City Code to require that any changes to exterior building or roof colors in gnly the C-1, C-2 or M-1 zoning districts be subject to community appearance review; and WHEREAS, section 22-40 requires further amendment in order to clarify that development of property in ill of the City's zoning districts, except changes to exterior building or roof colors in zoning districts other than C-1, C-2 and M-1, is subject to Community Appearance Board review before a permit is issued for any building, structure, sign or other development of said property, or appurtenances or alterations thereto; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. _-2008 Page 1 of 3 Section 2. Code Amendment. Chapter 22, Community Development, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and striikee type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 22. COMMUNITY DEVELOPMENT ARTICLE II. COMMUNITY APPEARANCE REVIEW Sec. 2240. Approval prerequisite for permits. (a) Without exception, all plans, elevations, proposed signs for buildings or structures in all zoning districts, or anv alterations thereto, and exterior building and roof colors within the C-1, C-2, and M-1 zoning districts, or alterations thereto, shall be approved by the community appearance board, or by the city council under limited circumstances provided in this article, before a permit is issued for any building, structure, sign or other development of property, or appurtenances or alterations thereto, which have an exterior visual impact or effect on the community. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and 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 City of Cape Canaveral Ordinance No. _-2008 Page 2 of 3 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 .2008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts 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 No. _-2008 Page 3 of 3 PLANNING & ZONING BOARD MEETING MINUTES MARCH 12, 2008 A Regular Meeting of the Planning & Zoning Board was held on March 12, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell Donald Dunn Harry Pearson John Johanson Ronald Friedman MEMBERS ABSENT John Fredrickson OTHERS PRESENT Susan Chapman Robert Hoog Shannon Roberts Kate Latorre Todd Morley Todd Peetz NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Board Secretary Mayor Pro Tem Council Member Assistant City Attorney Building Official City Planner 1. Approval of Meeting Minutes: February 27, 2008. Motion by Donald Dunn, seconded by Lamar Russell, to approve the meeting minutes of February 27, 2008. Brief discussion followed. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Proposed Ordinance Amending Section 22-40, Clarifying which Properties are Subject to Community Appearance Board Review. Planning & Zoning Board Meeting Minutes March 12, 2008 Page 2 Todd Morley, Building Official, explained that when Ordinance No. 04-2003 was written, the intent was to require Community Appearance Board approval for any change to the exterior of a building or roof color in any zoning district. When the change of color issues was discussed and codified in 2003, the codification had the unintended effect of appearing to remove all residential development from obtaining Community Appearance Board approval. Mr. Morley advised that the solution was to insert the words "in all zoning districts" in the first sentence of Section 22-40(a). Mr. Morley read the code section for the record. Discussion followed. Chairperson McNeely asked if the Community Appearance Board had been informed of the proposed code clarification. Mr. Morley responded that the Community Appearance Board was not made aware of the proposed code amendment; however, he would inform them if the P & Z Board made it a part of their recommendation before the change is presented to the City Council. Assistant City Attorney, Kate Latorre, advised that she would present the proposed code clarification to the Community Appearance Board at their meeting Monday evening. Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval of the proposed ordinance amending Section 22-40, clarifying which properties were subject to Community Appearance Board review. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Proposed Code Amendment, Section 110-28, Courtesy Notices. Todd Morley, Building Official, advised that city staff performed a survey on how other municipalities send zoning related notices to affected property owners. He summarized the results of the survey as follows: 2 of 12 send postcards; 7 or 12 send regular mail; 2 of 12 send by certified mail; and 1 of 12 send the notices by regular or certified mail depending on the issue. Mr. Morley advised that City staff also reviewed the history of undelivered certified courtesy notices from the last four special exception requests. He summarized that approximately 22% of the notices did not make it into the hands of the property owner. The Board members reviewed the survey. Brief discussion followed. Mr. Morley explained that if the City mailed bright orange postcards, more property owners would receive them, which would result in increased owner/citizen participation. Mr. Morley read the existing definition of a courtesy notice from the City code. He explained the benefits of sending the courtesy notices regular mail as follows: the notices would be less of an expense to the applicant; less staff time monitoring return receipts; and there may be a greater likelihood that the courtesy notice would end up in the owner's hands with little effort on their part. ORDINANCE NO. 04-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C-1, C-2 AND M-1 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City may legislate to protect the appearance of its community as a legitimate exercise of its inherent police power. City of Sunrise v. D. CA. Homes, Inc., 421 So.2d 1084 (Fla. 4`h DCA 1982) ; and WHEREAS, the City has a legitimate need to ensure the aesthetic uniformity of its community by regulating the exterior colors of buildings located in areas having a future commercial, light industrial or manufacturing land use designation; and WHEREAS, the City Council finds that establishing regulations concerning the aesthetic appearance of exterior building colors in commercial, light industrial and manufacturing zoning districts will promote the overall aesthetic uniformity, consistency, and appearance of such districts; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995); 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: City of Cape Canaveral Ordinance No. 04-2003 Page 1 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 22 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and stHceetrt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 22 COMMUNITY DEVELOPMENT Article III. Community Appearance Review Sec. 22-40. Approval prerequisite for permits. (a) Without exception, all plans, elevations, and proposed signs for buildings or structures, and exterior building and roof colors within the C-1 C-2 and M 1 zoning districts or alterations thereto, shall be approved by the community appearance board, or by the city council under limited circumstances provided in this article, before a permit is issued for any building, structure, sign or other development of property, or appurtenances or alterations thereto, which have an exterior visual impact or effect on the community. See. 22-42. Procedure. (c) Conduct of hearing; approval or denial. At the designated public hearing, the community appearance board shall hear the applicant on the proposed application, and shall hear from members of the general public in accordance with the rules and procedures adopted by the city council and the board. During the public hearing, the applicant may be present in person or by counsel, and the applicant has the right to present evidence in support of his position and cross examine adverse witnesses whose testimony is offered at the hearing. The community appearance board may approve, approve with conditions, or disapprove the application only after consideration of whether the following criteria are complied with: (1) The plans and specifications of the proposed project indicate that the setting, landscaping, ground cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. City of Cape Canaveral Ordinance No. 04-2003 Page 2 of 5 (2) The plans for the proposed building or structure are in harmony with any future development which has been formally approved by the city within the surrounding area. (3) The plans for the proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or C. Other significant features of design such as, but not limited to: materials, roof line and height or design elements. (4) The plans for the proposed building or structure are in harmony with the established character of other buildings or structures in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. (5) The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other applicable federal, state or local laws. U Within the C-1. C-2 and M-1 zoning districts any exterior building or roof color used shall be well designed and integrated with the architectural style of the building and surrounding landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity within the district Bright or brilliant colors shall not be permitted except for use as an accent color within the C-1 C-2 or M-1 zoning districts. Sec. 22-44. Application criteria. Upon an application created by the building official, an applicant shall submit the following application criteria to the building official for consideration by the community appearance board: City of Cape Canaveral Ordinance No. 04-2003 Page 3 of 5 Level 3 review (Change of exterior building or roof color upon commercial buildings or structures within the C-1 C-2 or M-1 zoning districts): a. Vicinity map locating all zoning classifications including orientation of all color photographs b. Materials, texture and color board depicting location of colors, and C. Minimum of three color photographs of site and setting (surrounding area). Section 4. 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 5. 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. Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Left blank intentionally, adoption next page] City of Cape Canaveral Ordinance No. 04-2003 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of February, 2003. ATTEST: Susan Stills, City Clerk First Reading: 2/4/03 Legal Ad published: 2/8/03 Second Reading: 2/18/03 Approved as to legal form and sufficiency for the it ape Canaveral only: Anthony A. Garganese, City Attorney FADocs\City of Cape Canaveral\Ordinances\Color_Regulation.wpd Rocky Randels, Mayor City of Cape Canaveral Ordinance No. 04-2003 Page 5 of 5 For Against Bob Hoog Motion Jim Morgan Second Buzz Petsos X Rocky Randels X Richard Treverton X City of Cape Canaveral Ordinance No. 04-2003 Page 5 of 5 City of Cape Canaveral, Florida City Council Regular Meeting February 4, 2003 Page 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C4, C-2 AND M4 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that bright or brilliant colors would not be allowed as exterior building paint colors in order to provide a more uniform aesthetic in the community. Ms. McNeely related that this ordinance originated from the Community Appearance Board. She said that the language provides leeway for the Board's authority to make recommendations but would not restrict the applicant. Mr. Treverton expressed that there is enough latitude in the language using the verbiage bright or brilliant to provide authority for the Board. He related that McDonald's chose brighter colors when repainting their building that differed from their initially subtle earth tones. He inquired what would happen if a party would choose to repaint in the future? Mr. Hoog asked Mr. Morley if painters are regulated. Ms. Bowers responded that painters are regulated from a competency or occupational standpoint. Mr. Morley asked how the building would come before the Community Appearance Board after -the -fact. Mayor Randels replied that Code Enforcement would need to address situations after -the - fact. Mr. Nicholas pointed out that code section was considered in the zoning because the subject referred to zoning districts however the ordinance applies to aesthetics. Attorney Garganese replied that the ordinance could be restructured and applied to the Community Appearance Board Code Section instead. Attorney Garganese replied to Mayor Randels that he would create conforming amendments to move the ordinance to Chapter 22 of the City code. Mr. Morley related that a resident constructed a tent that is not in violation of any building code or a code enforcement violation. However, a mechanism through the Community Appearance Board might remedy issues such issues. Main motion as amended: A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 04-2003 for second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. An amendment to the main motion was made by Mayor Randels and seconded by Mr. Morgan to direct the City Attorney to make conforming amendments and set forth in Chapter 22. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 05-2003; Amending Chapter 2, Article VI, Providing for a New Section 2-260 Entitled Procedures for Satisfaction or Release of Code Enforcement Liens, for second reading. Mayor Randels read Ordinance No. 05-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, PROVIDING FOR A NEW SECTION 2-260 ENTITLED PROCEDURES FOR City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 6 Mayor Pro Tem Petsos replied to Mr. Petre's concern on enforcement that Section 5 states incorporation into the City code and therefore the Code Enforcement would regulate. Mr. Saurenmann stated that the 15 -foot green belt is not a good idea in that it allows for vandalism and theft of the vehicles on the property. Mr. Morgan asked if the intention of the green belt was for grass. Mr. Nicholas replied that landscaping was the intent in order to make the area aesthetically pleasing. Mr. Boucher referred to the 30 -day storage and said that he would like to combine this section with the Abandoned Vehicle section in Chapter 34 that requires 72 -hours for removal of junk cars. Mr. Morgan expressed that further discussion appeared necessary at this point due to questions raised during the discussion. Attorney Garganese advised prior to calling the question that a Motion to Table does not preserve advertising and a date certain needs to be included in the motion. A motion was made by Mr. Morgan and Mayor Pro Tem Petsos to table Ordinance No. 02-2003 until the next City Council meeting of March 4, 2003. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Adopt: Ordinance No. 04-2003; Amending Chapter 22 of the Code or Ordinances; Providing for the Regulation of Exterior Building Colors within the C-1, C-2 and M-1 Zoning Districts. Mayor Randels read Ordinance No. 04-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OR DINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C-1, C-2 AND M4 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that after previous discussion the Council decided to place the Code section under Chapter 22, Community Development. He explained that this ordinance would confer authority to the Community Appearance Board to eliminate bright or brilliant colors on commercial buildings except as accent colors. Mr. Treverton clarified that this ordinance applied to new construction that requires a permit and not to existing commercial buildings that decide to repaint. Mayor Randels replied that if the property is a Level III review, then the code would apply. Mr. Craig Stewart pointed out that some trademark companies that the Board might not find beneficial to the aesthetics of the City, the Board would address. The City's attempt is to maintain an aesthetically pleasing Al A corridor. Mr. Boucher pointed out that under Code Section 22-40 the Building Official has the latitude to authorize insignificant changes. Attorney Garganese clarified that the changes must be minor or insignificant in impact. Mr. Treverton pointed out that his regulation was intended to equip the Board and eliminating florescent colors was the intention. Mr. Morgan reminded that the building color would be reviewed during City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 7 remodeling. Mr. Treverton asked if there were a mechanism on the permitting form that described the type of work to include painting. Mr. Morley replied that the work performed is clearly described on the permitting application. Mayor Randels clarified how a City may enforce its aesthetics and read from a court case involving Jupiter, Florida that "where it is determined that a rationale relationship exists between a legitimate government objective such as establishing aesthetically pleasing corridors and whether to further regulate such purposes." Mr. Morley said on a final note that he would like for the Board to consider what is written under C-1 zoning that requires the owner to maintain the existing character with regulation by Code Enforcement. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 04-2003 at second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 05-2003; Amending Chapter 2, Article VI, Providing for a New Section 2-260 Entitled Procedures for Satisfaction or Release of Code Enforcement Liens. Mayor Randels read Ordinance No. 05-2003. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, PROVIDING FOR A NEW SECTION 2-260 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that this ordinance would provide for a formal procedure to satisfy or reduce a lien ordered by the Code Enforcement Board. Mayor Randels read through the proposed intended procedures. Mr. Treverton referred to Paragraph (a) and questioned that language that authorized the City Manager to proceed with recording the lien but he is not directed to do so. Mr. Morgan agreed that the intention is to have the City record the Satisfaction of Lien and remove it from the Clerk of Courts books. There was no public comment. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to amend Section 2-260, Paragraph (a) to read the City Manager "shall" execute and record a Satisfaction of Lien. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. Main Motion: A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 05-2003 at second reading. The motion carried 5-0 with voting Meeting Type: City Council Meeting Date: 04-01-08 AGENDA REPORT PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL AGENDA Heading Ordinances -21 Reading Item 5 No. site plan for the Cape Caribe resort. SUBJECT: RECOMMENDATION FROM THE LOCAL PLANNING AGENCY TO APPROVE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT 08-01, ORDINANCE NO. 02-2008 SMALL SCALE COMPREHENSIVE PLAN AMENDMENT, CHANGE FROM R-3 RESIDENTIAL TO C-1 COMMERCIAL - CAPE CARIBE DEPT/DIVISION: BUILDING DEPARTMENT Requested Action: Approve per the recommendation of the Local Planning Agency or deny Small Scale Plan Amendment 08-01 of 1.95 acres from R-3 Residential to C-1 Commercial. Summary Explanation & Background: An application was received from Cape Caribe to expand 1.2 acres of C-1 Commercial to be used for parking and expand their water amenities. Cape Caribe will also be amending, at some point in the near future, their site plan for the Cape Caribe resort. The remaining portion of the amendment is to fill in what was previously shown on the Future Land Use Map as the proposed Ridgewood Avenue extension. Ridgewood Avenue was a proposed road and is not City right of way, but wholly owned by Cape Caribe. This is only that portion north of Shorewood Drive. The total amendment area is 1.95 acres. The applicant has requested to table this item while they develop a revised site plan for the R-3 and C-1 properties. Exhibits Attached: Application from Cape Caribe; Staff Reports/Request to Table City Mana Office Department BUILDING DEPARTMENT e -n kim\my nts\admin\c meeting\2008\04-01-08\02-2008.doc Page 1 of 1 Bennett Boucher From: Tammie Jones [tjones@benkol .com] Sent: Wednesday, March 19, 2008 5:12 PM To: boucher-cape@cfl.rr.com Cc: Kohn Bennett; John Grandlich Subject: Cape Caribe Good afternoon Bennett, Pursuant to your discussions with Kohn Bennett we would like to table the 2nd reading of the Comp. Plan Amendment and rezoning for the Cape Caribe project. If at all possible, please hold the advertisement for this meeting. If you should have any questions, please do not hesitate to call Kohn Bennett or John Grandlich. Thank you. Tammie Jones Towne Realty, Inc. 321-784-8093 321-784-3644(fax) tjones@benkol.com 3/25/2008 ORDINANCE NO. 02-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO 11C-1 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing on February 27, 2008, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Council; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated City of Cape Canaveral Ordinance No.02-2008 Page 1 of 3 herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Cape Canaveral Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibits "A" and "B" from "R-3 Residential" to "C-1 Commercial." Exhibits "A" and `B" are attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with section 163.3187(4), Florida Statutes, and section 9J-11, Florida Administrative Code. Section 6. 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 7. 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 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (3 1) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the City of Cape Canaveral Ordinance No.02-2008 Page 2 of 3 Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as amended. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. City of Cape Canaveral Ordinance No.02-2008 Page 3 of 3 ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts 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 No.02-2008 Page 3 of 3 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared KATHY CICALA who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD#281326 $646.20) in the matter of CITY OF CAPE CANAVERAL The Court ORD. 02-2008 was published in the FLORIDA TODAY in the issues of MARCH 221, 2008 affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. Sworn to and subscribed before this ••••••••••JULIA A.133M1RAN ••••••••••� "' yn Cor l DD0607280 $� I O/ZZ2010 nF; Assn., Inc (Sign$u&of Affiant) JULIA A. BOWMAN (Name of Notary Typed, Printed or Stamped) Personally Known L" or Produced Identification Type Identification Produced DESCRIPTION . NOT A BOUNDARY SURVEY DESCRIP77ON OF EASEMENT. - s EXHIBIT A portion of Government Lot 1, Section 14, Township 24 South, Range 37 East, Brevard County, Florido, being more particularly described as follows. Commence at the Northwest corner of said Government Lot 1; thence S01'29'01"r, along the West line of said Government Lot 1, a distance of 260.06 feet, to the POINT OF BEGINNING of the herein described parcel. thence N89 45'43 E a distance of 243.76 feet; thence SOO'14'17"E, a distance of 216.99 feet; thence 589 4549 "W, a distance of 239.05 feet, to a point on the West fine of said Government Lot 1; thence N0129'Ol'W, along the West line of said Government Lot 1, a distance of 217.04 feet, to the POINT OF BEGINNING,• Containing 1.20 acres, more or less. SURVEYOR'S NOTES.• 1. THIS IS NOT A SURVEY. 2. The bearings shown are based on o bearing of S0129'07'E' along the West line of Government Lot 1. J. 0 Denotes o change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIP770N. SHEET 2 OF 2 PREPARED BY: LLE N ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (321)783-5902 CER 7IFlCATE OR AUTHORIZA77ON jf LB 266 J. 2. 1. JOB NO. 980129 DATE.- 12-07-07 SURVEYOR'S CER77nCA770N. I hereby certify that the attached Property Description was prepared under my direction, in accordance with alt applicable requirements of i the 'Minimum Technical Standards," for land surveying in the State of Florido, described in Chapter 6/G17-6, Florida Ad a Code, 2 Pursuant to Chapter 472.027, Florida Stotutes.oti 6Y - Not valid without the signature and the original raised sea/ of a Florida licensed surveyor and mopper. FL PREPARED AND CER T7FIE0 FOR. 6EPH C. BZIkL&R% >S/ONAL SURVEYYOR MAPPER, RE0S7RA 770N Nv. 4222 REAL TY, INC. 0-1 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY NORTHWEST WEST LINE OF GOVERNMENT LOT 1 POW OF BEGINNING LOT 1 CANYAVEF fL PORT AUTHORITY SUBJECT PARCEL 1.20 ACRES t S 89'45'49"W. PREPARED BY: I LE.N ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (321)783-5902 CER 77RCATE OF AUWORZA77ON # LB 266 t. _ DAT T. 12-07-07 JOB NO. 980129.4 DRAWN BY,• KSC SCALE.- 1 "=50' :W n O O vi N 239.05' CAPE CARIBE SCALE: 1"=50' 3 q Z 0 0 ,is ss o 30 0 ,00.0 w GRAPHIC SCALE �1 SHEET 1 OF 2 N SEE SHEET 2 OF 2 FOR DESCR/P770N, a SURVEYOR'S CER77RCA710N AND SURVEYOR'S NOTES ARED AND CERTIFIED FOR: TOWNE REALTY, INC. SHEET 1 OF 1 11 k EXHIBIT A PORTION OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE RUN S01'29'01"E ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE; THENCE RUN S89'45'43"W ALONG SAID NORTH RIGHT OF WAY LINE, 66.02 FEET TO A POINT 66.00 FEET PERPENDICULAR DISTANCE TO THE AFORESAID EAST LINE OF GOVERNMENT LOT 1; THENCE RUN N01'29'01 "W PARALLEL WITH AND 66.00 FEET PERPENDICULAR TO SAID EAST LINE OF GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 1; THENCE RUN N89'45'43"E ALONG SAID NORTH UNE, 66.02 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 33,008 SQUARE FEET (0.758 ACRES) MORE OR LESS. GRAPHIC SCALE 0 50 100 200 ( IN FEET ) 1 INCH = 100 FEET MILLED �, LEGG i'f Cry• ?; a,: p ° � $a9."_[ ..xc.^v.`:iYgyj as NOT PLATTED 802.69' NORTH LINE OF GOVERNMENT LOT 1 N89'45'43"E POINT of 66.02' NORITHEAST CORNER OF T T GOVERNMENT LOT 1 66.00' NOT PLATTED to z o o i 0 � N 0 N -j t0 cD O > O z NOT PLATTED zm m to O o 0 0 0 La N REMAINDER 813 57' NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE O c� O 0 � N z m m z NOT PLATTED 0 66.00' SHOREWOOD DRIVE S89'4543"W 0 6608 ' 3482 PG 369 RIGHT OF 66.02' t OR 3587 PG 2167 O = CHANGE: OF DIRECTION OR= OFFICIAL RECORD BOOK PG = PAGE of Authori2c:lon L8. 6680 66.00' - 1 HMMY CWTV nuT 7RS SM7M ►Elis nE WMAN 7E09GL STANDARDS AS SE' FOT3 T' 7ME t1DRLOA 80ARD OF PROfE'S'iWAI SIJRYEYORS AK7 YAPP4L5 a C•APSER SIC17-0. f1DROA ADIANSIRATIS COOS PO7t5L'ANT 1O SEr't* 472.027, FLOROA STAY= DATM T!6 2Dlh DAY Or OW3.T A 2407 A.D. RALPH THOMAS SNOW PROFESSIONAL URVEYOR AND LAPPM S' WE OF nAFMA REWSTRAIMN Na 5561 NOT V" "Ri0V7 THE SGRArblE AND SNE OBrcau RALSEO SfAL OF A nDRIDA LaCM= SVAyE'IW AND YAPPUk T.KS SNZ'W OOES NOT R-9PRESENT A SOUWARY SLayu— PE&M 1C lu 713 04-00170 ASKD-001 NOTICE OF A SMALL-SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT Notice is hereby given that the City of Cape Canaveral City Council, will hold a public hearing concerning this Small -Scale Comprehensive Plan Future Land Use Map Amendment on Tuesday, March 18, 2008 at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ORDINANCE r .. -..a NO. 02-2008 AN ORDINANCE OF THE .T CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT -~ BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "R-3 RESIDENTIAL" TO "C-1 COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 P.M. and may appear at the meeting and be heard with respect to the proposed Ordinance. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal the decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at (321) 868-1221, 48 hours in advance of the meeting. Susan Stills, CMC City Clerk Page 1 of I Susan Stills From: Conf@FLATODAY.NET Sent: Friday, March 07, 2008 4:38 PM To: stills-cape@cfl.rr.com Subject: Ad Correct For 0000279914 Dear Customer; Thank You for advertising with Florida Today. Your ad has been approved and will be processed by our AdPro Department. Ad number: 0000279914 Advertiser's Name: CITY OF CAPE CANAVERAL Publication: DAILY First Run Date: March 08, 2008 Ad Size: 2X10 Tag Line: [TAG LINE] Upload Date and Time: [TIME STAMP] Confirmation Number: 0000279914 Florida Today Ad Services Local Number: 321-242-3580 Toll Free: 1-800-633- 8449, Ext. 3580 Fax: 321-242-3933 03/07/2008 " City of Cape Canaveral Future Land Use and Zoning Amendments M1 R3 R3..�_.. M1 Ml R3 CON R2 CI MI Itl Cl RI r CI ✓ RI . _........ Ill -- Cl CS MI. RI N .. R2 R3 C2 C2 C2 Cl:. ,R2 RI R3 _. R2. _.RI ci RI , RIF R2_ ci R2 R2 CON R3 CI .. ... R2-- _. R2 _. .R2.._.. cl R2 _. PUB PUB PUB R2 R3 � C7... �. CI R2 R2 R3 _. _., -._ Cl R2 R2 R2 R2 CON RI _ R2 R2 CON .. - Rl -c-- CI l ` .. _ CI, C1 C1 R2 R2 R2 R2 R3rlt3 R3 CI -f. R2 R2 R2 R2 R3 _•. yam.. R2 . R3 /R3 Cl R2 R2 PUB C3.. R2 R2 - R3 CI Cl.. R2 R2-- R2 _-. R3.. CI . .. R2 R2 R2 R3 _.. ":.:c_.. pU8' PUB R2 R2 R3 ... PUB R2 R2 R2 R3.:_.. SubjectAma " C2 Cl R2 _-R2 R3 CI R2 R2 R3 Cl R2 R2 R31 23 R3C2 W \ Q _... CI R2 R2. R3. It = _ it2 12 ' 3 CI :.. _. a.... Legend _ Futuro Land Use/ Zoning C Commercial CI C2 Commercial w. M1 Indusmal R1 Resdenhal RI RI C! -- R2 Resde",a/ R3 Resrdenhal '- '-ON C_ S0181- R3 .._... _..: City of Cape Canaveral Streets Map M I L L E R~ EGG M"'" MePrepared ice','"`. March t, 2O08 City Of Cape Canaveral Future Land Use and Zoning Amendments N c) t P,, I ANID R1 T : c 4 Ak 1 lip TROPIC HOREWO DR. BEACH OR. a 1% F -. Y. - - - - - ± '.I OCE4H PARK N. HOREWOOD DR. '01, M[LLER\\/ LEGE yy 1 yr i C '�L SWIM M* City of Cape Canaveral Comprehensive Plan/Rezoning Cape Caribe Associates, Inc Applicant: Location: Existing Amendment Acreage: Cape Caribe Association, Inc Range: 37E Township: 24S Section: 14 Proposed Zoning Amendment Acreage: Permitted Hotel Units per acre: Permitted FAR Current Future Land Use: Proposed Future land Use: Current Zoning: Proposed Zoning: 1.95acres 1.95 acres 30 du/acres 1.5:1.0 Residential R-3 Commercial C-1 Residential R-3 Commercial C-1 Description: The applicant proposes a Comprehensive Plan Amendment to the Future Land Use Map and a Rezoning to the Zoning map for a 1.2 acre area of the Cape Caribe Resort development. The remaining acreage is an administrative change of .75 of an acre comprehensive plan change and 5.04 acres rezoning change from R-3 residential to C-1 Commercial. The administrative amendments represent removing Ridgewood off the map north of Shorewood Drive and the zoning amendment is to reflect a map inconsistency between the Future land use map and the zoning map. The Future Land Use Map and Zoning Maps are supposed to be identical except for where conservation and public lands are shown on the future land use map. The proposed Comprehensive Plan Amendment and Rezoning are from Residential R-3 to Commercial C-1 for both applications. The proposed changes to the Future Land Use Map and Zoning Map appear to be consistent and compatible with the C-1 district adjacent to and west of the subject site. The subject site is located at 1000 Shorewood Drive. The parcel is west of Shorewood Drive and south of George King Boulevard. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The proposed extension of the Cape Caribe Hotel is not anticipated to have a negative effect on parks and recreation. AIA is operating at Level of Service "D" with 289 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "D" with 541 excess trips. If developed as proposed, then no additional trips are anticipated with the already approved development. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject site has Palm Beach sand (Pb) soil type. This is a nearly level and gently sloping excessively drained soil on dune like ridges that roughly parallel the Atlantic Ocean. It consists of mixed sand and shell fragments. Slopes are mostly two to five percent. The water table is at a depth of more than 10 feet. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. North South East West Zoning Canaveral Port R3 Residential C-1 Commercial C-1 Commercial Authority Canaveral Port Authority Comp Plan Canaveral Port R3 Residential C-1 Commercial C-1 Commercial Authority Canaveral Port Authority Existing Canaveral Port R3 Residential Canaveral Port C-1 Commercial Conditions uthority Authority Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The proposed extension of the Cape Caribe Hotel is not anticipated to have a negative effect on parks and recreation. AIA is operating at Level of Service "D" with 289 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "D" with 541 excess trips. If developed as proposed, then no additional trips are anticipated with the already approved development. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject site has Palm Beach sand (Pb) soil type. This is a nearly level and gently sloping excessively drained soil on dune like ridges that roughly parallel the Atlantic Ocean. It consists of mixed sand and shell fragments. Slopes are mostly two to five percent. The water table is at a depth of more than 10 feet. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This project is for commercial development, and is not expected to directly generate any additional persons. City of Cape Canaveral cher, City Manager ousan guns, City Clerk From: Bea McNeely, Chairperson, Local Planning & Agency Re: Recommendation to City Council Ordinance #02-2008 Adopting a Small Scale Future Land Use Map Amendment by Changing the Future Land Use Map Designation of Certain Real Property Totaling 1.95 Acres More or Less, Generally Located Along the North Side of Shorewood Drive at the Southwest Corner of Jetty Park, From R-3 Medium Density Residential to C-1 Low Density Commercial — Petitioner is Cape Caribe, Inc., Kohn Bennett, Applicant. At the Local Planning Agency meeting, held on February 27, 2008, by a unanimous vote, the Board recommended approval of the above referenced Ordinance. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com DATE FILED:_ 1,A J'/ I RECEIVED BY: FEE PAID: 4P-// ) 0, 00 DEPOSIt: d� �l? , ($250.00 FILING FEE TS NON-REFUNDABLE) NATURE OF REQUEST kZgi'mc/ Comb' Pim —SPECIAL EXCEPTION ,VARIANCE X REZONING APPEAL CODE AMENDMENT IY1h1� DESCRIPTION OF REQUEST: (Insure that the specific sections of the city code that all and support your request are noted). (Attach separate sheet if necessary) See attached Exhibit ".A" Address of request: 1000 Shorewood Drive Legal Description: Lot_ , Block , Subd. Section___1_4__ Township 24S Range 37E STATEMENT OF FACT: State of Florida, County of Brevard; I, Kohn Bennett being duly sworn, depose and say that: I am the owner. X I am the owner's designated agent.(Attach notarized letter of authorization) Owner's Name -Cape Caribe, Inc. Address 710 N Plankinton Ave Home Phone# (If other than owner) Applicant's Name Cape Caribe, Inc. Address 1000 Shorewood Drive Home Phone# :y Milwaukee State WI Zip 52303 Work Phone# 414-274-2473 c/o Kohn Bennett City Cape Canaveral State FL Zip 32920 Work Phone#(321) 784-8093 All information, sketches and data contained and made part of phis request, onest and true to the best of my knowledge and belief. Sworn to and subscribed before me on this A 5�_ day of e to 6et,20_�L. Applicant's a Barbara Downey Commission # DD446461 Expires: AUG. 19, 2005 The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special Exceptions (Except Telecommunication Towers), 14 days prior to the Planning & Zoning Meeting, request for rezoning, 30 days prior to the Planning & Zoning Board Meetingg, Request for Telecommunication 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 an Notice posted on subject property on property owners within 500 ft. notified on r2i3ii2e0r 11:03 Aii 01i00ac8 - � ptiG1 pA IV�Gi Cann Amount 8.00 V LK g3'r;sd,134221 Amount $2,250. 00 APPLICA'T'ION FOR REZONING 0 COMPREHENSIVE PLAN AMENDMENT DEVELOPMENT FACT SHEET 1. APPLICANT: Name: Cape Caribe, Inc. c/o Kohn Bennett Adch-ess: -innnoh r nnn wv v1 ivrewoou vi ive, Cape Canaveral, a�, r L ��y20 Phone: (321) 784-8093 Fax: (321) 784-3644 2. PROPERTY LOCATION: General Location or Address: 1000 Shorewood Drive Legal Description: (May be attached to this sheet) Attached Size of Property in Acres: 1.20 acres 3. PRESENT ZONING CLASSIFICATION: Abutting Land Zoning: North: R-3 South: R-3 East: R-3 West: C-1 *Abutting Land Use: North: P South: R East: R West: RC 4. NATURAL FEATURES: Cleared EXISTING STRUCTURES: N/A CONSTRUCTION TYPE: N/A SIZE IN SQUARE FEET: N/A NUMBER OF STORIES: N/A SOIL: Tavares Fine Sands & Palm Beach Sands TOPOGRAPHY: Ranging from 8.7' to 12.0' VEGETATION: Cleared WILDLIFE: N/A FLOOD HAZARD: Zone X DRAINAGE: Exfiltration SITE ELEVATION: Ranges from 8.7' to 12.0' STRUCTURE ELEVATION: N/A 5. ENVIRONMENTAL ISSUES: N/A WATER: City of Cocoa AIR: None NOISE: None HISTORICAL/ARCHAEOLOGICAL: None ATTACHMENT REQUIRED A. A map showing the property and all adjoining property within 500 feet with zoning and use indicated. See Attached Exhibit "C" P = County Park R = Residential RC = Resort Condominium City of Cape Canaveral PROCEDURE FOR AMENDING COMPREHENSIVE PLAN 1. Local Planning Agency meets to discuss proposed amendment to the comprehensive Plan and establish a date for a public hearing on the proposed amendment. (Allow at least two weeks for advertising) 2. Local Planning Agency holds a public hearing on the proposed amendment, with due public notice (F.S. 163.3181, F. S. 166.04I) 3. City Council holds a public hearing on the proposed amendment, after due public notice per F.S. 163.318 1, F. S. 166.041. Council must approve (by motion) transmittal of the proposed amendment to the State Land Planning Agency. 4. Proposed amendment is transmitted to the state land planning agency, the appropriate regional planning council, the water management district, the Department of Community Affairs and the Department of Transportation for continents and evaluation. Proposed amendment must be submitted at least 90 days prior to adoption. The agencies have 45 days to respond. 5. After addressing all comments from other affected agencies the City Council holds a first and a second reading and public hearing of an Ordinance to adopt the amendment to the Comprehensive Plan. The amendment may be adopted on the second reading. The public hearings must be advertised as outlined In number 2 and 3 above. 6. The rezoning of the property will be in accordance with the requirements listed in Chapter 110 of the City Code of Ordinances. THE PROCEDURE OUTLINED ABOVE CAN BE FOUND IN ITS ENTMETy iN CHAPTER 163 OF THE FLORIDA STATE STATUTES. BUILDING & PUBLIC SAFETY DEPART& ENT CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AMEND TBE CON 1PREHENSIVE PLAN This application, rngcL,,-- wi;,ti sj .L pEOUiRED M. shall be completed and filed with the zoning division prior to the established filing deadlinc for the Public hearing before the Planning and Zoning Board. A COMPRJ~�ISIVE PL4N AMENDMENT DOES NOT E`ITITLE THE OWNER TO A DEVELOPMEYI' PERMiT, TYPE or PRINT the following information (f0 BE COMPLEYED BY APPLICANT] Owner(s):- Cape Caribe, Inc. Applitani — Kohn Bennett Address: _ 710 N Plankinton Avenue Address: 1000 Shorewood rive City: . Milwaukee State: W1Cin,;_ Cape Canaveral State: Florida Zip Code: 52303 Phone: 414-274-2473 Zip Code: 32920 Phone. - 021) 784-8093 TYPE OF REQUEST Change to the Text of the Cornpmt cwtve Pian Comprehensive Plats Elemeac Change to an Existing Provision: Atmch proposed wording, zr=n% and appropriate data and analysis to support the requested change, X Change to the Zoning Map .Exhdng Zoning Designadon: R-3 A --qua=d Zoning Designation: C-1 — AMachrcasons forrcqucstcd crtange: See attached Exhibit "A" X Change to the Future Land Use Man Existing Future Land Use Desi=arion:R-3 Requested Future Land Use Desigax Attach reasons for requested change - LOCATION See attached Exhibit "A" Section:_ 14 Township;__ 24S Ranger: 37 E Block- Lotffl= J: Subdivision: Totai Acrear. 120 Overall Dirneasions: A prox. 217'x 241' Location and Distance from Nearest public Road(s): AD[)rox. 2,275 ft. East -of N. Atlantic Avenue REQUIRED EXHIBITS ^ —2�-The complete legal description (and du tax Ideiulfc:idon number) of the property or portion thereof that the amendment is being requested for, typed on a separate sheet of paper. An error in the legal description roll result in the request being delayed at the owner/appiicam's e. -pane. X A certified survey of the subject pmpcmf. A Country Property Appraiser's map describing the -Pact parcel may be a=pEcd In lieu of a survey in certain Insanets. __2 _A County Property Appraiser's map identifying the subject property and all of the owner located within 300 fc_t of the boundaries of tho subject property. --?L-A list of dames and addresses oral] of the property owners located within Sao feat of the boundaries of the subject property znd keyed to the Cottnry Property Appraiser's trap. —.Y, -_A copy of the most recent recorded Warranty Deed. _Notarized statements from all property owners listed on the Warranty Decd who are authorizing someone other than themselves to act on their behalf as the applicant. Signature ofStafLmember discussing proposed action with the Applicant: The undersigned understands that this application must be comp!;= and accurate prior to advertising a public hearing: STATEOF Florida coum-Y OF Brevard i, Kohn Bennett being first duly sworn, depose and say than: ^T_t am the owner of the subject property, or (if corporation. I am he Otllccr of the corporation authorized to pct on this rcque:t). tel am the le;al representative of the owner of the subjeWFAM-KNaWLT pplicadon, pf the �perty-9 not owned, or owned only in part by the applicant. a notarized letter application ving written consent by all property owners of the subject property unless the appey for the er), ALL TfM ANSWERS TO THE QUFSCIONS M THIS APPj: KETC AND DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO WLT DGv_ iswi�t uta S WORN AND SUBSCRIBED TO BEORE ME THIS 5DAY OF Pi' b' MY CO SMON EXPIRES.• �f-I�t - U i iRY i -i. - C-SirEL OF FLORID/ A. riot uara 1JOWIle U Commission # DD446461 Expires: AUG. 19, 2009 AMt'Pk; i -ria-µ na—�We u", Ijno EO., In' J :nc�, Ford::. CFA B�re.va d C:a,un y Pr.,operty Appraiser, - MAD, Sea,rnh EXHIBIT "C" ZONING MAP SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY PV%%Y% OF COMMENCEMENT NORTHWEST CORNER OF GOVERNMENT LOT 1 14 oWEST LINE OF GOVERNMENT LOT 1 to N O O N vi POINT OF BEGINNING PREPARED BY: CAVA VL'RAL PORT A U 11h10B 1 'Y SUBJECT PARCEL 1.20 ACRES f S 89.4549 w ILEN ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (321)783-5902 CER 77RCATE OF AUTHOR/ZA77ON I LB 266 2. ! DA TE: 12-07-07 JOB NO. 980129.4 DRAWN BY.• KSC SCALE: 1 "=50' ,W N A O O Ui N 239.05' CAPE CARIBE SCALE: 1"=50' 0 123 2&0 fto 100.0 GRAPHIC SCALE SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR DESCRIP710N, SURVEYOR'S CERIIF/CATION AND SURVEYOR'S NOTES PREPARED AND CERTIFIED FOR: TOWNE REALTY, INC. DESCRIPTION NOT A BOUNDARY SURVEY DESCRIP71ON OF EASEMENT A portion of Government Lot 1, Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being mors particularly described as follows: Commence at the Northwest corner of said Government Lot 1; thence S0129'01 "E, along the West line of said Government Lot 1, a distance of 260.06 feet, to the POINT OF BEG/NN/NG of the herein described parcel; thence N89 45'43'E a distance of 243.76 feet; thence S00'14'17'E a distance of 216.99 feet; thence S8945'49"W, a distance of 239.05 feet, to a point on the West line of said Government Lot 1; thence N01'29'01 "W, along the West line of said Government Lot 1, a distance of 217.04 feet, to the POINT OF BEGINNING, • Containing 1.20 acres, more or less. SURVEYOR'S NOTES. 1. THIS /S NOT A SURVEY. 2. The bearings shown are based on a bearing of S01 29'01 E along the West line of Government Lot 1. J. 0 Denotes a change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIP110N. SHEET 2 OF 2 PREPARED BY: LLE N ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (321)783-5902 CER7IFICA7E OF AU77-10RIZA77ON I LB 266 SURVEYOR'S CERTIFICATION: l hereby certify that the attached Property Description was prepared 0 under my direction, in accordance with all applicable requirements of o the 'Minimum Technical Standards," for land surveying in the State of Q Florida, described in Chapter 61G17-6, Florida Adm' +s ra Code, 2 pursuant to Chapter 472.027, Florida Statutes./ / R Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. PREPARED AND CERTIFIED FOR: 1 •1 To JOB NO. 980129 DATE.- 12-07-07 / � N 0 PH C. B R OF SSIONAL SURVE OR MAPPER _moi nn n n�n,r�rn. T, n A 1 • .nnn Ll%%C LN ,�LVIJ II \/"1 /1V- 1Ya. -L— W � E REALTY, INC. This Instrument prepared by: After recording, please return to. Sanford N. Reinhard, Esq. 2875 N.E. 191st Street, Suite 404 Aventurs, FL 33180 CFN:99051185 03-16.99 08:37 am OR BooldPtge: 3989 / 1996 Sandy Crawfiord Clerk Of Courts, Brevarct County #Pgs:2 #Names:2 Trust: 1.50 Rec: 9.00 Serv:0.00 Deed: 50,400.00 Excise: 0.00 WARRANTY DEED "'t9: o.00 Int Tax: 0.00 THIS INDENTURE, made on etr- t) 19y K , between PHIL RUFFIN, ("Grantor"), and SOLANA DEVELOPMENT, INC., a Florida oration ("Grantee �, whose post office address is: 17/6 N. PLA/J rIN7DA1, /M I t k)ACk�f F � / S34203 WITNESSETH: That said Grantor, for and In consideration of the sum of Ten Dollars ($10.00) and No/100 and other good and valuable considerations to them in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in BREVARD County, Florida, to wit: See Exhibit "A" attached hereto and made a part hereof Tax Folio No.: This property is not homestead property and is not contiguous to homestead property and the principal residence of the grantor is® 15, s a S , t L Gu i' CA i 9�. This conveyance is subject to the matters set forth on Exhibit "B". TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered Printed name: LGf} I /— 7r PHIL RUFFIN Address: ® 110f '7 om TTEN NotSTATE OF NEVADA 85. 2002 COUNTY OF 0 C ) The foregoing instrument was acknowledged before.Ine on d g tt^90j by PHIL RUFFIN, who is personally known to me, or has producedO r7a/042-r identification, and who did/did not take an oath. as Print Name: beco G t As 1!A u p7r ,J My Commission expires: 43 t Q, Am L NOTARY PUBLIC, STATE OF tiLov A D A FV JPffln deed.wpd .i Exhibit A A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: commence at the Northwest corner of said Section 14; thence N89°43'34"E, along the North line of die Northwest anequarter of said Section 14, a dist=cc of 2,63994 fed, to the North one-quarter comer of said Section 14; thanw N890451439E, along the North line of the Nordwst ono quarter of odd Section 14, a distance of 883.S6 feet, to the POINT OF BEGINIGNG of the herein described parcel; thence continue, 149904543"E, along the North line of the Northeast one-quatter of said Section 14, a distance of 435.60 Ecol, to ' five . Nosthwa d omner of Government Lot 1 of said Section 14; thence SOl"29'OI"E, along the West line of said Govomment Lot 1, a distance of 790.19 feet, to a point an the South line of the North 790.00 feet of said Government Lot 1; thence N89645143"E, along add South litre, a distance of 260.06 feet, to a point on the East tine of tha West 260.00 feet of said Government Lot 1; thence N01°29'01 "W, along said East line, a distance of $30.13 feet, to a point on the South lane of the North 260.00 feet of said Govetnt ent Lot 1; thence N89"45143'E. along said South line, a distance of 1,554.47 feet;, to a point on the Erosion Control %ice of the Atlantic Ocean as shown on that survey approved by the Trustees of the Internal Lmprovement Trust Flund of the State of Florida on December 18, i973, and recorded in Survey Book 2 Pages 6 through 11 of the Public Records of Brevard Cou*, Plotda; thence S17°5736"W, along said Erosion Control Liao, a distance of 770.71 feet, to a point on the North line of the South 330.00 feet of said Government Lot 1; thence S89046S3"W, along said Worth line, a distance of 1,55793 feet, to a point an the West line of said Ooventnent Lot 1; thence S01°29'01 "E, along said West line and its Southerly extension. a distance of 528.24 feet, to a point on the Notch line of lands described In Deed Book 177, Page 118 of the Public Records of Brevard County, Florida; thence S89045143"W, along said North line, a distance of 456.45 feet, to the Northwest comer of said Ieads; thence S00026153"W, along the West Una of said lands, at distan+oe of 102.77 feet, to a point on tine North line of The Villages Of Seaport, A 'Condoniiniutn, as descn'bed In Official Records Book 2598, Page 135 of the Public Records of Snvard County, Florida, thence. S89°52'21 "W, along said North I'n's, a diatanm of 603.15 &es: thence Ml -29-01M a distance of 1,121.77 feet; thence N89"45'43"B, a distance of 627.44 feet, thence NOl°29'01"W, a distance of 500.12 feet, to the POINT OF BEGINNIIdO; Containing 56.49 acres, more or less. ------------------------------ NOTICE OF ZONING AMENDMENT Notice is Hereby Given that the City of Cape Canaveral Planning and Zoning Board will consider an amendment to change the zoning classification of certain real property from R-3 (Medium Density Residential) to C-1 (Low Density Commercial) in the City of Cape Canaveral. The Public Hearing on the Proposed Zoning Amendment will be held on Wednesday, February 27, 2008, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape 1$p.. City of Cape Canaveral Canaveral, Florida. Future Land Use and Zoning Amendments ORDINANCE NO. 03-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF a°^° CAPE CANAVERAL CHANGINGI D HE ZONING MAP i DESIGNATION OF R CERTAIN REAL - -T P R O P E R T Y -- -- -- °°ERM MF LN _ TOTALING 6.24 ="°p`"°°° - - ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 P.M. pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. £;10 [haat,., nRen V Ll JC411 VLt11J, I IvIIJ, City Clerk O,�1.Illzdog - Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: February 18, 2008 Re: Cape Caribe Comprehensive Plan Amendment and Rezoning I have reviewed the Cape Caribe Comprehensive Plan Amendment and have no comments. The rezoning; however, I believe the letter from the applicant stating that this is zoning change is for expanding their water amenities and parking should be a binding development agreement. If you have any questions, or need further information please feel free to contact me at 407-629-8880. PmGG^sGi V �v JAN 2 5 2W8 SQA MILLER. LEGG A9W1)(t ; INt; January 23, 2008 Todd Peetz Miller Legg & Assoc 631 South Orlando Avenue Winter Park, FL 32789 RE: City Review of Cape Caribe Inc. Rezoning / Comprehensive Plan Amendment 1St Review SSA Job #: 05-0025 Dear Todd: 0y) oe).% ;)'ahn cfr��c �h al lel o �e h 1 J ft Via f V1CV) (+ awckX , "V U Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has reviewed the rezoning submittal for the above referenced project dated January 8, 2008 at 1000 Shorewood Drive and offer the following comments: 1. It is recommended that a binding site plan be part of this Comprehensive Plan Amendment prior to approval. 2. The summary of the added acreage on Exhibit B does not list the parking and drive- thru aisle. If you have any questions, please do not hesitate to contact our office. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. John A. Pekar Senior Vice President cc: File SMTTI.ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Sox 1630 Cape Canaveral, Florida 32920 Tel 321.7831320 Fax 321.783.7065 ieei�9o2v. w#t.�ES0762 #LB0006700IlFileservel roJects105-00251056-1004AI - Cape Car6rezoning c -Susan Chapman From: Todd Peetz [TPeetz@millerlegg.com] Sent: Thursday, February 21, 2008 4:38 PM To: chapman-cape@cfl.rr.com Subject: FW: Cape Caribe plan amendment From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Monday, January 14, 2008 11:34 AM To: Todd Peetz Subject: RE:Cape Caribe plan amendment Todd, I have reviewed this and have no comments at this time. Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e-mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) MEMORANDUM TO. Todd Peetz City Planner FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 01/10/08 RE: Cape Caribe — Rezoning Request Submittal No. 1 Public Works staff has reviewed the rezoning request (pool area only) for the referenced property and have no comments. Meeting Type: City Council Meeting Date: 04-01-08 AGENDA REPORT PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL AGENDA Heading Ordinanaces-2nd Reading Item An application was received from Cape Caribe to expand 1.2 acres of C-1 Commercial zoning to be used for No. future, their site plan for the Cape Caribe resort. SUBJECT: RECOMMENDATION FOR APPROVAL BY THE PLANNING AND ZONING BOARD - REZONING 08-01, ORDINANCE NO. 03-2008 REZONING FROM R-3 RESIDENTIAL TO C-1 COMMERCIAL - CAPE CARIBE DEPT/DIVISION: BUILDING DEPARTMENT Requested Action: Accept recommendation for approval by the Planning and Zoning Board with conditions or deny rezoning 08- 01 of 1.95 acres from R-3 Residential to C-1 Commercial. Summary Explanation & Background: An application was received from Cape Caribe to expand 1.2 acres of C-1 Commercial zoning to be used for parking and expand their water amenities. Cape Caribe will also be amending, at some point in the near future, their site plan for the Cape Caribe resort. The remaining portion of the amendment is to fill in what was previously shown on the Future Land Use Map as the proposed Ridgewood Avenue extension. Ridgewood Avenue was a proposed road and is not City right of way, but wholly owned by Cape Caribe. This is only that portion north of Shorewood Drive. P&Z Board approved unanimously with the condition the use be for parking and water park amenities. The total map amendment is 1.95 acres. The applicant has requested to table this item while they develop a revised site plan for the R-3 and C-1 properties. Exhibits Attached: Application from Cape Caribe; Staff Reports/Request to Table City Manager's Office Department BUILDING DEPARTMENT ki \ uments\admin\council\meeting\2008\04-01-08\03-2008.doc Page 1 of 1 Bennett Boucher From: Tammie Jones [tjones@benkol .com] Sent: Wednesday, March 19, 2008 5:12 PM To: boucher-cape@cfl.rr.com Cc: Kohn Bennett; John Grandlich Subject: Cape Caribe Good afternoon Bennett, Pursuant to your discussions with Kohn Bennett we would like to table the 2nd reading of the Comp. Plan Amendment and rezoning for the Cape Caribe project. If at all possible, please hold the advertisement for this meeting. If you should have any questions, please do not hesitate to call Kohn Bennett or John Grandlich. Thank you. Tammie Jones Towne Realty, Inc. 321-784-8093 321-784-3644(fax) tjones@benkol.com 3/25/2008 ORDINANCE NO. 03-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARKIN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL" SUBJECT TO CERTAIN USE RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the owner of the Property subject to this Ordinance submitted an application to the City seeking to have the Property rezoned from R-3 Medium Density Residential to C-1 Low Density Commercial; and WHEREAS, section 110-34(d) of the City Code provides that the City may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owners of the Property that would otherwise be denied by the City's land development regulations in the same zoning district; and WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of this Ordinance at the February 27, 2008 Planning and Zoning Board meeting with the condition that a certain portion of the Property be restricted to recreational amenity and parking uses; and WHEREAS, the owner of the Property consents to the use restrictions set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested zoning change, along with City of Cape Canaveral Ordinance No. 03-2008 Page 1 of 4 the use restrictions set forth herein, consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map ofthe City of Cape Canaveral as described in City of Cape Canaveral Code Section 110-246 is hereby amended to include a change of classification from "R-3 Medium Density Residential" to "C-1 Low Density Commercial District" for the property depicted and legally described on Composite Exhibit "A"and Exhibit "B," which are attached and incorporated herein by this reference ("the Property"). Section 3. Restrictions of Rezoning. A. Restrictions imposed. Pursuant to the authority set forth in section 110-34(d) of the Cape Canaveral Code of Ordinances, the City Council hereby restricts the use of the real property depicted and legally described on Composite Exhibit "A" to the following: Recreational amenities. 2. Parking. Any other uses of the real property depicted and legally described in Composite Exhibit "A," other than those enumerated herein, shall be prohibited. B. Special exception for alcoholic beverages. Notwithstanding the use restrictions imposed by this Section, nothing herein shall prohibit the owner of the Property from submitting an application to the City for a special exception for on -premises sale, dispensing, serving, storing or consumption of alcoholic beverages pursuant to section 110-334(c)(6), Cape Canaveral City Code. If submitted, the City shall process the application in accordance with law, and the application shall be subject to any applicable review criteria set forth in the City Code. Further, nothing herein shall require the City to approve any such special exception application. City of Cape Canaveral Ordinance No. 03-2008 Page 2 of 4 C. Restrictions to run with the land. The restrictions imposed by this Section shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the Property and this Ordinance in accordance with the procedures set forth in the Cape Canaveral City Code. D. Oficial zoning maps to be updated. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Any such amendment shall reference the use restrictions imposed pursuant to this Section. Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. 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 7. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 02-2008 as adopted by the City Council of the City of Cape Canaveral, Florida. If Ordinance 02-2008 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 03-2008 Page 3 of 4 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 03-2008 Page 4 of 4 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared KATHY CICALA who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD#281379 $646,20) is the matter of CITY OF CAPE CANAVERAL The Court ORD. 03-2008 was published in the FLORIDA TODAY in the issues of MARCH 22n 2008 affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. (Sipiature of Affiant) Sworn to and subscribed before this ..,....... JULIA ABOW ............. >y COMM# DDO& e ,�' EIres 10/22/201 " Oiq�R.�s��:.`' a �3dd3 IV 0 ....: 22ND. DAY OF MARCH. 2008 (Si of Notary Public) JULIA A. BOWMAN (Name of Notary Typed, Printed or Stamped) Personally Known _�� or Produced Identification Type Identification Produced Prepared by and Return to: Katherine W. Latorre, Esq. Cape Canaveral Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 CONSENT TO ZONING RESTRICTIONS THIS CONSENT TO ZONING RESTRICTIONS ("Consent") is executed this day of , 2008 by CAPE CARIBE, INC. ("Cape Caribe"), a Florida corporation, whose principle mailing address is 1000 Shorewood Drive, Suite 200, Cape Canaveral, Florida, 32920. WITNESSETH: WHEREAS, Cape Caribe is the owner of the real property depicted and legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this reference ("the Property"); and WHEREAS, Cape Caribe submitted an application to the City of Cape Canaveral ("City") seeking to have the Property's zoning designation changed from R-3 Medium Density Residential to C-1 Low Density Commercial; and WHEREAS, pursuant to section 110-34(d) of the Cape Canaveral Code of Ordinances, the City, with the concurrence and consent of Cape Caribe, approved Cape Caribe's rezoning request subject to certain restrictions related to use; and NOW, THEREFORE, in consideration of the covenants contained herein, Cape Caribe hereby consents to the following: Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. Section 2. Consent to Zoning Restrictions. Pursuant to section 110-34(d) of the City Code, Cape Caribe hereby acknowledges and agrees to the terms and conditions of the zoning restrictions set forth in Cape Canaveral Ordinance 03-2008, adopted by the City Council on April 1, 2008 and recorded on even date as this Consent. Section 3. City Clerk to Record. Upon execution, the Cape Canaveral City Clerk shall record this Consent with Ordinance 03-2008 at the office of the Brevard County Clerk of the Court. IN WITNESS WHEREOF, Cape Caribe, Inc. has hereunder set its hand and seal the day and year first above written. CAPE CARIBE, INC., a Florida corporation. By: Print Name: Title: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2008, by , as of CAPE CARIBE, INC., a Florida Corporation, who is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: CONSENT TO ZONING RESTRICTIONS Cape Caribe, Inc. Page 2 of 2 DESCRIPTION. NOT A BOUNDARY SURVEY DESCRIP770H OF EASEMENT. - 9 EXHIBIT A portion of Government Lot 1, Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the Northwest corner of sold Government Lot 1; thence S0129'01 E along the West line of said Government Lot 1, a distance of 260.06 feet, to the POINT OF BEGINNING of the herein described parcel, • thence N89'45*43 E a distance of 243.76 feet, thence S0074'17"E, a distance of 216.99 feet; thence 58945'49"W, a distance of 239.05 feet, to a point on the West line of said Government Lot 1; thence N0129'01 "W along the West line of said Government Lot 1, a distance of 217.04 feet, to the POINT OF BEGINNING; Containing 1.20 acres, more or less. SURVEYOR'S NOTES.• 1. NIS IS NOT A SURVEY. 2. The bearings shown are based on a bearing of SOV29'01 E along the West line of Government Lot 1. J. • Denotes o change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR 7HE SKETCH TO ACCOMPANY THIS DESCRIP770N. SHEET 2 OF 2 PREPARED BY: 4LE.N ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 F4%: (321)783-5902 CER 77F7CA7F OF AUWORIZA77ON # LB 266 J. i 2. JOB NO. 980129 DATE: 12-07-07 SURVE'YOR'S CERMCA770N: I hereby certify that the attached Property Description was prepared Q under my direction, in accordance with af/ applicable requirements of a the Minimum Technical Standards," for land surveying in the State of 44 Florida, described in Chapter 61G17-5, Rorido Adm' ' ro��f Code, 2 pursuant to Chapter 472.027, Florida Statutes./ / ,nN, Not valid without the signature and the original raised seal of a Florida licensed surveycr and mapper. CER BY. SEPH C. BA7CER iS10NA1. SURVE OR MAPPER, REGISTRA170N Plo. 422E REAL TY, INC. 0 rn SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY 14 OF WEST LINE OF GOVERNMENT LOT 1 OF BEGINNING CANAVERAL PORT AUTHORITY SUBJECT PARCEL 1.20 ACRES t S 89'45'49"W. PREPARED BY: LLEN ngzneering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 sAX: (321)783-5902 CER77RCA7E' OF AUTHORIZATION # LB 266 . 1. DA TE: 12-07-07 JOB NO. 980129.4 DRAWN BY.• KSC SCALE: 1 "=50' 04 :W i 239.05' CAPE CA.RIBE SCALE: 1"=50' o Z 0 M5 25A 50.0 1000 GRAPHIC SCALE QI SHEET 1 OF 2 N • o SEE SHEET 2 OF 2 FOR DESCRIP770N, SURVEYOR'S CER77F7CA77ON AND SURVEYOR'S NOTES. PREPARED AND CERTIFIED FOR: TOWNE REALTY, INC. Mir SHEET 1 OF 1 A PORTION OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE RUN S01'29'01"E ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE; THENCE RUN S89'45'43"W ALONG SAID NORTH RIGHT OF WAY LINE, 66.02 FEET TO A POINT 66.00 FEET PERPENDICULAR DISTANCE TO THE AFORESAID EAST LINE OF GOVERNMENT LOT 1; THENCE RUN N01'29'01"W PARALLEL WITH AND 66.00 FEET PERPENDICULAR TO SAID EAST LINE OF GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH LINE OF SAID GOVERNMENT LOT 1; THENCE RUN N89'45'43"E ALONG SAID NORTH LINE, 66.02 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 33,008 SQUARE FEET (0.758 ACRES) MORE OR LESS. GRAPHIC SCALE 0 50 100 200 ( IN FEET ) 1 INCH = 100 FEET MILLER .EGG cil 0 0 0 NOT PLATTED 802.69' NORTH LINE OF GOVERNMENT LOT 1 NOT PLATTED REMAINDER EXHIBIT 35 13 N89'45'43"E POINT OF BEGINNING 66.02' NORTHEAST CORNER OF 1 GOVERNMEE NT LOT 1 813.57' 66.00' NOT PLATTED J j N N co to p > O z m O p p O 0 N z z NOT PLATTED 0 66.00' NORTH SHOREWOODWAY LINE OF DRIVE SHOREWOOD DRIVE S89'45'43"W On °f 66.00' RIGHT OF WAY 1 o OR 3482 PG 369 66.02 f- OR 3587 PG 2167 0 = CHANGE OF DIRECTION OR= OFFIC':AL RECORD BOOK PG = ?AGE !Artiffeate of Authorization L8. 6680 66.00' - I NEIKVY OMMY THAT TR4 SKETCH MEETS THE INplildt TEDWI& STANMARCS AS SE' FD.T& T'• T4E ngt[DA WAM OF PROFTS5 0" SURVl:IMA0 YAPPERS F Z'AP1ER 61017-6, FUMA ADIfN5TRATIS CCOE PVALAPR TD SEC -,ON 172027. FLCFWA STATUTE$ DATED TMS 2M4 DAV tP O� 2407 AA. RA'..PN THOAiAS StJOW PROFESSIONAL SURVEYOR AND HAPPE'r. S,ATt OF MMU RECSTRATIDM Na Sb61 NOT V" wrmvT THE S10RATUM Arm THE OF000 At "SED SEAL OF A FLOM" IJC7M SURVEYOR M.b YAPPER T.6• 9CE:CFi DOES NOT REPRESENT A aOLWARY SLAVIC react w ;zt ea 0L-00170 ASKD- NOTICE OF ZONING AMENDMENT Notice is Hereby Given that the City of Cape Canaveral City Council will consider an amendment to change the classification of certain real property from R-3 (Medium Density Residential) to C-1 (Low Density Commercial) in the City of Cape Canaveral. The Public Hearing on the Proposed Zoning Amendment will be held on Tuesday, March 18, 2008, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ORDINANCE NO. 03-2008 AN ORDINANCE OF �-- — THE CITY COUNCIL OF THE CITY OF .,, CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. The Ordinance may be viewed in its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 P.M. pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC, City Clerk Page 1 of 1 Susan Stills From: Conf@FLATODAY.NET Sent: Friday, March 07, 2008 4:37 PM To: stills-cape@cfl.rr.com Subject: Ad Correct For 0000279916 Dear Customer; Thank You for advertising with Florida Today. Your ad has been approved and will be processed by our AdPro Department. Ad number: 0000279916 Advertiser's Name: CITY OF CAPE CANAVERAL Publication: DAILY First Run Date: March 08, 2008 Ad Size: 2X10 Tag Line: [TAG LINE] Upload Date and Time: [TIME STAMP] Confirmation Number: 0000279916 Florida Today Ad Services Local Number: 321-242-3580 Toll Free: 1-800-633- 8449, Ext. 3580 Fax: 321-242-3933 03/07/2008 City of Cape Canaveral Future Land Use and Zoning Amendments Cl 6 MI R3 M1 Ml R3 CON - R2 Cl Ml 'r. RI Rl Cl Y R1 Rl Cl Ml R7.. .._ N - R2 R3 C2 C2 ,..... 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March 4, 20oS wswu a. ..acw., City of Cape Canaveral Future Land Use and Zoning Amendments MILLER\ LEGG TROPIC BEACH DR. SO NA Dlk� I City of Cape Canaveral Comprehensive Plan/Rezoning Cape Caribe Associates, Inc Applicant: Location: Existing Amendment Acreage: Cape Caribe Association, Inc Range: 37E Township: 24S Section: 14 Proposed Zoning Amendment Acreage: Permitted Hotel Units per acre: Permitted FAR Current Future Land Use: Proposed Future land Use: Current Zoning: Proposed Zoning: 1.95acres 1.95 acres 30 du/acres 1.5:1.0 Residential R-3 Commercial C-1 Residential R-3 Commercial C-1 Description: The applicant proposes a Comprehensive Plan Amendment to the Future Land Use Map and a Rezoning to the Zoning map for a 1.2 acre area of the Cape Caribe Resort development. The remaining acreage is an administrative change of .75 of an acre comprehensive plan change and 5.04 acres rezoning change from R-3 residential to C-1 Commercial. The administrative amendments represent removing Ridgewood off the map north of Shorewood Drive and the zoning amendment is to reflect a map inconsistency between the Future land use map and the zoning map. The Future Land Use Map and Zoning Maps are supposed to be identical except for where conservation and public lands are shown on the future land use map. The proposed Comprehensive Plan Amendment and Rezoning are from Residential R-3 to Commercial C-1 for both applications. The proposed changes to the Future Land Use Map and Zoning Map appear to be consistent and compatible with the C-1 district adjacent to and west of the subject site. The subject site is located at 1000 Shorewood Drive. The parcel is west of Shorewood Drive and south of George King Boulevard. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The proposed extension of the Cape Caribe Hotel is not anticipated to have a negative effect on parks and recreation. AIA is operating at Level of Service "D" with 289 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "D" with 541 excess trips. If developed as proposed, then no additional trips are anticipated with the already approved development. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject site has Palm Beach sand (Pb) soil type. This is a nearly level and gently sloping excessively drained soil on dune like ridges that roughly parallel the Atlantic Ocean. It consists of mixed sand and shell fragments. Slopes are mostly two to five percent. The water table is at a depth of more than 10 feet. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. North South East West Zoning Canaveral Port R3 Residential C-1 Commercial C-1 Commercial Authority Canaveral Port Authority Comp Plan Canaveral Port R3 Residential C-1 Commercial C-1 Commercial Authority Canaveral Port Authorit Existing Canaveral Port R3 Residential Canaveral Port C-1 Commercial Conditions Authority Authority Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The proposed extension of the Cape Caribe Hotel is not anticipated to have a negative effect on parks and recreation. AIA is operating at Level of Service "D" with 289 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "D" with 541 excess trips. If developed as proposed, then no additional trips are anticipated with the already approved development. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject site has Palm Beach sand (Pb) soil type. This is a nearly level and gently sloping excessively drained soil on dune like ridges that roughly parallel the Atlantic Ocean. It consists of mixed sand and shell fragments. Slopes are mostly two to five percent. The water table is at a depth of more than 10 feet. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This project is for commercial development, and is not expected to directly generate any additional persons. City of Cape Canaveral IT:] ier, City Manager JuI-201 I oLiiia, %-, LY Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Ordinance #03-2008 At the Planning & Zoning Board meeting, held on February 27, 2008, by a unanimous vote, the Board recommended approval of the above referenced Ordinance, with the condition that the property be restricted to parking and recreational amenities. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 04-01-08 AGENDA Heading Discussion Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CENTRAL CANAL AREA DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Nicholas requested that City Council discuss the Central Canal area - name, maintenance activities and proposed projects Summary Explanation & Background: Status report from staff is attached. Please advise. Exhibits Attached: Staff Status Report dated 03-20-08 City Manager's Office Department LEGISLATIVE n ki m cuments\a uncil\meeting\2008\04-01-08\canal.doc To: Bennett Boucher — City Manager Throiw: Walter Bandish — Acting Public Works Director From: Jeff Ratliff— Assistant Public Works Director Date: March 20, 2008 Re: Agenda Item — April 1, 2008 Meeting Central Ditch (Canal) Stormwater Improvements Status report on the canal: Canal Nomenclature: • Regulatory agencies (FDEP, SJRWMD, Brevard County, etc.) were contacted — FDEP provided historical documents — there isn't a formal name for the canal that has been consistently used through the years. Current Canal Maintenance Activities: • Quarterly mowing of selected canal bank areas (east side only) — does not include to water's edge and does not include to SR AIA (adjacent to Wendy's). • West side of canal is private property — not currently maintained. • Canal sprayed for mosquitoes by Brevard County semi-annually. • No current herbicide spraying for aquatic weeds. • Inmate crew cleans areas adjacent to Central Boulevard semi-annually. Proposed Canal Maintenance Activities (in newly revised re -bid documents): • Mowing of entire length of east side of canal - uplands areas and to water's edge and to SR AIA — eight times per year (some hand work will be required). • Ditch sprayed for mosquitoes by Brevard County semi-annually. • Herbicide spraying for aquatic weeds entire length of canal - quarterly. • Inmate crew used as needed. Future Work on the Canal: Set aside specific amount of funds (e.g., $30,000) annually from stormwater fund to clean up canal north of West Central Boulevard; Entire intersection area to be "spruced up" with available grant funds and City funds (if necessary). Baffle Box Project Status: Mega -baffle box to be installed — final construction drawings approved by FDEP. SJRWMD stormwater permit application submitted 03/11/08 - bid documents currently in preparation. • Page 2 Meeting Type: Regular Meeting Date: 04-01-08 AGENDA Heading Discussion Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: TEMPORARY OFF -PREMISES SIGNS DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Roberts requested a discussion item on allowing temporary off -premises signs as a means to help businesses due to the poor economy. Summary Explanation & Background: Attached is the existing Code Section 94-81, Temporary Off -Premises Signs. Please advise. Exhibits Attached: Code Section 94-81 City Mana ' Office Department LEGISLATIVE M myd nts\admin\council\meeting\2008\04-01-08\signs.doc ARTICLE IIl. SIZE, LOCATION AND CONSTRUCTION Sec. 94-81. Temporary off -premises signs. Page 1 of 2 (a) There shall be a limit of one sign per business or activity erecting a temporary off -premises sign. (b) Temporary off -premises signs may be erected only by the following: (1) A housing project or subdivision within the city consisting of ten or more residential units; (2) Any new business opening within the city; or (3) A charitable, educational or religious institution as defined in section 70-66, conducting a special event. (c) Any such sign is limited in size to 50 square feet per face and may be double faced. It shall be constructed of sturdy materials as approved by the building official. There shall be no illumination of any sort provided specifically for the sign. (d) The signs may be erected 30 days prior to the opening of a new business or construction of a new housing project and shall be removed no later than 30 days after the opening or after housing construction has stopped. Stoppage of construction shall be defined as the issuance of a certificate of occupancy (final or temporary), or the construction has been abandoned (ceased) for a period of three months. (e) In the case of a public interest sign, a sign may be erected no more than once per year, and must be removed no later than five days after the special event has concluded. A public interest sign, however, may not be erected for more than a total of 30 days. (f) Signs restrictions along the following corridors are as follows: Location and Placement for Temporary Signs TABLE INSET: Street Minimum Setback from Right -of -Way Maximum Height Astronaut Boulevard(SR A1A) 50 feet 15 feet Old State Road 401 10 feet 8 feet Ridgewood Avenue 10 feet 8 feet These restrictions affect properties adjacent to these streets with the exception of any R-1 zoning districts. (g) The written consent of the property owner must accompany each application for sign permit. The agent for the owner will verify in writing the authority to execute a consent form. (h) A construction sign (two only) may be erected one by the primary contractor of a project, and one to include all sub -contractors of a project, after the issuance of a building permit as required in table 94-96-1. (1) Construction signs shall be confined to the site of construction and shall not be placed in any right-of-way or visibility triangle. (2) All construction signs shall be removed prior to the issuance of a certificate of occupancy or completion. (3) All construction signs shall contain contractors licensing information. http://libraryl.municode.com/default/DocView/12642/l/175/178 2/13/2008