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Packet 03-18-2008 Regular
City of Cape Canaveral �t- Cl- OF GAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 2008 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 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. PRESENTATION: 2008 Spring Beautification Award — Single Family (213 Fillmore Avenue) BOARD MEMBER INTERVIEW: Thomas Wheaton — Beautification Board Applicant. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com ity of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 2 of 3 CONSENT AGENDA: 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). 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. ORDINANCE: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy, at Second Reading. 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 Comer of Jetty Park in Cape Canaveral, Florida, at First Reading. 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. RESOLUTION: 8. Motion to Approve: Resolution No. 2008-08; Supporting the Florida Forever Program and a Successor Program. CONSIDERATION: 9. Motion to Approve: An Agreement with Brevard County for Lifeguard Services. DISCUSSION: 10. Community Development Director. 11. Citizen Awareness and Participation Plan. rity of Cape Canaveral, Florida City Council Regular Meeting Agenda March 18, 2008 Page 3 of 3 12. Florida Department of Community Affairs Draft Legislation 2008. 13. Temporary Off -Premises Signs. 14. Central Canal Area. 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. MEMO TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Beautification Board SUBJECT: 2008 Spring Award DATE: March 11, 2008 The Beautification Board at their March 11, 2008 Board Meeting selected the following property for the 2008 Spring Award (Single Family): Jackie L. and Karen K. Daniel 213 Fillmore Avenue Cape Canaveral, Florida 32920 Request the Spring 2008 Single Family Award Certificate and a $25.00 gift card be presented to the winner at the March 18, 2008 City Council Meeting. Biz Mars, Beautification Board Member will present the awards. Than -you. Judy Hale Chairperson, Beautification Board 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. �g Judy Hale Chairperson, Beautification Board Jan. 9. 2008,1 3; 34PM ;J2ib60.0863 . ' # '/ CITY OF CAPE CANAVERAL APPLICATION -FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to 611 out an application. City Code also prohlblts 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. FA 3. Home Address: f // �n✓ LS/cZ�1yP . �^ rD�? -6YeA e. AL Home Telephone: 4. Occupation: 5. Business Tel 6. Business Address: A FTEG' 461,�!� �i/oleG., 3,;2 9zs B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 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? 33. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo oontendere (no contest) shall be considered a conviction for purposes of this question, M (M -.,L/ 3b, If yes to 3a, have your civil rights been restored? (17 (N) 4a. Oo you presently sena on any other City of Cape Canaveral advisory board or committee? (Y) (N) 4b. If yes to 4a, please list each: , an. 9. 2008'1 3:30M ;J)Ibt\0, 0863 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 appointed to a board or committee. Do you voluntarily initials consent to having a standard background check % performed on you by the City of Cape Canaveral? (`) V (N) 6a. Are you related to a City of Cape Canaveral Coundl member by blood, adoption or marriage? m (N) 6b. If yes to 6a, please provide name(ill) of person(s) and relationship to you: C. INTERESTS/DCPERIENCE 1. Briefly state your Interest In serving on a City advisory board or committee: i19iZOitisi ?o 9&W& r 7-W.V 6) A&IV4mL' 2. eri y s to any prior experien in serving on any govarnmental board or commitgee: � � O�m�i�e� C�O/ilmUNyUTip�l 1 Please list any speciafted skills and training (e.g., architect engineer, general contiviftr, ate.) that you feel help to qualify you for membership on the desired board or committee: Y 4, In numerical sequence (1 = most interested). please rank which advisory board or committee on which you wish to serve: a _ Beautification Board b.r 2 Board of Adjustment* C. Business and Cultural Development Board d.� Code Enforcement Board' e. 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 am rmquined to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appolntmni to said board and prior to July 1 of each year following fhe initiel appointment while still 9 m6mber of sold board. Ian. 9. 2008. 3,34PM ; ez-iat\o, 0868 -, 3 P Ji i D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submlt a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please deck the appropriate boxes: PACE African-American _ Male Aslan -American Female Hiapenio-American Not Known Native American Caucasian DISABILITY Not Known - "OVA 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 112311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 296.011, 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 application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: /- 9- 0 r Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Ian. 9. 20981 3,34PM For Office Use Only: Date Appointed: Appointed by. Board Appointed to: Term Expires: ;-1-)-IBt\0- 0863 4 N 4i / 11n. 9. 2008 3:34PM RESUME THOMAS R. WHEATON PO Box 320891 C.'ocoa Beach, F1.32932-0891 Phone (321) 784-2927 Cell (407) 590-8506 E-mail thomasrw2C�Vahoo_com Thomas, wheatonCajit. com OBJECTIVE To secure position in the area of- Procurement EXPERIENCE X0.0863 ITT Industries Systems Division 7001 N. Atlantic Ave. Suite 200 Cape Canaveral, FI, 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. 1 101 Hibiscus Blvd. Melbourne Fl_ Sr.Buyer Sept. 98 to .lan. 01 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/Subcontract Admin. Associate & Small Business Liaison Oct. 92 to Sept. 97 , ar. 9. 2 08 3:34pM \',.0863 6 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 shows. 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, FL 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 *blasters Certification in Acquisition Management 6/95 *Post Contract Award 6/95 *Intro. To Acquisition Mgnt. 11/94 *Government Contract Law 11/93 *.Procurement Policies and Procedures 3/93 * Active state of Florida Notary Exp,7/2009 Educational Services Institute Georgie Washineton Universitv *Procurement Reform 2/95 *Federal Streamlining Acquisition Act of 94 2/95 Brevard Communitv Colleac *Contract Negotiations 3/93 *General and Business *Effective Purchasing and Materials Mgmt. I and Il 11/91 Colonia High 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. ,an. 9. 2 G 0 2 0),34IV *FAR Workshop 7/2006 *Recipient of ITT Silver Quality Team Award 11/07 * Active state of Florida Notary Exp.7/2009 References-Fumished upon request. Security -Current secret CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 4, 2008 7:00 PM MINUTES CALL TO ORDER: 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 REPORTS - City Manager • Mr. Boucher reported that the Legislative Session began today. Council members received a narrative report from the Florida League of Cities covering the various proposed Legislative Bills. He stated that the League included their position statement with each narrative. • Mr. Boucher reported that he, Mayor Randels, and the Recreation Director attended the Florida Department of Elder Affairs, Communities for a Lifetime Seminar, at the East Orange County Senior Center. Mr. Boucher then informed how 74 percent of Brevard County residents preferred a joint -use, senior and youth, Community Center. Ms. Roberts stated that the Business and Cultural Development Board recommended such a center for the City during the City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 2 of 12 Redevelopment Plan discussion. Mr. Boucher concluded that this was something to consider as the City conducts its Comprehensive Plan. • Mr. Boucher stated that the Brevard County Lifeguard Report was distributed for Council's review. • Mr. Boucher stated that the Brevard County Sheriff's Department Annual Report was also distributed for Council's review. • Mr. Boucher announced that SeaFest was coming to the Port and the Council was invited to attend the Opening Ceremony. • Mr. Boucher invited the Council Members attending Legislative Days beginning on March 25th to the Environmental Protection Summit planned for March 27th and to please notify his office if they cared to extend their stay in Tallahassee for the Summit. • Mr. Boucher reported that he notified the Council regarding the Villages of Seaport north entrance gate. He informed that Brevard County Traffic Engineering investigated the issue and reported that the entrance was not permitted as a permanent ingress/ egress for the Villages of Seaport. The Building Official had issued a permit for emergency access only. The County would subsequently conduct enforcement action with the Villages of Seaport with the City concurrence. Ms. Roberts stated that she met with that community and the access was serving as a transportation relief value for the Villages of Seaport and Mystic Vistas communities. She also stated that in consideration of the safety issues along North Atlantic Avenue, there were also issues with Oak Park. If the Villages access gate were shut down, then additional traffic problems would follow. Ms. Roberts stated that at this point the access gate was working to benefit that community. In fairness, the City needed to provide relief for those communities if the access gate were closed. Mr. Boucher explained that continued use of the access was a safety concern by Brevard County permitting. Mr. Nicholas stated that the Planning and Zoning Board discussed these access issues, which were in such close proximity to each other, as part of development concurrency. He stated further that perhaps a perimeter road or a traffic light would help control traffic in that area. Discussion followed on the current use of the gate. Mayor Pro Tem Hoog reminded that the gate was used during the Mystic Villas construction. Fire Chief Dave Sargeant replied to Ms. Roberts that the Fire Department put no restrictions on the use of the gate. The gate had to be siren activated with a battery backup which it was; however, the Fire Department had no authorization for the gate's use. Mr. Boucher concluded that the County desired to notify the Villages of Seaport related to the unauthorized access and for Villages of Seaport to contact Traffic Engineering related to the process of making the access legal. Mayor Randels acknowledged a representative from Villages in the audience. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 3 of 12 Staff Mr. Boucher informed that Architect's Design Group was tasked to review joint - use purposes for the Library Meeting Room. Mr. Boucher replied to Ms. Roberts that the architect would begin to make assessments by the end of March. Mr. Petsos requested a way to quantify the Library Meeting Room use. Mr. Nicholas pointed out that evening meetings required Library staffing and evenings could a viable time for the City to use the room. Ms. Roberts asked if the City Manager had received an adequate response on funding related to services. Mr. Boucher replied that his discussion with the Library Director concluded that the County did not have a mechanism to provide actual operation costs. Mr. Nicholas explained how the County Libraries were linked under one system and the City contributed to the operation of that whole system; however, the main question was if the City were contributing a disproportionate share. Mr. Boucher announced that the City of Cocoa would host the Space Coast League of Cities dinner on Monday, March 10th at the Cocoa Civic Center. Please notify his office if any Council Member planned to attend. Chief Dave Sargeant reported that the Cape Canaveral Volunteer Fire Department was notified from the Florida Emergency Management Agency that it was awarded the Safer Act Grant for additional personnel. The costs for the first year and the remaining year to the City and the Port would be $5,000 for three additional persons. Public Works Director No report. Recreation Director • Mr. Lefever encouraged everyone to attend the Community Celebration planned for Saturday, March 8th City Treasurer • No report. City Clerk • No report. City Attorney 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 4 of 12 City Council Council Member Roberts Ms. Roberts recommended a City Master Plan that would convey to the citizens the City's plans for sidewalks, bikeways, street improvements, lighting, including underground lighting, and crosswalks. Ms. Roberts recommended addressing the Master Plan during the Visioning Session. Ms. Roberts raised the issue of hiring a City Planner and referred to the Business and Cultural Development Board's comment that as time expired this was a missed opportunity for possible project funding. Ms. Roberts requested to place this on the next Agenda to take action. Mr. Boucher stated that he provided Economic Redevelopment Grant information to the Building Official and the City Planner for their review. • Ms. Roberts requested a date for the Visioning Session. Mr. Boucher replied that he would schedule a meeting following the Legislative Session. He would schedule a Visioning Meeting for some time in late April. • Ms. Roberts requested recycling bins for all City facilities. Mr. Boucher replied that staff would assure that this was done. • Ms. Roberts recommended more frequent community policing and regular patrols monitoring the City's Presidential streets. Mr. Petsos added the need for law enforcement interaction in the community. • Ms. Roberts addressed the need for a review of the roles and responsibilities of City Boards, interfaces among the respective Boards, and a new requirement of biographical sketches for new Board members as well as interview sessions for Board re -appointments. Ms. Roberts requested a training refresher from the City Attorney for the City Boards and City Council. • Ms. Roberts addressed the left-hand turn signal related to State Road A1A and Central Blvd. Mayor Randels replied that the County had turned down the project. Mr. Petsos informed that he contacted both the State Senator and State Representative on this issue. • Ms. Roberts requested a status report on Resort Rentals. Mr. Morley replied that he would distribute a report to the Council on the following day. Mr. Boucher pointed out that the change of use subsequently caused a change of density; therefore, a resident could not transition from a conforming to a non -conforming use status. Mr. Petsos requested a report on those of non -conforming status as well. Council Member Nicholas • Mr. Nicholas commended the Public Works, Streets/ Maintenance Department related to the well -kept condition of the Little League field. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 5 of 12 Council Member Petsos Mr. Petsos thanked Mr. Bandish for the Sand Fence estimate cost; however he found it expensive. Mr. Petsos requested to use the Inmate Crew to help build the fences. He recommended placing the fences in the re -nourished beach areas. Mr. Petsos asked for Council's consensus to pursue the project prior to Turtle Nesting season. Mr. Bandish stated that the estimate was based on using private individuals. He stated that the previous fences were constructed through an on- board carpenter which volunteers installed in Phase I. The National Emergency Grant workers constructed and installed Phase II. Mr. Boucher stated that the material cost was $18,500 and he recommended that the Council approve $20,000 to begin fabrication during March and April for installation in late April. Mr. Nicholas suggested year-round fence fabrication. Mayor Randels clarified the consensus for the City to purchase the lumber and begin fabricating the fences for installation prior to Turtle Nesting Season. A motion was made by Mr. Nicholas and Mr. Petsos to Appropriate up to $20,000 to Begin Fabrication Work for the Sand Fence Project. 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. Mr. Petsos addressed the community's youth and the use of the Youth Center. He proposed a joint -use effort at the Youth Center with the Police Athletic League [PAL] for the City's youth between ages 15 -and 1 8 -years -old. Mr. Petsos replied to Mayor Randels that he would seek funding from the Brevard County PAL. He requested agreement from the Council. Mr. Lefever stated that the Youth Center was open from 3 PM to 6 PM after-school, weekdays and 12 Noon to 5 PM on Saturdays. Mr. Lefever informed that the Recreation Department staff was collaborating to separate the time frames for 10 -to 14 -year-olds and 15 -to 18- year-olds. Mr. Lefever agreed with Mr. Petsos' concept to incorporate PAL with the Youth Center. Ms. Roberts stated her agreement after a previous meeting with Sharon Horton, Cape View Elementary School Principal, saying that the parents were seeking such a youth program. She also stated that Commander Scragg had expressed his support of this concept. Council Members stated their consensus for a joint -use effort at the Youth Center with PAL. Mr. Petsos thanked the Sheriffs Office Precinct for the increased monitoring of the Youth Center. He also encouraged law enforcement personnel to interact more with the community's youth. Mayor Pro Tem Hoog Mayor Pro Tem Hoog reported that the sewer line project would be water and pressure tested on March 5th and subsequently completed. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 6 of 12 • Mayor Pro Tem Hoog addressed lighting along Thurm Blvd. and West Central Blvd. He informed that residents in that area continue to express concern over the area lighting. • Mayor Pro Tem Hoog related on how a City Board Member responded to a direction from the Council and how that Board Member campaigned against an issue which the Council gave the Board to review. He stated that while a Board Member might have an opinion, he did not think it proper to publicly campaign against a project. Ms. Roberts responded that the Board Member was speaking as a resident and made that position known from the beginning. Mayor Randels • Mayor Randels announced a successful Little League Opening Ceremony. • Mayor Randels announced that all the Mayors in Brevard County would deliver Meals -on -Wheels on March 19tH • Mayor Randels reported that Brevard County was the only County with all its cities as members of Communities for a Lifetime. • Mayor Randels reported that the new Ocean Woods Homeowners' Board was reviewing the City Manager's letter related to the City assuming their sewer system. • Mayor Randels reported that the East Central Rails -Trails between Brevard and Volusia County was signed. • Mayor Randels asked if there were any critical element in the Total Maximum Daily Load [TMDL] State Wastewater Treatment Plant requirement. Mr. Ratliff replied that the City would need to send a representative when committees begin to form in the fall. AUDIENCE TO BE HEARD: Mr. Arthur Berger requested for the City to notify the Resort Dwellings applicants when City Council planned further discussion on that issue. BOARD MEMBER INTERVIEW: Lori Peppers - Business and Cultural Development Board Prospective Applicant. Ms. Peppers affirmed that all of the information on her application was true and correct to the best of her knowledge. Ms. Peppers informed that she worked for Stottler, Stagg and Associates for the past three years. She stated how she desired to be part of the process that helped to enhance the further development of the City's business and cultural events. Ms. Peppers stated that she had 20 -years Marketing experience and a degree in Journalism. She stated that she hoped to bring new and fresh ideas to the Board. Ms. Roberts informed that Ms. Peppers' background was more extensive than what she conveyed and the City was fortunate to have her talent for the Board. City of Cape Canaveral. Florida City Council Regular Meeting Agenda March 4. 2008 Page 7 of 12 Ms. Peppers acknowledged Ms. Joanne Muncey and Ms. Dianne Marcum from the Business and Cultural Development Board and her husband, Jeff Peppers in the audience. Mr. Nicholas noted that Ms. Peppers was not a City resident and he commended her for her interest in serving the community. Mayor Randels stated that the Business and Cultural Development Board was her preferred choice. In conclusion, Mayor Randels stated that a Resolution for Council's consideration would be placed on their next Meeting Agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 5, 2008. 2. City Council Regular Meeting Minutes of February 19, 2008 3. Motion to Adopt: Resolution No. 2008-06; Appointing an Alternate Member as a Regular Member to the Code Enforcement Board. 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 Items No. 1 and 2 for discussion. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve Consent Agenda Item No. 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. Mayor Randels noted a correction for Page 10, Item No. 10 to incorporate Ms. Roberts' four numbered items related to the Cooperative Beach Cleaning equipment purchase with the City of Cocoa Beach. Mayor Randels also noted that Item No. 13 would be written to state that: The Item Died for Lack of a Motion. Ms. Roberts questioned the Minutes of February 19tt' related to the mandamus in the Tripple J lawsuit as reported by the City Attorney. Attorney Garganese stated that he would provide the City Clerk clarification of his statement. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 and 2 as amended. 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: 4. Motion to Approve: First Responder Agreement with the Board of County Commissioners of Brevard County. City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 8 of 12 Fire Chief Dave Sargeant stated that the Department would strongly support funding for this service from the County in light of discussed budget cuts. Chief Sargeant requested Council's support in the upcoming year to ensure that the City receives it proportionate share. He recommended approval of the Agreement. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the First Responder Agreement with the Board of County Commissioners of Brevard County. 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. ORDINANCE: First Public Hearing: 5. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. 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; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ms. Bowers stated that the Ordinance was comprehensively drafted. Mr. Boucher reminded that the amount of set aside funds could be reviewed each Budget year. Mr. Petsos questioned what it would take to operate the City for six months if there were no incoming revenue. He wanted to ensure that the City was properly covered with the amount set aside. Ms. Bowers assured that the Government Finance Officers Association established 20 percent as a target. Discussion clarified that 20 percent was minimum amount of recommended set aside funding. Ms. Bowers concluded discussion stating how set aside funds accomplished the City's street repaving. There was no public comment. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Ordinance No. 01-2008 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. RESOLUTION: 6. Motion to Adopt: Resolution No. 2008-05; Urging Bright House Networks Cable Company To Move Back The Government Channels From 199 To 99, City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 9 of 12 198 To 9 And Make Access To Those Channels Free Of Charge To Brevard County Residents. Mayor Randels read Resolution No. 2008-05 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, URGING BRIGHT HOUSE NETWORKS CABLE COMPANY TO: MOVE BACK THE GOVERNMENT CHANNELS FROM 199 TO 99,198 TO 9 AND MAKE ACCESS TO THOSE CHANNELS FREE OF CHARGE TO CAPE CANAVERAL AND BREVARD COUNTY RESIDENTS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that some residents still use analog receivers and Bright House Networks will furnish the digital receivers; however, there would be a $1.00 charge. Mayor Pro Tem Hoog stated that the Resolution would provide a unified position from the municipalities through the League on this issue. There was no public comment. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-05. 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: 7. Building Heights in Commercial Districts along State Road AIA. Mayor Randels explained how the Planning and Zoning Board held several meetings for building height discussion. At their meeting on February 27th, the Board recommended to City Council that the building height in the C-1 and C-2 zoning districts be limited to five - stories, but allowed an increase to 65 -feet. Mayor Randels clarified that these zoning districts did not include ocean or river properties. Ms. Jamie Coker of Miller, Legg and Associates, Inc., addressed the Council on behalf of City Planner, Todd Peetz. Ms. Coker pointed out how the maps in the City Council packet depicted an allowance in Section C-7 for 50 -feet of height at 200 -feet or greater from existing residential. Ms. Coker explained how the height varied at each footage from residential and explained the depiction of 55 -feet of height at 300 -feet or greater from residential, and 60 -feet of height at 400 -feet or greater from residential. Mr. Art Berger, Contractor for the Sheldon Cove Project, explained how a 12 -foot ceiling was proposed for the retail shops. These higher ceilings would sustain the ductwork and suspension as there were no load-bearing, interior partition walls as in condominiums and residences. Mr. Berger concluded that the planned ceiling heights were 12-to14-feet for the retail shops and 9-to10-feet in the Class A offices with a glass dome top. The total City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 10 of 12 height compressed came to 64 -feet, 9 -inches; therefore, they made a request for a 65 -feet height and only in the C-1 zoning district in the State Road Al corridor. Ms. Coker affirmed that the area in discussion was along State Road Al only and in the C-1 and C-2 zoning districts. Mayor Randels replied to Ms. Roberts that C-2 zoning was included. Mr. Boucher affirmed for Ms. Roberts that this would impact the Aerospace Business Park in the Center Street area. Ms. Roberts thanked the Planning and Zoning Board for their recommendation. Ms. Roberts stated that in order for the community to deal with some of the improvements of the May 2006 Business Survey, she regarded the discussion as a positive that the City was considering potential changes. This will provide an opportunity for the City to enhance its services to the community and bring in the desired retail shops. Ms. Dianne Marcum related how the Redevelopment Plan addressed a desire for mixed- use and professional office space in the City. Mr. Nicholas asked how the proposed height limitation impacted green space and he asked if the Planning and Zoning Board had taken green space into consideration during their discussion. There was no response to Mr. Nicholas' question. Mr. Nicholas also brought up if this would become the town center. Ms. Roberts responded that residents referred to the project as a town center for retail purposes. Mr. Boucher stated that staff required direction from the Council on this issue. Mr. Petsos stated that, 1) he favored looking at the building height issue from a city-wide perspective, 2) he favored the proposed height increase with a reduced footprint, and 3) the project had city-wide potential impact; therefore, he desired a Referendum on the issue. Ms. Roberts stated that the traffic assessment was yet a concern of development. In light of the forthcoming discussion on the Citizens Participation Program, she hoped that the Council would complement the referendum with a series of Workshops. Mayor Pro Tem Hoog stated that he desired public Meetings and not a Referendum. Discussion followed on how the City staff should conduct informational sessions for the public, aside from Mr. Mays' project, but inclusive of other City areas in the C-1 and C-2 zoning districts. Mayor Randels presented a synopsis of the discussion as: 1) review the effects of building height city-wide, and 2) consider the effects in the C-1 and C-2 zoning areas, and 3) progress in a timely manner. Discussion continued related to developing language to establish a specific zoning district related to building height. Ms. Roberts requested a schedule from staff with steps related to time frames to reach closure. Council then discussed traffic concurrency and its impending impact in relation to the proposed improvements on State Road 528. Mr. Nicholas asked the City Attorney for the time frame to place a Referendum on the ballot. Attorney Garganese replied generally late August or early September; however, the Supervisor of Elections office could provide a specific date. In response to Mayor Randels inquiry of additional questions, Ms. Roberts recommended contributions from the developer toward additional green space and to seek examples of City of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 11 of 12 that being done in other communities. Mayor Pro Tem Hoog inquired about rear parking garage and asked if that would be considered part of the project. Discussion affirmed that parking was included. Mr. Petsos asked the City Manager to make note of the increased height with a reduced footprint. Mr. Petsos also requested to include the vacant and potentially vacant mobile parks. Mr. Berger informed that developer's now build green, using recycled products, which adds to the environment. Mr. Berger reviewed properties on the State Road Al corridor and stated that there were no other 5 -acres parcels along State Road A1A. Mr. Tom Hermansen of the Residence Inn by Marriott asked if the Council planned to include Industrial zoning. Mr. Boucher replied that the recommendation did not include the Industrial zoning district, just the C-1 and C-2 zoning district. Ms. Marcum presented an example on how to increase General Fund revenue from Ad Valorem taxes through increased property values. Mr. Nicholas stated, however, that the City did not receive its General Fund revenue from Ad Valorem taxes. Ad Valorem taxes were derived from Police, Fire, Beautification, and Library taxes. Mr. David Shirtzinger, a Canaveral resident, stated his hope for the Council to task the City Planner and Planning and Zoning Board to develop options to accomplish what was presented related to the building height issue. Ms. Joyce Hamilton added that business and sales tax meant increased revenue. Mr. Harry Pearson, Planning and Zoning Board Member, stated that permitting 65 -feet would set a precedent to consider higher buildings. At this time, Mr. Berger inquired about a time frame to proceed with construction. Mr. Boucher referred to the C-2 Zoning District development and reminded how a draft amendment was distributed to the property owners for their input. If the Council desired to hear from the community, then Mr. Morley could present height amendment information at the Community Celebration in order to gain public feedback. Mr. Boucher stated that he and staff would, 1) gather the sample maps, 2) develop the proposed Ordinance language, and 3) draft meeting notices. He recommended the first week in April for a Town Meeting on building height. Mayor Pro Tem Hoog suggested coverage in the Hometown News. Mr. Pearson, stated the need for further study and discussion on the option presented to setback the footage from residential zoning based on increased height. Mayor Randels stated that the Council was not prepared to make a decision on that option at this time. Mr. Morley reviewed the shadow casting chart and concluded that this was intended to provide an idea of how far the building would cast a shadow. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Extend the Meeting for 15 Minutes. 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 4, 2008 Page 12 of 12 Mr. Bill Mays first commended Ms. Roberts for her appointment to the Democratic Party Committee. He also thanked Mayor Randels for referring to him as an Investor. Mr. Mays stated the importance of understanding the dynamic of time and he expressed his agreement with Mr. Berger's idea of a schedule. Mr. Mays asked the Council to keep in mind that in the year 2010, the community would experience some impact. In summary, he stated why this was a good economic time to proceed with the construction. Mr. Boucher clarified that: 1) Mr. Morley would set up a public feedback table with maps at the Community Celebration on Saturday, March 8th, 2) staff would schedule a meeting in early April inviting the C-1 and C-2 property owners along State Road A1A to discuss the proposed code amendment and obtain their feedback, and 3) the Building Official and City Planner would establish a schedule for public hearings to coincide with the amendment. In conclusion, Mayor Randels stated that Council would continue to discuss the progress of the amendment at each City Council meeting up to its conclusion. 8. Citizen Awareness and Participation Plan. Mayor Randels stated that the Planning and Zoning Board provided a recommendation to not add another level in the process requiring developers to make . Ms. Roberts requested to table the Item until the next City Council meeting. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Table Item No. 8 until the Next Regular City Council Meeting. 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. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Table the remainder of the Council Discussion Items. 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. 9. Florida Department of Community Affairs Draft Legislation 2008 10. Temporary Off -Premises Signs. 11. Central Canal Area. ADJOURNMENT: There being no further business, the meeting adjourned at 10:12 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 03-18-08 AGENDA Heading Consent Item 2 No. Resolution No. 2008-07 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-07, APPOINTING A REGULAR MEMBER TO TI -IE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-07, appointing Lori Peppers as a regular member of the Business & Cultural Development Board. Summary Explanation & Background: Term will expire 06-01-2011. Exhibits Attached: Resolution No. 2008-07 City Manager's Office _ Department LEGISLATIVE 7% ca - kim\ bcu is\admin\council\meetingV?008\03- 8-08\2CC8-07.doc RESOLUTION NO. 2008-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT 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 established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Lori Peppers is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 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 18th day of March, 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:\CityClk\Resolutions\BOARDS\Appointments\2008\BCDB_Peppers.doc CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant !oSection 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 aCity Board or Committee if that person has been convicted of afe|Ony. un|*S,, their civil rights have been r8Stn,od Please complete the following jnthe space : A. GENERAL 1 Ano 2 Home Address: City, State, Zip: /�1�^�� 5/ "{ J���z mrr , - -_ '�_/ 3. Home Telephone: 4 : '~`��c- - O�r�� ��\r''/ 5� Business To|eohnme: 8. Business Address: >J«/ B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve OnoC|lyadvisory board Qrcommittee. 1 Are you duly registeredto. vote in Brevard County? / / (N) 2. a resident o9he CityOfCape Canaveral for 12months Orlonger? ( (N)____ 3a. Have you ever been convicted orfound guilty, regardless of adiudiC8tion, of8felony in any jurisdiction? Any plea 0fnolo contendere (no contest) shall bgconsidered @ conviction for purposes Qfthis question. (Y)____ (N) / 3h, If yes to 38. have your Civil rights been restored? (Y`N\____ 4a. D0you presently serve onany other City OfCape Canaveral advisory board orcommittee? (Y)tN\ / 4b. If yes to 4a, p|e8Sa list eanh:- �� 5. 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 ? " appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N)__ - 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y). (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:_ 1 '� C. INTERESTS/EXPERIENCE 1- Briefly state your interest in serving on a City advisory board or committee,: 2. Briefly state any prior experiences in serving on any governmental hoard or committee: ��l� �{ jP.^,,.�G.i./; 'l'✓�..i '-'rT.MJCi:✓'1 ril.nr �. �✓'M,C/�_i �_�/`/�._ 3. Please list any specialized skills and training (e.g., architect, engineer; genera! contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4 In numerical sequence (i = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification, Board b. _ Board of Adjustment* C, 1 Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board - f. Construction Board of Adjustment and Appeals` g. _ Library Board h. Planning and Zoning Board{ i. Recreation Board c (lthar *Members of these boards are required to complete and file with the ,Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July t of each year following the initial appointment while still a :a7ember of said board. D. STATE REPORTING REQUIREMENTS. 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 GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known 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 application, please contact the City Clerk's Office at ;321 ) 868-1221 A Signature: Date: r Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral. Florida 32920 For Office Use Only: Date Appointed: _ ADooint8dbw: Board Appointed to: Term Exoreo� Meeting Type: Regular Meeting Date: 03-18-08 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE AMERICAN LEGION'S PICNIC DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider approval of this outdoor event scheduled for 03-30-08 from 3-7 pm, at 105 Lincoln Avenue, as requested by the American Legion. Summary Explanation & Background: Offsite parking is available. See attached application. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit Application City Manager's Office > Department ADMINISTRATION (1cape -17i7Vkli \myd _ is\admin\council\meet_ng\2008\03-18-08\legion.doc Revised 03-23-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date:t The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Nae of A licant Lu �'' i :�'. Title: Name pP s, Firm: Address: ''� _,' T�-_La i-�/ t. -L E -Mail: Telephone - Local Contact: t;' Title: Local Address (if different from above) t Type of Event: --1 c A/ Will Alcoholic Beverages Be Served on the Premises? YES_ NO Event Date(s) in Cape Canaveral: r -� 5"� " l) Location(s): Date(s) Time /- Attach map(s) indicating event area and designated parking areas. -Traffic Control Street ClosinL= ))(Other Specity: -Use of Police/Fire Rescue Equipment Vehicles/Equipment on Beach -Vehicle Parking on City Property If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person staging. promoting or conductin12 the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event. written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury, or otherwise, plus 525,000.00 damage to property, and for not less than 5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. r Name of Insurance Co: 5 t n^ �`�� ' Policy No: Expiration Date: it. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other pennit fees that may be applicable to the particular production as required by the Cit% of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. r X -- 7 Date Applicant or Represental ve Title Approved by City of Cape Canaveral: City Representative's Name: Title: Sienature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the Cit} of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, Citv Manager I05 Polk Avenue Cape Canaveral, FL 32920 Phone: (32 1) 868-1230 Fax: (321) 868-1224 ACORDCERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYf) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Risk services HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 410679 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kansas City, MO 64141-0679 A00-669544. INSURED American Legion Post #348 Challenger 7, Inc. 105 Lincoln Avenue Capp Canaveral, FL 32920 COVERAGES INSURERS AFFORDING COVERAGE NAIC# INSURER A: Westport Insurance Corporation INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN9R ADD' POLICY EFFEC rVE POLICY EXPIRATION �' TR TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY i! WGL114008022201 01/05/2008 101/OS/2009 EACH OCCURRENCE _$__-. -I QQcL_o �__COMMERCIAL GENERAL LIABILITY '�, j DAMAGE TO RENTED �. PREMISES (Ea occurence) -Y$ _ 3Q, Q_...{I CLAIMS MADE 'I, OCCUR �I MED EXP (Any one person) $ 10,000 X PERSONAL & ADV INJURY, ,,. GENERAL- AGGREGATE__ $ 2 , 0 C) [l . CI GENT AGGREGATE LIMIT APPLIES PER j PRODUCTS - COMP/OP AGG PRO POLICY JEC-;LOC .-AUTOMOBILE LIABILITY 'II COMBINED SINGLE LIMIT ANYAUTO (Ea accident) : $ _---� F-_-- — ALL ALL OWNED AUTOS .I 'I. BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS -� BODILY INJURY,,. NON -OWNED AUTOS ',. (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY', AUTO ONLY - EA ACCIDENT $ ANYAUTO' OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY �',' EACH OCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE $ �4I DEDUCTIBLE', $ RETENTION $ $ WORKERS COMPENSATION AND OR STATU- O TH- TORY LIMITS : ERR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE �-------- - - -- ---- - -- OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under '..� - ---------____—.-_ _ SPECIAL PROVISIONS below E. L. DISEASE - POLICY LIMIT : $ OTHER'. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIAL PROVISIONS Certificate holder is listed as Additional Insured as respects to Picnic at Post Parking Lot on March 30, 2008 City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1— DAYS WRITIEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SH.\LL I E NO GAT LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR ACORD25(2001/08)L--) � ®ACORDCORPORATION 1988 DS#6326715 93486 Meeting Type: Regular Meeting Date: 03-18-08 AGENDA Heading Consent Item q No. Sanctuary Park. This event is being hosted by the Business & Cultural Development Board AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE MANATEE SANCTUARY PARK ARTS FESTIVAL DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider approval of the outdoor entertainment permit for the Manatee Sanctuary Park Arts Festival as requested by the applicant T -N -T Events, Inc. This City sponsored event is to be held March 29' and March 30th. Summary Explanation & Background: T -N -T Events, Inc. is promoting and organizing the City's second outdoor arts festival located at Manatee: Sanctuary Park. This event is being hosted by the Business & Cultural Development Board I recommend approval. Exhibits Attached: Permit Application; T -N -T Contract City Manager's Office Department ADMINISTRATION ca im myo ents\admin\council\meeting\2007\03-18-08\tnt.doc Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: A � t The applicant or representative agrees to be on site at all times empowered with authority_ over all aspects of the event and empowered to act for the applicant. Name of Applicant: Title: Firm: - f 11 Address: ') �._, I -) ? " !"i x _ ' E -Mail: A Telephone: " '; ' �- ° ' i ' i FAX: .� Local Contact: Local Address (if different from above) Title: Type of Event: i I ,,4 4- C . f Will Alcoholic Beverages Be Served on the Premises? YES NO �. a i 1 i .4..l �. - ;, ?! Event Date(s) in Cape Canaveral: f j. z Location(s): Date(s) gg , Attach map(s) indicating event area and designated parking areas. -Traffic Control -!Use of Police/Fire Rescue Equipment -Street Closing _Vehicles/Equipment on Beach Other -Vehicle Parking on City Property Specify: Time If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 TNS IURANC'F. A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting. conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300.000.00 damage or injury to any one person for bodily injury or otherwise, plus S25,000.00 damage to property, and for not less than $500.000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: � � t�`�"�� �_.' _ . ��� >, Policy No: Expiration Date:_ j, �1, II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. Ilt. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public. have been otherwise provided for as required by said code. List any exemptions you are seeking. r x __ r ; ,- \ ? Date -- % —-- -- - (Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (331) 868-1330 Fax: (331) 868-1334 01/11/2008 12:39 3523440652 TNT PAGE 01 ACORD CERTIFICATE OF LIABILI- >w racoucEa Harvey Insurance Agency, Inc. P.O. Box 1854 Interlachen FL 32148 /Wino T -N -T Events. Inc. PO Box 623 Inverness FL 23351 rY INSURANCE 01°"�'""123!20088 -no' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOI•DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIL s INSURCP A Auto Owners Insurance Company INISURIER 0: INSURER C INSURER INSURER E COVERAGES .ren unTwrtuaraurvAlA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAWO AOOVE FOR ins r M .c.,,vv ,.n+�.-••�� •^-•••• •^•••---••-- ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REOUIREMENt, TERM OR CONDITION of DESCRIBED HEREIN IS SUBJECT 7b ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY TIE POLICIES DATE nMPEOF, 711E IS9LftIO INSL1aER YMLL ENDEAVOR TO MAA 10 DAYS WWMM POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTICE TO THE CERISICATE NOLDEN NAIa!D TO TIE LEFT, BUT FAILURE TO 00 50 MALL M NUMiEA P CTNE Impose No oaLxmTIDN OR LJAWtM OF AW KM UPON THE INOVREIL IT5 AQENTTI OR Cape Canaveral, FL 32920 L1RRIE 1,000,000 OQIERALUAa1LJYY 78096406-08 01/12/08 01/12/09 DAM TO RENTED 000,000 A X XMERc1ALOENERAL ABILRY MED EXP 10,000 CLAIMS MAGE I X I OCCUR 1 00O OOO PER NAL S ADV INJURY GENERAL A TE $2,000,000 PR - PLOP AOO 12,000,ON N'L AOCdR lE LMR AP 5 PER PR POLICY AVTONCELA LLOAK TY COMBINED SINGLE LIMB = (E B 9006wm ANY AUTO ALL OWNED AUT06 BODILY INJURY S SCHEDULED AUT03 HIRED AUTOS OWLY INJURY (PW mcw6m) NON-0WNED AL006 PROPERTY DAMAGE = --"f" (Pm boadw) PARAGE LLAeRJRY AUTO ONLY - EA A OTHER THAN EA ACC S ANY AUTO AUTO ONLY AGG eACESSA�LLA LM mUrry EACH O LIRRENCE S AGCAWGATE S OCCUR F—I CLAIMS MADE DEDUCTIBLE RETENTION WCSTATU-0714 WORTHS OOMEMBATKIN AND EprE1EE' LL#A1UTY MPIU ANY PROPRIETOR/PARTNEIVEXECLRWE OFnCEPoMEMBER FXCLUDEDI f, L DISEASE - EA EMP O L DISEASE -POLICY LIIMT A QEbt/IpA uba OTNEa DESCRIPTION OF OPV""0143 I LOCATION& I VENICIJn3 I EXCLUE40MS ADDED BY E0900mWWW / IIMCUIL PROVI'S"a Events Promotor Event Dates: 3129-30/2008 Certificate holder Is listed as additional Insured In regards to the general liability policy. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) 0 ACORD COR TION 1998 SNOUIU) MY OF TM ANOYE QUOPMED rOLJCAE69E CANCELLED BEFORE THE EXMRATION City of Cape Canaveral DATE nMPEOF, 711E IS9LftIO INSL1aER YMLL ENDEAVOR TO MAA 10 DAYS WWMM PO Box 326 NOTICE TO THE CERISICATE NOLDEN NAIa!D TO TIE LEFT, BUT FAILURE TO 00 50 MALL Impose No oaLxmTIDN OR LJAWtM OF AW KM UPON THE INOVREIL IT5 AQENTTI OR Cape Canaveral, FL 32920 wIrmfg. AUTHORMb REPM$MTATNE GLH> ACORD 25 (2001108) 0 ACORD COR TION 1998 01/11/2006 12:39 3523440652 TNT PAGE 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endaraement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contrail between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negativety amend, edend or alter the coverage afforded by the policies listed thereon. r-7 i-7 0 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT THIS 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT ("Agreement") is %.4 / ,, made and entered into as of the day of . o, ;,.,.-.. 2007 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, (-City"), and T -N -T EVENTS, INC., a Florida Corporation ("Permittee"). WITNESSETH: WHEREAS, Permittee desires to coordinate the 2008 Cape Canaveral Art Festival, "Images in Art," for the benefit of the public on March 29 and 30, 2008 at Manatee Sanctuary Park. which is located in and owned by the City of Cape Canaveral, Florida-, and WHEREAS, Permittee desires a permit from the City which would authorize the Permittee to hold the 2008 Cape Canaveral Art Festival at Manatee Sanctuary Park, as permitted under this Agreement: and WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials, and experience to satisfy the permit requirements set forth hereunder and to provide the Special Event as provided herein. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 General Provisions: 2.1 Definitions: (a) "Advertise" shall mean the act of publicly announcing or calling attention to the Special Event, including, but not limited to. the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by billboard, poster. radio, television or newspapers. (b) "Agreement" or "Contract' shall mean this Agreement and all exhibits and addendums thereto between the City and Permittee regarding the Special Event permitted herein. (c) "Manatee Sanctuary Park" shall mean the park owned and operated by the 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 1 of 10 City, which is located within the City of Cape Canaveral at 701 Thurm Boulevard. (d) "City" shall mean the City of Cape Canaveral, a Florida Municipal Corporation and its employees, agents and contractors. (e) -City Manager" shall mean the City Manager of the City of Cape Canaveral, Florida or his designee. (f) "Permittee" shall mean T -N -T Events, Inc., a Florida Corporation. and its officers, employees. agents, and its contractors. (g) "Effective Date` shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. (h) "Public Records" is as described in Section 119.01 1(1 1 ). Florida Statutes. (i) "Special Event"shall mean the 2008 Cape Canaveral Art Festival to be held at Manatee Sanctuary Park on March 29 and 30. 2008 and further described in this permit Agreement. The Special Event shall be planned, promoted, managed, and operated by the Permittee pursuant to this Agreement. 2.2 Permit. The City hereby permits the Permittee and the Perinittee agrees to provide the Special Event outlined in this Agreement. No prior or present agreements or representations shalt be binding upon any of the parties hereto unless incorporated in this Agreement. 3.0 Scope of Special Event. Pennittee agrees to provide the following Special Event under the following special operating conditions: 3.1 Special Event. Permittee shall advertise, produce, plan, promote, manage and operate the Special Event in cooperation with the City. In furtherance thereof, Permittee agrees to keep the City Manager fully informed of its plan to promote. manage. and operate the Special Event so that Cit can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health. safety, and welfare related to the Special Event. 3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions for the Special Event. Permittee shall retain all fees and commissions from the concessions provided by Permittee. 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 2 of 10 3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement. Permittee shall retain the sole right to all sponsorships and paid fees for the Special Event. 3.4 Staging; Other Production Materials. Permittee shall provide all staging and production materials necessary to produce a high quality Special Event including, but not limited to, radios, tents, port -a -lets. security, event staff, and catering for staff. 3.5 City Special Event Policy. Permittee agrees to comply with the City's written Special Event policies, if any, deemed applicable to the Special Event by the City Manager. 3.5 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold the Special Event and conduct any particular activities therein. City shall waive all City permit fees for the Special Event. 4.0 Compensation and Expenses. Compensation and expenses for the Special Event shall be paid as follows: 4.1 Permittee Expenses. Unless otherwise provided in this Agreement. Permittee shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, fire and police services and extra City personnel services caused by the Special Event and as deemed reasonably necessary by the City Manager, clean up of Manatee Sanctuary Park and surrounding area, parking coordination, repair of damages incurred to Manatee Sanctuary Park caused by the Special Event, portable restroom facilities, and existing lighting of Manatee Sanctuary Park and surrounding areas. Payment for any expenses owed to City under this provision shall be made at the conclusion of the Special Event or within ten (10) days of presentation of such expenses by City to Permittee, whichever occurs later. 4.2 City Expenses. City shall provide to Pennittee access to Manatee Sanctuary Park on the days of the Special Event. Additionally, City shall provide Permittee access to Manatee Sanctuary Park on the one (1) day immediately preceding and the one (1) day immediately following the Special Event for set-up and clean up purposes. 5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Special Event desired hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, professional entertainment and the steps necessary to complete the Special Event within the time set forth herein. The Permittee warrants unto the City that it has the competence and abilities to carefully. professionally. and faithfully complete the Special Event in the manner and within the time limits proscribed herein. The Perinittee will perform the Special Event with due and reasonable diligence consistent with sound 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 3 of 10 professional and labor practices and with due and reasonable consideration to the public health, safety, and welfare. 6.0 General Miscellaneous Provisions. The following general miscellaneous provisions shall apply to this Agreement: 6.1 Time of the Essence. The City's responsibility to make Manatee Sanctuary Park available to Permittee is limited to the time periods set forth hereunder. As such, the Permittee acknowledges and agrees that time is of the essence for the completion of the Special Event to be performed under this Agreement. 6.2 Non -Business Day. In the event that any period of time as set forth in this Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other non -business day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day. excluding the days the Special Event will be held pursuant to this Agreement. 6.; No Assignment. This Agreement shall not be assigned or transferred unless prior written consent is granted by the City Council of the City of Cape Canaveral. 6.4 Further Assurances. From and after the execution of this Agreement. each of the parties hereto shall fully cooperate with each other and perform any further act(s), execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 6.5 Legal Representation. The parties acknowledge that Anthony A. Garganese. Esquire, and Brown, Garganese. Weiss and D'Agresta, P. A., and other- attorneys therein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than the City. 6.6 Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional. the said word, sentence, or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal. unenforceable. or unconstitutional word, sentence. or paragraph did not exist. 6.7 Governing Law; Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the Special Event is Brevard County. If any dispute concerning this Agreement arises under Federal law, the venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 4 of 10 6.8 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with the parties hereto, the prevailing party in such litigation or controversy shall, to the extent permitted by law, be entitled to recover from the other party or parties all reasonable attorneys fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post -judgment collection proceedings. 6.9 Non Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other rights, unless otherwise expressly provided herein. 6.10 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under- the following circumstances: when delivered in person. or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the 17 next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission, and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): TO THE CITY: WITH A COPY TO: TO PERMITEE: Mr. Bennett Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1230 (Phone) 12l-868-1224 (Fax) Anthony A. Garganese City Attorney Brown. Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson Street, Suite 660 Orlando. FL 32802 407-425-9566(Phone) 407-425-9596(Fax) Ms. Terri Rudzitis, President 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 5 of 10 T -N -T Events. Inc. P. 0. Box 623 Inverness, FL 34451 ( 352) 344-0657 (Phone) (352) 344-0652 (Fax) 6.11 Counterparts. This Agreement may he executed in any number of counterparts. each of which when so executed and delivered, shall be original: but such counterparts shall together constitute but one and the same instrument. 6.12 Public Record. It is hereby specifically agreed that any record, document. computerized information and program, audio or video tape, photograph, or other writing of the Permittee related, directly or indirectly. to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Permittee. Said record, document, computerized information and program, audio or video tape, photograph. or other writing of the Permittee is subject to the provisions of Chapter 119, Florida Statutes. and may not be destroyed without the specific written approval of the City. Upon request by the City, the Permittee shall promptly supply copies of said Public Records to the City. All books, cards, registers, receipts. documents, and other papers in connection with this Agreement shall at any and all reasonable times during normal business hours of the Permittee be open and freely exhibited to the City for the purpose of examination and/or audit. 6.13 Interpretation. Both the City and the Permittee have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.14 No Joint Venture. This Agreement shall not in any way be deemed to create a joint venture or principal -agent relationship between Permittee and the City. 6.15 No City Representations and Warranties; Success of Special Event. Permittee agrees and acknowledges that the City has made no representations and warranties regarding the Special Event. Permittee has assumed full responsibility for furnishing, performing, and completing the Special Event and that Permittee agrees and acknowledges the City has in no way guaranteed that the Special Event will be successful and profitable by any person's standard and belief of success and profit. 7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements. either oral or written, and all such matters shall be deemed merged into this Agreement. 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 6 of 10 8.0 Sovereign Immunity. Notwithstanding any other- provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim orjudgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence. exceeds the sum of two hundred thousand dollars (5200,000.00). This paragraph shall survive termination of this Agreement. 9.0 General Liability Insurance. For all activities and services permitted and which occur under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event. the Permittee shall purchase and maintain, at its own expense, such general liability insurance, food and liquor liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the activities and services permitted and occurring under this Agreement. including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event. The insurance shall have minimum limits of coverage of 51,000.000.00 per occurrence combined single limit for bodily injury liability, property damage liability. and food and liquor liability. This shall include, but not be limited to, automobile liability of owned vehicles. hired and non -owned vehicles. and employee non -ownership. All insurance coverage shall be with insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Permittee shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies. and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other- provisions of this Agreement. The Permittee shall be solely responsible to pay any deductible. if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Permittee in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of the date of deliver of'such certificates and endorsements to the City. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall continuously maintain such insurance in the amount, type, and quality as required by this paragraph. 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 7 of 10 10.0 Indemnification and Hold Harmless. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers. and attorneys from and against all claims, losses. damages, personal injuries (including but not limited to death). or liability (including reasonable attorney's fees). which directly or indirectly arises out of, or results from any act or failure to act of Permittee or any person authorized by Permittee to participate in the Special Event which in any way is related to Permittee's obligations under this Agreement, and/or the services and activities provided and performed under this Agreement. The indemnification provided above shall obligate the Permittee to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, and attorneys which may arise or result from this Agreement. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This section shall survive termination of this Agreement. 11.0 Standard of Care. In performing its activities and services hereunder, the Permittee will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. Permittee shall protect the public and property from any safety hazards directly or indirectly resulting from the Special Event and the authorized participants thereto. 12.0 Termination. By written notice to Permittee, the City shall have the right to cancel the Special Event and this Agreement at any time, without penalty. 13.0 Term. The term of this Agreement shall commence upon full execution of this Agreement by the parties and end at such time Permittee has fully performed all the services required by this Agreement to the complete satisfaction of the City. 14.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of Permittee hereby represents and warrants that he or she has the full authority to sign said Agreement for Permittee and to fully bind Permittee to the terms and conditions set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 8 of 10 CITY: CITY OF CAPE CANAVERAL, A Florida Municipal Corporat By. Rocky Randels, ayor ATTEST: Susan Stills. City Clerk 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 9 of 10 PERMITTEE: T -N -T EVENTS, INC. A Florida Corporation. i Bv: ti't-�� Terri Rudzitis, President STATE OF FLORIDA COUNTY OF C ITZti� The fore(yoiw, instrument was acknowledged before me this 1 day of Stt -` 2007, by Terri Rudzitis. President, T -N -T EVENTS, INC., a Florida corporation, [ ] whc' is personally known to me or prodrlcO PO i as identification. Q • aMMtssioN;S�O�' c • 0�� 06' ooF� Notary Public t• Floi Aa yo -k#DD497064 ,&' zz Print Name 11C STArZ' My Commission Expires: 2008 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 10 of 10 Meeting Type: Regular Meeting Date: 03-18-08 AGENDA REPORT AGENDA Heading Ordinance -2nd Reading Item 5 No. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance; CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2008, ESTABLISHING A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the adoption of Ordinance No. 01-2008, establishing a fund balance/retained earnings reserve policy. Summary Explanation & Background: This was an audit comment from last year. The Government Finance Officers Association recommends a 15% reserve. I am recommending 20% General Fund Reserve of $1,651,833. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance; language. The Sewer Fund 20% Reserve would be $807,505 and the Stormwater Fund 20% Reserve would be $162,148. I recommend approval. Exhibits Attached: Ordinance No. 01-2008; Reserve Breakdown; GFOA Reserve Fund Policy Mana er,'s Office Department ADMINISTRATION/FINANCE [City uv�uiy 11 tc WLUIi \UUU11Ull vmeeting\2008\03-18-C)8\01-2008. doc ORDINANCE NO. 01-2008 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; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council endorses sound financial policies and practices; and WHEREAS, the City Council has determined that a fund balance/retained earnings reserve policy tailored to the particular needs of the City is the most responsible way to insure against unanticipated events which would adversely affect the financial condition of the City and jeopardize the continuation of necessary public services; and WHEREAS, it is essential that the City Council maintain adequate fund balances/retained earnings and reserves in its various operating funds to provide the capacity to: (1) provide sufficient cash flow for daily financial needs; (2) secure and maintain investment grade bond ratings; (3) offset significant economic downturns or revenue shortfalls, and (4) provide funds for unforeseen expenditures related to emergencies; and WHEREAS, the City Council desires to adopt a fund balance/retained earnings reserve policy as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral Ordinance No. _-2008 Page 1 of 4 City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikentit type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 1. GENERALLY iY X Sec. 2-208. Creation of Fund Balance/Retained Earnings Reserves There is hereby created in each of the various governmental fund type (general fund special revenue funds, debt service funds and capital projects funds) and proprietary fund type (enterprise funds) of the City, a reservation of fund balance or retained earnings equal to the following_ La,Z General Fund. In the general fund there shall be created a reservation of fund balance equal to 20% of the current fiscal year budget for the fund For the purposes of this calculation, the current fiscal year budget shall be the budget as originally adopted by ordinance in September. This reserve shall be in addition to all other reserves or designations of fund balance, including but not limited to reservations for uncollected receivables and reservations of funds which have expenditure authority limited to specific purposes. In any fiscal year when the City is unable to create the reservation of fund balance required by this section, the City shall not budget any amount of appropriated fund balance for the purpose of balancing the budget. Lb,Z Special Revenue Funds. By definition special revenue funds are created to account for the proceeds of specific revenue sources (other than expendable trusts or for major capital projects) that are legally restricted to expenditure for specified purposes As such no specific reservation of fund balance is created by virtue of enactment ofthis ordinance,• rather the amount of any reservation of fund balance shall be governed by the legal authority underlying the creation of the individual fund. Lc,Z Debt Service Fund. Debt service funds are typically subjected to the creation of very specific reserve amounts as a part of the ordinance or resolution which authorizes the issuance of the bonds which are being repaid. Therefore this policy does not create any specific reservation of fund balance within the debt service fund rather; reserve requirements for any outstanding City bond issues will be as derived from the ordinance or resolution City of Cape Canaveral Ordinance No. _-2008 Page 2 of 4 authorizing the issuance of the bonds ta Capital Proiects Fund. The capital projects fund was created to account for resources designated to construct or acquire general fixed assets and major improvements Occasionally, these projects may extend beyond a single fiscal year. Therefore although no specific reserve requirement is established for the capital projects fund at a minimum the fiscal year end unreserved, undesignated fund balance coupled with estimated revenues for the ensuing fiscal year, must be sufficient to fund all outstanding fund obligations. Lee,Z Enterprise Funds. The City has created a total of two (2) enterprise funds to account for wastewater treatment and stormwater treatment services In each of the enterprise funds now or hereafter created by the Council there shall be created a reservation of retained earnings equal to 20% of the current fiscal year budget for that fund For the purposes of this calculation, the current fiscal year budget shall be the total budget as originally adopted by ordinance in September. This budget shall be prepared on the modified accrual basis of accounting and therefore includes such items as capital outlay and operating; transfers out This reserve shall be in addition to all other reservations of retained earnings including but not limited to amounts reserved for debt service and/or amounts reserved for renewal and replacement of long lived assets. Section 2-209. Utilization of Surplus Reserves In the event that the unreserved undesignated fund balance or unreserved retained earnings balance exceeds the amounts set forth above the excess may be utilized for any lawful purpose Nevertheless, it is recommended that first priority be given to utilizing the excess within the fund in which it was generated. In order to minimize the long term effect of such use it is also recommended that any such excess be used to fund one time expenditures or expenses which do not result in recurring operating costs or other one time costs including the establishment of or increase in legitimate reservations or designations of fund balance or reservations of retained earnings Section 2-210. Replenishment of Reserve Deficits If, at the end of any fiscal year, the actual amount of unreserved undesignated fund balance or unreserved retained earnings falls below the required levels set forth herein the City Manager shall prepare and submit a plan for expenditure or expense reductions and/or revenue increases to the Citv Council. As a part of the annual budget review, the City Council shall review and amend the plan submitted by the City Manager for restoring the amount of unreserved undesignated fund balance, or unreserved retained earnings to the required levels Any deficit in the required amount must be restored no later than the end of the second fiscal year following its occurrence Section 2-211. Annual Review. Compliance with the provisions of this ordinance shall be reviewed as a part of the annual budget adoption process. City of Cape Canaveral Ordinance No. _-2008 Page 3 of 4 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 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 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#942261- $100.62) in the matter of CITY OF CAPE CANAVERAL The Court NOTICE OF PUBLIC HEARING ORDINANCE NO. 01-2008 was published in the FLORIDA TODAY in the issues of MARCH 8TH, 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 3rk � ibflllll� 000eaizao • OE- Fo,-.d3NotwA=VhW E res10/2TJ4090 • nn al\\\\\\\t\\\fitiii.fiii F......... man ■\\\\\\\\i JULIA A. BOWMAN (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type Identification Produced AD#942261,o3loBjM NO-fiCE OF Pl18LIC HEARINI The env Camal d the Coy Cape GMaveraC Fldrkta wi6 ho a public Hearing for the purpm of adopting Ordinance Ni 01-2808 in the City Hall Anne 111 Pok Avenue, Cape Ca naveral, Florida at 7 P.M., o Tuesday, March 18, 20o8. Th ordinance may be inspected I its entirety in the City Clerk, Office during business hour (8:30 a.m. to 5:0o p.m., Mon day-Frfday). ORDINANCE NO. 01-2008 AN ORDINANCE OF THE FI - 1E RE- INCONSIS- CES AND Honda Statutes, the Coy here- by advises the Public that: It 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 Per- son might need to ensure that a verbatim record of the pro- ceedings is made, which re - Cord includes the testimony no- I try the City for the introdudfon Or admission into evidence of I otherwise inadmissible or irrel- evant evidence, nor does it au- thorize challenges P, appeals not otherwise allowed by law. Persons with disabilities need- ing assistance to Participate in any of these proceedings should contact the City Clerks Office (868-1711) 48 hours in advance of the meeting. Susan Stills, CMC Coy Clerk O M ti M W Cb O lr� O Cn qq CC CO Ir: U -d O Q) U -p C > N C ..O f� 7 ��, p p C U -d O `) (a "C3 O C U M N E C C U 7 C _N * 3 O Co E v LL a) � a) -0 a) w O O U C p U a) C > �p O ca O O ui n Gi O N O ,� a) c (B C L � � Q CT V C � � � O C O L _O m L N = (6 C7) N CO CD N rL+ a) 0 CL cn C= U U � X +. Qi V � _ C: U C O U O N E LM O mLO ) m o a'mU E 0 00 0- N O N a, a, ( O O O> N p � °' N a) O E U p _ CD -3 Q i m> C m a) m U = �U. 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'C N C L E p m 0 0 O C N a) a) U U .cu U U (O E -6 a) C O (0 a) N M S C m m ate) m p a) > cn C O m c aa)) E m (D a) m a) ? a) a) m L rn a) � �' a) �, a) rn N N N N_0 a) 2 d N C w j _ L� U N 0 U L -LC L C (0 U 7 ) a) T a) '� U M N> U r� V \ / c: / / k Q 4) cu 27 k � §/ 2 § 2/ k\ k k 2/ 2 § 2=7 2 > ca of @ 2 n � u $ o �(D � k � � } ) � k 2 m V LL \ CL 2 CL M « 4. � c : k / R / dcc P / % e % 4-- (D L / c: k § 2± k k % & Edi cu f $ m 0 M —0 \Im k/ cu \2c: = m o f E- CU . 2§f cu $ k. / $ cn CL/ 2 § k E -0 CL LL'De/ 2 $ t «ƒ m0k so 7 � G ■ 2 2 = /)§k �==o CL cn 2 cc m o)}k o )7f\ fm@- F o �_/ 2! CD a, $ 2 00 E 2 n a) §]\/ S 3 a) /§S] 2 n 2-q?Ecc L SU$ ƒ§2CL ) §±2z 0j ow )§E §}{ �e0,7 /k[ 15 15 o'F \\ \E (�E (D / moo$ cu a) a) x®77 -Cc 0 0 \ /M 0 0 see} t\2a 0 2{m. a) 'C 2 &a£& / ) ■ k � .' 2 ƒ : // � m\° v ƒ ƒ � § c / ƒ c E _0 o m C %� LL L>% e in $ L m ■ Q / $ ® $ % fes«\ƒ 2 . te a?/u 2 2 a) f d� m o ± \.g a / o § 2 % \ w z U- k E 4) / e o)}k o )7f\ fm@- F o �_/ 2! CD a, $ 2 00 E 2 n a) §]\/ S 3 a) /§S] 2 n 2-q?Ecc L SU$ ƒ§2CL ) §±2z 0j ow )§E §}{ �e0,7 /k[ 15 15 o'F \\ \E (�E (D / moo$ cu a) a) x®77 -Cc 0 0 \ /M 0 0 see} t\2a 0 2{m. a) 'C 2 &a£& Awronriate Level of Unreserved Fund Balance in the General Fund (2002) Backeround. Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government's budgetary basis.' In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish reserved fund balance from unreserved fund balance. Typically, only the latter is available for spending. Accountants also sometimes report a designated portion of unreserved fund balance to indicate that the governing body or management have tentative plans concerning the use of all or a portion of unreserved fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government's general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unreserved fund balance in the general fund. Credit rating agencies carefully monitor levels of fund balance and unreserved fund balance in a government's general fund to evaluate a government's continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unreserved fund balance for state and local governments. Those interested primarily in a government's creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens' groups, which may view high levels of fund balance as "excessive." Recommendation. GFOA recommends that governments establish a formal policy on the level of unreserved fund balance that should be maintained in the general fund? GFOA also encourages the adoption of similar policies for other types of governmental funds. Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and specific plans for increasing or decreasing the level of unreserved fund balance, if it is inconsistent with that policy. 3 The adequacy of unreserved fund balance in the general fund should be assessed based upon a government's own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures.4 A government's particular situation may require levels of unreserved fund balance in the general fund significantly in excess of these recommended minimum levels.5 Furthermore, such measures should be applied within the context of ' For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetary fund balance to distinguish these two different uses of the same term. 2 Sometimes reserved fund balance includes resources available to finance items that typically would require the use of unreserved fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unreserved fund balance for purposes of analysis. 3 See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 4The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government's particular circumstances. In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. Once the decision has been made to compare unreserved fund balance to either revenues or expenditures, that decision should be followed consistently from period to period. 5 In practice, levels of fund balance, (expressed as a percentage of revenues/expenditures or as a multiple of monthly expenditures), typically are less for larger governments than for smaller governments because of the magnitude of the amounts involved and because the diversification of their revenues and expenditures often results in lower degrees of volatility. long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unreserved fund balance in the general fund at any one time. In establishing a policy governing the level of unreserved fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of it revenues and the volatility of its expenditures (i.e., higher levels of unreserved fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). • The availability of resources in other funds as well as the potential drain upon general fund resources from other funds (i.e., the availability of resources in other funds may reduce the amount of unreserved fund balance needed in the general fund, just as deficits in other funds may require that a higher level of unreserved fund balance be maintained in the general fund). • Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained). • Designations (i.e., governments may wish to maintain higher levels of unreserved fund balance to compensate for any portion of unreserved fund balance already designated for a specific purpose). Naturally, any policy addressing desirable levels of unreserved fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the Committee on Accounting, Auditing and Financial Reporting and the Committee on Governmental Budgeting and Management, January 30, 2002 Approved by the Executive Board, February 15, 2002. CITY OF CAPE CANAVERAL CC: Bennett Boucher, City Manager FINANCE DEPARTMENT Andrea Bowers, City Treasurer DATE: 12 March, 2008 MEMO TO: Mayor and Members of City Council CC: Bennett Boucher, City Manager FROM: Andrea Bowers, City Treasurer DATE: 12 March, 2008 Re: Fund Reserve Analysis Following are a number of analysis concerning Fund Balance. There are numerous variables that would need to be considered in order to provide you with an accurate analysis of revenue required to provide a specific amount of operation for the city. They are: Depending on the type of emergency encountered. If we were wiped out by a hurricane vs. a revenue shortfall due to economic depression. What capital projects, if any, are maintained in the revised budget. What services could or would be discontinued in the short term. Extraordinary Services may be funded through FEMA services but ongoing operating expenses are generally expected to be born by the municipality. Also keep in mind that even the services funded by FEMA will be required to be paid by the City well in advance of any reimbursements. Legislative Dept. Personnel Services Operating Exp. Capital Administrative Dept. Personnel Services Operating Exp. Capital Public Safety Personnel Services Operating Exp. General Fund 2007/08 1/12th 6 Months 6 Months 20% 20% Budget Budget w/Capital w/o Capital w/Capital w/o Capital 13,835 1,153 6,918 6,918 2,767 2,767 53,000 4,417 26,500 26,500 10,600 10,600 384,644 32,054 192,322 192,322 76,929 76,929 85,264 7,105 42,632 42,632 17,053 17,053 10,000 833 5,000 2,000 27,188 2,266 13,594 13,594 5,438 5,438 2,607,589 217,299 1,303,795 1,303,795 521,518 521,518 Capital 205,206 17,101 102,603 6 Months 41,041 20% Fire Rescue Budget Budget w/Capital w/o Capital w/Capital w/o Capital Personnel Services 44,000 3,667 22,000 22,000 8,800 8,800 Operating Exp. 1,309,970 109,164 654,985 654,985 261,994 261,994 Capital 28,500 2,375 14,250 5,700 Community Dev. 649,383 n/a n/a 71,278 129,877 129,877 Personnel Services 520,079 43,340 260,040 260,040 104,016 104,016 Operating Exp. 188,148 15,679 94,074 94,074 37,630 37,630 Capital 17,000 1,417 8,500 3,400 Streets Dept. Personnel Services 423,177 35,265 211,589 211,589 84,635 84,635 Operating Exp. 229,125 19,094 114,563 114,563 45,825 45,825 Capital 54,000 4,500 27,000 10,800 Parks & Recreation Personnel Services 253,406 21,117 126,703 126,703 50,681 50,681 Operating Exp. 104,801 8,733 52,401 52,401 20,960 20,960 Capital _ Legal Services Operating Exp. 70,300 5,858 35,150 35,150 14,060 14,060 Garbage Services Operating Exp. 873,600 72,800 436,800 436,800 174,720 174,720 Business & Cultural Dev. Operating Exp. 28,825 2,402 14,413 14,413 5,765 5,765 Non -Dept. Personnel Services 14,302 1,192 7,151 7,151 2,860 2,860 Operating Exp. 5,500 458 2,750 2,750 1,100 1,100 Capital 393,730 32,811 196,865 78,746 Contingency 165,740 13,812 82,870 82,870 33,148 33,148 Fund Totals 8,110,929 675,911 4,055,465 3,701,247 1,622,186 1,480,499 Waste Water Treatment Plant Storm Water Dept. 2007/08 1/12th 6 Months 6 Months 20% 20% Budget Budget w/Capital w/o Capital w/Capital w/o Capital Personnel Services 1,286,574 107,215 643,287 643,287 257,315 257,315 Operating Exp. 999,062 83,255 499,531 499,531 199,812 199,812 Capital 615,800 51,317 307,900 123,160 Debt Service 649,383 n/a n/a 71,278 129,877 129,877 Transfers & Contingency 486,704 40,559 243,352 243,352 97,341 97,341 Fund Totals 4,037,523 282,345 1,694,070 1,386,170 807,505 684,345 Storm Water Dept. 2007/08 1/12th 6 Months 6 Months 20% 20% Budget Budget w/Capital w/o Capital w/Capital w/o Capital Personnel Services 74,221 6,185 37,111 37,111 14,844 14,844 Operating Exp. 75,964 6,330 37,982 37,982 15,193 15,193 Capital 518,000 43,167 259,000 103,600 Transfers & Contingency 142,556 11,880 71,278 71,278 28,511 28,511 Fund Totals 810,741 67,562 405,371 146,371 162,148 58,548 Meeting Type: City Council Meeting Date: 3/18/08 AGENDA REPORT PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL AGENDA Heading First reading Item 6 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 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: We received an application 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. Exhibits Attached: A) Application from Cape Caribe and Staff Reports City Planner's Office Department 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 "C-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 16' ).3 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. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoo' Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Readin': 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 EXHIBIT DESCRIPTION A NOT A BOUNDARY SURVEY DESCRIPTION OF EASEMENT - A portion of Government Lot 1, Section 14, Township 24 South, Ronge 37 East, Brevard County, F/orido, being more particularly described as follows: Commence at the Northwest corner of said Government Lot 1; thence SO129'011E, 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 N8945'43 E. a distance of 243.76 feet; thence SOO74'17"E, a distance of 216.99 feet; thence 5894549"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. THIS IS NOT A SURVEY. 2. The bearings shown are based on o bearing of SOr29'O1'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 DESCRIPTION. SHEET OF PREPARED BY: VLE.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 CERTIFICATE OF A U THORIZA 77ON jf, LB 266 3.' 2. 1, JOB NO. 980129 DATE.12-07-07 SURVEYOR'S CER 77RCATION.• 1 hereby certify that the attached Property Description was prepared under my direction, in accordance with al/ applicable requirements of 3 the Minimum Technical Standards, " for land surveying in the State of 0 Florida, described in Chapter 61C17-6, Florida Adm' S�?'o Code, pursuant to Chapter 472.027, Florida Stotutes./ nom, Not valid without the signature l and the original raised seal of a Florida licensed surveyor and mopper, PREPARED AND CERTIFIED FOR: / rn� 8Y.• SEPH C. BAKER1 iS/ONAL SURVE OR MAPPEP, REGISTRA770Al ;Jo. 4222 REAL TY, INC. 1;-1 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY k1 WEST LINE OF GOVERNMENT LOT 1 OF LOT 1 CANYAVERA F• PORT AUTHORITY SUBJECT PARCEL 1.20 ACRES t S 89'45'49 0W.. PREPARED BY: VLEN ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (321)783-5902 CERnACME OF AUTHORM47701V # LB 266 1 DA T. 12-07-07 JOB NO. 980129.4 DRAWN BY.• KSC SCALE.- 1 '-50' .W tl� O O vi 1 Im 239.05' CAPE CARIBE SCALE: 1'=50' 3 z N 0 125 25.0 50.0 lmo W GRAPHIC SCALE QI SHEET 1 OF 2 N 0 SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEYOR'S CER77RCA77ON AND SURVEYOR'S NOTES ARED AND CERTIFIED FOR: TOWNE REALTY, INC. 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 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 �y ( IN FEET 1 INCH = 100 FEET MILLER LEGE NOT PLATTED 802.69' NORTH LINE OF GOVERNMENT LOT 1 EXHIBIT t N89'45'43"E POINT OF 66.02' NORITHEAST CORNER OF T I GOVERNMENT LOT 1 66.00' NOT PLATTED REMAINDER NOT PLATTED 0 66.00' 813 57' NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE SHOREWOOD DRIVE S89'4543"W 0 6608 ' 3482 PG 36RIGHT OF 8 Y 66.02' s OR 3587 PG 2167 O = CHANGE OF DIRECTION OR = OFFICIAL RECORD BOOK PG = PAGE :artiti=ta of Authorizatlon L8. 6680 66.00' - INrnFa,� CE[TI Y THAT TKS Scurf MEETS THF MNa" TEGPiWL STANWWS AS SE' FOT"-Y I" r -M FWW WARD DF PROFESPONAL SLNYEYMS AM "W[RS a C-WM 6107-0. FLDRIMA ADMWASTM7M1S COVE PWMAW TO 9x'ICN 47ZO27. FLORCA STATUTES DATED MM 20TM DAY Or OCCO.bM 2467 A.D. 1 �t� RALPH THOMAS SNOW PROFESSIONAL SURVEYOR AND MAPP_ STATE OF FLORIDA REGISTRATION Na. SMI NOT V" WLYWT THE 90"r.M AFD AIF ORN'SI, AL RAI= SFAL OF A FLCRDA UCDOM SURV� AND YAPa.R T. -NS SKE'CH DOES NOT R-3WiLNT A 8OMN9ARY MMVc plahm pa 4-00170 I ASKDN001 z O_ O_ 0 P t0 (ID c rn s NOT PLATTED m z m o `` C o O o p o O o REMAINDER NOT PLATTED 0 66.00' 813 57' NORTH RIGHT OF WAY LINE OF SHOREWOOD DRIVE SHOREWOOD DRIVE S89'4543"W 0 6608 ' 3482 PG 36RIGHT OF 8 Y 66.02' s OR 3587 PG 2167 O = CHANGE OF DIRECTION OR = OFFICIAL RECORD BOOK PG = PAGE :artiti=ta of Authorizatlon L8. 6680 66.00' - INrnFa,� CE[TI Y THAT TKS Scurf MEETS THF MNa" TEGPiWL STANWWS AS SE' FOT"-Y I" r -M FWW WARD DF PROFESPONAL SLNYEYMS AM "W[RS a C-WM 6107-0. FLDRIMA ADMWASTM7M1S COVE PWMAW TO 9x'ICN 47ZO27. FLORCA STATUTES DATED MM 20TM DAY Or OCCO.bM 2467 A.D. 1 �t� RALPH THOMAS SNOW PROFESSIONAL SURVEYOR AND MAPP_ STATE OF FLORIDA REGISTRATION Na. SMI NOT V" WLYWT THE 90"r.M AFD AIF ORN'SI, AL RAI= SFAL OF A FLCRDA UCDOM SURV� AND YAPa.R T. -NS SKE'CH DOES NOT R-3WiLNT A 8OMN9ARY MMVc plahm pa 4-00170 I ASKDN001 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 4-4 NO. 02-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND k 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 1 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 Zxk4la'; City of Cape Canaveral Future Land Use and��. Zoning Amendments n R3 R3 MI MI R3 CON _ R2 C1 M1 R1 RI CI C1 .j' Ri R1 CS Ml _ _ _.. R1 ... C2 _._. C1 N R2 R3 - C2 _.... R1 R3 al KI C1 RI _ in, R2 Ia CI R2 R2 CON R3 Cl R R2 3 R2I p2:. Ct PUB n - - , ;:. PUB R2PUB C' C1_ R3 R3 C1 R2R2 N3 _ _.. C1 R2 R2 R2a'p3;.. CON..- R1 _ C R2 R2 R2 R2 CON .... ... . C1'. C3 Cl R2 R2 R2 R2 R3),R3 R3 i CI .'; R2 R2 R2 %3 R3 RAl C1 R22 R2 -R3 ,43 PUB �....... R2 R2 R3 Cl.._--.. C7. R2 R2-' R2 -.._.. CI_ R2 R2 R2 R3 PUB PUB R2 R2 R3:_... ... PUB R2 R2 R2 R3: Subject Area Q C2 _. _. Cl R2 R2 R3 .. , Cl R2 R2 R3 , C7. _...R2 R2 Ri(ii A3 C2 __ L' Q - - C1 .... R2 R2 R3 C1 R2 R1 Legend -.. Future Land Use/ Zoning �.__..,....._ _.. G t Commerce) C2 Commercial -- Aq1 )ndustnal -"y-- R t ResideW,a/ RI Rl Cl -- -- - R2 Resrd""i R3 Resrdenlel - - con+ C-smalgn R3 ? _. P`B Publir/Recreatlon R2 Q Arrnaedog2a) Sr /�` �\\- - City of Cape Canaveral Streets Map Map prepared by MILLER"L E G G M"'°' Legg r Associates, Inc. March 4, 2008 City of Cape Canaveral Future Land Use and Zoning Amendments t G1 -A N D R 1 T C'] TROPIC HOREwob BEACH DR. Q QR, LAKE Df . SOLANA OCE41 PARK�N. HOREWOOD DR. M I LLER\\>"L EGG 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 I 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 icher, City Manager V110CA1 I �L,,,J, 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:_ ie -r�'I �%'` / FEE PAID: 4PX)U, 00 DEPOS& RECEIVED BY: ($250.00 FILING FEE IS NON-REFUNDABLE) NATURE OF REQUEST fiat �C Krttjinq Comb Plcer� ,SPECIAL EXCEPTION VARIANCE X REZONING APPEAL CODE AMENDMENT [}IIW1cb7ct 1� 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__J_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 Caae Caribe. Inc. Address 710 N Plankinton Ave City Milwaukee State WI Zip 52303 Home Phone# Work Phone# 414-274-2473 (If other than owner) Applicant's Name Cape Caribe, Inc. c/o Kohn Bennett _ _ Address 1000 Shorewood Drive City Cape Canaveral State FL Zip 32920 Home Phone# Work Phone#_ (321) 784-8093 �. All information, sketches and data contained and made part of ',itis requ the best of my knowledge and belief. --,\/, ., Sworn to and subscribed before me on this o21 5f" day of e e 201L-. Applicant's S of Flo fda and true to ,UBLIC-S IAI h 0 fuDA Barbara Downey Commission # DD446461 Expires: AUG. 19, 2005 - - �reee-�nr�i-nik�3i3e-Ht*ae3li�,'t�?, Tn 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 meeting, 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 on Notice posted on subject property on property owners within 500 & notified on is/�ilcthbl ii:03 Ah 0ii908c8 3 ]tiA 0U CaEn Amount CYC #.i`r130,134221 Amount $2,250. 00 APPLICATION FOR REZONING .0 COMPREHENSIVE PLAN AMENDMENT DEVELOPMENT FACT SHEET 1. APPLICANT: Name: Cape Caribe, Inc. c/o Kohn Bennett Aritiregg• ennn I. .� n:.. n,..... ��_�..__�� nnnnn 1 VV0 alt for a ooU—J D' IVe, Lapp CanaVe1 al, FL JL29LU 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 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 i. 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. 166.041) 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 �encY, the appropriate regional planning council, the water management district, the Department of Community Affairs and the Department of Transportation for comments 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 ENTIRETY IN CHAPTER 163 OF THE FLORIDA STATE STATUTES. BUILDING & PUBLIC SAFETY DEPARTMENT CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AMEND TEE COMPREHENSIVE PLAN This appfac id ,rageth= with A r T F.E^�L'nicD ' rS, shall be completed and riled with the inning division prior w the established filing deadlinc for the Public hearing before the Planning and Zoning Board. A COMPM-MN' SIVE PLAN AhMDMEYi T DOES NOT ENTITLE THE OWNER TO A DEVELOPME; IT PERMIT. TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT) Owner(s):_ Cape Caribe, Inc. Applicant+____ Kohn Bennett Address: _ 710 N Plankinton Avenue Address: „ 1000 Shorewood rive City: Milwaukee Shite: _ML ____ UQr Cape Canaveral Slate: Florida Zip Code: 52303 —Phone: 414-274-2473 zip Code:- 32920 —Phone, J321) 784-8093 TYPE OF REQUEST Change to the Tera of the Comprehensive Plan Comprehensive Platt Element_ Change to an Existing Provision: Attach proposed word'utg, uasons, and appropriate data and analysis to support the requested change. X Change to the Zoning Map ..Existing Zoning De3i3ftad= R-3 Requested Zoning Designation: C-1 Attach reasons far requested change. See attached Exhibit "A" X Change to the Future Land Use Map Existing Future Land Use Desi;nadon:R-3 Requested Future Land Use Designation. C-1 _ Aa=h reasons for requested change. LOCATION See attached Exhibit "A" Section:- 14 Township:__ 24S Range_ 37 E Bloch t mrp„z•t- _ . . Total Acreage: 1-20 Overall—Dimensions: ADprox. 217'x241' Location and Distance from Nearest Public Road($): _Approx. 2,275 ft. East -of N. Atlantic Avenue _The complete legat description (and the tax Identification number) of the property or portion thereof that the amendment is being requested for, typed on a sr,-arste sheet of paper. An error in the legal description frill result in the request being delayed at the ownerlapplicant's e. -pe. c. __X_A certified survey of the subject property. A County Property Appraiser's map describing the enact parcel may be W=;Lcd tan In lieu of a survey in certain Ins==. _2_A County Property Appraiser's map idrntifylng the subject property and all of the owner:= located within 500 fc_t of the boundaries of tha subject property. X A list ofnames and addresses of all of the property owners located within 300 fr_t of the boundaries of the subject property and krfed to the County Property Appraiser's map. __X,A copy of the most recent recorded Warranty Deed. _ X-_Nctad=d statements from all propaty owners listed on the Warranty Deedwho are aathorizing someone othcr than d=nselves to act on their be. alf as the applieaat. Signature ofStafl'rnember discussing proposed action with the ApplIcanc The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: STATE OF Florida COUNTY OF Brevard .I. Kohn Bennett being first duly sworn, depose and say that: ---tun the owner of the subject property, or 0(corpomdorr. I am the Officer of the corporation authorized to pct on this request). X_I am the Legal representative of the owner of the subject property of this Fpplicadon. of the Warty ls' not owned. or owned only in part by the appll=t. a notarized letter must9FMTI(NaWl_�DG application viag written consent by all property owners of the subject property unless the applicanay for the er). ALL THS ANSWERS TO THE QUESTIONS IN THIS APPLICKETC AND DATA ATTACHED TO AND MADE APART OF THIS APPLICATION ARE TRUE TO _ l5t�s t SWORN AND SUBSCRIBED TO B)~ ORE ME THIS 5f DAY OF PAiIUD 7 MY CO EXPIRES: �- I � � U -- LlV-Sit- ^. I �h il-liittY ri.�UilLUi FLORIDI A r _ _ _ . UBarbara Downey Commission # DD446461 *Expires: AUG. 19, 2009 Pmt-Pcsu 1•11-4 -- u.,. 4nu Co., In, 41M FQx0, PFA 1AKQ,V4K-0 Qpunty F':,QPe;rAY- Apvrgkilsaor -. M,ap Search EXHIBIT VICII ZONING MAP SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY NORTHWEST CORNER OF GOVERNMENT LOT 1 4i ) � WEST LINE OF GOVERNMENT LOT 1 N b p N vi POINT OF BEGINNING CA1VA VE' AL FORT A U 1 tl0BIT '43"E. 243.76' of O) o vs n �d Ga N N o J 41 v SUBJECT PARCEL o 1.20 ACRES f w c. � o U N w O 3 O 2 Ui S 89'45'491W. 239.05' PREPARED BY: 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 77f7CA7F OF AUTHORIZATION I LB 266 J. DATE: 12-07-07 DRAWN BY.• KSC JOB NO. 980129.4 SCALE: 1 "=50' ... N CAPE CARIBE SCALE: 1"=50' 6p%mli� 0 12.5 2&0 soo tooA GRAPHIC SCALE SHEET 1 OF 2 SEE SHEET 2 OF 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION AND SURVEYOR'S NOTES PREPARED AND CERTIFIED FOR: TOWNE REAL TY, INC. DESCRIPTION NOT A BOUNDARY SURVEY DESCRIP77ON OF EASEMENT 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 said Government Lot 1; thence S01'29'01 "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 N8945'43'E a distance of 243.76 feet; thence SOO'14'17'E a distance of 216.99 feet; thence S89'45'49"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 N07ES.• 1. THIS 1S NOT A SURVEY. 2. The bearings shown are based on a bearing of S0129'01'E along the West line of Government Lot 1. J. • Denotes a change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY 7N/S 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 71f7CATE OF A U 7NORIZA 770M ,/ LB 266 SURVEYOR'S CER77RCA 770N: I hereby certify that the attached Property Description was prepared under my direction, in accordance with a// applicable requirements of o the 'Minimum Technical Standards," for land surveying in the State of 4i Florida, described in Chapter 61G17-6, Florida Adm' ro Code, Z pursuant to Chapter 472.027, Florida Statutes. N B Y.• 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 DA TE.- 12-07-07 6EPH C. BA7CER1 iSIONAL SUR VE OR MAPPER nri.,r rrR f/},•f _ innn LVID I%\n llV7r IYa. TLGL REAL TY, INC. RADIUS MAP CAPE CARIBE INC cape_car Ibe500 HRIcIZUEB QLILLIMELILM 14 13 7 19 4 O � $t4 17 2 22 0 15 r° ESE: 'NEIN RD 3- 23 24 20 16 9 11 SHOREWOOD DR 2 Y5T� DR s C BEACH PARK LN I O BEACH PARK LN A1 N 4 MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet Legend BUFFER DISTANCE: 500 feet Notification buffer This map was compiled from recorded documents and does not reflect Parcel/lot boundaries (• �l an actual survey. The Brevard County Board of Commissioners does not assume responsibility for errors or omissions contained hereon. Notified Properties Subject Properties Produced by: Brevard County Planning &Zoning Office -GIS 12/20/2007 This Instrument prepared by: After recording, please return to. Sanford N. Reinhard, Esq. 2875 N. E. 191 st Street, Suite 404 Aventura, FL 33180 I 1 11111111111 CFN:99051165 03-16-99 08:37 am OR B0 ,�3a_ 980 / 1996 sandy Crawford Clerk Of Courts, Brevard County #1`98:2 #Names:2 Trust: 1.50 Rea: 9.00 Serv:0.00 Deed: 50,400.00 Excise: 0.00 WAR R A N T Y D E E DMtg` 0,00 Int Tax: 0.00 THIS INDENTURE, made on0'1'y)a,r / I t 199 'i , between PHIL RUFFIN, ("Grantor"), and SOLANA DEVELOPMENT, INC., a Florida co oration (°Grantee"), whose post office address is: 7/0 N. Pk-1NTdAI, mn-i.)At rsc Zoi _s��z 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® ! 4'2. a F, 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: -MJ A..IE �a7e-oX)U-- PHIL RUFFIN Address: (V:> c 1 �° 7 .+y.d r DOUGLAS VAN PATTEN Nota+y Public . Nevada STATE OF NEVADA ) No. W-8880-+ ) ss. MY ePPL OV. Aug. 17 2002 COUNTY OF (DClrl,2x, ) The foregoing instrument was acknowledged before me on© d 3- U^90j by PHIL RUFFIN, who Is personally known to me, or has produced(o 'aA lm"ir as identification, and who did/did not take an oath. .....— PdntName: be, -G(45 My Commission expires: AA � IZ, amt NOTARY PUBLIC, STATE�OF � A a A F:M K"An d"ed,wpd O w .i Exhibit A A portion of Section 14, Township 24 South, Range 37 Fast, Brevard County, Florida, being more particularly deseribed as followa; Commence at the Northwest coroner of sold Section 14; thence 3489°4334"E, along the North line ofruin Northwest one-quortar of said Section 14, a distance of 2,63994 fed, to the North one-quarter comer of said Section 14; thence N89°4T43"E. along the North line of the Nodheast one -mer of Laid Section 14, a distance of 883.56 feet, to the POINT OF BEGINN> G of the herein described parcel; thence continua, N89045'43"E, along the North line of the Northeast one-quarter of said Section 14, a distance of 435.60 feet, tit 'the .Northwest oomer of Government Lot 1 of said Section 14; thence S01029101'B, along the West line of said Goverment Lot 1, a distance of 790.19 feet, to a point on the South line of the North 790.00 feet of said Government Lot 1; thence N8904S'43'13, along acid South line, a distance of 260.06 feet, to a point on the East line of the West 260.00 feet of said Govemmmt Lot 1; thence N01°29'01"W, along said East line, a distance of 530.13 feet, to a point on the South line of the North 260.00 feet of said Government Lot 1; thence N89"45143'B. along said South line, a distance of 1,554.47 feet, to a point on the Erosion Control Line of the Atlandc Ocean as shown on that survey approved by the Tnmt es of the h9crual improvement 7'rua Fund of the State of Florida on Deoeatbor is, 1973, and i=orded In Survey Book 2 Pages 6 through 11 of the Public Records of Brevard Cou*, Florida; thence S1705736"W, along said Erosion Control Line, a distance of 770.71 £emir to a point on the North line of the South 330.00 feet of said Government Lot 1; thence S8904633"W, along said North line, a distance of 1,SS793 tact, to a point on the West line of said Government Lot 1; thence 501029101"E, along said West lino and its Southerly extension, a distance of 528.24 feet, to a point on the North line of lands described In Deed Book 177, Page 118 of the Public Records of Brevard County, Florida; thence S8904543"W, along said North line, a distance of 456.45 feet, to the Norihwast corner of said lands; thence S60°2653"W, along the West Una of said lands, a distance of 102.77 feet, to a point on the North line of The Villages Of Seaport. A'Condominiutn, as described in Official Records Book 2598, Page 135 of the Public Records of Brevard County, Florida; thence S89°52'21 "W, along said North line, a dletance of 603.15 fect; thence M1629101"W, a distance of 1,121.77 feet; thence N89°45143"B, it distance of 627.44 fact; thence Ml°29'01"W, a distance of 500.12 feet, to the POINT OF BECDRC O, Containing 56.48 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 @$n City of Cape Canaveral Canaveral, Florida. i� Future Land Use and Zoning Amendments ORDINANCE NO. 03-2008 r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . R°REWOgp°R. � 1 aERORC CAPE CANAVERAL, F L O R I D A, _ CHANGING THE _ , ANA ZONING MAP DESIGNATION OF ` CERTAIN REAL -- �° -- - P R 0 P E R T Y ---- �E:��,A�.R_- TOTALING 6.24 '"°"E °°° - 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. Q......_ Qd1.. V i.i-1 VAI IJ, VIVIV, City Clerk -O,1l�1T l zdog - 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. 11 IrrN JAN 2 5 2008 MILLER, LE,G 6 AtWiXtUt 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 1't Review SSA Job #: 05-0025 Dear Todd: SQA • �1✓ �Id +�. iia � : �,i,�r 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 SI'OTI'L.ER SI'AGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321.783.1320 Fax 321.783.7065 aieeCev'w #1.JEc11762 #LB0006700 I1Fileservel roJects105-00251056.10041RAI - Cape Cr6z0ng --. usan 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 [maiito: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: 3/18/08 AGENDA REPORT PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL AGENDA Heading First reading item An application was received from Cape Caribe to expand 1.2 acres of C-1 Commercial zoning to be used for No. their site plan for the Cape Caribe resort. SUBJECT: Recommendation for Approval by the Planning and Zoning Board - Rezoning 08-01, Ordinance 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. Exhibits Attached: A) Application from Cape Caribe and Staff Reports City Planner's Office Department 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 the Property's use be restricted to recreational amenities and parking; and WHEREAS, the owner of the Property consents to the restrictions imposed upon the Property as 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 City of Cape Canaveral Ordinance No. 03-2008 Page 1 of 4 and analysis, and after complete deliberation, hereby finds the requested zoning change, along with 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 of the 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 Exhibits "A"and "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 Property to the following: Recreational amenities. 2. Parking. Any other uses of the Property 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. Official 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 upon by the Property 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. 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: 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 EXHIBIT RE CRIPTION A NOT A BOUNDARY SURVEY DESCRIP77ON OF EASEMENT.• A portion of Government Lot 1, Section 14, Township 24 South, Range 37 East, Brevord 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 50074'17 E, a distance of 216.99 feet; thence 589'45'49'W a distance of 239.05 feet, to a point on the West fine 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. THIS /S NOT A SURVEY. 2. The bearings shown are based on a bearing of S0129'01'E along the West line of Government Lot 1. J. • Denotes a change in direction (no corner found or set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. 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 nFlCAT£ OF A U THORIZA 770M # LB 266 3. 2. 1. JOB NO. 980129 DATE.• 12-07-07 SURVEYOR'S CER77RCA 1]ON.• 1 hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of o the Mng in the State of 4 "Minimum Technical Standards, " for land surveyii Florida, described in Chapter 61G17-6, Florida Adm' ro Code, _ pursuant to Chapter 472.027, Florida Statutes.i Not valid without the signature l and the original raised seal of a Florida licensed surveyor and mapper. PREPARED AND CERTIFIED FOR: 8Y.• SEPH C. BAXER- iSiONAL SURVEIFOR MAPPER, REG157RA 77ON No. 422E REAL FY; INC. 0 rn SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY ui CORNER OF WEST LINE OF GOVERNMENT LOT 1 PO/Aff OF BEGINAM CANAVEi AL PORT AUTUOBI'Y SUBJECT PARCEL 1.20 ACRES t S 89'45'49 "W. PREPARED BY: LLEN ngineering, Inc. SURVEYORS - ENGINEERS 108 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (32L)783-5902 CER71f7CATE OF AUMORIZ4770N # LB 266 JOB NO. 980129.4 DRAWN BY.• KSC SCALE. • 1 "=50' :W w O l lel 239.05' CAPE CARIBE SCALE: 1"=50' a 0 12.5 25A 50.0 1=0 GRAPHIC SCAE q1 SHEET 1 OF 2 N o SEE SHEET 2 OF 2 FOR DESMP770N, SURVEYOR'S CER77FICA77ON AND SURVEYOR'S NOTES 'ARED AND CERTIFIED FOR: TOWNE REALTY, INC. Mol 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 1 0 5050 100 200 ® IL i ( IN FEET ) 1 INCH = 100 FEET Mj' LLERS µ LEG— G z 0 0 cn 0 0 0 0 NOT PLATTED 802.69' NORTH LINE OF GOVERNMENT LOT 1 NOT PLATTED REMAINDER EXHIBIT N89'45'43"E POINT OF 66.02' NORITHE ST CORNER OF GOVERNMENT LOT 1 66.00' z O CND m O > z rn O O 0 rn N z rn z a 0 66.00' NORTH SHOREWOODWAY DRIVELINE OF SHOREWOOD DRIVE S89'45'43"W a' 66.00' RIGHT OF WAY o OR 3482 PG 369 66.02 t� OR 3587 PG 2157 0 = CHANGE OF DIRECTION OR = OFFIC':AL RECORD BOOK PG = PAGE at Authorization i..8. 6680 66.00' - NOT PLATTED N O CND O s rn to O O N NOT PLATTED 813.57' I HtRERY O RTFY THAT 7419 SW= MEETS T6: WIMN TEOWJ1 STANDARDS AS SET F0T4- T' THE AMA 60NO OF PROFESSWAL WtVrMA D YAPPERS F CHAPTER 61W-6. n"WA ADMUSTRAWt RAO- FU93.k4 M SM'VN 473.02/, FLOWA STATUM DAT@ ?HM WN DAY W OLQ. aOL MV Ad. �l J% Rk—. OMAiK 5 SNOW PROFESSIONAL SURVEYOR AND MAPPER STATE OF ROMOA RMSIRATION Na Sb6T NOT VARA 01-MOUT T:E SOIA-,.K 90 THE ORIGNAL RNSTD SIAL OF A FLOR!" UCORSED SURVEYOR AND YAPPER TaS 9MICH DOES NOT REPRESENT A 90UNDARY SURVE FRO,= "m u ACL —00170 ASKD-001 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 N , CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR 4 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 7777 Zoning Amendments n Ml R3ju ...: Ml Ml R3 CON R2 cl M1 R1 Rl ci ,✓ R1 RI , C2 Nil R1 N - -,b R2 R3 C2 C2 _ C7 R2 R2 _ am R1 Cf RI y R2 Cl 'R2 -:. R2 CON R3 C1 - R2 R3 R2 _ R2 y. eyR3 CI -- R2 _. _. PUB '�.CI .. .::. , PUB PUB R3 AJ C1,, R2 Cl iiaR2' R3 __. .: Cl R2 R2 R2 R2 R3 CON .. _ iU ._ C1 CI 2 r >t3 Ci R2 ,I R2 R2 R2 _. CON . _.. C1,CI C1 , R2 R2 R2 t R2 R3 Ri R2 R2 R24/1 R3 I PUB „r Cl - R2.... R2 - R3 C1 C1 R3. Cj R2 R2 R2 R3 PUB __Pl1B R2 R2 R3:... PUB R2 R2 R2 13 Subject Area C2 _ >— C1 R2 R2 R3 R3 Cl R2 R2 R3 _ R3 C1 RZ R2 R3 C7 _.. R2 R2 R3 _... _ C1 _RZ R2 -i,R3 iR3 cl R3 Legentl Future Land Use/ Zoning --_--- _ Ct co—O'c'al C1 C2 Camnercial Mi Indu"Ma! -*--- - R t Res:deotial R3 ' Rl CI --- R2 Re"denha/ 113 Res:den(:al -iN+ Cauervetron R3 .., .. _. _. PJB PubbU Recreation R2 2,,"olog cal s City of cape Canaveral Stmets Map Map prepared by MILLER L E G G Miller Legg a Associates, Inc. March a, 2OOS City of Cape Canaveral Future .and Use and Zoning Amendments ,A IN D 1 N Cl R I I C1 N INS G1 - TROPIC HOREWobbo BEACH DR. LAKE DI, -BROELESDEL At %AL HOREWOOD DR. UW: NVAKK N. City of Cape Canaveral Comprehensive Plan/Rezoning Cape Caribe Associates, Inc Applicant: Cape Caribe Association, Inc Location: Range: 37E Township: 24S Section: 14 Existing Amendment Acreage: 1.95acres Proposed Zoning Amendment Acreage: 1.95 acres Permitted Hotel Units per acre: 30 du/acres Permitted FAR 1.5:1.0 Current Future Land Use: Residential R-3 Proposed Future land Use: Commercial C-1 Current Zoning: Residential R-3 Proposed Zoning: 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. AlA 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 I 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. AlA 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 ;her, City Manager Susan Solis, City 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 32.6 • 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: 03-18-08 AGENDA Heading Resolution Item g No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-08, SUPPORTING FLORIDA FOREVER AND A SUCCESSOR PROGRAM DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-08, supporting Florida Forever and a successor program. Summary Explanation & Background: The current Florida Forever program will sunset in 2010. This resolution supports the State of Florida legislature for the creation and funding of a successor program. I recommend approval. Exhibits Attached: Resolution No. 2008-08 City Manager's Office Department LEGISLATIVE 141 RESOLUTION NO. 2008-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING FLORIDA FOREVER AND A SUCCESSOR PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Forever program and its predecessor Preservation 2000 program have immeasurably contributed to environmental health, quality of life, recreation, and sustainability in Florida for this and future generations, and; WHEREAS, Florida Forever has acquired over one million acres throughout Florida since 2000 and allocates $300 million annually to purchase environmentally sensitive and other lands, and has done so through numerous successful partnerships with cities, counties, state agencies, water managements districts, nonprofit organizations, private landowners, and others in achieving its conservation purposes; and WHEREAS, Florida Forever, through its partnerships with the Florida Department of Environmental Protections, Water Management Districts, and others, profuces benefits that include clean air and water; healthy fisheries and wildlife habitat; improved water supply protection; and protected open spaces icluding greenway corridors, park lands, forests, and water bodies, and; WHEREAS, Florida Forever, through the Florida Communities Trust, has assisted Florida's cities and counties in protecting their cultural and historical resources, meeting the challenges of growth management, directing development away from coastal high hazard areas and floodplains; fostering a healthier lifestyle for Floridians; and providing recreational outdoor experiences in both urban and rural settings; and WHEREAS, 50 Florida local governments have enacted land acquisition financing programs in the past decades, and this conservation finance programs serve to leverage Florida Forever funding and increase the impact of State land conservation funding; and WHEREAS, Florida is experiencing rapid population growth, with approximately 1,100 new residents every day; and Floridians demand a high quality of life that includes green space, access to water, pastoral settings and recreational opportunities; and WHEREAS, Florida Forever and other land conservation programs must compete in Florida's market of surging land and housing prices; and WHEREAS, the effectiveness of Florida Forever has diminished because of escalating land prices and the impacts of inflation; and City of Cape Canaveral, Florida Resolution No. 2008-08 Page 2 of 2 WHEREAS, the funding for the Florida Forever program will sunset in 2010; and WHEREAS, research by the Florida Forever Coalition has found that over $20 billion is currently needed to purchase parks and recreational facilities, wildlife and wilderness areas, and open space for our state's increasing populations; and WHEREAS, a 2005 public opinion survey conducted by members of the Florida Forever Coalition found that 78 percent of Florida's voters approve of the Florida Forever program; and WHEREAS, the benefits of Florida Forever have included NOW, THEREFORE, BE IT RESOLVED the City of Cape Canaveral City Council declares its support to the State of Florida Legislature for the creation and funding of a successor program to the Florida Forever program and requests its legislative delegation to advocate for the creation and funding of a successor program to Florida Forever. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\2008\2008-08—Florida Forever.doc Rocky Randels, Mayor Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts For Against FLORIDA LEAGUE OF MAYORS, INC. To: Florida Mayors From: John Charles Thomas, Executive Director Date: February 28, 2008 Re: Resolution supporting reauthorization of Florida's Communities Trust At a recent Florida League of Mayors board of directors meeting, the board heard from the Trust for Public Lands about the reauthorization of the current Florida Forever program or a successor program that would support Florida Communities Trust. As you know, many cities use Florida Communities Trust dollars for a variety of city land acquisition initiatives. Funding for the Florida Forever program is set to sunset in 2010. Attached is a resolution in support of continued funding for the Florida Forever program or a successor program that you may consider adopting and sending to your local legislative delegation. If you have any questions, please feel free to contact me. FLORIDA LEAGUE OF MAYORS, INc. • P.O. Box 1757, Tallahassee, FL 32302-1757 • 850.222.9684 0 Fax 850.222.3806 N'ww.flcities.com Meeting Type: Regular Meeting Date 03-18-18 AGENDA REPORT AGENDA Heading Considerations item 9 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AGREEMENT WITH BREVARD COUNTY FOR LIFEGUARD SERVICES DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider approval of an agreement with Brevard County for lifeguard services in the amount of $18,721.00 for 2008. Summary Explanation & Background: The 2008 contract cost did not change from 2007. This agreement will provide (1) lifeguard tower at the beach end of Tyler Avenue, staffed by (2) lifeguards. Brevard County pays for the lifeguard tower at Cherie Down Park. I recommend approval. Exhibits Attached: Agreement; Recreation Director's memo City Manager's Office Department PARKS &CREATION cape-nt\kim\mydocuments\admin\council\meeting\2008\ -08\lifeg E,7- Meff-e5w TO: Mayor & Council Members Front Robert Lefever, Parks & Recreation Director CC: Bennett Boucher, City Manager Data: March 4, 2008 Re: 2008 Life Guard Agreement Mayor & Council Members, I have reviewed the attached 2008 Lifeguard Agreement and would like to make the recommendation that Council approve it. The amount of $18,721.00 is what the Recreation Department budgeted for the 2008 fiscal budget year. This amount stayed consistent with the 2007 Agreement, there was no increase. Services will include a guard tower located on Tyler Avenue, manned with two lifeguards. Weekend and holiday service will begin April 5, 2008 and end on September 1, 2008. Seven day a week service will begin on June 2, 2008 and end on August 17, 2008. All service times will be from 10:00 am to 5:00 pm. Thank you, mvt qav-" Robert Lefever AGREEMENT THIS AGREEMENT, made and entered into this day of , 2008, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01(1) (b), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing April 5, 2008 (10:00 a.m.) and terminating September 1, 2008 (5:00 p.m.). The County hereby agrees to follow USLA (United States Lifesaving Association) guidelines and provide First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing April 5, 2008 (10:00 a.m.), and terminating September 1, 2008 (5:00 p.m.). 2. PAYMENT: For the 2008 services outlined herein, the City shall pay to the County Eighteen Thousand Seven Hundred Twenty One Dollars ($18,721.00). Such payments are payable in five (5) monthly payments of Three Thousand One Hundred Twenty Dollars and Seventeen Cents ($3,120.17) and one (1) payment of Three Thousand One Hundred Twenty Dollars and Fifteen Cents ($3,120.15, due on the last day of each month. The first payment is due on April 30, 2008, and the final payment is due on September 30, 2008. Please remit all payments to: Brevard County Fire Rescue, ATTN: Finance, 1040 So. Florida Ave., Rockledge, FL 32955 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: 1. Tyler Avenue within a portion of the beach 75 yards north and south of one (1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (two (2) lifeguards). C. Year 2008, said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing April 5, 2008 (10:00 a.m.) and ending September 1, 2008 (5:00 p.m.), on the weekdays from 10:00 a.m. until 5:00 p.m. beginning June 2, 2008 at 10:00 a.m., and ending August 17, 2008 at 5:00 p.m. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. 2 After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. 4. LIABILITY AND INSURANCE: A. Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party, or the other party's officers, employees or agents. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. Ke No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. All records or documents created by the City or provided to the City by the County in connection with the activities or services provided by the County under the terms of this agreement, are public records and the City aggress to comply with any request for such public records or documents made in accordance with section 119.07 Florida Statutes. 7. JURISDICTION VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 8. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. 9. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 30 days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of some by the City. 10. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City be delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 11. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non jury. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. WITNESSES: By: BREVARD COUNTY, FLORIDA Peggy Busacca, County Manager Reviewed for legal form and content: 0 61 CITY OF CAPE CANAVERAL, FLORIDA Bennett Boucher, City Manager Meeting Type: Regular Meeting Date: 03-18-08 AGENDA Heading Discussion Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: COMMUNITY DEVELOPMENT DIRECTOR DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council authorize the hiring of a Community Development Director as provided for within the current budget. Summary Explanation & Background: This is a continuation of City Council's discussion about the function and organization of the Community Development Department. Exhibits Attached: St. Petersburg Times Editorial; Community Development Department Presentation City Mana 's Office Department ADMINISTRATION/CITY MANAGER ume drain\coun.,il\meeting\2008\03-18-08\cdd.doc Urban tax plan works; save it A St. Petersburg Times Editorial, 3/10 Cities and counties in Florida have a valuable tool for rebuilding struggling urban neighborhoods. They create so-called "community redevelopment areas" and funnel the taxes generated as the place rebounds back into the community - paying for new roads, street lights, parks and other improvements that continue the cycle of attracting new investment. It is a public-private partnership with a distinguished record in Florida. Cutting it even in healthy times would be self-destructive. Doing so in a down economy is flat reckless. But that's what state Sen. Ronda Storms, R -Brandon, proposes. She filed a bill to limit the life span of these special taxing districts to 15 years. Typically, CRAs exist for 20 to 30 years. It takes that much time to generate the money to rebuild some of Florida's depressed urban areas. The 30 -year span also gives cities the breathing room to survive normal ups and downs in the economy. This financing plan has helped the cities for decades, in smaller places, such as Port St. Lucie, to Tampa, St. Petersburg, Miami and Jacksonville. More than 140 CRAs exist from the Panhandle to South Florida. -Ae They have not only added billions of dollars to the tax rolls and created thousands of jobs, but they have channeled growth into the existing urban core, saving taxpayers the cost of extending roads and services to the ever -sprawling suburbs. The seed money they raise has brought double-digit growth to many communities' taxing base. They are even more valuable now, in a down real estate market, for they are an incentive that can make a difference in a tightened credit environment. Cutting their life span will spook investors by making it harder for banks to make redevelopment profitable. Who would suffer? Cities and taxpayers. Community Development \1pDe artment 3/12/2008 Emerging Issues 1 Introduction . B Id out of the City of Cape Canaveral is at 92. %, there is only 7.7% of vacant land avail ble. • Going forward the City should be focused on redevelopment to improve the quality of life and economy for our City. 3/12/2008 Emerging Issues 2 I Emerging Issues . Implementation of the City's redevelopment plan. . Establishment of a Community Redevelopment Agency. . Comprehensive Plan E.A.R. based amendments. . Code review. 3/12/2008 1 Emerging Issues 3 Implement the Redevelopment plan. . Thi, Business & Cultural Development Board sub itted in March of 2007, a redevelopment plan t at provides for goals, policies and objecti es that have been designed to outline for the ity, the direction and required capacity needed o continuously and effectively achieve positive conomic growth and improved quality of life. 3/12/2008 Emerging Issues 4 N Establishment of a Community Redevelopment Agency. . Recommended as part of the redevelopment plan. . Establish Tax Increment Financing (TIF) to fund redevelopment programs and projects. . Seek redevelopment & economic development grants. 3/12/2008 1 Emerging Issues 5 Comprehensive plan E.A.R. based amendments . Provides for Goals, policies and objectives that guide the City's growth for the next seven years. . Requires coordination with the Local Planning agency (P & Z) and the City Council. 3/12/2008 i Emerging Issues 6 N Review and update codes. Code review of existing chapter 110 Intternational property maintenance code mixed use form ased codes sign c de resort r ntal parking citizen a areness & participation plan • affordabl housing • open spa e • zoning fee • height rest ictions within the Commercial zoning districts. 3/12/2008 1Emerging Issues 3/12/2008 Agenda Item #3 •\\Organizational structure of the ommunity Development D partment. Emerging Issues 8 7 0 ommunity Development Community Development Director Building Official - Morley 3/12/2008 Inspector/ Plans Examiner - Clements Building Inspector - Richart Code Enforcement Officer -Alexander Administrative Assistant - Chapman Secretary - Lombardi Emerging Issues g Sec. 110-88. Duties of building official. (a) The building official, under the supervision of the city anager or department head duly delegated and appolpted by the city manager, shall administer and enforce this chapter. He shall be provided with assistance of such other officers and employees of the city as may be necessary to enforce this chapter. (b)If the b i is being vi responsible violation an shall order di take any othe ensure comp I ■ (Code 1981, § 3/12/2008 (ding official finds that any section of this chapter ted, he shall notify, in writing, the person or such violation, indicating the nature of the ordering the action necessary to correct it. He continuance of illegal work being done or shall action authorized by this chapter or by law to ance with or to prevent violation of this chapter. 45.01; Ord. No. 02-2006, § 2, 3-21-06) Emerging Issues 10 F.S. 468.603 Building Official - defined (1) " uilding code administrator" or "building official" means any of hose employees of municipal or county governments withbui ding construction regulation responsibilities who are chrged ithathe responsibility for direct regulatory administr tion or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodelin demolition, or alteration projects that require permitting i dicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility and other construction codes as required by state law or munic pal or county ordinance. This term is synonymous with "buildin official" as used in the administrative chapter of the Standard uilding Code and the South Florida Building Code. One pe son employed by each municipal or county government a a building code administrator or building official and who is so ertified under this part may be authorized to perform any pl n review or inspection for which certification is required by thi part. 3/12/2008 Emerging Issues 11 Plans examiner - defined • "PI ns examiner" means a person who is q lified to determine that plans submitted for purposes of obtaining build' g and other permits comply with the ap licable building, plumbing, mecha ical, electrical, gas, fire preventi n, energy, accessibility, and other ap licable construction codes. 3/12/2008 1Emerging Issues 12 (5 Community Development 'Director Duties I 3/12/2008 Emerging Issues 13 Processes applications related CdNCURRENCY REVIEW PRE IMINARY & FINAL PLATS SITE LAN REVEIW • SPECI L EXCEPTION REVIEW • VARIANCE REVIEW • VESTED RIGHTS REVIEW • COMPRE ENSIVE PLAN AND ZONING AMENDMENT REVIEW. • APPEALS I I 3/12/2008 Emerging Issues 14 7 Coordinates the processing of applications, flow of information to: . CITY COUNCIL ■ PLANNING &ZONING BOARD . LOCAL PLANNING AGENCY . COMMUNITY APPEARANCE BOARD ■ BOA RU�OFADJUSTMENT ■ BUSINE¢S &CULTURAL DEVLEOPMENT BOARD . CITY DE ARTMENTS 3/12/2008 j Emerging Issues 15 nterpretation and enforcement of t following codes: • CH PTER 86 CONCURRENCY • CHA TER 90 FLOODS • CHAP ER 94 SIGNS- (location and placement) • CHAPT R 98 SUBDIVISIONS • CHAPTE 102 VEGETATION • CHAPTE 106 WATERWAYS / WETLANDS • CHAPTE 110 ZONING CODES • CHAPTER 115 VESTED RIGHTS 3/12/2008 I Emerging Issues 16 8 QUALIFICATIONS ■ owledge of Federal Housing and Community Development Block Grant Pr rams. Kno edge of the Florida Growth Management Act and Administrative Rules. ■ Knowledge of current construction practices including legislation changes affecting local codes. ■ Knowledg� of private sector affordable housing and community development initiatives. \ Knowledge �f Code Enforcement procedures and strategies and building d co es. \ ■ Knowledge of odern management techniques ■ Knowledge of oning laws, comprehensive planning and the planning process. ■ Ability to facilita meetings and guide groups to identify and accomplish goals. ■ Ability to effectiv ly lead and manage the department. ■ Ability to innovat and implement plans and programs. ■ Skill in use of a p rsonal computer and knowledge of GIS applications. ■ Skill in public relat ons 3/12/2008 Emerging Issues 17 EDUCATION AND EXPERIENCE • Gr duation from an accredited college or uni rsity with a Master's Degree in Urban Plan ing or a related field. • Five ( ) years in land use planning • Five (5 years in a supervisory role • Three () years as a municipal department head. i 3/12/2008 Emerging Issues 18 3/12/2008 his is a full time position • Provides onsite customer service. • Better coordination of information. • City ouncil Members, Board Members and staff an be briefed on issues before a public meeti a. • Acces , access, and access. • Timely rocessing of applications, site plans, etc. Emerging Issues 19 -- Lets get moving towards the \ future! m\Authorize the hiring of the Community evelopment Director. • F nding for this position is appropriated W in the existing budget. • Re iew and approve the structure of the Co munity Development Department. 3/12/2008 Emerging Issues 20 10 Meeting Type: Regular Meeting Date: 03-18-08 AGENDA Heading Discussion item 11 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CITIZEN AWARENESS AND PARTICIPATION PLAN DEPT/DIVISION: COMMUNITY DEVELOPMENT Requested Action: City Council to determine whether or not to proceed with the development of a Citizen Awareness and Participation Plan. Summary Explanation & Background: On 02-13-08, the Planning & Zoning Board voted 4 to 1 that the City Council not develop a Citizen Awareness and Participation Plan. See attached 02-25-08 memo; P&Z Minutes from 11-28-07, 12-12-07, 01-23-08 and 02-13-08. Also included is the City Planner's memo of 11-20-07, the City of Longwood Code and Handbook and City of Winter Springs Handbook. Please provide staff direction on this issue. Exhibits Attached: Items noted above City Manager„Office , I Department COMMUNITY DEVELOPMENT nts\admin\council\meeeting\2008\03-18-08\CAPP.doc V Date: To: From: Or City of Cape Canaveral February 25, 2008 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Consideration of a Citizen Awareness and Participation Plan (CAPP) After numerous discussions, by the Planning & Zoning Board, regarding the consideration of a Citizen Awareness and Participation Plan (CAPP), on February 13, 2008, by a (4) to (1) majority vote, the board members recommended that the City not have a Citizen Awareness and Participation Plan. Please schedule this recommendation 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 Planning & Zoning Board Meeting Minutes November 28, 2007 Page 2 3. Discussion Re: Creating an Open Space Provision - Todd Peetz City Planner. ...._........... Mr. Peetz, City Planner, advised that the information contained in the agenda packet explained how other municipalities addressed open space. He noted that open space is currently only required in Residential Planned Unit Developments (RPUD), in City code provided Section 110-438. Discussion was held regarding whether or not the City should prepare a code section to include an open space provision in the Land Development Code. The Board members reviewed the City's code definition of open space as it pertains to RPUD's. During discussion, the Board members noted that green space was not mentioned; and setbacks did not count as open space. Further _.._...___discussion -was -- held --regarding:--the--city's- tree- code._and preservation "of -trees; ---- - open space; green space. Since the City was 90% built -out the Board requested staffs research other municipality's definitions of open space and green space, categories for--preservin'g -ope'n space;--new--developmerits,v'and- redevelopments. Discussion continued regarding the City's need to reduce density and purchase land for parks to add and protect open space and green space. The Board concluded to hold further discussion at the next meeting 4. Review and Recommendation to City Council _Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process - Todd Peetz City Planner. Todd Peetz, City Planner, explained that the purpose of a citizen awareness and participation plan (CAPP) was to ensure that applicants provide early and effective citizen participation, in conjunction with their applications, to provide citizens with an adequate opportunity to learn about proposed projects that may affect them; and to facilitate communication between the applicant, citizens, property owners, and the City. The Board reviewed the City of Winter Springs Citizen Awareness and Participation Plan Handbook. Discussion was held regarding: defining, creating, and establishing criteria for CAPP in an effort to better understand how a CAPP would work, without creating additional cost to the city, or delaying a project; and establishing an effective date to enact a CAPP. Todd Peetz agreed to bring more information to the Board for further discussion at the next meeting. cz` Planning & Zoning Board Meeting Minutes DPCPMhPr 19, 9007 Page 5 Lamar Russell suggested that the order of agenda, items #4 and #5, be switched. Bea McNeely polled the Board members. All the Board members agreed to move the order of the agenda items. 4. Review and Recommendation to City Council Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process - Todd Peetz. City Planner. Todd Peetz, City Planner, advised that residents had made comments during some of the recent City Council and Planning & Zoning Board meetings, regarding the developer of Sheldon Cove not discussing the proposed project with them. He explained that there was no requirement to have community meetings with residents or neighboring property owners with developers. He stated that the creation of the CAPP process would have the developer meet with residents to discuss and resolve community issues, before bringing the project to public hearings. He noted that at the November 28, 2007 Planning & Zoning Board meeting, the Board members expressed interest as to how the CAPP would be implemented. He advised that the Board did not want to add time and cost to the City, or an impediment to a developer. The Board members ' reviewed the City of Winter Springs CAPP Handbook. Discussion followed., Thee Board members questioned if there would be associated costs to the developer, would there be City expenses; how should the City encourage early and effective citizen participation; notification requirements; project delays; and encouraging, not requiring, a formal report from the developer; if the CAPP was already implemented, would the tank farm issues be resolved; should Sheldon Cove have participation with the entire City; should the notification be extended past 500 ft.; should the media be involved; how should the citizens be approached; how much time would be involved with the City staff and the Board; and should the CAPP apply to a single family development? Bill Mays, developer, advised that the City was made up of a lot of renters, not just property owners. Dawn Mays advised that they would like the opportunity to come back to the City with ideas of how to communicate with the public and present viable statistics. Discussion followed. Motion by Bea McNeely, seconded by Donald Dunn, to table this agenda item until Mr. Mays comes back with ideas to implement the CAPP. Discussion followed. Mr. Mays advised that he should have some information by the January 9th, 2008 meeting. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 5 5. Presentation & Discussion Re: Ideas for Citizen Awareness Participation Plan (CAPP) —William Mays, Presenter. Todd Peetz, City Planner, advised that the Board had discussed the mixed use development and this agenda item was a continuation of those discussions regarding location, height, density, intensity, open space, traffic, pedestrian access, type of uses, and appearance. Dawn Mays, Representative for Sheldon Cove, presented a proposed CAPP process, which included a mailer, website, media releases to notify the public, and a recommendation to have a community meeting at the Cape Canaveral library to discuss the project and obtain public feedback. Discussion followed. In conclusion, staff was tasked with formulating a process for when a CAPP would be required, to include a notification process for small projects; and a proposed time schedule. 6. Discussion Re: Mixed Use Development —Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the Board had discussed a mixed use development having a greater height than 45 feet and that they recently heard from a property owner requesting a building height increase. He outlined that the discussion should be in two parts the first, whether height greater than 45 feet in a commercial district should be allowed; and second, where, when and how should that height be determined. Lamar Russell, Vice Chairperson, announced that the Board should have had the opportunity to discuss mixed-use two weeks ago, rather than the meeting being cancelled because there was no new business. Due to the time, Harry Pearson suggested that this agenda item be discussed at the next meeting. Lamar Russell requested that all discussion items be placed on every meeting agenda until the item is pounded flat. He requested that the next meeting agenda include a discussion item regarding the plat/replat ordinance. 7. Discussion Re: Planning & Zoning Board's Priorities for the Year. Due to the time this agenda item was not discussed. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 13, 2008 A Regular Meeting of the Planning & Zoning Board was held on February 13, 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 John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Council Member Assistant City Attorney City Planner Board Secretary 1. Approval of Meeting Minutes: January 23, 2008. A few of the Board members requested a couple of minor changes to the January 23, 2008 minutes. Motion by Mr. Pearson, seconded by Ms. McNeely, to approve the meeting minutes of January 23, 2008, with the noted changes. Vote on the motion carried unanimously. 2. Review Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process — Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the previous discussion held by the Board regarding this agenda item. He noted that at the last meeting, staff was tasked with creating a process for when a CAPP would be required. It was also recommended that the process include some form of notification for the smaller projects. Mr. Peetz briefly reviewed Section 110-28, Due Process; Special Notice Requirements of the Cape Canaveral Code of Ordinances. He read two additional paragraphs he proposed to add to the existing City Code Section that addressed a Citizen Awareness and Participation Plan (CAPP) notification process. Planning & Zoning Board Meeting Minutes February 13, 2008 Page 2 Discussion followed. Ms. McNeely stated that the two paragraphs proposed by Mr. Peetz should be codified and placed in the code. Mr. Dunn voiced his opinion that the notification to residents should extend further than properties within 500 ft., and the notification should be sent by certified mail to everyone in the City. Mr. Russell rebutted to Mr. Dunn's suggestion. He stated that no one would build in the City. Mr. Russell pointed out that notification could be made utilizing the City's web page. He commented that citizens do not need to be spoon-fed. He did not believe that the CAPP was necessary. Councilmember Ms. Roberts advised that Councilmember Petsos recommended the Board look at the City of Longwood's CAPP ordinance. She voiced City Council's concern regarding inadequate notice to the residents and commented that Mr. May's project was a good example for citizen awareness. She advised that the Council was trying to get a sense from the residents, by having them more involved through awareness. She commented that the citizens do not have enough information in the beginning stages of proposed projects. Mr. May's commented that a developer says lets do it in the dark and don't tell anyone. As a citizen, he wants to know when something is being proposed. Mr. Dunn questioned if the CAPP process would delay a project. Mr. Disler, DCWS, Outsource Media & Research Group, advised that he developed a 6X9 notification card. Mrs. Dawn May's distributed a sample mail -out and a web -page layout. She advised that the goal was to create interest from the residents. She did not believe that a 6X9 card was the proper format to discuss a 65' height; media releases and public meetings would be more appropriate. Mr. Russell commented that there was nothing in the City code to stop any one from notifying the public of a proposed project. Dr. Fredrickson stated that the property owner was snowballed and now the Board didn't want the CAPP. Mr. Pearson advised that Mr. Mays offered to do it. Mr. Berger, project contractor, stated that there are so many hoops to go through already. If City Council wants to advise the citizens, then they should do it on a case by case basis. He noted other regulatory agencies that require hoops to go through such as: Department of Community Affairs, Florida Department of Transportation, and St. Johns River Water Management District, etc. Mr. Peetz commented that when Brevard County sees that there is a lot of controversy, they table the request until the developer meets and works out concerns with the residents. Mr. Johanson voiced his opinion that the CAPP would be an encumbrance. Chairperson McNeely asked how the CAPP would be enforced. Assistant City Attorney Latorre responded that what the code or policy said would determine when it applied. She commented that it would be difficult to make someone follow the code and not someone else. She added that certain criteria would need to be established to be enforceable. Planning & Zoning Board Meeting Minutes February 13, 2008 Page 3 Motion by Lamar Russell, seconded by Harry Pearson, to not have a Citizen Awareness and Participation Plan. Motion carried by majority, with Mr. Fredrickson voting against the motion. 3. Discussion Re: Consideration to Increase Building Height in the Commercial Zoning Districts. Chairperson McNeely announced that the discussion would be limited to 30 minutes, because of the lengthy agenda. Mr. Pearson read a statement into the record. (Statement is marked Exhibit A and attached hereto the Minutes). He commented that once the City breaks the 45 ft. high ceiling, the sky is the limit. The only controlling factors would be traffic and such restrictions as setbacks, signs, and visibility. If the City approves Sheldon Cove by giving them the extra height, the City would be hard pressed to turn others down, and this may be only the first of many such buildings in the City. Mr. Russell spoke regarding compatibility. He read the five options discussed at the previous meeting and announced another option, which was to establish criteria for a 65 ft. height by Special Exception, only in the C-1 Zoning District, and only along the Al corridor. He advised that City Council asked the Board to look at the issue and the Board needed to do the best they could, whether the members were in favor or not. Mr. Dunn recommended that the City Council bring the issue to the voters by referendum at the next election. He commented that the City should not consider anything that would take all the available traffic count. Mr. Johanson, suggested that the Board should go back to City Council ask where they wanted the height increase considered. Ms. McNeely illustrated a 45 ft. building, and a 65 ft. building. She advised that the increase to 65 ft. was actually a 44% increase of 45 ft. Mr. Berger, Sheldon Cove's contractor, advised that only one section of Mr. May's building would be 65 ft., most of the design was 45 ft. There plan was to build this project in the C-1 zoning district, not close to residential. Mr. Fredrickson commented that the City Council should decide whether it should go to referendum or not. Mr. Pearson announced that he was prepared to recommend that they don't change the height at all. Mr. Dunn questioned what impact this proposed project would have on the existing traffic count. Mr. Peetz responded that it would have a large impact. Mr. Dunn commented that this proposed project would kill mixed-use for any other future projects. Mrs. Dawn May's, commented that some of the jobs would only be part-time; 1,200 employees was a large number and only an estimate; a traffic study would be provided during the site plan review process. Mr. Fredrickson commented that the Board should come up with a recommendation to allow 65 ft. MILLER�EGG Date: 11/20/2007 To: Bennett Boucher, City Manager, City of Cape Canaveral From: Todd Peetz Re: Citizen Awareness and Participation Plan (CAPP) As requested, attached is a staff analysis and information about the potential Citizen Awareness and Participation Plan (CAPP). Several attachments, including the City of Longwood's CAPP program, is included with this memo as an example. Purpose: The purpose of the CAPP is to ensure applicants provide early and effective citizen participation in conjunction with their applications, to provide citizens with an adequate opportunity to learn about proposed applications that may affect them and to facilitate communication between the applicant, citizens, property owners and the City. Considerations: As noted from the City of Longwood's CAPP ■ A formal staff review meeting on most projects preparing a CAPP is optional. The information gathered from the CAPP program is used by staff to conduct their analysis and comments are sent to the applicant directly within two weeks. ■ Projects in the CAPP program typically abut residential properties. ■ Further consideration should be given as to whether the existing City notification and posting process is sufficient or if additional noticing standards should be added. Comments/Suggestions: ■ Costs associated with implementing the CAPP program should be paid by the applicant/developer. ■ Specific distance requirements for the notification of property owners must be part of the plan and should be based upon the size of the proposed project and the density of the surrounding neighborhoods. A standard distance commonly used may be 500 feet. ■ The applicant/developer is responsible for performing all notification and site posting associated with the CAPP and providing all necessary documentation and copies to the City. Attachments: City of Longwood CAPP Resource Handbook City of Winter Springs Staff memos, Sample CAPP report and Longwood Code language IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. Central Florida Office: 631 S Orlando Avenue • Suite 200 • Winter Park, Florida . 32789-7122 (407) 629-8880 • Fax: (407) 629-7883 www.millerlegg.com t Citizen Awareness Plan 2008 The Citizens Awareness Plan is made of four main elements. Each element builds towards a _ designedpublic mmung and will De o give an overview of the project as well as opportunities shall include tracking and auditing for viewing and inspection. Mailer A mailer should be sent to property owners and business owners within the city limits that will be directly affected by the proposed project. This mailer should include a brief description of the project, renderings of the project, information regarding the upcoming public meeting, and contact information to facilitate feedback from the recipient. The mailer can direct the recipient to a website which provides more information regarding the project. Website A website can be constructed to allow the public access to a more in-depth look at the project and gain feedback. The website could include such items as: the information presented to the City Council and Planning and Zoning Board regarding the project, a Frequently Asked Questions Section, renderings and aerial photography, and a brief history of the project. The website should also contain information regarding an upcoming public meeting. Media Release & Association Notification A media release should be sent to news sources, public information venues, and resident associations within the city limits regarding the project, the website and the upcoming meeting. The project's team should be available for presentations to interested groups as needed and/or requested by the City Council and/or the Planning and Zoning Board. Public Meetin A public meeting should be held to educate the public as to the project as well as to receive feedback. This meeting should be held within the city limits at an accessible location such as the City Hall mccting room or Cape Canaveral Library. At this meeting, a presentation and an opportunity for the public to ask questions regarding the project will be given. Attendees will be requested to register and give feedback to the project. At the conclusion of the plan a summary should be produced and presented to the City Council and/or Planning and Zoning Board. This summary will review the overall participation, feedback and findings of the Citizens Awareness Plan. ADMINISTRATION 10.0.0 Fitment should be eported to the ap cant ties, political jurisdictions, and and the a istrator, but sha ave no public agencies that may be af- effee n the dity of the_§ction on the fected by the proposed develop - application. ment. 10.0.8. Citizen awareness and participation plan. b. Description of how notification will be provided to those inter - A. Applications for the following land use ested in and potentially af- decisions shall include a citizen aware- fected by the proposed develop- ness and participation plan (CAPP): ment. 1. Site development plan review. C. Description of how information 2. Variances involving a nonresidential will be provided to those inter - use. ested and potentially affected 3. Other applications at the discretion of the substance of the change, of the administrator. amendment, or proposed devel- opment for which approval is B. The purpose of the citizen awareness and sought. participation plan is to: d. Description of the means by 1. Ensure that applicants pursue early which an opportunity will be and effective citizen participation in provided to those interested or conjunction with their applications, potentially affected to discuss giving them the opportunity to un- the proposal and express any derstand and mitigate any real or concerns, issues, or problems /�► perceived impacts their application well in advance of the first pub - may have on the neighborhood and lic hearing. community. e. The applicant's schedule for 2. Ensure that the citizens and prop- completion of the citizen aware- erty owners of Longwood have an ness and participation plan. adequate opportunity to learn about f. The means by which the apph- applications that may affect them cant will keep city officials in - and to work with applicants to re- formed on the status of citizen solve concerns at an early state of participation efforts. the process. 6. The level of citizen interest and area 3. Facilitate ongoing communication be- of involvement will vary depending tween the applicant, interested citi- on the nature of the application and zens and property owners, city staff: the location of the proposed develop - and elected officials throughout the ment. The applicant will determine application review process. the target area for early notification 4. The citizen awareness and participa- after consultation with the planning tion plan is not intended to produce division staff. At a minimum, the complete consensus on all applica- target area shall include the follow - tions. but to encourage applicants to ing: be good neighbors and to allow for a. Property owners within the pub - informed decision-making. lic hearing notice area as re- s. At a minimum the citizen awareness quired by other sections of this and participation plan shall include development code. the following information: b. The head or chair of any AV'. a. Identification of the residents, homeowners association or reg - property owners, interested par- istered neighborhood group LDC:129 0 e,-6 V,- 0 0 0 10.0.0 LONGWOOD DEVELOPMENT CODE �1 within the public notice area ceived notices, newsletters, required by other sections of or other written materi- this development code. als• C. Other interested parties who iv. The number and names of people that participated in have requested to be placed on the process. an interested parties notifica- tion list maintained by the plan- b. A summary of concerns, issues, ning division. and problems expressed during the process, including: 7. These requirements apply in addi- i. The substance of the con - tion to any other notice provisions terns, issues, and prob- required elsewhere in this develop- lems. ment code. ii. The manner in which the 8. The applicant may submit a citizen applicant has addressed or awareness and participation plan and intends to address these begin implementation prior to for- concerns, issues, and prob- mal application at the applicant's lems. discretion. This shall not occur until iii. The concerns, issues, and after the required preapplication con- problems the applicant is ference and consultation with the unwilling or unable to ad - planning division. dress and why. 9. Where a citizen awareness and par- 10.1.0 Construction permits. ticipation plan is required by this code, the applicant shall provide a I0.1. Generally. No development acti ty, as written report on the results of the defined h rein, may be undertaken ss the citizen participation efforts prior to activity is thorized by a construction ermit. the notice of public hearing. This 10.1.2. Pre quisites to issuance of nstruction report will be attached to the public permit. hearing report. The report shall, at a A. Except a provided in se ion 10.1.3 be - minimum, contain the following in- low, a con truction per it may not be formation: issued unle the prop ed development a. Details of techniques used to activity: involve interested and poten- 1. Is autho ed an approved site tially affected parties, includ- developme an pursuant to sec - mg: tion 10.2.0 o this article; and i. Dates and locations of all 2. Conforms o applicable codes as meetings where citizens adopted refe nce in article 1. were invited to discuss the applicant's proposal. B. In accordant with City ode Section 5.167 ii. Content, dates mailed, and Appearanc Requiremen for single-fam- numbers of mailings, in- ily resid tial structur in deed re- cluding letters, meeting no- stricted bdivision. tices, newsletters, and 10.1.3. Exc tions to requirement of an ap- other publications. proved site uelopment plan. For the following iii. Location of residents, prop- development activities. the applicant s�All not be erty owners and other in- required to tain site development plan approval .� terested parties who re- pursuant section 10.2.0 of this article. Unless LDC:130 0 REACH OUT LONGWOOD CITIZEN AWARENESS AND PARTICIPATION PLAN GUIDELINE • - • :Dsi 4ps Fil z I I' • • E CITIZEN AWARENESS AND PARTICIPATION PLAN GUIDELINE • - • :Dsi 4ps Fil z I I' • • City of Longwood Citizen Awareness and Participation Plan Resource Handbook Table of Contents Introduction.............................................................................................................2 The Citizen Participation Process.........................................................................3 Step One: Developing a Citizen Participation Plan.................................4 Step Two: Implementing Your Plan...........................................................6 Step Three: Reporting On What Happened.............................................8 Citizen Participation Checklists...........................................................................10 StepOne: Plan Development.....................................................................11 StepTwo: Implementation....................................................................... 12 StepThree: Final Report........................................................................... 13 Neighborhood Meeting Rooms........................................................................... 14 LocalMedia List................................................................................................ 14 What to Consider When Sending a Neighborhood Letter...............................15 Sample Neighborhood Meeting Letter ................................................... 16 TipsFor an Effective Presentation.................................................................... 17 Audio -Visual Aids........................................................................................18 Tips For Handling Difficult Questions/Situations/ Confrontation..............................................................................................19 Conclusion......................................................................................................... 20 Appendix: Citizens Awareness & Participation Plan From Longwood Development Code..................................................................... 21-24 _I Introduction Longwood residents and property owners are becoming more interested in development issues and more insistent on being involved in the decisions that affect them. In an effort to meet the needs of this more interested community, the City has developed a new and innovative Reach Out Longwood Program entitled Citizen Awareness and Participation Plan to ensure early and effective citizen participation in conjunction with proposed development applications. Longwood's Land Development Code now requires project applicants to create and implement a citizen participation plan prior to gaining Planning Division approval of the application and before any public hearing is scheduled. The purpose of the Citizen Awareness and Participation Plan is to ensure that both developers and citizens have adequate opportunities early in the planning process to discuss, understand and try to resolve neighborhood issues related to the perceived impacts of a proposed project. It does not guarantee success, but is instead a tool to help guide you dlrough. This handbook is designed to assist you in implementing your Citizen Awareness Participation Plan as required by the City's Land Development Code. L The Citizen Participation Process Longwood is experiencing a significant reemergence of civic responsibility=, citizen participation and neighborhood spirit. The Longwood City Commission is committed to ensuring that this community= -based energy= and interest is captured and used productively in municipal decision-making, particularly as it relates to land use and development issues. The City's Citizen Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early, in the planning process and its relationship to completing a successful development project in Longwood. The Citizen Awareness and Participation Plan is designed to: • Encourage early participation in the public review process. • Open a dialogue between the applicant and affected neighbor- hoods. • Improve communication between the development community, citizens and Longwood Citi= government. Three Easy Steps To Success The citizen participation process consists of three steps. 1. Prepare a Citizen Participation Plan — This will be a written plan that �y-ill describe how you intend to notify interested parties of your proposed project and hoc those people «will have an opportunity- to comment on your project. The plan «will be reviewed by your City Planning Di-6sion. City- staff can help -,ti7d1 much of the information that needs to be provided in the plan, particularly in identifying issues that are likely to arise schen you go out to residents and property owners. 2. Implement the Plan — This is where you actually go out to the public and do what the plan outlines. This handbook has information on where and how to hold meetings, how to deal with conflicts, and successful ways to approach the task of citizen participation. W D . Report What Happened - This written report «ill be reviewed and approved by City staff and wii l be given to the decision-making bodies for their use during the formal public hearing process. It is a summary- of what was done, the issues and concerns raised during the process, and what you have done or will do to address those issues. Step One: Developing A Citizen Participation Plan The product will be a written plan that you will submit to die Planning Division. City staff will review your draft plan, make comments and review your revisions, just as for any other portion of your application. The staff can be used as a resource in preparing your plan. Before you write your plan, you need to think about the following: 1. Who might be impacted by your project? Who are the residents, property- owners, businesses and others who might be interested in your project? Who will be directly affected? Who will be indirectly- affected? Who Null not be affected but think they will? Who may want to get involved even though they realize they won't be affected? Differentiate between groups based on impact. For example, most residents of a neighborhood have different concerns depending on what part of the neighborhood they're in. A resident living immediately next to your proposed project's site may have very different concerns — and more strongly held concerns — than the rest of their neighborhood. A resident living on a busy collector street in the neighborhood may have much more concern about the traffic impacts of your project than someone living on a cul-de-sac. Treating the entire neighborhood as if they have uniform concerns may cause you to miss or gloss over important issues. IE 2. What are the concerns, problems and issues related to your project, as seen through the eyes of these people? Put yourself in the place of these people. How «ill they see your project? Will they view it as an enhancement to the neighborhood, or will they be concerned that your project will create traffic that may adversely affect them:' Will they be concerned about the hours you plan to be open or the quality of housing you intend to builds Try to predict what you will hear during the participation process so you can be better prepared to respond. We've found that applicants that do a good job of thinking this through are better prepared to discuss thorny issues with citizens. 3. How will you notify interested parties, and how will they be able to comment on your project? There are a number of citizen participation and notification techniques which can be used in implementing your plan. Neighborhood meetings and letters are the most common, but there may, be odzer methods of communication and interaction you might want to use. _applicants have had success with open houses, tours of other projects, informational flyers, and news releases. V/hat will connect you «zth the people who need to know about your project? How can you best inform them of what you want to do? The written plan you submit to the Planning Division must include the following information: • Identification of which residents, property- owners, interested parties, political jurisdictions and public agencies may be affected by your project. • How you will notify these people and agencies that you're making an application. • How you will inform these people and agencies of the details of your project. • How you «ill give the affected and interested people an opportunity- to discuss your proposal -'with you and let you know of any concerns, issues -5 or problems they may hare. • Your schedule for completing your citizen participation process. • How you «-ill keep the Planning Division informed as to «-hat's going on. Step Two: Implementing Your Plan 1. Getting the word out. This may 'evolve many different techniques, but diey all fall into two basic categories; written communications and face-to-face discussion. Written information is always a part of the participation process. `Y71zether it's a meeting notice or general information about your project, it's critical that you give people background about your project, including a description of the project, what process j-ou're going through and what decisions related to the project have already been reached. Don't assume that people know your property had been designated for a shopping center for years. You need to tell them. No meeting should be held without some written background information having gone out beforehand. To ensure that meeting notices are effective in getting people to your meetings, you need to consider not just what you want to tell people in -our notice, but what form it should take. W1hat techniques can make die communication more effective? How can you help ensure people «ill read your mail? Consider other ways of getting the word out, like door hangers, homeowner association meetings or newsletters, local newspapers, etc. It's important that all meeting notices get to people early enough so they can make plans to attend your meetings. Notices of meetings should reach invitees 10 to 14 days before the meeting. Later than that doesn't give people adequate time. Sooner than that, people tend to forget. When you schedule your meetings, look for other events or acti-6ties that might conflict. Is it a holiday or the day before a holiday- when a lot W of people are out of town? Is there a big local or neighborhood function that day? 2. Listening to issues, concerns, and problems. The process of listening to the questions, concerns and problems you hear from the public is critical to successful citizen participation and a successful project. Your role in any contact with neighborhoods is not to try and convince people your project is wonderful, but to identify questions and concerns the public has about your project so you can address them. \Much of this listening is done through group meetings, so how they are conducted can be critical to your success. You must convey to the people attending that while you may not be able to do everything every- one wants, you are listening; and the process you are using is fair and open. If someone is going to go to the time, expense and trouble to attend meetings, find baby-sitters, rearrange their schedules, and all the other inconveniences associated tv-id-i public participation, they need to believe there will be a return to them in having a quality- development that doesn't harm their way= of life. If people see your decision-making process as fair, they will be much more «filling to accept your proposal than if they think a project is being forced on them. TMake sure whoever you have on your team dealing INtIld1 the public understands the importance of listening and being non -confrontational. This kill help set the tone for the entire meeting. 3. Resolving issues, concerns and problems. What are you going to do about what you hear from the public? The problem solving process may, involve many meetings, contacts Nvith individuals, and time to gather additional information. You may need to revise your plans and bring them back to the public for further review. Don't feel you have to solve everyone's concerns at one meeting. If they, are confident you're working with diem to find solutions, people will be glad to put in time and effort to work toward those solutions. Try to deal with people as directly- as possible. Face-to-face communication and the telephone are much better than communicating -17 fl-irough letters. Use letters as a follow-up and to formalize an agreement already reached. A large group is liable to have a wide variety of issues and concerns. Sometimes working «-ith smaller groups, organized by the issue they are particularly interested in, can be very, effective in helping to reach solutions. While breaking a large group into smaller ones can be vers- effective, sometimes it can alsogive the impression that you're trying to "divide and conquer" the opposition. Remember the goal is to effectively- work toward solutions. You want to work toward a solution «7th which all the affected public can agree. Sometimes, however, this may not be possible. If you reach an impasse, recognize it, be clear about it, and move on to other issues. Resolving other concerns can make the initial disagreements go away or make people more amenable to compromise. If you have an interest group making completely unreasonable demands on you, be clear about why you dhink they are unreasonable. In the end, the public and the decision makers are able to tell which concerns are legitimate and which aren't. Once again, if you can't solve every, problem to everyone's satisfaction, you must at least show you have considered and addressed all issues and dealt with them fairly and honestly. Step Three: Reporting On What Happened When you have completed your participation process, you will need to compile a written report that will summarize what has taken place and tell what you've done to address concerns that arose. City staff will review your draft report to insure that it is comprehensive and accurately reflects the process. 1. What techniques did you use to notify and involve the public regarding your application? Make a chronological list of all the meetings, mailings, telephone conferences, open houses, newsletters, etc. that you employed in your participation process. Include the number of people contacted and the M number that attended meetings. Include copies of written materials and publications, letters, mailing lists, and sign -in sheets. Indicate on a map where people receiving notices were located, generally. 2. What concerns, issues and problems did you hear during the process? Write a summary of what you heard at each meeting or during other contact with the public as you carried out your plan. Be as comprehensive as you can. Just because an issue was dealt %N -11th early on doesn't mean it won't be important during the public hearing process. 3. How have you (or will you) address the concerns, issues and problems raised? This is a critical part of the report for you, because this is where you can best describe the reasonableness of your project issue -by -issue. Address each of the concerns you listed in number 2 above, however minor or easily resolved. Write a description of what you've done about each concern. If it's an issue you feel was not legitimate, don't ignore it; this is your opportunity to explain why it's unreasonable. Be as factual and straightforward as you can. Include details, references to plans you've submitted, etc. 4. If there are concerns, issues and problems you aren't able to address, tell us why. We realize there may be items raised in meetings that you won't be able to resolve to everyone's satisfaction. You may, not be able to do them and keep your project viable. They may be issues that are the responsibility of the City or another property owner to resolve. You may just not feel that the concern is legitimate and doesn't require your attention. List these issues and the reason(s) you won't be able to resolve them. _9 Citizen Participation Checklists 7G Citizen Participation Plan Checklist Step One — Plan Development Project Impacts ❑ I have identified the residents, property- owners, businesses and others who might be interested in my, project. ❑ I have identified those who dill be directly affected. ❑ I have identified those who will be indirectly affected. ❑ I have identified those who Mill not be affected, but who think they, «ill. ❑ I have identified everyone who may want to get involved, even though they realize they -, on't be affected. Project Concerns, Problems, Issues ❑ I have thought about my project from the perspective of the people listed above. ❑ I have identified some of the concerns or problems they, may have. Notification ❑ I have decided «hich public notification techniques are most appropriate for this project. 11 Citizen Participation Plan Checklist Step Two — Implementation Getting The Word Out I have considered different techniques for getting the word out to interested parties about my project. El I have developed a timeline for notification that provides people ample opportunity to plan to attend meetings. I have looked at a calendar of events in the area to ensure that there are no conflicts with my meeting date. Listening to Issues, Concerns and Problems El I have identified potential questions and concerns that the public might have regarding my project. The process I am using vvill be open and fair. Resolving Issues, Concerns and Problems I have a plan to show that I have considered all of the issues and have dealt «zth them fairly. 12 Citizen Participation Plan Checklist Step Three — Final Report Details of Techniques Used ❑ I have included dates and locations of all meetings -, here citizens were invited to discuss my proposal. ❑ I have included content, dates mailed, and number of mailings, including letters, meeting notices, newsletters and other publications. ❑ I have included where residents, property owners, and interested parties receiving notices, newsletters or other written materials are located. ❑ I have included the number of people that participated in the process. Summar, of Concerns, Issues and Problems Expressed During the Process: ❑ I have included the substance of concerns, issues and problems. ❑ I have included information on how I have addressed or intend to address concerns, issues and problems expressed during the process. ❑ I have included concerns, issues and problems I am unwilling or unable to address and why. 1.3 Neighborhood Meeting Rooms If you plan to hold a neighborhood meeting as part of your Citizen Awareness Participation Plan, the City of Longwood has a Community, Building with meeting rooms which can be reserved ahead of time. To reserve a meeting room or to get information about other possible meeting locations, please call the City of Longwood Recreational Programs Coordinator at 407- 260-3447. Schools often serve as a good location for a neighborhood meeting. You may call the individual school site of your choice, directly-, for information about meeting room availability. Also, certain homeowner associations mai- have a meeting room that could be used to hold a neighborhood meeting. Using the Local Media for Citizen Notification The Citi- of Longwood encourages using the local media to announce meetings and other news related to development projects. Nlany Longwood residents obtain news about the City and related activities by reading one of several publications which now serve the City. Below, is a listing of local media, addresses, phone numbers and FAX numbers should you decide to use the media to assist you in implementing your Citizen Awareness Participation Plan. Channel 2 - VT -SH TV 1021 North Wymore Road Winter Park, Florida 32789 Phone: 407-645-2222 Fax: 407-539-7948 Channel 6 - W -131G 4466 N. John Young Parkway Orlando, Florida 32804 Phone: 407-291-6000 Fax: 407-321-1204 Channel 9 - NTFTV - SBC 490 East South Street Orlando, Florida 32801 Phone: 407-841-9000 Fax: 407-481-2891 Channel 13 64 East Concord Street Orlando, Florida 32801 Phone: 407-313-1313 Fax: 407-313-1399 Orlando Sentinel 341 N. Palmetto Avenue, Suite 103 Sanford, Florida 32771 Phone: 407-322-3513 Fax: 407-321-7435 Seminole Herald 300 N. French venue Sanford, Florida 32771 Phone: 407-322-2611 Fax: 407-323-9408 W What To Consider When Drafting A Neighborhood Letter: Seeking Input And Involvement 1. Purpose Is the purpose of your letter to invite residents to a meeting? To provide an explanation of your projects To state «-hat you would like to see from the neighborhood? 2. Background Why you are writing to this neighborhood? Provide a description of the proposed use of your property. What's happened up to this point regarding your project? 3. Your intentions What you hope to do with your project? Describe some of the details that you think `rill mitigate neighborhood concerns (i.e., landscaping, sound barriers, improved street circulation, etc.). 4. Encouragement to letter recipient to participate Conclude letter with a positive statement about hearing from the neighborhood, meeting with d1em, value of their input, etc. 5. Include your name and telephone number. (On the next page is a sample letter you may want to use) M SAMPLE NEIGHBORHOOD MEETING NOTIFICATION LETTER COMPANY LETTERHEAD DATE Dear Property Owner: YOUR COMPANY NAME would like to invite you to attend a neighborhood meeting to discuss BRIEF DESCRIPTION OF YOUR PROTECT. The meeting \v ll be held at the following place and time: NAME OF FACILITY ADDRESS DATE AND TIME IN THE FOLLOWING PARAGRAPH, PLEASE USE THESE MAIN POINTS: STATE WHAT YOUR COMPANY HAS SUBMITTED TO THE CITY OF LONGWOOD BRIEF DESCRIPTION OF THE DESIGN OF THE PROJECT INDICATE HOW THE PROJECT COULD POSSIBLY IMPACT THE SURROUNDING NEIGHBORHOODS I (or your company) would like to address any, comments and concerns you may have regarding this proposal. Representatives from the City of Longwood have also been invited to attend this meeting. Please call me (or your company) at before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerer-, YOUR NANIE TITLE cc: 16 Tips For An Effective Presentation Eight Steps to Preparing a Presentation 1. Develop Objectives Why are you doing this presentations What results do you wants 2. Consider the Audience Who will be in attendances Why do you think they are coming? What are their interests, concernsr 3. Introduction Capture the audience's attention and give them time to tune in on you and other speakers. Set the tone for what is to come. This part of the presentation can establish credibility. 4. State Your Main Ideas and Supporting Ideas Go from the general ideas to die more specific ideas. 5. State the Benefits Tell your audience the benefits of your objectives, particularly- if your presentation is intended to be persuasive. 6. Gather Facts -,take sure you put together evidence to support your main ideas. Anecdotes, statistics and quotes can be useful. 7. Develop Visuals, Handouts, Notes These materials should complement your presentation and not serve as a distraction. Handouts should be made available following a presentation unless you want the audience to look at them while you are explaining the information. 8. Practice This is critically important for a successful presentation. If you are planning to use equipment, test it before the presentation. Make sure the room is arranged the way you want it. 17 Audio -Visual Aids The use of audio-N-isual aids in a presentation can be very- effective - if the presenter is comfortable «ith the equipment and/or the ty=pes of ,%-isual aids he or she is using. Research has shown that only seven percent of an audience's interpretation of our messages comes from words; 38 percent comes from voice and vocal inflections, and 55 percent comes from what -, e see. Audio -Visual aids should be used to support and to enhance the spoken message and should not be the entire presentation. Examples of aids which can be used to make a point or illustrate an idea: • Models (concrete objects). • Graphics (maps, photographs, drawings). • Charts, tables, graphs. • Display- boards/flip charts. • Optical de-ices such as overheads, computer projection, slide projectors, video recorders. Keep it simple: • Only put your main points on audiovisuals. • One topic or no more than fire lines per v=isual. • Be consistent with die type of format you are using (i.e., vertical/horizontal, chart design, etc.). Consider your audience and the room in which the presentation «ill be made. This Mill help determine the type of aids which vv -ill be most effective, their size, etc. 145 Tips For Handling Difficult Questions/ Situations/ Confrontation Be aware that in your audience there will probably- be people who support your ideas, project, philosophy - and those who don't. There will also be people who have not formed an opinion yet. Your goal in making the presentation should be to get people who haven't made up their minds yet to "like" you, thereby- resulting in support for your ideas. This means corking hard to establish credibility- and handling your adversaries without being defensive or argumentative. Arch Lustberg, author of the book "I ifzitina IVhen It Real� counts, is an expert on effective communications. In dealing with confrontation he suggests pausing, making eye contact and «ginning over your adversaries aid -1 reason, courtesy= and valuable new facts. His book details the following suggestions regarding confrontation: 1. Pause. Think before you speak. 2. Stay calm and reasonable. J. Don't get angry and keep control of your temper. 4. Refuse to take any attack personally. 5. Be positive. 6. Give information rather than denials. 7. Be explanatory. Don't succumb to the temptation to argue. 8. Take lots of time and don't run off at the mouth, argue, yell or scream. 9. Be the voice of reason. 10. Be the good guy, Mr. or T1s. bice. 11. Always assume your audience is smarter than you when it comes to neighborhood issues. 79 Conclusion The Reach Out Longwood Program is a positive step forward in encouraging early and effective citizen participation. We hope that this handbook, along with our assistance, will prove to be useful in creating your Citizen Awareness And Participation Plan. The City of Longwood staff is always available to help you through the process. Please feel free to contact the Planning Division at 407-260-3462 should you have any questions or need additional assistance. In addition, please let us know if you have any comments or suggestions regarding our process. We look forward to working «71th you! 2C City of Longwood Citizen Awareness and Participation Plan CITIZEN AWARENESS AND PARTICIPATION PLAN: A. At the discretion of the City _administrator, applications for the following land use decisions shall include a citizens awareness and participation plan (CAPP): 1. Site development plan review. 2. Variances involving a non-residential use. 3. Other land use or development applications. B. The purpose of the CAPP is to: 1. Ensure that applicants pursue early- and effective citizen participation in conjunction With their applications, giving them the opportunity, to understand and mitigate any real or perceived impacts their application may have on the community. 2. Ensure that the citizens and property- owners of Longwood have an adequate oppoi-tunity= to learn about applications that may affect them and to work with applicants to resolve concerns at an early= state of the process. 3. Facilitate ongoing communication between the applicant, Interested citizens and property- owners, City- staff, and elected officials throughout the application review process. 4. The CAPP is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision- making. 21 5. At a minimum the CAPP shall include the following information: a. Identification of the residents, property- owners, interested parties, political jurisdictions, and public agencies may be affected by the proposed development. b. Description of how notification -will be provided to those interested in and potentially affected by dze proposed development. C. Description of how information will be provided to those interested and potentially, affected of the substance of the change, amendment, or proposed development for which approval is sought. d. Description of the means by which an opportunity N-611 be provided to those interested or potentially affected to discuss the proposal and express any concerns, issues, or problems well in adz- ance of the first public hearing. e. The applicants schedule for completion of the CAPP. f. The means by which the applicant gill keep City- officials informed on die status of citizen participation efforts. 6. The level of citizen interest and area of involvement will vary- depending on the nature of the application and the location of the proposed development. The target area for earls- notification will be determined by the applicant after consultation with the Planning Division staff. At a minimum, the target area shall include die following: a. Property owners within the public hearing notice area as required by other sections of this Code. b. The head or chair of any homeowners association or registered neighborhood group within the public notice area required by other sections of this Code. 22 C. Other interested parties who have requested to be placed on an interested parties notification list maintained by the Planning Dl-,71Slon. 7. These requirements apply in addition to any other notice provisions required elsewhere in this Code. 8. The applicant mai- submit a CAPP and begin implementation prior to formal application at the applicant's discretion. This shall not occur until after the required pre -application conference and consultation with the Planning Division. 9. `There a C APP is required by this Code, the applicant shall protide a written report on the results of die citizen participation efforts prior to the notice of public hearing. This report will be attached to the public hearing report. The report shall, at a minimum, contain the following information. a. Details of teclhniques used to involve interested and potentially- affected parties, including: i. Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal. ii. Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters, and other publications. iii. Location of residents, property owners, and interested parties who received notices, newsletters, or other written materials. iv. The number and names of people that participated in the process. b. A summary- of concerns, issues and problems expressed during the process, including: i. The substance of the concerns, issues and problems. 2.3 ii. The manner in which the applicant has addressed or intends to address these concerns, issues and problems. The concerns, issues and problems the applicant is unwilling or unable to address and why. 24 CITY OF WINTER SPRINGS Citizen Awareness Participation Plan Resource Handbook City of Winter Springs Citizen Awareness and Participation Plan Resource Handbook Table of Contents Introduction------------------------------------------------------------------- 2 The Citizen Participation Process------------------------------------------ 3 Step One: Developing and Citizen Participation Plan---------- 4 Step Two: Implementing Your Plan----_________________________ 5 Step Three: Reporting on What Happened-------------------- 7 Citizen Participation Plan Checklists Step One: Plan Development ----- — ---- _----------- ____-- g Step Two: Implementation----------------------------------------- 10 Step Three: Final Report------------------------------------------- 11 What to Consider When Drafting a Neighborhood Letter--------------- 12 Sample Neighborhood Meeting Notification Letter----------------- 13 Tips for an Effective Presentation----------------------------------------- 14 Tips for Handling Difficult Questions, Situations, Confrontation---- 15 Conclusion------------------------------------------------------------------------ 16 INTRODUCTION Winter Springs residents and property owners are becoming increasingly interested in development issues and more insistent on being involved in the decisions that affect them. In an effort to meet the needs of this interested community, the City has developed a program entitled Citizen Awareness and Participation Plan (CAPP) to ensure early and effective citizen participation in conjunction with proposed development applications. Winter Springs' Land Development code now requires project applicants to create and implement a citizen participation plan prior to gaining Planning Division approval of the application and before any public hearing is scheduled The purpose of the Citizen Awareness and Participation Plan is to ensure that both developers and citizens have adequate opportunities early in the planning process to discuss, develop an understanding of, and try to resolve neighborhood issues related to the perceived or real impacts of a proposed project. The Plan does not guarantee success, but is instead a tool to help guide you during implementation of the CAPP program for your project. This handbook is designed to assist you in implementing your Citizen Awareness Participation Plan as required by the City's Land Development Code. The Citizen Participation Process Winter Springs is experiencing a significant reemergence of civic responsibility, citizen participation and neighborhood spirit. The Winter Springs City Commission is committed to ensuring that this renewed interest is captured and used productively in municipal decision-making, particularly as it relates to land use and development issues. The City's Citizen Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early in the planning process and the relationship of that participation to completing a successful development project in Winter Springs. The Citizen Awareness and Participation Plan is designed to: • Encourage early participation in the public review process. • Open a dialogue between the applicant and affected neighborhoods/property owners. • Improve communication between the development community, citizens and Winter Springs City government. Three Easy Steps to Success The citizen participation process consists of three steps. Prepare a Citizen Participation Plan — This will be a written plan what will describe how you intend to notify interested parties of your proposed project and how those people will have an opportunity to comment on your project. The plan will be reviewed by the City Planning Division. City staff can help with much of the information that needs to be provided in the plan, particularly in identifying issues that are likely to arise when you go out to residents and property owners. 2. Implement the Plan — This is where you go out to the public and do what the plan outlines. This handbook has information on where and how to hold meetings, how to deal with conflicts, and successful ways to approach the task of citizen participation. 3. Report What Happened — This written report will be reviewed and approved by City staff and will be given to the decision-making bodies for their use during the formal public hearing process. It is a summary of what was done, the issues and concerns raised during the process, and what you have done or will do to address those issues. Step One: Developing a Citizen Participation Plan The product will be a written plan that you will submit to the Planning Division. City staff will review your draft plan, make comments and review your revisions, just as for any other portion of your application. The staff can be used as a resource for certain information as you prepare your plan. Before you write your plan, you need to think about the following: 1. Who might be impacted by your project? Who are the residents, property owners, businesses and others who might be interested in your project? Who will be directly affected? Who will be indirectly affected? Who will not be affected but think they will? Who may want to get involved even though they realize they won't be affected? Differentiate between groups based on impact. For example, most residents of a neighborhood have different concerns depending on what part of the neighborhood they're in. A resident living immediately next to your proposed project's site may have different concerns — and more strongly held concerns — than the rest of their neighborhood. A resident living on a busy collector street in the neighborhood may have much more concern about the traffic impacts of your project than someone living on a cul-de-sac. Treating the entire neighborhood as if they have uniform concerns may cause you to miss or gloss over important issues. 2. What are the concerns, problems and issues related to your project, as seen through the eyes of these people? Put yourself in the place of these people. How will they see your project? Will they view it as an enhancement to the neighborhood, or will they be concerned that your project will create traffic that may adversely affect them? Will they be concerned about the hours you plan to be open or the quality of housing you intend to build? Try to predict what you will hear during the participation process so you can be better prepared to respond. City Staff has found that applicants that do a good job of thin king this through are better prepared to discuss thorny issues with citizens. 3. How will you notify interested parties, and how will they be able to comment on your project? There are a number of citizen participation and notification techniques which can be used in implementing your plan. Neighborhood meetings and letters are the most common, but there may be other methods of communication and interaction you might want to use. Applicants have had success with open houses, tours of other projects, informational flyers, and news releases. What will connect you with the people who need to know about your project? How can you best inform them of what you want to do? The written plan you submit to the Planning Division must include the following information: • Identification of which residents, property owners, interested parties, political jurisdictions and public agencies may be affected by your project. • How you will notify these people and agencies that you're making an application for development? • How you will inform these people and agencies of the details of your project? • How you will give the affected and interested people an opportunity to discuss your proposal with you and let you know of any concerns, issues or problems they may have? • Your schedule for completing your citizen participation process. • How you will keep the Planning Division informed as to the progress of the implementation of your plan? Step Two: Implementing Your Plan 1. Getting the word out. This may involve different techniques, but they all fall into two basic categories; written communications and face-to-face discussion. Written information is always a part of the participation process. Whether it's a meeting notice or general information about your project, it's critical that you give people background about your project, including a description of the project, what process you're going through and what decisions related to the project have already been reached. Don't assume that people know your property has been designated for a shopping center for years. You need to tell them. No meeting should be held without some written background information having gone out beforehand. To ensure that meeting notices are affective in getting people to your meetings, you need to consider not just what you want to tell people in your notice, but what form it should take. What techniques can make the communication more effective? How can you help ensure people will read your mail? Consider other ways of getting the word out, like door hangers, homeowner association meetings or newsletters, local newspapers, etc. It's important that all meeting notices get to people early enough so they can make plans to attend your meeting. Notices of meeting should reach invitees 10-14 days before the meeting. Later than that doesn't give people adequate time. Sooner that that and people tend to forget. When you schedule your meetings, look for other events or activities that might conflict. Is it a holiday or the day before a holiday when a lot of people are out of town? Is there a big local or neighborhood function that day? 2. Listening to issues, concerns, and problems. The process of listening to the questions, concerns and problems you hear from the public is critical to successful citizen participation and a successful project. Your role in any contact with neighborhoods is not to try and convince people your project is wonderful, but to identify questions and concerns the public has about your project so you can address them. Much of this listening is done through group meetings, so how they are conducted can be critical to your success. You must convey to the people attending that while you may not be able to do everything everyone wants, you are listening; and the process you are using is fair and open. If someone is going to go to the time,. expense and trouble to attend meetings, find baby- sitters, rearrange their schedules and all the other inconveniences associated with public participation, they need to believe there will be a return to them in having a quality development that doesn't harm their way of life. If people see your decision-making process as fair, they will be much more willing to accept your proposal than if they think a project is being forced on them. Make sure whoever you have on your team dealing with the public understands the importance of listening and being non -confrontational. This will help set the tone for the entire meeting. 3. Resolving issues, concerns and problems. What are you going to do about what you hear from the public? The problem solving process may involve many meetings, contacts with individuals, and time to gather additional information. You may need to revise your plans and bring them back to the public for further review. Don't feel you have to solve everyone's concerns at one meeting. If they are confident you're working with them to find solutions, people will be glad too put in the time and effort to work toward those solutions. Try to deal with people as directly as possible. Face-to-face communication and the telephone are much better than communicating through letters. Use letters as a follow-up and to formalize an agreement already reached. A large group will probably have a wide variety of issues and concerns. Sometimes working with smaller groups, organized by the issue they are particularly interested in, can be very effective in helping to reach solutions. While breaking a large group into smaller ones can be very effective, sometimes it can also give the impression that you're tying to "divide and conquer" the opposition. Remember the goal is to effectively work toward solutions. You want to work toward a solution with which all the affected public can agree. Sometimes, however, this may not be possible. If you reach an impasse, recognize it, be clear about it, and move on to other issues. Resolving other concerns can make the initial disagreements go away or make people more amenable to compromise. If you have an interest group making completely unreasonable demands on you, be clear about why you think they are unreasonable. In the end, the public and the decision makers are able to tell which concerns are legitimate and which aren't. Once again, if you can't solve every problem to everyone's satisfaction, you must at least show you have considered and addressed all issues and dealt with them fairly and honestly. Step Three: Reporting On What Happened When you have completed your participation process, you will need to compile a written report that will summarize what has taken place and tell what you've done to address concerns that arose. City staff will review your draft report to insure that it is comprehensive and accurately reflects the process. 1. What techniques did you use to notify and involve the public regarding your application? Make a chronological list of all the meetings, mailings, telephone conferences, open houses, newsletters, etc. that you employed in your participation process. Include the number of people contacted and the number that attended meetings. Include copies of written materials and publications, letters, mailing lists, and sign -in sheets. Indicate on a map the general location of people receiving notices. 2. What concerns, issues and problems did you hear during the process? Write a summary of what you heard at each meeting or during other contact with the public as you carried out your plan. Be as comprehensive as you can. Just because an issue was dealt with early on doesn't mean it won't be important during the public hearing process. 3. How have you addressed or will you address the concerns, issues and problems raised? This is a critical part of the report for you, because this is where you can best describe the reasonableness of your project issue -by -issue. Address each of the concerns you listed in number 2 above, however minor or easily resolved. Write a description of what you've done about each concern. If it's an issue you feel was not legitimate, don't ignore it; this is your opportunity to explain why it's unreasonable. Be as factual and straightforward as you can. Include details, references to plans you've submitted, etc. 4. If there are concerns, issues and problems you aren't able to address, detail these items in your report. City Staff realizes there may be items raised in meetings that you won't be able to resolve to everyone's satisfaction. You may not be able to do them and keep your project viable. They may be issues that are the responsibility of the City or another property owner to resolve. You may just not feel that the concern is legitimate and doesn't require your attention. List these issues and the reason(s) you won't be able to resolve them. Citizen Participation Plan Checklist Step One - Plan Development Project Impacts • 1 have identified the residents, property owners, businesses and others who might be interested in my project. • 1 have identifies those who will be directly affected. • 1 have identifies those who will be indirectly affected. • 1 have identified those who will not be affected but who think they will. • I have identified everyone who may want to get involved, even though they realize they won't be affected. Project Concems. Problems. Issues • 1 have thought about my project from the perspective of the people listed above. • I have identified some of the concerns or problems they may have. Notification • 1 have decided which public notification techniques are most appropriate for this project. Citizen Participation Plan Checklist Step Two - Implementation Getting the Word Out • 1 have considered different techniques for getting the word out to interested parties about my project. • I have developed a timeline for notification that provides people ample opportunity to pian to attend meetings. • I have looked at a calendar of events in the area to ensure that there are no conflicts with my meeting date. Listening to Issues. Concerns and Problems • 1 have identified potential questions and concerns that the public might have regarding my project. The process I am using will be open and fair. Resolving Issues. Concerns and Problems • 1 have a plan to show that I have considered all of the issues and have dealt with them fairly. Citizen Participation Plan Checklist Step Three - Final Report Details of Techniques Used • 1 have included dates and locations of all meetings where citizens were invited to discuss my proposal. • 1 have included content, dates mailed, and number of mailings, including letters, meeting notices, newsletters and other publications. • I have included where residents, property owners, and interested parties receiving notices, newsletters or other written materials are located. 1 have included the number of people that participated in the process Summary of Concerns. Issues and Problems Expressed Durina the Process 1 have included the substance of concerns, issues and problems. • I have included information on how I have addressed or intend to address concerns, issues and problems expressed during the process. • 1 have included concerns, issues and problems I am unwilling or unable to address and have explained why. What to Consider When Drafting a Neighborhood Letter 1. Purpose Is the purpose of your letter to invite residents to a meeting? To provide an explanation of your project? To state what you would like to see from the neighborhood? 2. Background Why are you writing to this neighborhood? Provide a description of the proposed use of your property. What's happened up to this point regarding your project? 3. Your intentions What do you hope to do with your project? Describe some of the details that you think will mitigate neighborhood concerns (i.e. landscaping, sound barriers, improved street circulation, improved drainage, etc.) 4. Encouragement to the letter recipient to participate in the process Conclude letter with a positive statement about hearing from the neighborhood, meeting with them, value of their input, etc. S. Include your name, company name, telephone number. (SAMPLE NEIGHBORHOOD MEETING NOTIFICATIN LETTER) COMPANY LETTERHEAD DATE Dear Property Owner: YOUR COMPANY NAME would like to invite you to attend a neighborhood meeting to discuss BRIEF DESCRIPTION OF YOUR PROJECT. The meeting will be held at the following place and time: NAME OF FACILITY ADDRESS DATE AND TIME IN THE FOLLOWING PARAGRAPH, PLEASE USE THESE MAIN POINTS: • STATE WHAT YOU COMPAN HAS SUBMITTED TO THE CITY OF WINTER SPRINGS • BREIF DESCRIPTION OF THE DESIGN OF THE PROJECT. • INDICATE HOW THE PROJECT COULD POSSIBLY IMPACT THE SURROUNDING NEIGHBORHOODS. I (or your company) would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Winter Springs have also been invited to attend this meeting. Please call me (or your company) at before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, YOUR NAME TITLE TIPS FOR AN EFFECTIVE PRESENTATION Eight Steps to Preparing a Presentation Develop Objectives Why are you doing this presentation? What results do you want to achieve? 2. Consider the Audience Who will be in attendance? Why do you think they are coming? What are their interests, concerns? 3. Introduction Capture the audience's attention and give them time to tune in on you and other speakers. Set the tone for what is to come. This part of the presentation can establish credibility. 4. State You Main Ideas and Supporting Ideas Go from the general ideas to the more specific ideas. 5. State the Benefits Tell your audience the benefits of your objectives. 6. Gather Facts Make sure you put together evidence to support your main ideas. 7. Develop Visuals, Handouts, Notes These materials should complement your presentation and not serve as a distraction. Handouts should be made available following a presentation unless you want the audience to look at them while you are explaining the information. 8. Practice This is critically important for a successful presentation. If you are planning to use equipment, test it before the presentation. Make sure the room is arranged the way you want it. TIPS FOR HANDLING DIFFICULT QUESTIONS/SITUATIONS/CONFRONTATION Be aware that, in you audience, there will probably be people who support your project — and those who don't. There will also be people who have not formed an opinion before coming to the meeting. The goal of your presentation should be to educate the people who haven't made up their minds yet about your project. Once they have the information, they may be in a better position to support your ideas. Arch Lustberg, author of the book "Winning When It Really Counts, " is an expert on effective communications. In dealing with confrontation, he suggests winning over your adversaries with reason, courtesy and valuable new facts. His book details the following suggestions regarding confrontation: 1. Pause. Think before you speak. 2. Stay calm and reasonable. 3. Don't get angry and keep control of your temper. 4. Refuse to take any attack personally. 5. Be positive. 6. Give information rather than denials. 7. Be explanatory. Don't succumb to the temptation to argue. 8. Take lots of time and don't run off at the mouth, argue, yell or scream. 9. Be the voice of reason 10. Be the good guy, Mr. or Mrs. Nice. 11. Always assume your audience is smarter that you when it comes to neighborhood issues. CONCLUSION It is the intent of the City of Winter Springs that the Citizen Awareness and Participation Plan (CAPP) be a positive step forward in encouraging and fostering early and effective citizen participation in the development process. City Staff hopes that this handbook, along with out assistance, will prove to be a useful tool in creating the Citizen Awareness and Participation Plan for your project. The City of Winter Springs staff is available to help you through the process of preparing your CAPP. Please feel free to contact the Planning Division at (407) 327-5968 should you have any questions or need additional assistance. WE look forward to working with you! Meeting Type: Regular Meeting Date: 03-18-08 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Discussion Item 12 No. Coastal High Hazard Area - Amendments SUBJECT: DISCUSSION: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DRAFT LEGISLATION 2008 DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the Florida Department of Community Affairs draft legislation for 2008. Summary Explanation & Background: There are three proposed drafts that may affect our City: Citizen's Planning Bill of Rights Coastal High Hazard Area - Amendments Urban Growth Policy Discussion item only. Exhibits Attached: (3) Draft Bills City Manager' ice Department LEGISLATIVE CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 2 Amending 163.3174(1); providing that the membership of the local planning agency is separate from 3 the governing body. 4 Amending 163.3174(4); providing that the local planning agency and governing body certify that a 5 comprehensive plan amendment is supported by data and analysis and consistent with the local 6 government's comprehensive plan, the applicable strategic regional policy plan, the state 7 comprehensive plan, and Chapter 163, Part II. 8 Amending 163.3181(1); providing for a local ordinance requiring a neighborhood meeting prior to 9 the filing of a future land use map amendment. 10 Adding 163.3181(5); providing that local governments must adopt a process for citizens to obtain a 11 written certification of the allowable uses on a vacant parcel of land. 12 Amending 163.3184(3); providing standards for neighborhood or community meetings prior to the 13 filing and transmittal of a future land use map amendment. 14 Amending 163.3184(3); providing that local governing bodies may conduct only one transmittal and 15 one adoption hearing per calendar year for all plan amendments, with one additional transmittal and 16 adoption available solely for future land use map amendments within adopted urban service, urban 17 infill, urban redevelopment, and downtown revitalization areas. 18 Amending 163.3184(3); providing that future land use map and associated special area amendments 19 for urban infill, urban redevelopment, downtown revitalization, and urban service areas are subject 20 to expedited review under ss. 163.32465(3)-(6); 21 Amending 163.3184(7); providing that local governments have 90 days (or 120 days for an 22 evaluation and appraisal report based amendment) to adopt a proposed plan amendment, not adopt 23 an amendment, or adopt an amendment with revisions, and that should that timeframe lapse then the 24 amendment is deemed abandoned and may not be adopted during the amendment cycle. 25 Amending 163.3184(15); providing that a local government shall make the plan or plan amendment 26 under consideration available to the public 7 days prior to transmittal and 5 days prior to adoption 27 and disallowing changes to the plan or plan amendment after these times. Page 1 of 12 CODING: Words stFiGken are deletions; words underlined are additions. CLQ CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 28 Amending 163.3187(1); providing that the transmittal and adoption of comprehensive plan 29 amendments that revise the text of goals, objectives and policies require a supermajority vote with 30 the exception of text amendments that implement an evaluation and appraisal report, amend the 31 schedule or capital improvements, or implement new statutory requirements. 32 Amending 163.3187(1); providing that the adoption of future land use map amendments requires a 33 supermajority vote when the local planning agency has recommended against approval. 34 Amending 163.3187(2); providing a reduction of the number of exceptions from the twice per 35 calendar year plan amendment limitation. 36 Amending 163.3187(3); providing that a small scale development amendment will not go into effect 37 if a copy is not rendered to the state land planning agency as required by s. 163.3187(1)(c)2.b. 38 **************************************************************************** 391 163.3174 Local planning agency. 40 (1) The governing body of each local government, individually or in combination as provided in s. 41 163.317 1, shall designate and by ordinance establish a "local planning agency," unless the agency is 42 otherwise established by law. Notwithstanding any special act to the contrary, all local planning 43 agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in 44 each municipality and county shall include a representative of the school district appointed by the 45 school board as a nonvoting member of the local planning agency or equivalent agency to attend 46 those meetings at which the agency considers comprehensive plan amendments and rezonings that 47 would, if approved, increase residential density on the property that is the subject of the application. 48 However, this subsection does not prevent the governing body of the local government from 49 granting voting status to the school board member. The governing body may not designate itself as 50 the local planning agency pursuant to this subsection and shall include a 51 nonvoting school board representative. The governing body shall notify the state land planning 52 agency of the establishment of its local planning agency. All local planning agencies shall provide 53 opportunities for involvement by applicable comrntmity college boards, which may be accomplished 54 by formal representation, membership on technical advisory committees, or other appropriate means. 55 The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to 56 be held after public notice and shall make recommendations to the governing body regarding the Page 2 of 12 CODING: Words e�� are deletions; words underlined are additions. %I V CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 571 adoption or amendment of the plan. The agency may be a local planning commission, the planning 58 department of the local government, or other instrumentality, including a countywide planning entity 59 established by special act or a council of local government officials created pursuant to s. 163.02, 6 0 provided the composition of the council is fairly representative of all the governing bodies in the 61 county or planning area; however: 62 (4) The local planning agency shall have the general responsibility for the conduct of the 63 comprehensive planning program. Specifically, the local planning agency shall: 6 4 (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and 65 shall make recommendations to the governing body regarding the adoption or amendment of such 66 plan. During the preparation of the plan or plan amendment and prior to any recommendation to the 6 7 governing body, the local planning agency shall hold at least one public hearing, with public notice, 68 on the proposed plan or plan amendment. The governing body in cooperation with the local planning 69 agency may designate any agency, committee, department, or person to prepare the comprehensive 70 plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment 71 to the governing body shall be the responsibility of the local planning agency. The local planning 72 agency must certify to the governing body and the governing body must affirm that a proposed 73 comprehensive plan or plan amendment is supported by relevant data and analysis and that the plan 74 or plan amendment is consistent with the local government's comprehensive plan the applicable 75 strategic regional policy plan the state comprehensive plan and this part 76 77 163.3181 Public participation in the comprehensive planning process; intent; alternative 78 dispute resolution. - 79 (1) It is the intent of the Legislature that the public participate in the comprehensive planning 80 process to the fullest extent possible. Towards this end, local planning agencies and local 81 governmental units are directed to adopt procedures designed to provide effective public 82 participation in the comprehensive planning process and to provide real property owners with 83 notice of all official actions which will regulate the use of their property. Each local government 84 shall adopt by ordinance requirements for the holding of a community or neighborhood meeting 85 prior to the filing of applications for future land use map amendments consistent with the Page 3 of 12 CODING: Words 8#ic-ken are deletions; words underlined are additions. CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 . 86 provisions of s. 163.3184(3). The provisions and procedures required in this act are set out as 87 the minimum requirements towards this end. 88 (5) Every local government shall by December 31 2008 establish by ordinance a process by 89 which any person can obtain a written certification of the uses that are allowable under the local 90 comprehensive plan on any vacant parcel within the government's jurisdiction 91 163.3184 Process for adoption of comprehensive plan or plan amendment. -- 92 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR AMENDMENT. -- 93 (a) Prior to the filing of an application for an amendment to the future land use map the applicant 94 shall conduct a noticed community or neighborhood meeting to present discuss and solicit public 95 comment on the proposed map amendment The meeting shall be noticed and conducted in 9 6 accordance with the local government's adopted regulations for such meetings and shall be held at 97 least 30 days before the filing of the application for the amendment The application shall contain a 98 written certification or verification that the meeting has been held and that the required notice was 99 given. At least 15 days before the local governing body holds a transmittal hearing on a proposed 100 map amendment, the applicant shall conduct a second noticed community or neighborhood meeting 101 to present and discuss the map amendment application as filed including any changes made to the 102 proposed amendment following the first community or neighborhood meeting Prior to the 103 transmittal hearing, the applicant shall file with the local government a written certification or 104 verification that the second meeting has been held and noticed in accordance with the local 105 government's adopted regulations for such meetings This section shall be applicable to every 106 application for a map amendment filed after the effective date of this law. 107 (bc) A local governing body shall not transmit portions of a plan or plan amendment unless it has 108 previously provided to all state agencies designated by the state land planning agency a complete 109 copy of its adopted comprehensive plan pursuant to subsection (7) and as specified in the agency's 110 procedural rules. In the case of comprehensive plan amendments, the local governing body shall 111 transmit to the state land planning agency, the appropriate regional planning council and water 112 management district, the Department of Environmental Protection, the Department of State, and the 113 Department of Transportation, and, in the case of municipal plans, to the appropriate county and, in 114 the case of county plans, to the Fish and Wildlife Conservation Commission and the Department of 115 Agriculture and Consumer Services the materials specified in the state land planning agency's Page 4 of 12 CODING: Words step are deletions; words underlined are additions. D--, CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 116 procedural rules and, in cases in which the plan amendment is a result of an evaluation and appraisal 117 report adopted pursuant to s. 163.3191, a copy of the evaluation and appraisal report. Local 118 governing bodies shall conduct only one transmittal hearing and one adoption hearing for plan 119 amendments during each calendar year and shall consolidate all proposed plan amendments into a 120 single submission for each of the two plan amendment adoption dates during the calendar year 121 pursuant to s. 163.3187. Local governing bodies may conduct one additional transmittal hearing and 122 one additional adoption hearing during each calendar year solely for future land use map 123 amendments and special area policies associated with those amendments for land within adopted 124 urban infill development areas, urban redevelopment areas downtown revitalization areas and 125 urban service areas. All future land use map amendments and special area policies associated with 126 those amendments for land within adopted urban infill development areas urban redevelopment 127 areas, downtown revitalization areas, and urban service areas shall be subject to the expedited 128 review process in ss. 163.32465(3)-(6). 129 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN OR 130 AMENDMENTS AND TRANSMITTAL. -- 131 (a) The local government shall review the written comments submitted to it by the state land 132 planning agency, and any other person, agency, or government. Any comments, recommendations, 133 or objections and any reply to them shall be public documents, a part of the permanent record in the 134 matter, and admissible in any proceeding in which the comprehensive plan or plan amendment may 135 be at issue. The local government, upon receipt of written comments from the state land planning 136 agency, shall have 120 days to adopt or adopt with changes the proposed comprehensive plan or plan 137 update based on its evaluation and appraisal report adopted pursuant to s. 163.3191 pla-R 138 affleiidment-a. In the case of comprehensive plan amendments other than those proposed pursuant to 139 s. 163.3191, the local government shall have 90 69 days to adopt the amendment, adopt the 140 amendment with changes, or determine that it will not adopt the amendment. The adoption of the 141 proposed plan or plan amendment or the determination not to adopt a plan amendment, other than a 142 plan amendment proposed pursuant to s. 163.319 1, shall be made in the course of a public hearing 143 pursuant to subsection (15). If a local government fails to adopt the comprehensive plan or -plan 144 amendment within the applicable timeframe set forth in this subsection the plan or plan amendment 145 shall be deemed abandoned and the plan or plan amendment may not be considered until the next 146 available amendment cycle pursuant to ss. 163.3184 and 163.3187. The local government shall 147 transmit the complete adopted comprehensive plan or plan amendment, including the names and Page 5 of 12 CODING: Words strieleR are deletions; words underlined are additions. L% CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 148 addresses of persons compiled pursuant to paragraph (I 5)(c), to the state land planning agency as 149 specified in the agency's procedural rules within 10 working days after adoption. The local 150 governing body shall also transmit a copy of the adopted comprehensive plan or plan amendment to 151 the regional planning agency and to any other unit of local government or governmental agency in 152 the state that has filed a written request with the governing body for a copy of the plan or plan 153 amendment. 154 (15) PUBLIC HEARINGS. — 155 (b) The local governing body shall hold at least two advertised public hearings on the proposed 156 comprehensive plan or plan amendments as follows: 157 l . The first public hearing shall be held at the transmittal stage pursuant to subsection 158 (3). It shall be held on a weekday at least 7 days after the day that the first advertisement was 159 published. The proposed comprehensive plan or plan amendment to be considered at the hearing 160 must be available to the public at least 7 days before the hearing including through the local 161 government's website if one is maintained The proposed comprehensive plan amendment may not 162 be altered during the 7 days prior to the hearing If the amendment is altered during this time period 163 or at the public hearing the public hearing shall be continued and reset to comply with the 7 -day 164 requirement. 165 2. The second public hearing shall be held at the adoption stage pursuant to subsection 166 (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is 167 published. The comprehensive plan or plan amendment to be considered for adoption must be 168 available to the public at least 5 days before the hearing including through the local government's 169 website if one is maintained. The proposed comprehensive plan amendment may not be altered 170 during the 5 days prior to the hearing. If the amendment is altered during this time period or at the 171 public hearing, the public hearing shall be continued and reset to comply with the 5 -day requirement 172 163.3187 Amendment of adopted comprehensive plan. -- 173 (1) Comprehensive plan amendments may be adopted by simple majority vote of the goveming 174 body of the local goverment except as follows: Page 6 of 12 CODING: Words striGkeR are deletions; words underlined are additions. v ce4 CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 175 (a) A supermaiority vote of the governing body of the local government is required to adopt a 176 future land use map amendment if the local planning agency recommends to the governing body 177 that the amendment not be adopted; and 178 (b) A supermaiority vote of the governing body is required to adopt any text amendment except for 179 special area policies associated with a future land use map amendment those text amendments that 180 amend the schedule of capital improvements implement recommendations in an evaluation and 181 Upraisal report, or are required to implement a new statutory requirement 182 (2) �7 Amendments t ev Ya i aoavi plans .,depted pufsuant to thisaft F � y - made not me - 183 than t': e times 'wring any ^^lead^ -yea wEeept. Notwithstanding the frequency limitations in s. 184 163.3184(3)(c), the following types of amendments may be adopted at any time during the calendar 185 year: 186 (a) In the case of an emergency, comprehensive plan amendments may be made more often than 187 once twiee during the calendar year if the additional plan amendment receives the approval of all of 188 the members of the governing body. 'Emergency" means any occurrence or threat thereof whether 189 accidental or natural, caused by humankind, in war or peace, which results or may result in 190 substantial injury or harm to the population or substantial damage to or loss of property or public 191 funds. 192 (b) Any local government comprehensive plan amendments directly related to a proposed 193 development of regional impact, including changes which have been determined to be substantial 194 deviations and including Florida Quality Developments pursuant to s. 380.061, may be initiated by a 195 local planning agency and considered by the local governing body at the same time as the 196 application for development approval using the procedures provided for local plan amendment in 197 this section and applicable local ordinances, without regard to statutory or local ordinance limits on 198 the frequency of consideration of amendments to the local comprehensive plan. Nothing in this 199 subsection shall be deemed to require favorable consideration of a plan amendment solely because it 200 is related to a development of regional impact. 201 (c) Any local government comprehensive Plan amendments directly related to proposed small scale 202 development activities may be approved without regard to statutory limits on the frequency of 203 consideration of amendments to the local comprehensive plan. A small scale development 204 amendment may be adopted only under the following conditions: Page 7 of 12 CODING: Words str-ickeu are deletions; words underlined are additions. cc`� � CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 2051 1. The proposed amendment involves a use of 10 acres or fewer and: 206 a. The cumulative annual effect of the acreage for all small scale development amendments adopted 207 by the local government shall not exceed: 208 (I) A maximum of 120 acres in a local government that contains areas specifically designated in the 209 local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as 210 defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, 211 transportation concurrency exception areas approved pursuant to s. 163.3 180(5), or regional activity 212 centers and urban central business districts approved pursuant to s. 380.06(2)(e); however, 213 amendments under this paragraph may be applied to no more than 60 acres annually of property 214 outside the designated areas listed in this sub -sub -subparagraph. Amendments adopted pursuant to 215 paragraph (k) shall not be counted toward the acreage limitations for small scale amendments under 216 this paragraph. 217 (II) A maximum of 80 acres in a local government that does not contain any of the designated areas 218 set forth in sub -sub -subparagraph (I). 219 (III) A maximum of 120 acres in a county established pursuant to s. 9, Art. VIII of the State 220 Constitution. 221 b. The proposed amendment does not involve the same property granted a change within the prior 12 222 months. 223 c. The proposed amendment does not involve the same owner's property within 200 feet of property 224 granted a change within the prior 12 months. 225 d. The proposed amendment does not involve a text change to the goals, policies, and objectives of 226 the local government's comprehensive plan, but only proposes a land use change to the future land 227 use map for a site-specific small scale development activity. 228 e. The property that is the subject of the proposed amendment is not located within an area of critical 229 state concern, unless the project subject to the proposed amendment involves the construction of 230 affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of 231 critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 232 380.05(1). Such amendment is not subject to the density limitations of sub -subparagraph f., and shall Page 8 of 12 CODING: Words etFieieR are deletions; words underlined are additions. VI CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 233 be reviewed by the state land planning agency for consistency with the principles for guiding 234 development applicable to the area of critical state concern where the amendment is located and 235 shall not become effective until a final order is issued under s. 380.05(6). 236 f. If the proposed amendment involves a residential land use, the residential land use has a density 237 of 10 units or less per acre or the proposed future land use category allows a maximum residential 238 density of the same or less than the maximum residential density allowable under the existing future 239 land use category, except that this limitation does not apply to small scale amendments involving the 240 construction of affordable housing units meeting the criteria of s. 420.0004(3) on property which 241 will be the subject of a land use restriction agreement, or small scale amendments described in sub- 242 ub- 242 sub -subparagraph a.(I) that are designated in the local comprehensive plan for urban infill, urban 243 redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment 244 areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to 245 s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to 246 s. 380.06(2)(e). 247 2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is 248 not required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for 249 such plan amendments if the local government complies with the provisions in s. 125.66(4)(a) for a 250 county or in s. 166.041(3)(c) for a municipality. If a request for a plan amendment under this 251 paragraph is initiated by other than the local government, public notice is required. 252 b. The local government shall send copies of the notice and amendment to the state land planning 253 agency, the regional planning council, and any other person or entity requesting a copy. This 254 infonnation shall also include a statement identifying any property subject to the amendment that is 255 located within a coastal high -hazard area as identified in the local comprehensive plan. 256 3. Small scale development amendments adopted pursuant to this paragraph require only one public 257 hearing before the governing board, which shall be an adoption hearing as described in s. 258 163.3184(7), and are not subject to the requirements of s. 163.3184(3)-(6) unless the local 259 government elects to have them subject to those requirements. 260 4. If the small scale development amendment involves a site within an area that is designated by the 261 Governor as a rural area of critical economic concern under s. 288.0656(7) for the duration of such 262 designation, the 10 -acre limit listed in subparagraph 1. shall be increased by 100 percent to 20 acres. Page 9 of 12 CODING: Words StFiGkeR are deletions; words underlined are additions. VI 0;� CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 263 The local government approving the small scale plan amendment shall certify to the Office of 264 Tourism, Trade, and Economic Development that the plan amendment furthers the economic 2G5 objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to 2 6 6 the plan amendment shall undergo public review to ensure that all concurrency requirements and 2 6 7 federal, state, and local environmental permit requirements are met. 268 (d) Any comprehensive plan amendment required by a compliance agreement pursuant to s. 269 163.3184(16) may be approved without regard to statutory limits on the frequency of adoption of 270 amendments to the comprehensive plan. 271 (e) A eempr-ehensive plan amendment for- leeation of a state eeFFeetienal faeili:Vy. Sueh an 272 amendment may be made at any time and dees not eaunt tewar-d the limitation eff the fTeEJt1ef1G)'&f 273 plan amendments. 274 (e) (f) Any comprehensive plan amendment that changes the schedule in the capital improvements 275 element, and any amendments directly related to the schedule, may be made once in a calendar year 276 on a date different from the one tie times provided in this subsection when necessary to coincide 277 with the adoption of the local government's budget and capital improvements program. 278 (g) Any local gOVefflfflefit GOMPFOhOftSiVe plan amendments dir-e6tly related tO pfOpOsed 279 280 statutory limits en the fi-equeney efoonsider-ation of amendments to the laeal eemprehensive plan. 281 (h.D Any comprehensive plan amendments for port transportation facilities and projects that are 282 eligible for funding by the Florida Seaport Transportation and Economic Development Council 283 pursuant to s. 311.07. 284 (i) A eaftipfeliensive plan afnendment for- the pur-pose ef designating an urban ififill and 285 r-edevelopment area under- s. 163.251:7 may be appr-ovedwitheut f b 286 4equeney „f-amefia. ent t 1 Z J (.+ 1, Yiuir-- 287 (j) Any eempr-ehensive plan amendment to establish publie seheel e0netfFFenff ptifsHant to S. 288 1623 1 80 1 'T\ ,µthin but n� imi :Gl z:�IiEd--to, aEl6pti9n-ofa--pH}3lie 1 1 r •1•t• eieffiefit d 289 290 291 , sueh elements shall be prepared and adopted eii a sifflilaf tifne sehedtile-. Page 10 of 12 CODING: Words stri f4 are deletions; words underlined are additions. v CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 292 @E) A dee-al eampr-ehensive plan amendment di -eedy -T late— to 293 294 r„+. s+ +o Highway S..s+o.., in eounties as defined in s. 125.011 295 a h i 0 ineide---- c f#-ra ffi= a o o i d e n t s Fesia1tin g in..e_..,..., . 0 ath. 296 298 {I} A eempr-ehensive plan amendment to adopt a publie edueational far. 299 163-3177(12) and fiAur-e-hand- use -map amendment-fef sehool 300 301 (m) A eempr-eheasive plan amendment that addresses Gritei4a or- eenTatibility efland tises aE�aeen4 302 to E)Y- in elese pr-eiiimity to militqi-7y installations in a leeal gevefameRts future land use element dae 304 (g) (R) Any local government comprehensive plan amendment establishing or implementing a rural 305 land stewardship area pursuant to the provisions of s. 163.3177(11)(d) or a sector plan pursuant to 306 the provisions of s. 163.3245. 307 (e) A eempr-ehensive plan amendment giat is submitted by an area deSigflated by the GE)Vefflor- as a 308 r-uFal at:ea ef PO4--tie-Al eeanem---ie eeneefn undef s. 298.0656(7) and that meets the 309 310 .,,gar+:„„ ,,,o„ a , or+ to +ho , ,e:hR--,Q:, o ;mi. 311 312 313 (h) Any local government comprehensive plan amendment adopted pursuant to a Final Order 314 issued by the Administration Commission or Florida Land and Water Adjudicatory Commission. 315 (i) A future land use map amendment including not more than 20 acres within an area 316 designated by the Governor as a rural area of critical economic concern under s. 288.0656(7) for the 317 duration of such designation. Prior to the adoption of such an amendment the local government shall 318 obtain from the Office of Tourism, Trade, and Economic Development written certification that the 319 plan amendment furthers the economic objectives set forth in the executive order issued under s Page 11 of 12 CODING: Words stFisleR are deletions; words underlined are additions. 32C 321 322 323 324 325 326 327 328 329 330 331 CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT O 1-18-08 288.0656(7). The property subject to the plan amendment is subject to all concurrency requirements and federal, state, and local environmental permit requirements. (j) Future land use map amendments and any associated special area policies that are for affordable housing and qualify for expedited review under s. 163.3183. (3)(c) Small scale development amendments shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments shall not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining the adopted small scale development amendment is in compliance. However, a small scale amendment shall not become effective if the local government has failed to provide the amendment to the state land planning agency as required by s. 163.3187(l)(c)2.b. Page 12 of 12 CODING: Words stFiGkeR are deletions; words underlined are additions. M DRAFT COASTAL HIGH HAZARD AREA DRAFT 1-16-08 1 I 163.3178 Coastal management. -- 2 (1)(h) Designation of coastal high -hazard areas and the criteria for mitigation for a 3 comprehensive plan amendment in a coastal high -hazard area as defined in subsection (9). The 4 coastal high -hazard area is the area seaward of below the elevation of the category 1 storm surge 5 line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized 6 storm surge model. Application of mitigation and the application of development and 7 redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, shall be at 8 the discretion of local government. 9 (9)(a) Local governments may elect to comply with rule 9J -5.012(3)(b)6. and 7., Florida 10 Administrative Code, through the process provided in this section. A proposed comprehensive 11 plan amendment may be determined to be shall be fou in compliance with state coastal high - 12 hazard provisions pursuant to rule 9J -5.012(3)(b)6. and 7., Florida Administrative Code, if - 13 f13 1. The area subiect to the amendment is not within a designated area of critical state concern 14 and does not include FEMA velocity zones areas subject to coastal erosion lands seaward of the 15 coastal construction control line areas above the elevation of the category 1 storm surge that are 16 isolated by surrounding areas that are below the elevation, or areas subject to repetitive damage 17 from coastal storms and floods. 18 2. The local government has adopted as a part of its comprehensive plan hazard mitigation 19 strategies that reduces, replaces or eliminates unsafe structures and properties subject to 20 repetitive damage from coastal storms and floods measures to reduce exposure to hazards 21 including relocation, structural modification of threatened coastal infrastructure provides for 22 operational or capacity improvements to maintain hurricane evacuation clearance times within 23 established limits, includes a post disaster redevelopment plan and prohibits public expenditures 24 that subsidize development within the coastal high hazard area 25 3.4 The adopted level of service for out -of -county hurricane evacuation is maintained for a 26 category 5 storm event as measured on the Saffrr-Simpson scale provided that the adopted out - 27 of- county hurricane evacuation clearance time docs not exceed 16 hours and is based upon the 28 time necessary to reach shelter space; 291 4. -2-. A 12 -hour evacuation time to shelter is maintained for a category 5 storm event as Page 1 of 2 CODING: Words s€ 4eR are deletions; words underlined are additions. v r DRAFT COASTAL HIGH HAZARD AREA DRAFT 1.16-08 30 measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the 31 residents of the development contemplated by a proposed comprehensive plan amendment is 32 available; or 33 5.3- Appropriate mitigation is provided that will satisfy the provisions of subparagraph 1. or 34 subparagraph 2. Appropriate mitigation shall include, without limitation, payment of money, 35 contribution of land, and construction of hurricane shelters and transportation facilities. Required 36 mitigation shall not exceed the amount required for a developer to accommodate impacts 37 reasonably attributable to development. A local government and a developer shall enter into a 38 binding agreement to memorialize the mitigation plan. 3.9 (b) For those local governments that have not established a level of service for out -of -county 40 hurricane evacuation by July 1, 2008, but elect to comply with rule 9J -5.012(3)(b)6. and 7., 41 Florida Administrative Code, by following the process in paragraph (a), the level of service shall 42 be no greater than 16 hours for a category 5 storm event as measured on the Saffir-Simpson 43 scale. 44 (c) This subsection shall become effective immediately and shall apply to all local governments. 45 No later than July 1, 2008, local governments shall amend their future land use map and coastal 46 management element to include the new definition of coastal high -hazard area and to depict the 47 coastal high -hazard area on the future land use map. 48 49 Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. v Gib URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 2 Amending 163.3164; adding a definition for "urban development area". 3 Amending 163.3164(35), adding a definition for "area -wide gross densities or intensities". 4 Amending 163.3177(6)(a), by reformatting the paragraph. 5 Amending 163.3177(6)(a)2, by creating a new sub -paragraph which clarifies how densities or 6 intensities are to be used and adding three new requirements: discouragement of urban sprawl; 7 energy efficient land use patterns; and, greenhouse gas reduction strategies. 8 Amending 163.3177(6)(a)5, by creating a new sub -paragraph to describe the purpose of urban 9 development areas. 10 Amending 163.3177(6)(a)5.i, by creating a new sub -paragraph to identify those local governments 11 which must establish urban development areas by July, 2011, and those local governments where 12 designating an urban development area is optional. 13 Amending 163.3177 (6)(a)5.ii, by creating a new sub -paragraph requiring the use of minimum and 14 maximum net densities and intensities, and area -wide gross densities and intensities. 15 Amending 163.3177(6)(a)5.iii., by creating a new sub -paragraph requiring goals, objectives, and 16 policies for urban development areas. 17 18 163.3164 Local Government Comprehensive Planning and Land Development Regulation 19 Act; definitions. --As used in this act: 20 (34) "Urban development area" means an area that coincides with the urban area delineated by the 21 U.S. Census in the latest decennial census of population. This area may be expanded only if 22 necessary to accommodate ten years of residential growth based on the area-wider�ensity 23 standard. The urban development area shall not include areas where centralized water and sewer 24 services do not exist or are not planned to be available within the next five years; areas within the 25 Category 3 hurricane evacuation zone, any other hazard vulnerability zones or environmentally 26 sensitive lands identified by the comprehensive plan; or areas identified for neighborhood 27 preservation in the comprehensive plan. 28 (35) "Area -wide gross densities or intensities" means the average density or intensity for a 29 specified geographic area. For the density measure, all residentially developable lands in the 30 specified geographic area shall be included. For the intensity measure, all non -residentially 31 developable lands in the specified geographic area shall be included. Land with mixed use land uses 32 that allow residential and non-residential uses shall be included for both the density and intensity 33 measures. The measurement shall exclude un -developable lands such as public road right-of-ways, 34 surface waters, and environmentally sensitive lands that are preserved in perpetuity. Page 1 of 4 CODING: Words striekcen are deletions; words underlined are additions. URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 351 163.3177 Required and optional elements of comprehensive plan; studies and Surveys. -- 36 (6) In addition to the requirements of subsections (1)-(5) and (12), the comprehensive plan shall 37 include the following elements: 38 (a) A future land use plan element designating proposed future general distribution, location, and 39 extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, 40 conservation, education, public buildings and grounds, other public facilities, and other categories of 41 the public and private uses of land. Counties are encouraged to designate rural land stewardship 42 areas, pursuant to the provisions of paragraph (I 1)(d), as overlays on the future land use map. 43 1. Each future land use category must be defined in terms of uses included, and must include 44 standards to be followed in the control and distribution of population densities and building and 45 structure intensities. The proposed distribution, location, and extent of the various categories of land 46 use shall be shown on a land use map or map series which shall be supplemented by goals, policies, 47 and measurable objectives. 48 2. The future land use plan shall be based upon surveys, studies, and data regarding the area, 49 including the amount of land required to accommodate anticipated growth throughout the local 50 government jurisdiction based on maximum allowable densities and intensities except as provided for 51 in urban development areas; the projected population of the area; the character of undeveloped land; 52 the availability of water supplies, public facilities, and set -vices; the need for redevelopment, including 53 the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with 54 the character of the community; the compatibility of uses on lands adjacent to or closely proximate to 55 military installations; the discouragement of urban sprawl; energy efficient land use patterns; 56 greenhouse gas reduction strategies, and, in rural communities, the need for job creation, capital 57 investment, and economic development that will strengthen and diversify the community's economy. 58 These analyses shall be based on the maximum allowable densities and intensities except as provided 59 for in urban development areas. 60 3. The future land use plan may designate areas for future planned development use involving 61 combinations of types of uses for which special regulations may be necessary to ensure development 62 in accord with the principles and standards of the comprehensive plan and this act. 63 4. The future land use plan element shall include criteria to be used to achieve the compatibility of 64 adjacent or closely proximate lands with military installations. 65 5. In order for Florida's urban communities to provide for higher densities and intensities of land use 66 and a range of transportation alternatives essential to satisfy mobility needs, reduce congestion, and 67 achieve healthy, vibrant centers, urban development areas shall be established by certain local 68 governments within their comprehensive plans and may as an option be identified by other local 69 Lyovernments within their comoreliensive plans. 70 i. No later than July 1, 2011, the following counties and affected municipalities within those counties 71 shall establish urban development areas forthose portions of their jurisdictions containing land that is 72 consistent with the definition for urban development area: Miami -Dade; Broward; Palm Beach; Page 2 of 4 CODING: Words s*ken are deletions; words underlined are additions. 73 '74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 Z�� option, establish urban development areas for those areas. ii. Within urban development areas the future land use element shall establish minimum and maximum net densities and net intensities, and area -wide gross density and intensity standards for the entire area or sub -areas. These densities and intensities shall promote complementary mix and range of land uses, a balanced jobs to housing ratio, expansion of public transit throughout the urban development area, affordable and workforce housing, and preservation of designated neighborhoods. Land use, transportation, and public facility planningin n support of plan amendments shall be based on the area -wide gross densities and intensities. Comprehensive pian amendments that increase density and intensity within urban development areas are encouraged. iii. Within urban development areas the future land use element shall include oats, objectives and policies to provide for mixed use development: infill, redevelopment and downtown revitalization, transit oriented _development within designated corridors and activity centers, affordable and workforce housing, and the preservation of designated neighborhoods. 6. In addition, for rural communities, the amount of land designated for future planned industrial use shal I be based upon surveys and studies that reflect the need for job creation, capital investment, and the necessity to strengthen and diversify the local economies, and shall not be limited solely by the projected population of the rural community. 7. The future land use plan of a county may also designate areas for possible future municipal incorporation. 8. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection. 9. For coastal counties, the future land use element must include, without limitation, regulatory incentives and criteria that encourage the preservation of recreational and commercial working waterfronts as defined in s. 342.07. 10. The future land use element must clearly identify the land use categories in which public schools are an allowable use. When delineating the land use categories in which public schools are an allowable use, a local government shall include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. Each local government shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use. The failure by a local government to comply with these school siting requirements will result in the prohibition of the local government's ability to amend the local comprehensive plan, except for plan amendments described in s. 163.3187(1)(b), until the school siting requirements are met. Amendments proposed by a local government for purposes of identifying the land use categories in which public schools are an allowable use are exempt from the I imitation on the frequency of plan amendments contained in s. 163.3187. The future land use element shall include criteria that encourage the location of schools Page 3 of 4 CODING: Words stfisken are deletions; words underlined are additions. 112 113 114 115 116 117 118 119 120 121 122 123 URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 proximate to urban residential areas to the extent possible and shall require that the local government seek to collocate public facilities, such as parks, libraries, and community centers, with schools to the extent possible and to encourage the use of elementary schools as focal points for neighborhoods. For schools serving predominantly rural counties, defined as a county with a population of 100,000 or fewer, an agricultural land use category shall be eligible for the location of public school facilities if the local comprehensive plan contains school siting criteria and the location is consistent with such criteria. 11. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of adjacent or closely proximate lands with existing military installations in their future land use plan element shall transmit the update or amendment to the department by June 30, 2006. Page 4 of 4 CODING: Words s#4ee are deletions; words underlined are additions. Meeting Type: Regular Meeting Date: 03-18-08 AGENDA Heading Discussion Item 13 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 Manage 's Office Department LEGISLATIVE I �, \\ILLcc Uiiiy \�vvo Ivo-lo-uo \signs. doc ARTICLE III. 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 Meeting Type: Regular Meeting Date: 03-18-08 AGENDA REPORT AGENDA Heading Discussion Item 14 No. Exhibits Attached: 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 02-13-08 City Mana Office Department LEGISLATIVE . ........, ,......,— \.,Q ,,CII \... cc u 111 \ Z U U o \U3 -lo -VO \cci R31. QOc To: Bennett Boucher — City Manager 'h1: Walter Bandish — Acting Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: February 13, 2008 Re: Agenda Item — February 19, 2008 Meeting Central 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 — currently including FDEP review comments in final construction drawings. • SJRWMD stormwater permit application and bid documents currently in preparation. 0 Page 2