HomeMy WebLinkAboutPacket 04-03-2007 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
ty of Cape Canaveral
IL REGULAR MEETING
'HALL ANNEX
D, Cape Canaveral, Florida
TUESDAY
,pril 3, 2007
7:00 PM
AGENDA
CONSIDERATIONS:
1. Motion to Approve: An Authorization to Petition the Florida Department of
Environmental Protection for an Administrative Hearing on the Request from
Transmontaigne, Inc. for a 2 -year Permit Extension.
2. Motion to Approve: An Authorization to Negotiate the Purchase of the
Kabboord and Marder Properties.
DISCUSSION:
3. Resort Dwelling Units.
4. Administrative Appeals Related to the Zoning Code of Ordinances.
5. Florida Communities Trust Grant Application.
6. North Atlantic Avenue Roadway Improvements.
REPORTS:
1. City Manager
2. Staff
3. City Council
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
City of Cape Canaveral, Florida
City Council Regular Meeting
April 3, 2007
Page 2
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.
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.
Meeting Type: Regular
Meeting Date: 04/03/07
AGENDA
Heading
Considerations
Item
1
No.
Please Advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION; AUTHORIZATION TO PETITION THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR AN
ADMINISTRATIVE HEARING ON THE REQUEST FROM TRANSMONTAIGNE,
INC. FOR A 2 -YEAR PERMIT EXTENSION.
DEPT) DIVISION: LEGISLATIVE
Requested Action:
City Council consider authorizing staff to petition the Florida Department of Environmental Protection
for an Administrative Hearing on the request from Transmontaigne, Inc. to extend their construction
permit for two new storage tanks for a two-year period.
Summary Explanation & Background:
See attached notice, interested parties or the City must file said petition by April 13, 2007.
Please Advise.
Exhibits Attached:
City Managgr's Office
Department
.QRonaoN
1 FLORI
Florida Department of
Environmental Protection
Central District
19 Maguire i3oulevard. Suite 232
Orlando, Florida 32503-3767
ELECTRONIC MAIL
(dtarlton(i?transmontai -,ne.com)
TransMontaigne, Inc.
Post Office Box 5660
Denver, CO 80217
Attention: Dudley Tarlton, Vice President of ESOH
Change of Permit Conditions
Dear Mr. Tarlton:
Vh I '.c i %\ s i e
�t r"=v
This office has received a letter dated March 13, 2007, requesting to extend permit
0090029 -003 -AC. The permit is changed as follows:
Permit Expiration:
From: May 31, 2007
To: May 31, 2009
All other descriptions and conditions remain the same. This letter must be attached
to the permit and becomes a part of the permit.
The Department's proposed agency action will become final unless a timely petition for
an administrative hearing is filed pursuant to Sections §120.569 and §20.57 F.S., before the
deadline for filing a petition. The procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the proposed agency action may
petition for an administrative proceeding (hearing) under Sections §120.569 and §120.57, F.S.
The petition must contain the information set forth below and must be filed (received) in the
Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail
Station #35, Tallahassee, Florida, 32399-3000. Petitions filed by the applicant or any of the
parties listed below must be fled within twenty-one days of receipt of this notice of intent.
Petitions filed by any persons other than those entitled to written notice under Section
§120.60(3), F.S., must be filed within twenty-one days of publication of the public notice or
within twenty-one days of receipt of this notice, whichever occurs first. Under Section 120.60(3),
11 :; •t. ri['tl..*.t<'7ii`.1%.1t •:
Garrett Clemons, Manager, Air Compliance
TransMontaigne, Inc.
0090029 -008 -AC Extension
Page 2 of 4
F.S., however, any person who asked the Department for notice of agency action may file a
petition within twenty-one days of receipt of that notice, regardless of the date of publication.
A petitioner shall mail a copy of the petition to the applicant at the address indicated
above at the time of filing. The failure of any person to file a petition within the appropriate time
period shall constitute a waiver of that person's right to request an administrative determination
(hearing) under Sections §120.569 and §120.57, F.S., or to intervene in this proceeding and
participate as a party to it. Any subsequent intervention will be only at the approval of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
A petition that disputes the material facts on which the Department's action is based must
contain the following information:
a) The name and address of each agency affected and each agency's file or
identification number, if known;
b) The name, address, and telephone number of the petitioner, the name, address,
and telephone number of the petitioner's representative, if any, which shall be the address
for service purposes during the course of the proceeding; and an explanation of how the
petitioner's substantial interests will be affected by the agency determination;
C) A statement of how and when petitioner received notice of the agency action or
proposed action;
d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
e) A concise statement of the ultimate facts alleged, as well as the rules and statutes
which entitle the petitioner to relief; and,
f) A demand for relief.
A petition that does not dispute the material facts upon which the Department's action is
based shall state that no such facts are in dispute and otherwise shall contain the same
information as set forth above, as required by Rule 28-106.301, F.A.C.
Because the administrative hearing process is designed to formulate final agency action,
the filing of a petition means that the Department's final action may be different from the position
taken by it in this notice. Persons whose substantial interests will be affected by any such final
decision of the Department on the request for conditional exemption have the right to petition to
become a party to the proceeding, in accordance with the requirements set forth above.
Mediation is not available in this proceeding.
Garrett Clemons, Manager, Air Compliance
TransMontaigne, Inc.
0090029 -008 -AC Extension
Page 3 of 4
NOTICE OF APPEAL RIGHTS
Any party to this permit change has the right to seek judicial review of it under Section
120.68, F. S., by filing a Notice of Appeal under Rule 9.110 of the Florida Rules of Appellate
Procedure with the Clerk of the Department of Environmental Protection in the Office of General
Counsel, Mail Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000,
and by filing a copy of the Notice of Appeal Florida Gas accompanied by the applicable filing
fees with the appropriate District Court of Appeal. The notice must be filed within thirty days
after this conditional exemption is filed with the Clerk of the Department.
A copy of the change of conditions for Permit 0090029 -003 -AC and any accompanying
materials related to the proposed agency action are available for public inspection during normal
business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the
Department of Environmental Protection, Central Florida District Office, 3319 Maguire
Boulevard, Suite 232, Orlando, Florida 32803-3767.
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT
Date: �-23-r)z
LTK/azt
Copy: Bennett Boucher, City Manager, City of Cape Canaveral (boucher-cape%cfl.rncom)
Garrett Clemons, TransMontaigne, Inc., Manager, Air Compliance
(,,clemons(d)transmontaigne.com)
Garrett Clemons, Manager, Air Compliance
TransMontaigne, Inc.
0090029 -008 -AC Extension
Page 4 of 4
FILED, on this date, pursuant to Section 120.52, F. S.,
with the designated Department Clerk, receipt of which is
hereby acknowledged.
-7
Cle Date
t�
CERTIFICATE OF SERVICE
This is to certify that this PERMIT EXTENSION and all copies were mailed before the
close of business on�'_ to the listed persons, by `�
Meeting Type: Regular
Meeting Date: 04/03/07
AGENDA
Heading
Considerations
Item
2
No.
complete.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION; AUTHORIZATION TO NEGOTIATE THE PURCHASE OF
THE KABBOORD AND MARDER PROPERTIES.
DEPT./ DIVISION: LEGISLATIVE
Requested Action:
City Council consider putting forth an offer for the Kabboord and Marder Properties and authorize
the City Manager and City Attorney to negotiate pursuant to Florida Statutes.
Summary Explanation & Background:
Two appraisals were obtained on each of the properties and are available for Council Members to
review. Pursuant to Florida Statutes, these reports are to remain confidential until negotiations are
complete.
The offer by Kabboord Properties for both properties is $2,000,000. The average of the two
appraisal reports is less than the asking price.
Property Description:
Kabboord — 102 Polk Avenue; 0.716 acres; 31,204 sq. ft.; 20 parking spaces; building size — 1,744
sq. ft.; built in 1976; zoned C-1. tl
Marder — located on S/E corner of State Road A1A and Tyler Avenue; 0.430 acres; 18,715 sq. ft.;
site is vacant; zoned C-1.
Requested Action: City Council make an offer based upon the Appraisal Reports and authorize
negotiations.
Exhibits Attached:
City Man;Office --
Department
ZffABBOORD
Properties, Inc.
JOHN J. KABBOORD, SR.
Chairman
DAVID W. KABBOORD
President
Real Estate Broker
Contractor
March 21, 2007
Bennett Boucher
105 Polk Ave.
P.O. Box 326
Cape Canaveral, FL 32920
Re: 102 Polk Ave. & the corner of AIA & Tyler Ave.
Dear Bennett,
MARK D. KABBOORD
Sr. Vice President, Real Estate
Broker, Contractor and
Corporate Pilot
WILLIAM J. KABBOORD
Sr. Vice President
Real Estate Associate
N. C. Operations
JOHN J. KABBOORD, JR.
Attorney, General Counsel
Kabboord Properties would like to offer the above property for sale to the city of
Cape Canaveral. The properties are currently owned by Kabboord Properties and Ellen R.
Marder, Trustee. The Marder property is currently under contract by Kabboord
Properties, so you will only be dealing with one seller.
We are offering to sell the combined property for two million dollars. This is a
one time offer. If we can't come to terms Kabboord Properties will go forward with its
long term lease to Enterprise. Kabboord Properties has never offered this property for
sale to anyone before and probably never will offer it again in the near future.
If the City of Cape Canaveral really wants and needs to expand the City Hall
complex this is the perfect chance. I hope the City Commissioners have the vision and
foresight to see what a great opportunity this is to secure the City's future expansion of
City Hall at this perfect location. I will need your decision in the next few weeks.
Thank you,
C z #j 7
David W. Kabboord
3201 North Atlantic Avenue, Cocoa Beach, Florida 32931 • (321) 783-1234 • Toll Free 1-866-208-1234 • FAX (321) 783-1288
North Carolina Operations • 828-293-7474 • Fax 828-293-5075
AERIAL PHOTO OF SUBJECT TRACT
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Meeting Type: Regular
Meeting Date: 04/03/07
AGENDA
Heading
Discussion
Rem
3
No.
The non -conforming section was re -written as well, please take note.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: RESORT DWELLING UNITS.
DEPT) DIVISION: LEGISLATIVE
Requested Action:
City Council discuss the regulation of resort dwelling units.
Summary Explanation & Background:
The City Attorney was directed at the 03/20/07 meeting to prepare an ordinance as follows:
Prohibit resort dwelling units within the R-1, R-2, and R-3 zoning district, and establish as a principal
use within the C-1 commercial district.
The non -conforming section was re -written as well, please take note.
Also attached is the Building Official's memo on the "Change of Occupancy Classification."
Discussion Only.
Exhibits Attached: Proposed Ordinance No. 19-2006; Building Official's Memo.
City Mana 's Office
Department
�.�
DRAFT March 27, 2007
ORDINANCE NO. 19-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM "RESORT DWELLING;"
PROVIDING FOR RESORT DWELLINGS AS PRINCIPAL
USES IN THE C-1 ZONING DISTRICT; SETTING FORTH A
PROCEDURE FOR ESTABLISHING A NONCONFORMING
STATUS FOR CERTAIN RESORT DWELLINGS IN THE R-1,
R-2 AND R-3 ZONING DISTRICTS BASED ON CERTAIN
EXISTING LICENSE AND TAX FACTORS SPECIFICALLY
ENUMERATED HEREIN; PROVIDING FOR EXPIRATION
OF SUCH NONCONFORMING STATUS UNDER CERTAIN
CIRCUMSTANCES; AMENDING THE SUPPLEMENTAL
ZONING DISTRICT REGULATIONS TO RESTATE THAT
ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A
MINIMUM OF SEVEN (7) DAYS; 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 maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on resort dwellings and other transient commercial uses serve a
substantial governmental interest in preserving the character and integrity of residential
neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of
Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
City of Cape Canaveral
Ordinance No. 19-2006
Page 1 of 8
DRAFT March 27, 2007
category; and
WHEREAS, all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
WHEREAS, resort dwellings are not currently expressly listed as a principle or special
exception use within any zoning district; and
WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings within
a specific zoning district in order to preserve the residential character of portions of Cape Canaveral
and to protect Cape Canaveral from becoming an overwhelming transient type community; and
WHEREAS, the City Council is aware of, and relies upon, case law precedent which holds
that a property owner does not have a vested right in zoning ordinances and that the mere purchase
of land does not create a right to rely on existing zoning. See e.g., City of Miami Beach v. 8701
Collins Ave, 77 So. 2d 428 (1954); Epifano v. Town of Indian River Shores, 379 So. 2d 966 (Fla. 4'
DCA 1979); and
WHEREAS, the City Council also acknowledges that transient residential uses fall under
a different occupancy classification under the Florida Building Code than other residential uses and
that more stringent building and fire code requirements exists for transient residential uses for life
safety reasons; and
WHEREAS, the City Council also finds that in accordance with section 110-121, Cape
Canaveral Code, a change in occupancy classification of a building requires that the building official
conduct an inspection ofthe building to determine whether it complies with applicable building code
requirements before issuing a new certificate of occupancy for the building based on the changed
occupancy classification; and
WHEREAS, while the City Council desires to afford some protections to existing licensed
resort dwellings that will become nonconforming under this ordinance, the City Council seeks to
balance the competing interests between existing uses and the City Council's desire to protect the
residential character of Cape Canaveral consistent with the City's Comprehensive Plan and to protect
the safety of transient occupants; and
WHEREAS, the City Council hereby finds that protecting the residential character of the
City of Cape Canaveral and promoting permanent residency are of paramount public importance;
and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings as an additional permitted use in the C-1 Low
City of Cape Canaveral
Ordinance No. 19-2006
Page 2 of 8
DRAFT March 27, 2007
Density Commercial zoning districts; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strrkeon
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Resort dwellinz shall mean any individually or collectively owned one -family, two-family,
three-family, or four -family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever
is less or which is advertised or held out to the public as a place regularly rented for periods of less
than thirty (30) days or one (1) calendar month, whichever is less.
ARTICLE VII. DISTRICTS
City of Cape Canaveral
Ordinance No. 19-2006
Page 3 of 8
DRAFT March 27, 2007
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. Bvvelfing tmit teirtais of less dian seven days are prohibited.
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
City of Cape Canaveral
Ordinance No. 19-2006
Page 4 of 8
DRAFT March 27, 2007
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre,
and dwelfing atfit rentafs of iess thmi seven days me expressly prohibited.
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1)
Single-family dwellings;
(2)
Two-family dwellings;
(3)
Multifamily dwellings; or
(4)
Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre,
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
City of Cape Canaveral
Ordinance No. 19-2006
Page 5 of 8
DRAFT March 27, 2007
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(15) Resort dwellings duly licensed by the state.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec 110-485 Resort Dwellings; nonconforming use status; expiration.
(a) Subiect to strict compliance with the requirements set forth in subsections (b) and (c)
of this section any resort dwelling existing as of November 21 2006 on real property zoned
R 1 R-2, or R-3 shall be deemed a nonconforming use subiect to the provisions of Chapter
110 Article V Nonconformities, of this Code.
(b) In order to be considered existing as of November 21 2006 the person claiming a
nonconforming resort dwelling on real property zoned R-1 R-2 or R-3 must demonstrate
that as of November 21 2006 the resort dwelling was licensed by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional Regulation and
applicable transient rental taxes pursuant to section 212.03 Florida Statutes, have been duly
paid Further, said person must also demonstrate that the resort dwelling is in compliance
with the certificate of occupancy requirements set forth in section 110-121, City Code within
ninety (90) days of the effective date of this ordinance.
(c) Any person claiming that a resort dwelling should be deemed nonconforming under
this section shall be required to file an application with the city manager within thirty (30)
days of the effective date of this ordinance The application shall be on a form provided by
the city manager and shall be for the purpose of verifying whether or not a particular resort
dwelling should be deemed nonconforming under this section. The application shall be
accompanied with copies of all applicable licenses tax receipts, and certificate of
occupancies which are necessary for the city manager to determine whether or not the resort
dwelling should be declared a nonconforming use In the event a person demonstrates
City of Cape Canaveral
Ordinance No. 19-2006
Page 6 of 8
DRAFT March 27, 2007
compliance with the license and tax requirements set forth in paragraph (b), but can not
demonstrate compliance with the certificate of occupancy requirements at the time the
application is filed the city manager shall render a final decision on the application at the
time the requisite certificate of occupancy is filed with the city manager, or at the end of the
ninety (90) daytime period whichever occurs first. Upon verification that a nonconforming
resort dwelling use status exists the city manager shall issue to the applicant a written notice
of nonconforming use status for the particular resort dwelling. Upon the passing of the
application deadline set forth in this subsection all persons shall be barred from claiming
nonconforming use status under this section.
(d) Any resort dwelling deemed nonconforming pursuant to this section shall lose its
nonconforming status if any one (1) of the following occurs:
(1) The resort dwelling use is abandoned pursuant to section 110-197 of this
Code;
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's license for
whatever reason or if said license should otherwise expire or lapse at any time.
Sec 110-486 Rental Restrictions on Dwelling Units.
It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive
days.
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
City of Cape Canaveral
Ordinance No. 19-2006
Page 7 of 8
DRAFT March 27, 2007
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
.2007.
ROCKY RANDELS, Mayor
ATTEST: For Against
SUSAN STILLS, City Clerk
I' Legal Ad Published:
First Reading:
2°d Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
City of Cape Canaveral
Ordinance No. 19-2006
Page 8 of 8
Memo
Date: March 21, 2007
To: City Council, via Bennett Boucher, anger
From: Todd Morley, Building Official
RE: Change of Occupancy Classification
Please find attached an excerpt from the Florida Building Code Commentary, 2004. It is Section 304
Residential Group R
This is what I read from at the Council meeting on March 20, 2007.
USE AND OCCUPANCY CLASSIFICATION
Table 307.7(1) and Note b of Table 307.7(2). These
provisions give the quantity limitations for specific high -
hazard products in mercantile display areas, including
medicines, foodstuffs, cosmetics and alcoholic bever-
ages.
Without this option, many mercantile occupancies
could technically be classified as Group H. The in-
creased quantities of certain hazardous materials are
based on the recognition that, while there is limited risk
in mercantile occupancies, the packaging and storage
arrangements can be controlled. For further informa-
tion on the storage limitations required for these types
of materials in mercantile occupancies, see the Florida
Fire Prevention Code.
SECTION 310
RESIDENTIAL GROUP R
310.1 Residential Group R. Residential Group R includes,
among others, the use of a building or structure, or a portion
thereof, for sleeping purposes when not classified as an Insti-
tutional Group I. Residential occupancies shall include the fol-
lowing:
R-1 Residential occupancies where the occupants are pri-
marily transient in nature, including:
Boarding houses (transient)
Hotels (transient)
Motels (transient)
R-2 Residential occupancies containing sleeping units or
more than two dwelling units where the occupants are
primarily permanent in nature, including:
Apartment houses
3-48
Boarding houses (not transient)
Convents
Dormitories
Fraternities and sororities
Monasteries
Vacation timeshare properties
Hotels (nontransient)
Motels (nontransient)
R-3 Residential occupancies where the occupants are pri-
marily permanent in nature and not classified as R-1,'
R-2, R-4 or I and where buildings do not contain more
than two dwelling units as applicable in Section 101.2,
or adult and child care facilities that provide accommo-,j
dations for five or fewer persons of any age for less than
24 hours. Adult and child care facilities that are within
a single-family home are permitted to comply with the -:
Florida Building Code, Residential in accordance with;'
Section 101.2. R-4 Residential occupancies shall in
clude buildings arranged for occupancy as residential
care/assisted living facilities including more than five
but not more than 16 occupants, excluding staff.
R-4 Residential occupancies shall include buildings
arranged for occupancy as residential care/as-
sisted living facilities including more than five
but not more than 16 occupants, excluding staff.
Group R-4 occupancies shall meet the requirements
for construction as defined for Group R-3 except as oth-
erwise provided for in this code or shall comply with the
Florida Building Code, Residential in accordance with
Section 101.2.
Residential occupancies represent some of the high -
2004 FLORIDA BUILDING CODE® COMMENTARY
SELF -SERVE GAS PUMPS
GROCERIES
0
a
o
CASHIER
Figure 309.1(2)
GROUP M—SELF-SERVICE GAS STATION
*NO CAR REPAIR IS DONE
Table 307.7(1) and Note b of Table 307.7(2). These
provisions give the quantity limitations for specific high -
hazard products in mercantile display areas, including
medicines, foodstuffs, cosmetics and alcoholic bever-
ages.
Without this option, many mercantile occupancies
could technically be classified as Group H. The in-
creased quantities of certain hazardous materials are
based on the recognition that, while there is limited risk
in mercantile occupancies, the packaging and storage
arrangements can be controlled. For further informa-
tion on the storage limitations required for these types
of materials in mercantile occupancies, see the Florida
Fire Prevention Code.
SECTION 310
RESIDENTIAL GROUP R
310.1 Residential Group R. Residential Group R includes,
among others, the use of a building or structure, or a portion
thereof, for sleeping purposes when not classified as an Insti-
tutional Group I. Residential occupancies shall include the fol-
lowing:
R-1 Residential occupancies where the occupants are pri-
marily transient in nature, including:
Boarding houses (transient)
Hotels (transient)
Motels (transient)
R-2 Residential occupancies containing sleeping units or
more than two dwelling units where the occupants are
primarily permanent in nature, including:
Apartment houses
3-48
Boarding houses (not transient)
Convents
Dormitories
Fraternities and sororities
Monasteries
Vacation timeshare properties
Hotels (nontransient)
Motels (nontransient)
R-3 Residential occupancies where the occupants are pri-
marily permanent in nature and not classified as R-1,'
R-2, R-4 or I and where buildings do not contain more
than two dwelling units as applicable in Section 101.2,
or adult and child care facilities that provide accommo-,j
dations for five or fewer persons of any age for less than
24 hours. Adult and child care facilities that are within
a single-family home are permitted to comply with the -:
Florida Building Code, Residential in accordance with;'
Section 101.2. R-4 Residential occupancies shall in
clude buildings arranged for occupancy as residential
care/assisted living facilities including more than five
but not more than 16 occupants, excluding staff.
R-4 Residential occupancies shall include buildings
arranged for occupancy as residential care/as-
sisted living facilities including more than five
but not more than 16 occupants, excluding staff.
Group R-4 occupancies shall meet the requirements
for construction as defined for Group R-3 except as oth-
erwise provided for in this code or shall comply with the
Florida Building Code, Residential in accordance with
Section 101.2.
Residential occupancies represent some of the high -
2004 FLORIDA BUILDING CODE® COMMENTARY
USE AND OCCUPANCY CLASSIFICATION
est fire safety risks of any of the occupancies listed in tion and people who are developmentally disabled is
Chapter 3. There are several reasons for this condi- dental enorted vironment ronment often fo to s thhave therapeutic and is mainstreaming.aial benefits. A I
tion: B 'Idin s in Group R are described herein. A build-
Structures in the residential occupancy house the
ul g
ing or part of a building is considered to be a residen-
widest range of occupant types, i.e., infants to the
aged, for the longest periods of time. As such,
tial occupancy if it is intended to be used for sleeping
accommodations (including residential care/assisted
residential occupancies are more susceptible to
the frequency of careless acts of the occupants;
living facilities) and is not an institutional occupancy.
Institutional occupancies are similar to residential oc-
therefore, the consequences of exposure to the
cupancies in many ways; however, they differentiated
effects of fire are the most serious.
from each other in that institutional occupants are in
a supervised environment, and, in the case of Groups
Most residential occupants are asleep approxi-
mately one-third of every 24-hour period. When
1-2 and 1-3 occupancies, are under some form of re -
limitation that makes them incapable
sleeping, they are not likely to become immedi-
ately aware of a developing fire. Also, if awakened
straint or physical
of complete self-preservation. The number of these oc-
under supervision or are incapable of
from sleep by the presence of fire, the residents
cupants who are
self-preservation is the distinguishing factor for being
often may not immediately react in a rational man-
classified as an institutional or residential occupancy.
ner and delay their evacuation.
The term "Group R" refers collectively to the four in -
The fuel load in residential occupancies is often
dividual residential occupancy classifications: Groups
These are differ -
quite high, both in quantity and variety. Also, in
the construction of residential buildings, it is com-
R-1, R-2, R-3 and R-4. classifications
entiated in the code based on the following criteria: (1)
mon to use extensive amounts of combustible
whether the occupants are transient or nontransient in
the type and number of dwellings contained
materials.
Another of the fire problem in residential
nature; (2)
in a single building and (3) the number of occupants in
'lity.
portion
occupancies relates to the occupants' lack of vigi-
lance in the prevention of fire hazards. In their
e
R-1: a key characteristic of Group R-1 that differenti-
own domicile or residence, people tend to relax
and are often prone to allow fire hazards to go
it from other Group R occupancies is the number
of transient occupants (i.e., those whose length of stay
unabated, thus, in residential occupancies, fire
tend to accrue over an extended period
is less than 30 days).
a most common building types classified in Group
hazards
of time and go unnoticed or are ignored.
R-1 are hotels, motels and boarding houses. Group R -
do not typically have cooking facilities
Most of the nation's fire problems occur in Group R
buildings and, in particular, one- and two-family dwell-
ings, which account for more than 80 percent of all
deaths from fire in residential occupancies and about
two-thirds of all fire fatalities in all occupancies. One
and two-family dwellings also account for more than
80 percent of residential property losses from fire and
more than one-half of all property losses from fire.
Because of the relatively high fire risk and poten-
tial for loss of life in buildings classified in Groups" R-1
(hotels and motels) and R-2 (apartments and dormi-
tories), the code has stringent provisions for the pro-
tection of life in these occupancies. Group R-3 occu-
pancies, however, are not generally considered to be
in the same domain and, thus, are not subject to the
same level of regulatory control as is provided in other
occupancies. Group R-3 facilities are one- or two-fam-
ily dwellings where the occupants are generally more
familiar with their surroundings, and, because they are
single units or duplexes, tend to pose a lower risk of
P injury or death.
Due to the growing trend to care for people in a resi-
dential environment, residential care/assisted living fa-
cilities are also classified as Group R. Specifically, these
facilities are classified as Group R-4. "Mainstreaming"
people who are recovering from alcohol or drug addic-
2004 FLORIDA BUILDING CODE® COMMENTARY
1 occupancies
in the unit. When a unit is not equipped with cooking
facilities, it does not meet the definition of a "Dwelling
unit" in Section 310.2. When this occurs, such units are
treated as guestrooms for the application of code provi-
sions [see Figure 310.1(1)]. Guestrooms are required
to be separated from each other by fire partitions and
horizontal assemblies (see Section 310.3).
Other occupancies are often found in buildings clas-
sified in Group R-1. These occupancies include night-
clubs (Group A-2), restaurants (Group A-2), gift shops
(Group M), health clubs (Group A-3) and storage fa-
cilities (Group S-1). When this occurs, the building is
a mixed occupancy and is subject to the provisions of
Section 302.3.
R-2: The length of the occupants' stay plus the ar-
rangement of the facilities provided are the basic fac-
tors that differentiate occupancies classified in Group
R-2 from other occupancies in Group R. The occupants
of facilities or areas classified in Group R-2 are primar-
ily not transient, capable of self-preservation and share
their means of egress in whole or in part with other
occupants outside of their sleeping area or dwelling
unit. The separation between dwelling units must, as a
minimum, meet the requirements contained in Sections
310.3, 708.1 and 711.3. Building types ordinarily classi-
3-49
USE AND OCCUPANCY CLASSIFICATION
r EXIT STAIRWAY
EXIT STAIRWAY
tOOMS
;QOM SEPARATION WALLS
- EXIT STAIRWAY
VROOM
-�- ELEVATOR EQUIP. ROOM
ELEVATORS
Figure 310.1(1)
GROUP R-1—HOTEL
(OCCUPANTS ARE PRIMARILY TRANSIENT)
fied in Group R-2 include apartments, boarding houses
(when the occupants are not transient) and dormitories
[see Figures 310.1(2) and 310.1(3)].
Individual dwelling units in Group R-2 are either
rented by tenants or owned by the occupants. The code
does not make a distinction between either type of ten-
ancy unless the dwelling unit is located on a separate
parcel of land. When this occurs, lot lines defining the
land parcel exist and the requirements for fire separa-
tion must be met.
Dormitories are generally associated with univer-
sity or college campuses for use as student housing,
but this is changing rapidly. Many dormitories are now
being built as housing for elderly people who wish to
live with other people their own age and who do not
need 24 -hour -a -day medical supervision. The only dif-
ference between the dormitory that has just been de-
scribed and the dormitory found on a college campus
is the age of its occupants. If the elderly people must
have 24 -hour -a -day supervision (i.e., a nurse or doctor
on the premises), the building is no longer considered
a residential occupancy but an institutional occupancy
(Group 1-2 assuming greater than five occupants) and
would have to comply with the applicable provisions of
the code.
Similar to Group R-1, individual rooms in dormitories
3-50
are also required to be separated from each other by
fire partitions and horizontal assemblies in accordance
with Sections 310.3, 708.1 and 711.3. When college
classes are not in session, the rooms in dormitories'
are sometimes rented out for periods less than 30 days
to convention attendees and other visitors. When dor
-1
undergo this type of transient use, they more
closely resemble Group R-1.
Buildings containing dormitories often contain oth-
er occupancies, such as cafeterias or dining rooms
(Group A-2), recreation rooms (Group A-3) and office w
(Group B) or meeting rooms (Group A-3). When this
occurs, the building is considered a mixed occupancy ._a
and is subject to the provisions of Section 302.3 [see
Figure 310.1(4)].
Townhouses are classified as R-3. Florida Statutes .
require that where three or more dwelling units are at-
tached that they are to be considered as multifamily for
the installation of sprinklers.
R-3: Group R-3 facilities include all detached one and
two-family dwellings and multiple (three or more) single-
family dwellings (townhouses). Those buildings three
or less stories in height are regulated by the Florida
Building Code, Residential (see Section 101.2). Town-
houses have to be separated by party walls (see Sec-
tion 705.4.1) or by two exterior walls (see Table 602).
2004 FLORIDA BUILDING CODE® COMMENTARY
&STORY HOTEL
EXIT STAIRWAY
�---- EXIT STAIRWAY
Figure 310.1(1)
GROUP R-1—HOTEL
(OCCUPANTS ARE PRIMARILY TRANSIENT)
fied in Group R-2 include apartments, boarding houses
(when the occupants are not transient) and dormitories
[see Figures 310.1(2) and 310.1(3)].
Individual dwelling units in Group R-2 are either
rented by tenants or owned by the occupants. The code
does not make a distinction between either type of ten-
ancy unless the dwelling unit is located on a separate
parcel of land. When this occurs, lot lines defining the
land parcel exist and the requirements for fire separa-
tion must be met.
Dormitories are generally associated with univer-
sity or college campuses for use as student housing,
but this is changing rapidly. Many dormitories are now
being built as housing for elderly people who wish to
live with other people their own age and who do not
need 24 -hour -a -day medical supervision. The only dif-
ference between the dormitory that has just been de-
scribed and the dormitory found on a college campus
is the age of its occupants. If the elderly people must
have 24 -hour -a -day supervision (i.e., a nurse or doctor
on the premises), the building is no longer considered
a residential occupancy but an institutional occupancy
(Group 1-2 assuming greater than five occupants) and
would have to comply with the applicable provisions of
the code.
Similar to Group R-1, individual rooms in dormitories
3-50
are also required to be separated from each other by
fire partitions and horizontal assemblies in accordance
with Sections 310.3, 708.1 and 711.3. When college
classes are not in session, the rooms in dormitories'
are sometimes rented out for periods less than 30 days
to convention attendees and other visitors. When dor
-1
undergo this type of transient use, they more
closely resemble Group R-1.
Buildings containing dormitories often contain oth-
er occupancies, such as cafeterias or dining rooms
(Group A-2), recreation rooms (Group A-3) and office w
(Group B) or meeting rooms (Group A-3). When this
occurs, the building is considered a mixed occupancy ._a
and is subject to the provisions of Section 302.3 [see
Figure 310.1(4)].
Townhouses are classified as R-3. Florida Statutes .
require that where three or more dwelling units are at-
tached that they are to be considered as multifamily for
the installation of sprinklers.
R-3: Group R-3 facilities include all detached one and
two-family dwellings and multiple (three or more) single-
family dwellings (townhouses). Those buildings three
or less stories in height are regulated by the Florida
Building Code, Residential (see Section 101.2). Town-
houses have to be separated by party walls (see Sec-
tion 705.4.1) or by two exterior walls (see Table 602).
2004 FLORIDA BUILDING CODE® COMMENTARY
USE AND OCCUPANCY CLASSIFICATION
GUESTROOM
SEPARATION
WALLS
SLEEPING ROOMS WITH
ODMS
SECOND FLOOR
OFFICE STOR.
LUNCH ROOM
ITV/REC. ROOM
FIRST FLOOR
Figure 310.1(4)
GROUP R-2—DORMITORY
(OCCUPANTS PRIMARILY NOT TRANSIENT)
Buildings that are one- and two-family dwellings and
multiple single-family dwellings less than three stories
in height and which contain another occupancy (e.g.,
Groups R-1, R-2, 1-4, etc.) must be regulated as a
mixed occupancy in accordance with the code and are
not required to comply with the provisions of the Florida
Building Code, Residential [see Figures 310.1(5) and
310.1(6)]. In addition, all institutional facilities that ac-
commodate five or less people are to be classified as
Group R-3.
Buildings that are classified as Group R-3, while lim-
ited in height, are not limited in the allowable area per
floor as indicated in Table 503.
All dwelling units must be separated from each other
by fire partitions and horizontal assemblies (in accor-
dance with Sections 310.3, 708.1 and 711.3) unless
required to be separated by fire walls.
R-4: When a limited number of people who require per-
sonal care live in a residential environment, a facility
is no longer classified as Group 1-1 but as a residen-
tial care/assisted living facility, Group R-4. Ninety-eight
percent of households in the U.S. have less than 16 oc-
cupants, thus the limit of 16 would allow equal access
for the disabled. The number of occupants is those that
receive care and is not intended to include staff. With
the exception of height and area limitations, Group R-4
facilities must satisfy the construction requirements of
Group R-3.
3-52
310.2 Definitions. The following words and terms shall, for the';)
purposes of this section and as used elsewhere in this code, have
the meanings shown herein.
Definitions of terms that are associated with the content
of this section are contained herein. These definitions
can help in the understanding and application of the
code requirements. One should keep in mind, however,``;
that in many cases, terms defined in the code may also
be defined by ordinances and statutes of local and state
governments. In such cases, code users must focus on
the specific features that define the term relative to the `
code and not its generally held meaning.
It is important to emphasize that these terms are not
exclusively related to this section, but are applicable
everywhere the term is used in the code. The purpose
for including these definitions within this section is to
provide more convenient access to them without hav-
ing to refer back to Chapter 2. For convenience, these
terms are also listed in Chapter 2 with a cross refer-
ence to this section.
The use and application of all defined terms, includ-
ing those defined herein, are set forth in Section 201.
BOARDING HOUSE. A building arranged or used for lodging
for compensation, with or without meals, and not occupied as a
single-family unit.
A boarding house is a structure housing lodgers or
boarders in which the occupants are provided lodging
2004 FLORIDA BUILDING CODE® COMMENTARY
Meeting Type: Regular
Meeting Date: 04/03/07
AGENDA
Heading
Discussion
Item
4
No.
Discussion only.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION; ADMINISTRATIVE APPEALS RELATED TO THE ZONING CODE
OF ORDINANCES.
DEPT) DIVISION: LEGISLATIVE
Requested Action:
City Council review the Administrative Appeals Section of the Zoning Code of Ordinances.
Summary Explanation & Background:
Council Member Roberts expressed concern at the 03/06/07, City Council meeting that City Council
did not act upon appeals related to zoning code issues and requested a review and discussion about
the existing appeals process.
Discussion only.
Please Advise.
Exhibits Attached: City Codes 110-40; 110-87.
City Manager's Office.--,
Department
..
DIVISION 5. ADMINISTRATIVE APPEALS Page 1 of 1
DIVISION 5. ADMINISTRATIVE APPEALS
Sec. 110-40. Administrative appeals.
(a) Any final administrative decision regarding the enforcement or interpretation of this chapter,
where it is alleged there is an error by an administrative official, can be appealed as set forth in
this section. Any of the following may seek review of an administrative decision pursuant to this
section:
(1) City council;
(2) Planning and zoning board;
(3) Any person aggrieved or affected by any decision of the building official in the
interpretation of any portion of this chapter.
(b) Appeals shall be taken within 30 days after such administrative decision is made by filing a
written notice of appeal with the building official and the board of adjustment stating the name of
the decision maker, date of the decision, applicable code provisions and the specific grounds for
appeal. Upon receipt of the notice of appeal, the building official shall schedule the appeal
before the board of adjustment and transmit all documents, plans, papers or other materials
constituting the record upon whichthe action appealed from was taken.
(c) The board of adjustment shall be required to review all administrative appeals and prepare
written findings constituting its final decision on the administrative appeal based on the criteria
set forth in this section.
(d) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process;
(2) Whether the decision under review is supported by competent, substantial
evidence; and
(3) Whether the decision under review complied with applicable law, including a proper
interpretation of any provision under this chapter.
(e) An administrative appeal filed pursuant to this section stays all proceedings in furtherance
of the action appealed from, unless the building official from whom the appeal is taken certifies
in writing to the board of adjustment after the notice of appeal is filed that, because of facts
stated in the certificate, a stay would, in the building official's opinion, cause imminent peril to life
and property. In such case where the building official makes such certification, proceedings
shall not be stayed otherthan by an injunction, which may be granted by the board of adjustment
or issued by a court of competent jurisdiction.
(f) The board of adjustment shall have the right to reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or determination as ought to be made, and to that end,
shall have all the powers of the officers from whom the appeal is taken. The concurring vote of
four members of the board of adjustment shall be necessary to reverse any order, requirement,
decision or determination of the building official.
Secs. 110-41--110-85. Reserved.
http://Iibraryl.municode.com/mcc/DocView/12642/l/254/256/261 3/15/2007
DIVISION 1. GENERALLY
Page 1 of 1
Sec. 110-87. Interpretation of chapter.
It is the intent of this chapter that all questions regarding the interpretation and application of the
provisions of this chapter shall be first presented to the building official and that such questions shall be
presented to the board of adjustment only on appeal from the decision of the building official and that
recourse from the decisions of the board of adjustment shall be to the courts as provided by law. It is
further the intent of this chapter that the duties of the city council in connection withthis chapter shall not
include hearing and deciding questions of interpretation and enforcement that may arise. The
procedure for deciding such questions shall be as stated in this section and this chapter. Under this
chapter the city council shall have only the duties of:
(1) Considering and adopting or rejecting proposed amendments or the repeal of this
chapter, as provided by law; and
(2) Establishing a schedule of fees and charges.
(Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94; Ord. No. 02-2006, § 2, 3-21-06)
http://Iibraryl.municode.com/mcc/DocView/12642/l/254/262/263 3/15/2007
Meeting Type: Regular
Meeting Date: 04/03/07
AGENDA
Discussion
E
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION; FLORIDA COMMUNITIES TRUST GRANT APPLICATION.
DEPT) DIVISION: LEGISLATIVE
Requested Action:
City Council discuss the potential park improvements and project name for the Florida Communities
Trust Grant Application.
Summary Explanation & Background:
The Trust for Public Land is working on the Grant Application for the 4.2 Acre riverfront site located at
7625 N. Atlantic Avenue, Carver's Cove.
To finalize the Grant Application, City Council needs to propose how this site will be utilized and
propose improvements that will be in the Management Plan. Also, a name needs to be selected for
the project.
Please Advise.
Exhibits Attached:
City Manager!;3 Office I Department
Meeting Type: Regular
Meeting Date: 04/03/07
AGENDA
Discussion
E
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION; NORTH ATLANTIC AVENUE ROADWAY IMPROVEMENTS.
DEPT./ DIVISION: PUBIC WORKS/ STREETS
Requested Action:
City Council review and comment on the proposed North Atlantic Avenue Roadway improvements.
Summary Explanation & Background:
The County's consultant, Dyer, Riddle, Mills and Precourt, has prepared a construction cost estimate,
before and after renderings for the North Atlantic Avenue roadway segment between Central Blvd.
and George King Blvd.
Estimated construction costs = $1,366,078.
Discussion Only.
Exhibits Attached: Construction estimate/ Before & After Renderings.
City Mannees,Office ��r ;� I Department
NORTH ATLANTIC AVENUE ROADWAY
ENGINEER'S COST ESTIMATE
REF.
PAY ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
NO.
NO.
1
LS
N/A
$100,000
1
101-1
Mobilization
1
LS
WA
$$4, 000
2
102-1
Maintenance of Traffic
24
EA.
$200.00
$4,800
3
104-10-1
Ha bales
3,500
L.F.
$4.00
$14,000
q
104-13
0
Staked Silt Fence
1/2.4
LS/AC
$8,753.73
$21,009
5
1 -13
Clearin and Grubbing
Jun -16
LS/C.Y.
$6.00
$36,000
6
120-1
Re uiar Excavation
1/400
LS/C.Y.
$8.75
$3,500
7
120-6
160-4
Embankment
Stabilization, T B' 12" Thick
8,600
S.Y.
$5.00
$43,000
6
9
285702991,
Cemented Coquina Shell Base Course 9" Thick
7336
S.Y.
$
$133.8.8 5
$56,, 4
$101,6604
10
331-72-22
T 'S' Asphaltic Concrete 2 1/2" Thick
7336
S.Y.
TN.
$100.00
$58,700
11
337-7-5
As haltic Concrete Friction Course 1 1/2" FC -6
587
$89
12
339-1
As halt Pavement Micellaneous Contin enc
1
TN.
$89.21
$4,202
13
400-1-15
Concrete Class I Micellaneous Contin enc
10
C.Y.
L. F.
$420.18
$20.00
$73,360
14
520-1-10
Concrecte Curb and Gutter 'F'
Incl. Dwys & Walkarounds
3668
4890
S.Y.
$45.00
$220,050
15
522-2
Concrete Pedwa 6"
2323
S.Y.
$9.78
$22,719
16
17
575-1
575-1-4
Sodding
Sodding St Augustine) (Contingency)
100
S.Y.
LS
$2.36
$33,400
$236
$33,400
18
19
Si n rkina
Draina e-Exfiltration/Storm Sewer SJRWMD Permit
1
1
LS
$200,000.00
$200,000
TOTAL =
$1,092,862
25% CONTINGENCY =
$273,216
TOTAL=
$1,366,078
Note: This estimate does not include any proposed RNV costs.
Project Schedule
Final design - 4 Months (Based on 2 Week City/County Review Periods)
Estmated Construction Time - 12 Months
C:\Documents and Settings\kshingledecker\Local Settings\Temporary Internet Files\OLKB\BidTabSheet Roadway.xls