HomeMy WebLinkAboutPacket 02-07-2006 RegularCITY OF
CAPE CANAVERAL
City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 7, 2006
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA -
1 .
GENDA:
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.
CONSIDERATIONS:
5. Motion to Approve: Interlocal Agreement with the City of Cocoa Beach to
Share a Brevard County Metropolitan Planning Organization Seat.
6. Motion to Approve: Amendments to the Collective Bargaining Agreement
with the International Union of Operating Engineers Local 673(AFL-CIO)
7. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell
Cay Townhomes, Sea Shell Lane, Harbor Heights.
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 7, 2006
Page 2of2
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.
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: Villa Campania, R.K. Engineering, Applicant.
Five (5) Residential Units Located on Holman Road.
DISCUSSION:
11. North Atlantic Avenue and Central Boulevard Intersection Improvements.
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, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Consent
Item
2
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2006-06, APPOINTING AN ALTERNATE MEMBER TO THE
PLANNING & ZONING BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2006-06, appointing John Johanson as an alternate member of
the Planning & Zoning Board.
Summary Explanation & Background:
The Planning & Zoning Board recommended this appointment at their 01-11-2006 meeting.
Tenn will expire on 09-15-2009.
Exhibits Attached:
Resolution No. 2006-06, P&Z memo, application
City Manager' ffice
Department LEGISLATIVE
cap m\mydo ment min\counci ng\2006\02-07-06\2006-06.doc
RESOLUTION NO. 2006-06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND
ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Section 58-26 has created a Board known as the Planning and Zoning Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint an Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. John Johanson is hereby appointed as an Alternate Member of the
Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on
September 15, 2009.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day
of February 2006.
ATTEST:
Rocky Randels, MAYOR
Jim Morgan
Susan Stills, CITY CLERK Leo Nicholas
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
FOR AGAINST
;ity of Cape Canaveral
- __j .-._..ager
Susan Stills, City Clerk
From- Bea McNeely, Chairperson, Planning & Zoning Board
Re- Recommendation to City Council Regarding Appointment of a
1 st Alternate Board Member
John Johanson
The Planning & Zoning Board interviewed applicant John Johanson to fill the 1st
alternate Board member opening at the meeting held on January 11, 2006.
The Board unanimously recommended that City Council appoint John Johanson
as the 1 st Alternate.
Please schedule this member appointment on an upcoming meeting agenda.
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
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: C b, e- r1 'S 6.•�
2. Home Address: 310 68--i ✓L -..r g4 -f. e- C C=-. L a e
3. Home Telephone: 7
4. Occupation: f rg ce ,r
5. Business Telephone:
6. Business Address:
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County?
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
3b.
4a
4b
If yes to 3a, have your civil rights been restored?
Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
If yes to 4a, please list each:
mf (N)
(Y) /� (N)
(Y)(N L
m (N)
(Y)(N)
3;29�0
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent '_r'
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check �/
performed on you by the City of Cape Canaveral? m (N)
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage? m (N) X
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. Briefly state any prior experiences in serving on any governmental board or committee.-
3.
ommittee:3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee:
�1 ori d•t fF��•�`r b d'P3'�E.-�•�..` � ���-�a-�<
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
a.
Beautification Board
b. J
Board of Adjustment*
C.
Business and Cultural Development Board
d.
Code Enforcement Board*
e.
Community Appearance Board*
f.
Construction Board of Adjustment and Appeals*
g.
Library Board
h.
Planning and Zoning Board*
i.
Recreation Board
Other:
*Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year
following the initial appointment while still a member of said board.
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE
GENDER
African-American
Male
Asian -American
Female
Hispanic -American
Not Known
Native American
Caucasian
DISABILITY
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
Your application will remain effective for one year from the date of completion.
If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at (321) 868-1221.
Signature:
Date: f( D C - c_ X40 :s -
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Consent
Item
3
No.
$52,418.00.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: COOPERATIVE PURCHASE OF A CATERPILLAR 416D BACK -HOE
LOADER IN THE AMOUNT OF $52,418.00
DEPT/DIVISION: PUBLIC WORKS/WWTP
Requested Action:
City Council consider the cooperative purchase of a Caterpillar 416D Back -Hoe Loader in the amount of
$52,418.00 by the public works director.
Summary Explanation & Background:
State Bid # 11-760-001-P.
The total purchase price is $60,418.00 less the trade-in on the 1991 back -hoe of $8,000 for a net purchase total of
$52,418.00.
See attached memo from the public works director.
This is a budgeted item.
I recommend approval.
Exhibits Attached:
Public works director's memo dated 01-23-06
City Manage,�!s-Qffice �,
Department PUBLIC WORKS/WWTP
cap
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski a
Public Works Director
DATE: January 23, 2006
SUBJECT: City Council Agenda Item for February 7, 2006
Cooperative Purchase for Backhoe Replacement
The Public Works Department has budgeted for the replacement of the City's 1991
Backhoe Asset Number 2107 in the amount of $60,000. Funds are divided between the Sewer
Enterprise and Street General Tund, 75% 15%, respectively. The City's backhoe equipment is 15
years old and the cost of maintenance has been increasing.
The Public Works Department has made an extensive search of governmental contracts
for backhoes and found that Ring Power supplied the best available price. In addition, needed
attachments are available such as forks and a loader rack. These additional items are an asset to
the Public Works Department's operations.
Requesting a Cooperative Purchase of a backhoe replacement under the State Contract,
Bid NO 760-001-06-1, awarded to Ring Power. The Assistant Public Works Director, Walter
Bandish, contacted Ring Power and the firm stated that they would honor the cooperative
purchase. This Cooperative Purchasing is in accordance with City of Cape Canaveral's
Purchasing Policy 9.6.
Attached is an itemized price list of options totaling to $60,418.00. Ring Power has made
the offer of $8,000 for the trade-in value of the City of Cape Canaveral Backhoe. Florida State
Statutes, Chapter 274.04 Tangible Personal Property Owned by Local Government and in the
best interests of the City, allows the exchange of property with the seller as a trade-in and apply
the exchange allowance to the cost of the property acquired. Hence, the reduced purchase price
for the cooperative purchase with trade-in is $52,418.00.
Recommend the approval of the State Contract cooperative purchase of a Backhoe with
trade-in from Ring Power in the amount of $52,418.00.
Attachment
CC: File
a
f.
416D CA
y
Backhoe Loader
c
5�
f' 7
b
+
_. ..�
♦ ` M
t
i
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�e I
i
aC s
4'AoTK
"N!, ^
Engine Operating Weight
Engine Model Cat' 30540 DINA Nominal 6900 kg 15,257 Ib
Gross Power (SAE J1995) 58 kW 78 hp Maximum 9880 kg 21,605 lb
Net Power (SAE J1349) 55 kW 74 hp Backhoe
Engine Mode! (Optional) Cat 3054C DIT Dig Depth Standard 4390 mm 141t 5 in
Gross Power (SAE J1995) 63 kW 85 hp Dig Depth Extended 5510 mm 18 h 1 in
Net Power (SAE J1349) 60 kW 80 hp
U1!i:1%LUU0 i:1: Dn r:AA I.J;: 5i SUU! XIINGFUWhE FALtii BAI 10003
Brooksville
Daytona Beach
Gainesville
Jacksonville
Lake City
352-796-Q78
386-()47-3362.
362.371-9983
9D4-737-77'30
388.7553997
Mulberry
Ocala
Orlando
Palm gay
Perry
863-425-4951
352-732-2800
407-855-8155
321-952-$001
850.584-2600
Pompano Usch
Sarasota
Tallahasset
Tampa
Tarpon Springs
$54977-5010
941-753.7636
850-562-2121
813.6713700
727-939.1515
MACHINE SPECIFICATIONS
Machine ED: Serial: SMV:
Description
Ref. No.
416D BACKROE LOADER ST 2WS
214-6885
S11CK, STANOARD
2384780
HYDRAULICS, SH, 4 FUNCTION
214-7000
CONTROLS, BACKHOE, STANDARD
164-1400
ENGINE, 75 H.P. EN051ON N.A.
214-6890
BOPS, CANOPY
239-5558
CON"IROL, 2WD, STD 514IFT,CANOPY
214.6955
GAUGE PANEL. STATIONARY
202-5812
COOLER, STANDARD
234-7836
LIGHTS, WORK, AUXILIA17Y (4)
241.0097
BELT, SEAT, 2" SUSPENSION
190-8918
BUCKET, 1.0 CYD GP
251-1780
HYDRAULICS, LOADER, GP
186.5331
COUNTERWEIGHT, 780LBS
106-5880
STABILIZER. PADS, GROUSER TYPE
116-4942
MANUALS, LNGLIS14
OP -0572
TMS, 2WD BLAS
238-0297
BUCKET, 24" 6.2 CFT HD
219-3387
DOMESTIC TRUCK
OP -0210
ENGINE. 81 H.P. EMISSION TURBO
2146891
CAB, UTILITY PLUS W/AC
2395562
TOTAL PRICE BEFORE OPTIONS
$ 42,212_
CONTRACT 0P7!0N5
DELETE CABIAIR - -
($6,OtiO)
ADD CANOPY W/WLNDSHIELD AND WIPERS 239-5:59
$ 9=0
ADD E -STICK 238-4783
$3+595
ADD 5 FUNCTION HYDRAULICS 214-7001
5545
ADD MULTI PURPOSE HYDRAULICS 3"-0. VALVE 186-5333
$910
ADD FLIP STABILIZER PATS 1333362
$1,145
ADD ROTATING BEACON, MAGNECTIC MOUNT 104-9502
Sig -/
DELETE STANDARD LOADER BUCKET 251-1780
S-1,862
ADD 1.25 IT GENERAL PURPOSE BUCKET
$ 2,171
ADD IT QUICK COUPLER 240-7863
$ 2,956
ADD COUPLER SUPPLY GROUP 240-7864
$1,099
ADD CONNECTOR LINES 201-5562
5 85
ADD FORK CARRIAGE 641'-8832
$1,833
ADD 53" FORA„() QC
$577
ADD LOADER RAKE W,'TOP CLAMP 230-5856
$14,211
ADD 4 WHEEL DRIVE
$7,230
DELETE 21X7) BIAS TIRES
($2,+1-10)
ADD 4Vtrf) BIAS TIRES
S3,140
DELETE STD 78aLB COUNTER WEIGHT
($1,035)
ADD 1010 LB COUNTER WEIGHT
$1,380
SIJR-TOTAL OF ALL OPTIONS
$31,059
STATE CONTRACT DISCOUNT 41.4%
- 1.2.563
TOTAL FOR CONTRACT OPTIONS
X18+206
Less Trade: 1991 CASE 580, JJG0163299 ($8000)
—OUOTE GRAND TOTAL S.52,43.8
vim. +v. rvvv ra.c..i +n -i i�.iv JLvva•I ril.iYxCVIl LIC I":iLltl DAL
io 0U
- ar4046vil1e
Daytona Beach
Gai0es0le
Jacksorvitle
Lake City
I 352-786-4976
38"47-3383
352-371-995
954-737-7730
386-i55-3597
Mulberry
Ocala
Orlando
1 ulon ®ay
Parry
663-4255-4951
352-732-2900
407-855-8195
321-952-3001
850584-2800
Pompano Beach
Sarasota
Tattahassea
Tampa
Tarpon Springs
854-r977-5010
941-753-7585
$SO- 2-2121
813-671-3700
727-938.1515
MR. WALTER BANDISH
CITY OF CAPE CANAVERAL
105 POLK AVE.
CAPE CANAVERAL, FL 32920
(1) CATERPILLAR 416D BACK -ROE LOADER
STATE BID 411-760-001-P
STANDARD MACHINE
BACKHOE
14"5" Center pivot excavator style
backhoe with 2 -laver control
Pilot operated stabilizer controls
Boom transport lock
Swing transport kick
Street type stabilizer pads
Stick, extendibit
ELECTRICAL
12 volt eloetxical start
90 ampere alternator
Born, Backup alarm
guard flashetslturn signals
Halogen tread lighU (4)
Halogen rear flood lights (4)
Stop and tail lights
Audible system forth alarm
Key start/stop system
700 CCA mtuntmanco free battery
External Power Receptacle
LOATHER
Bucket level indicator
Lift cylinder brae and return -to -dig
(Automatic Bucket Positioner)
Self -leveling loader with single letit-r control
Transmiuidn ttoutraiizer switch
Single Tilt Loader
1.25 Cyd GP bucket w/ BOCE
OPERATOR ENVIRONMENT
Lighted gauge group
Interior rearview mirror
RM finders
BOPS canopy
Retractable seat bolt
Hand and fast throttle
Floor mat, Coat hook
Air suspension seat
1/9/2006
RE ►JSED
POWERTRAIN
Cat 3054 60 H.P. diesel engine, turbo
Water separator
Thermal &tatting aid system
Radial sew air cleaner with integral
pre -cleaner and filter condition indicator
Hydraulically applied multi -plate wet
disk brake with dual pedals and interlock
Differential lock
Drivcline parking brake
Torque converter
Transmission--frnu speed synchro mesh
with power shuttle and neutral safety switch
Spin -on Orel, engine oli, and
tr40smi5si00 ail 5)11
OTBER STANDARD EQUIPMENT
Hydrostatic power steering
Tool box
Transport tie -down points
Ground lisle fill fuel tank with 34 gallon capacity.
Bumper
CD-ROM Parts Manual
Backhoe Safety Manual
Operwoas acrd Maintenance Mandol
All wheel drive, 4WD Bias tires
2,4" Rear Bucket
1250 IN countemolght
T-1XIlRAULICS
Load sensing, variable flaw system
with 37 Spm axial piston pump
5 mierod spin -on hydraulic filter
0 -ring face seat hydraulic fittings
Caterpillar XT -3 hose
Hydraulic oil cooler
5 Function hydrauitics
ANIT R.E1rZ1;
Extended Life Coolant -37C (-20F)
CITY OF CAPE CANAVERAL
2005-06 FISCAL YEAR BUDGET
SEWER ENTERPRISE FUND - WWTP
401-10-535.
DETAILED JUSTIFICATION
5270 GENERAL SUPPLIES
1 5400 MEMBERSHIPS & TRAINING
0
n
n
1
C
1
1
CAPITAL EXPENSES:
PAPER, CLEANING AND OFFICE SUPPLY PRODUCTS.
FW & PCOA ANNUAL MEMBERSHIP; FSEA ANNUAL
MEMBERSHIP: BOOKS AND INSTRUCTION MANUALS;
SUBSCRIPTIONS; REGISTRATION FEES FOR SCHOOL AND
SEMINARS.
6400 CAPITAL EQUIPMENT: VEHICLE REPLACEMENT $
25,000
BACKHOE REPLACEMENT (75%)
45,000
REBUILD WWTP BAR SCREEN
15,000
SECURITY CAMERAS
12,000
SPECTROPHOTOMETER
10,000
TECHNOLOGY IMPROVEMENTS
4,000
BELT PRESS TOUCH SCREEN
9,000
INFLOW FLOW METER
6,000
CONVERT SO2 TO Bi -SULFITE SYSTEM
3,500
TRANSDUCER
3,000
TURBIDITY METER
3,500
REPLACEMENT PLANT MOTORS
1,800
CHART RECORDERS
2,500
OFFICE FURNITURE
2,500
SLUDGE BLOWER
5,300
RE -AERATION BLOWERS
2,500
$
123,1(10
82
6+9
CITY OF CAPE CANAVERAL
2005-06 FISCAL YEAR BUDGET
GENERALFUND- STREET
001 -7 -541. -
CODE I DESCRIPTION I DETAILED JUSTIFICATION
4610 BUILDING & GROUNDS REPAIRS AND MAINTENANCE TO THE CITY BUILDINGS AND
MAINTENANCE GROUNDS. THESE INCLUDE CITY HALL, THE ANNEX,
m 4 � ��� � � � � � q's � � �• .moi `" -' ,'tea f� �� �'°'^` � I:'�� �i Ku �g �- � ' - �''�
r::3q �n.� `y��.,�' � ::_zp
� ,.#£-.�.4.'1i.�i�.: t�.� R—ox*r:c$�
PAC n� �+�,, !1� �,�' c.�trlla'��� F a�":� r� �'? 1* ,.
5400 MEMBERSHIPS & TRAINING REGISTRATION FEES FOR VOCATIONAL SEMINAR AND
TRAINING/RESOURCE MANUALS FOR EMPLOYEES.
CAPITAL EXPENSES:
6400 MACHINERY & EQUIPMENT REPLACEMENT BUCKET TRUCK (USED) $ 60,000
25% OF REPLACEMENT BACKHOE 15,001)
NEW TECHNOLOGY 2,001)_
EQUIPMENT TOTAL $ 77,001)
0
1 33
Compare Specification Display
Page 1 of 1
31OG LOADER BACKHOE
Compare
MANUFACTURER
John Deere
Caterpillar `,
Case
MODEL
31OG
416D
580 Super M Series 2
DATE OF SPECIFICATION
Apr -04
\ �Mar-04
Jan -05
ENGINE
\ /'
Net Power hp (kW) @
70 (52) @ 2300
74 (55) @ 2200
90 (67) @ 2200
Rated rpm
# Cylinders and
4 - 276 (4.5)
4-269 (4.4)
4 - 274 (4.5)
Displacement cu in. (L)
TRANSMISSION
Synchromesh / Power
Synchromesh / Power
Synchromesh / Power
Type
shuttle
shuttle
shuttle
Speed Ranges F/R
4 x 4
4 x 4
4 x 4
BRAKES
Type
Wet multiple disc
Wet multiple disc
Oil (wet) disc
BACKHOE, Fixed Length
Dipperstick
Max. Digging Depth, ft &
14' 3" (4340)
14' 5" (4390)
14' 5" (4390)
in. (mm)
Reach from Swing Center,
17' 10" (5440)
18' 6" (5640)
18' 1" (5510)
ft & in. (mm)
Truck Loading Height, ft &
10' 11" (3330)
11' 10" (3610)
11' 2" (3400)
in. (mm)
Digging Force Crowd, Ib
7,006 (31.2)
7,841 (34.9)
8,224 (36.6)
(kN)
Bucket, Power Dig, Ib (kN)
11,106 (49.4)
11,702 (52.1)
12,821 (57.0)
Boom Lift Cap. @ Ground
2,545 (1154)
2,435 (1105)
2,775 (1259)
Level, Ib (kg)
EXTENDABLE
DIPPERSTICK
Amount of Extension, ft
3' 6"
3' 5"
3' 5"
(m)
LOADER
SAE Heaped Capacity, cu
1.00 (0.77)
1.0 (0.77)
1.03 (0.79)
yd (cu m)
Breakout Force, Ib (kN)
8,100 (36.0)
8,980 (39.9)
9,480 (42.2)
Dump Clearance @ 45
8- 10" (2690)
8' 7" (2620)
8' 10" (2690)
deg., ft & in. (mm)
DIMENSIONS
Transport Height ft & in.
11' 3" (3430)
11' 9" (3580)
10' 10" (3300)
(mm)
Transport Length ft & in.
23' 3" (7090)
22' 10" (6960)
22' 10" (6960)
(mm)
Transport Width ft & in.
7' 2" (2180)
7' 9" (2360)
7' 2" (2180)
(mm)
OPERATING WEIGHT, Ib
12,800 (5806)
15,257 (6921)
14,285 (6480 )
(kg) 2WD,ROPS
Specifications are based on published
information at the
time of publication. Specifications
are subject to
change without notice.
12/13/2005
http://www.deere.com/specsapp/servlet/com.deere.u90785.specscompare.view. servlets. S... 12/13/2005
416D Backhoe Loader
Standard Duty Buckets
Heavy Duty Buckets
With weld -on adapters and pin -on teeth.
With weld -on
adapters and pin -on teeth.
Width Capacities SAE Weight
No. of
Width
Capacities SAE
Weight
No. of
(mm/in) (liters/ft') (kg/Ib)
Teeth
(min/in)
(liters/ft')
(kg/lb)
Teeth
305/12 78/2.8 97/213
3
305/12
78/2.8
105/231
3
457/18 118/4.2 115/253
4
406/16
105/3.7
127/279
3
610/24 175/6.2 132/290
5
457/18
118/4.2
129/284
4
762/30 233/8.2 147/323
5
610/24
175/6.2
151/332
5
914/36 292/10.3 165/363
6
762/30
233/8.2
167/367
5
914/36
292/10.3
189/416
6
High Capacity Buckets
Heavy Duty Rock Buckets
With weld -on adapters and pin -on teeth.
With weld -on
adapters and pin -on teeth.
Width Capacities SAE Weight
No. of
Width
Capacities SAE
Weight
No. of
(mill/in) (liters/ft') (kg/lb)
Teeth
(mm/in)
(liters/ft')
(kg/lb)
Teeth
457/18 180/6.4 146/321
4
305/12
70/2.5
120/265
3
610/24 240/8.5 171/376
5
457/18
127/4.5
150/331
4
762/30 320/11.3 195/429
5
610/24
198/7.0
175/386
5
914/36 380/13.4 214/471
6
762/30
255/9.5
195/430
5
914/36
311/11.5
210/463
6
Counterweights
Minimum Counterweight Recommendations — Standard Stick
Loader Bucket Power Train
kg
lb
GP 2WD
355
780
GP AWD
250
550
MP 2WD/AWD
bumper
bumper
MP with fold -over forks 2WD/AWD
bumper
bumper
Minimum Counterweight Recommendations — Extendible Stick
Loader Bucket Power Train
kg
lb
GP 2WD
570
1,250
GP AWD
570
1,250
MP 2WD
250
550
MP AWD
145
320
MP with fold -over forks 2WD
bumper
bumper
MP with fold -over forks AWD
bumper
bumper
Total gross vehicle weight not to exceed 9800 kg/21,605 Ib
416D Backhoe Loader
Tires
Tubeless, nylon, loader -design
tires.
Ply
Type
Size
Rating
2WD Bias
Front
I IL x 16
12
Rear
19.5 x 24
10
4WD Bias
Front
12.5/80 x t8
10
Rear
19.5 x 24
10
4WD Radial
Front
340/80 x R 18
radial
Rear
19.5 x 24
radial
4WD Combination
Front
340/80 x R18
radial
Rear
19.5 x 24
10
416D Backhoe Loader
Machine Dimensions
General Purpose
(0.76 m'/1.0 yd')
Single -Tilt Loader
General Purpose
(0.96 m'/1.25 yd')
Multi Purpose
(0.96 m'/1.25 yd')
(1)
Overall transport length
6949 mm/22 ft 10 in
7019 mm/23 ft 0 in
6974 mm/22 ft I 1 in
Overall length
(loader on ground)
6929 mm/22 ft 9 in
6999 mm/23 ft 0 in
6954 mm/22 ft 10 in
(2)
Overall transport height
(standard stick)
3585 mni/I 1 ft 9 in
3585 mm/I I ft 9 in
3585 mm/I I ft 9 in
Overall transport height
(extendible stick)
3590 mm/1 I ft 9 in
3590 mm/I I ft 9 in
3590 mm/11 ft 9 in
Overall width
2352 mm/7 ft 9 in
2352 mm/7 ft 9 in
2352 mm/7 ft 9 in
(3)
Height to top
of cab/canopy
2770 mm/9 ft 1 in
2770 mm/9 ft 1 in
2770 mm/9 ft I in
(4)
Height to top
of exhaust stack
2670 mm/8 ft 9 in
2670 mm/8 ft 9 in
2670 mm/8 ft 9 in
Height to loader
hinge pin (transport)
510 mm/I ft 8 in
510 mm/I ft 8 in
510 mm/1 ft 8 in
Ground clearance
(minimum)
297 nim/1 ft 0 in
297 mm/I ft 0 in
297 mm/1 ft 0 in
(5)
Rear axle centerline
to front grill
2660 mm/8 ft 9 in
2660 mm/8 ft 9 in
2660 mm/8 ft 9 in
Front wheel tread gauge
1871 mm/6 ft 2 in
1871 mm/6 ft 2 in
1871 mm/6 ft 2 in
Rear wheel tread gauge
1714 mm/5 ft 8 in
1714 mm/5 ft 8 in
1714 mm/5 ft 8 in
(6)
Wheelbase
2WD/AWD
2100 mm/6 ft 1 l in
2100 mm/6 ft I l in
2100 mm/6 ft 1 I in
Loader Bucket Dimensions and Performance
General Purpose
(0.76 m'/1.0 yd')
Single -Tilt Loader
General Purpose
(0.96 m'/1.25 yd')
Multi Purpose
(0.96 m'/1.25 yd')
Capacity (SAE) rated
0.76 m'/ I.0 yd'
0.96 m'/ 1.25 yd'
0.96 m`/1.25 yd'
Width
2262 mm/7 ft 5 in
2262 mm/7 ft 5 in
2262 mm/7 ft 5 in
Lift capacity
at maximum height
2473 kg/5,453 lb
2400 kg/5,292 lb
2240 kg/4,938 lb
Breakout force
40.0 kN/8,980 lb
37.9 kN/8,524 lb
37.5 kN/8,429 lb
(7)
Maximum hinge pin height
3266 mm/10 ft 9 in
3266 mm/10 ft 9 in
3266 mm/10 ft 9 in
(8)
Dump angle at full height
43°
43°
430
Dump height at maximum angle
2621 mm/8 ft 7 in
2544 mm/8 ft 4 in
2609 mm/8 ft 7 in
(9)
Dump reach at maximum angle
753 mm/2 ft 6 in
835 mm/2 ft 9 in
721 mm/2 ft 4 in
(10)
Maximum bucket rollback
at ground level
40°
40°
400
(11)
Digging depth
135 mm/5 in
135 mm/5 in
166 mm/6 in
Maximum grading angle
110°
1060
110°
Width of dozer cutting edge
N/A
N/A
2406 mm/7 ft l 1 in
(12)
Grill to bucket cutting edge,
carry position
1474 mm/4 ft 10 in
1548 mm/5 ft I in
1501 mm/4 ft 11 in
(13)
Maximum operating height
3996 mm/13 ft I in
4146 mm/13 ft 7 in
4174 mm/13 ft 8 in
Jaw opening maximum
N/A
N/A
790 mm/2 ft 7 in
Bucketjaw clamping force
N/A
N/A
50.6 kN/I 1.385 lb
Weight (does not include
teeth or forks)
380 kg/838 lb
428 kg/944 lb
659 kg/1,453 lb
416D Backhoe Loader
Backhoe Dimensions and Performance
Extendible Stick Extendible Stick
Standard Stick Retracted Extended
(14) Digging depth, SAE (max) 4390 mm/14 ft 5 in 4465 tnm/14 ft 8 in 5510 mm/18 ft 1 in
(15) Digging depth, 2 ft flat bottom 4362 mm/l4 ft 4 in 4432 mm/14 ft 7 in 5474 mm/l8 ft 0 in
Reach from rear axle centerline
at ground line 6740 mm/22 ft 1 in 6795 mm/22 ft 4 in 7765 mm/25 ft 6 in
(16) Reach from swing pivot
at ground line 5650 min/ IS ft 6 in 5705 mm/18 ft 9 in 6675 mm/21 ft l l in
Maximum operating height 5450 mm/ 17 ft 11 in 5470 mm/17 ft I I in 6140 mm/20 ft 2 in
Loading height 3613 mm/11 ft 10 in 3630 mm/1 I ft I1 in 4175 mm/ 13 ft 8 in
(17) Loading reach 1732 mm/5 ft 8 in 1819 mm/6 ft 0 in 2736 mm/9 ft 0 in
Swing arc 1800 1800 1800
Bucket rotation 2050 2050 2050
(18) Stabilizer spread, operating position
(center of pad) 3219 mm/ 10 ft 7 in 3219 mm/ 10 ft 7 in 3219 mm/10 ft 7 in
(19) Stabilizer spread, operating position
(outside edge of pad) 3689 mm/12 ft I in 3689 mm/12 ft l in 3689 mm/12 ft I in
Stabilizer spread, transport position 2352 mm/7 ft 9 in 2352 mm/7 ft 9 in 2352 mnn/7 ft 9 in
Bucket dig force 52.0 kN/11,702 lb 51.6 kN/l 1,599 lb 51.6 kN/l1,599 Ib
Stick dig force 34.9 kN/7,841 lb 34.2 kN/7,693 lb 25.2 kN/5,661 lb
Single -Tilt Loader
r
j 3
dry S 4
of
�_— 5
1
Dimensions and performance
specifications shown are for
machines equipped with
11L x 16 (10 PR) front tires,
19.5 x 24 00 PR) rear tires,
BOPS canopy, standard stick
with 24 -inch standard -duty
bucket, and 1.0 yd' loader
bucket and standard
equipment unless otherwise
specified.
14 15
6 ---� 11
416D Backhoe Loader
Backhoe Lift Capacity
KEY
A— Boom lift kg Ib
B — Stick lift kg Ib
Cat 416D Standard Stick
FEET METERS
■■■■■■■■■■■■■■
■■■■■■■■■■■■■■
■■■■■■■rO■■■■■
■■■■■ "
.■■■■■
MMM
■■
■■ �■�
, .: ■ ,
■
■ 1■■U■■■!`:
■■ \■■■■■■■■■
■■ 1■a■■■■■■■
■■ M■■■■■■■■
■■■ ,,\■■■■■■■
■■■■
`\■■■■■■
■■■■■
■■■■■■■■■■■■■■
■■■■■■■■■■■■■■
■■■■■■■■■■■■■■
`■■■■■
FEET 22 20 18 16 14 12 10 8 6 4 2 0 -2
METERS 6 5 4 3 2 1 0 -1
Cat 416D Extendible Stick — Retracted
zz
20
6
18
16 5
14
12 4
10
3
6 2
4
2
0 0
-4 -1
-8 2
-10 3
12
-4
14
-16 5
18
Cat 416D Extendible Stick — Extended
FEET METERS FEET METERS
2
0
6
8
6 5
4
4
2
0
3
2
1
0
1 1
-2
3
10 3
12
-4
14
15 5
IA
22
20
6
18
16 5
14
4
12
10
3
8
6 2
4
1
2
0 0
-2
-4 -1
-6 2
-8
-10 3
-12
4
-14
6 5
-18
FEET 22 20 18 16 14 12 10 8 6 4 2 0 -2 FEET 24 22 20 18 16 14 12 10 8 6 4 2 0 -2
METERS 6 5 4 3 2 1 0 -1 METERS 7 6 5 4 3 2
Lift capacities are over -end values. Machine equipped with 2WD, OROPS, 0.76 m' 0.0 yd') general-purpose loader bucket, 610 mm (24 in) standard duty
backhoe bucket and 355 kg (780 Ib) counterweight. Extendible stick includes 567 kg (1,250 Ib) counterweight.
416D Backhoe Loader
Optional Equipment
With approximate change in operating weight (kg/lb).
Attachments, backhoe
Mechanical Quick Coupler
D -Series Buckets ..........75/165
C-Scries buckets ..........75/165
D and Deere buckets .......75/ 165
D and Case buckets ........80/176
Attachments, front loader (single tilt)
General-purpose buckets
0.76 m'/1.0 yd' ................
0.96 m'/1.25 yd' ........52.16/1 15
Multi-purpose bucket
0.96 m'/1.25 yd' ........283.5/625
0.96 m'/1.25 yd' w/forks ..454/1000
Axle, front
All -wheel drive with
driveshaft guard .........135/298
Backhoe controls
Excavator pattern ..............4/9
Foot swing, 3 or 4 lever .......12/26
Battery, additional, 880 CCA ....27/60
Cab, Utility ................225/495
Cab, Utility Plus ..........233.6/515
Includes radio -ready headliner,
storage console, right side door,
internal and external power
receptacles, and tilt steering wheel
Cab, Utility Plus with
air conditioning ...........279/614
Canopy Plus, ROPS with
front windshield and
wiper/washer system .......13.6/30
Cat 3054C DIT engine
(optional 80 HP net) ..........5/10
1
Coolant, additional protection
(-50° C/-58° F) ...............0/0
..10/22
Counterweights
..45/99
Base ....................145/320
Stackable
One ...................105/230
Two ...................249/550
(Base + one 105/230 section)
Three .................458/1010
(Base. + two 105/230 sections)
Also available ...........567/1250
(Base + one 105/230 section
1
and one 317/700 section)
1
Cutting edge, bolt -on
Two piece ................70/154
Fenders, AWD, front ..........
12/26
Guards
AWD driveshaft ............29/64
Stabilizer, rock ..............30/65
High ambient cooling package
.....2/4
Hydraulic valves, loader
3rd valve for MP ............27/60
Hydraulic valves, backhoe
Auxiliary valve
(standard stick) .............5/11
Auxiliary valve
(extendible stick) ............5/1
1
Hydraulic lines
Auxiliary, two-way (to boom)
..10/22
Universal, one-way (to stick)
..45/99
Quick disconnects ...............2/4
Lights
Working, additional
(2 front, 2 rear) ..............3/7
Power receptacle,
12 volt, internal ..............0.2/1
Ride Control .................25/55
Rotating beacon
Fixed mounted ...............5/l
1
Magnetic mounted ............5/1
1
Stabilizers, available with guards
Street pads, rubber (set of 4) ...37/82
Reversible pads .............38/84
Stick, extendible ............245/540
Teeth, loader bucket ...........45/99
Vandalism protection
Gauge cover ..................1/2
Padlocks .....................1/2
Hood lock ...................0/0
*Included in base machine weight
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Consent
Item
4
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE BREVARD COUNTY
TRAVELING SKATE PARK
DEPT/DIVISION: PARKS & RECREATION
Requested Action:
City Council review and consider the approval of an outdoor entertainment permit for the Brevard County Traveling
Skate Park.
Summary Explanation & Background:
The skate park dates are February 9-12.
See attached memo and application.
I recommend approval.
Exhibits Attached:
Parks & Recreation Director's memo; application
City Manager's
Department PARKS & RECREATION
u=yen s\auauin\cuuncc iuuet2Llny\2006\02-0i-vo\permit.aoc
CITY OF CAPE CANAVERAL
Parks & Recreation Department
7300 North Atlantic Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1227
email: parknrec@earthlink.net
MEMO
TO: Mayor, Council Members, City Manager
FROM: Nancy Hanson, Director, Parks & Recreation Director/'
DATE: January 31, 2006
RE: Outdoor Entertainment Permit/Brevard County Traveling Skate Park
The Recreation Department has made arrangements to bring the Brevard County Traveling
Skate Park to Cape Canaveral February 9-12, 2006 I have attached an Outdoor Entertainment
Permit for your approval.
The ramps will be set up in the south Annex parking lot on the morning of the 10th, and removed
Monday a.m. on the 13''.. Hours of operation will be: Friday the I& from 3-6p.m., Saturday
the 1 lth from 11 a.m.-5:00 p.m. and Sunday the 12th from 11 a.m. to 5:00 p.m.
No one will be allowed to participate unless a parent permission form is filled out and signed
for those under the age of 18. A helmet is required, kneepads, elbow pads and wristguards are
strongly recommended.
Brevard County Parks & Recreation Department will provide the on site supervision.
02/01/2006 10:12 3216331850
PARKS & REC CENTRAL
Jan 30 OB 122111 Parks & Recreation Dept.
PAGE 03/03
221-868-1227
P.2
CM OF GAPE CANAVERAL, FLORIDA.
APPLICATION FOR SPECfAX, OU1Z?OOIR EN7=TA3NWVNT PE1< =
Date:
h t
Ilk appUcam or mpre mrad" W= to be an silo at all times unpowered will+, audio ity aver all
upeets of the evot uW empowered w = for the appUcam
Name ofons
Fenn. Manager
Address; 840 Forrest Avenue
Cocoa, Florida 32922
2'e41W=:,,
14W CoIIsaet N n r elf—. E� X1,�•��T'tW a rXs .A I,a r a n n n n f r e c t e r
Local Address Ci' dLiRceat from Abow)_L31i L..N,, A t 1.30 t. i s A y a n Ij p. r....P - 0- A ja x 32 6
Cape Canaveral, F1 !32920
'Ijrpeof$vsut Traveling Skate Park
EMt Dau(S) is Capt Ctin�avGtal: F e b r u a r rL i 0- .Z f 0 6
1AMtioa(s): Dave(s) Titan
Annex Perking Lot Feb. 10 3-6 pm
am -5 PM
12 11 am -5 pm
A.ttsch map(s) indicating event Area and designated parking sreas.
crfx2 c Control
05tteex CIosing
QQtwr
Spec*.
Ouse of Polica/Iruv Rescue Equipment
13Vehlcles/Equfptnew on Beach
QVebicle Pandas oA City Nopmy
By siemiog this appueWen, the applicant acknowledges said agrees to the following providem,
02/01/2006 10:12 3216331850 PARKS & REC CENTRAL
Jan 30 06 12:21P Perks L Recreation Dept. 321-868-1227
L
liability izatmum po�7' L tba person atagiag, PcQuwtiag Or oondwwg tM
A tdoof a public and all doling and demands made by =y petaoa or injuries
outdoor mat event agaias auY g or Wanda= of or at the outdoor
received in connect}oa xith the SaB�B. P �
mmtlnainmm cant. pRi m Wiftu Ti7mmt� of wt 1065 thtm 5300,0OO.OQ dl rty, a or or u tiD suY ane
se, ns $25,000,00 damage m propert,Y. and for not less tinea
persaa for bodily jujuq or othem Pl a8orbodzlY JmY or odierw9se plan
8500,000.00 for damages sntazrrsd or claimed by mmthan out peso shall be attechod to tivs
550.000.00 ft dmuaget m prop�Y• T1ta original or duplicate of such policy
application for a special ouedoor eatermiameac P=mt,toStstlur 9vith adcquare evideaec that the prezoiutaos
2= paid -
&09& w* of lnswa= Co: PUcY No:
i'�xpiratlon Data
jj, pMOT1ONAL eo3tiZATION
- Permittee A &adzes the City of C xemmem,10 utilize permitttt's tmme and project for public zdad"
purposes and other waft related purposes,
Im FXPEI46 Llm
Thea ees agrto paY the City, in advance, f9r any services pm9ldod by the City at the b yt ynsttal
rates an other peMis fees chat may be le to the pxodu+cdon as required bthe City
at Cqw Cao Tud.
N.�
organimti pos may seek a wa,m of azty of the oatdoer onto mWrwnt code =egWtWIMts if floe
secdom waived MOng with, the MaW s*W and WAX of those in. attendance. as v/cli w the general
Pu" Lave beat otherwise Provided for as rrqubvA by said code. List MY e=41dOw 7W wo SiD0WAS,
Any b all permit fees
Dete,�
or
App" by City
Cky Rgxes0 l*dve's Mame:
TWO:
Signataue:
Appg=ws shall 3,eP a Wu of thu aMoved Permit and attach=ms on the day of ehe 9110121 witbiathe
City of Cape CammraL
Foc l U*W izzforrm CQ% please contacr
Cky of C40 CAUAVew
Dealt C. Bowimr, City Manager
103 Polk Ammua
Cs" veraI, FL 32920
phone: (4n 868^1230
Fax: (407) 799-3170
PAGE 02/03
P-3
Februa
Cape Canaveral Parks and Recreation
On AIA, go 2 -miles north of SR 520 and turn right on Taylor Avenue
The Skate Park will be in the parking lot near Cape Canaveral's Parks and Recreation Building.
SR 520
February loll -11t" and 12th
Friday Feb 10th Saturday Feb 11th Sunday Feb 12th Next Stop
Session 3:00pm — 6:OOpm Session 1
11.00 2.00
rb ea.. ree
am — . pm
essi
Son 2
2:00pm 5:I
pm
EnvVlut r i
Session 1
11:00pm — 2:00pm
Session 2
2:00pm — 5:00pm
Lower Level Teen Ctr. Cocoa
January 21 s'— 1 pm-5pm
433-4432
Check our web site to see
where the park will be next!
www.spacecoastteens.com
All New Ramps!!!
COST: $2.00 per 3 hour Session
No Prorates
REQUIREMENTS TO SKATE:
• Skaters MUST wear a helmet to skate.
Knee pads, elbow pads, and wrist -guards are STRONGLY recommended.
• Skaters 17 & Under MUST have permission form signed by a PARENT or legal guardian to skate.
• Skaters 18 & over MUST have a permission form and PHOTO ID.
• Forms are available at the Skate Park each day OR can be downloaded from the following web site:
www.SpacECoastTEczns.com
NOTE: After park capacity has been reached (approx. 40), In -liners & Boarders will alternate with Scooters IF there are enough
scooters to warrant alternating (In-liners/Boarders skate for Y2 hour, Scooters for 15 minutes, throughout a 3 -hour
session, only as needed). This event is a Smoke -Free Environment
parks s rt'
Recreation -�
BREVARD COUMTY�
633-1874
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Considerations
Item
5
No.
A four member "North Beach Coalition Advisory Board" will be formed to advise, guide, instruct and direct the
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT WITH THE CITY OF COCOA
BEACH TO SHARE A BREVARD METROPOLITAN PLANNING ORGANIZATION
SEAT
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council review and consider approval of an interlocal agreement with the City of Cocoa Beach to share a
Brevard County Metropolitan Planning Organization seat.
Summary Explanation & Background:
If approved, a City of Cape Canaveral or Cocoa Beach elected official will serve staggered two-year terms as
prescribed in Section 2 of the agreement.
A four member "North Beach Coalition Advisory Board" will be formed to advise, guide, instruct and direct the
MPO voting delegate as outlined in Section 4 of the agreement.
The interlocal agreement will expire on 12-31-2012.
I recommend approval.
Exhibits Attached:
Gou elman's memo• terlocal Agreement
City Mana
Department LEGISLATIVE
Cape-nr\ xim \myaocumenzs \aaminwouncil \ineeLlny \/-L)Vo \Vc-U I -Uo \uiyv.uv�
LAW OFFICES
PAUL R. GOUGELMAN, III
ATTORNEY-AT-LAW
1825 Riverview Drive
Melbourne, Florida 32901
Telephone (321) 768-2001
Facsimile (321) 676-0729
January 25, 2006
Mr. Bennett Boucher, City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Mr. Charles J. Billias, City Manager
City of Cocoa Beach
P.O. Box 322430
Cocoa Beach, FL 32932-2430
Re: Draft Interlocal Agreement for
Brevard MPO Membership Agreement
Dear Messrs. Boucher and Billias:
The undersigned serves as General Counsel to the Brevard MPO. At
the direction of MPO Staff Director Bob Kamm, I have attached a draft
interlocal agreement to be entered into by both Cape Canaveral and Cocoa
Beach.
This agreement is a suggested agreement and is based on a somewhat
similar agreement between Satellite Beach, Indian Harbour Beach,
Indialantic, and Melbourne Beach, forming the South Beaches Coalition.
The Coalition, as you are aware, appoints one voting delegate to sit on
the Brevard MPO Governing Board, which consists of 19 total voting
delegates.
Please feel free to negotiate alternative provisions, given that the
enclosure is merely a suggested format. Both Bob Kamm and I will be
available to answer any questions that you may have regarding creation of
the proposed North Beaches Coalition consisting of your two respective
municipalities. Bob may be reached at 690-6890 or
Bob.Kamm@BrevardCounty.us. I may be reached during the day at 674-5816
or PGougelman@MelbourneFlorida.Org.
There are a few statutory provisions relating to MPO membership that
I would like to bring to your attention. Section 339.175(2)(a), Florida
Statutes, provides in pertinent part:
Messrs. Bennett Boucher, City Manager, and
Charles J. Billias, City Manager
January 25, 2006
Page 2
(a) The voting membership of an M.P.O. shall
consist of not fewer than 5 or more than 19
apportioned members, the exact number to be
determined on an equitable geographic -
population ratio basis by the Governor, based
on an agreement among the affected units of
general-purpose local government as required
by federal rules and regulations. The
Governor, in accordance with 23 U.S.C. s.
134, may also provide for M.P.O. members who
represent municipalities to alternate with
representatives from other municipalities
within the metropolitan planning area that do
not have members on the M.P.O. County
commission members shall compose not less
than one-third of the M.P.O. membership,
except for an M.P.O. with more than 15
members located in a county with a five -
member county commission or an M.P.O. with 19
members located in a county with no more than
6 county commissioners, in which case county
commission members may compose less than one-
third percent of the M.P.O. membership, but
all county commissioners must be members.
All voting members shall be elected officials
of general-purpose governments, except that
an M.P.O. may include, as part of its
apportioned voting members, a member of a
statutorily authorized planning board, an
official of an agency that operates or
administers a major mode of transportation,
or an official of the Florida Space
Authority. The county commission shall
compose not less than 20 percent of the
M.P.O. membership if an official of an agency
that operates or administers a major mode of
transportation has been appointed to an
M.P.O.
Section 339.15(3)(b), Florida Statutes, provides in pertinent part:
(b) Except for members who represent
municipalities on the basis of alternating
with representatives from other
municipalities that do not have members on
the M.P.O. as provided in paragraph (2)(a),
the members of an M.P.O. shall serve 4- year
Messrs. Bennett Boucher, City Manager, and
Charles J. Billias, City Manager
January 25, 2006
Page 3
terms. Members who represent municipalities
on the basis of alternating with
representatives from other municipalities
that do not have members on the M.P.O. as
provided in paragraph (2)(a) may serve terms
of up to 4 years as further provided in the
interlocal agreement described in paragraph
(1)(b). The membership of a member who is a
public official automatically terminates upon
the member's leaving his or her elective or
appointive office for any reason, or may be
terminated by a majority vote of the total
membership of a county or city governing
entity represented by the member. A vacancy
shall be filled by the original appointing
entity. A member may be reappointed for one
or more additional 4 -year terms.
After your municipalities have come to an agreement with regard to
the terms of the Agreement, please allow Bob Kamm and me a brief
opportunity to review the finished product to assure that it comports
with MPO statutes, rules, and procedures. Thereafter, we will ask that
both municipal governing bodies approve the Agreement.
Thereafter, the Agreement will be submitted to the MPO for a formal
vote to ask Governor Bush to agree to this apportionment -related issue.
Upon the Governor's acquiescence, all current members of the Brevard MPC)
and the City of Cape Canaveral will be asked to approve and execute an
amendment to the MPO's enabling Interlocal Agreement. Regrettably, this
is a time and labor intensive process, but we welcome the opportunity to
work with each of you towards bringing Cape Canaveral/Cocoa Beach joint
membership to fruition.
If you have additional comments, please don't hesitate to contact me.
Very truly yours,
P 1Go lman, III
PRG/ -
pc: Robert Kamm, Staff Director
Brevard Metropolitan Planning Organization
Brevard MPO\North Beaches Coalition.Ltl
THIS INSTRUMENT RETURN TO:
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, General Counsel
Brevard Metropolitan Planning Organization
1825 Riverview Drive
Melbourne, FL 32901
INTERLOCAL AGREEMENT WITH RESPECT TO
VOTING REPRESENTATION ON
BREVARD COUNTY METROPOLITAN PLANNING ORGANIZATION
THIS AGREEMENT is made and entered into as of the day of
2006, by and between the CITY OF COCOA BEACH, Florida,
a Florida Municipal Corporation (herein: "Cocoa Beach"), and the
CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation
(herein: "Cape Canaveral").
WITNESSETH:
WHEREAS, the Brevard County Metropolitan Planning
Organization ("BMPO") is a metropolitan planning organization
established under Section 339.175, Florida Statutes, to coordinate
transportation planning and finance throughout Brevard County;
WHEREAS, Cocoa Beach was accorded a single voting delegate
seat on the BMPO Governing Board;
WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral
to provide a methodology by which the two municipalities may share
the aforesaid single voting delegate seat on the BMPO Governing
Board;
WHEREAS, the authority to undertake sharing of a delegate
seat on the BMPO Governing Board is provided in Section
339.175(2)(a), Florida Statutes (2005), which states in pertinent
part:
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
1
(a) The voting membership of an M.P.O. shall
consist of not fewer than 5 or more than 19
apportioned members, the exact number to be
determined on an equitable geographic -
population ratio basis by the Governor, based
on an agreement among the affected units of
general-purpose local government as required
by federal rules and regulations. The
Governor, in accordance with 23 U.S.C. s.
134, may also provide for M.P.O. members who
represent municipalities to alternate with
representatives from other municipalities
within the metropolitan planning area that do
not have members on the M.P.O. . . . All
voting members shall be elected officials of
general-purpose governments, except that an
M.P.O. may include, as part of its
apportioned voting members, a member of a
statutorily authorized planning board, an
official of an agency that operates or
administers a major mode of transportation,
or an official of the Florida Space
Authority. . . .;
WHEREAS, the undersigned parties for the purposes of this
Agreement, and for the purpose of reference by the BMPO, have
designated the arrangement provided for herein to be informally
and colloquially referred to as the "North Beaches Coalition";
WHEREAS, this Agreement is entered as an interlocal agreement
pursuant to Section 163.01, Florida Statutes (2005), and is also
entered into pursuant to the home rule power of each of the
municipalities as provided in Section 166.021, Florida Statutes,
and Article VIII, Section 2, Florida Constitution of 1968;
WHEREAS, pursuant to this Agreement, the parties have
provided for an arrangement by which the voting delegate on the
BMPO Governing Board shall be rotated between Cocoa Beach and Cape
Canaveral on a scheduled basis;
WHEREAS, the parties have further agreed to establish an
organized method to provide joint instructions to their single
voting delegate to the BMPO;
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
2
WHEREAS, by its language, this Agreement shall expire on
December 31, 2012, but may be extended from time to time;
WHEREAS, this Agreement was approved on
by the Cocoa Beach City Commission; and
WHEREAS, this Agreement was approved on
by the Cape Canaveral City Council.
2006,
2006,
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, it is agreed by the Parties that:
1. Recitals. Each and all of the recitals above be and the
same are hereby incorporated herein and declared to be true and
correct.
2. Appointment of Voting Delegate. The single voting
delegate holding the North Beaches Coalition seat on the BMPO and
representing the collective interests of Cocoa Beach and Cape
Canaveral shall be designated by the governing body of each
respective municipality according to the following schedule:
Designating Party Calendar Years for Designation
Cocoa Beach 2008, 2009, 2012
Cape Canaveral 2006, 2007, 2010, 2011
In the event that any Party fails to designate the North Beaches
Coalition delegate to the BMPO at or prior to the commencement of
the two-year term for that voting delegate set forth in the
preceding table, the voting delegate designated for the immediate
prior two-year term shall continue as such voting delegate until
such time as said delegate's successor has been designated.
3. Powers and Duties of Voting Delegate. The person
designated as the voting delegate for the North Beaches Coalition
seat on the BMPO in accordance with the terms of the preceding
paragraph of this agreement need not reside within the corporate
limits of the designating municipality, but shall be an elected
official of either Cape Canaveral or Cocoa Beach. During each
two-year term set forth in herein, the voting delegate shall serve
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
3
at the pleasure of the designating municipality, which
municipality shall have the power to rescind any such designation
and to name any other elected official of one of the two
municipalities as the voting delegate for the North Beaches
Coalition.
4. Advisory Board.
(a) An advisory board (the "North Beaches Coalition
Advisory Board") consisting of four (4) members shall be appointed
to advise, guide, instruct, and direct the voting delegate for the
North Beaches Coalition. Two members of the North Beaches
Coalition Advisory Board shall be appointed by the governing body
of each of the municipalities, and at least one such member
appointed by each of the municipalities to serve on the North
Beaches Coalition Advisory Board shall be an elected official of
the municipality which he or she represents. Each member of the
North Beaches Coalition Advisory Board shall serve at the pleasure
of the governing body which appointed such member.
(b) The voting delegate for the North Beaches Coalition
seat on the BMPO designated pursuant to this Agreement shall vote
in matters before the BMPO in accordance with instructions
provided by the North Beaches Coalition Advisory Board; provided,
however, that in those cases in which the North Beaches Coalition
Advisory Board has not provided express instructions to the voting
delegate, the voting delegate shall exercise his or her best
discretion in voting for the best interests of the two
municipalities on matters before the BMPO.
(c) The member of the North Beaches Advisory Board who
represents the municipality responsible for designating the North
Beaches Coalition delegate in accordance with section 2. of this
Agreement shall serve as Chairperson of that advisory board. The
position of Chairperson shall rotate in accordance with the
schedule established in paragraph 2. hereof.
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
0
(d) The North Beaches Coalition Advisory Board shall
elect a Vice -Chairperson from among its members during the month
of December each year. The Vice -Chairperson shall serve for one
year or until his or her successor is elected, whichever event
shall later occur.
(e) The municipality which is responsible for designating
the North Beaches Coalition delegate to the BMPO shall provide
staff support for all activities incident to the performance of
this Agreement, including preparation of agenda packages,
distribution of agenda packages, advertising of meetings as
appropriate to comply with the Government -in -the -Sunshine Law,
preparation of minutes, and coordination of time and place of
meetings of the North Beaches Coalition Advisory Board. The
responsibility for such staff support shall rotate in accordance
with the schedule established in section 2. of this Agreement.
5. Alternate Voting Delegate; TAC and CAC Members.
(a) Alternate Voting Delegate. In the event that the
BMPO Governing Board permits alternate voting delegates to vote
and participate in BMPO Governing Board actions, the party to this
Agreement designating the voting delegate shall also have the
power to designate an alternate voting delegate. The alternate
voting delegated must be an elected official from either party to
this Agreement, and the alternate voting delegate shall serve at
the pleasure of the designating party.
(b) TAC and CAC Members. In the event that the BMPO
seats only one Technical Advisory Committee ("TAC") member or one
Citizens Advisory Committee ("CAC") member to represent both Cocoa
Beach and Cape Canaveral, the party to this Agreement designating
the BMPO voting delegate shall also have the authority to
designate the sole TAC or CAC member(s) to represent the parties
to this Agreement. In the event that the BMPO will permit a TAC
or a CAC member to represent each municipality, the governing body
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
5
of each municipality shall appoint the TAC and CAC member to
represent that particular individual municipality. To the extent
permitted by law and pursuant to Section 339.175(5), Florida
Statutes, TAC and CAC members shall serve at the pleasure of the
appointing authority.
6. Expiration. This Agreement shall expire on December 31,
2012; provided, that the respective governing bodies of Cape
Canaveral and Cocoa Beach may agree from time to time to extend,
amend, or terminate this Agreement by written instrument. No such
written instrument shall be effective until the amendatory
instrument is: approved by the governing bodies of each of the
two municipalities, executed by appropriate officials of each
governing body, and recorded with the Brevard County Clerk of the
Court as provided in Section 163.01(11), Florida Statutes (2005).
7. Interpretation. This Agreement and the terms herein
were negotiated jointly by Cocoa Beach and Cape Canaveral, and the
two municipalities had the full choice of wording thereof.
Consequently, no term, provision, or section hereof shall be more
harshly construed against either party hereto as the drafter of
this Agreement.
8. Effective Date. This Agreement shall become effective
upon recordation in the Public Records of Brevard County, Florida,
as maintained by the Brevard County Clerk of Court pursuant to
Section 163.01(11), Florida Statutes (2005).
[Intentionally Left Blank]
[Intentionally Left Blank]
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
M
IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and
the City of Cocoa Beach, Florida, caused this agreement to be
adopted the day and year set forth below.
ATTEST:
Loredana Kalaghchy, CMC,
its City Clerk
ATTEST:
Susan Stills, its
City Clerk
CITY OF COCOA BEACH,
FLORIDA, a Florida Municipal
Corporation
its
Dated: , 2006
(CITY SEAL)
CITY OF CAPE CANVERAL,
FLORIDA, a Florida
Municipal Corporation
its
Dated: , 2006
(CITY SEAL)
Brevard MPO/North Beaches Coalition Interlocal Agreement 1/24/06
7
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Considerations
Item
6
No.
Article 16.1 Benefits — Upon City Council approval, the City will participate in a matching pension contribution of
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: AMENDMENTS TO THE COLLECTIVE BARGAINING
AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 673 (AFL-CIO)
DEPT/DIVISION: ADMINISTRATION/HUMAN RESOURCES -CITY CLERK
Requested Action:
City Council consider approval of amendments to the collective bargaining agreement with the International Union
of Operating Engineers Local 673 (AFL-CIO)
Summary Explanation & Background:
City Clerk Susan Stills negotiated the amendments to:
Article 16.1 Woes — 3% cost of living increase effective 10-01-05.
Article 16.1 Benefits — Upon City Council approval, the City will participate in a matching pension contribution of
W to 3% by the City and by the employees of the existing 7% City pension contribution. This item will be part of
the 2006/07 budget.
Last year, the entire contract was rewritten; thus, only two items were negotiated.
I recommend approval.
Exhibits Attached:
City Manager'
Department ADMINISTRATION/HUMAN
RESOURCES
cape-nt\kim\mydocuments\admin\council\meeting\2006\02-07-06\union.doc
105 Polk Avenue, Cape Canaveral, FL 32920
P.O. Box 326
321-868-122011221
321-868-1248
Memo
To: Mayor Randels and Members of City Council
From: Susan Stills, CMC, City CI r�.
Q Bennett Boucher, City Manager
Date: January 19, 2006
Re: 2006 Union Negotiations — Amended Articles
Union Negotiations focused on the following three (3) issues during the 2005/2006
talks: Sick Leave — Retirement Health Savings Program, Pension Benefits and the
Cost of Living Adjustment under Article XVI, Wages. Discussion concluded that a
Retirement Health Savings Program could be instituted under General Policy to
address those employees that have exceeded the Sick Leave Accrual cap. The
following is a summary of the Articles discussed and their intended changes to the
Union Contract.
Article 16.1 Wages
Representatives adopted the Pay and Classification Plan for Fiscal Year 2005/ 2006 with a
3% Cost of Living Adjustment. This is the same adjustment awarded to Non -Union
employees as of October 1, 2005.
Article 16.1 Benefits
Upon City Council approval, the City will participate in a matching contribution Pension Plan
of up to 3% by the City and by the employees over the 7% annual contribution.
Cape Canaveral
2005 Contract Negotiations
Sign Off Agreement
ARTICLE XVI
WAGES
Employees' wages shall be determined as set forth in the Pay and Classification Plan
for fiscal year 2005/2006, attached to this agreement as Exhibit One. Effective October
1, 2005, the employees will receive a 3% increase for their classification as a cost of
living adjustment (COLA). Exhibit One shall be amended such that the bottom and top
of each grade's salary range will be adjusted equal to the COLA. Employees will be paid
bi-weekly.
DAAccepted ❑Impasse
Local 6.7.3 AFL-CIO/ City of C anavera lorida
A
Jam s W. Ingram Jr., nion Rep. ennett uc ity Manag
L ry M or ck, Union Steward Susan Stil , City Cler HR Director
Cape Canaveral
2005 Contract Negotiations
Sign -Off Agreement
ARTICLE XVI
Benefits
The City provides a Pension Plan for all qualifying employees. After one (1) full year of
employment has been completed, the City begins contributions toward the employee's
pension at a rate of 7% of the employee's annual salary. Upon City Council approval,
the City will participate in a matching contribution of up to 3% by the City and by
employees. Employees are fully vested in the program after five (5) years of service.
Details of the plans are maintained in the Human Resources office.
(�'Acr_pntr�rl.
❑Impasse
City of C e- anaveral, F ida
ennett Bou he ity Manager --"-
Susan Sti , City Clerk/ HR Director
city of cape canaverat
wage ana salary Pian
Union Employees
as of Octiber 1, 2005
EXHIBIT "ONE"
FLOC
2005
Job Code
Classification
Salary Range
Minimum Maximum
17030
Maintenance Worker
19,802
29,848
Utilities Maintenance Worker
9.52
14.35
17040
Maintenance Specialist
22,755
33,280
10.94
16.00
12010
Plant Operator C
25,314
37,606
12.17
18.08
12150
Utilities Mechanic
24,253
36,483
11.66
17.54
18140
Maint. Specialist/Electrician
29,182
43,035
14.03
20.69
18120
Maint. Specialist/HVAC Mechanic
26,666
39,790
12.82
19.13
18110
Maint.Specialist/Plumber
25,709
37,710
12.36
18.13
18130
Maint. Specialist/Carpenter
25,626
37,939
12.32
18.24
13020
Maint. Specialist/Arborist
31,866
46,987
15.32
22.59
12020
Plant Operator B
28,454
41,787
13.68
20.09
13070
Laboratory Technician
29,016
39,374
13.95
18.93
12030
Plant Operator A
30,805
45,698
14.81
21.97
12040
Lead Treatment Plant Operator
32,510
48,610
15.63
23.37
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Considerations
Item
7
No.
The applicant claims that this project should have been exempt from the new code provisions (see attached
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:
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, I included the new
ordinance for your review.
Please see Section 102-41, Specimen Trees, as it relates to this request.
Please advise.
Exhibits Attached:
Request Letter; Timeline Letter; Moratorium Ordinance; Chapter 102
City Manager's
Department BUILDING DEPARTMENT
cape-nt\kim\mydocuments\admin\council\meeting\2006\02-07-06\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
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 TOWNHONIES - 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 Il, 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.
All'
� -`� f- , •�� Taw ` p�
, 1
P,[•_ • ` ♦ /'�+� • ,•�' r„f Rte• _ `—
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 an Jr., Vice President
1,71,n All Shores Construction and Supply Co. Inc.
TUE 13:58 FAI 13217835410 KING RENTALS
Detail Sheet
Pltotlo Wwtw�abie
RIl tllittiMe
General/ commercial
e mnuo
Page 1 of 1
VACANT LAND OFFICE FORMAT -03!30/200511'07:01 AM
MLS #- 313513 Area: 271 -CAPE CANAVERAL2=f;
ist 000
Address: SWI SEASli U LN s: Sold
Arty/StiTP: CAPE CANANVERAI„ FL 32920 UREVARD ata:/ /2W5
SOIPNCO: HAREM HEIGHTS c: 0 00
Watorfrorit; N Sell Rem*.
Waterfront Feet: Rownpmt.
DOM: 37
C1
2adrhg: Cl
Pud' N
Taxes;
Homestead.
Tax Year. 2003
Adj Lot Avail. Number Of Lots: 2
Lot Sqft; tot Dim: 149 X 190 lot Acres: 0.600
Tax Acct Id: Parcel Id: '
Narrative: Property consists of two commercial lots in a prime location. Near area of growth in Port & estahlished residential area for
great client base. Comer lot with ftntW on N AUantir- lay be possible w obtain special permit for muld4amily, this would be a
wonderful spot for towntiotseg, dose to beach & all area attractions.
Directions: N AlA TO N A?LAIVM CORNER OF HAREM & SEASHELL,
GENERAL INFORMATION
Assoc Fee: N Zoning, Cl
Fee Includes: Additional Unit #.-
Site
:Site location: Major Roadway, Paved Street Deed Restrictions: N
Gated Corrurwnity: N Restrictions -
55 + Cbrnmunity: N Sale Options: Subject To Zoning
Land Description: Lot - Comer. Trees, Irregular Shape, Loot - City Owner Will Consider., Conventional, Cash only
Frontage Desc: City Road land Value.
Road Surface: Paved Market Value:
Road Front Footage: 149 Assessed Vie;
Future Use: Commertiat Improvement Value:
Adjacent Use: Commercial, Residential Assumable: N Free A Clear; N
Improvements: Street Lights Documents On File:
Security Features: Management-
Available
anagementAvailable Utilities: City Water, Cable Available, Electric, Possessgon: posing
Telephone Measure N : Tax Rolls
Community Amenity: BanWom Owned: N ft Coxxd: V27
BROKER/AGENT IWO
List Ago& KEENAN, VDICEW
Lh* Offnce: RE/MAX SERVICE TEAM
List Agent Phone: 321-754.6256
COdelarAsch - Assoc RMAX/ 01- SCAR
List Agent Fax: 321-799-2990
List Office Phone: 321452-9800
List Agent E-mail: vincentk�a_lbrevardrealestate.com List Office Fax. 321.452-9888
List Agent Web:
List Ofte E-mail: l3roker�t►Brev2rtlRealEstate_cam
SuYragrit Oo mp. 2.5
lkt Office Web:
Trarisbdirr Comp: 2.5
Contact Name, VINCENT KEENAN
Nonrep Comp: 2.5
Appoit>trnent: listing Office
Sub Agent Comp: 0.0
Appointment Phone: 452.9800
Variable Con vnisslon! N
Shan: Drive 9y Ok
Bonus: N
Li ft Type: ER - Exclusive Right of Sale
Type of Service: FULL
Agent info: -- COMBO OF TAX ACCOUNTS
2456495 & 2429676-- -
Offke IWo only:
Legal Desc:
Sell Agent: KEEMAN, VINC Wr
$ett Ofliice RUMAX SERVICE TEAM
Sell Agent Phone: 321-452-9800
Code / Branch: RMAX / 01
Sold Terms: Cash
Sell Office Phone: 321-452-9300
sell Office E-mail, erokwawevarditemEstate.com
Original Date: 128/2004
Orifi List Price: $249,000 list Date: 1?J27/2004
e
Last Modified: 03/29/2005
Plat Book:
Prev Lit Price. '$249,000 Wail Expire: 12/27/2005
Previous Status: Contingent Rom Date:
Plat Page:
Data displayed as a service orgy and not warranted as current, accurate or complete.
Vincent Keenan - RE/MAX•Senrice Team - 321-6930187
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 FORREVI,SION 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 Iand clearing regulations contained
within Chapter 102 of the City Code, and otherrelated provisions of the code, and will propose new
legislation to the City Council, which will address the City's concerns regarding the current land
clearing practices within the City, and which are designed to preserve and protect the health, safety
and welfare of the citizens of the City of Cape Canaveral.
Section 5. Expiration Date. This ordinance shall expire 60 days after its effective date. The
expiration date of this ordinance may be extended for thirty (30) days by majority vote of the City
Council at a duly held Council meeting.
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 ofthe City of Cape Canaveral, Florida, in a regular meeting
assembled on the day of , 2005.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Steve Miller
Jinn Morgan
SUSAN STILLS, City Clerk Buzz Petzos
Rocky Randels
First Reading:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 02-2005
Page 4 of 4
Chapter 102
VEGETATION*
Article L In General
Secs. 102-1-102-25. Reserved.
Article II. Tree Protection
Division 1. Generally
Secs. 102-26-102-35. Reserved.
*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
Division 2. Land Clearing
Sec. 102-36.
Definitions.
Sec. 102-37.
Title; applicability; intent and purpose; limited residential dwell-
ing exemption.
Sec. 102-38.
Enforcement and penalties.
Sec. 102-39.
Permits.
Sec. 102-40.
Permit criteria; exemptions; standards of review.
Sec. 102-41.
Specimen trees.
Sec. 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. Apolygon 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.
Ree 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.
Tee protection zone means the area located
around the perimeter of the dripline of a tree in
Which. no activity such as clearing, filling, exca-
vating, storage of materials, parking of vehicles,
or any other activity that in the opinion of the
building official may damage the tree. At the
discretion of the building official, the tree protec-
tion zone may be reduced for trees located on
small lots in order to reasonably protect the tree
and facilitate construction on said lot.
Tree replacement credit means the tree replace-
ment credit offered to a person for replacing trees
removed or destroyed in accordance with this
division with preferred plant material. The tree
replacement credit shall be established by the city
council and set forth in section 102-54.
Undesirable species means any of the species
identified in section 102-53.
Understory means an underlying layer of low
native vegetation usually associated with trees.
Vegetation means any plant material, including
but not limited to trees, shrubs, vines, herbs and
grasses.
Viable means having the capacity to live and
develop.
(Ord. No. 05-2005, § 2, 4-19-05)
Sec. 102-37. Title; applicability; intent and
purpose; limited residential
dwelling exemption.
(a) Title. This division may be cited and re-
ferred to as the "City of Cape Canaveral Tree
Preservation and Landscaping Code."
(b) Applicability. This division shall be appli-
cable to all land lying in the incorporated area of
the city, except for residential dwelling units as
specifically set forth in subsection (e) below.
(c) Intent. The intent of this division is to
encourage the protection of the maximum num-
ber of viable trees listed in the desirable species
list. It is further the intent of this division to
encourage the protection of trees native to central
Florida and to encourage proper removal of ex-
otic, pest trees. To this end, it shall be unlawful to
cut down, damage, poison, or in any other manner
destroy or cause to be destroyed any tree or other
vegetation as covered by the provisions of this
division except in accordance with the provisions
set forth herein. Notwithstanding, in the case of
emergencies involving natural disaster such as,
but not limited to, flood, freeze or other natural
disasters, the requirements of this division may
be temporarily waived by the city council by
resolution.
(d) Purpose. The purpose of this division is to
establish regulations for trees within the city in
order to maintain and protect the city forest, to
better control problems of flooding, soil conserva-
tion, air pollution and noise, and to make the city
a healthier, more attractive and safer place in
which to live.
(e) Three or less residential dwelling unit ex-
emption. Upon receipt of a completed application,
the building official shall issue a land -clearing
permit for any land on which there contains or
will contain three or less residential dwelling
units regardless of the requirements set forth in
section 102-40. However, such permit shall not
authorize the removal of any specimen tree. Spec-
imen trees may only be removed pursuant to the
requirements set forth in section 102-41. Land
that contains or will contain three or less residen-
tial dwelling units shall be exempt from the tree
replacement guidelines set forth in section 102-
43.
(Ord. No. 05-2005, § 2, 4-19-05)
Sec. 102-38. Enforcement and penalties.
(a) Enforcement. The city may enforce the pro-
visions of this division by any lawful means
including, but not limited to, issuing a civil cita-
Supp. 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) YYme 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 structgre, provided
trees and landscaping are installed on the
property in accordance with section 102-43
of this division.
(4) Trees severely diseased, severely injured
or dead.
(5) Trees that interfere with the construction
or repair of public infrastructure and fa-
cilities.
(6) Undesirable trees, per section 102-53 of
this division.
(7) Trees that have been approved for re-
moval by the building official and which
shall be replaced elsewhere on the prop-
erty.
(b) Permit exceptions. The following tree re-
moval activities are exempt from the permit re-
quirements of this division:
Supp. No. 14 CD 102:7
(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 trees) specifics-
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-
if the city council determines that
tion,
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
SuDA. No. 14 CD102:10
VEGETATION
development site, excluding wetland
areas and existing conservation ar-
eas, as follows:
DBH of Preserved
Reduction in Re-
T-ee
placement YY ees
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 CD 102:11
§ 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 this
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 city
council may grant a waiver to provisions of this
division where the applicant demonstrates that
the literal interpretation of the division will deny
the applicant reasonable use of the property or
where such waiver can be demonstrated to be
consistent with the purpose and intent of the
division.
(b) Administrative interpretation appeals. Any
person adversely affected by an administrative
interpretation of this division by the building
official may first appeal that interpretation to the
city manager by filing a written notice of appeal of
said interpretation within ten calendar days of
said interpretation. The city manager shall decide
said appeal within five business days. Any person
adversely affected by an administrative decision
of the city manager under this division may
appeal that interpretation to the city council by
filing a written notice of appeal of said interpre-
tation within 30 calendar days of said interpreta-
tion. Failure to file an appeal within the time
periods required by this subsection shall result in
the administrative interpretation to be declared
final. The city council shall decide said appeal
within 30 days of the city's receipt of said notice of
appeal and the city council's decision shall be
final. Except for the mandatory time periods
required for the notice of appeal, the time periods
required for a decision may be extended by mu-
tual agreement between the city and the person
filing the notice of appeal. The appeal procedure
under this subsection shall be the exclusive method
for appealing an administrative interpretation
decision made under this division.
Supp. No. 14 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 feesthat are necessary and proper to implement this
division have occurred, remedial action shall be - -division.
taken to restore the property consistent with a (Ord. No. 05-2005, § 2, 4-19-05)
restoration plan approved by the building official
or the city council if the violation is inconsistent
with plans, permits, or agreements approved by Sec. 102-52. List of desirable species and
the city council. The restoration plan shall re- plants.
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-
placement Small
placement Can-
Trees or Palms
opy Trees Re-
Required for
DBH of Pro-
quired for Each
Each Ree Re-
Contribution to
tected Trees
Tree Removed
moved
Plant
Tree Bank
4 up to, but not
1
or
__Preferred
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
not_ 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: 02-07-06
AGENDA
Heading
Ordinances -2"d Reading
Item
g
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 10-2005, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
AMENDMENT AMENDING THE COASTAL MANAGEMENT ELEMENT
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider at second reading, the adoption of Ordinance No. 10-2005, a large scale comprehensive plan
amendment of Policy CM -4.3 of the Coastal Management Element, as recommended by the Local Planning Agency
on 01-11-2006.
Summary Explanation & Background:
The policy amendment incorporates the recommendations from the Department of Community Affairs.
I recommend approval.
Exhibits Attached:
Ordinance No. 10-2005; DCA recommendations
City Manager'
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2006\02-07-06\10-2005.doc
ORDINANCE NO. 10-2005
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.
WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, the City desires to amend its Comprehensive Plan's Coastal Management
Element; and
WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on the proposed
Comprehensive Plan amendments and considered findings and advice of staff, citizens, and all
interested parties submitting written and oral comments and has recommended adoption to the City
Council; and
WHEREAS, the adoption of this Comprehensive Plan Text Amendment, is consistent with
the Goals, Objectives and Policies of the City's adopted Comprehensive Plan; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
of the citizens of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 10-2005
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.3184 and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Cape Canaveral's Comprehensive Plan.
Section 4. Adoption of Amendments to Comprehensive Plan. The City of Cape
Canaveral Comprehensive Plan, Coastal Management Element, is hereby amended as reflected in
Exhibit "A", attached hereto and fully incorporated herein by this reference. (Underlined type
indicates additions and shikeo ut type indicates deletions, while asterisks (***) indicate a deletion
of text from the Comprehensive Plan. It is intended that the text denoted by the asterisks shall
remain unchanged from the language existing prior to adoption of this Ordinance).
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendments. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
City of Cape Canaveral
Ordinance No. 10-2005
Page 2 of 3
orders, development permits, or land use dependent on these Amendments may be issued or
commenced before the amendments become effective. If a final order of noncompliance is issued
by the Administration Commission, the Amendments may nevertheless be made effective by
adoption of a resolution affirming its effective status. After and from the effective date of these
Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Cape
Canaveral Comprehensive Plan and become a part of that plan and the Amendments shall have the
legal status of the City of Cape Canaveral Comprehensive Plan, as amended.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 10-2005
Page 3 of 3
Cape Canaveral Comprehensive Plan
Coastal Management Element
Objective CM -4:
The City shall develop measures for protection of beaches and dunes, establish construction standards
which minimize the impacts of man-made structures on beach and dune systems, and work toward
restoration of altered beaches and dunes. The measurement of this Objective is the development of such
measures and the extent to which beaches and dunes are protected and/or restored and the development of
standards to minimize the impacts of man-made structures on the beach and dune systems plus the degree
to which the following Policies are implemented.
Policy CM -4.1:
The City shall closely monitor beachfront development to insure to the greatest extent possible that the
dune system is preserved as a natural buffer to storm surge.
Policy CM -4.2:
In areas where beaches and dunes are being eroded, the City shall encourage and support a multi -
jurisdictional approach to stabilization and restoration projects, preferably utilizing native vegetation as the
stabilizing medium.
Policy CM -4.3:
The City shall continue to enforce the coastal construction control line law and shall assure that projects
within its area of jurisdiction abide by the setback requirements except for existing projects
incompliance with existing city regulations and as permitted by the Florida Department of
Environmental Protection The following additional criterion shall apply for structures built
eastward of the coastal construction control line.
A) New, redeveloped or repaired structures shall meet or exceed the Florida Building
Code wind speed map, as amended.
B) The density for redeveloped or repaired structures shall not exceed pre -
development.
C) The gross square footage for redeveloped or repaired structures shall not be
increased more than the original structure square footage and consistent with the land development
regulations.
D) New and redeveloped structures should be located on the west buildine setback line
or as far to the west as possible (additional development of the property such as pools, driveways or
garaees are directed seaward) to reduce exposure to tropical storm events.
Policy CM -4.4 -
No new construction shall be allowed that threatens the stability of either the dune systems or the beach
itself. Land development projects in beach areas east of S.R.- Al should provide for dune stabilization
and preservation. In all cases, existing dune vegetation should be preserved to the maximum extent
feasible.
Policy CM -4.5:
The City shall continue to prohibit motorized vehicles from operating on the dune system except in
emergency situations.
Policy CM -4.6:
The City should continue to work with the Canaveral Port Authority actively mitigate impacts of Port
operations on the City's beaches.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR /
CITYOF CAPE CANAVERAL � C� � S
AMENDMENT 05-1 6
0/►'''�
I. CONSISTENCY WITH CHAPTER 163, PART II, F.S., AND RULE 9J-5, F.A.C.
The. City's proposed Amendment 05-1 consists of one text amendment to the Coastal
Management Element. The Department raises the following objections to proposed Amendment
05-1:
1. Objection: The proposed amendment does not address minimizing impacts to private
property in the Coastal High Hazard Area (CHHA) and fails to address opportunities to direct
residential development away from the CHHA.
The proposed amendment is not consistent with the following requirements: Rules 9J-
__-_____ _:_..-5,005(2-and 5)T 9J-5.01-2(3)(b)7:,-and-(c).1.,.F:A.0 and..Secti6ns.1.63.31.77(6)(h) .and 2;_
163.3177(8)(1)7 F.S.
Recommendation: Do not adopt the proposed amendment. Alternatively, revise the text
amendment to include further. direction in the policy that will result in redevelopment, where
possible, to be located as far landward as the development parcel would allow. Redevelopment
should be designed so that any additional development of the property such as pools, driveways
or garages are directed seaward to put the residence as fat as possible out of harm from storm
damage and to design the. redevelopment to minimize the impacts of man-made structures on the
beach and dune systema
2. Obiection: The proposed amendment is internally inconsistent with Objective CM -4 of the
Coastal Management Element which requires that the City develop measures for protection of
beaches and dunes, establishing construction standards which minimize the impacts of man-
made structures on beach and dune systems.
The proposed amendment is not consistent with the following requirements: Rules
9J-5.005(2 and 5); 9J-5.015(3)(b)l.,(3)(c), F.A.C.; and Section 163.3177(6)(h)l and 2, F.S.
Recommendation: Do not adopt the amendment. Alternatively, revise the proposed amendment
consistent with Objective CM74 of the Coastal Management Element as stated in the first
recommendation.
II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN
-Objection: - The proposed Comprehensive Plan TEXT Amendment is not consistent with -and do -- - not further the following provisions of the State Comprehensive Plan (Chapter 187, Florida
Statutes) for the reasons noted in the objections raised above in Section I:
(a) Goal (6), Public Safety, Policy (b)23;
(b) Goal (8), Coastal and Marine Resources, Policy (b)4, 6, and 9; and
(c) Goal (25), Plan Implementation Policy (b)7.
Recommendation: Revise the plan amendment as recommended for the objections raised above.
View Legal Ad# 676759
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AD#676759-1/29,2006
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral,
Florida will hold a Public Hearing for the
purpose of adopting Ordinance No. 10-2005 in
the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida at 7:00 P.M., on Tuesday,
February 7, 2006. The ordinance may be
inspected in its entirety in the City Clerks office
during business hours (8:30 a.m. to 5:00 p.m.,
Monday -Friday).
ORDINANCE NO. 10-2005
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
RELATING TO COMPREHENSIVE
PLANNING; SETTING FORTH
ANDADOPTING 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
ORDINANCESAND RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
Pursuant to Section 286.1015, Florida Statutes,
the City hereby advises the public that: If a
person decides to appeal any decision made by
the City Council with respect to any matter
considered at this meeting, that person will
need a record of the proceedings, and for such
purpose that person might need to ensure that
a verbatim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is to be based.
This notice does not constitute consent by the
City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons
with disabilities needing assistance to
participate in any of these proceedings should
contact the City Clerk's office (868-1221) 48
hours in advance of the meeting.
Susan Stills, CMC
City Clerk
AD*: 676759
Publication: Florida Today
First Published: 01-30-2006
Page I of I
httn-//www flatodav netllecrals/disnlav htm?CMI=DISPI,AY&id=20393 1/30/2006
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Site Plans
Item
9
No.
parcel.
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:
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 pennit/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's
Department GROWTH MGMT/P&Z
cape-nt\kim\mydocuments\admin\council\meeting\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 aftemative 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 permittexemption
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.
Attom ys at Lain
Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee Joseph E. Butch
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 Cay quadplex 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) 425-9565
Website: www.orlandolaw.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.
Please contact my office should you require further information regarding this
matter.
Very yTruly Yours,
Kate Latorre
Assistant City Attorney
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
RE: Sea Shell Cay Townhomes
Easement Vacation, Harbor Heights Sub.
DATE: January 30, 2006
The Public Works Department reviewed the re -plat of the above stated
project and has a concern about vacation of the easement as noted on the Harbor
Heights First Addition Plan.
According to Article I. IN GENERAL, Sec. 110-1, of the city code,
Easement means a right-of-way granted for limited use of private property for a
public or quasi -public purpose. Within Sec. 110-477 requires that "no purported
dedication of an easement to the city shall be effective until it is accepted by the
city council, after review and recommendation from the planning and zoning
board." Therefore, all future re -plat requests shall depict and note all easements
that are new, existing and/or vacated as the result of the re -plat. This disclosure
will assist staff in their review and prevent delays for the applicant.
The Public Works Department has determined that the subject easement is
not utilized and not needed, hence recommend the vacation of the subject
easement as the result of the recorded re -plat of Sea Shell Cay Townhomes.
Ftl I V1=f1 F10P, 7F ;171—7H:-.-7PF.F c�'T71TT; FP PA6F !1'?
.ianuary 3, 2006
Mr. Todd Morley
City of Cape Canaveral
Building Department
105 Polk Avenue
Cape Canaveral, FL 3292
RE. Site Plan Review — Sea Shell Gay - Review #3
(Sea Shell Lane — New Quadraplex Building)
SSA Job No. 05-00251012-1004
Dear Mr. Morley:
SQA
SSA has reviewed the above -referenced project and based on our review, SSA
recommends said plan for City approval.
This review does not relieve the applicant from other local, state, and federal agencies
having jurisdiction over the project site. Should you have any questions regarding this
letter, please do not hesitate to call.
Sincerely.
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
r4
.Sohn A. Pekar, PE
Sr. Vice President - City Engineer
City Engineer's Review Fee For Review #3 -- $95.00
NOTICE OF ADDITIONAL. FEES
As this project is being reviewed under the original City contract,
Fngineering Fees for all reviews after 2`"' review will be billed at $95.00 per hour.
SrOFIUR STAGG & ASsOcIA.TES ARCHMCT'S ENGINEERS PLANNERS, INC.
8680 Narth Atlantic Aaecue F. o. Anx 1630 Crape Canaverai, norida 329'A Tel 321-783.1320 Fax 321-783-7065
i�tcivrarojects,,apo6uas4e1 eay rauew f a 10 adnc 11c. #AACOt KiN NEB0000762 ML6001J6700
City of Cape Canaveral
February 8, 2006
VK & MK Development, Inc.
Vinod Kalidas, Principal
7575 Kingspointe Parkway, Suite 23
Orlando, FL 32819
RE: Villa Campania Site Plan, Holman Road — R.K. Engineering,
Applicant.
Dear Mr. Kalidas:
The City Council of the City of Cape Canaveral has heard information pertaining to your
Final Site Plan at their meeting held on February 7, 2006.
• Based on the site plan, testimony, and other information presented, the City
Council has approved the site plan of Villa Campania, Holman Road.
In accordance with Section 110-223 and Florida law, any aggrieved party with legal
standing can appeal a final decision of the City Council to a court of competent
jurisdiction.
Sincerely,
Susan Stills, CMC, City Clerk
C: City Manager
Building Official
City Attorney
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
w wwmyflonda.com/cape • e-mail: ccapecanaveral@cfl.rr.com
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(esien(9a) zooz eunr 'oosc u„oj
1
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Site Plans
Item
10
No.
A C-1 residential special exception was granted on 04-12-04 and will expire on 03-24-05 with a one-year extension
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SITE PLAN — VILLA CAMPANIA; R.K. ENGINEERING, APPLICANT
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council review and consider approval. of the Villa Campania site plan as requested by the applicant, R.K.
Engineering and as recommended for approval by the Planning and Zoning Board at their 01-25-06 meeting.
Summary Explanation & Background:
This request is for a site plan to construct a (5) unit condominium. The site is located on the south side of Holman
Road.
A C-1 residential special exception was granted on 04-12-04 and will expire on 03-24-05 with a one-year extension
date of 06-27-05 and a final extension date of 06-27-06.
Exhibits Attached:
1. P&Z Board's recommendation memo dated 01-26-06
2. Site plan application
3. City planner report
4. Staff comments
5. Site Plan (hand-out)
City Manager'
Department GROWTH MGMT/P&Z
cape-nt\kim\mvdocuments\admin\council\meetsna\2Uoe\UZ-U/-vo\campania.aoc
City of Cape Canaveral
January 26, 2006
Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding: Villa Campania - Site
Pian - R. K. Engineering, Applicant.
At the Planning & Zoning Board meeting, held on January 25, 2006, 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 (7) copies of the site plan.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwmyflorida.com/cape • e-mail: ccapecanaveralOcfl.rr.com
City of Cape Canaveral
Site Plan
Villa Campania
Applicant:
Location:
Proposed Amendment Acreage:
Permitted 15 DU per acre:
Proposed Number of Units:
Proposed Density:
Current Future Land Use:
Current Zoning:
Richard A. Kern
Range: 37 Township: 24 Section: 26
0.66 +/- Acres
9 residential maximum whole site
Commercial C-1 N/A
5
7.58 DU/AC
C-1 Commercial
C-1 Commercial
Description:
The applicant proposes to build five (5), two story townhome units on a 0.66 acre lot.
The subject site is located west of State Route A -1-A and south of Holman 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. This is still adequate park space available.
North
South
East
West
Zoning
C-1 Commercial
C-1 Commercial
C-1 Commercial
R-1 Residential
Comp Plan
C-1 Commercial
C-1 Commercial
C-1 Commercial
R-1 Residential
Existing
Conditions
Single Family
Residential,
Commercial
Commercial
Commercial
Single Family
Residential
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 199 available peak hour trips from North
Atlantic Blvd to Center Street. AIA from Center Street to McKinley St has a level of
Service is "A" with 261 excess trips. If developed completely as residential, the site
could generate 2 to 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 1.17 MGD with an
excess capacity of .63 MGD. The amount the project could generate is 1,000 GPD.
However, 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 1,000 GPD. 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 Canaveral complex, gently undulating soil type. This complex consists of
nearly level and gently sloping soils that are mixtures of sand and shell fragments. 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 potential population is approximately 11 to 12 new persons based upon 2.37 persons
per household.
Memorandum.
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: October 6, 2005
Re: Villa Campania Site Plan Review
I have reviewed the Villa Campania Site Plan and have no comments.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
Mr.. Todd Peetz
Miller -Legg & Associates
631 S. Orlando Ave, Suite 200
Winter Park, FL 32789
RE: Site Plan Review -Villa Campania (a.k.a. Kalidas Townhomes) - Review #5
SSA Job No. 05-00251006-1004
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
City Engineer's Review Fee for, Review #5 - $285.00
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.
STOTTLER STAGG & ASSOCIATES ARCHRECTS ENGINEERS PLANNERS, INC.
8680 North Atlantic Avenue P. 0. Box 1630 Cage Canaveral, Florida 32920 Tel 321-783-1320 Fax 3217837065
J:tCIVILIProjecWCAPEY-kaidas-vbcampema-5APPROVAL.docUc.#AAC000329 I #EB0000762 #LB0006700
l�J
The Public Works Department has reviewed the submittal of the site plan review
for the above referenced project and does not have any additional comments or concerns.
All prior comments and concerns have been satisfactorily addressed. Further review will
be conducted during the permitting process for compliance of all local and state codes.
The Engineer of Record is responsible for any requirements not identified by the City.
r`�
MEMORANDUM
TO:
Todd Morley,
Chief Building Official
TO:
Todd Peetz
City Planner
FROM:
Ed Gardulski
Public Works Director
DATE:
December 1, 2005
RE:
Villa Camania (Kalidas) (Venable) Town Homes
Site Plan Review
The Public Works Department has reviewed the submittal of the site plan review
for the above referenced project and does not have any additional comments or concerns.
All prior comments and concerns have been satisfactorily addressed. Further review will
be conducted during the permitting process for compliance of all local and state codes.
The Engineer of Record is responsible for any requirements not identified by the City.
r`�
MEMORANDUM
TO: Todd Peetz
City Planner
FROM: Jeff Ratliff
Stormwater Administrator
City of Cape Canaveral
868-1240
DATE: November 28, 2005
RE: Villa Campania Condominiums
The drainage report/plans for this project were previously reviewed and are adequate — 1.
have no further comments concerning stormwater issues at this site.
Plan Review .
To: Todd Peetz, Miller Legg & Assoc.
Building Department
From: John J. Cunningham, Asst Fire Chiu
Re:
Date:
Villa Campania, Site plan nf
�t
12-13-200St " J :� R. i41
t SYf, a
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.org.
f TTY OF CAFE CAXAVE AL
SITE PLAN PAYMENT RECEIPT
Project Narae:Lik005
RESIDENTIAL- 4LCA
1, 2 8z 3 Residential Units ...........................................TOTAL; $3^.50
f
Total # of Units?—�;` L�%C1l,U
�^. (4) or more Residential Uzuts $50.00 (1st (4) Units), 5t .o0
/V A Plus _ Units @ $7,50 per unit $—_..-__
4f ---- __ _...__ ---- --.-.. Total:-$_—.
C COMMER[..IAL•
1 s C
f � X15(1 per mere rf land, or portion thereof.
Acres X $150 TOTAL:.. ...............
U� SITE PLAN EXTEN I`ri•...................................
SITE PLAN RESUBMISSION: 50% of ori inai fee.........TOT.AL:........—.4—
DEPOSIT TOWARDS REVIEW FEE
RESIDENTIAL: 1 to 4 Units ... $700.00
Over 4 Units W 50 Unit ...................17,goo.00
Over 50 Urdts or Hotel/Motel .... .,...., .00
COMMERCIAL: Up
4 Cres.........h ern on
Over 4 up to Cres.,.
Over $ Acres -- vi ee to be established after pre -
application meating based o > tee es xna ted in i Exhibit ,A of City
En&eer contract.
Total Acres:
Office 'Llse Only: Escrow Accaunt # 1-202.24tit1
TOTAL REVIEW DEPOSIT RZZCEIVED, UE"DO r c&
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED:
PAID RECEIPT NO.� - ..—DATERECV'DT_ \�03
15oc>,5.5Aci(o5
�'_'.t,o, 1�P_qCr /C) -.g
City of Cape Canaveral
April 14, 2004
James M. Jr. and Elizabeth C. Venable, Trustees
738 Nassau Road
Cocoa Beach, FL 32931
RE: Special Exception Request No. 03-07 to Allow Multi -Family Residential Use in
the C-1 Zoning District, (Holman Road), Section 26, Township 24 South, Range
37 East, Lots 26 & 27 - James M. Jr. and Elizabeth C. Venable, Trustees.
Dear Petitioner(s):
The Board of Adjustment of the City of Cape Canaveral has heard information and
testimony pertaining to your request at the meeting held on the 12th day of April, 2004.
Based on the testimony and information provided, the Board of Adjustment has
approved your request.
As per City Code Section 110-48, Any special exception granted under this chapter shall
expire if the applicant has not obtained a certificate of occupancy or occupational license
as appropriate and utilized the special exception within 12 months of the date of its
issuance; provided, however, the Board of Adjustment may extend this time period by an
additional 12 -month period if the applicant can show good cause for the delay. If the
applicant desires an extension, the applicant shall submit its request directly to the
Board of Adjustment prior to the expiration of the first 12 -month period. Additionally, a
special exception shall expire and become null and void if the use granted thereunder is
abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used
herein, abandoned shall mean that the applicant has gone out of business, let all
business licenses lapse or has otherwise changed the use of the property in
conformance with the Code of Ordinances. Once a special exception has lapsed due to
abandonment, the applicant must resubmit its special exception request pursuant to
Section 110-46. Should there be a violation to any part of this approval the special
exception is subject to revocation according to the City Code.
Sincerely, _
Marilyn Rige r�
Chairperson
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
City of Cape Canaveral
July 1, 2005
Cm OP
CAPE CANAVERAL
VK & MK Development, Inc.
Kinod Kalidas, Principal
7575 Kingspointe Parkway, Suite 23
Orlando, FL 32819
RE: Special Exception No. 03-07 - Request for Time Extension
Dear Mr. Kalidas:
The Board of Adjustment of the City of Cape Canaveral has heard information
and testimony pertaining to your request at the meeting held on the 27th day of
June, 2005. As you know, the special exception expired on March 24, 2005.
Based on the testimony and information provided, the Board of Adjustment has
granted your request for a one time, twelve month extension for the above
project, permissible as per Section 110-48 of the Cape Canaveral Code of
Ordinances.
Please note that should there be a violation to any part of this approval the
special exception is subject to revocation according to the City Code.
Sincerely,
Mari�Riman
Chairperson
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
Meeting Type: Regular
Meeting Date: 02-07-06
AGENDA
Heading
Discussion
Item
1 j
No.
Discussion item only.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: N. ATLANTIC AVENUE & CENTRAL BLVD. INTERSECTION
IMPROVEMENTS
DEPT/DIVISION: PUBLIC WORKS/STREETS
Requested Action:
City Council review and comment on the proposed intersection improvements for N. Atlantic Avenue and Central
Blvd.
Summary Explanation & Background:
The proposed project will add left turn lanes and upgrade the traffic signals from wire/cable to mast arms.
Next step is final design.
Discussion item only.
Exhibits Attached:
Construction plans
City Manager',
Department PUBLIC WORKS/STREETS
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