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HomeMy WebLinkAboutPacket 03-21-2006 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY March 21, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: City Council Regular Meeting Minutes of March 7, 2006. 2. Proclamation for National Fair Housing Month. 3. Resolution No. 2006-10; Appointing a Regular Member to the Business & Cultural Development Board (S. Roberts). 4. Cooperative Purchase of Playground Equipment for Cape View Park in the Amount of $26,917.26. CONSIDERATIONS: 5. Motion to Approve: Approval of the Annual Audit for the Year Ending September 30, 2005. SITE PLANS: 6. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. 7. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. 8. Motion to Approve: Development Agreement with Canaveral Bulk Storage, Inc. and Ambassador Services, Inc. 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 March 21, 2006 Page 2 of 3 9. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant. ORDINANCES: Second Reading: 10. Motion to Adopt: Ordinance No. 01-2006; An Ordinance of the City Council of the City of Cape Canaveral, Florida, Extending the Moratorium on Accepting Applications and Issuing Special Exceptions under Section 110-334(10) of the City Code Regarding Residential Uses within the C-1 Commercial Zoning District only Along the A1A Highway Corridor for a Period of Six (6) Months; Providing for the Business and Cultural Development Board to Conduct a Survey of the City's Residents Regarding what Kinds of Businesses the Residents Desire Along the Al A Highway Corridor; Providing for the Planning and Zoning Board to Evaluate Potential Problem Areas Along the A1A Highway Corridor should Special Exceptions Along Al A be Permanently Discontinued; Authorizing One Sixty (60) Day Extension of the Moratorium to the Extent Necessary; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions, and Providing For an Effective Date, at Second Reading. 11. Motion to Approve: Ordinance No. 02-2006; Amending Chapter 110, Zoning, Clarifying the Building Official's Duties; Clarifying the General Requirements for a Building Permit; Amending Building Permit Application Requirements, at Second Reading. DISCUSSION: 12. Ballot Question Amending the City Charter, Article III, Section 1, Elected Officers, Qualifications and Terms. REPORTS: 1. City Manager 2. Staff 3. 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. City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 7, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:03 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Public Works Director Ed Gardulski PRESENTATION: Marine Resources Council Ms. Beth McMillen, Assistant Director for the Marine Resources Council, opened with information on invasive plant species. Ms. McMillen stated that the Florida Department of Transportation created a plan to address the National Scenic Byway that extends from Titusville to Wabasso on State Road US 1. She noted that the Brazilian Pepper as the most prominent of the invasive species. Ms. McMillen explained the plan to educate the public, seek funding, apply for permits and recruit and train volunteers and provide maps of the corridors. She informed the Marine Resources Council would assist with grant writing for public entities and would also remove Brazilian Peppers without charge on private lands between the corridor and the lagoon shoreline. The Scenic Byway Corridor Management Committee meets on the second Wednesday of every month in Palm Bay. Ms. McMillen welcomed public participation. She closed by saying that the Marine Resources Council seeks to extend the corridor from Wabasso to the Treasure Coast Scenic Byway. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 2 of 10 CONSENT AGENDA: City Council Regular Meeting Minutes of February 21, 2006. 2. Renewal of Turf Area Fertilization, Insect, Disease and Weed Control Services with Black's Spray Service, in the Amount of $14,760. 3. Renewal of the Landscaping and Mowing Contract with Nick's Lawn Service, Inc. in the Amount of $149,100. 4. Emergency Repair of the Wastewater Plant Generator Transfer Switch. 5. Outdoor Entertainment Permit for Community Celebration at Manatee Sanctuary Park. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 5. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 6. Motion to Approve: First Amendment to the Solid Waste Agreement with Waste Management Mr. George Geletko of Waste Management, Inc. addressed the Council and stated that the amendment to the Contract incorporated the 96 -gallon Cart container use. Mr. Geletko informed that residents would receive information on the Cart System on March 16th as part of the Education Program and the collection program would start on May 1St Mayor Randels explained that the Cart System would reduce the number of people needed for operation to one employee with an automated system and thus reduce the company's Worker's Compensation costs. Mr. Geletko stated that the system would improve the neighborhood aesthetics as well as improving efficiency to the City's stormwater system. Mayor Randels noted that the green waste would be picked up on Monday; however their garbage pick days would change to Wednesday and Saturday. Mr. Nick Stephanovich asked if there was a size limitation for green waste. Mr. Geletko replied that there was no restriction on what is placed in the container. Mr. Geletko informed that two 96 -gallon containers would be delivered to each household. Mr. Geletko replied to Mr. Nicholas that City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 3 of 10 the Solid Waste contract would not expire for three and one-half years. Mayor Randels stated that any concerns should be forwarded to Kim McIntire, Executive Assistant, in the City Manager's office at 321-868-1230. Mr. Donald Dunn asked about receiving a smaller cart. Mayor Randels replied that a 64 -gallon cart was available. Mr. Geletko informed that during the first 90 days of operation residents could change to the 64 -gallon containers at no charge. He asked the Mayor to meet with the residents of those with homes of a zero lot line. Mr. Boucher related that Mr. Kenny Rivera had identified problem areas. Mayor Randels clarified that the amendment does not extend the contract duration. Mr. Petsos inquired about any problems with stolen carts. Mr. Geletko replied that each cart is bar coded. Mayor Pro Tem Hoog inquired about recycling the old containers. Mayor Randels suggested contacting Keep Brevard Beautiful to assist in the recycled container collection. Mr. Geletko informed that Satellite Beach, Indian Harbor, Indialantic were interested and Melbourne Beach would phase-in in 2007. Also, Palm Bay, Melbourne, Cocoa and Cocoa Beach would subsequently phase in. He affirmed to Mayor Pro Tem Hoog that future residents would have three containers to include one for recycling. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve a First Amendment to the Solid Waste Agreement with Waste Management. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Engineering Consulting Services from Brown and Caldwell for Florida Department of Environmental Protection Operating Permit Renewal in the Amount of $24,830. Mayor Randels explained that the Wastewater Treatment Plant required a Florida Department of Environmental Protection operating permit that is due for renewal by May 25, 2006. Mr. Ted Hortenstine of Brown and Caldwell, Inc. stated that a six-month period was needed for review. He informed that several reports required updating such as: Capacity Analysis, Operations and Maintenance Performance, Reclaimed Water Operating Protocol and a Reuse Feasibility Study. He stated that the firm noted a deficiency in the record drawings and would perform a survey. Mr. Hortenstine affirmed for Mayor Randels that the permitting package would be completed in sufficient time. Mayor Randels clarified that the permitting fee was budgeted; however, the engineer's consulting cost was not a budgeted item. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Engineering Consulting Services from Brown and Caldwell for Florida Department of Environmental Protection Operating Permit Renewal in the Amount of $24,830. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 4 of 10 8. Motion to Approve: North Atlantic Avenue Widening Project Engineering Proposal from Dyer, Riddle, Mills & Precourt, Inc. in the amount of $94,314.40. Mayor Randels stated that Transportation Impact Fees would fund the engineering cost. He thanked Harriet Raymond for her work as County Project Coordinator. He outlined the project scope as: design survey, road right-of-way, and engineering and geotechnical services. Mayor Pro Tem Hoog asked if the costs were as projected during discussion. Mr. Boucher replied that costs have increased since the project was first discussed and he outlined some of the improvements as: widening to a three lane urban roadway with curb and gutter and sidewalks, improving the drainage system, and if possible, installing underground utilities on the west side of the road. The County bid the project and would coordinate with staff and the Port Authority and also give Dyer, Riddle authorization to proceed. Mr. Boucher affirmed to Mr. Nicholas that the County would provide total costs for performing the finished work. Mr. Nicholas asked if the County would relinquish the road. Mr. Boucher replied that acquiring the roadway should follow the improvements. He informed that funding was set aside through the Local Option Gas Tax for paving North Atlantic Avenue and would be presented in an upcoming Interlocal Agreement. Mr. Nicholas also suggested a combined storm drainage and roadway improvement plan. Mr. Petsos suggested forwarding a copy of the engineering proposal from Dyer, Riddle, Mills and Precourt to the Port Authority for assistance with the road expenditure. He stated that the Port Charter, Article IV, Section 19(a) allows fund expenditure for roadways surrounding or adjacent to the Port. Mr. Boucher replied that the City would coordinate efforts with the engineers. He replied to Mayor Randels that intersection improvements are anticipated before summer 2006. Mr. Boucher replied to Mayor Pro Tem Hoog that the County would use its road and bridge crew on the project depending upon their schedule. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the North Atlantic Widening Project Engineering Proposal from Dyer, Riddle, Mills & Precourt, Inc. in the Amount of $94,314.40. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 9. Motion to Approve: Ranking for RFP No. 06-01 for Continuing Concrete Construction Services. Mr. Jeff Ratliff informed that the City advertised this bid in January of 2006 for smaller concrete projects. He announced Gibbs and Register, Inc. as the first ranked firm and Mudrak, Inc. as the second ranked firm. Mr. Ratliff replied to Mayor Pro Tem Hoog that J & S Curb did not respond to the request. Mayor Pro Tem Hoog expressed concern with paying larger fees for projects that could be performed locally at a lesser expense. Ed Gardulski, Public Works Director, stated that the Department would attempt to plan ahead and combine projects for efficiency of costs. Mayor Randels explained that the City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 5 of 10 Competitive Contractor's Negotiation Act requires the City to negotiate with the firm ranked first and if no negotiated contract is met, to proceed to the firm ranked second. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Ranking for RFP No. 06-01 for Continuing Concrete Construction Services. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. Council Member Morgan disclosed that he submitted a Conflict of Interest form due to his financial interest in the project and he would not vote on the subject. Mr. James Morgan, Jr. stated that he submitted copies of the completed tree hazard evaluation forms from City Forester. Mr. Boucher informed that the City Arborists concurred with the findings. Mr. Morgan, Jr. explained that T-1 describes the 48 -inch tree and T-2 the 34 -inch tree. He informed that both trees have identified problems. Mayor Randels read the hazard synopsis on the T-1 tree located in the lot's center as, "Roof flare 12" plus under soil line from past grade change and fill soil has been added to the east side which covers about 25% more of the root mass to a depth of more than 12 -inches on top of the first till, if final grade adds soil to this, the tree will be stressed into a decline to a rate depending on the percentage of stored carbohydrates. Target rating assess with site character after construction and residence living on property. Tree removal recommended if grade is raised and/or more than 10 percent of roots are to be removed in construction or removal of more than 10 percent of live crown ratio (foliage). Core test (shows fiber breakdown about 3 -inches into trunk) 3 samples taken, plus cavity opening (5 inches wide, 48 -inches high) shows strength loss threshold to be about 64 percent in the trunk. " Mayor Randels inquired if the tree removal were recommended. Mr. Morgan, Jr. replied that page two under hazard abatement called for tree removal. Mayor Randels clarified that a point system was used to identify a tree's hazard from one as a low to twelve as a high. Mr. Morgan, Jr. explained that a total of the categories comprised the level of hazard. Mayor Pro Tem Hoog questioned why the second tree was not rated like the first. Mr. Morgan, Jr. explained that the smaller tree had an included bark that weakens the tree's structure. The Arborist also indicated an inundated canopy and an angle. Mr. Morgan, Jr. stated that the smaller tree has a multi -trunk. Mayor Randels read the hazard synopsis on the T-2 located on the northwest corner of the lot as, "Low live crown ratio, poor tree structure (low co -dominants) and lean percentage high, tree in high street (crown class - suppressed), Site stress under construction/grading and removal of suppressing plants will add sunscald and higher rate of stress. Removal and/or replacement recommended. " Mr. Morgan, Jr. affirmed that the Arborist is State certified. Mayor Pro Tem Hoog questioned if the smaller tree was leaning 90 -degrees from vertical. Mr. Morgan, Jr. affirmed. He confirmed for Mayor Randels that the two trees were identified as 34 -inches and 27 -inches and not 48 -inches for the larger tree as stated on the survey. Mayor City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 6 of 10 Randels read from Code Section 102-41 that outlines the criteria for specimen tree removal. Mayor Pro Tem Hoog referred to the 34 -inch tree and concluded that based on the hazard information the tree was in poor condition. He noted that the smaller tree had identifiable problems and the Arborist recommended its removal and/or replacement. Mr. Petsos stated that he would like to see a hazard rating on the smaller tree. Mr. Nicholas stated that the larger tree received a poor grade; however, the small tree did not appear to suffer from the same maladies. Mr. Morgan, Jr. informed that the smaller tree has a split trunk that is detrimental to its structure. Mr. Nicholas concurred with the tree's removal based on identified hazards. Mayor Pro Tem Hoog inquired about the applicant's potential recourse on the City if the second tree is not removed and it imposes a future hazard. Attorney Garganese stated that the City has certain sovereign immunity rights with respect to permitting; however, the City code specifically exempts diseased trees from the definition of specimen trees. The Council would hear all the competent substantial evidence presented and would make its determination on the evidence that the trees in question are diseased, if so then they are not specimen trees and can be removed by permit of the Building Official. If the determination on one tree is that it is diseased, then the other tree is subject to removal or replacement as a specimen tree. Council needs to determine if one or both trees are diseased. Mr. Morgan, Jr. stated that the City staff concurred with the analysis. Attorney Garganese explained that the intent of the ordinance is to remove diseased trees. He advised that the Council could table the matter until hearing from the Arborist and City staff. Mayor Randels read City code section 102.40 and questioned if a hardship were created. Mr. Boucher explained that thapplicant could seek relief by ascertaining the tree's health or through adjusting the building footprint. Mr. Morgan, Jr. informed the Council that he would have the Arborist complete the report on the smaller tree and also coordinate with the City's arborist for an on-site inspection. Mr. Morgan, Jr. asked to receive Site Plan approval contingent upon the stated conditions. Mr. Boucher agreed to coordinate a site inspection with both Arborists. Mayor Pro Tem Hoog concurred. Attorney Garganese recommended having the Arborist consultant and the City Arborist at the next meeting to answer questions. Discussion concluded to have the Arborists meet on-site and submit completed reports in which the Arborists are in agreement. Mayor Randels concluded that Council would not proceed to vote on the item until the stated recommendation was met. Ms. Karen Johnson, 346 Coral Drive, displayed a photo of the tree and referred to an article that identified live oak as a wind resistant species. She asked if the Council would seek assistance from the University of Florida Cooperation Extension. Mr. Boucher informed that the City has a Certified Arborist on staff. Ms. Judy Lau of 211 Coral Drive posed two questions: 1) were the trees healthy, if they are not, then the tree should be removed, and 2) if either one or both are healthy, does refusing or denying the application to remove the trees constitute a hardship to Mr. Morgan, Jr? Ms. Lau concluded that if the trees were not healthy, then they need to be removed. Mr. Joe Ross, co-owner of 227 Coral Drive referred to Code section 102-40(b)(3) under Permit Exceptions that outlines City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 7 of 10 the requirements for a dead or seriously damaged tree's removal. The Arborist must determine if the tree is unhealthy and/ or is it a serious threat. Attorney Garganese stated that the Council does not have the data to question if the trees were a health hazard. Mr. Ross suggested an unbiased Certified Arborist. Attorney Garganese explained that during a quasi-judicial proceeding the applicant has the burden of proof to secure evidence and expert testimony. Council's decision should be made based on the weight of the evidence. It is not Council's task to independently weigh the evidence, but to use its resources to make a decision. Attorney Garganese restated his recommendation to have the Certified Arborist in the audience to answer questions. Mr. Boucher asked the Council if they believed a hardship exists. Mayor Randels stated that he did not see a hardship. Mayor Pro Tem Hoog said that the City code provides a remedy for hardships. He expressed how he has received unfavorable feedback on how people are affected in building and business when they address City Boards. Mr. John Johansen of 310 Adams Avenue stated that trees exist on most vacant property. He expressed that opposite extremes are being addressed between saving trees and what is being removed for less appealing buildings. Mr. Ross stated that the discussion is specimen trees, not all trees. He referenced the City code that states, "except for extraordinary circumstances or hardships, tree removal was not allowed." Mr. Boucher stated that the applicant was required to mitigate under the Code if the second tree met the hardship requirement. He would need to replace the one tree with 11 trees of a 3 -inch depth breadth diameter, and/or paying $2,750 in the tree bank. Council concluded that the applicant was willing to mitigate the tree. Attorney Garganese replied that if the hardship were not met, then the specimen tree would stay and Mr. Morgan, Jr. could appeal that decision to the Circuit Court. Attorney Garganese stated that the record reflect the Council's desire to have both Arborists present. Discussion provided that agreement in the report would not require having both Arborists present. However, Council requested their presence and the item would be placed at the beginning of the Agenda. For the record, the City Attorney stated that the Arborists needed guidance to provide evidence. Item No. 10 was postponed until the next City Council meeting on March 21, 2006. SITE PLANS: 11. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. Item No. 11 was postponed until the next City Council meeting on March 21, 2006. Mr. Morgan requested for Council to hear Item No. 14 due to lateness of the hour. The Council agreed. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 8 of 10 RESOLUTION: 14. Motion to Approve: Resolution No. 2006-08; Preliminary Replat Villagio Del Mar — Block 6, Lots 1 & 2, Avon by the Sea, (Washington Avenue) — Ronald Wallen, Applicant. Mayor Randels read Resolution No. 2006-08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY RE -PLAT OF "VILLAGIO DEL MAR"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels clarified that the request is for two, not three residential units. Mr. Morgan disclosed that he submitted a Conflict of Interest form due to his association with the project. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Resolution No. 2006-08. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Reading: 12. Motion to Approve: Ordinance No. 02-2006; Amending Chapter 110, Zoning, Clarifying the Building Official's Duties; Clarifying the General Requirements for a Building Permit; Amending Building Permit Application Requirements, at First Reading. Mayor Randels read Ordinance No. 02-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE BUILDING OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Approve Ordinance No. 02-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 9 of 10 RESOLUTIONS: 13. Motion to Approve: Resolution No. 2006-07; Supporting Adoption of an Ordinance by the Board of County Commissioners of Brevard County Levying a One Percent Discretionary Infrastructure Sales Surtax for Five Years Subject to Voter Approval in a November 7, 2006 Referendum. Mayor Randels read Resolution No. 2006-07 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING ADOPTION OF AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY LEVYING A ONE PERCENT DISCRETIONARY INFRASTRUCTURE SALES SURTAX FOR FIVE YEARS SUBJECT TO VOTER APPROVAL IN A NOVEMBER 7, 2006 REFERENDUM; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. Mayor Randels reviewed the list of surtax funding items as: 1) widening N. Atlantic Avenue to three lanes, with sidewalks and street lighting, and 2) reconstruction of roadway, sidewalks and street lighting for Ridgewood Avenue. Mr. Petsos expressed concern that the County has not yet provided disclosure of City tax funding. Mayor Pro Tem Hoog informed that the City of Melbourne, not the County, submitted the Resolution for support through the Space Coast League of Cities. Mayor Randels concluded that the Surtax was for a specified amount over a specified time. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to Approve Resolution No. 2006-07. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to extend the meeting to 10:30 P.M. Motion carried unanimously. 15. Motion to Approve: Resolution No. 2006-09; Supporting House Bill 313 — Clean Ocean Act. Mayor Randels read Resolution No. 2006-09 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING HOUSE BILL 313 — CLEAN OCEAN ACT. For the record, Mr. Petsos requested that the Resolution include support of Senate Bill 732 submitted by Senator Haridopolos. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Resolution No. 2006-09. The vote on the motion carried 5-0 with voting as follows: City of Cape Canaveral, Florida City Council Regular Meeting March 7, 2006 Page 10 of 10 Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 16. Consideration of an Offer to Sell the City Lot 3 (Harbor Heights West Subdivision). Mr. Boucher informed that the project is subject to a Special Exception and the Appraisal used allowable development scenarios of 1) with a development of a single-family, 1 or 2 family dwelling, the appraised value would be $260,000, 2) for three units that is the pending Special Exception, the $340,000 asking price is not an unreasonable asking price. Ms. Hanson reported costs of $100,000 to develop the lot into a neighborhood park. Mayor Randels pointed out that the Recreation Director noted that parking and some other amenities were not practical. Mr. Boucher replied to Mr. Nicholas that the Appraiser declined addressing commercial as not the highest and best property use. Ms. Arlene Valesteri suggested a dog park outlining the need. Judy Lau suggested a walk through park. Mr. Nicholas noted that a park in the northeast section of the City was once discussed. Mayor Pro Tem Hoog expressed concern with spending $340,000 for a dog park. Mr. John Johansen related that he was not agreeable to selling for less than $340,000. A motion was made by Mr. Nicholas to purchase the property at the asking price of $340,000. Motion failed for a second. Mayor Pro Tem Hoog expressed that he was not in favor of purchasing a park that the Recreation Director did not endorse. Attorney Garganese stated that the Board of Adjustment decision was not a deciding factor with respect to the Property Appraiser. Ms. Lau stated that the property is zoned commercial; however, there is no access to a major arterial road. She emphasized that if the Board of Adjustment does not agree to the Special Exception, the developer could still build commercial. Mr. Johansen clarified for the record that before he went to the Planning and Zoning Board, he approached the neighbor to sell the property. Mayor Randels concluded that the City was not interested in purchasing the property; therefore, Mr. Johansen would proceed to the Board of Adjustment on March 13th for a Special Exception. Due to the lateness of the hour, no reports were forthcoming. ADJOURNMENT: The Chair adjourned the meeting at 10:45 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, the Congress of the United States passed the Civil Rights Act of 1968, of which Title VII declared that the law of the land would now guarantee the rights of equal housing opportunity; and WHEREAS, Fair Housing organizations such as the Florida Commission on Human Relations, the Department of Housing and Urban Development (HUD), and the Fair Housing Continuum, Inc., a Brevard County based organization, have, over the years, worked toward successfully implementing all facets of the Fair Housing Act and have received complaints of violations to the Fair Housing Act; and WHEREAS, the Brevard County HOME Consortium, a partnership of Brevard County and local municipalities including Cape Canaveral, Palm Bay, Melbourne, Cocoa, and Titusville, which was formed to receive federal HOME investment Partnership funds for housing related activities, supports the efforts of Fair Housing Organizations; and WHEREAS, the Fair Housing Continuum, Inc. is a community based fair housing enforcement agency that addresses complaints received, investigates, attempts resolution, develops resources to provide fair housing assistance, and assists community leaders and industry on fair housing policy and practices; and WHEREAS, equal housing opportunity is a condition of life in our city, county and sate that can and should be achieved. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of April, 2006 as NATIONAL FAIR HOUSING MONTH In the City of Cape Canaveral, and express the hope that this year's observance will continue to promote fair housing practices throughout the city, county and state of Florida. Ilar-07-1006 11:39am From -FAIR HOUSING CON„_ +3216336198 T-800 P.002/002 F-632 IF 4 (ftfij Uf FiFlm pnv, X10fibn ' C NOTICE AND PROCLAMATION OF I NATIONAL FAIR HOUSING MONTH April 2005 IT IS HEREBY PROCLAIMED BY THE MAYOR OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, that: WHEREAS, the Congress of the United States passed the Civil Rights Act of 1968, of which Title VI I declared that the law of the land would now guarantee the rights of equal housing opportunity, and WHEREAS, Fair Housing organizations such as the Florida Commission on Human Relations, the Department of Housing and Urban Development (HUD), and the Fair Housing Continuum, Inc-, a Brevard County based organization, have, over the years, worked toward successfully implementing all facets of the Fair Housing Act and have received complaints of violations to the Fair Housing Act, and WHEREAS, the Brevard County HOME Consortium, a partnership of Brevard -County and local municipalities including Palm Bay, Melbourne, Cocoa, and Titusville, which was formed to receive federal HOME investment Partnership funds for housing related activities, supports the efforts of Fair Housing Organizations, and WHEREAS, the Fair Housing Continuum, Inc. is a community based fair housing enforcement agency that addresses complaints received, investigates, attempts resolution, develops resources to provide fair housing assistance, and assists community leaders and industry on fair housing policy and practices, and WHEREAS, equal housing opportunity is a condition of life in our city, county and state that can and should be achieved - NOW, THEREFORE, 1, John J. Mazziotti, Mayor of the City of Palm Bay, by virtue of the authority of said office, do hereby proclaim the month of April 2005, as: NATIONAL FAIR HOUSING MONTH in the City of Palm Bay, Florida, and express the hope that this year's observance will continue to promote fair housing practices throughout the city, county and state of Florida. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Bay to be affixed this Seventh day of April, Two Thousand Five. �eAA -4 l in J. Ma iotti, MAYOR ATTEST: Alice Passmore, CITY CLERK Mar -01-2006 11:39am From-FAjK ,— ffrIIUM 0 1 +3216335198 T-800 P.001/002 F-632 Fair Housing Continuum, Inc. 840 N. Cocoa Blvd, Suite F. Cocoa, Florida 32922 Telephone: (321) 633-4551 Toll Free: (888) 264-5619 Fax: (321) 633-5198 E -Mail_ fairhousing32922Qbe11sourh_not FOCSIM118 tMRSMISSIOR 9 0 a The ,nforrnanon conramc:4 in T16 facstmilc is pnr,lcged and intended only for Vlc uoc of the addressee named gloovc If the rrader of this mcasap's not Me rntcnded rexepteni, you arc hereby nonx1ca that a,stnbunon or copy1n6of this corr¢nunrcat,on ,a strictly proh,b,tcd. If you hnvc rcrcavcd this commumcaUon lr, error, Pi=sc rmtncd>ulcly nOnfy uS Dy Tc[cpnonr arra rCiUTn Inc "ong]nal" faCS,Trlilc Lo us'st the about 3dtlrcea Tktank you Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Consent Item 3 No. Resolution No. 2006-10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-10, APPOINTING A REGULAR MEMBER TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-10, appointing Shannon Roberts as a regular member of the Business & Cultural Development Board. Summary Explanation & Background: Mrs. Roberts is currently a first alternate member. Term will expire 06-01-2008. Exhibits Attached: Resolution No. 2006-10 City Manager=s -.Office -/ Department LEGISLATIVE ca4ae im\m docume s admin\count 1\meeting\2006\03-21-06\2006-10 doc RESOLUTION NO. 2006-10 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 Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Shannon Roberts 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, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of March, 2006. Rocky Randels, Mayor ATTEST: Susan Stills, City Clerk Robert Hoog James Morgan Leo Nicholas Buzz Petsos Rocky Randels Approved as to Form: Anthony A. Garganese, City Attorney For Against Meeting Type: Regular Meeting Date: 03/21/06 AGENDA Heading Consent Item 4 No. Bid SC -0549-03. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF PLAYGROUND EQUIPMENT FOR CAPE VIEW PARK DEPT./DIVISION: PARKS AND RECREATION Requested Action: City Council consider approval of the cooperative purchase of playground equipment for Cape View Park, from Playmore Recreational Products and Services in the amount of $26,917.26, as recommended by the Parks and Recreation Director. Summary Explanation & Background: This is a budgeted item, funded with Recreation Impact Fees, using the City of Jacksonville Bid SC -0549-03. I recommend approval Exhibits Attached: Parks and Recreation Director's Memo City Manager's. -Office Department PARKS & RECREATION cape- mydocu nts\admm council\mee \03-21-06\capeview.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 e-mail: paknrccercarth ink.nct MEMO: TO: Mayor, Council Members, City Manager FROM: Nancy Hanson DATE: March 13, 2006 RE: Equipment purchase for Cape View Park Permission to purchase a playground structure, 4 benches and 2 trash receptacles from Playmore Recreational Products & Services. This equipment is for the playground at Cape View Elementary School. The total price is $26,917.26, which includes delivery and installation by the vendor. The purchase is being made as a cooperative bid with the City of Jacksonville, thus saving the City $1875.70. have been working closely with Sharon Horton on this project and she is very pleased with this piece of equipment for the playground. FLAYMOR QUOTATION DATE QUOTE # 3/7/2006 9826A Recreational NAME/ADDRESS Products & Services Nancy Hanson -City of Cape Canaveral www.plinoreonline.com 7300 N. Atlantic Ave. 10271 Deer Run Farms Road, Suite 1 Cape Canaveral, FL 32920 P:321-868-1227 Fort Myers, FL 33912 F: 321-868-1248 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free Tel 321-868-1227 Fax APPROX SHIP TERMS FOB REP PROJECT 5/12/2006 Net 30 Origin TRP Cape View Park - PG Option 3 ITEM DESCRIPTION QTY COST SUB -TOTAL Challengers Playworld. Custom Play Structure. Drawing # Opt 3. 1 15,758.00 15,758.00 9400 Playworld. Border Timber. 6'. 19 55.00 1,045.00 9430 Playworld. Border Timber. 4'. 1 50.00 50.00 1414 Playworld. PlayArmo r -Coated Trash Can, Outer Can 2 215.00 430.00 Only. 1410 Playworld. Permanent P1ayArmour Tops & Frame. 6' 4 318.00 1,272.00 Perforated -Steel Benches. 1415 Playworld. In -Ground Mount for PlayArmour-Coated 2 34.00 68.00 Trash Can. 1418 Playworld. Optional Metal Cover w/Cable Attachment. 2 67.00 134.00 Subtotal 18,757.00 Discount JAX Discount. City of Jacksonville SC -0549-03. 10% -1,875.70 -1,875.70 Woodcarpet Zeager. Engineered Wood Fiber. Per Cubic Yard. City 52 16.25 845.00 of Jacksonville SC -0549-03. Duraliner Zeager. Geotextile Fabric. Per Roll. City of 1 149.00 149.00 Jacksonville SC -0549-03. Freight Playworld Freight to Cape Canaveral, FL 32920. 1 1,995.00 1,995.00 Freight Zeager Freight to Cape Canaveral, FL 32920. 1 393.00 393.00 *Price does not include installation or any additional materials or services. SUB -TOTAL $20,263.30 SALES TAX (6.0%) $0.00 TOTAL $20,263.30 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. Sales Tax will be charged unless a copy of a valid Sales Tax Exemption Certificate is presented with order. Specify all color selections in writing. Any discrepancies that arise due to oral color selections will be the responsibility of the customer. If customer is installing equipment, all equipment is to be installed per manufacturer's instructions and appropriate guidelines such as ASTM and CPSC. This proposal is for equipment only. Sealed engineered drawings (typically $1,000 per drawing) are available for an additional charge unless otherwise noted. Installation, site work, etc. are not included and if desired will be quoted and contracted separately. ACCEPTANCE SIGNATURE DATE P.O ,PLAYMORE Recreational Products & Services www.p!Mmoreonline.com 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33912 (239) 791-2400 (239) 791-2401 fax (888) 886.3757 toll free TERMS QUOTATION REP I DATE I QUOTE # I 3/7/2006 1 9827A I NAME/ADDRESS I Nancy Hanson -City of Cape Canaveral 7300 N. Atlantic Ave. Cape Canaveral, FL 32920 P: 321-868-1227 F: 321-868-1248 Tel 321-868-1227 I Fax PROJECT Net 30 TRP Cape View Park - PG Option 3 Installation ITEM DESCRIPTION QTY COST TOTAL Installation Installation of Playworld Equipment per quote 9826A. 1 5,908.46 5,908.46 City of Jacksonville SC -0549-03. Installation Installation of Zeager Products per quote 9826A. City of 1 745.50 745.50 Jacksonville SC -0549-03. 'Price does not include any additional materials or services. SUB -TOTAL $6,653.96 SALES TAX (6.0%) $0.00 TOTAL $6,653.96 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. This proposal is for installation and related services only. No equipment is included in this proposal. Cost for building permits are not included. If required, customer is reponsible for charges ($500 plus 110% of permit costs). Sealed engineered drawings (typically $1,000 per drawing) are available for an additional charge unless otherwise noted. A signed "Installation Terms and Conditions" must be completed. If this is not completed and this proposal is accepted, the "Installation Terms and Conditions" will become in effect as is without customer changes and/or notations. ACCEPTANCE SIGNATURE DATE P.O. # -0 rF^ Mal U /�•1 C-✓ V _ Q 2 # N ¢ a v :n r ygG a: aCO <� of '� Q U ®� � �❑ � t t d N ii v p 3 = 7 a f° 0 N M � U U a €LLM c �` m o y f° T °O d d � . ll N O N E m a 0 `* co W # � 7 v cD " � O 5 N N # 0 N oJo \`� �<� W" Y K m F No mmom 999 /I p < I LL 0 Q iron. U) U) z r.s r}}iP qR Q LLI f:.,:•:{' ? '" •r''i• f :: hY.. .t.• 1. U Y Q N \ a I "_•" i Y 5 O I i'•i.' �r:. l 0 w. U U Q N W N JI .O pm O�Q U fh \ N W V a0 0� \ W \ m3 = U� 00` J \\ J 5m Q C)Z / \ Go W U I J:Y•.V It ••f• •. I �` O I e I WF ILa W W W W N mQ W � J} f7 JLL J C7 N I �� mg t co awEr " a v a�rn Uv W � m b Q � � U � a40 d d Meeting Type: Regular Meeting Date: 03/21/06 AGENDA Heading Consideration Rem 5 No. want to thank the City Treasurer and her staff for another great year in managing our City's finances. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROVAL OF THE ANNUAL AUDIT FOR THE YEAR ENDING SEPTEMBER 30, 2005 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider approval of the annual audit for the year ending September 30, 2005 as presented by the audit firm of Bray, Beck and Koetter. Summary Explanation & Background: The annual independent audit is required by State Law and the City has a clean audit report with no material findings. want to thank the City Treasurer and her staff for another great year in managing our City's finances. I recommend approval Exhibits Attached: Audit report to be distributed City Manager' ffice - , Department ADMINISTRATION/FINANCE IF-f- a e mydocum is ' counciRmeeting%2006\0 -fit-061audit.doc Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Site Plans Item 6 No. You have been provided with a hand-out showing the existing tree survey with the proposed site plan for Sea Shell AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST TO REMOVE (2) SPECIMEN TREES, SEA SHELL CAY, SEA SHELL LANE, HARBOR HEIGHTS DEPT/DIVISION: BUILDING DEPARTMENT Requested Action: City Council consider a request to remove a 34" dbh Oak Tree and a 27" dbh Oak Tree as part of the Sea Shell Cay Development of (4) residential units at this site, as requested by All Shores Construction and Supply Company, Inc. Summary Explanation & Background: This item was tabled on 02-07-06, 02-21-06 and 03-07-06 at the request of City Council, asking the applicant to provide an expert opinion on these trees. You have been provided with a hand-out showing the existing tree survey with the proposed site plan for Sea Shell Cay. City Arborist Tim Davis met with the applicant's arborist and completed the attached Tree Hazard Evaluation Form. Mr. Davis will be in attendance to answer questions. The applicant claims that this project should have been exempt from the new code provisions (see attached correspondence). Please see Section 102-41, Specimen Trees, as it relates to this request; mitigation is 2 to 1. Council also needs to consider the mitigation, if removal is allowed. Tree replacement: 34" @ 2:1 = 68" — 12 (3" dbh) replacement trees and/or $3,000.27" @ 2:1 = 54" —10 (3" dbh) replacement trees and/or $2,500. Please advise. Exhibits Attached: Request Letter; Timeline Letter; Moratorium Ordinance; Chapter 102 City Manage ' Office Department BUILDING DEPARTMENT f cape -n im\my nts\admin\%ua.c i1\ eting\2006\03-21-06\specimentrees.doc A Photographic Guide to the Evaluation of Hazard Trees in Urban T TREE Areas HAZARD EVA UA FORM 2nd Edition Srte,'Address [HZAZARORATING:,N1apiLocaticn: 1" �14 � �K I �+ 't Owner: public ailure +pnvate unknown other otential of Sze + Target Hazard Date' ��J C.' (p Inspector -7-,;n j�i4 y/ S part Rating Rating F u las; nscec;ion Immediate ac:,en needeo Date �f �� ' C C Needs further inscection TREE CHARACTERISTICS Dead tree Tree q: Species: / -)A DOH:�_c"enerail qof trunks: ( Het ht- i 9 �Spread:Form: mmetnc mincr asymmetry L ma r asymmetry Y / stump sprout ` stag -headed Crown class: l co-dor,.;nant l �nter��:eciate _ — suppr2ture Live crown ratio: �� Age class: L , cune — __: ti -mature ._ over- matureiseres;,cnt Pruning history: crown c;eoned L exr_essve!y thinned L te; ced L : crown raised Lpollarded ` crown reeucedLflush cuts cabled/bracednone multpe pruning events Apercx.2:es: �✓FtZ Special Value: _ specimen heritage/h stonc wildlife = unusual street tree _screen L shade Ce -'indigenous `protected by goy. agent: TREE HEAI.T'J 1 Growth obstructions: stakes ` wire,/ties L signs _— cables C curb/pavement _guards SITE CONDITIONS — Site Character. residence = commercial — Park pen mace natural woodland\forest Landscape type: parkwav L raises ted :ontainer —mound lrta/wn shrub border _ wind break Irrigation: none adequate L naceQuate exc?sssve _ trunk w ttled Recent site disturbance? Y ! — construction �/ se .a rbance grade change line clearing to clearing ( / °0 dripline paved: 9 �l.lOf kiif N 0°'a 10-25°0 25-50% 50-750% 75-100% Pavement lifted? Y N '0 dripline w/ fill soil: 0 v 2ro 25-50°0 50-75% 75-100°0 dripline grade lowered: '"\ ^0 10-259'.25-50°0 50-75% 75-100% Soil problems: —drainage L shallow compacteddroughty = saline alkaline acidic small volume disease centerhistory of fail clay L expansive L _=e ascec,: Obstructions: _ iights signage lire -of -sight view L overhead lines underground utilities anwtraffic_ Exposure (o wind: := single tree L below canopy ':y'e canopy L veg. recently exposed /VadjacentL windward, canopy edge L area prone to windthrow Prevailing wind direction: E5 Occurrence of snow/ice storms ver ❑ seldom ❑ regularly TARGET Use Under Tree: ouilding parking —traffic pedest^an recreation landsc pe 7 hardscape ii- small features L utility lines Can target 6e moved? Y (0Can use be restricted? Y Occupancy: nccastonal useintermittent use L frp quem use 7 /constant use rhe nternaticnai Society of Arboriculture assumes no responsib hry for conclusions or recommendations derived from use of this form. Foliage color. ?normal chl otic —necrotic Epi�co ? Y N Foliage density: normal sparse Leat size. ]C�crmal L small Annual shoot growth: "excellent —' avera e ' 9 C poor Twig Dieback? � N Woundwood development: excellent Vigor class: =excellent = average Mayor pests/diseases: J)Y4(b2 ���average poor none Y"fa,r L poor ZC-t'dV v ,..._ /-1 1 r , .- Growth obstructions: stakes ` wire,/ties L signs _— cables C curb/pavement _guards SITE CONDITIONS — Site Character. residence = commercial — Park pen mace natural woodland\forest Landscape type: parkwav L raises ted :ontainer —mound lrta/wn shrub border _ wind break Irrigation: none adequate L naceQuate exc?sssve _ trunk w ttled Recent site disturbance? Y ! — construction �/ se .a rbance grade change line clearing to clearing ( / °0 dripline paved: 9 �l.lOf kiif N 0°'a 10-25°0 25-50% 50-750% 75-100% Pavement lifted? Y N '0 dripline w/ fill soil: 0 v 2ro 25-50°0 50-75% 75-100°0 dripline grade lowered: '"\ ^0 10-259'.25-50°0 50-75% 75-100% Soil problems: —drainage L shallow compacteddroughty = saline alkaline acidic small volume disease centerhistory of fail clay L expansive L _=e ascec,: Obstructions: _ iights signage lire -of -sight view L overhead lines underground utilities anwtraffic_ Exposure (o wind: := single tree L below canopy ':y'e canopy L veg. recently exposed /VadjacentL windward, canopy edge L area prone to windthrow Prevailing wind direction: E5 Occurrence of snow/ice storms ver ❑ seldom ❑ regularly TARGET Use Under Tree: ouilding parking —traffic pedest^an recreation landsc pe 7 hardscape ii- small features L utility lines Can target 6e moved? Y (0Can use be restricted? Y Occupancy: nccastonal useintermittent use L frp quem use 7 /constant use rhe nternaticnai Society of Arboriculture assumes no responsib hry for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y N Mushroom/conk/bracket present: Y 0 ID: erate /0,Undermined: _ severe — moaerate low Ezoosed roots: severe mgd J"Y Buttress wounded: N When: I A/0 -7:" Root pruned: des ince from trunK Root area atlected: wt� AC 'A Potential for root failure: severe -moderate ow Restricted root area: _ severe _ moeeraie c.. Soil heaving: Y LEAN: _ deg. from vertical natural — unnatural i✓ self -corrected. Decay in plane of lean: N Roots broken Y N Soil cracking: Y N ;`ral.nq b SAY Cts' ><f/ ow T2� f� or r2�.� Lean severity: Compounding factors. I CROWN DEFECTS: ;rcicate res?" - _ mdiv:cua; detects and rate their severity is = Severe. m = mcderate. 1 = low) DEFECT ROOT CROWN I TRUNK SCAFFOLDS N' "O`:iOUS 1311L,re - severe moderate 1cw BRANCHES ,�;r;N . r.:veiC'I; :3Cti.S: SOhtS I 1, 3orers;termrtesrants ;`ral.nq N �% 1 I I I Nrn,nds seam I N' "O`:iOUS 1311L,re jara HAZARD RATING "r `.ail. nes: Tusnr^ems; bracke!4— Vk K CllJ� �' Faiiure potential: 1 - iow: 2 - meaium: 3 - high; 4 - severe a., os; .ikeiv tc I / ��►r9� Size of pail: 1 - <5" "5 rmi:2 - 6-18" 115-45 c'^ - :,on cenor, 3leecinr sac flow biannual other 3 18-30"!45-75cm);4 >30"1'5.m- - _,,, Size �ar, r Targe: Rating ='racarc Rat ng Target rating: 1 - occasional use: 2 intermlrent use: j 3 - frequent use: d - constant ase HAZARD A ATEMENT nesting nole'cee hive ! �V/A ( �— raise canopy '_1 crown recuce re ructure _ snaoe '"aT?.0^,t; s:UDS I 1, 3orers;termrtesrants I /Y :,cnKers,g3ils;burls N' "O`:iOUS 1311L,re HAZARD RATING "r `.ail. �2Utifk Vk K CllJ� �' Faiiure potential: 1 - iow: 2 - meaium: 3 - high; 4 - severe a., os; .ikeiv tc I / ��►r9� Size of pail: 1 - <5" "5 rmi:2 - 6-18" 115-45 c'^ - :,on cenor, annum biannual other 3 18-30"!45-75cm);4 >30"1'5.m- - _,,, Size �ar, r Targe: Rating ='racarc Rat ng Target rating: 1 - occasional use: 2 intermlrent use: 3 - frequent use: d - constant ase HAZARD A ATEMENT Prure: ove aefecnve ar, — reauce anc v:elgnt - crown clean thin raise canopy '_1 crown recuce re ructure _ snaoe Inspect further. root crown Ir decay -aerial =_ monitor Caoie:Brace: Remove tree: Y N Replace' Y N Move target: Y CJ r. Other. - Eftec; on adjacent trees: none _ e ata ~�L� Notification: - owner - manage; governing agency Date: -3 COMMENTS Site/Address: A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition [iakkrH€r4s lits Map/Location: Owner: public private V unknown other Date: - 1 U ' 4� Date of last inspection: Inspector: a ' " ; 1 AV8 C r-1 6JM&'4 L&A flS4/ TREE CHARACTERISTICS HAZARD RATING: 3-+3 + 3 = :1necrotic Epiccormmics? Y 60 Growth obstructions: Foliage density: E]normal arse Leaf size: U1 ormal ❑ small Failure + Size + Target = Hazard Potential of part Rating Rating _ average Immediate action needed Major pests/diseases: 49� A/L Needs further inspection Dead tree Tree #: Species: GULK C0 5 ' )' 1yf_ OBH: _ # of trunks: 3 Height: 4/0 !' ]/major Form: generally symmetric ��L minor asymmetry ] major asymmetry El stump sprout L stag -headed Crown class: dominant 2/co-dominant ❑ intermediate 7W suppressed Live crown ratio: _'�) 0 % Age class: ❑ young �__mi-mature ❑ mature ❑ over-mature/senescent Pruning history: _ crown cleaned excessively thinned _ toeced ❑ crown raised _ pollarded ❑ crown reduced _ flush cuts C cabled/braced none _ multiple pruning events Approx. 2a:es: /t/Ed�2 Special Value: C specimen ❑ heritage/historic [!7wildlife = unusual ❑ street tree ❑ screen ! _' shade '.indigenous ❑ protected by gov. agency TREE HEALTH Foliage color. Vormal ❑l chlloo otic :1necrotic Epiccormmics? Y 60 Growth obstructions: Foliage density: E]normal arse Leaf size: U1 ormal ❑ small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excellent ❑ average Voor Twig Dieback? &I N ❑ curb/pavement ❑ guards Woundwood development: El excellent J average 01/poor E:l�1 none other 07/Il Tf f Vigor class: ❑ excellent _ average _ fair voor Major pests/diseases: 49� A/L — SITE CONDITIONS Site Character. ❑ residence ❑ commercial C inous,ral _� park CVopen space f2'natural Elwoodland\forest Landscape type: ❑ parkway C raised ted 7 -container . Moundlawn ❑ shrub border C wind break Irrigation: 21n1one ❑ adequate _ inadequate ❑ excessive trunkkwettled ! n Recent site disturbance? Y ! ❑ construction Elsoil , s,�rbance 21/grade change ❑ line clearing _ site clearing • dripline paved: °' 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y N • dripline w/ fill soil: Wo 25-50% 50-75% 75-100% • dripline grade lowered: CO,) 10-25% 25-504% 50-75% 75-100% Soil problems: ❑ drainage ❑ shallow ❑ compacted L1d"droughty _1 saline ❑ alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history of fail ❑ clay ❑ expansive — slope ° aspect: Obstructions: ❑ lights ❑ signage ❑ line -of -sight view ❑ overhead lines ❑ underground utilities ❑ traffic 12adjacent veg. ❑ Exposure to wind: ❑ single tree a below canopy above canopy _ recently;never p sed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: Occurrence of snow/ice storms ❑ seldom ❑ regularly TARGET Use Under Tree: a building ❑ parking _ traffic ❑ pedestrian ❑ recreation andscape ❑ hardscape ❑: small features ❑ utility lines Can target be moved? Y & Can use be restricted? Y ( % Occupancy: occasional use ❑ intermittent use ❑ frequent use constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y & Mushroom/conk/bracket present: YNo IID: Exposed roots: ` severe r moderate IN'low Undermined: severe moderate ❑ low (' Root pruned: distance from trunk Root area affected: %0 Buttress wounded: Y 6), t When: 11x6 �.�I FD v Restricted root area: t severe moderate low Potential for root failure: ❑ severe El moderate low �'U ��c 2`c -f ry LEAN: deg. from vertical L— natural C unnatural ❑ self -corrected Soil heaving: Y Decay in plane of lean: Y V Roots broken Y CN Soil cracking: Y Compounding factors: Lean severity: _ sv evere ❑ moderate r low CROWN DEFECTS: Indicate presence of individual defects and rate their severitv (s = severe. m = moderato I = lnw� DEFECT ROOT CROWN TRUNK I SCAFFOLDS BRANCHES_ 'acrtaoer I L I I (_ Bouw. sweeo j Codominantsiforks Multiple attachments I I I Included bark I i _xcessive end weight I ,t Cracks/splits I L I I I Hangers I N� Girdling I I Wounds/seam Decav I L Cavitv L L.. Conks/mushrooms/bracket I L I Bleeding/sao flow /V /i Looseicracked bark Nlfi —Nesting holeibee hive Deadwood/stubs Borers/termites/ants L Cankers/oalls/burls I ( I L Previous failure I A114 I Jin I A1114 I HAZARD RATING Tree part most likely to fail:Failure potential: 1 - low; 2 - medium; 3 - high; 4 - severe nspection period: annual biannual other Size of part: 1 - <E" (15 cm): 2 - 6-18" (15-45 cm): =_u�r- Potential + Size of Part + Target Rating = Hazard Rating 3 - 18-30" (45-75 cm); 4 - >30" (75 cm) Target rating: 1 - occasional use; 2 intermittent use; + +_ = 3 - frequent use; 4 - constant use HAZARD ABATEMENT Prune: remove defective part El reduce end weight crown clean ❑ thin 2 raise canopy ❑ crown reduce ❑ restructure ❑ shape Cable;Brace: Inspect further. O root crown ❑ decay ❑ aerial ❑ monitor Remove tree: Y N Replace? 12)N Move target: Y NO r. Othe Effect on adjacent trees: 2d none u evaluate / Notification: = owner manager IDgoverning agency Date: COMMENTS ATP�hyotographic Guide to the Evaluation ofTION Hazard /Trees in Urban Areas 9 TREE HAZARD t�liAL UA TIO FORM2nd Edition Site/Address: Map/Location:� }5 . �� f o� % G /U 7, Owner. public private ►/ unknown other Date: f �' ° T n Inspector. �i ,4 Date of last inspection: - HAZARD RATING: 7 + + 7) _ %d Failure + Size + Target = Hazard Potential of part Rating Rating Immediate action needed Needs further inspection Dead tree TREE CHARACTERISTICS Tree #: I Species: iy f rC U c r f s ,` 0BH: # of trunks: Height. Spread: Form: C generally symmetric ` minor asymmetry • ❑ major asymmetry ❑ stump sprout ❑ stag -headed Crown class: Codominant ❑ co -dominant ❑ intermediate ❑ suppre;mature d Live crown ratio: �d % Age class: 1] young C semi -mature ❑ over-mature/senescent Pruning history: ❑ crown cleaned —1 excessively thinned G topped ❑ crown raised ❑ pollarded ❑ crown reduced ❑ flush cuts ❑ cabled/braced ❑ none ❑ multiple pruning events Approx. dates: Special Value: ❑ specimen ❑ heritage/historic ❑ wildlife ` unusual ❑ street tree ❑ screen ❑ shade ❑ indigenous ❑ protected by gov. agenc TREE HEALTH Foliage color. Rnormal ❑ chlorotic ❑ necrotic Eplcconmics? Q N Growth obstructions: Foliage density: ❑ normal l?Sparse Leaf size: brinormal ❑ small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excellent t aaverage ❑ poor Twig Dieback? _= Y" N ❑ curb/pavement C1guards Woundwood development ❑ excellent 11 average 51115oor C3 none C1 other Vigor class: ❑ excellent C3 average C3 fair oor Major pests/diseases: SITE CONDITIONS Site Character. ❑ residence ❑ commercial ❑ industrial ❑ park 91 -open space ❑ natural ❑ woodland\forest Landscape type: ❑ parkway ❑ raised bed ❑ container ❑ mound Pfawn ❑ shrub border—❑ wind break— Irrigation: none ❑ adequate ❑ inadequate ❑ excessive ❑ trunk wettled 489ni site disturbance? (D N I construction 42-5110il disturbance rade change ❑ line clearing 03site clearing • dripline paved: 0% 10- °° 25-50% 50-75% 75-100% Pavement lifted? Y N •dripline w/fill soil: 0%10-25% 25-50% 50-75% 75-100% • dripline grade lowered: �0% 10-25% 25-50% 50-75% 75-100% Soil problems: ❑ drainage ❑ shallow LI compacted ❑ droughty ❑ saline ❑ alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history of fail ❑ clay ❑ expansive ❑ slope ° aspect: Obstructions: ❑ lights ❑ signage ❑ line -of -sight ❑ view ❑ overhead lines ❑ underground utilities ❑ traffic ❑ adjacent veg. ❑ Exposure to wind: ❑ single tree ❑ below canopy �3 above canopy ❑ recently exposed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: Occurrence of snow/ice stones ❑ never ❑ seldom ❑ regularly TARGET Use Under Tree: building ❑ parking ❑ traffic pedestrian ❑ recreation ❑ landscape ❑ hardscape ❑ small features ❑ utility lines Can target be moved? Y ® Can use be restricted? Y el Occupancy: ❑ occasional use ❑ intermittent use ❑ frequent use 6 constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS RO.CTDEFECTS: Suspect root rot: (5 N Mushroom/cank/bracket present: Y N ID: Exposed roots: 0 severe 0 moderate In low Undermined: ❑ severe C1 moderate 0 low Root pruned: distance from trunk Root area affected: % Buttress wounded: Q N When: Restricted root area: D severe C1 moderate C3 low Potential for root failure: .0severe 0 moderate low LEAN. a deg. from vertical natural ❑ unnatural 0 self -corrected Soil heaving: Y N Decay in plane of lean:Gy} N Roots broken Y N Soil cracking: Y. N Compounding factors: Lean severity: 0 severe 0 moderate 0 low CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe_ m = mnderntP i = inW► DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper Bow,sweep Codominants/forks Multi le attachments Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Decayr/ Cavity Conks/mushrooms/bracket Bleeding/sap flow , Loose/cracked baric Nesting hole/bee hive Deadwood/stubs Borers/termites/ants tom. r Cankers/ aftbuds Previous failure HAZARD RATING Tree part most likely to fail: (1 w k s Failure potential: 1- low; 2 - medium; 3 - high; 4 - severe Inspection period:=—St–annual - biannual other Size of part 1 - <6" (15 cm); 2 - 6-18" (15-45 cm); Failure Potential + Size of Part + Target Rating = Hazard Rating 3 -18-30" (45-75 cm); 4 - >30' (75 cm) + + Target rating: 1.- occasional use; 2 intermittent use; _— 3 - frequent use; 4 - constant use HAZARDABATEMENT Prune: 12 remove defective part 0 reduce end weight 0 crown clean 0 thin 0 raise canopy 0 crown reduce 0 restructure 0 shape Cable/Brace: Inspect further. Lid root crown Vecay D aerial 0 monis Remove tree: ` N Replace? Y N Move target Y N Other. Effect on adjacent trees: N(none 0 evaluate Notification: E owner 0 manager D governing agency Date: COMMENTS City Forest-ry "We S-53 - k Foy q r ees" 3: -r 5".5 -ia:f.�_L Eek or �.eT%� _4ii 1� T1- located in center of lot Comments- Root flare 12" plus under soil line from past grade change and fill soil has been added to the east side which covers about 25% more of the root mass to a depth of more than 12 inches on top of the first fill, if final grade adds soil to this ,the tree well be stressed into a decline to a rate depending on the % of stored carbohydrates Target rating assess with site character after construction and residence living on property Tree removal recommended if grade is raised and/or more than 10% of roots are to be removed in construction or removal of more than 10% of live crown ratio ( foliage) Core test ( shows fiber brake down about 3 inches into trunk) 3 samples taken ,plus cavity opening(5inches wide 48inches high) shows strength loss threshold to be about 64% in the trunk (strength loss method -Smiley and Fraedrich 1992) A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION F®R 2nd Edition Site/Address: Map/Locafion: Owner. public private of unknown other Date: Inspector. C Date of last inspection: TREE CHARACTERISTICS HAZARD RATING: Failure + Size + Target Hazard Potential of part Rating Rating Immediate action needed Needs further inspection Dead tree Tree #: �_ Species: V t'i-CIJ� ' DBH: " # of trunks:_ Height: Spread: Form: ❑ generally symmetric C minor asymmetry i 2,rmorajor asymmetry ❑ stump sprout ❑ stag -headed Crown class: ❑ dominant ❑ co -dominant ❑ intermediate 150-Is"Uppressed Live crown ratio: :3 j % Age class: ❑ young E2 semi -mature ❑ mature ❑ over-mature/senescent Pruning history: ❑ crown cleaned __:1 excessively thinned C topped ❑ crown raised ❑ pollarded ❑ crown reduced ❑ flush cuts ❑ cabled/braced ❑ none ❑ multiple pruning events Approx. dates: Special Value: ❑ specimen ❑ heritage/historic ❑ wildlife E unusual ❑ street tree ❑ screen [3 shade ❑ indigenous ❑ protected by gov. agenc TREE HEALTH Foliage color. LYlnormal ❑ chlorotic ❑ necrotic Epicormics? Y -." Growth obstructions: Foliage density: ❑ normal C91parse Leaf size: C1 normal ❑ small ❑ stakes ❑ wire/ties ❑ signs ❑ cables Annual shoot growth: ❑ excellent ❑ average lirt"poor Twig Dfeback? OY, N ❑ curb/pavement ❑ guards Woundwood development ❑ excellent ❑ average ❑ poor ❑ none ❑ other Vigor class: ❑ excellent ❑ average ❑ fair F21ploor Major pests/diseases: SITE CONDITIONS Site Character: ❑ residence ❑ commercial ❑ industrial ❑ park Gropen space ❑ natural ❑ woodland\forest — Landscape type::� ❑ parkway E] raised bed ❑ container ❑ mound ❑ lawn 13 shrub border ❑ wind break Irrigation: L'none ❑ adequate ❑ inadequate ❑ excessive ❑ trunk wettled Recent site disturbance? Y N ❑ construction Vsoil disturbance ❑ grade change ❑ line clearing ❑ site clearing • dripline paved: 0% 10-25% 25-50% 50-75%° 75-100% Pavement lifted? Y N 'r ° °/° ° o ° o _ dripline w/ fill soil: 0 10-25 /° 25-50 /° 50 75 /° 75-100% /o ;f3 J • dripline grade lowered: 0% 10-25% 25-50% 50-75% 75-1004% �F� LtLr `S Lan Ft �- �� Soil problems: ❑ drainage ❑ shallow ❑ compacted ❑ droughty ❑ saline ❑ alkaline ❑ acidic ❑ small volume ❑ disease center ❑ history of fail ❑ clay ❑ expansive C3 slope aspect: Obstructions: ❑ lights ❑ signage ❑ line -of -sight ❑ view ❑ overhead lines ❑ underground utilities ❑ traffic ❑ adjacent veg. ❑ Exposure to wind: ❑ single tree ❑ below canopy ❑ above canopy ❑ recently exposed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: Occurrence of snowfice storms ❑ never ❑ seldom ❑ regularly TARGET Use Under Tree: ❑ building ❑ parkirig ❑ traffic ❑ pedestrian ❑ recreation ❑ landscape ❑ hardscape ❑ small features ❑ utility lines Can target be moved? Y N Can use be restricted? Y N Occupancy: ❑ occasional use C intermittent use ❑ frequent use ❑ constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS - ROJ;T DEFECTS: Suspect root rot: Y QN Mushroom/conk/bracket present: Y N ID: Exposed roots: ❑ severe ❑ moderate 6flow Undermined: ❑ severe ❑ moderate ❑ low Root pruned: distance from trunk Root area affected: % Buttress wounded: Y N When: Restricted root area: ❑ severe ❑ moderate ❑ low Potential for root failure: -❑ severe ❑ moderate ❑ low o ' �� LEAN.- �_ deg. from vertical l�natural ❑ unnatural ❑ self -corrected Sail heaving: Y I No Decay in plane of lean: Y (N) Roots broken Y `J � Sail cracking: Y ' N .i Compounding factors: �� Lean severity: ❑ severe ❑ moderate ❑ low CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe. m = moderate. I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper Bow, sweep Codominants/forks i Multiple attachments Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Deco Cavity Conks/mushrooms/bracket Bleeding/sap flow Loose/cracked bark Nesting hole/bee hive Deadwood/stubs Borers/termites/ants �. Cankers/galls/buds Previous failure HAZARD RATING Tree part most likely to fail: Failure potential: 1 - low; 2 - medium; 3 - high; 4 - severe Inspection period: annual biannual other Size of part: 1 - <6" (15 cm); 2 - 6-18" (15-45 cm); Failure Potential + Size of Part + Target Rating = Hazard Rating 3 -18-30" (45-75 cm); 4 - >30" (75 cm) Target rating: 1- occasional use; 2 intermittent use; 3 - frequent use; 4 - constant use HAZARD ABATEMENT Prune: ❑ remove defective part ❑ reduce end weight ❑ crown clean ❑ thin ❑ raise canopy ❑ crown reduce ❑ restructure ❑ shape Cable/Brace: Inspect further. ❑ root crown ❑ decay ❑ aerial ❑ monit Remove tree: & N Replace? �9 N Move target: Y N Other. Effect on adjacent trees: ❑ none ❑ evaluate Notification: ❑ owner ❑ manager ❑ governing agency Date: COMMENTS Irvie spealL 71 're -es, 321-255-6642--85 Ed or Avalon TZ- located north/west corner of lot Comments -Low live crown ratio, poor tree structure( low co -dominants) and lean % high, tree in high stress (crown class -suppressed) Site stress under construction /grading and removal of suppressing plants well add sunscald and higher rate of stress Removal and/or replacement recommended •- - _ _`�9� N_Q_R_TH AT �� GENU ♦, E_ I ♦ EASTERR! FOOT �y RIGH;_OF-WAY 1 — _��._._ ,_ .►. .i OHT-OF- I WAY LINE �' ♦ •{9 "—'- I _ 46. q06• 54'15. W�'.0 149.52 5 CONCRETE 3s _ I ♦♦� `m- �- _ t 20.82 J. } ♦ s oT orr+i m t t� m p s I ♦rs 3r _ 61.41 a � •may xl i � m � � � ? g g 7�--�___ ♦ g I o a zy 9�m D i 9 I to yF 9 m ca 9 I z r I —I m u O m o m :� • os a y or m x j n m A_ c mi a r9 - _ $1 m N o oy � a I z:0 0 a I y �iql .DSI ai mQ fV I m W m CNi 0 r j m m 00 1.0 o%© _ a I m 0 p a r., � I u1 � -+ a a .,, 1 .D Ai O Lo A z ♦ r ^I C g LJ x B y °4 m 20. m S N C k ; °� z m Lq D r zQ z g N N o I W g a in °I Dz 7C 20.67 7g�� is j -� Q p p rte" .�0. j •• o " �, SN'� 7! N _ I cl1� .ash vyA r m m m ;iI Q m I 25. 48 20. 67 NOl' i W I 8. 5:, c 19. 33 D ;I I 0 1 S 99 r. ' z EAST 1 NE OF THE W 1 /4 NW 1,14 OF SEC 14 n m w m N .. �� •ooc c m m o y m o !c iI; a• I Sof z mx N m m W x .. 7� O N 7c = a m N O m -1 m �u I m N o z 20.67Y , $ a1 S e "' j s ftn m O V z V N M. C4 C4 m I c ? S mm o mm c 20.67 Sj 9 p { .. Bs z 1C Vy2? r =i ; n 20.67 s ♦y '6' I z20.67Lo LO j 2 . ; ti a s S cn ♦9 ♦ C+ CURVE 1 _ y AD a j o 220.13 DEL TAr CV _ < 1g-14•Zl. RyF Z w I y , JIAgCf �mg ♦ }e� SEA c 49> o ++ �-- < P r �'_•r — R _SLI^� m 99 U)d,!BFT Fp p/T,RCIONTC.. C A� • ��' T c m bD OF. m itf mL;r s �m a m� z n PO Box 613 Cape Canaveral, FL 32920 Office Phone: 7833751 (Office) CeN Phone: 693-8941 or 693-8914 Fax 321-783-3752 Date: February 1, 2006 From: All Shores Construction and Supply Co. Inc. To: Todd Morley, Building Official, City of Cape Canaveral Subject: SEA SHELL CAY TOWNHOMES - REQUEST M In reference to our previous letter dated 12/19/05 (copy attached) regarding a request for City Council approval to remove a potential "Specimen Tree" from our property at 8801 Sea Shell Lane, we hereby amend the request to include a total of two potential Specimen Trees. The subject trees are located such that there is no way to avoid removal. Thanks in advance for your assistance inAhis matter. Best regards, Jim Morgan Jr, Vice President All Shores Construction and Supply Co. Inc. 413 Lincoln Ave Cape Canaveral, FL 32920 Office Phone: 783-3751 (Oboe) Cell Phone: 6938941 or 6938914 Fax 321-783-3752 Date: December 19, 2005 From: All Shores'Construction and Supply Co. Inc. To: Todd Morley, Building Official, City of Cape Canaveral Subject: SEA SHELL CAY TOWNHOMES - REQUEST In the spirit of the city's newly passed Tree Ordinance, Article H, Division 2, 102-26 — 102-35, All Shores Construction hereby respectfully request audience with the City Council, following, but in conjunction with, Site Plan review and consideration for approval for the subject project, scheduled for January 3, 2006. Purpose is to request permission to remove what would potentially be considered a "Specimen Tree" in preparation for construction of the Sea Shell Cay Townhomes. The subject tree is located such that there is no way to avoid it's removal. Thanks in advance for your assistance in this matter. Best regards, Jim Morgan Jr, VP, All Shores Construction and Supply Co. Inc. Jam organ Jr. P.O. Box 613 Cape Canaveral, FL 32920 Office Phone: 783-3751 (Office) Cell Phone: 693.8941 or 693-8914 Fax 321-783-3752 Date: January 30, 2006 From: All Shores Construction and Supply Co. Inc. To: Todd Morley, Building Official, City of Cape Canaveral Subject: SEA SHELL CAY TOWNHOMES - TIMELINE Dear Mr. Morley, N Please find attached a copy of a correspondence dated 12/28/04 from the realtor involved with the purchase of the subject property. It is our belief that this correspondence provides reasonable proof that we were actively engaged in the process of purchasing 8801 Sea Shell Lane during the latter part of 2004, and more importantly establishes the timing for which Building Department personnel were first consulted with regarding the parcel. Inquiries to the building department began as soon as we became aware that the property was for sale. Immediately (on or around 12/28/04) we engaged in multiple informal fact finding meetings with city building department personnel. The purpose of those meetings was to ascertain information critical in determining feasibility of the subject property for the use intended, prior to proceeding with an offer for purchase. At no time during any of these informal meetings, or during subsequent formal city meetings, attended throughout the planning and replat process phases, was there any mention of an impending tree ordinance change; a topic that would have most certainly impacted our purchase offer, and indeed possibly our decision to purchase the property at all. Once aware of the tree ordinance and its potential impact, we again looked to the city Building Official for interpretation and an official reading on applicability of the new ordinance to our project. It was communicated to us that in order to be exempted from the requirements of said ordinance, proof that city personnel had been consulted with regarding the project, prior to the date of tree ordinance adoption (mid- January 2005) would have been necessary. It is our opinion that the information herein satisfies the intent of that requirement. In closing, it is important to note that every effort was made during planning to minimize impact to the trees. And, although we feel that this particular project should be considered exempt from the tree ordinance, it is our sincere desire to work with you, and to assure you that we share in the city's resolve to curb unnecessary removal of trees, and will strive to protect the many trees remaining on site during construction. Thanks in advance for your consideration on this matter. Best JamsWan Jr., Vice President r^ski All Shores—Construction and Supply Co. Inc. TM 13:58 FAI 13217835410 KING REM Detail sit PINK Yar•wi�11M! lIt �1�IMR I Commercial lyuuz/uuo Page l of 1 O"WEFo MAT-08Wi',�611AM AM MLS nP: 313513 Ana: 2n -CAPE CANAVERAL tAA Address: 8$01 SEASHELL LN .= 19 OWSVZP. CAPE CAKOWOW„ FL 32920 M WAKO :oi / SWP4VO: HARBOR H� 04rS [... iL WMerilw►t N W*Wftet Poet: DoraNcr*: OOH: 37 Zoning: Cl Pod: N Tars: Hameatwd: Tax Year: 2003 Ad j let Ate: NW*W Of toes: 2 Lot Sdb let Dior 144 X 190 lot Ames: 0.600 Tax Acct 14: Am id: Narrative: Property cortfs Of bN* COOMMM lot; In a PdM k-ca*m. Near ares of goo" im Mort & estatilioted residential ares for gnat diem base. Comer tat w AVi An togs an N AVarAr. May be por s01 eo obtain spocM psimit for Inuit 4wft, "would be a wonderm spot for SpwnhOraas, dome to bead- a al Was awaepons. DirmMom; N AIA TO N AILAMM COMM OF HARBOR a SlrASHO.L. 01WERAL II*ORMATTON Assoc Pee: N Zaniug: a Pee I ndudes: AddWwW Unit 0: Sipe Loco m maw Roadamy, Paved Sb*ft Deed Riestrialorac N GMd CornomMy: N Restridian c 55 + conaiwa r. N Sale 00%M %0ject To Zan" Land Desaip = Lot - C+on-er, TnHM Utaglnlir Shape, Lot - CB.y Owner WN Cor~. C*Wes dOW, Cash Only Few*age Daac: City RAW Land Value: now swfew: Paved mwket Valw: Road Front Footagt 149 Ammmsed Valor: Fi+ture Use: Owna dsi Tmproveneet Value: Adjacent Use: ComffwOK Residential Awinw6k: N Ffte 6 Clear, N In provQnents: Street Lights Feat Document, on File: Socw tY -acs: AvaiaMe UtOda- My Water, Cable Avaiable. 8 e ctrac, Management: Passesdon: cam ing Telephone Measure Dose: Thor Rags Community Amenity. Bank/Cap Owned: N Nsp Cooed: V27 BROKBiMGENT ywo List AVm& IMMAN, VINICOfr McU%w REJMAX SOMETEAM Lit Agent Phone: 321-784.6286 cado/eran0 - Asioc 04W 01- SCAR List Agent iRts: 321-749-2990 Lbt dike Phone: 3214529800 Ust Agent EWd& vb-cwtkfbbrevardrealdtate, VM Lilt ORim Fenn: 3214522.9888 List Agent Web: Ust Ofte E -mak 8tokar*8rw ardR ealEcom 8uyragnt Oaw 25 Ust dtke Web., Teaeesbdw Comp: 2.3 Contact Mmm VD CBM KEENIAN Nwm coop: 2:5 Appainbn w t: Usdrq Ol ke Sub Ageot Cane: 0.0 Appekitnant Phone: 452-M Variable commission: N Show. Drive By Ok Bows: N Lkft T mm: Et - Bmkm kre Right of Site Type of Sorvke: RAL *Aj" Wo: ** COMBO OF TAX A000U WM 2456495 & 2429676 e* OM M Info Oft: L"m Dew - Sell AgeW KEENAN. VlMCMr so Oimoe: REJ W 59LVxx Tam Shc Agent Phone: 321-452-9800 Code / Branch: RMAX 101 Sold Tem., Cash Se8 OMM Phone: 321-452-9900 so Omm E -wow 8.Brerardtes�teAVM Original Date: 12/28/2004 Orig List Price: $249,000 List Date-- I/2712O04 P-av Lien Prier. $249,000 VA Bee. 12/2712WS Last ModiRed: 03/29/2005 Pervious Stats: Co wrtgent Ban Date: Plat Book: Plat Page: Data dhptayrd as a sembe ady and nat wwranad as arrant awx*e a complete. ca%i Vincent KedMM - REJMAX'ServiCe Team - 321-693-0187 BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutehef Offices in Orlando, Kissimmee Joseph E. Blitch Usher L. Brown' & Cocoa Victoria L. Cecil Suzanne D'Agresta" Scott J. Domstein Anthony A. Garganese' Andrew M. Fisher J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss Paul H. Mclester Amy J. Pitsch 'Board Certified Civil Trial Lawyer 'Board Certified City, County 6 Local Government Law February 21, 2006 Via Email and U.S. Mail Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Sea Shell Cay Properly — Specimen Tree Removal (City of Cape Canaveral 513-001) Dear Bennett: Erin J. O'Leary Of Counsel During its discussion at the February 7, 2006 City Council meeting, the Council asked for a legal opinion regarding whether the proposed development of the property located on the corner of Harbor Drive and Sea Shell Lane, commonly referred to as the "Sea Shell Cay Property", is exempt from the City's new land clearing regulations established in Ordinance 05- 2005. The property owner, All Shores Construction & Development, Inc., is seeking the Council's consent, pursuant to section 102-41 of the City Code, to remove two (2) specimen trees located on the property in preparation for the construction of four (4) townhome units. Land Clearing Moratorium As you recall, prior to the City Council's adoption of Ordinance 05-2005, the Council established a moratorium on all land clearing activity within the City white the City's Planning & Zoning Board reviewed the City's then -current land clearing regulations and made recommendations to the City Council as to new legislation related to land clearing. Ordinance 02-2005, adopted on February 1, 2005, which established this 60 -day land clearing moratorium, provides in Section 2.: Exemptions to Moratorium. Any person or entity who has attended a formal pre -application meeting with City Staff within 225 East Robinson Street, Suite 660 - P.Q. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9386 Fax (407) 425-9598 - Kissimmee (321) 402-0144 - Cocoa (866) 425-9566 Website: www.ortandolow.net - Email: firmCodandolaw.net Bennett Boucher, City Manager February 21, 2006 Page 2 sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. Therefore, any person or entity qualifying for this exemption pursuant to Section 2. of Ordinance 02-2005 would be entitled to proceed with their development project and any related land clearing activity under the previous version of Chapter 102 of the City Code. All other parties not otherwise exempt from the moratorium were prohibited from engaging in any land clearing activities during the 60 -day moratorium period, and additionally, are now subject to the new land clearing regulations set forth in Ordinance 05-2005, and codified in Chapter 102 of the City Code. Sea Shell Cay PfQperJy Given the current question as to the applicability of the new land clearing regulations to the Sea Shell Cay Property, Todd Morley, Building Official, provided to my office a time line which sets forth the applicable dates and related applications or events related to the subject property. The same is attached to this letter for your review. The time line shows that there was never a formal pre -application meeting with the City regarding development of this property. Additionally, the first formal development application submitted to the City was on March 23, 2005, for a Special Exception. Furthermore, there is no indicationthat any development permit was ever issued for this property prior to the cut off date established in Section 2. of Ordinance 02-2005. Because the development of the subject property did not commence until after the cut-off date in the moratorium ordinance, any land clearing associated with this property, including the removal of the two (2) specimen trees, is subject to the new land clearing regulations set forth in Ordinance 05-2005. Standard of Review: Extraordinary Circumstances and Hardship Given that All Shores Construction & Development, Inc. does not qualify for the exemption to the land clearing moratorium with regard to the Sea Shell Cay Property, development of the property is subject to the new land clearing regulations established by Ordinance 05-2005. Thus, the City Council should apply section 102-41, Specimen Trees, when considering whether or not to approve removal of the specimen trees. Section 102-41 provides that "specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the City Council." Whether or not extraordinary circumstances and hardships exist must be determined on a case-by-case basis and supported by competent, substantial evidence presented by the applicant. If the Council finds that such evidence exists, it is permitted to require, as a condition of removal, that replacement trees be planted or that a contribution to the tree bank be made on a maximum of a two -to -one ratio of cumulative diameter of specimen trees removed. Bennett Boucher, City Manager February 21, 2006 Page 3 If Removal of a $oecimen Tree is Granted by City Councll If the City Council authorizes the removal of a specimen tree, the data in Table 1 of Chapter 102 of the City Code shall be applied on a maximum of a two -to -one ratio of cumulative diameter at breast height (°dbh") of specimen trees removed. Byway of example, applying the maximum of a two -to -one ratio to the removal of a thirty (30) inch specimen tree, the following table illustrates the replacement trees and/or tree bank contribution the Council is permitted to impose under the City Code: Actual Specimen Tree Removed. 30 Inches dbh Using Maximum 2(1 Ratio for Calculating Replacement and/or Tree Bank Contribution: 60 Inches No Replacement Tares (USING TABLE 1 DATA) Tree Bank Contribution 23 Inches 4 $1000.00 231nches 4 $1000.00 14 Inches 3 $ 750.00 Total: Winches Total: 11 Trees Total: $2750.00 The figures provided in the table above are calculated before applying any tree replacement credits under Section 102-54 of the City Code. Please provide a copy of this opinion to the Mayor and City Council and feel free to contact my office should you have any questions regarding this matter. Very Truly Yours, Kate Latorre Assistant City Attorney Enclosure Cc: Mayor and City Council Todd Morley, Building Official Sea Shell Cay Townhome Project Timeline Todd Morley, Building Official February 14, 2006 Note: This timeline provides a compilation of information from two sources 1. City records 2. Unofficial applicant -provided information (denoted by an asterisk �1 Date Action 12/28/04 * Realtor offers 2roperty to a licant 1/13/05 Cut-off date established by moratorium see below 1/18/05 Moratorium ordinance 02-2005 1 reading 1/22/05 Moratorium ordinance 02-2005 le al ad published 2/1/05 Moratorium ordinance 02-2005 2 reading. Provides a cut-off date in Section 2: Exemptions to Moratorium. Any person or entity who has attended a formal pre -application meeting with City Staff within sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. 3/23/05 Application received for Special Exception -C1 3/29/05 * Closing date. Property is sold to applicant 5111105 P&Z recommends approval of Special Ex tion 6/13/05 Application received for preliminary re -plat 6/27/05 Board of Adjustment 2pproves Special Exception 7/27/05 P&Z recommends approval of preliminary re -plat 8/16/05 Ci Council a roves preliminary re -plat 9/2/05 Application received for Community Appearance Board 9/19/05 Community Appearance Board approval 9/23105 Application for site plan review submitted 12/14/05 P&Z recommends a roval of site plan 12/19/05 Applicant requests Council a rove a re uest to remove ones ecimen tree 2/1/06 Applicant amends request. Now asking Council to approve the removal of two specimen trees Vy O' Z ;A IL z = I ��- - m $ � I aj�Y � •- s I 4a1. 0 a =t 4 1! I yy ji is s c wIF gb- �Ys OL Z �-� rl You !•.n rx lnYil allo Yx nn y+€ O!,L oi Sl 75 dmd Z • �+ nx to- S g �QiF limak+:3eb I{ y •+ aa 0 -Ow Sb z • I W d ll air Q g P $W po g t11 t :k ' -Y• -- --?t- Y C O _ 0 •h , 3Yll IM.q.�W llY3lp + 1 9 Y �o =. + $8�• �7 w �2 As JWP -ad 111�a W- W^ ISu WW3 ta# �a�Gai��a ORDINANCE NO. 02-2005 AN ORDINANCE OF TSE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE PLANNING ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FORREVISION AND RECOMMENDATION TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7 provides that "It shall be the policy of the State to conserve and protect its natural resources and scenic beauty-," and WHEREAS, the City Council is dedicated to preserving and enhancing green areas within the City, to assuring the preservation of existing trees on public and private property, and to taldng steps to require maintenance of existing and the installation of new trees in the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reducing air pollution by removing particles such as dust and pollen, increasing oxygen production, slowing surface water run of� reducing soil erosion, providing food, nesting sites and protection for wildlife, enhancing scenic beauty, and providing other environmental benefits; and WHEREAS, Chapter 102, Article II of the City Code provides for the regulation of tree protection, and specifically, for land clearing; and WHEREAS, the Cityhas recently experienced anupsurge in land development pressure; and WHEREAS, as a result of this pressure, the City has developed serious concerns regarding aggressive land clearing within the City, including, but not limited to, the destruction of trees and insufficient tree and landscape mitigation to replace destroyed trees; and WHEREAS, the City Council and Planning and Zoning Board held a public workshop on January 13, 2005, for the express purpose of addressing these concerns and for addressing possible City of Cape Canaveral Ordinance No. 02-2005 Page 1 of 4 revisions to the provisions of the City Code applicable to land clearing; and WHEREAS, the City Council believes that imposing a moratorium on the issuance of land clearing permits within the City will further the City's goal of protecting its natural resources while allowing for a comprehensive review of the City Code's land clearing provisions; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of the land clearing provisions contained within the City Code and to recommend revisions to the City Council upon completion of this review; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests ofthe City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods of regulation and mitigation of land clearing within the City; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly indicate that an emergency exists and thereby justify the imposition of a sixty (60) day moratorium on issuing land clearing permits in the City of Cape Canaveral, in accordance with Section 102-39(d) of the City Code, for any subdivision, multifamily, townhome, commercial or industrial development project. Section 2. Exemptions to Moratorium. Any person or entity who has attended a formal pre - application meeting with City Staff within sixty (60) days prior to January 13, 2005, submitted a formal development application to the City, or has been issued a development permit by the City shall be exempt from the moratorium. Section 3. Special Waiver. Provision. During the moratorium period, and in furtherance of the public purposes stated herein, any person or entity exempted from this moratorium may request a waiver from any City land development or zoning code. The City may grant the waiver under the following conditions: a. The waiver maybe granted by the City's planning and zoning board or city council during the site plan review process. Such waiver shall be at the board's or council's sole discretion on a case -by case basis. City of Cape Canaveral Ordinance No. 02-2005 Page 2 of 4 b. The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or the implementation of an extraordinary landscape plan that goes wellbeyond the requirements of the City Code including, but not limited to, planting additional and larger plant materials and trees, planting premium A -grade plants and trees, incorporating decorative hardscape features into the landscape design (e.g. fountains, decorative fences and walls, trellesis, lighting, etc.), and planting premium A -grade plant materials and trees on public property. c. The waiver is compatible with the surrounding area and the minimum waiver required to serve the public purpose stated herein. d. No waiver shall be granted which changes the list of permitted, conditional, special exception, or prohibited uses set forth in any zoning district category. e. The waiver must be consistent with the City's Comprehensive Plan. f. The waiver is not adverse to the public health, safety and welfare. S. Any waiver granted under this section shall automatically expire and be declared null and void if the underlying development order for the project expires. Section 4 Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review the current land clearing regulations contained within Chapter 102 of the City Code, and otherrelated provisions of the code, and will propose new legislation to the City Council, which will address the City's concerns regarding the current land clearing practices within the City, and which are designed to preserve and protect the health, safety and welfare of the citizens of the City of Cape Canaveral. Section 5. Expiration Date. This ordinance shall expire 60 days after its effective date. The expiration date of this ordinance may be extended for thirty (30) days by majority vote of the City Council at a duly held Council meeting. :tion 6. 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 7. Not Incorporated Into Code/Posting. This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Section 8. Severability. Uany 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 City of Cape Canaveral Ordinance No. 02-2005 Page 3 of 4 a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Secdon 9. 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, in a regular meeting assembled on the day of .2005. m1fM319 SUSAN STILLS, City Clerk First Reading: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Against Bob Hoog Serve Miller Jim Morgan Dim Petzoe Rocky Randels City of Cape Canaveral Ordinance No. 02-2005 Page 4 of 4 Chapter 102 VEGETATION* Article L In General Secs. 102-1-102-25. Reserved. Article H. Tree Protection Division 1. Generally Secs. 102-26-102-35. Reserved. Division 2. Land Clearing Sec. 102-36. Definitions. Sec. 102-37. Title; applicability; intent and purpose; limited residential dwell- ing exemption. Sec. 102-38. Enforcement and penalties. Sec. 102-39. Permits. Sec. 102-40. Permit criteria; exemptions; standards of review. Sec. 102-41. Specimen trees. Sec. 10242. Special waiver provision. Sec. 102-43. Tree replacement guidelines. Sec. 102-44. Prohibitions. Sec. 102-45. Minimum tree requirement. Sec. 102-46. Tree protection during development and construction; periodic inspection. Sec. 102-47. Voluntary tree planting. Sec. 102-48. Waivers; incentive program; administrative interpretation ap- peals; incentive program. Sec. 102-49. Remedial action. Sec. 102-50. Open burning of natural cover. Sec. 102-51. Rules and regulations and fees for implementing this division. Sec. 102-52. List of desirable species and plants. Sec. 102-53. List of undesirable species. Sec. 102-54. Preferred plant list. *Cross references—Code enforcement, ch. 2, art. VI; environment, ch. 34; requirements for Iandscape appearance and maintenance, § 34-99; weeds and dead vegetation, § 34-121 et seq.; planning, ch. 58; solid waste, ch. 62. Supp. No. 14 CD102:1 VEGETATION ARTICLE I. IN GENERAL Secs. 102-1-102-25. Reserved. ARTICLE II. TREE PROTECTION DIVISION 1. GENERALLY Secs. 102-26-102-35. Reserved. DIVISION 2. LAND CLEARING* Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Building official. The building official of the city and his or her designee. Caliper. Measurement of a tree 12 inches from soil level. Crown. The mass of branches, twigs and leaves at the top of a tree, with particular reference to its shape. Desirable species (trees /plants). Trees and plants adaptive to the climate and soil of the city and identified in section 102-52 of this division, as may be amended by the city council by ordinance or rule promulgated pursuant to section 102-51 of this division. Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multistemmed tree, measured four and one-half feet above natural or finish grade. Dripline means an imaginary vertical line run- ning through the outermost portion of the tree crown extending to the ground. *Editor's note—Ordinance No. 05-2005, § 2, adopted April 19, 2005, amended div. 2 in its entirety and enacted similar provisions as set out herein. The former div. 2 derived from Code 1981, $§ 657.01, 657.03, 657.05, 657.07, 657.09, 657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94, §§ 3-5, adopted July 19, 1994; and Ord. No. 13-98, § 1, adopted March 17, 1998. Cross reference—..Solid waste, ch. 62. § 102-3E Land clearing means the disturbance or re- moval of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replace- ment, planting of landscape material, shrub prun- ing, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree re- moval activities. Mangrove means any specimen of the species avicennia germinans (black mangrove), laguncularia racemosa (white mangrove) or rhizophora mangle (red mangrove). Native vegetation means plant material indig- enous to the city, including all those species listed in but not limited to those in section 102-52. Person includes any individual, firm, corpora- tion, partnership, joint venture association, prin- cipal, trustee, government, or any agent or repre- sentative thereof. Protected barrier. A polygon of two inches x four inches wide stakes spaced a maximum of eight feet from each other at the perimeter of the tree protection zone and which extend out of the ground at least 36 inches, with the top four inches marked by fluorescent orange paint or tape. Recognized knowledgeable person means a per- son recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed land- scape contractor, certified nurseryman or person having similar recognizable skills and experience. Silviculture means a process, following accept- able forest -management principles, whereby the crops constituting forests are tended, harvested and reproduced. Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees shall not include undesirable, dead, or diseased trees, or trees that are structurally unsound and cannot recover from pruning. Supp. No. 14 CD102:3 § 102-36 CAPE CANAVERAL CODE 73-ansplant means the act of relocating an existing tree upon the same lot. nee means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches for multistemmed trees and an average mature height of at least ten feet. Thee removal includes any act which physically removes the tree or its root system from the earth or causes a tree to die within a period of two years from the time of the act including, but not limited to, by cutting, girdling, relocating, interfering with the water supply, applying chemicals, regrad- ing around the base of the tree trunk. Tree protection zone means the area located around the perimeter of the dripline of a tree in Which no activity such as clearing, filling, exca- vating, storage of materials, parking of vehicles, or any other activity that in the opinion of the building official may damage the tree. At the discretion of the building official, the tree protec- tion zone may be reduced for trees located on small lots in order to reasonably protect the tree and facilitate construction on said lot. Tree replacement credit means the tree replace- ment credit offered to a person for replacing trees removed or destroyed in accordance with this division with preferred plant material. The tree replacement credit shall be established by the city council and set forth in section 102-54. Undesirable species means any of the species identified in section 102-53. Understory means an underlying layer of low native vegetation usually associated with trees. Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. Viable means having the capacity to live and develop. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-37. Title; applicability; intent and purpose; limited residential dwelling exemption. (a) Title. This division may be cited and re- ferred to as the "City of Cape Canaveral Tree Preservation and Landscaping Code." (b) Applicability. This division shall be appli- cable to all land lying in the incorporated area of the city, except for residential dwelling units as specifically set forth in subsection (e) below. (c) Intent. The intent of this division is to encourage the protection of the maximum num- ber of viable trees listed in the desirable species list. It is further the intent of this division to encourage the protection of trees native to central Florida and to encourage proper removal of ex- otic, pest trees. To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any tree or other vegetation as covered by the provisions of this division except in accordance with the provisions set forth herein. Notwithstanding, in the case of emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements of this division may be temporarily waived by the city council by resolution. (d) Purpose. The purpose of this division is to establish regulations for trees within the city in order to maintain and protect the city forest, to better control problems of flooding, soil conserva- tion, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (e) Three or less residential dwelling unit ex- emption. Upon receipt of a completed application, the building official shall issue a land -clearing permit for any land on which there contains or will contain three or less residential dwelling units regardless of the requirements set forth in section 102-40. However, such permit shall not authorize the removal of any specimen tree. Spec- imen trees may only be removed pursuant to the requirements set forth in section 102-41. Land that contains or will contain three or less residen- tial dwelling units shall be exempt from the tree replacement guidelines set forth in section 102- 43. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the pro- visions of this division by any lawful means including, but not limited to, issuing a civil cita- Sum. No. 14 CD102:4 VEGETATION tion, bringing charges before the city's code en- forcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in viola- tions of this division shall be deemed irreparable or irreversible. Further, each day a violation con- tinues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (3) Removal of a specimen tree without a permit. Fine of $150.00 per diameter inch, not to exceed $5,000.00 per tree. (4) Failure to abide by a cease and desist order issued under this division. Fine of $250.00 for the first day and $500.00 per day for each day thereafter. (5) Failure to abide by the requirements of other provisions of this division. Fine of $250.00 for the first occurrence and $500.00 for repeat occurrences. (c) Cease and desist orders. The building offi- cial shall have the right to issue cease and desist orders upon persons in violation of this division for a maximum of five working days. Upon review of the violation by the city manager, the city manager may extend the cease and desist work order until the violation is brought in compliance and all resulting fines incurred as a result of the violation have been paid. The city manager's decision may be appealed to the city council pursuant to section 102-48. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-39. Permits. § 102-39 (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the build- ing official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. (b) Application required. An application for tree removal and land clearing shall be filed on an official form provided by the building official. The applicant shall be required to pay a fee as may be established by the resolution of the city council, except that no fee shall be required for the re- moval of trees that are dead, diseased, suffer from severe structural defects, pose a clear and obvious safety hazard to structures or people or removed for a public project sponsored and paid for by the city. If the applicant is not the property owner, then the applicant shall attach the written per- mission of the property owner to the application. All completed applications shall be returned to the building official, along with the appropriate fee and the following minimum information: Supp. No. 14 CD102:5 (1) Legal description of the property, includ- ing street address. (2) Name, address and phone number of prop- erty owner. (3) . Name, address and phone number of ap- plicant, if other than property owner.. (4) Date upon which land clearing is to com- mence. (5) Valid reasons for the removal of trees. (6) A tree inventory, for the portion of the site to be developed, consisting of a scaled drawing of a scale of one inch equals 50 feet or less indicating: a. Property boundaries. b. The location of all individual trees including the tree's common or sci- entific name, and the diameter of each tree. § 102-39 CAPE CANAVERAL CODE C. An indication of all trees proposed for removal and proposed to be re- tained. d. The location of existing and pro- posed improvements, if any, includ- ing buildings, structures, impervi- ous surfaces (e.g. pool decks, drives, parking areas), stormwater reten- tion and detention areas, utilities and other such improvements. Pro- posed improvements shall be de- picted as an overlay on existing trees so as to clearly indicate which trees must be removed in order to accom- modate the construction of the im- provements. Upon request by the applicant, the building official or appropriate re- view board may permit an applicant to omit certain portions of the tree inventory where compliance with the requirements set forth herein would be unnecessarily burdensome and the exempted portions are not needed for the city to evaluate the applica- tion. (7) A replacement plan in accordance with division indicating the means for compen- sating for the tree(s) to be removed includ- ing the species and size of any replace- ment trees. (8) If grade changes are proposed on the site, a grading plan drawn to scale shall be provided. In addition, a written statement shall be provided by a landscape architect or other competent professional indicat- ing the probability of whether the grade change will result in the death of trees intended to be preserved. Said statement shall immediately be brought to the atten- tion of the building official at the time the application is filed and prominently at- tached to the front of the application. (9) A protection plan describing how pre- served trees shall be preserved on the site and adjacent properties during construc- tion, tree removal, and grading. (c) Time for application. Applications for land clearing permits shall be made prior to tree re- moval or land clearing, except that if the tree removal or land clearing is part of a proposed development project that requires site plan or subdivision approval, the application shall be submitted at the time the site plan or subdivision application is submitted so that due consideration may be given to the protection of trees during the site plan or subdivision process. Each application for tree removal shall be subject to review under the site plan and subdivision process. (d) Approved site plans, permits, and develop- ment agreements. All permits issued by the build- ing official under this division shall be required to be consistent, and not in conflict, with any plans, permits, or development agreements approved by the city council or other appropriate board. All permits or portions thereof issued by the building official in conflict with any such approval shall be deemed null and void and the approval of the city council or appropriate board shall remain in full force and effect. (e) Survey permit. A survey permit may be issued by the building official for the limited purpose of allowing land clearing and tree re- moval for surveys and soil or engineering testing according to the following: (1) Tree removal and land clearing for sur- veying shall be subject to the land clear- ing and tree removal requirements of this division. The land clearing area for sur- veying shall not be greater than five feet in width or shall not be greater than eight feet in width with a reasonable turn- around for soil and engineering testing. The owner of the property proposed to be cleared or his authorized agent shall sub- mit a survey permit application to the building official, on such form as provided by the city. The survey permit shall expire after 30 days from the date of issuance. The building official may grant an admin- istrative waiver for an additional 30 days for hardship, including adverse weather, size of property and inability to obtain permits from other agencies. Supp. No. 14 CD102:6 VEGETATION (2) When a written survey permit has been issued, the applicant shall post the survey permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The survey permit shall remain posted on the affected property during all applicable land clearing activ- ity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times. (f) Permit contents. The land clearing or sur- vey permit, when issued, shall specifically iden- tify which land areas may be cleared and which trees shall be permitted to be removed. The per- mit merely authorizes the removal of the trees specified therein. Nothing in this division shall be construed to require the removal of such trees by the permittee. (g) Duration of land clearing permit. A land clearing permit shall expire 90 days from the date of issuance for single-family projects and 180 days for subdivisions, multifamily, commercial and in- dustrial projects. Two extensions of 30 days each may be authorized by the building official, pro- vided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies. Trees not removed during the life of the permit may not be removed without the issuance of a new permit based upon a new application. (h) Posting of land clearing permit. When a written land clearing permit has been issued, the applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The land clearing permit shall remain posted on the affected property during all applicable land clear- ing activity and until final inspection by the city. It is the responsibility of the applicant to main- tain the land clearing permit in a clearly visible manner at all times. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-40. Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a com- pleted application and verification by the building official, the building official may, after applying § 102-41 the standards of review set forth in subsection (c) issue a land clearing permit under any one of th4 following conditions: (1) For building and construction sites, a; shown on city -approved site plans„ pro. vided trees and landscaping are installec on the property in accordance with sec. tion 102-43 of this division. (2) The trunk of the tree is located closes than five feet to the foundation of ar existing or proposed structure, and it it not feasible to relocate the structure, pro• vided trees and landscaping are installer on the property in accordance with sec. tion 102-43 of this division. (3) The trunk of the tree is located closes than ten feet from the foundation of an existing or proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasi- ble to relocate the structgre, provided trees and landscaping are installed on the property in accordance with section 102-43 of this division. (4) Trees severely diseased, severely injured or dead. (5) Trees that interfere with the construction or repair of public infrastructure and fa. cilities. (6) - Undesirable trees, per section 102-53 of this division. (7) Trees that have been approved for re- moval by the building official and which shall be replaced elsewhere on the prop- erty. (b) Permit exceptions. The following tree re- moval activities are exempt from the permit re- quirements of this division: Supp. No. 14 CD102:7 (1) Trees removed by the city or other govern- mental agency and which interfere with the safety of the motoring public or dis- rupt public utilities such as power lines, drainage systems and other public utili. ties. § 102-40 CAPE CANAVERAL CODE (2) All trees and plants, within a licensed tree nursery, planted for harvest provided said trees and plants are planted and growing on the premises of the licensee (4) and are for sale or intended for sale in their ordinary course of business. (3) The emergency removal of a dead or seri- ously damaged tree, to mitigate an immi- nent threat to the health, safety, and welfare of the property owner or the gen- eral public. (4) Land clearing and tree removal activities authorized and preempted by state or federal law. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidenc- ing that: (i) the property is requested as a silvicultural site with the division of for- estry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. (c) Permitted standards of review. When mak- ing decisions under this division, the city shall be guided by the following standard of review guide- lines: (1) Necessity to remove trees which pose a clear and obvious safety hazard to pedes- trian or vehicular traffic or threaten to cause disruption to public services or a significant obstacle to accessing and uti- lizing public easements and rights-of-way. (2) Necessity to remove trees which pose a clear and obvious safety hazard to build- ings and other improvements on a lot or parcel of land. Ordinary small cracks or uplifts in pavement, sidewalks, and nonoc- cupied structures that are typically caused by settling and small roots shall not be considered a safety hazard. (3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or trees with severe structural de- Supp. No. 14 CD102:8 fects that pose a clear and obvious safety hazard to people, buildings or other im- provements on lot or parcel of land. The extent to which tree removal is likely to result in damage to the property of other owners, public or private, including damage to lakes, ponds, streams, or rivers through runoff or erosion. (5) Any proposed landscaping including plans whereby the applicant has planted or will plant trees to replace those that are pro- posed to be cleared. (6) lbpography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface water. (7) Good forestry practices, such as the num- ber of healthy trees that a given parcel of land will reasonably support and the proven techniques that sustain healthy trees. (8) Necessity to remove trees in order to construct approved and permitted improve- ments to allow reasonable economic enjoy- ment of the property, including: a. Need for access around the proposed structure for construction equip- ment (maximum of ten feet). b. Need for access to the building site for construction equipment. C. Essential grade changes. d. Need for locating street or road rights- of-way, utilities, drainage ways, as well as the need to provide reason- able use and property access. (9) The extent of any damage or demon- strated hardship which would result to the applicant from a denial of the re- quested permit. (10) The species and size of the trees proposed for removal. (11) The following factors shall also be consid- ered: a. Trees forming the current canopy. VEGETATION b. Preservation of the next generation of trees. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-41. Specimen trees. Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hard- ships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102-43 of this division, except replacement and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in table 1. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-42. Special waiver provision. In furtherance of tree protection and preserva- tion and the related public purposes stated in section 102-37 of this division, any person or entity may request a limited waiver from any provision of the city's land development or zoning code upon submitting a written application pro- vided by the city. After review and recommenda- tion by the planning and zoning board, the city council may grant the waiver under the following conditions: (a) The waiver may be granted during the site plan review process. Such waiver shall be at the city council's sole discre- tion on a case -by case basis. (b) The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or the implementation of an extraor- dinary landscape plan that goes well be- yond the minimum requirements of the City Code including, but not limited to, planting additional and larger plant ma- terials and trees, planting premium A grade plants and trees, incorporating dec- orative hardship features into the landscape design (e.g. fountains, decora- § 102-4; tive fences and walls, trellises, lighting etc.), and planting premium A -grade plane materials and trees on public property. (c) The waiver is compatible with the sur• rounding area and the minimum waive] required to serve the public purpose states herein. (d) No waiver shall be granted which change: the list of permitted, conditional, species exception, or prohibited uses or height restrictions set forth in any zoning dis• trict category. (e) The waiver must be consistent with the city's comprehensive plan. M The waiver is not adverse to the public health, safety and welfare. (g) Any waiver granted under this section shall automatically expire and be; de- clared null and void if the underlying development order for the project expires, (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-43. Tree replacement guidelines. (a) T-ee replacement. All trees that are re. moved or destroyed and subject to replacement by this division shall be replaced by a desirable trees or such other trees properly approved by permit. Replacement shall occur prior to the issuance of a certificate of occupancy (if approval is pending) or within 30 days of removal or destruction, which- ever date is earlier, unless a greater replacement period is provided for good cause by permit. (b) [Criteria.] Criteria for replacement trees are as follows: Supp. No. 14 CD102:9 (1) Characteristics of replacement trees. The replacement tree(s) shall have at least equal shade potential, screening proper- ties, and/or other characteristics compa- rable to that of the tree(s) requested to be removed. (2) Size of replacement trees. Replacement tree(s) are to be made according to the tree replacement standards set forth in table 1 or as otherwise agreed upon by the city council and applicant. § 10243 CAPE CANAVERAL CODE (3) Tree species. Relocated or replacement trees (6) Replacement guidelines. The following tree shall include only species and sizes de- replacement guidelines shall apply: fined as desirable trees under this divi- sion. a. All plant material shall be Florida grades and standard one or better. (4) Transplanting and maintenance require- ments. All trees transplanted pursuant to b. For each tree located within a public this division shall be maintained in a conservation area (excluding juris- healthy, living condition. Any such trees dictional wetlands determined by the which die shall be replaced and main- St. John's River Water Management tained by the property owner. After accep- District or the U.S. Army Corp of tance of the trees and landscaping by the Engineers, or as depicted on the map city, the city shall retain jurisdiction for of existing wetlands in the city com- two year to ensure compliance with this prehensive plan) dedicated to the division. For new development projects city as part of a development project, which require at least ten new trees, the three replacement tree credits may city may require a performance bond in a be applied to the total number of form acceptable to the city attorney, as a trees required to be replaced by this condition of site plan or other permit division. However, the minimum tree approval, in order to ensure compliance requirement set forth in section with this subsection. 102-45 shall still apply. Such public conservation area must be at least (5) Waivers of replacement trees) specifica- one-third acre with widths not less tions. The number of required replace- than 75 feet, unless otherwise ap- ment trees may be waived by the city proved by the city council. In addi- council, if the city council determines that tion, trees approved by the building the remaining number of trees to be pre- official to reforest such conservation served on site are of sufficient number area shall also be applied to the and quality to substantially comply with replacement requirement on a one - the purpose and intent of this division for -one basis. and a tree replacement fee is paid to the city's "tree bank," which is hereby estab- C. If the city council determines, due to lished. Monies collected in the tree bank site conditions or configuration, it is shall be used for enhancement and main- impossible or impracticable for the tenance of trees on public lands. The applicant/developer to meet the re - contribution to the tree bank may be quirements for tree replacement, un - waived by the city council for individual der this subsection, the city council homeowners, on a case-by-case basis, if may allow the apphcant/developer to the homeowner can demonstrate that the pay into the city's "tree bank" the payment of the fee will cause the amount it would have spent on re - homeowner an undue economic hardship. placement trees. Substitute tree(s) allowed under this waiver provision must have the approval of the d. Tree replacement credit shall be al - city council. The value to be paid into the lowed for the installation of pre - tree bank shall be: established by resolu- ferred trees in accordance with the tion of the city council; set forth in table 1; provisions set forth in table 1 and and based upon wholesale market value section 102-54. In addition, for new of the trees being replaced, plus installa- development, tree replacement credit tion and maintenance costs to establish shall be allowed for the preservation the tree. of existing desirable trees on the Sum. No. 14 CD 102:10 VEGETATION development site, excluding wetland areas and existing conservation ar- eas, as follows: DBH of Preserved Reduction in Re- T-ee placement Trees 4" up to, but not 1 credit including, 9" 9" up to, but not 2 credits including, 12" 12" up to, but not 3 credits including, 16" 16" up to, but not 4 credits including, 24" Specimen and His- 0 credits toric Trees Notwithstanding the application of tree replacement credits, the minimum num- ber of trees to be planted under section 102-45 shall apply unless the city council approves an in lieu of tree bank contribu- tion. e. Trees shall not be planted under power lines. f. Diversity of species shall be required for replacement trees and the num- ber of each species shall be approved by the city. To the extent feasible, the city should endeavor to require no more than 25 percent of the replace- ment trees from a single species. (c) Replacement cost. The property owner shall be responsible for the cost of replacing the trees removed from their property. (d) Elimination of undesirable trees and shrubs. The natural vegetative communities existing within the city shall be protected by the control and elimination of invasive, nonnative species. To that and, the following guidelines shall apply - (1) Planting of trees and shrubs on the unde- sirable species list is prohibited. (2) Removal of trees and shrubs on the unde- sirable species list in section 102-53, from commercial, office, industrial, or multifam- ily sites (excluding jurisdictional wetlands), shall be completed, whenever practicable, as a requirement for approval of any de- velopment permit issued by the city or the issuance of a certificate of occupancy if applicable. § 102-4. (3) Control and elimination procedures shal in no way promote the proliferation of tho species through the dispersal of seed of other vegetatively reproducing parts. (4) Control and elimination procedures shat in no way harm or cause the decline a preserved or planted trees and landscap. ing. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-44. Prohibitions. (a) Placement of materials, machinery, or tem. porary soil deposits. It shall be unlawful to place material, machinery, or temporary soil deposiU within the tree protection zone, before or during construction. Before or during construction the builder shall erect and maintain suitable protec. five barriers around all trees to be preserved. Upon written request, the building official, on a case-by-case basis, may allow material or tempo- rary soil deposits to be stored within the protec• five barrier if no other storage is available. (b) Climbing spurs. It shall be unlawful to use climbing spurs or other similar device to aid in the climbing of a live tree, where such device causes the puncture or tears the bark of the tree. (c) 21ree spiking. It shall be unlawful to intro- duce any type of poison or reactive material to a tree for the purpose of causing it to die or become diseased. (d) Structure and pavement location. It shall be unlawful to place any permanent structure or impervious paving (except sidewalks) within eight - foot radius of any tree trunk or stem having a diameter of four inches or more at caliper. (e) City trees. It shall be unlawful to trim, prune, or remove any tree which is within the city's rights-of-way or upon any other city prop- erty without the permission of the city evidenced by the appropriate permit. (f) Attachments. It shall be unlawful to attach anything to a tree or stem, including nails or spikes, having a diameter of four inches or more at caliper, other than protective wires, braces or other similar noninjurious materials. Supp. No. 14 CD102:11 § 102-44 CAPE CANAVERAL CODE (g) Cut and fill guidelines. It shall be unlawful to remove or add any material or ground within the tree protection zone unless otherwise permit- ted by the building official. (h) Encroachment of the dripline. During the construction stage of development, the developer or property owner shall not cause or allow land clearing, the use of heavy equipment or material within the dripline of any tree or groups of trees to be retained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the dripline of any tree or groups of trees, or where planting beds are to be situated. (i) Shearing, hat racking, topping or poodle trimming of trees (lollipop), lions -tailing, pollard- ing of trees. Trees intended for shade purposes shall be allowed to reach their mature canopy spread. It shall be unlawful to engage in excessive pruning techniques on trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be allowed with a permit by demon- strating necessity or without a permit in times of emergency only. The following are deemed unlaw- ful excessive pruning techniques which are pro- hibited on shade trees: (1) Lions tailing. The improper practice of removing most secondary and tertiary branches from the interior portion of the canopy leaving most live foliage at the edge of the canopy. (2) Topping, hatracking, stag heading, dehorn- ing, lopping, and rounding over. The im- proper practice of reducing tree size by making heading cuts through a stem more than two years old; a pruning practice that destroys tree architecture and serves to initiate discoloration and perhaps de- cay in the cut stem. (3) Pollarding. The pruning technique that removes sprouts back to the same location annually or biannually maintaining a tree to a specific height. (4) Shearing. A pruning technique which is typically accomplished with cuts made through wood less than a year old at the sides of the canopy to create uniform dense canopies. (5) Poodle trimming. Combines shearing and removing lower limbs to create tree forms that look like a "lollipop." Q) Construction near adjacent property. Walls, structures, and pavement shall not be con- structed in any way which will result in damage to roots within the tree protection zones of trees located on adjacent properties. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-45. Minimum tree requirement. No certificate of occupancy shall be issued on the types of construction indicated below unless the underlying parcel has at least the required minimum number of approved trees: (a) Any new single-family, duplex or triplex dwelling unit on a lot of less than 6,000 square feet or greater: not fewer than two trees. (b) Any new single-family, duplex, and tri- plex dwelling unit on a lot equal to 6,000 square feet: not fewer than two trees plus one additional tree for each 4,000 square feet or fraction thereof over 6,000 square feet. (c) Any commercial, industrial, multifamily or other structure requiring site plan ap- proval under the city land development regulations: - no fewer than six trees or four trees per acre, whichever is greater. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-46. Tree protection during develop- ment and construction; peri• odic inspection. (a) Restrictions during construction. It shall be unlawful for any person, during the construction of any structures or other improvements, to place solvents, petroleum products, paint or masonry materials, construction machinery or temporary soil deposits within the dripline of any tree for which a tree removal permit is required but has not been obtained. This provision includes soil that is placed in the dripline permanently for the Supp. No. 14 CD102:12 VEGETATION purpose of a grade change, unless the grade is changed according to the guidelines described in the Florida Division of Forestry, Department of Agriculture and Consumer Services publication, Tree Protection Manual for Buildings and Devel- opers. (b) Burden of tree protection on property owner. It shall be the responsibility of a property owner and their agents to ensure that any tree shown on the tree inventory for which a tree removal per- mit has not been obtained is to be protected. The property owner shall guarantee survival of re- tained trees and replacement trees for two years from the date that the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If a retained or replacement tree dies during that time period, the property owner shall replace the tree in accordance with a remedial action approved un- der section 102-43 of this division. For new devel- opment projects, the city may require a perfor- mance bond in a form acceptable to the city attorney, as a condition of site plan or other permit approval, in order to ensure compliance with this subsection. (c) Protective barriers and signage required. Protective barriers shall be installed prior to construction around every tree or group of trees to be preserved. Waterproof, rigid "Protection Zone Area" signs, as shown on Appendix A: Tree Pro- tection Area Signage and not smaller than two feet by three feet shall be posted at 100 -foot increments along the protective barriers. (d) Site inspections. The building official may conduct periodic inspections of the site. It is the responsibility of the property owner and their agents to ensure that all provisions of this divi- sion are met. (e) Adjacent properties. The property owner and their agents shall ensure that the tree pro- tection zones of trees located on adjacent proper- ties are protected in the same manner that trees located on the development site are protected. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-47. Voluntary tree planting. This division shall not be interpreted to re- strict, regulate or limit the voluntary planting of §1024f any tree within the city, except undesirable spe• cies which are prohibited. The provisions of thi: division govern only the planting of trees whicb are required to be planted or retained under this division. Trees or plants planted in the city'sc rights-of-way are subject to removal or trimming by the city at any time. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-48. Waivers; incentive program; ad- ministrative interpretation ap• peals; incentive program. (a) Waivers of division requirements. The city council may grant a waiver to provisions of this division where the applicant demonstrates that the literal interpretation of the division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the division. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division :may appeal that interpretation to the city council by filing a written notice of appeal of said interpre- tation within 30 calendar days of said interpreta- tion. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mu- tual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. Supp. No. 14 CD 102:13 § 102-48 CAPE CANAVERAL CODE (c) Incentive program. The city council re- serves the right to offer and approve incentives for purposes of protecting and preserving mature trees and planting enhanced landscaping. Such incentives shall have a public benefit and may include, but are not limited to, waiving provisions of the city's land development and zoning code in accordance with section 102-42 of this division and providing credits to city development fees. Any incentives granted under this subsection shall be consistent with the comprehensive plan and shall be by development agreement or other formal approval by the city council. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-49. Remedial action. (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall re- quire mitigation of any other damage to the property, as well as tree replacements. The resto- ration plan shall be in addition to any civil pen- alty_imposed_by the citv_under section 102-38 of this division. (b) Tee replacement remediation requirements. Each tree destroyed or receiving major damage m violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a con- tribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 be- fore issuance of a certificate of occupancy or certificate of completion. (c) Property owner to guarantee survival of replaced trees. The property owner shall guaran- tee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is re- quired by development agreement. If the replace- ment tree dies, the tree shall be replaced in accordance with s section. For new develop- ment projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of approving the restoration plan, in order to ensure compli- ance with this subsection. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-50. Open burning of natural cover. Open burning of natural cover which is the result of land clearing is prohibited. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-51. Rules and regulations and fees for implementing this division. The city council may adopt, by resolution, such administrative rules and regulations and fees ____that are necessary_and.proper to implement this division. (Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-52. List of desirable species and plants. (a) All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and -plants -set forth in this section. The list of trees and plants in this section are intended to provide the developer and homeowner a list of appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is considered ideal for landscaping since these plants have become adopted [adapted] to the county's particular set of climatic conditions. The city council hereby finds that if native and other desirable vegetation suitable for the city's cli- matic condition are utilized in the form and size context in which they naturally occur, a long-lived and maintenance -free landscape scheme will re- sult within the city. (b) The key to codes used in the list is as follows: Supp. No. 14 CD102:14 (1) Community. (N) North Brevard County. (C) Central Brevard County. (S) South Brevard County. § 102-54 CAPE CANAVERAL CODE TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS Supp. No. 14 CD102:20 Number of Re - Number of Re- placement Small placement Can- Trees or Palms opy Trees Re- Required for DBH of Pro- quired for Each Each Tree Re- Contribution to tected Rees Tree Removed moved Preferred Plant Thee Bank 4" up to, but not 1 or 1 or Preferred or $250.00 including, 8" InDlant(s) w/credit 8" up to, but not 2 or 2 Preferred $500.00 including, 12" plant(s) w/cred- its 12" up to, but 3 Not allowed Preferred $750.00 not including, _ _ _. _ plant(s) w/cred- 16" its 16" up to, but 4 Not allowed Preferred — - $1,000.00 not including, plants) w/cred- 24" its >24" To be preserved; To be preserved; Tb be preserved; To be preserved; see § 102-41 see § 102-41 see § 102-41 see § 102-41 * These amounts may be adjusted biannually to compensate for increases to costs of plants as well as Ito costs of installation and establishment. - Supp. No. 14 CD102:20 Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Site Plans Item 7 No. The requested site plan is for four residential townhouse units. The site is located on N. Atlantic Avenue and AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: SEA SHELL CAY TOWNHOMES, (4) RESIDENTIAL UNITS LOCATED ON SEA SHELL LANE, HARBOR HEIGHTS DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the approval of Sea Shell Cay Townhomes as requested by the applicant, James Morgan, and recommended by the Planning & Zoning Board. Summary Explanation & Background: This item was tabled on 02-07-06, 02-21-06 and 03-07-06. City Council is seeking an expert opinion on the tree removal request for this property. The requested site plan is for four residential townhouse units. The site is located on N. Atlantic Avenue and Harbor Heights. The applicant has obtained a special exception to develop residential within this C-1 zoning district parcel. Sea Shell Cay special exception was granted on 08-29-05 with an extension date of 08-29-06 and a one-year extension available. The P&Z Board recommended approval of the site plan to the City Council with the following conditions: (1) add an easement to the final plat for access to Lot 3 to N. Atlantic Avenue, (2) meet the condition of the public works director for sewer connection, (3) provide a SJRWMD pernik/exemption for drainage, and (4) City engineer to review stormwater calculations provided by the applicant. Exhibits Attached: 1. P&Z recommendation letter dated 12-15-05 2. Site plan application 3. City planner report 4. Staff comments 5. Site plan (hand-out) City Mana -r.' 'Office Department GROWTH MGMT/P&Z cav kim\mvd current in\coun u\2006\03-21-06\seashell.doc City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 7 of 12 Mayor Pro Tem Hoog stated that one of the provisions in the Resolution is that the municipalities are provided alternative funding options for the purpose of responding to impacts of declared disaster and alternative funding is FEMA assistance. Mr. Russell shared his concern that the City Council would not engage in an argument with a federal funding agency and hinder emergency efforts such as was done in the New Orleans and Louisiana recovery efforts. Mayor Randels replied that Cape Canaveral responded immediately in a most recent hurricane and the City was reimbursed with FEMA funding. He explained further that Contingency Funding has been set aside to assist in emergency situations. Mr. Russell expressed his confidence in Florida legislators in recovery efforts. Mr. Boucher explained that in a declared disaster each city submits its request through the Brevard County Emergency Operations Center and that request is forwarded to Tallahassee for recovery response. Mr. Russell informed that in an East Texas recovery effort he heard arguments within chain -of -command; however, the responses he heard to his concerns from staff and the Council were acceptable. Mayor Pro Tem Hoog concluded that the priorities list is a summation and is derived from the cities around the State and some of the items would not apply to all cities. The list is a supportive effort among the cities. Mayor Randels provided Mr. Ray Osborne a copy of the list. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Adopt Resolution No. 2006-04. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS: 13. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant This item will be tabled until the City Council meeting of January 17, 2005. 14. Motion to Approve: Site Plan for Sea Shell Cay Townhomes, James Morgan, Applicant. Mayor Randels stated that the Planning and Zoning Board approved the Site Plan with the following four conditions: 1) to add an easement to the final plat for access to Lot 3 to North Atlantic Avenue, 2) to meet the condition of the public works director for sewer connection, 3) to provide a St. John's River Water Management District permit/exemption for drainage and 4) for the City Engineer to review stormwater calculations provided by the applicant. Mr. Morgan disclosed that he completed a Voting Conflict of Interest Form with the State due to his ownership of the property. Mayor Randels acknowledged a letter dated on December 19th from All Shores Development to request permission to remove a specimen tree along with City Council's City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 8 of 12 review of the Site Plan. Mayor Randels explained that any trees larger than 24 -inches depth/ breast diameter must be discussed with the Council before removal. Mr. Petsos asked if there was any discussion with the Planning and Zoning Board to move the building within the setback. Mr. Morgan replied that discussion occurred with the Building Official. Some discussion followed on moving the building. Ms. Bea McNeeley, Planning and Zoning Board Chairperson, replied that the Board did not address moving the building within the footprint. A resident stated that there is a 20 -foot public easement that traverses north to south between the first and second lot and the tree is on the easement. Mr. Gardulski replied to Mayor Randels that he was not aware of a public easement. Mr. Morley stated that he also was unaware of any easements. Mr. Morgan requested to see the easement. Mr. Lamar Russell stated that since new knowledge was before the Council, would the Council consider returning the item to the Planning and Zoning Board for further review. Mr. Morgan stated that he preferred to research for a public easement through County records. Attorney Garganese requested to table the item and to have the City ownership and encumbrance report. Mayor Randels requested that the resident contending the public easement submit that information to the City and the City would also order the encumbrance report. Ms. Martha Carroll reminded the Council to return to address the specimen tree removal first discussed. She stated that the ordinance addressed tree protection and she desired to see the ordinance used and trees preserved. Mr. Morgan concluded that the building was designed prior to the ordinance's development. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Table the Site Plan for Sea Shell Cay Townhomes. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 15. C-1 Low Density Commercial District Mayor Randels stated that he initiated this item for discussion. He acknowledged a new Ron Jon's Resort at the City's entrance and noted the number of surf shops in the Cocoa Beach area. Mayor Randels asked if there were any interest in setting limitations on retail shops. He read from the City Code Section 110-334 that establishes where service stations and vehicle rental facilities shall be located. Mayor Randels expressed his concern with a proliferation of surf shops. Mr. Petsos also expressed concern with a growing number of tourists and t -shirt shops. The Building Official stated that the City allows for Special Exceptions in commercial districts. Mayor Pro Tem Hoog said that he did not desire to see additional retail surf shops along the State Road A1A corridor. Mayor Randels noted seven within a three -block area in Cocoa Beach. Attorney Garganese stated that data, analysis and rationale were needed to establish municipal purpose. BROWN, GARGANESE, WEISS & UAGRESTA, P.A. !Attorneys at Lain Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee Joseph E. Blitch Usher L. Brown' & Cocoa Victoria L. Cecil Suzanne D'Agresta° Scott J. Domstein Anthony A. Garganese" Andrew M. Fisher J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss Paul H. McLester — Amy J. Pitsch 'Board Certified Civil Trial Lawyer °Board Certified City, County & Local Government Law January 13, 2006 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Sea Shell Cay Replat City of Cape Canaveral (513-001) Dear Bennett: Erin J. O'Leary Of Counsel This letter is in response to your email correspondence dated January 6, 2006, in which you asked whether a 20 -foot public utility and drainage easement located on property commonly referred to as "Sea Shell Cay" would be vacated upon the City's approval of a final replat of that property. Executive Summary Upon the City's approval and the subsequent recording of the final replat of the subject property in the Brevard County public records, that portion of the prior plat encompassed by the replat will be nullified in its entirety and any public easements or rights of way located on that portion of the prior plat will be automatically revoked. Facts According to your email, in August, 2005, the City approved a preliminary replat of property commonly referred to as "Sea Shell Cay" ("the subject property")' and final to legal description of the subject property is provided on the site plan, dated November 8, 2005, submitted for the Sea Shell Cav ouadDlex structure. 225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.oriandolaw.net • Email: firm@orlandolaw.net Bennett Boucher, City Manager January 13, 2006 Page 2 approval is pending. Once the final replat is approved and recorded, it will result in the combination of two parcels of property. The portion of the prior plat that is depicted in the replat depicts a 20 -foot public utility and drainage easement, which, once replatted and combined with the additional parcel, will run through the center of the replatted parcel. The developer of the subject property seeks to construct a new quadplex structure located directly over the public easement, thereby eliminating any practical use of the easement. You have indicated that there are currently no utilities located within the easement and as such, no utility company or adjacent property owner is currently being benefitted from the easement. Analysis As you know, under the City Code, preliminary plat approval is valid for a period of six (6) months. If an applicant has not obtained a construction permit, has not been granted one (1) six-month extension of time by the Planning and Zoning Board after demonstrating good cause, or has not made final plat approval within six (6) months of preliminary plat approval, the preliminary plat approval is revoked and the applicant is required to reapply under Chapter 98 of the City Code. See section 98-47, City Code. Furthermore, once final plat approval is sought, the final plat must conform substantially to the preliminary plat, as approved by the Planning and Zoning Board. See section 98-56, City Code. Additionally, Chapter 177, Part I, Florida Statutes, which addresses platting, provides in section 177.101(2): ... The approval of a replat by the governing body of a local government, which encompasses lands embraced in all or part of a prior plat filed of public record shall, upon recordation of the replat, automatically and simultaneously vacate and annul all of the prior plat encompassed by the replat. This provision of Chapter 177 allows for the City to replat a part of previously platted property and upon recording of the same, vacate that part of the prior plat encompassed in the replat. Given the applicable Florida Statutes and City Code provisions cited above, the City is authorized to proceed with the consideration of the Sea Shell Cay site plan even though the final plat has not been approved and recorded. However, the site plan is required to conform substantially to what was approved during preliminary re -plat review. At such time as the final replat is approved by the City, the same will be recorded in the public records and act to nullify that part of the prior plat encompassed by the replat, and any easements and rights of way included in that part of the prior plat will be revoked. So, while the public utility and drainage easement reflected on the prior plat is still technically considered a current easement of record, when the final replat is approved and recorded, the easement will no longer exist. Bennett Boucher, City Manager January 13, 2006 Page 3 Notwithstanding the above analysis, the City should give due consideration to whether any easements depicted on the relevant part of the prior plat of the subject property are being used. If so, the City should require that any existing infrastructure be removed and relocated, or that the property owner provide easements on the replatted property to accommodate any existing utilities. Moreover, in accordance with section 98- 47, should the developer fail to meet the requirements to record the final replat on a timely basis, the current plat of record will not be affected, and the easement will remain. matter. Please contact my office should you require further information regarding this Very yTruly Yours, Kate Latorre Assistant City Attorney MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director RE: Sea Shell Cay Townhomes Easement Vacation, Harbor Heights Sub. DATE: January 30, 2006 The Public Works Department reviewed the re -plat of the above stated project and has a concern about vacation of the easement as noted on the Harbor Heights First Addition Plan. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." Therefore, all future re -plat requests shall depict and note all easements that are new, existing and/or vacated as the result of the re -plat. This disclosure will assist staff in their review and prevent delays for the applicant. The Public Works Department has determined that the subject easement is not utilized and not needed, hence recommend the vacation of the subject easement as the result of the recorded re -plat of Sea Shell Cay Townhomes. Fit I61;/';'r1OF, PV ?h ; 21 -7H 1-7NnF I:n-T-ITTI =R PAW 0 ) .lanuary 3, 2006 Mr. Todd Morley City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE; Site Plan Review — Sea Shell Cay - Review #3 (Sea Shell Lane — New Quadraplex Building) SSA Job No. 05-00251012-1004 Dear Mr. Morley: SQA SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. 'This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. �r� John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee For Review #3 -- $SS.4Q NOTICE OF ADDITIONAL. FEES As this project is being reviewed under the crig;nal City contract. ring Fees for all reviews after 2w review will be billed at $95.00 per hour. Sr0'I'11 ER STAGG & ASSoC !ALES ARCHrMCTS ENGINF_.ERS PLANNERS, INC. x680 VJrth Atlm fic Aaeme F. O. Row 1080 Cape COMMveml, nerida 929,10 Tel 321-e83.132tr Fax 321-78XTW ):kiv4Tp ecb9 ,aw6ua cnel coy rwow 3 a{g10Ye dve Um MACrdl'.?324 OEB0000762 4LBOOM700 City of Cape Canaveral 005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Site Plan for Sea Shell Cay Townhomes - James E. Morgan, Applicant. At the Planning & Zoning Board meeting, held on December 14, 2005, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Meeting Date: 12/14/05 AGENDA Heading Site Plan Item # No. Exhibits Attached: AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Sea Shell Cay — Site Plan DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan for Sea Shell Cay. Summary Explanation & Background: The requested site plan is for four (4) residential units. The site is located at the corners of North Atlantic, Harbor Drive and Coral Drive. The site has a special exception to allow residential use in a commercial district. Exhibits Attached: 1) Application, information from that applicant and staff comments. Planning Official's Office Department CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT Project Name: RESIDENTIAL:._ - _— -- 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? 4 (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total-.$-- COMMERCIAL: otal: $COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00 SITE PLAN RESUBMISSION: 50 % of original fee ......... TOTAL: .............. ---------------------- DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units ($700.00 Over 4 Units to 50 Units .................. $1,800.00 Over 50 Units or Hotel/Motel ........ $2,800.00 COMMERCIAL: Up to 4 Acres.................$1,800.00 Over 4 up to 8 Acres.....$2,300.00 Over 8 Acres - Review fee to be established after pre - application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. Total Acres: Office Use Only: Escrow Account # 1-202.2400 -------------------- TOTAL REVIEW DEPOSIT RECEIVED: $ ` l C-C� , C`(:7� TC_ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ 50, C.C; PAID RECEIPT NO. DATE RECV'D 5cc, co ZZ i01 C-0 DATE: q PROJECT ItiA EE: LFGAT S OF AiRCMTECVENGDEER: c� ZtZ PHONE �Z.-_IIgER: A.-PPLICLNT'S SIGNATL-RE: 'ts:t� Otis'-ti�R OR AGENT NZ -FIBER: �, _ o /95 SITE PLAN APPROVAL, PROCEDURE: Step 1. Site Pian Submittal and Review Required: Yes Noq fired: New commercial building or structure? — New residential structures with three or more dweLLing Commercial addirions exceeding ; 8_ 0 square feet? If -yes has bei. �•- en checked on -any of the aboyP --is-�-e-quir-�, a -site p -l -a -n submirtal and review Step Z. Submit five (5- 1 copies of the s Professional Engineer, ire plan signed and sealed by a -ne` ,)lcensed in the State of Florida along with a fig fee to the Building Depar-rment 30 days prior to the Zoning Board meetin" ('rhe Board meets the 2nd and 4tPla�g and of every month.) h Wednesdav The Building Department shall distribute the site departments and return co Plans to the following submitral, mment< to the appii�nt within 10 days of its 1. Circ• Engineer 2• Building DeParment 3• Fire Official 4• Florida Department of Environmental Protecti (i appropriate) on tep 3. The applicant shall return nine (9) copies of the revised with «•rittea responses to all comments at least sevened site plan along ,a Planning and Zoning meeting, (�) days prior to tep 4. Compliance with Stormwater Tti Concurrency _ Ianagement, tep 5. The Building Department will rzturn one I ) copy of the applicant marked with the Board's approval subject to co site pian to the applicable.) ntingencies (if SITE PLAN CHECI;ZIST SITE PLAN INFORNUTION: (General) Yes No N.A. r Size. height, number of units and location of proposed and e�dsting structures. Dimensions tal-�r-a��--r-ea-a-nd- P-e=zzrrtaL-rs--devo ed to structures; Parking and landscaping. Number of units -Number of parking spaces and loading zones Traffic flow diagram Density (units per acre) Location and dimension for the following ares: — y Park(S) — Canal(s) — X Water- ay (s) -- Boat slip(s) — Parking — Swimming poolls) Driveway(s) Recreation r SITE PLAIN CHECKLIST (CO D) PAGE Z, T - Dune crossovers Other (specifv) T,, -De of enciosi re for COIIlIIIUTI`1j tl�C}]_CC1n_tlina_r_fcl Fire alarm and standpipe data Vici.niry mar) Location of planned IandscapinQ Finished grades for the following: Entire parcel Finished floors Streets Parking lots Sidewalks 10" of adjoining property Details. sections and specifications Street lights / Water and sewer F - SITE PLAN CIMSM,-ITEDI . , CIU ITCON PA-- 3 Yes No N.A. —' — Paving and drainage ` Curbs Storm drains Si dewalks Engineer: seal-o-n-drai�ings Souare footage of building areas Parking Other (spe--ifv) Total under roof Reauired notes: Sidewalk and sanitary Sewers to be constructed to City Cape Canaveral standards of S3ater dines to conform to City. of Cocoa standards Fire alarm system to be installed and connect to Cit_v of Cape Canaveral Fire Department standards. TOPOc� pIUC SLTR`-EY —' USC and G.S. daturn plane Existing stre a p _t lights ■■■:■+ ■0ON BREVARD COUNTY ROADWAY AND EASEMENT PERMIT PERMIT -TO BE POSTED AT JOB [E: 20050802 CONSTRUCTION TYPE: CITY PERMIT#: P01Y8323 ISE: DRIVEWAY FOR TOWN HOMES ZONING CLASS: %}NST. VALUE0 8AS HEAT: NO W: 24 146: 37 SC: 14 SUB: BK: LT: BDR: 0 L.AREA 0 �CODE: 901 S/D NAME: HARBOR HEIGHTS WEST CUNST: UILD. SIZE: COND'SQ/FT: ;ITE .DDRESS: SEA SHELL LANE �ONTRACTOR: DDRESS: IP PPL ICANT: N/A NUMBER 0 OTHER SQ/FT: 0 TOTAL SQ/FT: CAPE CANAVERAL PLAT BOOK AND PA8E lS NOT ON FILE MILL: CERT.#: PHONE: STREEl/ROAU At I.- CONSTRUCTION PHONE: CTTY 110RE5Sr 413 LINCOLN �VE CAPE CAN��YERA1' 32952 NUMBFR STREET/ROAD CITY 0 32952 26G0 0 SF 321 6939941 FRMlTTEE RESPONSIBLE FOR DAMA8ES TO ROAD/E054M£NT5 DURING CON5TRUC[10N CONDJTTONS FOR CONSTRUCTION: LOT DRAINAGE: FRONT DRAIN. WARP: CULVFRT: GAUGE ACCMP: RCP: AL|�MlN>]M: _ HEADWA|LS: MITER[]) ENDS PERMIT MUSl BE FAXFD TO ARFP F\OAD & BRJOSE PRIOR TO CALL FOR CULVERT TNSTALLATION: NORTH AREA: 264-6424 CENTRAL 455-1392-- S0KTH 255-4352 ~ APPHUVED DRIVEWAY WIDTH; 24' FORMBOARDS MUST RE 1"X6" OR 2"X6" WIDE TN COUNTY R7O.W. �& EASEMENTS.-LANDSCAPlNG IN RIGHT-OF—WAY & EASEMENTS R EQUIRE ADDIT]nNAL PERMITTING CALL 633-217RX2 CONCRETE 6 INT>iE5 IN DEPTH AND 3000 PSI WITH WIRE MESH IN COUNTY R/W 3 FT. MIN FLARES EACH SIDE OF DRIVEWAY. 40 FT. MIN FROM INTERSECTING ROAD R/W. RESTORE AND SOD ALL AREAS DISTURBED BY CONSTR. IN CNTY R/W OR EASFMENT Y /iCCFPTANCE OF TH193 PERMITTHE PERMlTTEE AGREES TO THE TERMS VD CONDITIDNS 0F THIS PERMIT. RIGH7—DF—WAY TNSPECTIONS MUST BE ]TlF[ED 48 HOURS PRIOR TO START DATE ON UTI-FITY CONSTRUCFlON AND ]MMERCIAL PROJECTS. PRE—POUR AND FINAL INSPEClIONS MUST BE �LLED IN 24 HOURS IN ADVANCE AND BY 4:30PM TO BE TN5PECTFD �E FOLLOWJNG DAY. PHONE 321-633-717R �P| [CANT MUST COMPLY WlTH F.S. 93'240 FOR UT[k[TY LOCATF INFORMAF1ON. iSPECTOR NAME: RANDY D(|RAND YSP SIGNATURE___ Contractor responsible for any damage to Right-Of-VVnvand Easements and must repair and restore k>Brevard County and Florida Department of Transportation Standards prior h]C/O urFinal Construction isnot tm mterfere with drainage __ DATE OF FINAL INSP__./___/___ DATE OF PRE—POUR [NSP__/ Chapter 556, Florida StatIles, requires the Permittee, prior to any ex . ca,ation or demolition activities, to noti�v the ONE -CALL sYstem.(also called Sunshine State One -Call). This is to be done not less than 2, nor more than 5, business days before beginning. City of Cape Canaveral Site Plan Sea Shell Cay Applicant: James Morgan Location: Range: 37 Township: 24 Section: 14 Lot 4 Proposed Amendment Acreage: C-1 Commercial: 0.54 +/- Acres Permitted 15 DU per acre: 8 residential maximum whole site Commercial C-1 N/A Proposed Number of Units: 4 Proposed Density: 7.45 DU/AC Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant proposes to build four (4), two story townhome units on a 0.54 acre lot. The subject site is located on the northeast quadrant of North Atlantic Avenue and Harbor Drive. 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 City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning Cl Commercial C-1 Commercial R-1 Residential C-1 Commercial Comp Plan Cl Commercial C-1 Commercial R-1 Residential C-1 Commercial Existing Conditions Vacant and Single Family Residential Multi Family Residential Single Family Residential Commercial 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 City's population as of April, 2004 was 9,807. This is still adequate park space available. AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 3 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate 1,000 gallons per day. 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. The amount of water needed for this project is 1,200 gallons per day. 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 site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. 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 development could generate 8 to 10 new persons. Pagel of 2 Bennett Boucher From: Todd Peetz [TPeetz@millerlegg.com] Sent: Thursday, December 15, 2005 11:23 AM To: Bennett Boucher; Todd Morley; Ed Gardulski; John Cunningham; Andy Kirbach; jpekar@stottlerstagg.com; Beatrice McNeely; chapman-cape@cfl.rr.com Subject: 12/14/05 P&Z & LPA Meetings Review Team, The FYI from Wednesday night's P&Z meeting. 1) Meeting Minutes - Minutes for 11/30/05 were approved with minor changes. 2) Utility Easement Agreement -Villa Campania -The Board recommended to council that the easement agreement be approved 5-0. 3) Special Exception 05-14 Residential in Commercial on Oak Lane - The Board recommended (after some discussion over the quality of the road) to the Board of adjustment that the special exception be approved 5-0. 4) Canaveral Bulk Storage Site Plan - There was considerable discussion over the process and the intention of the previous special exceptions granted on the property. It was agreed that at this time there doesn't appear to be any wrong doing on the part of the applicant or the City that had been suggested in the discussion. The applicant provided all the missing pieces of information that were requested at he last P&Z meeting. Recommend approval to City Council 5-0. 5) Sea Shell Cay Site Plan - There was some discussion about the few outstanding conditions that were identified by staff that the applicant has agreed to remedy. They were 1) add an easement to the final plat for access to lot 3 to north Atlantic. 2) Meet the condition of the public works director for sewer connection. 3) Provide a SJRWMD permit/exemption for drainage and 4) have the City engineer review the storm water calculations provided by the applicant. All other staff issues that were raised have been satisfied. The Board recommended approval to City Council with conditions 5-0. 6) Discussion Density Study - The meeting was already past 10 pm . Mr. Peetz provided a brief outline of the what the GIS information produced with some facts regarding different types of land uses. There was some discussion about what to do next. It was suggested to have a workshop with the City Council to discuss further. There was also some information related to the moratorium area discussed under this topic but it was in the context of the entire City. 7) Discussion Moratorium Study - Was not specifically discussed do to the time of night and the need to conduct the Local Planning Agency meeting. Meeting Adjourned approximately 10:20 pm The Local Planning Agency Meeting started approximately 10:20 pm 1) Meeting Minutes - Minutes for 6/8/05 were approved. 2) Discussion of the DCA ORC Report - We went through the objections and recommendations of the DCA Report. Mr. Peetz share with the LPA what DCA staff had mentioned in regards to the amendment. Basically the State does not want to increase density or intensity (square footage) in the CCCL area. It was discussed that the policy should be better clarified to meet the intent of the City. Some suggestions were provided like having greater building code standards, limiting density and or square footage to what property owners already have. Mr. Peetz mentioned that the City would need to adopt by January 20th to meet the Statutory requirement, next LPA meeting would be 1/11 and Council would need to 12/15/2005 Site Plan To: Miller Legg & Assoc. Todd Peetz Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.ore Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 18, 2005 Re: Sea Shell Cay Site Plan Review I have reviewed the Sea Shell Cay Site _ Plan and have the following comments; 1) The applicant does not state whether there is a shared access easement for the driveways. The site plan should identify shared drive way easement for the two properties on North Atlantic. This could also be done at the time of the final plat. If you have any questions, or need further information please feel free to contact me at 407-629-8880. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director RE: Sea Shell Cay_Townhomes Site Plan Review DATE: November 18, 2005 The Public Works Department has reviewed the above stated project and has the following Condition: 1. Any interconnecting 4" sanitary sewer laterals between two or more Units shall have a 6" or larger pipe from the union point to the sewer main. a r _J r i L—r—r< NA[al= 01 December 7, 2005 Mr. Todd Morley City of Cape Canaveral Building Department 105 Polk Avenue - Cape Canaveral, FL 32920 RE: Site Plan Review— Sea Shell Cay.- Review #2 SSA Job No. 05-00251012-1004 Dear Mr. Morley: SSA has reviewed the above -referenced project and based on our review, SSA has the following comments: 1. Provide a copy of the SJRWMD ERP Stormwater Permit/Exemption. 2. Please address the stormwater issues within the site. Provide a copy of the drainage calculations for the project including the routing of the 25-year/24-hour storm event. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. Q�l John A. Pekar, PE Sr. Vice President - City Engineer An irbach, P Project Engineer City Engineer's Review Fee For Review #2 — Included in Review #1 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2"" review will be billed at $95.00 per hour. STOTMER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. FiW Nortb Atlantic Avenue P. U. Bax 1630 Cape Caueveral, Flodda 32920 Tel 32i-7&3.920 Fax 321-7&9 7065 u:4oanwRamalciultorojedskapslseashe9aayroraw2.dor. Lie MAACO00<339 PEBO"162 #LBOOOC700 Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Site Plan Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN CONSIDERATION: DEVELOPMENT AGREEMENT WITH CANAVERAL BULK STORAGE INC. AND AMBASSADOR SERVICES, INC. DEPT/DIVISION: BUILDING DEPARTMENT Requested Action: City Council review and consider the approval of a development agreement with Canaveral Bulk Storage, Inc. and Ambassador Services, Inc. as prepared by the city attorney. Summary Explanation & Background: The development agreement addresses the conditions for the use and development of the proposed site plan. This agreement was not available when the agenda was processed and will be placed in your mailboxes by the 16�'. Exhibits Attached: City Man ice Department BUILDING DEPARTMENT cape-nz\xim\myaocuments\admin\council\meeting\2UU6\03-21-06\canbulk.doc Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Site Plans Item 9 No. This item was tabled on 01-03-06 and on 02-21-06 in order to clear up some code and property issues and draft a AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: CANAVERAL BULK STORAGE DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the approval of the Canaveral Bulk Storage site plan as requested by the applicant, Randy May, and recommended by the Planning & Zoning Board. Summary Explanation & Background: The request is to construct a conveyor belt system within the M-1 industrial district, adjacent to Port Canaveral. The applicant has obtained special exceptions for the conveyor belt and the outside storage of aggregate materials. This item was tabled on 01-03-06 and on 02-21-06 in order to clear up some code and property issues and draft a development agreement. The city attorney would encourage City Council to consider a development agreement to tie-in all the issues concerning land use and unity of title. Exhibits Attached: 1. P&Z recommendation letter dated 12-15-05 2. Site plan application 3. Canaveral Port Authority letter dated 12-13-04 4. City planner report 5. Staff comments 6. Unity of title document 7. Site plan (hand-out) City Managerls,)Office Department GROWTH MGMT/P&Z ca im\ doc s admi \meeting\2006\03-21-06\may aoc IM City of Cape Canaveral 005 [3enneu auucnur, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Site Plan for Canaveral Bulk Storage - Randy May, Applicant. At the Planning & Zoning Board meeting, held on December 14, 2005, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 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 Meering Type: Planning & Zoning Meeting Date: 12/14/05 AGENDA Heading Site Plan Item # No. At the 11/30/05 Planning and Zoning Board Meeting there were comments and questions concerning the site plan. The application was AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Canaveral Bulk Storage — Site Plan DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan for Canaveral Bulk Storage. Summary Explanation & Background: This request is for a site plan to construct a conveyor belt system with the purpose of moving and storage aggregate materials. The site is located adjacent to the Port. of Canaveral and has recently had a special exception approved for the constriction of a conveyor belt system that crosses the property lines and related setbacks. At the 11/30/05 Planning and Zoning Board Meeting there were comments and questions concerning the site plan. The application was tabled until the applicant could address issues of where the piles could go, show what special exceptions were approved previously, what are the elevations of the perimeter of the property, provide a unity of title, adds more information regarding the landscape plan, fix a minor error on the site plan (Section "C"), revised the drawings to reflect the correct usage of the approved special exceptions, a revised landscaping plan and timeline of when landscaping improvements would be made. Exhibits Attached: 1) Previously submitted materials. 2) A letter stating when the landscaping improvements would be complete. 3) A unity of title document 4) Revised site plan reflecting the changes to the drawing consistent with the special exceptions, Landscape information, site plan shows the special exceptions, provides elevations of top of berm and correctly labels Section "C". Planning Official's Office Department FEE:S X11 �Jl.} r 0� 30� , �o �� �(Leo c PROJECT INANr-E: LEGAL DESCRIP-nON: 214/ O'VV ER(S) OWN-ER()ADDRESS: 6.51 DATE:-( 5 ?E 2011 I AM6 ' J1 PHO'L"'I-E IZ-NLBER:�., NAAIE OF A-RCFIITECT/E-Gr,EER: U LAJ PHOLN-E I,i.-,IBER: A.PPLICLNT'S SIGH PH')' -'N E N,UN BER: 1/95 SITE PLAN '.PPROVAZ,ORNIATIC.. SITE PLANT APPROVAL PROCEDURE: Step 1. Site Plan Submittal and Review Required: Yes No New e v commercial buil � ding or structure? eiv residential structu g three or more divelliu units? res with thr` Commercial additions exceeding 8_0 square feet? If yes has been checked on any of the above, a site plan submittal and review LS required. Step 2. Submit five (" copies of the site plan signed Professional En Ji er and sealed by a .ne,.. , licensed in the State of Florida along �tiing fee to the Bh a uildin? Department 30 days prior to the playa and Zoning Beard meetin?. (The Board meets the 2nd and z- aLd of every month.) 4th ��ednesdav The Building Department shall di_ -tribute the site plans to the foll departments and return comments to the applicant wit owing submittal. within 10 days of its 1• Cit-• Engineer Building Department 3 • Fire Official 4. Florida Department of Environmental protection (i appropriate) Step 3. The applicant shall return nine (9) copies of the revised with Written responses to all comments at least seven site plan along a Planning and Zoning meeting (. days prior to Step 4. Compliance with Stormwater Concurrency Management. � nt. Step S. The Building Department will return one (1) copy of the s' applicant marked with the Board's approval subject to co tin len an to the applicable.) g cies (if Parking Swimming pool(s) Driveway (s) Recreation ;o 5 SITE PLAN CBECnIST SITE PLAN IyTORNIATION: (General) Yes 1\io N.A. Size. height, number of units and location of proposed and emoting structures. Dimensions - y Total gross area andercentage P devoted to structuress --- ---parking-and-landscap inQ. ----- --------------------- _✓ Number of units Number of parking spaces and loadin-g zone ✓ ., Traffic flow diagram Density (units per acre) Location and dimension for the following areas: �^ Park(s) CanaI(s) y N'. atef-ti- -i v (c) Parking Swimming pool(s) Driveway (s) Recreation ;o 5 SITE PLA�y CHEClulIST (CONTINrTED) c• PAGE 2. -r Yes No N.A. r J Trash €1 Sidewalks :< Dune crossovers V Other (specif-•) Tr . .•P e of enclosure for comm anal trash container(s) r Fire alarm and standpipe data `- 'G-iciniry man Location of planned IandscapinQ Finished Qraades for the following: — ,/ I I _�L__ Entire parcel Finished floors Streets Parking lots Sidewalks 10" of adjoining property Details. sections and suecifications Street lights Seater and sewer - --A-J-LQ 1 —Lkvw tI —UEDI RAGE 3 Yes No N.A. Paving and drainage Curbs Storm drains Sidewalks Engineer's seal on drawings — -------------------------------------------------- _- ---------____-------Sauare footage of huiiding areas � Living (/ Parking Others ( pe*:.ify) Total under roof Reouired notes: SidewaLand sanitary sewers to be con Cape Canaveral standards constructed to City of Neater dines to conform to City of Cocoa standards Fire alarm system to be in stalled and Cape Canaveral Fire Departrne t standards. to City of TOPOGRAPHIC SUR` -EY USC and G.S. datum plane _ ✓ Existing b stre-0t lights Canaveral Bulk Terminals, Inc. 1000 Southern Boulevard, Suite 300 West Palm Beach, FL 33405 May 25, 2004 To Whom it may concern: We are the owner of the property described in Exhibit "A" hereto and are the tenant under a lease with Port Canaveral to lease the balance of the property described in Exhibit "A" hereto. In connection with our application, we hereby appoint Randall L. May, as our attorney-in-fact, to file an application for such forms on our behalf and to take such actions as he shall deem necessary and appropriate in connection with such application. Please direct any correspondence on this matter to Mr. May at the following address: c/o Ambassador Lease Management, Inc., 245 Challenger Rd, Cape Canaveral, FL, 32920. If you have any questions regarding the above, please do not hesitate to contact us. Thank you for your cooperation. Very truly yours, CANAVERAL BULK ALS, INC. 0 By Enrique A. Tomeu, President O 5M _ JOF D MATHENY r-/' nn RAYMOND I' SI-iARKFY wmxo�" '-� PORT AUTHORITY V,.e Cnavman rOM G°oDs SecreiaryTreasure'e r RALPH J KENNEDY Cornnassroner RODNEY S KEiCHAM Cornnussinner December 13, 2004 To Whom It May Concern: This letter is to inform you that in August 2000 Canaveral Port Authority Commissioners approved the concept of a dust free aesthetically covered conveyor system running from the South Boulevard; at a height of not less than twenty (20) feet, and off-loading onto Ambassador Services property south of George J. King Boulevard. Project final approval to be contingent upon completion of all applicable permitting and staff engineering approval, which we are in the process of completing. If you need any further information, please feel free to contact me at (321) 783-7831 x257. Regard L�> Susan A. Cossey / Director, Tenant Development & Foreign Trade Zone 136 PORT CANAVERAL & FOREIGN TRADE ZONE 136 P.O. Box 267 • 200 George King Boulevard • Cape Canaveral, Florida 32920, USA • 321.783.7831 • Fax 321.784.6223 • 1.888 PORT -CAN www.portcanaveral.org l,; City of Cape Canaveral Canaveral Bulk Storage Site Plan Applicant: Location: Acreage: Proposed Number of Units: Current Future Land Use: Current Zoning: Designated Agent; Randall May. Range: 15 Township: 37 Section: 24 1.75 Acres Not Applicable Industrial M-1 Industrial M-1 Description: The applicant's site plan is to build a conveyor belt system from the Port of Canaveral. The subject parcel is currently occupied and located south of George King Boulevard and west of North Atlantic Avenue_ 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 City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing use and additional trips are not anticipated. North South East West Zoning Port Cl Commercial Cl Commercial M1 Industrial and R2 Residential Comp Plan Port C1 Commercial Cl Commercial M1 Industrial and R2 Residential Existing Port Canaveral Light Concrete/Asphalt Port Canaveral Conditions Manufacturing/ Plant Vacant 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 City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing use and additional trips are not anticipated. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. This project will not generate any added waste water. 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. This project could require approximately 1,400 gallons daily. Even though the variance request will not affect water quantity or quality 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 site consists of a Canaveral complex, gently undulating (Ca) soil type. Canaveral soils consist of nearly level and gently sloping soils that are a mixture of sand and shell fragments. The water table is between a depth of 10 to 40 inches for 2 to 4 months of the year and below a depth of 60 inches in the dry seasons. The natural vegetation is saw -palmetto and scrub live oak on ridges and sand cordgrass in sloughs. Historical and Archaeological Resources in Amendment Area: Not Applicable. Population Projections and Trends: Not Applicable. MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: August 11, 2005 RE: Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May f have reviewed the surbruittai L)f dic site phurreview fbi the above cf6enced project. Only one minor comment to label "Section C" located on page two. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. August 17, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review — Canaveral Bulk Storage - Review #2 SSA Job No. 95-0208/103-1004 Dear Mr. Peetz: SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. ��/ aQ_ - John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee For Review #2 — Included in 1n Review NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTI.ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065 Lic. #AAC000329 #EB0000762 #LB0006700 J:\CIVIL1Projects\CAPEg-canaveral bulk storage review 2 approve.&& - MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: August 11, 2005 RE: Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May project. Only one minor comment to label "Section C" located on page two. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. ,_r v • ­ — ..— vc I.UUOc.vc. AMOAJJAUUM Dee 6, 2005 City of Cape Canaveral Building Dept. Rat Canaveral balk storage site plan The landscaping will be compleW on or before the 310 of January 2006 Sincerely, Randy Canaveral Balk Storage 400I/001 UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of 2005, by and between AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., a Florida corporation, PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, P.O. Box 326, Cape Canaveral, Florida 32920. WITNESSETH: WHEREAS, AMBASSADOR SERVICES, INC. is the owner of certain property located in the City of Cape Canaveral, Florida more particularly described in Exhibit "A" attached hereto and made a part hereto, and WHEREAS, CANAVERAL BULK TERMINAL, INC. is the owner of certain property located in the City of Cape Canaveral, Florida, more particularly described in Exhibit "B" attached hereto and made a part hereto and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC is by virtue of two long term leases recorded at OR Book 5563 at page 6055 of the Public Records of Brevard County, Florida as to the Exhibit A property and OR Book 5563 at page 6038 of the Public Records of Brevard County, Florida as to the Exhibit B property, the long term lessee of both parcels and in possession of same. WHEREAS, these parcels of property lie contiguous to one another; and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC has assembled these parcels to improve the property by constructing a single commercial facility on both parcels of property; and said unified property is described in Exhibit "C" attached 1 hereto and made a part hereof, and WHEREAS, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC and the CITY OF CAPE CANAVERAL desire to have the parcels recognized by the City as one (1) lot for development purposes under the City's land development regulations; and WHEREAS, the CITY OF CAPE CANAVERAL as a condition of site plan , approval, has required the parties to record this Agreement to demonstrate unity of ownership and title in the above referenced parcels; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties, it is agreed as follows: 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. AMBASSADOR SERVICES, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit A. 3. CANAVERAL BULK TERMINAL, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit B. 4. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree, as a condition of site plan approval, that the above referenced parcels of land shall be united in ownership and title for development purposes upon recording of this Agreement. 5. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC further agree to not sell, 2 convey, or assign any interest in these parcels, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. 6. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree and consent that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by Port Canaveral Terminal Services, LLC. 7. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree the provisions of this Agreement shall be binding upon the successors and assigns of the parties. This Agreement shall run with the land. 8. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC represent and warrant the property does not constitute homestead property under the laws of the State of Florida. IN WITNESS WHEREOF, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, have hereunder set their hands and seals the day and year first above written. Signed, sealed and delivered i he presence of -ja� �2 3 Its STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an'officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared BAIA41 to me known personally to be the ,15 -f/J,�,l,,; of AMBASSADOR SERVICES, INC., who has produced14e,as identification. He has acknowledged before me that he has the uthority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. 1lVITNESS m hand and official seal in the state and County last aforesaid this day of �G , 2005. ow"..",xv CDRRINA L. HALL Notary Public - Stare of Florida N o a ry PubIic Corrur*WM Expires Sep 5,2009 Canmbsion # DD468286 Iv.Bonded By National Notary Assn. Signed, sealed and delivered in - presence • STATE OF FLORIDA COUNTY OF BREVARD CANAVERAL BULK t , INC. By — - -3 its l�Zis I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personaLly appeared oa-15 A,in r=I't , to me known personally to be the of CANAVERAL BULK TERMINAL, INC., who has produced4/��� as identification. He has acknowledged before me that he has the au h%tyto execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS m �hand and official seal in the state and County last aforesaid this 67-� day of 2005. ........... .n,,,,, CORRINA L. HALL Notary Public - State of Florida MM Cw n Minn Expires Sep 5, 2009 sa, Conxrdssion # DD468286 ; °F `��•a` Bonded By National Notary Assn. Z11C k Ac -o Notary Public 0 (13 Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD PORT CANAVERAL TERMINAL SERVICES, LLC By d��t its - I HEREBY CERTIFY that on this day, before me, an officer duly authori d in thehe State and County aforesaid to take acknowledgments, personal appeared to me known personally to be the/LFS'i �fiNl` of PORI CAVERAL TERMINAL SERVICES, LLC, who has produced i r/4'/ as identification. He has acknowledged before me that he has the au(hority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. \/)/ITNESS MY hand and official seal in the state and County last aforesaid this day of70 2005. CORRINA L. HALL Notary Public - State of Florida g • My Commission Expires Sep 5,2W9 CartaNasion # DD468286 n� Bonded By National Notary Assn. ATTEST:. , City Clerk Notary Public k, CITY OF CAPE CANAVERAL , Mayor EXHIBIT "A" Parcel 1: A Parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East ( A Department of Natural Resources Certified Section Corner Document No. 0018707, 4-10-84); thence South 0 degrees 47'35" East along the East line of said section 15, a distance of 1494.89 feet to the South Line of the North 174.90 feet of Government Lot 2, said section; thence North 89 degrees 52'44" West, along said line, a distance of 225.00 feet to the point of beginning; thence continue North 89 degrees 52'44" West, along said line a distance of 245.36 feet; thence North 23 degrees 08'26" East, a distance of 601.44 feet; thence North 0 degrees 00'0011 East, a distance of 124.61 feet; thence North 90 degrees 00' 00" East, a distance of 9.00 feet; thence South 0 degrees 00' 00" West, a distance of 678.17 feet to the point of beginning. Containing 1.642 acres, more or less and being subject to a 25.00 foot wide access easement along the East line and any other easements and/or rights-of-way of record. Parcel 2: The East 225.00 feet of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida, described as follows: Commence at the Northeast corner of Section 15 in Township 24 South, Range 37 East, thence go South on the section line 1494.9 feet to the point of beginning, thence South on said section line 451.3 feet. Thence West 945.5 feet to a stake on the shore of Banana River thence in a Northwesterly direction meandering the shore of the Banana River to a stake which is 1146.2 feet West of the point of beginning. Thence 1146.2 feet East to the point of beginning. Containing 11.06 acres more or less, together with riparian rights, said description being in accordance with survey of lands in Section 15, Towhsip 24 South, Range 37 East, For O.H. Chandler, Feb. 10, 1922, by Henrey B. Smith, Engineer. Less the East 225.00 Feet thereof. Parcel 3: A Parcel of land lying in Sectio 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, being a part of the lands described in Official Records Book 3463, Page 4483, Public Records of said Brevard County and being more particularly described as follows: Commence at the northeast corner of Section 15, Township 24 South, Range 37 East (A Certified Section Corner as Recorded in the Department of Natural Resources Document No. 00187), cv) Dated April 01, 1984); thence South 00 degrees 47' 35" East, along the East line of said Section 15, a distance of 559.00 feet to the Southerly line of the Canaveral Port Authority and the point of beginning; thence continue South 00 degrees 47' 35" East, along said line a distance of 935.49 feet to the North line of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida; thence North 89 degrees 34' 16" West, along said North line, a distance of 225.00 feet thence North 00 degrees 00'00" West a distance of 935.18 feet to the South line of the aforesaid Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 212.05 feet to the point of beginning. Containing 4.692 acres, more or less and being subject to any easements and/or rights-of-way of record. EXHIBIT "B" Lease Parcel A: A parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point in the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line. A distance of 890.41 feet to the point of beginning, said point being located at Station 238 + 07.69 and Range 2352.75 in the Canaveral Harbor grid system. Thence continue North 90 degrees 00'00" East, a distance of 296.69 feet; thence South 0 degrees 00' 00" East, a distance of 124.61 feet; thence South 23 degrees 08' 26" West, a distance of 601.44 feet to the Northerly line of the lands described in Deed Book 328, Page 311; thence South 89 degrees 52'44" West, along said line, a distance of 387.64 feet; thence North 0 degrees 00'00" East a distance of 174.90 feet to the Southwest corner of a Canaveral Port Authority Lease described in Official Records Book 3680, Page 1672, Public Records of Brevard County, Florida; thence North 89 degrees 54'08" East, along the South line of said Lease, a distance of 112.88 feet to the Southeast corner of same; thence North 23 degrees 08'26" East, along the Easterly line of said Lease and the U.S.Government meander line, a distance of 545.63 feet to the point of beginning. Said parcel containing 5.669 acres more or less, and being subject to any easements and/or rights of way of record. Lease Parcel B: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East, thence go South on the East section line 1494.90 feet to the point of beginning. Thence go South on said section line 451.30 feet, thence West 945.50 feet to the Easterly line of the Canaveral Port Authority; thence in a Northwesterly direction along said Port Authority's Easterly line to a point lying 11.46.20 feet West of the point of beginning. Thence 1146.20 feet East to the point of beginning. Containing 11.06 acres more or less. Together with riparian rights. Said description being in accordance with survey of lands in Section 15, Township 24 South, Range 37 East, for O.H. Chandler, Feb. 19, 1922, by Henrey B. Smith, Engineer, less the East 225.00 feet thereof, and subject to a perpetual and prepaid non-exclusive easements for ingress and egress over the Parcel 1 (Discovery Road Extension) as described herein which is specifically retained for the benefit of the Grantor, its successors and/or assigns. Along with perpetual and prepaid non-exclusive easements for ingress and egress over the following two parcels: i �J Parcel I: (Discovery Road Extension) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point on the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line, a distance of 1,435.77 feet to the Southeast corner of the lands described in Official Records Book 3692, Page 1672; thence South 90 degrees 00'00" West, along the South line of said lands a distance of 112.88 feet to the Southwest corner of said lands and the easterly right-of-way line of Discovery Road and point of beginning; thence South 00 degrees 00'00" West a distance of 174.90 feet to the North line of the lands described in Deed Book 328, Page 311; thence North 89 degrees 52' 44" West, along said Deed line, a distance of 50.00 feet; thence North 00 degrees 00'00" East, a distance of 174.90 feet; thence North 89 degrees 52'44" East, a distance of 50 feet to the point of beginning. All references refer to the Public Records of Brevard County, Florida. Parcel II: (Marlin Street Extension from the South Line of Canaveral Port Authority to the North 400 feet of the Lands Described in Deed Book 328 Page 3111 A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence South 0 degrees 47'35" East, along the East line of said Section 15, a distance of 559.00 feet; thence North 89 degrees 55' 48" West along the South line of the Canaveral Port Authority, a distance of 171.08 feet to the point of beginning; thence South 0 degrees 00'00" West, a distance of 391.87 feet; thence South 23 degrees 08'26" West, a distance of 40.72 feet; thence South 0 degrees 00' 00" West, a distance of 505.94 feet to the North line of the lands described in Deed Book 328, Page 311; thence South 0 degrees 4735" East parallel with the aforesaid East line of Section 15, a distance of 400.00 feet; thence North 89 degrees 52'44" West parallel with the South line of the lands described in Official Records Book 328, Page 311, a distance of 50.00 feet; thence North 0 degrees 47'35" West, a distance of 400.00 feet; thence North 0 degrees 00'00" East, a distance of 516.07 feet; thence North 23 degrees 08'26" East, a distance of 40.72 feet; thence North 0 degrees 00'00" East, a distance of 3 831.63 feet to the aforementioned South line of the Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 50.00 feet to the point of beginning. Said easements shall be perpetual and shall run with the land and shall include the right to construct and maintain road and sidewalk improvements over said parcels to effectuate ingress and egress of pedestrians and vehicles. EXHIBIT "C A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF AFORESAID SECTION 15 (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER); THENCE S 00° 47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 00047'35" E, ALONG SAID EAST LINE A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°52'44" W, A DISTANCE OF 945.50 FEET TO THE WESTERLY LINE OF SAID LANDS; THENCE N 24°3656" W, ALONG SAID LINE, A DISTANCE OF 496.83 FEET TO THE NORTH LINE OF SAID LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE S 89°52'44" E, A DISTANCE OF 288.17 FEET; THENCE N 00°00'00" W, A DISTANCE OF 174.90 FEET TO THE NORTH LINE OF GOVERNMENT LOT 2, SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE S 89°52'44" E, A DISTANCE OF 112.88 FEET TO THE EASTERLY LINE OF THE CANAVERAL PORTAUTHORITY; THENCE N 23°08'26" E, ALONG SAID LINE, A DISTANCE OF 545.64 FEET; THENCE N 90°00'00" E, A DISTANCE OF 266.15 FEET; THENCE N 00000'00" W, A DISTANCE OF 257.06 FEET; THENCE S 89055'48" E, A DISTANCE OF 251.62 FEET TO THE POINT -OF -BEGINNING. CONTAINING 23.070 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. OZ4 UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of , 2005, by and between AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., a Florida corporation, PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, P.O. Box 326, Cape Canaveral, Florida 32920. WITNESSETH: WHEREAS, AMBASSADOR SERVICES, INC. is the owner of certain property located in the City of Cape Canaveral, Florida more particularly described in Exhibit "A" attached hereto and made a part hereto, and WHEREAS, CANAVERAL BULK TERMINAL, INC. is the owner of certain property located in the City of Cape Canaveral, Florida, more particularly described in Exhibit "B" attached hereto and made a part hereto and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC is by virtue of two long term leases recorded at OR Book 5563 at page 6055 of the Public Records of Brevard County, Florida as to the Exhibit A property and OR Book 5563 at page 6038 df the Public Records of Brevard County, Florida as to the Exhibit B property, the long term lessee of both parcels and in possession of same. WHEREAS, these parcels of property lie contiguous to one another; and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC has assembled these parcels to improve the property by constructing a single commercial facility on both parcels of property; and said unified property is described in Exhibit "C" attached 1 L� hereto and made a part hereof, and WHEREAS, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC and the CITY OF CAPE CANAVERAL desire to have the parcels recognized by the City as one (1) lot for development purposes under the City's land development regulations; and WHEREAS, the CITY OF CAPE CANAVERAL as a condition of site,plan , . approval, has required the parties to record this Agreement to demonstrate unity of ownership and title in the above referenced parcels; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties, it is agreed as follows: 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. AMBASSADOR SERVICES, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit A. 3. CANAVERAL BULK TERMINAL, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit B. 4. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree, as a condition of site plan approval, that the above referenced parcels of land shall be united in ownership and title for development purposes upon recording of this Agreement. 5. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC further agree to not sell, PA: Z�' convey, or assign any interest in these parcels, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. 6. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree and consent that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by Port Canaveral Terminal Services, LLC. 7. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree the provisions of this Agreement shall be binding upon the successors and assigns of the parties. This Agreement shall run with the land. 8. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC represent and warrant the property does not constitute homestead property under the laws of the State of Florida. IN WITNESS WHEREOF, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, have hereunder set their hands and seals the day and year first above written. Signed, sealed and delivered in -presence o AMBA AD R SE ICES, INC. B Its 3 Cl STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the Stat and County aforesaid to take acknowledgments, personallyA eared to me known personally to be the of AMBASSADOR SERVICES, INC., who has produced '7yo- 41C. as identification. He has acknowledged before me that he has the authority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS mhand and official seal in the state and County last aforesaid this day of 12005. Nuu„ CORRINA L. HALL Y7 Notary Pubic - State of Florida Notary Public • W CW#*Sion Exphes Sep 5, 2009 Commission 0 DD468286 p 8 -de d 8y National Notary Assn. Signed, sealed and delivered CANAVERAL BULK INC. in the presence of c By ` STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personal) peared t4 05 T M eq , to me known personally to be the of CANAVERAL BULK TERMINAL, INC., who has produced `/J , as identification. He has acknowledged before me that he has the autho lty to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS m hand and official seal in the state and County last aforesaid this A day ofc , 2005. CORRINA L. HALL NMI Pubic - Stats of Florida Ny Comniss W Expires Sep 5.2009 COMMbsion / OD468286 Bonded 8y National Notary Assn. � d / 412,0 Notary Public 112 Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD PORT CANAVERAL TERMINAL S ERVJC.€S-L-1-C am I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared rt to me known personally to be the i rz'o-'-� -3, of PORT dANAVERAL TERMINAL SERVICES, LLC, who has produced 7k ,e✓rc, as identification. He has acknowledged before me that he has thea thority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS my hand and official seal in the state and County last aforesaid this day of c - , 2005. ATTEST: MiR NA L. HALL Nolary PUI* - State of Florida Wyr Cwaftion Expires Sep 5.2M Cann b*n t DD466286 BOrbad NdonslNotaryAssn. , City Clerk Notary Public R CITY OF CAPE CANAVERAL , Mayor (5) EXHIBIT "A" Parcel 1: A Parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East ( A Department of Natural Resources Certified Section Corner Document No. 0018707, 4-10-84); thence South 0 degrees 4735" East along the East line of said section 15, a distance of 1494.89 feet to the South Line of the North 174.90 feet of Government Lot 2, said section; thence North 89 degrees 52'44" West, along said line, a distance of 225.00 feet to the point of beginning; thence continue North 89 degrees 52'44" West, along said line a distance of 245.36 feet; thence North 23 degrees 08'26" East, a distance of 601.44 feet; thence North 0 degrees 00' 00" East, a distance of 124.61 feet; thence North 90 degrees 00' 00" East, a distance of 9.00 feet; thence South 0 degrees 00' 00" West, a distance of 678.17 feet to the point of beginning. Containing 1.642 acres, more or less and being subject to a 25.00 foot wide access easement along the East line and any other easements and/or rights-of-way of record. Parcel 2: The East 225.00 feet of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida, described as follows: Commence at the Northeast corner of Section 15 in Township 24 South, Range 37 East, thence go South on the section line 1494.9 feet to the point of beginning, thence South on said section line 451.3 feet. Thence West 945.5 feet to a stake on the shore of Banana River thence in a Northwesterly direction meandering the shore of the Banana River to a stake which is 1146.2 feet West of the point of beginning. Thence 1146.2 feet East to the point of beginning. Containing 11.06 acres more or less, together with riparian rights, said description being in accordance with survey of lands in Section 15, Towhsip 24 South, Range 37 East, For O.H. Chandler, Feb. 10, 1922, by Henrey B. Smith, Engineer. Less the East 225.00 Feet thereof. Parcel 3: A Parcel of land lying in Sectio 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, being a part of the lands described in Official Records Book 3463, Page 4483, Public Records of said Brevard County and being more particularly described as follows: Commence at the northeast corner of Section 15, Township 24 South, Range 37 East (A Certified Section Corner as Recorded in the Department of Natural Resources Document No. 00187), Dated April 01, 1984); thence South 00 degrees 47' 35" East, along the East line of said Section 15, a distance of 559.00 feet to the Southerly line of the Canaveral Port Authority and the point of beginning; thence continue South 00 degrees 47' 35" East, along said line a distance of 935.49 feet to the North line of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida; thence North 89 degrees 34' 16" West, along said North line, a distance of 225.00 feet thence North 00 degrees 00'00" West a distance of 935.18 feet to the South line of the aforesaid Canaveral Port Authority; thence South 89 degrees 55' 48" East, a distance of 212.05 feet to the point of beginning. Containing 4.692 acres, more or less and being subject to any easements and/or rights-of-way of record. C&II EXHIBIT "B" Lease Parcel A: A parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point in the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line. A distance of 890.41 feet to the point of beginning, said point being located at Station 238 + 07.69 and Range 2352.75 in the Canaveral Harbor grid system. Thence continue North 90 degrees 00'00" East, a distance of 296.69 feet; thence South 0 degrees 00'00" East, a distance of 124.61 feet; thence South 23 degrees 08' 26" West, a distance of 601.44 feet to the Northerly line of the lands described in Deed Book 328, Page 311; thence South 89 degrees 52'44" West, along said line, a distance of 387.64 feet; thence North 0 degrees 00'00" East a distance of 174.90 feet to the Southwest corner of a Canaveral Port Authority Lease described in Official Records Book 3680, Page 1672, Public Records of Brevard County, Florida; thence North 89 degrees 54'08" East, along the South line of said Lease, a distance of 112.88 feet to the Southeast corner of same; thence North 23 degrees 08'26" East, along the Easterly line of said Lease and the U.S.Government meander line, a distance of 545.63 feet to the point of beginning. Said parcel containing 5.669 acres more or less, and being subject to any easements and/or rights of way of record. Lease Parcel B: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East, thence go South on the East section line 1494.90 feet to the point of beginning. Thence go South on said section line 451.30 feet, thence West 945.50 feet to the Easterly line of the Canaveral Port Authority; thence in a Northwesterly direction along said Port Authority's Easterly line to a point lying 11.46.20 feet West of the point of beginning. Thence 1146.20 feet East to the point of beginning. Containing 11.06 acres more or less. Together with riparian rights. Said description being in accordance with survey of lands in Section 15, Township 24 South, Range 37 East, for O.H. Chandler, Feb. 19, 1922, by Henrey B. Smith, Engineer, less the East 225.00 feet thereof, and subject to a perpetual and prepaid non-exclusive easements for ingress and egress over the Parcel 1 (Discovery Road Extension) as described herein which is specifically retained for the benefit of the Grantor, its successors and/or assigns. Along with perpetual and prepaid non-exclusive easements for ingress and egress over the following two parcels: L'✓ Parcel I: (Discovery Road Extension) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point on the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line, a distance of 1,435.77 feet to the Southeast corner of the lands described in Official Records Book 3692, Page 1672; thence South 90 degrees 00'00" West, along the South line of said lands a distance of 112.88 feet to the Southwest corner of said lands and the easterly right-of-way line of Discovery Road and point of beginning; thence South 00 degrees 00'00" West a distance of 174.90 feet to the North line of the lands described in Deed Book 328, Page 311; thence North 89 degrees 52' 44" West, along said Deed line, a distance of 50.00 feet; thence North 00 degrees 00'00" East, a distance of 174.90 feet; thence North 89 degrees 52'44" East, a distance of 50 feet to the point of beginning. All references refer to the Public Records of Brevard County, Florida. Parcel II: (Marlin Street Extension from the South Line of Canaveral Port Authority to the North 400 feet of the Lands Described in Deed Book 328 Page 311) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence South 0 degrees 47' 35" East, along the East line of said Section 15, a distance of 559.00 feet; thence North 89 degrees 55'48" West along the South line of the Canaveral Port Authority, a distance of 171.08 feet to the point of beginning; thence South 0 degrees 00'00" West, a distance of 391.87 feet; thence South 23 degrees 08'26" West, a distance of 40.72 feet; thence South 0 degrees 00' 00" West, a distance of 505.94 feet to the North line of the lands described in Deed Book 328, Page 311; thence South 0 degrees 4735" East parallel with the aforesaid East line of Section 15, a distance of 400.00 feet; thence North 89 degrees 52'44" West parallel with the South line of the lands described in Official Records Book 328, Page 311, a distance of 50.00 feet; thence North 0 degrees 47' 35" West, a distance of 400.00 feet; thence North 0 degrees 00' 00" East, a distance of 516.07 feet; thence North 23 degrees 08'26" East, a distance of 40.72 feet; thence North 0 degrees 00'00" East, a distance of 3 83 1.63 feet to the aforementioned South line of the Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 50.00 feet to the point of beginning. Said easements shall be perpetual and shall run with the land and shall include the right to construct and maintain road and sidewalk improvements over said parcels to effectuate ingress and egress of pedestrians and vehicles. �3� EXHIBIT "C" A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF AFORESAID SECTION 15 (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER); THENCE S 000 47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 00047'35" E, ALONG SAID EAST LINE A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89°5244" W, A DISTANCE OF 945.50 FEET TO THE WESTERLY LINE OF SAID LANDS; THENCE N 24036'56" W, ALONG SAID LINE, A DISTANCE OF 496.83 FEET TO THE NORTH LINE OF SAID LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE S 89052'44" E, A DISTANCE OF 288.17 FEET; THENCE N 00°00'00" W, A DISTANCE OF 174.90 FEET TO THE NORTH LINE OF GOVERNMENT LOT 2, SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE S 89°52'44" E, A DISTANCE OF 112.88 FEET TO THE EASTERLY LINE OF THE CANAVERAL PORTAUTHORITY; THENCE N 23°08'26" E, ALONG SAID LINE, A DISTANCE OF 545.64 FEET; THENCE N 90000'00" E, A DISTANCE OF 266.15 FEET; THENCE N 00000'00" W, A DISTANCE OF 257.06 FEET; THENCE S 89°55'48" E, A DISTANCE OF 251.62 FEET TO THE POINT -OF -BEGINNING. CONTAINING 23.070 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Ordinances -2 ad Reading Item 10 No. Ordinance No. 01-2006 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2006, EXTENDING FOR (6) MONTHS A MORATORIUM ON SPECIAL EXCEPTIONS, SECTION 110-334(10), ALLOWING R-2 RESIDENTIAL WITHIN THE C -I ZONING DISTRICT ALONG THE Al CORRIDOR DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider adoption of Ordinance No. 01-2006, extending for (6) months a moratorium on special exceptions, Section 110-334(10), allowing R-2 residential within the C-1 zoning district along the Al corridor. Summary Explanation & Background: The Planning & Zoning Board recommended this ordinance at their 02-22-06 meeting. Exhibits Attached: Ordinance No. 01-2006 City Manager's Office Department LEGISLATIVE c im\m oc in\coun n 2A.06\03-21-06\01-2006.doc ORDINANCE NO. 01-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE AlA HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE AIA HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE AlA HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG AlA BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90 -day moratorium on accepting applications and issuing special exceptions under section 110- 334(10) ofthe City Code regarding residential uses within the C-1 Commercial Zoning District along the AIA Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board determined that the issue of appropriate uses along the A 1 A Highway corridor requires additional study; and WHEREAS, the Business and Cultural Development Board shall conduct a survey of the City's residents with regard to what kinds of business they desire along the AlA Highway corridor; City of Cape Canaveral Ordinance No. 01-2006 Page 1 of 3 and WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas along the AlA Highway corridor should allowing special exceptions pursuant to section 110-334(10) along AIA be permanently discontinued; and WHEREAS, the City Council desires to extend the current moratorium for an additional six (6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the Business and Cultural Development Board and the Planning and Zoning Board to complete their respective analysis of the appropriate uses along the AIA Highway corridor; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to extend the temporary moratorium in order to study alternative methods ofregulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Extended. That the above recitals are adopted as Findings of Fact which clearly justify the six (6) month extension of the moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts along the AIA Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) of the City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the City's residents with regard to the kinds of businesses the residents desire to see along the A 1 A Highway corridor, and report the results of such survey to the Planning and Zoning Board and City Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate potential problems areas along the AIA Highway corridor should special exceptions pursuant to section 110-334(10) be permanently discontinued. Section 3. Expiration Date. The moratorium shall expire on September 30, 2006, six (6) months after its effective date. The expiration date of the moratorium may be extended for sixty (60) days by resolution of the City Council at a duly held Council meeting. City of Cape Canaveral Ordinance No. 01-2006 Page 2 of 3 Section 4. 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 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. 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 expiration of the current moratorium on March 31, 2006, which was enacted pursuant to Ordinance 19-2005 and Resolution 2006-05. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos 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. 01-2006 Page 3 of 3 0d-00170 1~ CITY OF CAPE CANAVERAL I ,�.':�.:.. �-= "' --• •~-••-~� M I L L E R� EGG AIA NORATORium CORRIDOR ,00.00-00 .. enss.rv�,.n.r.ee�•.tt�;rl,�•�.�_u:yswien :�.:'.S..r. ��:�:.� OF PU81.416 HEARING CITTOF CAPE CANAVERAL, FLORIDA The City Council of the City of Cape Canayerat, Florida will hold a. Public Hearing for first-' reading of Ordinance No..01,-.2006.in the,City HaWAnpex,'1111. Polk Avenue, Cape Canaveral, Florida at 7:00 P.M.,, on'Wedn9scip'k; March, 8,,2006. The ordinance. may be inspected in its entirety in the City, Clarie.s Office dUriMonday - Friday). ng business hours 8:30 a.m. to 5 p.m., ORDINANCE NO. 01 -2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY, OF CAPE CANAVERAL-, . FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE AIA HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE AIA HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE AIA HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG AIA BE - PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUMTO THE EXTENT NECESSARY, PROVIDING FOR THE REPEAL OF PRIOR, INCON91 STENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. ilmbu_wl� 0 .11 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 oth6rwise 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 '. '.. •f` W .... .. .. �...u...a y.:..n+ .H.'Htmegv�nW4Z%K'i�.i. a ..v.o Rp.ro+ TUESDAY. MARCH 14-2006'3B SUGGESTIONS. and parent conferences will held Thursday and Monday. Spring break will be the Belinda Stewart at ,and 23. bstewart@flatoda3 R b 9® er.com xr� 3,634 or NOTICE OF PUBLIC HEARING::. � ' tf CITY OF CAPE CANAVERAL, FLORIDA The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for second reading of Ordinance No. 01-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, March 21 j 2006. The ordinance may be inspected in its entirety in the City Clerk's. Officeduring business hours (8:30 a.m. to 5 p.m., Monday - Friday). ORDINANCE NO. 01-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE Al HIGHWAY.CORRIDOR FOR PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE Al HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE Al HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG Al BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City fnr tho intrnrim-tinn I, •� i. a A Y H b Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Ordinances -2nd Reading Item ( j No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2006, AMENDMENTS TO CHAPTER 110 DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider adoption of Ordinance No. 02-2006, amending Chapter 110, clarifying the building official's duties and authority; clarifying the general requirements for a building permit and application requirements. Summary Explanation & Background: These amendments are a result of a joint code review workshop meeting with the Planning & Zoning Board. The board recommended this proposed ordinance at their 02-22-06 meeting. I recommend approval. Exhibits Attached: Ordinance No. 02-2006 City Manager' Office ;,� Department GROWTH MGMT/P&Z ca im\ doc admin\council\meeting\2006\03-21-06\02-2006.doc DRAFT 2-10-06 ORDINANCE NO. &J-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE BUILDING OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; 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 and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on January 17, 2006, that revisions are required to clarify and simplify Chapter 110 with regard to the duties and authority of the building official and the building permit application process and requirements; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby fords this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Zoning. It is intended that the text in Chapter 110, Zoning, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. _-2006 Page l of 5 DRAFT 2-10-06 CHAPTER 110. ZONING ARTICLE III. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY Sec. 110-87. Enfo. centeo t Interpretation of chapter. It is the intent of this chapter that all questions regarding the interpretation and application of onfomement the provisions of this chapter shall be fust 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 and particttiariy by state 1 . It is further the intent of this chapter that the duties of the city council in connection with this 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. Sec. 110-88. Duties of building official. (b) If the building official finds that any section of this chapter is being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal work being done or shall take any other action authorized by this chapter or by law to ensure compliance with or to prevent violation of this chapter. Sec. 110-91. Conformity to plans, specifications, intended uses and applications. Under this chapter, building permits or certificates of occupancy issued by the building City of Cape Canaveral Ordinance No. _-2006 Page 2 of 5 DRAFT 2-10-06 department on the basis of plans, specifications, intended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications shall be deemed a violation of this chapter and shall authorize the building official to revoke or suspend any previously issued building permits or certificates of occupancy, or pursue any other remedy necessary to carry out his or her duties under this chapter and other applicable law enabie the and the building pennit o. certificate of occapancy is biought carrent. Sec. 110-92. Schedule of fees, charges and expenses. (a) The fees and charges, in connection with matters pertinent to zoning, including, but not limited to, zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals, shall be as set forth in appendix B to this Code. When the fee has been paid and the application filed, there shall be no return or rebate of the fee, regardless of the city's determination in the matter involved. (c) No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning petitions, zoning ordinance amendments, special exceptions, variances petitions fm c1mges in zoning dis or appeals shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. All fees, costs and charges, upon collection, shall be deposited in the general fund of the city. Secs. 110-93-110-105. Reserved. DIVISION 2. PERMITS Sec. 110-106. Required. (a) No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the building official in accordance with law. No - building perrrdt shall be iss=d, except in conforntity w ith tbis chapte, wrd section i 66 of the buffding code pt o Y ided by this chapter. City of Cape Canaveral Ordinance No. _-2006 Page 3 of 5 DRAFT 2-10-06 Sec. 110-107. Application. (a) All applications for building permits required under this chapter shall be made in conformity with this chapter and other applicable city ordinances or codes, including those ordinances or codes applicable to the building and construction industry. All applications for building permits shall be accompanied by the approvriate number of copies of plans, as determined by the building official in doplicatte, drawn to scale, showing the legal description and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the size, shape and location of the building or alteration, including accessory buildings or structures, if any. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. (b) It shall be unlawful for any person to continue construction of any building or structure beyond grade beam form, stemwall form or monolithic slab form, as appropriate to the type of foundation construction, until a scaled form -board survey has been prepared in -duplicate by a Florida licensed surveyor and approved by the building official. shall be chnned to the owner, and one One copy of the survey shall be filed with the city. The form -board survey shall be indicative of the intended placement of concrete for the foundation of the structure and shall include, at a minimum, the name and address of the project, the elevations at the top of the forms, the elevations of the centerline of the abutting roadway, the dimensions for the structure, the dimensions to the property lines, and the dimensions to other structures and improvements located on the same lot. Sec. 110-108. Expiration. The expiration date of the building permit shall be in accordance with section f 66.6 the building code adopted in section 82-31. Secs. 110-109--110-120. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. _-2006 Page 4 of 5 DRAFT 2-10-06 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 2006. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos _ 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. _-2006 Page 5 of 5 View Legal Ad# 696262 Print Window Gose Window AD#696262-3111,2006 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 02-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, March 21, 2006. The ordinance may be inspected in their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 02-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE BUILDING OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER 110, ZONING; CLARIFYING THE GENERAL REQUIREMENT FOR A BUILDING PERMIT; AMENDING BUILDING PERMIT APPLICATION REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk AD#: 696262 Publication: Florida Today First Published: 03-11-2006 Page 1 of 1 htti)://www.flatoday.net/legals/disi)lay.htm?CMD=DISPLAY&Id=21002 3/13/2006 Meeting Type: Regular Meeting Date: 03-21-06 AGENDA Heading Discussion Item 12 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: BALLOT QUESTION AMENDING THE CITY CHARTER, ARTICLE III, SECTION 1, ELECTED OFFICERS, QUALIFICATIONS AND TERMS DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Pro Tem Bob Hoog is requesting City Council consider a ballot question amending the City Charter, Article III, Section 1, Elected Officers, Qualifications and Terms, adding ethics violations language for removal from elected office. Summary Explanation & Background: Discussion item only. Exhibits Attached: Charter Article III, Section 1 City Mana; gems, Office Department LEGISLATIVE ca im\ doc admin\council\meeting\2006\03-21-06\ballot.doc §1 CAPE CANAVERAL CODE other acts and perform all other functions reasonably required for the protection of the public welfare, and the rights and privileges of the inhabitants of said City. ARTICLE III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS* Sec. 1. Qualifications of mayor and council. members. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his or her office and his or her seat shall immediately be- come vacant. Absence from four consecutive reg- ular meetings of the City Council, or from thirty percent of the meetings held annually, shall oper- ate to vacate the seat of a member of the City Council or the office of the Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. (Ord. No. 14-89, § 1, 10-17-89; Ord. No. 38-93, § 2, 10-19-93) Sec. 2. Appointed officers. The City Council shall have the power to ap- point, employ and remove from office such officers and employees of the City as the City Council shall deem necessary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmembers. The City Council shall fix the compensation of all appointed officers of the City by resolution. The appointed officers shall be those of the City Man- ager and the City Attorney. (Amended by election, 11-8-83; Ord. No. 38-93, § 3, 10-19-93) *State law reference—Elections, state election code, F.S. chs. 97-106. Sec. 3. Compensation of officers. The City Council may, by Ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. (Ord. No. 30-94, § 1, 8-2-94) Sec. 4. Vacancies in elected offices. If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, or a vacancy occurring due to a Council Member's resignation pursuant to F.S. 99.012(3) commonly referred to as the "resign to run law," the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Member who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any Council Member so elected shall take office immediately upon that person's election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Council Members to fill the vacancies on the City Council and appoint successor Council Members to fill the vacancies on the City Council and any Council Members so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Council Mem- bers whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such ap- pointments shall be made within six (6) months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the next General Election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. If a vacancy occurs in the City Council, due to a resignation pursuant to the resign to run provision of F.S. 99.012(3), then the vacancy shall be filled by a vote of the electors of the City for the remainder of the original term at the same elec- tion for which the vacating Council Member seeks Supp. No. 7 CHT:8