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Packet 02-21-2006 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY OF 111 Polk Avenue, Cape Canaveral, Florida CAPE CANAVERAL TUESDAY k� February 21, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Certificate of Completion of the Institute for Elected Municipal Officials to Mayor Rocky Randels CONSENT AGENDA: City Council Regular Meeting Minutes of February 7, 2006. 2. Outdoor Permit for the Walk for Bibles, Sponsored by the Brevard Baptist Association. CONSIDERATIONS: 3. Motion to Approve: Two Year Agreement with Brevard County for Lifeguard Services. 4. Motion to Approve: Cooperative purchase of Sanitary Sewer and Manhole Lining in the Amount of $100,433. 5. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending December 31, 2005. 6. Motion to Approve: Authorization to Negotiate the Purchase of the Building Located at 8680 N. Atlantic Ave., for a Police Station, Based Upon City Council Making an Offer. 7. Motion to Approve: Proposal from Green Blades of Central Florida, Inc. for Preliminary Design and Public Participation for the Ridgewood Ave. Streetscape Project in the Amount of $9,735. 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 February 21, 2006 Page 2 of 2 8. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. SITE PLANS: 9. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. 10. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant. DISCUSSION: 11. Proposed Countywide Sexual Predator Ordinance. 12. Consideration of an Offer to sell the City Lot 3 (Harbor Heights West Subdivision), by John Johanson representing Triple J investments, LLC. 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. ADJOURNMENT: Pursuant to Section 286.0105, Horida Stages, 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 Cleric's office (868-1221) 48 hours in advance of the meeting. THE JoaN Scary DAm FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA STATE UNIVERSITY January 30, 2006 Susan Stills City Clerk City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32920 Dear Ms. Stills: Enclosed is a Certificate of Completion to be awarded to Mayor Randels. This certificate is for the completion of the Institute for Elected Municipal Officials. We ask that this presentation be included as an agenda item for your next council/commission meeting and be formally recorded in the minutes. We believe the importance of this accomplishment should be known to key officials and to the community. We have included a sample press release for your convenience. Thank you so much for your cooperation on this. If you have any questions, please call me at (850) 487-1870. Sincerely, Q ":�-4 Kathyttig Kat Sr. Training Specialist enclosure 325 John Knox Road, Building 300 • Tallahassee, FL 32303 Telephone: (850) 487-1870 • Fax: (850) 487-0041 • http://iog.fsu.edu • email: fig@mailer.fsu.edu Sample Press Release for IEMO Participants Contact at City Hall: (name and number) For immediate release The Hon. (title and name) of (city, town or village) participated in a training program for elected municipal officials January 20-22, 2006. The Institute for Elected Municipal Officials, sponsored by the John Scott Dailey Florida Institute of Government and the Florida League of Cities is a three-day, intensive program for both newly elected and veteran city officials. The program was held in Gainesville, Florida. The weekend course consists of six sessions: Structure and Function of Cities in Florida; Effective Council Member Techniques; Taxes and Other Sources of Revenue; Accounting and Budgeting for Cities; Intergovernmental Challenges in Florida; and Understanding the Ethics and Sunshine Laws in Florida. Participants receive a certificate if they complete the 18 hours of the weekend program. Speakers are provided through the League and the Florida Institute of Government. (Insert quote from elected official about the program, its benefits, and what he or she learned). The League and Institute started this training program in 1992, and is offered three times each year, in varying locations. For more information about the program, contact Lynn Tipton, at the Florida League of Cities at (850) 222-9684, or Kathy Sittig at the Florida Institute of Government at (850) 487-1870. Tae Joffiv Sco�rr DwneY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA STATE UNIVERSITY January 30, 2006 Mayor Rocky Randels City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32920 Dear Mayor Randels: On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, I am pleased to award this certificate to you for the completion of eighteen hours of instruction at the Institute for Elected Municipal Officials. It is our sincere hope that you found the program challenging, informative, and rewarding. Now that you have taken the basic IEMO, we encourage you to attend the Advanced Institute as well as other League and Institute of Government programs. We strongly believe that your willingness to complete this program of study is indicative of your commitment to improving the quality of municipal government in Florida. We commend you for this and sincerely thank you. With Warm Regards, Jeff Hendry Executive Director enclosure 325 John Knox Road, Building 300 • Tallahassee, FL 32303 Telephone: (850) 487-1870 • Fax: (850) 487-0041 • http://iog.fsu.edu • email: fig@mailer.fsu.edu M O LL r L ur V L V Do >� d =w d J x� LU �p .O LL 4+ ■.� // RR � CL w V w � V4 now � to � 0 � P N M O LL r L ur V L V Do >� d =w d J x� LU �p .O LL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 7, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Leo Nicholas Council Member Buzz Petsos Council Members Absent: 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 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 17, 2006. 2. Resolution No. 2006-06; Appointing an Alternate Member to the Planning and Zoning Board (John Johanson). 3. Cooperative Purchase of a Caterpillar 416D Back -Hoe Loader in the Amount of $52,418. 4. Outdoor Entertainment Permit for the Brevard County Traveling Skate Park. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 2 of 9 Mayor Pro Tem Hoog 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 item for discussion. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. CONSIDERATIONS: 5. Motion to Approve: Interlocal Agreement with the City of Cocoa Beach to Share a Brevard County Metropolitan Planning Organization Seat. Council discussion clarified that this item was one of their expressed goals. Mayor Pro Tem Hoog stated that the City of Cape Canaveral would occupy the seat in the years 2006, 2009 and 2011. A nomination for the seat would occur after approval from the Planning Organization. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Interlocal Agreement with the City of Cocoa Beach to Share a Brevard County Metropolitan Planning Organization Seat The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. 6. Motion to Approve: Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673(AFL-CIO). Mayor Pro Tem Hoog clarified that Union members agreed to the 3 percent Cost of Living Allowance effective October 1, 2005 and a matching Pension contribution of up to 3 percent by the City and the employee. Mr. Boucher explained that Ms. Stills worked with the Union in negotiations to obtain pre -approval from Council. This would effect a smooth transition at the time of the Pension Amendment adoption in the 2006/ 2007 Budget. Mr. Boucher replied to Mr. Nicholas that the cost to the City for its share of the matching contribution was approximately $20,000. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Amendments to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 3 of 9 7. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. Mr. Morgan disclosed that he was unable to vote on the item and due to the lack of a quorum for voting purposes he requested to remove the item from the Agenda. Mr. Boucher pointed out that this item related to Item No. 9. Mayor Pro Tem Hoog clarified that the Motion to Postpone would include both Item Nos. 7 and 9 to the next City Council Agenda. Mr. Morgan stated that Federal Constitutional Law sets the standard for Municipal Law and he referenced Vested Rights in Black's Law and a Supreme Court decision on the changing of a zoning ordinance referenced in Mr. Russell's book, Lessons Learned in Planning and Zoning. Mr. Morgan referred to research from a Supreme Court decision that says, "one who plans to use his property in accordance with its existing zoning regulations is entitled to assume that such regulations will not be altered to his detriment unless the change bears a substantial relation to health, morale, welfare, or safety of the public" and none of those exists. Mr. Morgan said that the process started after he spoke with City Staff with regard to purchasing the property for its stated purpose. He believed some form of an estoppel exists under Federal Constitutional law that would protect his rights. Mayor Pro Tem Hoog clarified that the purchase was made in March 2005 and the tree ordinance was passed in January 2005. Mr. Morgan replied that dialogue with the Building Department began prior to the ordinance. Mr. Petsos requested to have the City Attorney review Mr. Morgan's information and he also requested a timeline on when the construction meetings took place. Todd Morley, Building Official, recalled that the language in the moratorium provided for a litmus test of a preliminary meeting that should take place before the moratorium became effective. Mr. Morgan stated that he spoke subsequent to discussion and he stated that certain property rights would be affected by the moratorium. Mr. Morgan replied with the need for public notice prior to taking action with a moratorium. He stated that he would prefer to install healthy trees. The root structure of the existing trees mirrors the canopy and construction could not occur without injuring the tree. Mr. Morley informed that the 80 -foot drip line would hinder construction on that portion of the lot. He asked if Council's decision on this property would affect any subsequent property owner. Mayor Pro Tem Hoog affirmed. Attorney Garganese replied to Mr. Nicholas that Mr. Morgan could file an appeal in the Circuit Court if he were adverse to Council's decision. Mr. Nicholas reminded that the City had sought park land in that section of the City. Mr. Boucher passed an appraisal figure to Mayor Pro Tem Hoog, Mr. Petsos and Mr. Nicholas. Mr. Morgan informed that a year's worth of engineering and planning has occurred on the property. Mr. Morgan stated that he in no way desired to injure City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 4 of 9 the residents in the community. He expressed that with a Special Exception in C-1 zoning he was allowed to build a multi -family dwelling and a residence was not feasible for the amount of money paid for the land. Mr. Petsos requested expert assistance to research and provide documentation on the specimen trees. Mr. Boucher replied that Mr. Morgan's Special Exception was valid until August 2006 and he could extend for an additional year. Mr. Morgan replied to Attorney Garganese that he would be glad to mitigate the specimen trees with healthier trees. Mr. Morgan stated that the ordinance changed during the purchase process. Mayor Pro Tem Hoog said that there were building options within the zoning under Special Exception. Mr. Morgan replied that his right to build under the Special Exception was limited due to the moratorium. Mr. Boucher clarified that under the previous vegetation tree protection ordinance, any portion of the tree within the footprint was exempt from mitigation and under the new code a specimen tree larger than 24 -inches called for mitigation of two to one. Attorney Garganese explained that this called for a finding of the Council that a hardship exists. Mr. Boucher stated that the size of tree, the drip line and whether or not construction was feasible should be the focus of discussion with the applicant. Mr. Petsos expressed that a tree surgeon could identify if a hardship exists. Attorney Garganese explained that an arborist could establish for the Council whether or not an extraordinary circumstance or hardship exists. He concluded that the Code provides a due process mechanism when someone makes their case before the Council and Council would set the terms for the conditions under which the tree could be removed. Mr. Boucher asked if the Council desired to make an offer to purchase the property. Council agreed to wait until staff had an opportunity to obtain formal documentation on the existing trees. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Postpone the Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For and Mr. Petsos, For. ORDINANCES: Second Public Hearing 8. Motion to Adopt: Ordinance No. 10-2005; Adopting a Large Scale Comprehensive Plan Text Amendment, Amending the Coastal Management Element, at second reading. Mayor Pro Tem Hoog read Ordinance No. 10-2005 by title. City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 5 of 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT, WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE COASTAL MANAGEMENT ELEMENT TO REQUIRE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION APPROVAL FOR NEW DEVELOPMENT EAST OF THE COASTAL CONSTRUCTION CONTROL LINE; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Todd Peetz, City Planner, explained that the amendments allowed for construction east of the Coastal Construction Control Line after storm damage with a permit from the Florida Department of Environmental Protection (DEP). He explained that pools, sheds, and garages constructed on the eastern side of the house would provide more protection to the property. Mr. Peetz informed that the Florida Department of Community Affairs (DCA) requested that the City change the phrase from "in compliance with existing City regulations" to "compliant with City regulations." Mr. Petsos questioned the possibility of damage to older homes and the inability to rebuild as a multi -family structure and he saw this as a taking of land. Mr. Petsos clarified that he was referring to CM 4.3 Sections A, B and C. Mr. Peetz replied that if 2, 5, or ten units per acre were damaged the pre-existing density would apply. Mr. Petsos questioned the density level in re -building. Mr. Peetz clarified that the language states "shall not exceed pre -development." Mr. Peetz explained that the Florida DCA was concerned with maintaining the density. He replied to Council's concern on construction by stating that the focus was on the property east of the Coastal Construction Control Line. Mr. Morgan clarified that any damaged property could only rebuild to the standards of pre- existing codes and he saw this as a taking of land. Mr. Peetz noted that there were few vacant land properties in the City. Mr. Petsos recommended notifying the residents who would be impacted by the ordinance. Mr. Peetz stated that there was no requirement that the City had to adopt the ordinance. Mr. Petsos expressed the amendment as a taking of rights from impacted residents without their knowledge. The Building Official stated his opinion that the amendment appeared more restrictive. Attorney Garganese questioned the intent of Paragraph D. Mr. Peetz explained that the DCA's intent to place the less prominent structures to the west of the Coastal Construction Control Line was to protect the main structure. Attorney Garganese clarified that construction could occur on the western side of the lot. Mr. Boucher questioned Paragraphs A through D and asked if these could return during the Evaluation and Appraisal Report. Mr. Peetz replied that some policy was needed to precede major storm events. Mr. Boucher asked if any other community would follow these construction requirements. Mr. Peetz informed that during the Evaluation and Appraisal Report any application that would add density to the land City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 6 of 9 would meet with DCA's scrutiny. Mr. Boucher brought out that rebuilding could occur to damaged property with a Florida DEP permit. Council affirmed. Mr. Lamar Russell, Harbor Heights, explained that property could be re -built according to the City ordinance with a Florida DEP permit. Mr. Peetz replied that the amendment could be modified and submitted. Discussion followed on removing Paragraphs B and C. Mr. Peetz stated that Council could submit two of the four amendments. Attorney Garganese stated that time incurred on the item's debate reflected the need to postpone action. He concluded to address the item during the formal Evaluation and Appraisal Report process. There was no public comment. Ordinance Failed for Lack of a Motion. SITE PLANS: 9. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Postpone the Sea Shell Cay Townhomes, James Morgan, Applicant for four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For and Mr. Petsos, For. 10. Motion to Approve: Villa Campania, R.K. Engineering, Applicant. Five (5) Residential Units Located on Holman Road. The City Planner explained that a Special Exception was granted for five residential condominiums. All staff requirements have been met for density and setbacks. Mr. Petsos asked if a trash receptacle would be provided due to the limited space for a solid waste vehicle. Mr. Peetz affirmed. Mr. Gene Parlotto stated that he was not involved in the site plan review; however there was adequate storage for the trash receptacle. Mr. Petsos inquired about completion date. Mr. Parlotto replied about six months following site plan approval. Attorney Garganese replied that he and the Building Official discussed what would happen if the applicant could not complete construction in time to meet the Certificate of Occupancy date. The Building Official stated that the lack of abandonment should set a precedent for obtaining a Certificate of Occupancy. Mr. Lamar Russell stated that binding the permit to the Certificate of Occupancy prohibited incomplete construction. Mr. Russell expressed the need for a sunset on building permits. Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting February 7, 2006 Page 7 of 9 stated the need for Code revisions and explained that permitted uses are treated differently from Special Exceptions. Mr. Morley explained how the previous City code allowed for incomplete construction. Mr. Roger Coombs of 6315 N. Atlantic Avenue, stated that once a Special Exception is obtained, the time frame to complete a project is limited. Mr. Morgan replied that construction could be applied through phased development in order to meet the required time. Mr. Parlotto stated that the owners sought to gain Site Plan approval within the time parameters; however, the process time exceeded their expectations. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve Villa Campania, R.K. Engineering, Applicant, for Five (5) Residential Units Located on Holman Road. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For and Mr. Petsos, For. DISCUSSION: 11. North Atlantic Avenue and Central Boulevard Intersection Improvements. Mr. Boucher replied that the City has an Interlocal Agreement with Brevard County for Intersection improvements to North Atlantic Avenue. He replied to Mayor Pro Tem Hoog that additional easements were not forthcoming from the residents for other improvements. Mr. Boucher replied that mast arms would be used on the lighting. He requested an Interlocal Agreement with the County for the George King Blvd. paving project. REPORTS: 1. City Manager • Mr. Boucher distributed the appraisal figure for the Stottler, Stagg and Associates, Inc. building on North Atlantic Avenue. Mr. Boucher asked if the Council was interested in making an offer on the property to Mr. Stottler. Council members affirmed. • Mr. Boucher reported that the Cocoa Beach Commission is seeking assistance to purchase a beachside facility for their community center. Mr. Morgan inquired about a facility in a mid -point location. Mr. Boucher stated that the Cocoa Beach Commission is seeking property tax funding. • Mr. Boucher announced that Code Review would continue on February 21st at 5:00 P.M. • Mr. Boucher reported that Mr. Jeff Ratliff was working on the paver stone project on Center Street. City of Cape Canaveral, Florida Citv Council Reqular Meeting February 7, 2006 Page 8 of 9 • Mr. Boucher distributed a flyer on the City's new Customer Service program. 2. Staff Public Works Director • Mr. Gardulski expressed to have Center Street paved by month's end. Building Official • Mr. Morley informed that Coastal Fuels planned to submit an application for additional storage tanks. City Clerk • No report. City Attorney • Attorney Garganese informed that proposed House Bill 949 and Senate Bill 1608 on Municipal Home Rule would ensure that Charter counties do not encroach on municipal home rule. Requests for Resolution would follow. 3. City Council Mr. Nicholas • Mr. Nicholas inquired about the storm drainage system and paving. He asked about the time frame for renovating the City's storm drainage system. Mr. Gardulski replied that the increased cost of asphalt has postponed these projects. Staff planned to identify the laterals from residences in need of repair prior to paving. Mr. Ratliff and a National Emergency Grant worker are identifying the anticipated work. Mr. Nicholas requested a copy of the time line. Mr. Petsos • Mr. Petsos asked if a letter was forwarded to Scott Ellis's office on the County's failure to return tax funds to the City. Mr. Boucher affirmed. • Mr. Petsos noted culvert preceding the sidewalk installation on the Radisson Resort property. Public Works Director will continue to provide project status. • Mr. Petsos announced a Sea Oats Planting project on February 25"' at 9 A.M. at Cherie Down Park. He requested hot dogs and soft drinks for the volunteers. Mr. Morgan 0 No report. City of Cape Canaveral, Florida Citv Council Regular Meetinq February 7, 2006 Paqe 9 of 9 Mavor Pro Tem Hooq • Mavor Pro Tem Hooq commended staff on the City's beautification efforts. AUDIENCE TO BE HEARD: There was no public comment. ADJOURNMENT: There being no further business, the meeting adjourned at 9:20 P.M. BOB HOOG, Mayor Pro Tem Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 02-21-06 AGENDA Heading Consent Item 2 No. The event will start at the First Baptist Church, 8711 N. Atlantic Avenue, proceed north to Jetty Park and end at AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR PERMIT FOR THE WALK FOR BIBLES, SPONSORED BY THE BREVARD BAPTIST ASSOCIATION DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the approval of the Outdoor Entertainment Permit for the Walk for Bibles, sponsored by the Brevard Baptist Association. Summary Explanation & Background: See attached application. This is a non-profit group, and they are requesting to be exempt from fees, $500 per day and $500 clean-up bond. The event will start at the First Baptist Church, 8711 N. Atlantic Avenue, proceed north to Jetty Park and end at 8711 N. Atlantic Avenue. I recommend approval with the requested exemptions. Exhibits Attached: Application package City Manager' Department ADMNISTRATION cape \mydoc e a ouncil\me 6\02-21-06\bibles.doc Jan 05 06 11:53a Kim McIntire 321-868-1224 p,l CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit 'No, Date; The applicant or representative agrees to be on siW at all times empowc;red with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: AY _ Ct cT; tie: [D k i e r Firm:,, C.GcxS'k Address: FAX: 3 -7 K -L-y� - S\f�cark' G1v.l�x ._.... T;ile: ce_ nScm( yr r Local Contact:,•_,__..__ ...-_ Local Address (ifdiffcront from above)., •,-yp�arl`svtnt:• VyC1,�� �iCyi��, �t�,� Event D!Ltc(s) in Cape Canaveral;_�,p►�aC�U.L{ � CA V JN a00 Location(O Datc(s) Time. Attach tnap(s) indicating event area and designated parking areas. =rafT'ic Cvntro? ❑Street (dosing Ddther Specify:- AUse of Police/Fire Rescue Equipment ^Vchicic-WEquipme:nt on Beach ❑Vehicle Parking on City Property By slaninb this application, tht applicant acknowledges and agrees to the following provisions: Jan 05 06 11:54a Kim McIntire INSURANCE 321-868-1224 P.2 A written public liability insurance policy insuring; the person staging;, promoting or conducting the outd+)or entertainment event against any and all claims and demands made by any person for injuries received it) connection with the staging, promoting, conducting or attendance of or at the outdowr entertainment event, written within limits of not less than $300,000.00 damage or iojory to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not lcs-a than 5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwir,c, rlus $50,000.00 for damages to property. The original or duplicate of such policy shall by attached to the application for a special outdoor entertainment permit, together with adequate evidence that the preximm. are paid. Name of' tnsurinee CO: 1yOt nQ`(lcv\&_' ShS. OM(Tolicy No:= -74 54(.0 "' ........------ PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project kx public ml tion purposes and other media related purposes. Ill. EXPENSES/FEES The applicant agrrccs to pay the City, in advance, for any services provided by the City at the City's usual rates aiRd any other perm it fees that may be applicable to the particular production as required by the City of Capon C in averal. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements it the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwisc provided for as required by said code. List any exemptions you are seek'0191 hot\je. 1610�H 2/11 CA7(;,_e XYC,,Y\Cy, ��arg�J exr Late � 4' Applicant or Reproscntative/Titic Approved by City of Cape Canaveral: City Representative's Namc: Title: Signature:_..., --..__—...... Applicalis shall keep a copy of this approved permit and attachments on the day of the event within the. City of tape. Canaveral. For tiarther information, please contact: City of Cape Canaveral Bennett C, Boucher, City Manager i05 Polk Avenue Cape Canaveral, FL 32420 Phone: (321) 868-1230 Pax: (321)868-1224 01/06/2006 11:28 3216367437 FL It AA;i CERTIFICATE OF INSURANCE The company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend. extend. or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described below. CERTIFICATE HOLDER: CITY OF CAPE CANAVERAL 105 POLK AVE CAPE CANAVERAL. FL 32920 INSURED: BREVARD BAPTIST ASSN INC 4235 SOUTH US #1 ROCKLEDGE. FL 32955 written notice to the above named certificate holder Effective Date of Certificate: 05-10-2005 Authorized Representative: Susan A Petrucci Date Certificate Issued: 01-06-2006 Countersigned at: 1199 S US Hwy 1 Suite 10 Rockledge, FL 32955 j POLICY NUMBER I POLICY I POLICY I LIMITS OF LIABILITY J ( TYPE OF INSURANCE ( A ISSUING CO. JEFF. DATE JEXP. DATE I (*LIMITS AT INCEPTION) j LIABILITY ( 77 -PR -546492-0002 J 05-10-05 j 05-10-D6 I I j EX3 Liability and I NATIONWIDE { ( { Any One Occurrence........ S 1.000,000 j ( Medical Expense { MUTUAL FIRE j [X) Personal and I INSURANCE CO. j I ( Any One Person/Org ....... S 1,000.000 j J Advertising Injury] { [X3 Medical Expenses j J ( j ANY ONE PERSON ........... 3 5.000 { [X] Fire Legal I ! ( C Any One Fire or Explosion s 100.D00 ( Liability General Aggregate* ....... $ 1.000,000 j Prod/Camp Ops Aggregate* . 5 1.000,000 I j 13 Other Liability J J ( ! I ! { ( AUTOMOBILE LIABILITY j 77 -BA -546492-3001 J 05-1045 ( 05-10-06 j { [X3 BUSINESS AUTO J NATIONWIDE ( j I Bodily Injury J ( J MUTUAL FIRE j ! ! (Each Person) .......... 3 I ! [X3 Owned ( INSURANCE CO. ( ( J (Each Accident) ........ S { I C 3 Hired j ! ( ( Property Damage I J [x3 Non -Owned I I 4 ! (Each Accident) ........ s j Combined Single Limit ,... s 1,000.000 J 1 { j EXCESS LIABILITY ( 77 -CU -546492-3002 j 05-10-05 105-10-06 ( Each Occurrence .......... 3 10.000,000 I ( ! Nationwide J I ( Prod/Camp Ops/Disease j J [XI Umbrella Form I { Insurance Co. J ( ) Aggregate* ............. $ 10.000,000 { ( j 77 -WC -546492.0003 J i 05-10-05 J 05-10-06 ] STATUTORY LIMITS { { [x7 Workers' I Nationwide { { j BODILY INJURY/ACCIDENT ... $ 100.000 j j Compensation j Mutual I I ( Bodily Injury by Disease { { and { Insurance Co. { j j EACH EMPLOYEE .......... S 100.000 j [XI Employers' j j I { Bodily Injury by Disease { ( Liability J ( ( ( POLICY LIMIT ........... $ $00,000 I j Should any of the above described policies be cancelled before the DESCRIPTION OF OPERATIONS/LOCATIONS expiration date. the insurance company will mail 30 days VEHICLES/RESTRICTIONSISPECIAL ITEMS written notice to the above named certificate holder Effective Date of Certificate: 05-10-2005 Authorized Representative: Susan A Petrucci Date Certificate Issued: 01-06-2006 Countersigned at: 1199 S US Hwy 1 Suite 10 Rockledge, FL 32955 �tlei ik h U Uaa'noa�F y .. � �anvno vA. .. ssvo:) LdJN 553F, i2 F Y �1 r o 1 � 2 V zz a' p� s �5 �tlei ik h U Uaa'noa�F y .. � �anvno vA. .. ssvo:) LdJN 553F, i2 F o wnioJ it Y �1 r o wnioJ it Meeting Type: Regular Meeting Date 02-21-06 AGENDA Heading Considerations Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AGREEMENT WITH BREVARD COUNTY FOR LIFEGUARD SERVICES DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider approval of a two year agreement with Brevard County for lifeguard services in the amount of $12,451.00 for 2006 and $18,721.00 for 2007. Summary Explanation & Background: The 2006 contract price of $12,451.00 is 5% more than the 2005 contract of $11,858.00. The reason given for the 50% increase in 2007 is that the City will then pay 1/2 of the cost to provide this service. I recommend approval. Exhibits Attached: Agreement; Recreation Director's memo City Manager' a Department PARKS & RECREATION cape-nt\kim\mydocuments\admin\council\meeting\2005\03-15-05\lifeguard.doc MEMO TO: FROM: DATE: RE: CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N. ATLANTIC AVENUE * P.O. BOX 326 (321) 868-1227 E-mail address: parknrec@earthlink.net Mayor, Councilmembers and City Manager Nancy Hanson, Parks & Recreation Dept. January 31, 2006 2006 Lifeguard Service I have reviewed the 2006/2007 (2) year Lifeguard Contract from the county and find it to be identical in scope to the 2005 contract. The guard tower will be located on Tyler Avenue. Two guards will man the tower. Weekend & holiday service (10:00 a.m.-5:00 p.m.) is to begin on March 25th, the first day of spring vacation for the Brevard County Schools; seven day a week service will begin the first day of the summer school break on May 24th, then back to weekends only until school resumes in early August. Final day for guard service will be on Labor Day, September 4th. Contract fee for 2006 represents a 5% increase from last year, which was included in this fiscal year's budget. Cost for the 2007 service represents a 50% increase over the 2006 cost. AGREEMENT THIS AGREEMENT, made and entered into this day of , 2006, by and between the C17Y OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01(1)(b), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing March 25, 2006 (10:00 a.m.) and terminating September 4, 2007 (5:00 p.m.). The County hereby agrees to follow USLA (United States Lifesaving Association) guidelines and provide First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing March 25, 2006 (10:00 a.m.), and terminating September 4, 2007 (5:00 p.m.). 2. PAYMENT: For the 2006 services outlined herein, the City shall pay to the County Twelve Thousand Four Hundred Fifty One Dollars ($12,451.00). Such payments are payable in five (5) monthly payments of Two Thouosnd Seventy Five Dollars and Seventeen Cents ($2,075.17) and one (1) payment of Two Thousand Seventy Five Dollars and Fifteen Cents (2,075.15), due on the last day of each month. The first payment is due on April 30, 2006, and the final payment is due on September 30, 2006. For 2007 services outlined herein, the City shall pay to the County Eighteen Thousand Seven Hundred Twenty One Dollars ($18,721.00). Such payments are payable in five (5) monthly payments of Three Thousand One Hundred Twenty Dollars and Seventeen Cents ($3,120.17) and one (1) payment of Three Thousand One Hundred Twenty Dollars and Fifteen Cents ($3,120.15, due on the last day of each month. The first payment is due on April 30, 2007, and the final payment is due on September 30, 2007. 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: lifeguards). 1. Tyler Avenue within a portion of the beach 75 yards north and south of one (1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (two (2) C. Year 2006, said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 25, 2006 (10:00 a.m.) and ending September 4, 2006 (5:00 p.m.), on the weekdays from 10:00 a.m. until 5:00 p.m. beginning May 24, 2006 at 10:00 a.m., and ending August 6, 2006 at 5:00 p.m. Year 2007, said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 26, 2007 (10:00 a.m.) and ending September 3, 2007 (5:00 p.m.), on the weekdays from 10:00 a.m. until 5:00 p.m. beginning May 24, 2007 at 10:00 a.m., and ending August 5, 2007 at 5:00 p.m. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios 7 and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. 4. LIABILITY AND INSURANCE: A. Each party is independently liable for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the 91 City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 1191 Florida Statutes. No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. All records or documents created by the City or provided to the City by the County in connection with the activities or services provided by the County under the terms of this agreement, are public records and the City aggress to comply with any request for such public records or documents made in accordance with section 119.07 Florida Statutes. 7. JURISDICTION, VENUE AND CHOICE OF LAW All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 8. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. 9. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 30 days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 10. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2 72 5 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City be delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 11. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non - jury. E IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. WITNESSES: By: BREVARD COUNTY, FLORIDA Peggy Busacca, County Manager Reviewed for legal form and cont t: By: 5 CITY OF CAPE CANAVERAL, FLORIDA Bennett Boucher, City Manager Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Considerations Item 4 No. public works director. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF SANITARY SEWER AND MANHOLE LINING IN THE AMOUNT OF $100,433 DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the cooperative purchase of sanitary sewer and manhole lining from Miller Pipeline Corporation dba Griner's Pipeline Services, Inc. in the amount of $100,433 as recommended by the public works director. Summary Explanation & Background: This cooperative purchase request is utilizing the City of North Miami Beach bid. See attached memo from the public works director. I recommend approval. Exhibits Attached: Public works director's memo proposal City Mana ffice Department PUBLIC WORKS/WWTP ca im\mydoc ents in\council\mee ing\2006\02-21-06\manhole.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 13, 2006 SUBJECT: City Council Agenda Item for February 21, 2006 Cooperative Purchase with the City of North Miami Beach Sanitary Sewer Lining and Manhole Repair; Miller Pipeline Corp dba Griner's Pipeline Services, Inc. As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Five years ago the collection crew had identified problem areas and developed a plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform relining of sewer pipe and manhole repair of the City's sanitary sewer system. This year's project is a continuation of the City's I&I program. The streets scheduled for this year are attached. The projected cost for slip lining 2,338 MOL liner feet of 8" pipe is $67,802 (@ 29.00 LF), Cut out 39 laterals for $6,825 (@ $175 each). As the result of Hurricane Wilma, additional work along the 3-A Canal line entails the Chemically seal 10 manholes for $10,000 (@ $250 x 40 = 1,000 each location has four defects seal), Clean 2,350 LF for $14,100 (@ 6.00 per ft) and to inspect 1,313 LF of laterals for $1,706 (@ $ 1.30 per ft). The total amount of this year's project is $100,433. Funds have been budgeted for the Sewer Collection System Rehabilitation Improvements for this budget year in the amount of $125,000. The purchase of this service will be through a cooperative bid with the City of North Miami Beach, Bid No. B2004-14 and extended through July 22, 2006 awarded to Miller Pipeline Corp (dba Griner's Pipeline Services, Inc.) The City of Cape Canaveral had utilized Griner's Pipeline Services last year and found the quality of workmanship satisfactory. Miller Pipe Corp (aba Griner's Pipeline Services) has verified the cost for this service. Recommend approving the cooperative purchase with the City of North Miami Beach for service from Miller Pipeline Corp. in the amount of $100,433. Attachments CC: Walter Bandish, File Miller Pipeline Corp. February 14, 2006 Mr. Walter Bandish Assistant Public Works Director City of Cape Canaveral 105 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 727 Cheston Street New Smryna Beach, Florida 32168 TELEPHONE: (386) 423-6621 FAX: (386) 423-6627 RE: Piggyback of contract with the City of North Miami Beach Project Number 2002-14 Dear Mr. Bandish, Pursuant to your request, please accept this letter as confirmation of our intentions to honor the unit pricing basis contained in the above referenced contract and to extend the same terms and conditions to your municipality should you decide to effectuate a piggyback of the referenced contract. The pricing that we discussed will be for lining of 8" sanitary sewer line, item IOB at $29.00 per lineal foot, internal reinstatement and grouting of service connections, item 12 at $175.00 per service connection. On the inspection of the 24" line 3A the pricing will be as follows. Clean and Televise 24" , item 1 G $6.00 per lineal foot. Clean and Televise 6" , line item I $1.30 per lineal foot, chemically seal manhole defect by internal injection, line item 7 $250.00 per defect. From a visual inspection of the manholes it was determined that there are approximately 4 defects per manhole. If you have any other questions or require any other information please do not hesitate to call me. Thank you for giving Miller Pipeline Corporation the opportunity to serve you. Sincerely, Louis J. Woska Superintendent SEWER COLLECTION SYSTEM REHABILITATION Clean and TV 2,350 LF of 24" line @ 6.00 per ft. Chemically seal 10 manholes @ 1,000 per manhole. Check 1,313 LF of lateral lines @ $1.30 per ft. Relining of 2,338 LF of 8" pipe @ $ 29.00 per ft. Lateral cut outs 39 ea. @ $175.00 per cut. Total Total cost for FY 05/06 budget year is $100,433.00 $14,100.00 $10,000.00 $ 1,706.00 $ 67,802.00 $ 6,825.00 $1009,433.00 BID PROPOSAL LIST OF SUBCONTRACTORS OJECT:Sewer Collection System Rehabilitation OJECT NO.: 2002-14 BID OPENING DATE: 9/5/02 CATION: North Miami Beach FL TENT: City of North Mi Ani Per-Lr,'h iNTRACTOR, Miller Pipeline Corporation aba Griner's Pipeline Sevice Under Which; ontractor is License No. 'Address of Office Mill, or Shop Percent of Total Contract Specific Description of Subcontract ckson & Son 053353 1888 Northwest 21 St. 17% en -Cut Excavation Pom ono Beach FL 33069 CitY of North Miami Beach BP -12 Sewer Rehabilitation 8/1/2002 1'i. Jl zlno�jo/jnzz CNMB PAGE 02 July 20, 2005 City of Noah Miami Beach, Florida PURCHASING DIVISION Mr. Mark W allbom Miller Pipeline Corporation 8850 Crawfordsville Road ©z 0 Indianapolis, IN 46234 � -_ rn Re: Bid 42004-14 Sewer Collection System Rehabilitation Program X--- � Dear Mr. Wallborn: c�7rn. This will confirm our agreement to extend tbrough July 22, 2006 our contract for the Sewer Collection System Rehabilitation Program. All prices, terms, and conditions of the original agreement dated July 22, 2003 shall remain in full force and effect. Please sign this letter below, acknowledging agreement to this extension, and return it for our City Manager's signature, A copy of the signed letter shaU be sent to you for your records. Also, please submit your company's current insurance certificates ,for General Liability, Workers' Compensation and ,Automobile Liability. The City of North Miami Beach. must be named as additional insured for the Geneml Liability coverage. Since , on G ain City Buyer GARY B . CITY AGER PRESIDENT (PRINTED NAll7<E) Miller Pipeline Corporation DATE 17011 N:E.19 Avenue, North Miami Mxach, Florida 33162-3100.305-948-2976.305-948-2985 • FAX 305-957-3522 citynmb.com SEWER RELINING FOR FY 2005/006 MANHOLE # `S LOCATIONS 117-10 thru 117-20 Canaveral Blvd. From Canaveral Beach Blvd. north to end of line 470' (5 services) 105-1 thru 105-6 From Central Blvd. North through field 355' (no services) 122-3 thru 116-62 Adams Ave. crossing Ridgewood Avenue 315' (8 services) 122-1 thru 116-39 Madison Avenue crossing Ridgewood Avenue 345' (7 services) 115-46 thru 115-45 Polk Avenue crossing Ridgewood Avenue 345' (2 services) 115-10 thru 115-11 Lincoln Avenue crossing Ridgewood Avenue 340' (12 services) 115-23 thru 115-24 Pierce Avenue crossing Ridgewood Avenue 198' (5 Services) TOTAL FOOTAGE = 2,338' CITY OF CAPE CANAVERAL 2005-06 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND 401-19-901. NON -DEPARTMENT EXPENDITURES 2004-05 2002-03 2003-04 ORIGINAL ADJUSTED 2005-06 % CODE DESCRIPTION ACTUAL ACTUAL BUDGETEDADJUSTED; BUDGET CHANGE 6305 LIFT STATION REHABILITATION - - 15,000 15,000 108,000 6308 FORCE MAIN REPLACEMENT - 400,000 400,000 7,000 98% 6310 COLLECTION SYSTEM IMPROVE. 1461160` = 125,000 125,000 125,OOt� Q'o , 6313 REUSE PROJECT - INSTALLATION 67,512 - 100,000 188,100 - -1001% 7110 SRLF CS120825020 DEBT PAYMENT 335,915 346,326 357,061 357,061 368,128 S% 7111 SRLF CS120825030 DEBT PAYMENT 95,918 128,788 101,743 101,743 104,788 3% 7120 STATE REVOLVING LOAN INT RE& 217,551 ' 204;269'" 190,579 190,579 17fi,467 �� 9100 TRANSFER TO GENERAL FUND 112,745 100,000 100,000 100,000 125,000 25% 9900 QPERAT{NG CONTINGENCY - 670,475 95,075 _9Q,gil_,, NON -DEPARTMENT 975,801 779,383 2,059;858 1,572,558 1,025,258 -35% OPERATING EXPENDITURES $ 375,875 IMPACT FEE ELIGIBLE EXPENDITURES $ 649,383 83 Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Considerations Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY TREASURER'S REPORT AND BUDGET TRANSFERS FOR THE PERIOD ENDING 12/31/05 DEPT/DIVISION: FINANCE Requested Action: Cit Council review and consider approval of the quarterly treasurer's report and budget transfers for the period ending 12-31-05, as presented by the city treasurer. Summary Explanation & Background: See attached report. I recommend approval. Exhibits Attached: Treasurer's report City Manager's ffice Department FINANCE caj�ydocume is\cou 1\meetingrZtt-& @-- 06\budget.doc MEMORANDUM DATE: February 3, 2006 TO: Honorable Mayor and Members of the City C uncil FROM: Andrea Bowers City Treasurer SUBECT: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2005/2006, Quarter Ended 12/31/2005 Revenues Revenues received for the first quarter of the year are well within original projected levels. With internal transfer dollars removed they stand at 37% collected. This collection percentage represents only those budgeted revenues actually received and is a repeat of our revenue position at this same time last fiscal year. Removing Ad Valorem taxes, historically collected in the early part of the year gives a collected percentage of 12%. This is in line with the target percentage of 10%, due to the full accrual, required by GASB 34. Fines and Forfeitures are still lagging at 6.48% collection. An unbudgeted counter to Fines & Forfeitures received is the Collection Surcharge, which consists of $10 per parking ticket, paid to the Clerk's office and $100 per hour for State Attorney fees to prosecute charges filed under City Ordinance violations. Cash Forward is increased in numerous funds to provide funding for those projects reappropriated from the prior year. Also included in the increase to Cash Forward is reserves set aside for street repaving. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Most operating expenses for each department have a target percentage expenditure of approximately 20%. This is slightly lower than the 25% of the year due to the timing of payments. An increase of $2,100 is requested in the Legislative Department to fund the increases in cost of the stand alone General Election, held in 2005. Jim Walton, in Elections Finance Office, explained that some of the service rates have increased and employee overtime and temporary help have been pro -rated across all County precincts. Capital funding in Public Safety is increased to install security cameras and protective glass in the front office of the precinct, to prepare for the new extended service. A new account, Collection Surcharge, explained above, is added. Improvements Other than Buildings, in the Streets Department, is increased to cover the Council approved repaving of Center Street. Ornamental Lighting and the design build of Banana River Park have crossed over fiscal years. Transfers of $11,610 and $37,810 respectively are requested to complete these established projects. The balance of $10,000 for Banana River Park will be reappropriated in the Capital Expansion -Parks & Recreation account in Capital Expansion. Contingency is decreased to provide funding for the current year additions to the budget. While the Police Education Fund was budgeted at $3,565, the contract calls for $10,000, when available. These funds were not expended in FY 04/05 and are now available. The requested increase is $6,435. Within the Beautification Fund the decorative Street lighting, approved by Council during the 2004/05 fiscal year remains an ongoing project. Reappropriation of funding is requested. Also included is funding to provide a decorative parking area at Center Street Park, as requested by the Beautification Board. An increase of $16,044 in unplanned equipment replacement in the Sewer Fund is transferred from Lab Supplies and Maintenance to Capital Equipment. The balance of the Lift Station #1 project, begun in FY 04/05 is reappropriated to complete. The Stormwater Fund is increasing Capital to purchase a GIS System. This project was originally intended to be subcontracted out and funds were budgeted under Engineering Fees. The project is now being performed in house. Budgeted funds from Engineering Fees will offset the increased Capital and the balance will go into Contingency. Funds are also reappropriated to complete FY 04/05 baffle box projects. This completes the requested Budget Amendments for the first quarter of the fiscal year 2005/2006. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. City of Gape Canaveral Budget Transfers for the Quarter Ended 12/31/05 10/31/2005 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance General Fund Revenue 001-300.1000 Cash Forward 449,272 85,045 534,317 Amended General Fund Revenue 85,045 Legislative 001-1-511.4920 Elections 4,500 2,100 6,600 Amended Legislative Expenditures 2,100 Public Safety 001-4-521.3450 Collection Surcharge - 10,000 10,000 001-4-521.6400 Capital Equipment 167,779 15,000 182,779 Amended Public Safety Expenditures 25,000 Street Department 001-7-541.6300 Improvements Other Than Buildings 50,000 35,625 85,625 Amended Street Department Expenditures 35,625 Recreation Department 001-11-572.6300 Facility Improvements 34,672 11,610 46,282 001-11-572.6311 Banana River Park - 37,810 37,810 Amended Recreational Dept Expenditures 49,420 Non -Departmental 001-17-901.9900 Contingency 91,156 (27,100) 64,056 Amended Non -Departmental Expenditures (27,100) Amended General Fund Revenues 85,045 Amended General Fund Expenditures 85,045 City of Cape Canaveral Budget Transfers for the Quarter Ended 12/31/05 10/31/2005 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Revenues 105-301.1000 Cash Forward 229,500 52,315 281,815 105-361.1000 Interest From Investments Amended Beautification Fund Revenues 52,315 Expenditures 105-15-541.6300 Landscaping 7,500 5,665 13,165 105-15-541.6312 Decorative Street Lighting-Bennix 135,000 52,315 187,315 105-15-541.9900 Contingency 18,803 (5,665) 13,138 Amended Beautification Fund Expenditures 52,315 Revenues 302-300.1040 Cash Forward - Parks & Recreatin 10,000 10,000 20,000 Amended Capital Expansion Fund Revenues 10,000 Expenditures 302-26-572.6000 Capital Expansion - Parks & Rec. 45,000 10,000 55,000 Amended Capital Expansion Fund Expenditures 10,000 Amended Sewer Enterprise Fund Expenditures 4,900 Expenditures 401-10-535.4621 Plant & Equipment Maintenance 75,000 (13,780) 61,220 401-10-535.5260 Lab Supplies 28,000 (2,264) 25,736 401-10-535.6400 Capital Equipment 150,600 16,044 166,644 401-19-901.6308 Force Main Replacement 7,000 4,900 11,900 401-19-901.9900 Contingency Amended Sewer Enterprise Fund Expenditures 4,900 Line Item City of Cape Canaveral Budget Transfers for the Quarter Ended 12/31/05 Account Name Expenditures 403-18-538.3100 Engineering Fees 403-18-538.6300 Improvements Other Than Buildings 403-18-538.6315 FEMA Mitigation 403-18-538.6400 Capital Equipment 403-18-538.9900 Contingency Amended Stormwater Enterprise Fund Expenditures 10/31/2005 Requested Adjusted Budget Budget Budget Balance Amend. Balance 75,000 (75,000) - 699,618 1,100 700,718 - 3,900 3,900 18,500 10,200 28,700 1,228 59,800 61,028 Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Considerations Item 6 No. these reports remain confidential until negotiations are complete. The offer by the property owner is $1,800,000. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AUTHORIZATION TO NEGOTIATE THE PURCHASE OF THE BUILDING LOCATED AT 8680 N. ATLANTIC AVENUE DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider putting forth an offer for the property located at 8680 N. Atlantic Avenue and authorize the; city manager and city attorney to negotiate pursuant to Florida Statutes. Summary Explanation & Background: Two appraisals were obtained and are available for council members to review. The estimates of value were obtained using the cost approach, sales comparison approach and income approach. Pursuant to Florida Statutes, these reports remain confidential until negotiations are complete. The offer by the property owner is $1,800,000. The average of the two appraisal reports is considerably less than the asking price. The proposed use of this property is for relocation of the police department. Property features: • 0.794 acres; 34,587 square feet • Building size — 6,260 square feet; constructed in 1985 • Zoning is C-1; low density commercial • N. Atlantic Avenue frontage is 174 feet; access is available from N. Atlantic Avenue and Ocean Woods Blvd. • 35 parking spaces Requested action: City Council make an offer based upon the appraisal reports and authorize negotiations. Exhibits Attached: SSA's offer letter; draft building.plan, site plan City Manaffice Department LEGISLATIVE ca m\my oc nt admin\counng\2006\02-21-06\ssa.doc CAPE CANAVERAL OFFICE CENTER, INC. 8680 N. Atlantic Avenue * Cape Canaveral, FL 32920* (321) 783-1320 November 18, 2005 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: 8680 N. Atlantic Avenue Cape Canaveral, FL 32920 Dear Mr. Boucher; I am writing to confirm my July 5, 2005 offer to the City of Cape Canaveral, to purchase my property, referenced above, for $1,800,000.00, with terms and conditions to be agreed upon. Please contact me to discuss my offer, and to advise your intentions. I look forward to hearing from you. You may reach me at 321-783-1320. Respectfully, CAPE CANAVERAL OFFICE CENTER, INC. 4Lira tot�te7 Jr. President RHS:jI CXD C-) Q -.) z C/D O cB �o N � rn _U) m 4— J 4— LL Q� CB N U) > CG c C6 U O n a Uv i c > < .E — N Q 5 cn i 07, a �o O o0 �Q0 �co ESTIMATE OF VALUE CAPE CANAVERAL OFFICE CENTER, INC. 8680 N. ATLANTIC AVENUE CAPE CANAVERAL, FL 32920 LAND 34,850 s.f. @ $27.5 s.f. BUILDING 6,280 s.f. @ $95 s.f., 14' Ceilings, 6 Bays and Tx 120' Covered Walkway SIGN 17.5' Masonry Sign -Double Sided Reader Board SITE WORK Clearing, Grading and Fill Water & Sewer Drainage with Required Retention Curb & Wheel Stops Sidewalks (interior and perimeter) Paving, Striping & Signage Access Driveways (2) Re -Use Water Storage Utility Buildings (2) Landscaping PROFESSIONAL FEES AIE, Survey and Const. Mgmt. Fees ADDITIONAL VALUE Traffic Flow & Accessibility Room for Expansion Building Flexibility Location to Port and City Facilities Fully Operational Facility Lost Work in Move $958,375 $596,600 $8,000 $17,000 $12,000 $25,000 $10,000 $22,000 $34,000 $40,000 $10,000 $2,000 $15,000 $ 75,000 $1,562,975 $187,000 $ 75,000 $ 1,824,975 1 1 1 1 1 1 1 1 1 1 OCEAN E3LVt j %0 0 .000, Shp GIZELLA TOWNHOMES GIZELLA TOWNHOMES PHASE 2 PS. 34. PG. 86 PHASE 3 PB- 35. PG. 74 SITE PLAN Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Considerations Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RIDGEWOOD AVENUE PLANNING TASK PROPOSAL BY GREEN BLADES OF CENTRAL FLORIDA, INC. DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council review and consider the Ridgewood Avenue Planning Task Proposal by Green Blades of Central Florida, Inc. in the amount of $9,735 as recommended by the public works director. Summary Explanation & Background: This task item was derived from the 02-07-06 City Council Workshop Meeting. See attached public works memo and proposal. I recommend approval. Exhibits Attached: Public Works Director's memo; .Green Blades Proposal City Mana bice Department PUBLIC WORKS/BEAUTIFICATION �g m\mydcf ems\ council\melt-i-et-21-06\greenblades.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardi Public W DATE: February 1 SUBJECT: City Council Agenda Item for February 21, 2006 Ridgewood Avenue Beautification Proposal The City of Cape Canaveral advertised for Continuing Landscaping and Maintenance Services. RFP 05-03 was published in the Orlando Sentinel and Florida Today once on Monday, August 8th, 2005. Qualified firms that were knowledgeable, competent and experienced in planning, designing, constructing, maintaining landscaped areas and performing related services to Landscaping and Maintenance were invited to submit a technical proposal. A copy of this advertisement was forwarded to five (5) Landscaping firms. In addition, the RFP was posted on the City of Cape Canaveral's Web Page. Proposals were accepted until 3:00 on September 8th. On this date, the City received three (3) proposals from firms that all had excellent qualifications. Selection will be made in accordance with the Florida Statutes 287.055, Consultants Competitive Negotiations Act. Green Blades of Central Florida, Inc. is located in Summerfield, Florida. The Firm has the necessary resources to provide the City of Cape Canaveral continuous professional services. In addition, the firm has teamed up with the Landscape Architect firm of Brad Smith & Associates. In addition, Green Blades provides related service to other Florida private enterprises. Therefore, Green Blades of Central Florida, Inc was ranked first. On December 6t' 2005 City Council approved a contract agreement. As part of the City of Cape Canaveral's Goals and Objectives, it is the City's desire to improve the beautification of Ridgewood Avenue within the City Limits. On February 7U', 2006 Green Blades of Central Florida and Brad Smith & Associates presented a work shop presentation to City Council. As the result of the workshop meeting, Green Blades of Central Florida has provided a proposal for professional services for the beautification of Ridgewood Avenue. In summary, the proposal is divided in the following three phases: the Planning Phase, the Conceptual Design Phase and the Graphic Phase. All three phases will include public meetings. In addition, the City's Engineer (SSA) will provide any engineering services and shall provide a proposal. Staff recommends that the City of Cape Canaveral move forward with the Planning Phase and Public Meetings. Recommend approval of the Proposal for Professional Services from Green Blades of Central Florida for the Beautification of Ridgewood Avenue Planning Phase in the amount of $9,735. PROPOSAL FOR PROFESSIONAL SERVICES = ;" GreenBlades of Central Florida, Inc. (Hereinafter referred to as CONTRACTOR) And The City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920-0326 (Hereinafter referred to as OWNER) F�jiF7L�I:� PROJECT NAME AND LOCATION: Preliminary Design Study Ridgewood Ave. Beautification Project (from Johnson Ave. to Chandler St.) Cape Canaveral, Florida CLIENT'S GENERAL GOALS: The OWNER's goals and objectives for the development of the property, based on initial discussions with the OWNER are as follows: 1. Provide planting improvements 2. Enhance intersection treatments at Washington Ave., Madison Ave., Harrison Ave., Taylor Ave., and Buchanan Ave. by using decorative paving for crosswalks. 3. Recommend appropriate traffic calming measures 4. Include a designated bike lane 5. Provide recommendations for decorative pedestrian -level lighting SCOPE OF BASIC SERVICES: PROJECT PLANNING PHASE: Research the design standards and requirements necessary to obtain permits for the proposed improvements. Visit the site to become familiar with existing conditions, and to record on-site observations for use in future planning and design activities. Add to the initial outline of OWNER goals and objectives, specific goals and objectives which address other issues of concern, or potential problem areas. Present the finalized list of goals and objectives for the development of the property to the OWNER for review and comment. It should be noted that the outline of goals and objectives (program) will be prepared by the OWNER and the CONTRACTOR working together. Once completed, the program shall be used throughout the planning process to provide a clear understanding of OWNER expectations. Review FDOT design standards relative to this type of project, and report to OWNER any instances in which deviation(s) from these standards may be required due to adverse site conditions. Note: it is understood that this project is not within the FDOT's jurisdiction. CONCEPTUAL. DESIGN PHASE: Prepare preliminary design concept drawing(s) at an appropriate scale using Brevard County 2005 color digital aerial imagery as a base map. Concept shall indicate proposed roadway realignment (two travel lanes), bike lane(s), sidewalk(s), planting arras, driveway access, decorative paving, and lighting locations. Coordinate with Stottler Stagg and Associates, Inc. (SSA), the City's engineering consultant. Prepare preliminary opinion of probable landscape and irrigation construction costs. GRAPHIC DESIGN PHASE: Prepare illustrative color rendering of the proposed design concept in digital format. This work shall include: 1. PowerPoint presentation providing an overview of the proposed project. 2. Overall site location map, superimposed on aerial photo. 3. Enlargements of each 1 block section (15 blocks total), superimposed over aerial photo. MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off" meeting with OWNER to review programming, goals, and objectives. Project schedule shall also be discussed during this meeting. (Note: this meeting occurred on 2/7/06). 2. Meeting #2: Presentation meeting to the CITY's Beautification Board by CONTRACTOR. 3. Meeting #3: Project coordination meeting with City Manager, and Public Works Director. 4. Meeting #4: Review meeting with OWNER to present preliminary landscape design concept drawing(s), and the CONTRACTOR's preliminary opinion of probable landscape construction costs, together with SSA's opinion of probable engineering construction costs. Comments will be received, and authorization will be provided for the CONTRACTOR to proceed with the Public Hearings (incorporating the OWNER's review comments into the material presented at the Public Hearings). 5. Meeting #5: Public Hearing #1. 6. Meeting #6: Public Hearing #2. 7. Meeting #7: Project coordination meeting with City Manager, and Public Works Director. 8. Meeting #8: Review meeting with OWNER to present the results of the two Public Hearings, and to discuss the final direction for the project. It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. 2 FEE ARRANGEMENT: The OWNER agrees to pay the CONTRACTOR for professional services as follows: A lump sum of Twenty Nine Thousand, Seven Hundred Twenty Five Dollars ($32,700.00), payable as follows: Planning Phase................................................................. $9,735.00 Conceptual Design Phase...............................................$14,990.00 Graphic Design Phase......................................................$5,775.00 Reimbursable Expenses (allowance) ................................ $2,200.00 Total Fixed Fee Amount '$32,700.00 Invoices for the CONTRACTOR"s services shall be submitted on a monthly basis for percentage of completion. SPECIFIC ASSUMPTIONS: CONTRACTOR represents to the OWNER that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the OWNER to the CONTRACTOR. Assumptions not already mentioned herein are as follows: 1. SSA will be responsible for all project engineering matters, including preparation of opinions of probable construction costs for paving, grading, and utilities. 2. Survey information is not available at this time for use as a basis for conceptual design work. However, the CITY will provide all available information regarding underground utilities, and other data that would! prove to be beneficial in undertaking this scope of services. 3. Feasibility studies or other work related to the pursuit of grant funding for stormwater retrofit improvements is not included in the scope of work. 4. CONTRACTOR and OWNER will each appoint a project manager to serve as their representative, providing a single point of contact for all communications, and be fully authorized to provide approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONTRACTOR. 2. It is understood that this work shall be undertaken without the benefit of an "as -built" survey of actual field conditions. Changes in design concept and/or design details in order to accommodate field conditions as revealed by a detailed survey of existing conditions prepared by a professional surveyor and mapper will be handled under a separate work authorization. 3. Site grading and drainage design 4. Utilities design 5. Preparation of final construction documents Offer 1by* Accepted by: / 0_o /' Donald R. Soderblom GreenBlades of Central Florida, Inc City of Cape Canaveral 3 11 CITY OF CAPE CANAVERAL 2005-06 FISCAL YEAR BUDGET BEAUTIFICATION FUND 105-15-541. CODE DESCRIPTION I 2002-03 2003-04 ACTUAL ACTUAL EXPENDITURES 2005-06 % BUDGET CHANGE CAPITAL OUTLAY 6310 LANDSCAPING-BENNIX 6,195 44,648 65,000 65,000 27,000 -58% 6320 SR_A1A BEAUTIFICATION 228,150 12,946 - - 6340 BANANA RIVER PARK 0% 15,000 100% 6400 CAPITAL EQUIPMENT 671 19,888 9,800 9,800 - -100% TOTAL CAPITAL OUTLAY 251,882 108,991 168,800 205,800 209,500 2% GRANTS & AIDS TOTAL GRANTS & AIDS 2,000 2,300 2,800 2,800 1,500 -46% TOTAL RESERVES - - 15,600 15,600 18,803 21% 1 TOTAL BEAUTIFICATION 445,167 307,316 459,907 501,907 600,604 20% 62 Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Considerations Item g No. Cay. 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 48" dbh Oak Tree and a 30" 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 at the request of the applicant. You have been provided with a hand-out showing the existing tree survey with the proposed site plan for Sea Shell Cay. The applicant claims that this project should have been exempt from the new code provisions (see attached correspondence). Since this is the first request to remove a specimen tree since the adoption of Chapter 102, 1 included the new ordinance for your review. Please see Section 102-41, Specimen Trees, as it relates to this request; mitigation is 2 to 1. Please advise. Exhibits Attached: Request Letter; Timeline Letter; Moratorium Ordinance; Chapter 102 City Mana fiice f Department BUILDING DEPARTMENT im\mydoc nts\ in\counci eting\2006\02-21-06\trees.doc PO Box 613 Cape Canaveral, FL 32920 Office Phone: 783-3751 (Office) Cell Phone: 693-8941 or 693-8914 Fax: 321-783-3752 i 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 Todd, 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 in.this 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 (Office) Cell Phone: 693-8941 or 693-8914 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 Todd, In the spirit of the city's newly passed Tree Ordinance, Article II, 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. .f, ~ i� a I t - L . 4 ` i ^f i �#� - j � r 'i,•' '� - Ca. �, �`,; '� X17 .i c 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, 0 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 Jams NI an Jr., Vice President All Shores Construction and Supply Co. Inc. yu 13:58 FAI 13217835410 KING RENTALS Detail Sheet Photo 1i■uvol"1111me at two tk" / Commercial VACANT LAND MLS #: 313513 Area: Address: 88015EASHELL LN City/Sr/Zip: CAPE CANANVERAt„ SWP7/CO: HARBOR HEIGHTS WaW*ont: N Waterfront Feet: c uuz>' uuo Page 1 of 1 r 0 OFFICE FORMAT -03=05 71:07:0'1 AM 271 -CAPE CANAVERAL List p ' 110DOD • Sold FL 3.2920 BREVA RO te: / /2005 ez 1210,000 Shc Remark: Downpmt: ODM: Zoning Ci Cl Pud: N Taxes. Homestead: Tax Year. 2903 Adj Lot Avall. Number Of Lots: 2 Lot Sgtt Lot Dim: 149 X 190 Lot Acres: 0.600 Mw Acct Id: Parcel Id- ' Narrative: Property consists of two commercial lots in a prime location. Near area of growth in Port & established residential area for great client base. Comer lot with frontage on N Atlantic. May be possible to obtain special permit for multi4amily, this would be r wonderful spot for townhouses, dose to beach & all area aw ctiom. Directions: N AIA TO N All AMM CORNER OF HARBOR & SEASHELL GENERAL INFORMATION soc AsFee: N Zoning: Cl Fee IneJudes: Additional Unit #: Site location: Major Roadway, Paved Street Deed Restrictions: N Gated Community: N Restrictions: 55 + Community: N Sale Options: Subject To Zoning Land Description: Lot - Corner, Trees, Irregular shape, Lot - City Owner Will Consider: Conventional, Cash Only Frontage Desc: City Road Land Value: Road Surface: Paved Market Value: Road Front Footage, 149 Assessed Value; Future Use: Commercial Improvement Value: Adjacent Use: Commercial, Residential Assumable: N Free & Clear: N Improvements: Street L19W Documents On File: Security Features: f4anageroent: Available Utilities: City Water, Cable Available, Electric, vaesevion: Closing Telephone Measure Desc: Tax Rolls Community Amenity; Banl4cotp Owned: N Map Coord: V27 BROKER/AGENT NWO List Agent: KEENAN, V1144M4f List Agent Phone: 321-754.6256 List Agent Fax: 321-799-2930 List Agent E-mail: vincentir0brevardre-aleState.com List Agent Web: &Wragnt comp: 2.5 Transbrkr Comp: 2.5 Nonrep Camp: 2.5 Sub Agent Comp: 0.0 Variable C omrnisslon: N Bonus: N Listing Type: ER - Exclusive Right of Sale Type of Service: RJL.L W OfRce: RE/MAX SEFMCE TEAM code/8rondt - Assoc RMAX/ 01- SCAR List Office Phone: 321.452-9800 List Office Fax: 321.452-9883 LlstOffice E -mall: BrokerCwBrevardRealEstate.com List Office Web: Contact Name: VINCFNF KEENAN Appointment: Listing Office Appointment Phone: 452-9800 Show: Drive By Ok Agent info; ** COMBO OF TAX ACCOUNTS 2456495 & 2429676•:Y Office Into Only: Legal Dew Sell Agent: KEENAN, VINCDNR Sell Office RERW SERVICE TEAM Sell Agent Phone: 321-452-98W Code / Branch: RMAX t 01 Sold Terms: Cash Sell Office Phone, 321-452-9300 50 Office E -mad: BrokerOBrevardRealEstate.com Original Date: 12/28/2004 009 List Price: $249,000 List Date: 17J27/2004 t Prev Lot Price: $249,000 WAI Expire: 12/27/2005 Last Modified: 03/73/2005 Previous Status: Contingent (nom Date: Plat Book: Plat Page: Data displayed as a service only and net warranted w current, accurate or complete. L& 5-od Ase'y caki S 17 Vincent Keenan - RE/MAX Service Team - 321-693-0187 ORDINANCE NO. 02-2005 AN ORDINANCE OF THE 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 taking 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 off, 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 of the 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 well -beyond 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. g. 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 other related 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 maybe extended for thirty (30) days by majority vote of the City Council at a duly held Council meeting. Section 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. 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 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. Section 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. ATTEST: 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 Steve Miller Jim Morgan Buzz Petzos 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. 'Etle; 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. 102-42. 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 landscape 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. § 102-36 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 Transplant means the act of relocating an existing tree upon the same lot. Tree 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. Tree 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 ry :,ch 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- SUDD. 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 § 102.40 the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (1) For building and construction sites, as shown on city -approved site plans, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102-43 of this division. (2) The trunk of the tree is located closer than five feet to the foundation of an existing or proposed structure, and it is not feasible to relocate the structure, pro- vided trees and landscaping are installed on the property in accordance with sec- tion 102-43 of this division. (3) The trunk of the tree is located closer 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 structi}re, 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) Topography 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••43 tive fences and walls, trellises, lighting, etc.), and planting premium A -grade plant materials and trees on public property. (c) The waiver is compatible with the sur- rounding 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 or height restrictions set forth in any zoning dis- trict 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. (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) Tree 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. § 102-43 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 tree(s) 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 applicant/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 SuDD. No. 14 CD102:10 VEGETATION development site, excluding wetland areas and existing conservation ar- eas, as follows: DBH of Preserved Reduction in Re - Tree 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 end, 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. § 102-44 (3) Control and elimination procedures shall in no way promote the proliferation of the species through the dispersal of seed or other vegetatively reproducing parts. (4) Control and elimination procedures shall in no way harm or cause the decline of 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 deposits within the tree protection zone, before or during construction. Before or during construction the builder shall erect and maintain suitable protec- tive 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- tive 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) Tree 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." 0) 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 § 102.48 any tree within the city, except undesirable spe- cies which are prohibited. The provisions of tris division govern only the planting of trees which are required to be planted or retained under this division. Trees or plants planted in the city's 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 ciry 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 CD102:13 § 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. 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. (a) Violations require remedial action. Where The city council may adopt, by resolution, such tree removal or land clearing violations of this administrative rules and regulations and fees division have occurred, remedial action shall be - that are necessary_ and proper to implement this taken to restore the property consistent with a division. restoration plan approved by the building official (Ord. No. 05-2005, § 2, 4-19-05) or the city council if the violation is inconsistent Sec. 102-52. List of desirable species and with plans, permits, or agreements approved by plants. 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 city under section_ 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a 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 this section. For new develop - (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- placementSmall placement Can- Trees or Palms opy Rees Re- Required for DBH of Pro- quired for Each Each Tree Re- Contribution to tected Trees Tree Removed moved Preferred Plant Tree Bank 4" up to, but not 1 or 1 or Preferred or $250.00 including, 8"plant(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 n_o_t_ including, _ _ __ _ _ plant(s) w/cred- 16" its 16" up to, but 4 Not allowed Preferred - $1,000.00 not including, plant(s) w/cred- 24" its >24" To be preserved; To be preserved; To 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 to costs of installation and establishment. Supp. No. 14 CD102:20 Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Site Plans Item 9 No. Harbor Heights. The applicant has obtained a special exception to develop residential within this C-1 zoning district 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 at the request of the applicant. 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 permit/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 Manager' Office ,. Department GROWTH MGMT/P&Z -n kim\ ydocume s\admin\cou ting\2006\02-07-06\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 Law 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 ouadolex 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 Truly 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. KI / k1'.), ?k '.V1 -7M-7lAkh �iT ITTI =R PAGF VV SSA January 3, 2046 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: 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. 41°41 John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee For Review #3 -- $96.00 NOTICE OF ADDITIONAL. FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2"d review w111 be billed at $95.00 per hour. Sl OTCLER STAGG & ASSOCIA.TES 4RCHMM ENGINEERS PLANNERS, INC. 8680 Narth Atlantic AweLve F. O. Bnx 1630 Cape Canaveral, norida 929.10 Tel 321-783.13N Fax 221 783-7065 j�leiv�prcject5,;apelLdaa sn®f caq rrmn 3 apptoea dnr 11c. *AAC(O K3214 *EBOp00 J62 #L$OOW700 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 Meering 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./DWISION: 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: ��(�,� eA�& RESIDENTIAL•:.._-�_ _ _-_ -_�__ � _.:--_. _—s_ .=== -==� _-_, _-- --- 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? 4 (4) or more Residential Units $50.00 (1st (4) Units), Plus Units @ $7.50 per unit COMMERCIAL: 50.00 $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: $ `-1 CX2`- , O -C', TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ �Ste, PAID RECEIPT NO. DATE RECV'D_ ¢/2 5 cc . cc �f,a4er —EIFE: DATE: PROJECT NA EE: LFr, AT nZ'crT,,-...A _ OF ARCHITECT/E-GD;EER: PHONE-i-1,r-BER:S3- ,5�,1-1 APPLICA -NT-S SICNAn-RE: O�'�+ER OR AGENTPHO ,E -C1F-BER: 3 _ a /95 .. SITE PLAN APPROVALtNEORMATION SITE PLAN APPROVAL PROCEDURE: Step 1. Site Plan Submittal and Review Required: Yes No New commercial building or structure? N;ew residential structures with three or more dwelling units? Commercial additions exceeding 850 square feet? _ J If yes has been checked on anv of the above;--a-site plaia--suba— nor review Step 2. Submit five () copies of the site plan signed and sealed by. a Professional Engineer, licensed in the State of Florida along with a Erma fee to the Buiiding Department 30 days prior to the Planning and Zoning Board meeting. (The Board meets the 2nd and 4th Iy ednesdav of eve. -v month.) The Building Department shall di -tribute the site plans to the following departments and return comments to the applicant within 10 days of its submirml. 1. Ciry Engineer 2. Building Department 3. Fire Official 4. Florida Department of Environmental Protection ('u appropriate) tep 3. The applicant shall return nine (9) copies of the revised site plan along with written responses to all comments at least seven (i) days prior to a Planning and Zoning meeting. tep 4. Compliance with Stormwater Concurrency Management. tee S. The Building Department will return one (1) copy of the site plan to the applicant marked with the Board's approval subject to contingencies (if applicable.) SITE PLAN CHECUIIST SITE PLAN INFORNLAMON: (General) -il Sze, height. number of units and location of proposed and e.-stina structures. Dimensions metal =r-0��s-r-Brand—pe:-rerrta—devo d to structures. parking and landscaping. Number of uaits -Number of parking spaces and loading zones _ Traffic flow diagram Density (units per acre) Location and dimension for the folIowina areas: Y Park(s) _ Canal(s) NVater-ways) Boat slips) Parking - Swimming p00I(s) Driveway(s) Recreation SITE PLAIN CHECKLIST (CON'T'INUED} PAGE 2 es No N. A. Trash . Sidewalks Dune crossovers i Other (specify) Tv -pe of enclosure for communal tras coo_ta ner-(s` — r } Fire alarm and standpipe data Viciniry mao f Location of planned landscaping etails. sections andspecifications Street lights Water and sewer Finished„arades for the following: Entire parcel Finished floors Streets v' �. Parking lots Sidewalks 10”of adjoining property etails. sections andspecifications Street lights Water and sewer Yes No V��x —Z— SITE PLAN CIIECTIST (CONTEN- EDI PAGE 3 N.A. Paving and arainaae Curbs Storm drains Sidewalks Engineer' al--o-n-drawin s Square footage of buildin? areas Living Parkina Other (specifv) Total under roof Reauired notes: Sidewalk and sanitary sewers to be constructed to City_ of Cape Canaveral standards N -Vater lines to conform to Citv of Cocoa standards Fire alarm sz stem to be installed and connect to City of Cape Canaveral Fire Department standards. TOP GRAPHIC SURVEY 7 LSC and G.S. datum plane Existing street lights ■■■■ ■■■■� all 1 ■ ■ ■'■ BREVARD COUNTY ROADWAY AND EASEMENT PERMIT PERMIT ~T0 BE POSTED AT JOB 20050802 CULVFRT: CONSTRUCTION TYPE: CITY PERMIT#: P01�8323 |3E: DRIVEWAY FOR TOWN HOMES ZONIN8 CLASS: lNSTALLATION: `ONSE T T. VALU ' 455-1392�� SOUTH 255-4352 0 8AS HEAT NO DR]VFWAY WIDTH; 24' FORM DS MUST PE 1"X6" OR 2"X6" WTDE JN COUNTY W: 24 RG 14 SUB: BK: LT: BDR: 0 L.AREA 0 �—CQDE: 901 S/D NAMF: HARBOR HEIGHTS WEST CUNST: MIN FROM TNTERS�Cl[hS RDAD R/W. �UILD. SIZE: COND-SQ/FT: RESTORE 0 OTHER SQ/FT: 0 TOTAL SQ/FT: 0 �ITE �D CONDIT]DNS 0F TH]S PERM)T. RIGH7—PF—WAY INSP�CTIONS MUST BE ]TIFlEu 48 HO`/RS PRIOR 70 START 1)ATE ON UTBF,ITYCONSTRUC[TON /DDRESS: SEA SHELL LANE PROJECTS' PRE—PQUR AND FINAL JNSPEClIONS MUST BE CAPE CANAVERAL 32952 24 H1UR6 IN A0VANCE AN0 BY 4 P TO 8E TNSPECTED PLATBOOK AND PA8E I'S NOT ON FILE MILL: 26S0 �ONTRACTOR: N/A |JUCATE INFO1"MAF1F1 1. CERT.#: PHONE: DDRESS: 0 NUMBER STRE"�l/ROAU CTTY PyLl|: AtL ION PHONE: 371 �93R9z DDRESS: 413 LINCOLN ��VE CAPE CAN/`YERA1' F} NUMBFR STREET/ROAD CITY Z/P FHMlTTEE RESPONSIBLE FOR DAMAGES TO ROAD/EASEMENTS DURlN� CONSTRUC[l/lN COND]TIONS FOR CONSTRUCTION: LOT DRAINAGE: FROMT DRAIN. W�RP: CULVFRT: GAU8E ACCMP: RCP: AL|jMIN|]M: _ HEADWAiLS: MIl'ER[D ENDS PERM]T MUSl RE FAXFD TO ARF�A ROAD & BRJOSE PRIOR TO f`ALL FOR CULVB�T lNSTALLATION: ~ NORTH AREA:264-6424 CENTRAL 455-1392�� SOUTH 255-4352 APPRUVED DR]VFWAY WIDTH; 24' FORM DS MUST PE 1"X6" OR 2"X6" WTDE JN COUNTY R�O.W' & FASFMENTS.~LANDSCAPlNS IN RI/�HT-U�—WAY & EASEMEN7S R EQUIRE ADDIT]nNAL PERMITTING CALL. 633-217RX2 CDNCRETE 6 INC1E5 IN DEPTH AND 3000 PSI WITH WlRE MESH TN CnUNTy R/W 3 FT. MIN FLARES EACH SIDE OF DRIVEWAY. 40 FT. MIN FROM TNTERS�Cl[hS RDAD R/W. RESTORE AND �OD ALL AREAS DISTURBED BY CONSTR. IN CN7Y R/W OR EASEMENT Y /\CCFPTANCF OF THl�} PERMIT THE PBRMlTTEE AGREF5 TO THE T�RMS �D CONDIT]DNS 0F TH]S PERM)T. RIGH7—PF—WAY INSP�CTIONS MUST BE ]TIFlEu 48 HO`/RS PRIOR 70 START 1)ATE ON UTBF,ITYCONSTRUC[TON AND ]MMER{�IAL PROJECTS' PRE—PQUR AND FINAL JNSPEClIONS MUST BE �LLED IN 24 H1UR6 IN A0VANCE AN0 BY 4 P TO 8E TNSPECTED �E FOi'LOWING BUSl�ESS DAY. PHONE :7. "1 ANT MUST t}MPLY WlTH F.S. 93.240 FOR UT[i[TY |JUCATE INFO1"MAF1F1 1. iSP[CTOR NAME: RANDY [K|RAND �SP STSMATURE___ Contractor responsible for any damage to Right -of -Way and Easements and must repair and restore k)Brevard County and Florida Department nfTransportation Standards prior b>C/O OrFinal Construction ��*u»���c[ on ^ �s not to interfere ^ th drainkge __ DATE OF FINAL INSP... ... ___/___ DATE OF PRE—POUR [NSP Chapter 556, Florida Statues, requires the Permittee, prior to anv ex . cavation or demolition activities, to notify the' ONE -CALL sYstem.(also called Sunshine State One -Cap). This is to be done not less than 2, nor more than 5, business days before beginnin'g. 1-800-432-4770 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: Proposed Density: Current Future Land Use: Current Zoning: 4 7.45 DU/AC Commercial C-1 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. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA 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. Page 1 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 From: John J. Cunningham, Asst. Fire Chiez-- Re: Date: Sea Shell Cay Site Plan 2nd Submittal - - 11-29-2005 . 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.ori! 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. J I J I I t -tri December 7, 2005 Mr. Tadd Morley City of Cape Canaveral Building Department 105 Palk Avenue Cape Canaveral, FL 32920 RE: Site Plan Review— Sea Smell Gay.- Review #2 SSA Job No. 05.0025/012-1004 Dear Mr. Morley: HAUS 01 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. Qf . r=*&. John A. Pekar, PE Sr. Vice President - City Engineer An lrbach, P Project Engineer City Engineer's Review Fee For Review #2 — Included in Review 41 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 billets at $95.00 ver hour. SrOMER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 Nortb Atlantic Avenue P. o. Boot 16,10 Cape Canaveral, Florida 32920 Tel 321-7&3.1.420 Fax 321-Mr7065 u:goans�ttomalcA9Mroject9lcapc13e39hr9ca�ImaxZdOr. Lic.#AAMKS.33A PEB0000762 RLS0006700 Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Site Plans Item 10 No. This item was tabled from the 01-03-06 meeting in order to clear up some code and property issues. 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 from the 01-03-06 meeting in order to clear up some code and property issues. 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 Mana Office Department GROWTH MGMT/P&Z cape- \mydo tfdmin\councii-\�ing\2006\02-21-06\may.doc City of Cape Canaveral )05 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 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 Meeting 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 construction 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 APPLICATION FOR IEw FEE:.A'dj A50, 00 I1 CM DATE: :,?-,38-0,5 PROJECT NANEE: LEGAL DESCRIPTION: ?, 3 [� OWNERS N O1;�-NER(S) ADDRESS: 1 C1 � /as CSA-V e—& ._ &== r3 "(1 s 2___ PHONE NL.NLBER: N AAEE OF ARCHITECT/E'NGE EER: � �� Fir&,,n (/ rd P H UNT IN-U.N, F -B E R: 3 S' '1, 91 - qNq APPLIC LNT"S SIGNATURE: PHONE iii.�fBER: ~% ��T" "7 66 t -y, 1195 SITE PLAN '.PPROVAL L TFORNIATIC., � SITE PLANT APPROVAL PROCEDURE: Step 1. Site Plan Submittal and Review Required: Yes No V New commercial buildina or structure? �; ew residential structures with three or more dwelling units? _JZ Commercial additions exceeding 830 square feet? If ves has been checked on any of the above, a site pian submittal and review is required. Step 2. Submit five () copies of the site plan signed and sealed by a Professional Engineer, licensed in the State of Florida along with a f1l ng fee to the Building Department 30 days prior to the Planning and Zoning Board meeting. (The Board meets the 2nd and 4th Wednesday of every month.) The Building Department shall distribute the site plans to the following departments and return comments to the applicant within 10 days of its s ub mural. 1. Circ• Enaineer 2. Building Department 3. Fire Oficial 4. Florida Department of Environmental Protection (ii appropriate) Step 3. The applicant shall return nine (9) copies of the revised site plan along with ivritten responses to all comments at least seven (i) days prior to a Planning and Zoning meeting. Step 4. Compliance with Stor nwate:- Concurrency Management. Step 5. The Building Department will return one (1) copy of the site plan to the applicant marred with the Board's approval subject to contingencies (if applicable.) SITE PLAN CB ECIMIST SITE PLAN INFORMATION: (General) Yes No N.A. Size; height; number of units and location of proposed and e,c.stina structures. Dimensions !/ Total gross area and percentage devoted to structures;�__________ --- -and-land-scapna._—_ Number of unirs Number of parking spaces and loading zones y Traffic flow diagram Density (units per acre) Location and dimension for the following areas: t� Park(s) Canal(s) NVaterw av (s) 1/ Boat slip(s) Parking Swimming pools) Drivew av(s) Recreation SITE PLAN CBECIMST (CONTINUED) PAGE 2 Yes No N.A. Trash Sidewalks Dune crossovers V Other (specify) Type for communal of enclosure trach container(s) Fire alarm and standpipe data V Viciniry mag Location of planned landscaping Finished grades for the following: _ IL Entire parcel Finished floors Streets Parking lots Sidewalks 10" of adjoining property Details. sections and specifications Street lights t/ Water and seiner Yes No N.A. PAGE 3 Paving and drainage Curbs Storm drains Sidewalks Engineer's seal on drawings Square footage Of huiiding areas Living (/ Parking zz Other s pe�ifv) Total under roof Reauired notes: Sidewail; and sanitary sewers to be con Cape Canaveral standards constructed to City of Waterlines to conform to Cit .y of Cocoa standards Fire alarm syste:n to be in • Cape Canaveral Fire Departmle t standards.led and ect to City of TO PO r RAPHHI C SL.T Rti-E y USC and G.S. datum plane Existing street 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. c By Enrique A. Tomeu, President O Su JOE D MATHENY Chvnndn jJ RAYMOND 1' SI 7ARKEY vice Chairman n AUTHORITY _i PORT A 1OM`°oosON Secretary- hey surer RALPH KENNEDY C( wl'.rvoner RODNEY5 KETCHAM Cornnu55inner 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. Regyrd r� Susan A. Cossey Director, Tenant Development & Foreign Trade Zone 136 PORT CANAVERAL & FOREIGN TRADE ZONE 136 PO Box 267 • 200 George King Boulevard • Cape Canaveral, Florida 32920, USA • 321.783.7831 • Fax 321.784.6223 • 1 888PORTCAN www. port ca n a v e r a I. org 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 C 1 Commercial Cl Commercial MI Industrial and R2 Residential Comp Plan Port C 1 Commercial Cl Commercial Ml 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 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. John A. Pekar, PE Sr. Vice President - City Engineer CityEngineer's Review Fee ForReview#2 — Includedin 1St 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. STO=R STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783.7065 Lic. #AAC000329 #EB0000762 #LB0006700 J:ICIVILIProjects\CAPEII-canaveral bulk storage review 2 approve.doc - 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. 1-1. c I V V VO4" AMVM00AUUK CANAVERAL BULK S TO AGE Dee 6.2005 City of Cape Canaveral Building Dept. Ref. Canaveral balk storage site plan The landscaping will be completed on or before the 31' of January 2006 Sincerely, Randy Canaveral :Bulk Storage kv,001/001 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 b) 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 Ob 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. sealed anddelivered i he presence o Its 3 cit 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 ft1e4.2� _o 6/— 1-- , to me known personally to be the �k2FSr/J•git,�'i of AMBASSADOR SERVICES, INC., who has produced, / as identification. He has acknowledged before me that he has the duthority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. YVITNESS m hand and official seal in the state and County last aforesaid this day of _-C. , 2005. CORRINA L. HALL Notery Public - State of Florida N o a ry Public • • "z My Cara *Wm Expires Sep 5, 2009 Conerdssion # DD468286 '` •°. '" Bonded By National NotaryAssn. Signed, sealed and delivered in -presence o r J f/ of L ► � L�.:�. � ���. � STATE OF FLORIDA COUNTY OF BREVARD CANAVERAL BULK I , INC. By —7 Its R I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personall�r appeared cue, M * o , to me known personally to be the 2Fs '0'gW7 of CANAVERAL BULK TERMINAL, INC., who has produced ,e 4C - 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. WITNESS m v hand and official seal in the state and County last aforesaid this day of `tJ�c - , 2005 r.--— CORRINA L. HALL . Notary Pubk - State of Florida My Cornn*sion Expires Sep 5, 2009 UnwAssion ff DD466286 '�• •? Bonded By Nall" Notary Assn, Notary Public 0 (13 Signed, sealed and delivered in the presence of: PORT CANAVERAL TERMINAL SERVICES, LLC By d2� �e Its STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authori d in the State and County aforesaid to take acknowledgments, personal appeared t� to me known personally to be thef�F, 5i /JNi of PORI CAVERAL TERMINAL SERVICES, LLC, who has produced tr4e,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 m hand and official seal in the state and County last aforesaid this 6 day of C --G . , 2005. 1113 CQRRINA L. HALL s sb Notary Public - Sate of Florida • lb!!y Comn*Won Expires Sep 5.2W9 a Conanission # OD468286 �•°�Bonded By National Notary Assn. ATTEST:. , City Clerk Notary Public 1.9 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, 4-1084); 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' 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. L�) 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: 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 47'35" 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 3831.63 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 00°4735" 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 24°36'56" 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 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°0'0'00" 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. Z`� 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 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, 74 CW 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 r Cw�lr� AMBA AD R SE ICES, INC. B Its CO STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the StVt and County aforesaid to take acknowledgments, personally'aweared to me known personally to be the I245s/1J<ti 7— of of AMBASSADOR SERVICES, INC., who has produced 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 m� hand and official seal in the state and County last aforesaid this day of se C. 12005. �.•�,,,� CORRINAL.HALL { Notary Pubic - Skate of FWft Notary Public • • - Camndssion Expires Sep 5, 2009 Commission 8 DD468286 9ontMd By NO" glary Ann. Signed, sealed and delivered CANAVERAL BULK INC. in the presence of r OL 02�,�O��c BY - STATE OF FLORIDA COUNTY OF BREVARD 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personal peared fz/,! d&F 7-0 61, %L[ , to me known personally to be the ,o tiT of CANAVERAL BULK TERMINAL, INC., who has produced as identification. He has acknowledged before me that he has the autho ity 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 ee- , 2005 .Y P CORRINA L. HALL Notary Pubic- State of FbWa Oat My �Exp�682Sep862009 .RRM find By NaiiOnal Notary Assn. Notary Public �i Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD PORT CANAVERAL TERMINAL S E RV1C€-S--6LC :J Its �R 5 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared L� to me known personally to be the _ ��,�G5. of PORTANAVERAL TERMINAL SERVICES, LLC, who has produced `�fL /_1 c, 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 m hand and official seal in the state and County last aforesaid this day of C , 2005. ATTEST: CORRINA L. HALL 'FGs N*q Pubk - Stale of Florida W Con060im Exp a Sep 5,2M Commiai0n S DD466286 &x dad Bir NAf W Notary Aeen. , City Clerk ('�" Notary Public 5 CITY OF CAPE CANAVERAL , Mayor L 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' 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")5" 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: 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 4735" 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 3831.63 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 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 89052'44"W, A DISTANCE OF 945.50 FEET TO THE WESTERLY LINE OF SAID LANDS; THENCE N 24°36'56" 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 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 PORT AUTHORITY; 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. Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Discussion Item j ] No. County attorney e-mail; proposed ordinance; Florida To editorial supporting ordinance AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROPOSED COUNTYWIDE SEXUAL PREDATOR ORDINANCE DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the proposed countywide sexual predator ordinance. Summary Explanation & Background: The Brevard County Attorney's Office is seeking feedback on this proposed ordinance. Discussion item only. Exhibits Attached: County attorney e-mail; proposed ordinance; Florida To editorial supporting ordinance City Manager' Office , Department LEGISLATIVE cap - im\mydoc !n in\counciixmeezing\4uuo\VL-LL-vo\yLcUa wL.UVi Message Bennett Boucher Page 1 of 1 From: Richardson, Morris [Morris.Richardson @brevardcounty.us] Sent: Thursday, February 09, 2006 3:30 PM To: W D Higginbotham, Town Manager; Bennett Boucher, City Manager; C. Chinault, Town Manager; Carol McCormick, Mayor; Chuck Billias, City Manager; Ed Booth, Town Administrator; Melbourne, Citymanager; Burns, J; Jim McKnight; Feldml, Feldml; Mark Ryan; Mcrotty,; Holt, R; Tom Harmer. City Manager Cc: Griffith, Gina Subject: RE: Proposed Sexual Predator Ordinance Attachments: sheriff proposed ordinance.doc Please note that the attached ordinance is a proposed countywide ordinance. To the extent that the various municipalities have not and do not adopt conflicting ordinances, this ordinance will be enforceable throughout the county. It is the intent of this ordinance to avoid a confusing patchwork of legislation. This ordinance is intended as a gap -filler until such time as the state takes action on the issue. The Brevard County Association of Police Chiefs prepared the ordinance in association with the Sheriff and our office. Please feel free to direct any questions or comments to me or to your local chief. Thanks and best regards, Morris Richardson -----Original Message ----- From: Lewis, Sally A Sent: Thursday, February 09, 2006 3:05 PM To: W D Higginbotham, Town Manager; Bennett Boucher, City Manager; C. Chinault, Town Manager; Carol McCormick, Mayor; Chuck Billias, City Manager; Ed Booth, Town Administrator; Jack Schluckebier, City Manager; Jackie Burns, City Manager; Jim McKnight; Lee Feldman, City Manager; Mark Ryan; Michael Crotty, City Manager; Ric Holt, City Manager; Tom Harmer. City Manager Cc: Richardson, Morris Subject: Proposed Sexual Predator Ordinance Attached is the proposed Ordinance, Re: "Sexual Offenders and Sexual Predators". Please review this ordinance and send any comments back to Mr. Morris Richardson, County Atty. This Ordinance will be coming back to the Board of County Commissioners in approximately 60 days. Thank You Sally Lewis 02/13/2006 ORDINANCE NO. 2006 - AN ORDINANCE RELATING TO SEXUAL OFFENDERS AND SEXUAL PREDATORS; ENTITLED "SEXUAL OFFENDERS AND SEXUAL PREDATORS"; PROVIDING FOR FINDINGS AND INTENT, DEFINITIONS, PROHIBITING SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM RESIDING OR ENTERING WITHIN 1000 FEET OF SCHOOLS, DAYCARE CENTERS, PARKS AND PLAYGROUNDS, PROVIDING EXCEPTIONS, REQUIRING LAW ENFORCEMENT OFFICERS TO AFFORD AN OPPORTUNITY TO EXPLAIN PRESENCE IN A PROHIBITED AREA, PROVIDING FOR MEASUREMENT OF DISTANCES, REQUIRING DECLARATION BY SEXUAL OFFENDERS AND SEXUAL PREDATORS UNDER CERTAIN CIRCUMSTANCES, REQUIRING PHOTO IDENTIFICATION, PROHIBITING ACCESS TO PUBLIC SHELTERS WITH EXCEPTION OF THOSE SPECIFICALLY DESIGNATED TO HOUSE SEXUAL OFFENDERS AND PREDATORS, EXCLUDING TRAVEL ON BREVARD COUNTY PUBLIC ROADWAYS; PROVIDING PENALTIES, PROVIDING FOR COUNTYWIDE APPLICATION, PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners, collectively and in conjunction with other elected and appointed officials within Brevard County, notes that there have been numerous occurrences within the State of Florida and the United States where convicted sexual offenders and predators are released from custody and thereafter commit similar crimes; and WHEREAS, it appears that the recidivism rate for released sexual offenders and sexual predators is alarmingly high, especially for those who commit crimes upon children; and WHEREAS, the Legislature has found and determined that sexual offenders and sexual predators present an extreme threat to the public safety; are extremely likely to use physical violence and to repeat their offenses; commit many offenses and have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes [See F.S. §775.2I(3)(a)]; and WHEREAS, the Legislature has found and determined that protection of the public from sexual offenders, particularly those who have committed offenses against children, is a paramount governmental interest [See F.S. §944.606(2)]; and WHEREAS, Florida law prohibits certain sexual offenders from residing within 1,000 feet of any school, day care center, park, or playground (See F.S. §§794.065 and 947.1405); and WHEREAS, the Florida Legislature passed House Bill 1877, commonly known as the "Jessica Lunsford Act", which was approved by Governor Jeb Bush on May 2, 2005, and codified as Chapter 2005-28, Laws of Florida; and WHEREAS, the "Jessica Lunsford Act" will likely increase the number of offenders who will be designated as sexual offenders or sexual predators and will require electronic monitoring of certain offenders and predators and will otherwise strengthen the State's efforts to control the cancer of child sexual victimization; and WHEREAS, Brevard County is a family-oriented community that highly values its children and is a place that families with young children find highly desirable; and WHEREAS, schools, day care centers, parks and playgrounds are places within Brevard County that children are frequently and regularly located and involved in activities; and WHEREAS, Brevard County has a substantial and compelling interest in maintaining the quality of life and protecting the health, safety and welfare of citizens at schools, daycare centers, parks and playgrounds to engage m positive educational, economic and social activities, and has a substantial and compelling interest in allowing the citizens to gainfully and productively use and enjoy the facilities in these areas and communities without victimization at the hands of a sexual offender or sexual predator; and 2 WHEREAS, individuals have a significant interest in being able to travel and associate freely in all areas of Brevard County, except during times of a public safety emergency, such as natural or manmade disasters; and WHEREAS, it is in the public interest to exclude certain sexual offenders and sexual predators from the areas surrounding schools, daycare centers, parks and playgrounds; and WHEREAS, persons utilizing public shelters during times of disaster must be protected from Sexual Offenders and Sexual Predators; and WHEREAS, certain exceptions must be made to the blanket prohibition against sexual offenders and sexual predators traveling to, through and in the area of schools, daycare centers, parks and playgrounds; and WHEREAS, Brevard County desires to ensure that the citizens of the county are protected from criminal activity to the maximum extent afforded by controlling law in order to advance the public health, safety and welfare, and benefit the citizens of Brevard County to the maximum extent possible; and WHEREAS, the County is not prohibited from acting on the subject matter of this Ordinance and the provisions of this Ordinance are not preempted by and are consistent with State law; and WHEREAS, this Ordinance is enacted under the general home rule and law enforcement powers of Brevard County and is not a zoning ordinance or a land development regulation. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA: Section 1 — Legislative Findings. The above recitals represent the legislative findings of the Board supporting the need for this Ordinance. Section 2 — Definitions. Day Care Center - Any family or child care facility licensed by the State of Florida pursuant to Chapter 402, F.S. For purposes of this Ordinance, a day care center includes the parking lot, curtilage, yards, landscaped areas, C playgrounds, accessory buildings and all outdoor areas of the facility. It is the intent to include all areas reasonably included in and part of the facility. Park - A publicly owned or operated area used or available for the public's use as a recreational facility, including, by way of example and not limitation, linear parks and the State, County and municipal recreational trails systems. Permanent Residence - A place where a person abides, lodges, or resides for fourteen (14) or more consecutive days. Playground - An established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides. Public Shelter - Any shelter specifically designated by Brevard County or any municipality to house persons in times prior to, during and after the threat or occurrence of disaster. Sexual Predator and Sexual Offender Shelter - Any shelter officially designated by Brevard County or any municipality that is designated to house Sexual Predators or Sexual Offenders in times prior to, during and after the threat or occurrence of disaster. School - Any public or private school to include Charter Schools as defined in F.S. §§ 1000.04(1) and 1002.01 (2005) excluding facilities dedicated exclusively to the education of adults. Sexual Offender - As defined in F.S. §944.606(1). Sexual Predator - As defined in F. S. §775.21. Temporary Residence - Any place where a person may abide, lodge or reside that is not that person's Permanent Residence. 4 Section 3 — Sexual Offenders and Sexual Predators. Prohibited Residences of Sexual Offenders and Sexual Predators. It is prohibited and unlawful for any Sexual Offender or Sexual Predator to abide, lodge or reside in a permanent or temporary residence located within Brevard County when such residence is located within 1,000 feet of any school, day care center, park or playground, regardless of whether the school, day care center, park or playground lies within the jurisdictional limits of Brevard County. A Sexual Offender or Sexual Predator, having a permanent residence within 1,000 feet of any school, day care center, park or playground, does not commit a violation of this section if any of the following apply: (a) The Sexual Offender or Sexual Predator established the permanent residence in the specific dwelling in question prior to the effective date of this Ordinance. (b) The Sexual Offender or Sexual Predator was a minor when committing the offense causing the designation as a Sexual Predator or Sexual Offender and was not sentenced as an adult for that offense. (c) The school, day care center, park or playground was opened or established after the Sexual Offender or Sexual Predator established the permanent residence. Restriction of Certain Activities of Sexual Offenders and Sexual Predators. No Sexual Offender or Sexual Predator shall enter into or remain within the 1000 -foot buffer zone surrounding any school, daycare center, park or playground except to: (a) Attend a scheduled interview or meeting with a social service provider licensed by the State of Florida; (b) Comply with a request or court order from the judiciary, a correctional facility or a law enforcement entity; (c) Attend a scheduled meeting or interview with criminal justice personnel at a criminal justice facility; (d) Attend a bona fide educational institution as a registered student; 5 (e) Attend a scheduled or emergency health care visit with a licensed physician; (f) As a result of fulfilling legally allowable duties imposed by gainful employment; (g) Transport children within their legal custody to and from school or daycare without any undue delay or loitering on premises; (h) Seek refuge in a public shelter that has been officially designated by Brevard County or any municipality to house Sexual Offenders or Sexual Predators during times of impending natural disasters or acts of terrorism; (i) Attend a scheduled legal consultation meeting with an attorney who is recognized as a licensed member of the Bar of the State of Florida; 0) Attend a church service or function; (k) Vote at a designated polling place within his or her district; (1) If the Sexual Offender or Sexual Predator is the parent or guardian of a person under eighteen (18) years of age, provided the Sexual Offender or Sexual Predator has declared his or her status as a Sexual Offender or Sexual Predator prior to entering the school property and has either scheduled a set time period to enter upon the property with the principal or designee or immediately notifies the principal or designee upon entering the school property: (1) Attend a scheduled conference at school with school personnel to discuss the progress of his or her child academically or socially; (2) Participate in scheduled child review conferences in which evaluation and placement decisions may be made or considered with respect to his or her child regarding special education services; or 0 (3) Attend scheduled conferences to discuss other student issues concerning his or her child such as retention and promotion. (m) If the Sexual Offender or Sexual Predator lawfully resides within 1,000 feet of any school, day care center, park or playground, he or she may enter into or remain within 1,000 feet of such school, day care center, park or playground for the purposes of travel to and from his or her residence, and any other bona fide activity arising from the ordinary maintenance and activities associated with such residence. However, this Section shall not be construed as prohibiting any person from traveling on those public roads located within the County when traveling through the buffer zone without intentional delay. A law enforcement officer shall, prior to any arrest for an offense under this section afford the person an opportunity to explain his or her presence in the area and the purpose thereof. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have authorized the person to be in the area pursuant to one of the exceptions listed above. Measurement of Distance Requirement for Residence. For purposes of measuring separation of a residence from a school, day care center, park or playground, all distances shall be measured from the outermost property line of the parcel upon which the residence is located running in a direct line to the outermost property line of the school, day care center, park or playground. For example, if the residence were located in a generally southwesterly direction from a park, then the measurement would be from the northeast corner of the residential parcel to the southwest corner of the park. For all other purposes, measurements shall run from the outermost property line of the school, day care center, park or playground. Measurement of Distance Requirement for Sexual Offender or Sexual Predator.—For purposes of measuring separation of a person designated as a Sexual Offender or Sexual Predator from a school, day care center, park or playground, all distances shall be measured from the closest observed location of the Sexual Offender or Sexual Predator to the outermost property line of the school, day care center, park or playground using a direct line measurement. 7 Required Declaration of Status as a Sexual Offender or Sexual Predator. (1) During times of impending natural disasters or acts of terrorism, Sexual Offenders and Sexual Predators shall immediately identify themselves as a Sexual Offender or Sexual Predator, as the case may be, to the official in charge of any public shelter where they seek refuge. Sexual Offenders or Sexual Predators will not be permitted to remain at general shelters not designated to house them. Sexual Offenders and Sexual Predators will only be permitted housing at shelters specifically approved to house Sexual Offenders and Sexual Predators. (2) A Sexual Offender or Sexual Predator attending any school or transporting children they have legal custody of to a school or day care center must declare his or her status as a sexual offender or sexual predator to the school or day care center principal or designee prior to entering the school or day care center property, and must also either schedule with the principal a set time period to enter upon the property or immediately notify the principal or designee upon entering school grounds or day care center property. (3) All Sexual Offenders and Sexual Predators registered in Brevard County shall carry their State Driver's License or State Identification Card on their person at all times. Prohibition on Rentals and Leaseholds. It is unlawful for a property owner to knowingly let or rent any place, structure, or part thereof, to a Sexual Offender or Sexual Predator, with the knowledge that it will be used as a permanent or temporary residence, if such place, structure, or part thereof, is located within 1,000 feet of any school, day care center, park or playground. In any prosecution for a violation of this section there shall be the following rebuttable presumptions: (a) That the property owner had knowledge that the person letting or renting the premises was a sexual offender or sexual predator, upon proof that the person was registered as same, either in the statewide or local registry; and (b) That the place, structure or part thereof would be used as a permanent or temporary residence, upon proof that the property is located within a residential zoning classification. Unlawful Residency. It is unlawful for a Sexual Offender or Sexual Predator to establish residency, whether through ownership, rental or lease after the effective date of this ordinance, if such place, structure, or part thereof, is located within 1,000 feet of any school, day care center, park or playground. Section 4 — Penalties. Any person or entity that violates any provision of this Ordinance shall be subject to any and all remedies available at law, including but not limited to, the code enforcement provisions of Chapter 162, Florida Statutes. Any person violating any of the provisions of Section 3 of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00) or by imprisonment in the County jail, not to exceed sixty (60) days or by both such fine and imprisonment, or if the offender is supervised by the Department of Corrections under Conditional Release, the offender may be charged with a violation of his or her supervision and be returned to state custody. Section 5 — Countywide Application. This ordinance shall apply in both the incorporated and unincorporated areas of the County; provided that any provision of this ordinance in conflict with a municipal ordinance shall not be effective within that municipality to the extent of such conflict. Section 6 — Enforcement. The Brevard County Sheriffs Office and all municipal police departments within may enforce the provisions of this ordinance within their respective jurisdictions. Section 7 — Severability. If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this Ordinance. W Section 8 — Codification. The provisions of this Ordinance shall be codified as and become and be made a part of the Brevard County Code. The Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance" or similar words, may be changed to "Section", "Article", or other appropriate word. Section 9 — Effective Date. This Ordinance shall become effective upon receipt of official acknowledgment by the Clerk of the Board of County Commissioners from the Department of the State that this Ordinance has been filed with the Department of State. DONE, ORDERED AND ADOPTED in Regular Session, this _ day of 52006. Attest: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Scott Ellis, Clerk Helen Voltz, Chair (S E A L) As approved by the Board of County Commissioners on 10 Printer -friendly article page February 13, 2006 Sex offender law may get tougher BY KATE BRENNAN FLORIDA TODAY Pagel of 2 Florida school districts are still struggling to comply with the 9 -month-old Jessica Lunsford Act, which calls for fingerprinting thousands of people to protect children from sex offenders. Part of the problem is money; the other part of the problem is knowing exactly who needs to be fingerprinted to meet the law's requirements. As the 2006 legislative session approaches, many districts, including Brevard Public Schools, are looking to lawmakers for guidance. "The act itself has a lot of ambiguity and as such it has placed a tremendous burden on districts to define exactly how they're going to implement the mandates of the act," said Andrea Alford, district security director. Aimed at keeping closer tabs on sexual offenders, the law requires school districts to fingerprint and run state and federal background checks on contract employees who work at schools when children are present. Contract employees are people who provide a service to the district, like class photographers, construction workers and referees, but aren't considered district employees. For Brevard, that means screening as many as 27,000 additional people this year. The district already fingerprints about 10,000 employees and 30,000 volunteers every five years. The additional cost could be daunting. In passing the law, state legislators didn't offer any additional money to pay for fingerprinting. Currently in Brevard, new employees pay the full $61 cost, volunteers are given a $5 discount, and the district pays the fee for returning employees. The provision also lacks clear guidelines on what offenses disqualify contract workers from being on school campuses, what time frame districts have to complete the screenings, and how districts should pay for buying new fingerprinting equipment and hiring new employees to operate it. At least three bills are in the works to clarify the law and streamline the screening process. In the meantime, districts have come up with their own plans. In Brevard, district officials focused first on getting signed letters, and not fingerprints, from its contractors verifying that their employees are not listed on the state's sexual offender or predator registry. They've created a database of contractual employees and randomly checked the signed letters with state records. So far, they haven't found problems, Alford said. To date, the district has fingerprinted "hundreds" of contractual employees who have direct contact with students, Alford said, including reading coaches and athletic officials. It has disqualified fewer than five. It is waiting, however, before fingerprinting more. http://www.flatoday.com/appslpbes.dll/article?AID=1200602131NEW S01 /602130318/ 10... 02/13/2006 Printer -friendly article page Page 2 of 2 "As soon as the Legislature mandates that the Level 2 fingerprinting is what's required, Brevard will immediately take action," Alford said. "We have an action plan to immediately fingerprint contractors." But Rep. Bob Allen, R -Merritt Island, said districts should act now. He is co -sponsoring a bill to stiffen punishments for sexual offenders and create a statewide clearinghouse for background screening. "They need to be obeying the law," he said. "The law is that they're supposed to be doing (fingerprinting) to protect children. The implementation needs to be refined, but the law is in place." Alford agrees the law needs to be followed, but she said there's more to it than scanning prints into a machine. "Every school district wants to implement fully this law, but it's not just fingerprinting an individual," she said. "You have to process the paperwork, make sure you've identified the specific person you're dealing with, receive the criminal history back, review it, be able to interpret it and understand what it means. "It's a very time-consuming, very arduous and a very important task." Alford said the district's fingerprinting "action plan" involves an outside company but wouldn't comment further. "Our focus is to make sure that we keep our kids safe and to make sure that we're in compliance with the law," she said. "Ideally, we'd like to know who every person is that steps onto our campus and have a background check on each of them." Contact Brennan at 242-3722 or kbrennan.0fiatoday..net http://www. flatoday. com/apps/pbcs. dll/article?AID=1200602131NEW S01 /60213 0318/ 10... 02/13/2006 Meeting Type: Regular Meeting Date: 02-21-06 AGENDA Heading Discussion Item 12 No. the City at cost, plus what they have put into the development of this lot. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CONSIDERATION OF AN OFFER TO SELL THE CITY LOT 3 (HARBOR HEIGHTS WEST SUBDIVISION) DEPT/DIVISION: BOARD OF ADJUSTMENT Requested Action: City Council discuss an offer to sell to the City Lot 3, Harbor Heights West Subdivision, by John Johanson, representing Triple J Investments, LLC. Summary Explanation & Background: At the 02-13-06 Board of Adjustment meeting, there was considerable discussion of a C -1/R-2 Special Exception request for this subject property. During the discussion, the property owner indicated that they would sell this lot to the City at cost, plus what they have put into the development of this lot. The board of Adjustment postponed this item until March 13, 2006 so that the City can evaluate whether or not to pursue the offer. Discussion item only. Please advise. Exhibits Attached: Drawing; Board of Adjustment Memo City Manager's !_ Department BOARD OF ADJUSTMENT cape-nt\kim\mydocuments\admin\council\meeting\2006\02-21-06\harborhts.doc R City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary to the Board of Adjustment Re: Postponement of Decision Special Exception Request #05-15 Sea Shell Cay North Lot 3, Harbor Heights West Subdivision At the Board of Adjustment meeting held on February 13, 2006, The Board unanimously voted to postpone Special Exception Request No. 05-15, until March 13, 2006, because next week the Petitioner will make a written offer to sell the property to the City. (The Petitioner noted that the offer would allow the City 20 days to reply.) The postponement was made to give the City time to consider pursuing the offer. 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 From: Hoily Myers To: Susan Chapman Date: 9/3/2002 Time: 4:13:20 Pb1 Page 2 of 2 ci• t ag �r �uF$ $ ,Y@f��'{{#� I.l�t -.,- ,.�y_5, _I`b ''•�\ eg yds N-:�U>,� � Q y3� ����pb � U '•�! ���>Ez A { -�$ `•� 9� \` Al I��a�� �. NZ , yyp Ly} j} ja y y. p t G–'I o �a S it �F k QN g to S CL 3 F Lill X-; U a 341e1141!1111,111 k F- W 3 £ g '4 ti'vNg.Z }�>VS... }gaa�4 g�P�r.43E Ix awa235 R�,Y5 g�f kL gR �%rb. 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