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Home My WebLink AboutPacket 01-03-2006 RegularCALL TO ORDER: City of Cape Canaveral :OUNCIL REGULAR MEETING CITY HALL ANNEX Avenue, Cape Canaveral, Florida TUESDAY January 3, 2006 7:00 PM PLEDGE OF ALLEGIANCE: F -ITC -MI ROLL CALL: PRESENTATION: Holiday Beautification Awards CONSENT AGENDA: 1 , City Council Regular Meeting Minutes of December 6, 2005. 2. Resolution No 2006-01: Appointing a Regular Member to the Board of Adjustment (Catherine Barnes). 3. Resolution No 2006-02: Appointing a Regular Member to the Beautification Board (Martha Carroll). 4 Resolution No. 2006-03, Appointing a Regular Member to the Planning and Zoning Board (Harry Pearson), 5. General Easement Agreement, AlA Acquisition Groin, LTD, LLP, 6. Utility Easement Agreement. Al A Acquisition Group, l_TD, LLP. 7 Utility Easement Agreement, Greene International Development. 8. Utility Easement Agreement, Vinod Kalidus, CONSIDERATIONS - 9, Motion to Approve: Final Replat, Chadwick Townhornes, Katherine Chadwick, Applicant. k_] na vt-rA' L 3l9'0 -0-i 0 y of Cape Canaveral. Florida y Council Regular Meeting nuary 3. 2006 ge2of3 Motion to Approve: Preliminary Replat, Beroja Palms, Ron Wallen, Applicant. ORDINANCES: Second Public Hearing: 11. Motion to Approve: Ordinance No. 21-2005; Amending Chapter 102, Article ll., Division 2; Providing Land Clearing Criteria for Land that Contains or that will Contain Single Family, Two -Family or Three Family Residential Dwelling Units, at second reading. RESOLUTIONS: 12. Motion to Adopt: Resolution No. 2006-04: Florida League of Cities Legislative Priorities. SITE PLANS: 13. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant. 14. Motion to Approve: Site Plan for Sea Shell Cay Townhomes, James Morgan, Applicant. DISCUSSION: 15, C-1 Low Density Commercial District. PPPOPTS- 1, City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. City of Cape Canaveral. Florida City Council Regular Meeting January 3. 2006 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. MEMO TO: Bennett Boucher, City Manager FROM: Cathy Hardy, Administrative Assistant THROUGH: Ed Gardulski, Director of Public Works SUBJECT: Agenda Item for January 3rd Council Meeting Holiday Beautification Award Presentations DATE: December 14, 2005 The Beautification Board voted at their 12/13 meeting and selected winners for the Single, Multi -Family and Commercial Holiday Award. The winners are as follows: Single Family property —129 Madison Avenue (Mr. & Mrs. Pete Nicks) Multi -Family property - 8500 Ridgewood Avenue — Canaveral Sands Condo (Joanne Smally) Commerical property- Tip -A -Few Tavern - 6890 N. Atlantic Avenue (Ed Liquori) A plaque and gift certificate will be presented at this meeting. Please place this item on the January 3`d City Council Meeting. Cc: Susan Stills, City Clerk 0 Page 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY CALL TO ORDER-, The Chair called the meeting to order at 7 00 P M ROLL CALL: Council Members Present Mayor Pro Tem Bob Hoog Council Member I)im Morgan Council Member i-eo Nicholas Council Member D�Uzz Petscs Mayor P\ocky Rand-,ais Others ,"Ire sent. City Manager i3ennett Bou ,i City Attorney '�nthony G'arganese City Clerk 4Nls Building Official odd Morley Public WOrks Direct -.)r —d Gardulsk The Chair broughi i1eili No IG fig` f-vtand for a fit e.septation % Motion to Approve- Annual Evaluation of Waste Management. Mayor Randels called on George Ce!etko, General Manager oFWaste Management. M,, Geletko exoressed appreciation to the City ':or its interest it the Cart system Mr Geletko reported on a two phase communication program of, Phase 1) letters distributed to Home Owners and publishing or the City web site and in the Florida Today and the Hometown News, and Phase 11) focusing on tips to outline cart usage. Cart delivery to homes would begin on January 16'1'. The automated trucks begin servicing the carts on Monday, February 6"'. Yard waste service will begin on the first Morday following delivery and two 96 -gallon carts would allow for a large amount of yard waste Mr Geletko stated that both carts could be used due days The carts ,will collect household waste on Wednesday and Satlirday and recycling on Monday The mcycling program will be expanded to include magazines Cit,of Capvera� :€" cla Qj DOWN RegWr WeVI--'.1 Desembe, 6 200 One telephone books. jurik mad ana possibly cardboard White ao(-ds. slashed tires and furniture cNe0m, vall COMMOP, Vn;cth an onai! ;,<*--up of 72 -hours not,ce The small We Nris WO continue fc recvc1mg in the `L.Jur) the F an , to o, v e jj is c i E�rt th bice bins to 64 --gallon containers 7 hese cats oan also be ;.used at commercial establis)rT,ents M do rat gererfe enough,,4aste for a 2-yar(-, contairer Since there are ro depof,;,ts the calk tie address W! be respcns ble fol' the r;arts. Waste flariagemmen,, Y,,0 be responEjble for cart -naintenance aid stolen cans The cans vol ne identledkivith, a bp,.",,.,o(.Ie and addta,-4 carts are .available at STO per cal ed A Mr, Nicholas aska reshleoi wouic! irciir a fee to charge the initial 96-- gallon cat to a 64-qaPon r -:art NV Geletkc rented that there would be n,o charge for an Kral exchanfle The $25 le:!very fee t,-) criange sizes f om a 9e, -gallon to a 64gallor cart vwH TaKp effec.t aft& 1,:-ograrn, irnpi,-,-rnentat�or�M, Geletkoaffirmed fo.-. Mayo�- Q -!o TCn-j hilaq thai rar nform-,--�t!om t�,ol,jlrj be pr)vided with cart, NO (3e!etk:) st.ate,.b tn,)t the 96- ;ia-lo,"i size 's eq,,,ai to three garr,age cans The Cart System would improve aesteon and me disp?a,�ed a before a' id after ohoto of Cart use He ?Isodispdave,-I a Oot,-, r,f tn(---automafed operab )n Mr Morgap mauled aoout anv base debnx m -if ng Olet1jrnp�rg process 'Ir. jir,) -�,--uggle of V,Jaste rjI,9-,agP,,renT rephec! tha! m 11ter wouk! bit osked up. Ms Cameime Bames asked abnA We posst)iiily !-,.f ihidden �teiri n such a is -ge container and NAA GENK) !"�,IV Donalc Dunn aske,"i tt'e '-ecyclir,g conta,ner was so large in t+: the ex*Mg eycimgi7orita, ine�r t0i Gele*o repied that Waste Managemenr antucipates a 20 oercert :rR -,,ease =n recy6ng He related that relations iv \ijhen renderd; boas, --ed to fhe �3d gailon, contak Ems recycling efforts increased tie repheu to Mayor Ve Tenn Hoog hat'Waste Ma¢iagement invested in a $3 m0lior� ful,y ca!jfmate c, ;urting, s- He aff%rmf-d that the har-e ovmer cots no- , i;-tage Mayor Ra -idielf ,nat t`,esCnit Jule, lav? changed at the Council eauest in, order to a Moro= ,,, q ee,--i W-,IS',e IC .,;Up followir g the weekend mayor exaWle�d thal lrjer the A-mia' Fvaivatior, of JIJaste Management the My expects a levei of saFilca i(I staff tracKs any (ON resdent complaints Staff then addressoo any reCW',"C-."-',I. the =tactar responds and did the corkawar oam-wipate i ar ,Y :--eetjncs The Council receive; a quarterk renal on Wast a h/lannerrvat ssendice ar d thns is done n order to mvro,.je R,-,,i-�dels tate(t`iattb,�e City �as a goal to respond to concE,,rs wrthir241 hou.-s NIr Bruche' reported that the or ine Better Place compla;n,+:- -a.re d!,Zecf"� to V.`,aste k1a,�,34-,,edent ticwe)-er, resicen�s are encouraged to contacy the CQ V.a,-gager s MA NM.,,- Cele,ko epiied tiat he °-,,:)uld generate a rencirt of the -ccmoan s Better Piac,�, responses M . Boucher stated that the Lop hot spos staff fntir-we o torose areas 3, Mayer Randels sroKe on !he aestIM4,c valt.,ie r t the rew cart s�stem Mr Petsos asked J t,_A<-) trucwc,; \�vo,,, ijd cove:- ti)e '2er'V1% �.Ire_ and jnqoi!ed -,- bout th>:, conseq,wiices oi a Geletko replied that tie c.-�rnpany has a Spare rl �225,000 tmck. Mr Geletko reoilleri 9',' 'the each new nc�, is He infoarned that the artclpates 1nc!i1:,,1,rbc Cccoa a1 Bay arin klelbourie ir ¢t -ie next yi'a, Mr Geietto expressed }t_at he would be happy to addres-, any Homeovqf,�',-; L` ssociafio_;,s cii tne Cart 'rograrr Y,' cor.)v of the presentation Ms Barres of rrr,eC for the Crry\Jwney that the information w her apoiicatior packet was trim win( t(--) th- L',pt'st of hei at7w;ty kIrs Barr es responded -Mat sne served or tN--, Cini s Plannjnc, .end Zonmq Board - the past and ',elt prepared to serve or a ("_"Itv Board agair, cA tc a q i r r n, ed, t,)a t e has a ,,:, o p r c b 1 e r - i s e, f -,i 4n g , r QkjasiJ1u-1!cja1 Board %4, etsor�-)Jared that sen/ed wtn � Is Barnes or trie Plarninq and Zoning boarcin �,asj. ,ears and she 'vvould be ar asset tc the Board. Ms, Bad ries , p0 eJ to t';I, tlraf $he is 1--e mvoyed a Yo mant.,factures gift vlayo,P,ofer. Hoog stated that he served w4i'i Ms Barrie's on the P1,3rning and Z,,)nin.g Board anc (ecomr-nended her appointrre-ril, rk. t,�Vgan -Mnr.-,jr-,:I -tral shbe an ass ":t tc the Board Mayor Raldels, stab-(-' that ::.i Res )!i Jton ti) her to ftie F. -)ard wot,ild be rlac-.ed on t' . =' -" - I -" the a'-�' L41611 3, Resolution No,, 2005-43 Y Appointing a Regular Mern 6er to the Board of Adlustment fE McMilh I ry 5. Resolution, No 2005-45; Appointing a Second Alternate Member to the P!anning and Zoning Board, (H. Pearson), V Outdoor Entertainment Permit for the 10th Annual Reindeer 549 R�_Jqiwvalk_ F a ett Mayor Ra,idels a.c*pn if any 11,1eMr)ef, -:�Itaff o," ;ntetes ed partv desired to rernove aiw of items fix Mr Morganrecd yz .(j T,(-) reM(nip, '4 r, No. 3 iooiscussior sta,ing that Mr McMillin indicated iris desir'. iU al'tendarre ri 1%c ietter t=p ayor Randels f. -gad -3 porton of Mr McMillir's letter than read. 4 fc, postp,7)ne action cn R- solutior) 2:.rJ05-43, to a meefing that i -,ar) attend'. I w-)lAO )e Pleased :,,, accomrriodw7� the vvl,' h iDf Council feei 1,,r ,7 :_c,Jor) is needy ! ther, I am sure you vvill act accordingly ly ' Mr Pet os said not he ender the, iletter �o say that ,4 tr)e Council had any lssi_)e wit�i t' 3'-a'+}) lie r� he attend' M Morg an agreed wiTh the v, J: of A motion was made by Mayor Pro Tern H000 and seconded by Mr, Petsos to Approve C�onsent Agenda Items No. I through 7, f on the motion carried 5-0 with voting as follows', Mayor Pro Tem Hoog, F�or, Mr. Morgan, For-, Mr, Nicholas, For", Mr, P;?tsor.�, For and Mayor Randels, For. Motion to Approve� Landscaping Services Agreement with Greer Vades of Central Flor,,&. Mayor Rar-ideis ilig rmeci tnaT 'of Prcoosal IoT iandscape serv!ce,; jr, luaus': M, sxojainerl *re _osen fl --T-! �voui�--1 address ai,v large nrole,,I,��, -3`~ lama,; sraz,:ina on Pidq,,-��Aiood A,,,ienue Mayor Randels explaineo That 'andf-1 S�-ao�n*:Duidl oe --e—estem b? sed on the type C4 SelVice d needed MT Gard, IF*afFO—led -,oi 1\Y1r Pellsos ,-a.t ..he conpa,V agreed to a -3ingle installat;cr, servic-E" arjd�J need of ot rna -,ager �,Ir. Garfjuiski clarified for kl�, Ni,,J.olas that Nilc-a �, L,indscapirA ,acijlo sty;; m�intain r-ro"Ning and tree trimming on fac�,Oioes -3,,)s anc.i riT-of -vvaiF, Mr Gardulski, affirmed --7- 3 ii Li �Isi_ ---Irts 41.-o Mayer Rand -1 $T � A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the Landscaping Services Agreement with Greer Blades of Central Florida on an As Needed Basis, The vote on, the motion carried 5-0 with voting as follows- Mayor Pro I ern Hoog, For: Mr Morgan. For; Mr, Nicholas, For, Mr. Petsos, For and MavoT Randels Vox, re Zyl,@ Mr Gard-110-sk! lexcus-c-i r,;�-rsejf -cr- tne E,,, e eetig an,"Ji 1-_isked J the J -E Ca,jnci: h -,d a -i,. f M, Gar, state`th:: he 'e contact imr, Baughsr regarding the sidewalk adjacent to !-,is prop e& Ci� 4, - ,,- - �—� , ", �,� 7, � ...a C It 1, ciao n jow nipmec [n ?A rxygar ;no Aealluo o,,-1 R-Jigewood Avenue 0 via � I Nationai Ern,-m;rgenf,,V CrantWO. rkers play "tell, t"6no��se'rflO7- t 9 Motion to Approve: , Prebrinary Ba ht of Via Cielu,, James Morgan. Apphcan,, klr m--rla dis rla� nl!erest it -,",en , iti caC ;e, -t Vlayfor Randba amw Va e le Novembw 4 a,--- a7,irw ;jo-1 ,-:?fea e,,)f 2504 -el MF 47,f _.y a n"MQ .!)ea �300 � li lace fep� "a s� - 7, of '35. -feet four PaTk�ng a -y a f�e ;m�e, ors Atlorney Vaing Boam as it hns P vint must rlcrm�,�* a :.,,aaqe e iserrem ovey, tne rMerboi i area ; w t :n arc �, aw nFdoatom :V x, , ":� � r , -,, -� �,� �� h a jmytar�m ty m. rnr�gn il -y Av rig ai nN � aO 4, A mobor was mane by Mr Bi os A-nd semncled Ov Mr, Nqcholas to Approve the Fled "nary ileolat of ON Gwk. Javne,�oTgan, Applie-.ant Contingent Upon the Two State- d �t� the Rerommendabon, The vote on the mobon carred 5-6 syth vVnq as folio s, Mayor Pro Tern Hoog 'For: Mr Morgark Abstain. My jijubvil, F a,: Mr, Petsos, t--cr ars i Wiyor Randels. For ORDINWNCE-S- '7-'Ut0f; Hev", 11. fdoOon to Appmve Ord�npr,,:;e No- 2"& Amending Chapter 102, Artjcie I- T,3�,mor 2 arc voing Land Waring Wdera for Land that Contains m ON YYO! Clortain lingie 1- 'o -Fa nfly or 7,hree Family Resnknbai Dwel,-I,, 9 ,f 3`f�' i9"T� 9 reading, AMEND N CHAPTER 10; ARTTLE P BIVISION A (A` THE "YF ORDiNANCES REIATINC�' TC OLEARiNG 7 -OR SIVAt—, $CALL-' EXI','-.TlNG AND NEW RFMDENOA� OFOELOPUENO StjCHAS SINGLE FAMILY JUAITS, DUPLEXES TRALEXES RFOVS�ONS (*;,,F THREV ,",) 0- R �-EWEF SINGi,E FAMILY jj NW, T 71 F" ll°7 7 IN7D THF lz CAV of Copy Va UT a C! "i 'C 0 L.'r � C! e, 70 Page if. Mayor Randels Waimea Mal WE- j au'" cd Asoasec! the CAdY ince at a Cwerous City Cour)c"ji meet;n"-j", aqO reauepec the re, js!ons and toose reN/jsiors Vverce vVidal Mayo Ra ides noul, i.,�,ut jrie �ona rn wJi� The ianq;-;age that read The Bi. Jldlinq it oernit -)t the p, r-,v!sion set forth in Se-ficir, 2 A,;-� Mayor FRWQreap arr Se� 1 t�(, b) 0Rggj ire J. persor� shall ergage -n leg removai o, onc fi(s-t ootar,ir-ig a ia--id clearing permit isst,pd t,"Y the B jowng;Ii,?! OLirSU%1nt U1 SeChor '! C,2-',- 9 (2) uK)o-. receipt of the conCiie*d aponabon jidirig, sn*i not appy the requirerrients set for-th r SeNco" 02 ,40 apo s issue a lr3iiCS c.ieannq p�err it awriorizing the removai cif clear riq at an q tree tree) fort -nt -)f cny structur, approver ray a Of, Oeielocrnend, Mer ! 2! I Oe ,---n-ovao of trey s, no -A io(-,,ated vvithlin tootQm,,t aoy Stric twe appovel nv a Chy jEn orde, 's subj,�ct to V -,,e criteria set QWit -102A or d A tho E uddmg WIna! may nog ssue a land clearing pennq tale! anv oqu-r Lonses fc or cie, 3iing of --,peoir-nen bees I he ren-nvx x specimp, Tsai is sAbrc zexa-,,#;cm , nder 4 1 Mayor Randels exxvlr'ed 3; ,,j, aq-� kAias ava Sangea ron sogie fan-idy and hmo or Pree f am jy a eve bpaisvv in -,, ,irn, a! 3 sr-i;;e I a"'veioprren,,'. Attornev '.�araanesE eypaate o Wait a esiderTaj de-velopnient as defined !:; lhj i raman-e has r,Cfe permitl;r-� ocedures firc r -n �arqe,scale,-�n!ts The def rmon cf a sounnsonve ovAg-val aevew owent identTES unIs inat inbudEe existing resdento ndlye'acro y t. ,v arg in, dwexes otnp exes -)r ard wnich is sublert Oa a Aw autho.,--)g, u;:.�(nstruc -!Or of a -iew residentia: single raMy, dWelopq 11 r ouple)( -od subd° osion 'SIV 7n three or less sirgi,�> - tardy o t. on un us "woe arri,; To this Categar/ hA Sj VC7 _C)kj�� r Pat Camobep 3.3 :,. 3ked fir. . cA yilcahoq or th a footornt as well as moat was aupmqaa rx, Me Qao- m PA, Z,,-,r,y-q oaro re`, uested --,i?4r1f1Gaior Gori the sccoe of �h- Y Ar; ney Gawanese exr)+,-ain,-d triatthe ordiriance wouid pro,.,ide stawaWs mayng He Fesponclea to Nk Campbel, that iivie is Mann q e�Wnp dwOling uris as,,Aiel! as dw,-);exes alz."oJr-inq singie-iami! , dwellirins urr�,-. durdexes Tno1exen �� nunMysTos,oln''Knee m,,-�.:j.ling khat.a cle,4eioornent order has oeer ismai q !Me 1 t% AVorney lhrqane�,e, expj-:D- nec' fL,;,r7��ieiz thalf a person aojuves a WyIwo r4"er 1 c fog 160winq a ziingie-f.,-�mliiy Qucklre ben Tees o3r uE rwoc,co an 3 -,fogr4v,-,iihir fhefoctjxint. anVN,Aihe-t,-,a'S(-) the� VQ (50 n3v in i ,,�i.ye pe m, bcased crithe Wer a *1 oiher df-i-lo .rnems Speumen't'ree svl(ecuires Citv Cou-, -,0 -he!etcry , no =e of vn& :001rance is nore mr-inent %1r Carnpi,,,eli nett-wo ract to A Inquaoto swing 4at --i�-.e E-.iii6rici (',,fficiai stallic;sue a ru -wnc�e on, rev Y voky, loci founrir Astorr vy Gag nrese Oat WON rlt `4,ry ro lopm Wes it at:�c. C!--, t�, y = siie Mr -,?v ss�je Mavy KOMI; �� -P Vig nt-,:7" im o ��!,,,,�Ihcat!on to iirbude �tpr-,, 7@090 �"Wjg VOW �i ples �-,Fc� 1,j sne; G oex �t m of Secton 10205 L AW"n?, An e3o slow 01 fhT Te cl 0-3�`CG, encouray q NOPCO& m Sol, a 10-7 A hq�— X,Q W&A 3 714 xJF,;, coder W saWim, o -ns U Vans. m! I- vew ne gris wk-, Const; w -Y) R a ir, d Ed s 9 a t I) a . Vy"a -C w nems �)Alr moa � 5-e� 1 homes ;Vornev GAvmene n,M�s !"W& Wey vould ac Ims W; QVIrS N) gan a wawer Avvv- - 1 W oo,"'.J 1 !,�� 1= c-),rcj c o, i � I d b c j 7 w - - � P fw� 1 "A P�"O 09"Y v Gaqy, Ose aW mu W mar "Oed mul V "e arle, 0 -n -1 4w,5 a do wo Onale It BOW& -Aded that the, was a Y a _;:+, d', 7y" A qe-- at:�c. C!--, t�, y = siie Mr Pic Wax vsken at o., ale m r t m I "lay QK.—e �,irg ainy atavc-t�� WNW im o me V"r 11SCOVels"! AP ng ?�e 3-1 AP- 7@090 �"Wjg VOW �i ples �-,Fc� 1,j sne; G O"N R&O 04y, Ant WOOS at numal wma�ns! condban s WiT V 4s CjqV s &7voossrow An 7 P4 D - -vj i w-, -nat `01 - Worm a rcov,lF own Y X,Q W&A 3 714 3 it'3,' S q� A trobar was made by W, and sere" ed by Mr: M,-)rgar, t,,-) Approve Ordinanc-.,,: No 71 A, 00 at Or-st R(;;-,,j!nq. 7 nr, ,vote on the r iotion ,,.arried 5-0 with vatinim as folkRw(--,Maynor Pr-) Tem Hooq �or; W Moan- �orMr. Nicholas 1001V NO %tsas Fo, a -I -J* roal�,-)TiP-Irlrels T"Or 12, Mlohon, Uj AiipTovt- V 01 C 40,,) a ti, 01, 3r. jar.nes My -gars, Applicant. NI! Morq,-3c 11l'Slosew no ne —en E Wn �, --Yrsc Nin ch ED to fvv,ma, querest m rime posat It ��PF im o me V"r i� 7rwc ccT-ljitona0Y a;-,cnove the Sue Ran xim me kro om Go L i�s condban s WiT V 4s f I Fityk,o,4earar e er �I rvl- A -, .,,.a-, Vy"a -C w nems �)Alr moa � 5-e� 1 &gm SO Em inn. I A 1�0. 01 Qon Ohn tip up- eg a! A motion was made by Mayf.,r by N�aVor P-o Tern Hoog to approw, the Villa DejcSite Flan, James Morgan, Appijcant with Conditions as Tney Pertain to ,'fay FEngirseer's Reqwrernews_ The vote on the motion carried 50 with vobnq as Wow�v Mayor Pro Tem Hoog, For-. Wr. Morgar. Abstain ,° MirNirhoi,_is: ",I)r r Mr Petsos bor and Magor Randels For, DISCUSS& 13. No -0i, Atiai,#i,Avenur NO WhOas mauRsn- ar n7pow c n man t ate,.ers x n 7�0& INV `..Ad"' 4 19 OOVMF,''-, witon Dt ,scar vlaN, V oo; ewd �w vernt, , e� A wit on i y one cutstarujin i 'Te,'-' �Wlme i a rrwDry it a, vroval contingen- uu)('3 We yno OTC 5 S a0pnWal waS SuDyCj to WS condo d" "1 WAVenUE0 NO thl-,", "Tt 0, te'"tiD` .,,r �9'0iay areas It Mov j a nueV"i,,_:r a, d a reCeWeO S45G OT to- OF T� Mayor Ra t, cnq&Pq: me )wli 1 qn kyepy g MS? SnyrjWaieT area -pp toorn {it hns N! Ca TTnrl anks n 3po 1p iumbe 0 narwa,j �';oac Mav` - 7, 3 r e i,S 0arifie(j ih-,it tne pawonj 41jul-, ve wp_i-,-,,,-;> -r,ir r ;elf ,;, •+ he 3aw-, f , ", �.) , � � -,'i ^;C, r , , 0.e access managemenjoir 2n, 47�7600"W A motion was made by Mayf.,r by N�aVor P-o Tern Hoog to approw, the Villa DejcSite Flan, James Morgan, Appijcant with Conditions as Tney Pertain to ,'fay FEngirseer's Reqwrernews_ The vote on the motion carried 50 with vobnq as Wow�v Mayor Pro Tem Hoog, For-. Wr. Morgar. Abstain ,° MirNirhoi,_is: ",I)r r Mr Petsos bor and Magor Randels For, DISCUSS& 13. No -0i, Atiai,#i,Avenur NO WhOas mauRsn- ar n7pow c n man t ate,.ers x n 7�0& INV `..Ad"' 4 19 OOVMF,''-, witon Dt C en t ra x Al 3� �e-;: eac�cor St aril, Port �,Yle 0W Wn iy,ner ly v `it i it i,,., withir a7,1 1 �l nnC5 WX Me 7 jUMV OFSHES 70 tYr e VD Cc hT loucne, w on V, x 10 7 "y 141 W n�SAE 4) nke on, Nook Qu3nQ WAVenUE0 NO thl-,", "Tt 0, y7enf, rT-n;,.,.ec,; vin c ihe frio-1 aye horn (Dent a! tc, C"nolow'-, t,_:,0ed 're {„ w reCeWeO S45G OT to- OF T� ilr?' p'rte lo We- I'll E jCn&- f"-=rAej tnat Nt Nyrcm; He aWn :M .yn yna exis ant me mW1 kl, C,cuche 3aw-, access managemenjoir 2n, 47�7600"W issue ir januaiv NY Wnc!as on acTy T -w SAW J55 VAing kh Ejoucler rervi!ed lnria» ',he lr=,m flac Sr it vnv ti,,im-is No Nxfcms Terlwd WIT no lvs" "o fo or North Az!,a itis, �,,4en�v and 'W. I F 'ROL J i fir W; Sharron 1�-�7,9r eqs nxrvss,c ing now K'', lc,!, gr",,,x Noz,-rr rt!c Avenue W unneo iat 9 a -at sup Eyn f) 71 -3ffitt. M f 9ou - 'n uxwxgm • �?l Boi �7 if knj a�skeu I theCounc,41 Jesired to cancei the next City A motlo p wa7; m;"io,�� 4(,)oq to an Add ... On ke , �o 7 �,e Via') e ;ration ca,"r!ed Wqth, voting a-, Cc)floo, A#Ayoz Pv,er'i Hong, t W,-, 4ort-an. Fo,�, W Nif.hollas. _Jpd t, -,V Mayo -A C) o q A motion w.) -s W �?,nd !"19 To Cancel fl,-4-utmg hs-, vcte ;n tllv� motion carried 5- with voturiaA -4 v, Tem Hocig, * or: W, organ, For Mr P 1 j, 2, S tzi io,Ya'inn 290 A s tran A, i,� t B I v d to reauCi, 1 S7 of Y C C tv Y r n!,;Sed 0,;l -ounty rk, 'I) r,� C 10 '-1 0 t P VV",)U L 2, S tzi io,Ya'inn 290 A s tran A, i,� t B I v d to reauCi, 1 S7 of Y C C tv Y r C C 0 City Attorney 6 Wyna-'� AUDIENCE TO BE HEARD, Mr Bill thanked Citi, staff to,,theu outstanding seaport ir a,swevnq bus quectc 3 CAN counic", Mr Nicholas 0 pq(, , 2no. LUMM-MM tOr pelts t:; _); an of $4 milhon of C ty's property tax Winc 1 D,mv thao& ied that _Iae the C C)MY nas r DI Dva uec 0 v,oleo ity t a A tj lr�jiri WAgan • kit MOD3 mnfed -nn itigation r, i the Cape .'ante project Mr WneV mphew va? -q - La" -P - mool o row ied wt s "ovvqver. NI Pets v n icnea no 7.T K agrsprnr-�nt ir_)r !,he ,-,ape View PiaVground Gel C2 O e is - "0" e cl, cz d It -t; For viervas -0 1 10ye,'I -,-" e�'4zbjisil, a staward for wheke sexual predators are ailav,d Mr Morgan 0 ky v,hec- 01"n Q Aaff and ine audena7e a IMerl-v Christmas ant Wavy Nov, Yew Mavor Prr, ler ,i F,Qnor 4T, v, wig- 1 gnu, c 3"no Mr. Saughetr% buff ,r and dirainage ditch To- ih Qau?hy klavot 1 s -Fr "Do 3sKe iovv -e WorMila Megaslore landscape plan �vlavcr P-:-) 'Alooa a-mvi v ed the Saace Coast Le.-gue of �(',ities meeting or Manclay, December 10" of t�oLi R�-q; 1,7p -emoe n1c M ':,�ande% assea ,he City Christmas gift exchange ch r og th- 4: A 33St t w.e& fjjr ier 1 n, C qy S 4n, • fl Ranans 1W lqhn,-e Y renupst ^.r' any arhfacts unrovered outing corstaKon fie x 5" -its .,at the Cov Abor rev mould reseairch . tae. e;;nEpq torqr jai QOS Q C sborne Mated that a Imoconvamy fouin 5 te,; and ne rev uesed M they be put asde 11-r At devs IN e DO xne ;; We, was rrale parr OT t e. e, ret: ,,Fl r'Vit son, se • Ma o,. Fammm; asked abc.i the modej Fhutfle project ",vl, 3 tela '�, rn Sea, ;waw q nm,,-,,, artic Qateci htyqan suppe--,ecl seek, !ceas he yo Rapoph Pu )w couia, rvt find City ccle that addresses We crearn wending KA tOwner Termc., 1 -3 nevedec; 3 Scruess to zMay, a- �� m L WX13, Or V P !"� Coy Movar sparrKs f:11 30tiryn - y- �,e � ,, e of LAW Ma, rw W evorwo ; 3wann & " _ s fical -1 �,,e 1 0"4a QQ OF Pin' 1 in") WO ea& 49 MY S, W a S'en ,: - , r Mlo-ga'.1 3 oats i,cn Parnos, av& nN v ETnco T a V 0 a e C- � o e 'i I r s i o qa t,-; �, M c, n T. r! a q i r -a e d s a r 'i i Omar, R r0l_ -C"'ntTIF ji`j'('y wo'd PKidable ri. -)njF 3n;-, Toere 7 i!Fv .. nAp 90� mej Ov -me* ng at 910 P M FOR PT FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS - MAlL' NG AD P�� - - _ �.,,a. 5 _N `t1tlHC MUIS T BILE: FORM 8E? Th:s form is se a / __ a' corrmiss:cn, a_.. cnte._ ._..__ _ __ _. _ _ a_..ia� _ _ _.'ese'ed a vcfir Yce tr respers p Jtles __ `.ne ?+'i .i _ _ G rte �c f da _cec ndir ea"'J on wre.; ger yo_ ncld a. -.'le_'l✓e cr a�.. _ _ _ - _ en _ , c is `c-rn before cor.oletirg the -evers _ _e a INSTRUCTIONS FOR COMPLIAW7E WITH SECTION 112.3143. FLORIDA STAT UTES A person held^g elec r✓e accp r-`. _ A STAN _ _ ir'�r cn a neasu-5 whic^ mires t0 hIS Or ne( Sp2 a ^PVa^ie Ca oss —11 - - I -- _ - .? 1 3'sC 's 0, '.h,blte . :r- K" 3,v-cly voting cr a mea- ' sure which inJres to th., SDe;a! oa,r. c '..cs3 ^- a C— `bar - , ece CV J'Crr -e (..- sre's —'31red !.InC'�l:ding ij'?.= parent organization or suts!diar✓ c` a _ at_ _--,-a rec c the s ^ia oss of a relative: cr to the special private za r oss t a -eCe✓e opme_ t a,_er c'es ^.der Sec 153.355 c, 163 357- F S. andC- - r a et r ''.:p_ _ , , r -c - ,.`met+ t' .s:.5 ?r.. ^_ ";r i"J�to-{ 'roti ` otirg the, , capacity For purposes of this !a.ti ? 'rela'ive n _" ,toer da ^?er n� ;-arc „i ; - rhe, aster fatne�-in-law mother -In-law son -in -,a%%'. anC r3,dUC^.1e �.,-'aSb - -> >Sai;.. ate �8''s -::"V De er- ty eCGage- car ; rg Cn a CUSIneSS enterprise wits _ �v . c sh _ :crcor r the cif,,,e' as a Da'L,er C _ 75 .r� gran titer_ -� a�'� 'ne atl0 are ret!isted c any n r^a, cr'ecic, ELECTED OFFICERS: In addition to aostainm a _ .. _ �_�.. - ,cnf �- PRIORT E �' T ��' .:�t �� c -NL _K= -'_ _ _. _ e _. ,✓- _ _ _-s: --n.. o^ ,tip:c,,, „o are abstairir.g `r_ . trg VVI THINDA — - - - - �� _- �. �--. r: - ...c _ ._ - : •- ; _ �; _ mss: rd' - utes ct — - —ee' _ APPOINTED OFFICERS; thcugn vcu -_, ac�.� r _ ... _ .. - mL:st d�SCiOSe ,-e ra'❑. ^e .*:_.... _._'� e _.,a..., _ _ ""?..ti....'`'e' ^_..., 'you or =t bC:.- IF . _ !N-=-',- -- ; -r notes _ e meet yr _ _ - _ _ - s de CE --JRM 5B - 7 ' 2C k' - ---- - ---- -------- - APPOINTED OFFICERS fcortinued� t-- 7-1 F ' MAKE N�D You sc:o�n DISCLOSUPEE -OCAL OFFICER'S INTEREST 'a meas�,--Mme r u 7 et sc-- a*e ruret the sce- a -,;,a - Z- E rure! the s 7 e - ga - rureJ '-- 'he s:,ai :a- 'cam s *te carert to) The measure befc— B -q aq�elrc,,� -3F Da -e =;'ec NOTICE: S C L 7- SU F E CONS—, T- 1-- Es C "'—s EA ENT, EMCVAL C=< S U S E C, \4 z, , —C7 ,LAND CR C:'v ! L P E N A c x - FORM 8B MEMORANDUM OF VOTING CONFLICT FOR -- COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 21— — _ - -- --- i r . ttli— rw1!;ST 'mIL= N C, PV ?B This tor^- is . . em „s� ,a � �,.. _ ._ .,_ __ GCr missicG- a C^; cr _� �_ - = _ - ? _ 1 S ;ed „ Your resconsi. re _ - - - ties as _ _� _ _�. _ ._ .. a ..0- on .0on whether c he'd v e ect = CTa - - _ is `c be;or= cornplet rc -,he avers INSTRUCTIONS FOR COMPLIAN -E WITH SEC70N 112.3143 FLORIDA STATUTES A person holding elec Cr a ,rci^ _: _ _" `'Cc A� aTAIN J_'nti _ n- measure whit- Inures to his or her spec.a cr va'e ga; eSF' _ _ apCG. _ - _. r?r a'3c ':S Dr' r,iblted 'rc"' ictlnc on a mea- sure Which Inures to th_ sceclai aa!, CSS _ ,-c. _ _ - by 'h e oF _ - s ,_ta ^F:rq /indUding parent Organ!Zat'en Or Uc:,'d!a.p of a _ _ c 'he s: eClal 7a,r C CSS of a relative: e' to the special pr,vate g3i7 or oss 3' a -us -eSS as.,x 'e:eve c—ert 3cer.es _ �^der Sec- 163-356 c- 163.357. F.S- and cffre— o4 r.:_pe� zE:_ ^c' , opt_- f01 .,ot7n7 in thar ca oacity. For ourposes 'his la.r t '-ela e r -s 7,C,~a �'� � oa^o ,•n*- � +tie mother -In-law. sen-In-iao, 3rcc h 7,uCn'ea`.,•� �. •,,:: 5 ?`�:a.-y 2 ;r en- `V ennagc.., �,c,�../'n r a buss _ _. _ mess enterpnse wi'^ re onl _ _ _ ._ c C Ar... ''ef'0 ."ar"� �'^,e .,Crooratlor, are not listed cr 3 -iv - r ELECTED OFFICERS: In acditior tc 3 .'alr!nc PRIOR 7 C THE 1_ _ 3_ Nt; K `a _ .-.__ - C Vo:_ are absto c , _ WITHIN DAYS utes of _ -^ee' _ .._ _ _ _ _ _ APPOINTED OFFICERSn Althcjcn vcu w _ _ . .3 Vo must d'SClcge •^e ^a;,,r .._ Cy /Cu or a* _ TAKEN "E zORb1 Q _ - _, _ - -=GE a A- �� r u reJ _ 3 - _:r - rure e rune' the . _ _ N^C- =.m -ea �s the Dcreri _ ;,r - - - p, The meas(�ra oerc _ --v Da_e =i_ed 2 WhiGr NOTICE,5� CRE 'A'S'" CONS T `' . =.S GR =AC %1ENT REPAC%,=!'AaN CV � PEN,-:- NC- 1 hal Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Consent Item 2 No. Resolution No. 2006-01; Board letter; Application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-01, APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2006-01, appointing Catherine Barnes as a regular member to the Board of Adjustment. Summary Explanation & Background: Ms. Barnes' term will expire on 10-01-2007. Exhibits Attached: Resolution No. 2006-01; Board letter; Application City Manager's Office Department LEGISLATIVE Jl �, ',,_c a pe,��nt\kim\mydo(juments\admin\counc-�,ae_eting\2006\01-02-06\2006-01.doc RESOLUTION NO. 2006-01 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT 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 Ordinance No. 11-2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Catherine Barnes is hereby appointed as a regular member of the Board of Adjustment of the City of Cape Canaveral, Florida, with term to expire on October 1. 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 3rd day of January, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST E- o Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY Uate: November 21, ZU05 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Constance B. McKone, Chairperson, Board of Adjustment Re: Recommendation to City Council Regarding Appointment of a Regular Member - Catherine Barnes The Board of Adjustment interviewed applicant Catherine Barnes to fill one the regular member board vacancies at the meeting held on November 14, 2005. The Board unanimously recommended that City Council appoint Catherine Barnes as a regular member. Please schedule this member appointment on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 . FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral&, cfl.rr.com CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY Pursuant to Section 2-171, Cape Canaver, 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: 2. Home Address: 3. Home Telephone: - 4. Occupation: JtA 5. Business Telephone: 6. Business Address: ,S t�U �� i%, rr r L �f�� 4�-e 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. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. if yes to 4a, please list each: (Y)_t (N) m ;l (N) m cN) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being — appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) "xi N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. 1 2. 3 4. INTERESTS/EXPERIENCE Briefly state your interest in serving on a City advisory board or committee: I board or committee: 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:�[Zji / G!12 �� fj(.0✓7TH /� G�/fit'//�� In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: Beautification Board Board of Adjustment* Business and Cultural Development Board Code Enforcement Board* Community Appearance Board* Construction Board of Adjustment and Appeals* Library Board . Planning and Zoning Board* Recreation Board Other. *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Fonn 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: Please return to: City of Cape Canaveral Office of the City Cleric 105 Polk Avenue Cape Canaveral, Florida 32920 Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Consent Item 3 No. Resolution No. 2006-02; Renewal letter AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-02, APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2006-02, appointing Martha Carroll as a regular member to the Beautification Board. Summary Explanation & Background: Ms. Carroll's term will expire on 11-01-2008. Exhibits Attached: Resolution No. 2006-02; Renewal letter City Manager's -Office Department LEGISLATIVE cape-ntl�rt myd6cuments\admin\council\meeting\2006\01-02-06\2006-02.doc RESOLUTION NO. 2006-02 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION 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 Code Section 2-181(a) created a Board known as the Beautification Board; and WHEREAS; it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cap= Canaveral, Florida, as follows: SECTION 1. Martha Carroll is hereby appointed as a Regular Member of the Beautification Board of the City of Cape Canaveral, Florida, with term to expire o i November 1, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of January, 2006. ATTEST: Rocky Randels, MAYOR :�M Jim Morgan Leo Nicholas Susan Stills, CITY CLERK Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY FOR AGAINST Page I of 1 virginiah From: Carroll Martha M GS -11 45 CES/CEVP [Martha. Carroll@patrick.af.mill Sent: Wednesday, December 07, 2005 9:05 AM To: haas-cape@cfl.rr.com Cc: Cathy Hardy Subject: FW: Board Term Expiration From: Cathy Hardy, CC Public Works [mailto:chardy-cape@cfl.rr.com] Sent: Wednesday, December 07, 2005 8:51 To: Carroll Martha M GS -11 45 CES/CEVP Subject: Board Term Expiration Martha. Please get with the City Clerk's Office regarding your Board seat status it expired November 1st. Contact Virginia Haas at 868-1220 or Naas-caPeCq c`Lr-.ccm Thank you. Cathy Hardy 12/7/2005 I IG V VCJJI III IIJLUI I r\VG. Cape Canaveral, FL 32920 Dear Ms. Carroll: ;ity of Cape Canaveral Your term on the Beautification Board expires on November 1, 2005. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, January 3, 2005. Thank you. `0 1 DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Beautification Board, Regular Member Sincerely, Susan Stills, CMC CITY CLERK 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: 01-03-06 AGENDA Heading Consent Item 4 No. Resolution No. 2006-03; Building Official's e-mail regarding vacant positions AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-03, APPOINTING A REGULAR MEMBER TO THE PLANNING & ZONING BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2006-03, appointing Harry Pearson as a regular member to the Planning & Zoning Board. Summary Explanation & Background: Mr. Pearson's term will expire on 09-15-2008. Exhibits Attached: Resolution No. 2006-03; Building Official's e-mail regarding vacant positions City Manager's Office Department LEGISLATIVE 11 cape=ntNkim\my�ocuments\admin\council\meeting\2006\01-02-06\2006-03.doc RESOLUTION NO. 2006-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR 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 a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Harry Pearson is hereby appointed as a Regular Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of January, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST :3• W Jim Morgan Susan Stills, CITY CLERK Leo Nicholas Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Page 1 of 1 virginiah From: Susan Chapman [chapman-capea@cfl.rr.coml Sent: Friday, December 16, 2005 10:48 AM To: Virginia Haas Subject: FW: Absenteeism - P & Z Board Members Todd. Alice Filteau, regular member of the P & Z Board.. has been absent from (7) Board meetings within this calendar year, and, therefore: has been automatically removed from the Board. Please forward this information to Susan Stills so that she can send the appropriate letter. Alice Filteau was absent at the following meetings in 2005: May 25; June 22'. July 27; September 14: September 28; October 26, November 9. Shawn Schaffner, 1 st alternate member of the P & Z Board, has been absent (6) out of (14) Board meetings since he was appointed to the Board in May. 2005. Shawn Schaffner was absent at the following meetings in 2005: June 22; July 27; August 10; August 24; November 9; November 30. The P & Z Board has one more meeting this calendar year; if Mr. Schaffner does not attend on December 14th, he will also be automatically removed. If you have any questions, please let me know. Susan 12/16/2005 P&Z Board chanes virginiah From: Susan Stills [stills-cape@cfl.rr.com] Sent: Tuesday, December 06, 2005 3:14 PM To: haas-cape@cfl.rr.com Subject: FW: P&Z Board changes From: Todd Morley [mailto:morley-cape@cfl.rr.com] Sent: Tuesday, December 06, 2005 1:23 PM To: City Hall Boucher, Bennett Cc: City Hail Chapman, Susan; City Hall Stills, Susan Subject: P&Z Board changes Bennett, Alice Filteau has been removed as a regular P&Z Board member due to excessive absences. The first alternate is Shawn Schaffner. Please schedule a Council agenda item for consideration to appoint Mr. Schaffner a regular member. Thank you, -Todd Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1222 svvwvv.m;rflor;da_cocape E-mail: morley-cape@cfl.rr.com Fax 321-868-1247 12/7/2005 Page 1 of 1 Meeting Type: Regular Meeting Date: 0 1 -03-06 AGENDA Heading Consent Item j No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: UTILITY EASEMENT AGREEMENT WITH AIA ACQUISITION GROUP LTD., LLP DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of a utility easement agreement with AIA Acquisition Group, Ltd., LLP, as recommended by the Planning & Zoning Board and the public works director. Summary Explanation & Background: See attached easement agreement. I recommend approval. Exhibits Attached: Public works director's memo; P&Z memo; easement agreement City Manager's Office Department PUBLIC WORKS cape-nt'-Vim\mydoVuments\admin\councilfineeting\2006\01-03-06\AlA.doc City of Cape Canaveral 14, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: General Easement Agreement - Residence Inn ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced General Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 105 Polk Avenue • Post Office Pox 326 * Cape Canaveral, FL 32920-0326 Telephone: (1321) 868-1222 • SUNCOM: 982-12'22 • FAX: (321) 868--1247 wwwrnyflofida.com/cape • einai?: ccapecanavml@�cfl.rr.com Meeting Type: Planning and Zoning Board Meeting Meeting Date: 11/30/05 AGENDA Heading General Easenent Summary Explanation & Background: Agreement Item #3 No. Department: Building Department AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Residence Inn — General Easement Agreement DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Residence Inn, AIA Sidewalk and Utilities Easement. Summary Explanation & Background: The City has been acquiring easement agreements with property owners along AIA to construct public sidewalks; sewer lines, reuse water lines, stormwater lines, and landscaping. Exhibits Attached: #1 Signed agreements and background information. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley, Building Official Todd Peetz, City Planner FROM: Ed Gardulski, Public Works Director DATE: November 14, 2005 SUBJECT: Planning and Zoning Board Agenda Item for November 30, 2005 Approval of AIA Sidewalk & Utilities Easement Agreement Al A Acquisition Group LTD LLP, ( Residence Inn) Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. 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." As part of Residence Inn site plan review, the President of AIA Acquisition Group LTD LLP, Roger Dobson, requested that the City of Cape Canaveral accept the sidewalk and utility easement along the west side of AIA. As a requirement the sidewalk shall be constructed to City standards and grant a ten -(10) foot wide Sidewalk and Utility Easement Agreement. The Developer has agreed to construct the sidewalk to the City's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Roger Dobson, President of AIA Acquisition Group LTD LLP. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Sidewalk and Utility Easement Agreement with AlA Acquisition Group LTD LLP. Attachment Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 EASEMENT THIS EASEMENT is made this 14th day of November, 2005 by AIA Acquisition Group, Ltd., L.L.P. whose address is 3425 North Atlantic Ave., Cocoa Beach, FL 32931, located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 10 foot wide sidewalk easement along the right-of-way line of State Road A -1-A and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove sidewalk, landscaping, utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas Telephone (Bell South) and communication lines, and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Pagel of 2 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: STATE OF FLORIDA COUNTY OF BREVARD GRANTOR: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared eZO�zy L�0b,0AI to me known personally or who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of O , 2005. (Notary Seal) """�' • �1 DONNA - Sta6Eof F NOTARY PUBLIC Notary Pudic - SIaN of fktib Comm. Ew ss May 4t My Commission Expires: ,•••• commission KDU,20S61 Page 2 of 2 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY SIDEWALK UTILITY EASEMENT N. LINE OF S. 3316.80' OF SECTION 15 WESTERLY RIGHT OF WAY LINE OF STATE ROAD A -1-A 0 37.5 75 150 GRAPHIC SCALE EXHIBIT "A" SHEET 1 OF 2 POINT OF COMMENCEMENT INTERSECTION OF N. LINE OF S. 3316.80 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A -1-A s rn �. .spa F 12. OUT PARCEL 1 4LEN ngineering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 WEBSITE: xwx.alleneng.net - EMAIL: info®alleneng.net 1. 1 REVISE EASEMENT DATE: 9-02-05 JOB N0. 030025 3 � . OUT PAf CSL 2 i i i o� T n� \ vv% 0. SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION Et NOTES 11-10-051 PREPARED AND CERTIFIED FOR: DRAWN BY.- DJG SCALE- 1 "-- 150' AlA ACQUISITION GROUP. Ltd., L.L.P. DESCRIPTION NOT A BOUNDARY SURVEY SIDEWALK UTILITY EASEMENT SIDEWALK UTILITY EASEMENT An easement for the construction installation and maintenance of sidewalks, landscaping and utilities, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being a portion of those parcels described in deeds recorded in Official Records Book 5288, Page 2196 and Official Records Book 5288, Page 2196, of the Public Records of Brevard County, Florida, being more particularly described as follows: Commence at intersection of the North line of the South 3316.80 feet of said Section 15 with the West right of way line of State Road 401, a 100 foot wide right of way as shown on Florida Department of Transportation Right of Way Map Section 70080-2202; thence S37'21'10"E, along said West right of way line, a distance of 506.75 feet, to the Northeast corner of said parcel recorded in Official Records Book 5288, Page 2198, the POINT OF BEGINNING of the herein described easement; thence S37'21 "10"E, along said West right of way line, a distance of 448.77 feet to the most Easterly corner of said parcel recorded in Official Records Book 5288, Page 2196; thence S52'38'50"W, along the Southeast line of said parcel recorded in Official Records Book 5288, Page 2196, a distance of 10.00 feet; thence N37'21'10"W, parallel with said West right of way line, a distance of 456.55 feet to the North line of said parcel recorded in Official Records Book 5288, Page 2198; thence S89'28"37"E, along said North line, a distance of 12.67 feet, to the POINT OF BEGINNING; Containing 0.10 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S3721'10"E, along Westerly right of way line of State Road A -1—A. J. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 LLE.N ngineering, Inc. SURVEYORS - ENGINEERS 106 DDi1E LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net J. 1. I REVISE EASEMENT 11-10-05 JOB NO. 030025 I DATE.- 9-02-05 SURVEYOR'S CERTIFICATION: I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the 'Minimum Technical Standards," for land surveyin in the State of Florida, described in Chapter 61G17-6, Florida Adm' istrative Code, pursuant to Chapter 472.027, Florida Statutes. Not valid without the BY.•_ u l signature and the original j OBERT M. raised seal of a Florida Professionc licensed surveyor and mapper. Florida Res PREPARED AND CERTIFIED FOR. AlA ACQUISITION GROUP. Ltd., L.L.P. r & Mapper No. 4262 Brevard County Property Appraiser-- Online Real Estate Property Card PmQPerly App a:i r, r ua r+ C�c�iu ty 1 ya P rc ,a l �rh [Home] [Meet JimFordj [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [locations] [Forms] [Appeals] [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities] [Tax Facts] [Economic Indicators] [What s Newt [Links] [Press_R_e_leasesj [fax Estima..tor) General Parcel Information for 24-37-15-00-00829.0-0000.00 Page 1 of 2 124-37-15-00-00829.0- [,:4] MillagParcel Id: 26G0 Exemption: Luse Code: 100 0000.00 Code: * Site Tax Address: Account: 2454530 . Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: AIA ACQUISTION GROUP LTD LLP Second $0 Name: $654,050 ailing $0 ddress: F 3425 ATLANTIC AVE N City, State, $654,050 Zipcode: COCOA BCH, FL 32931 Value Summary for 2005 ** Market Value: $654,050 Agricultural Assessment: $0 Assessed Value: $654,050 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $654,050 Legal Description PART OF FILLED LANDS W OF ST RD NO 401 AS DESC IN ORB 3949 PG 1127 Land Information Acres: -1 2.73 Site Code: IL340 Land Value: $654,050 ** This is the value established for ad valorem purposes in accordance with x.193.01 l(l) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information 5288/2196 949/1127111/1999 814,800 WD 350,000 WD V W ../Show_parcel.asp?acct=2454530&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&GOP3/18/01 49Vacant/Improved Code Source 5288/2196 949/1127111/1999 814,800 WD 350,000 WD V W ../Show_parcel.asp?acct=2454530&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&GOP3/18/01 Page 1 of 1 4. m Fore F ,. R ev..40 Cau tyr: rope t A ?>l�? 4t, ./esrimap.dII?name=Brevard 1 &id=200511141002117784&Parcels= l &RoadNames= l &Water=l3/18/01 Brevard County Property Appraiser-- Online Real Estate Property Card J m,.rta C. F.A•. pr9,pertsy 4ppr,q_. sir, Ya � 5 r z�. h, YYArP [Home] [Meet JimFordl [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible_ Property] [Contact Us] [Locations] [Forms] [Appeals] [Property Research] [Map Search] (Maps & Data] [Unusable Property] [fax Authorities] [fax Facts] [Economic Indicatorsl [What's New [Links] [Press Releases] [Tax Esfimator] General Parcel Information for 24-37-15-00-00025.0-0000.00 Pagel of 2 Use Code: 1 Qt}0 * Site 18959 ASTRONAUT BLVD, CAPE CANAVERAL, FL Tax Address: 32920 Account: 2444423 * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: 24-37-15-00-00025.0- Second Millage Name: $1,401,540 Parcel Id: 0000.00 leap Code: 26G0 Exemption: Pagel of 2 Use Code: 1 Qt}0 * Site 18959 ASTRONAUT BLVD, CAPE CANAVERAL, FL Tax Address: 32920 Account: 2444423 * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: Al ACQUISITION GROUP LTD LLP Second $0 Name: $1,401,540 Mailing $0 Other Exemptions: =1 3425 N ATLANTIC AVE Address: $1,401,540 State, lCity, Zipcode: COCOA BCH, FL 32931 Value Summary for 2005 ** Market Value: $1,401,540 Agricultural Assessment: $0 Assessed Value: $1,401,540 Homestead Exemption: $0 Other Exemptions: =1 $0 Taxable Value: $1,401,540 Legal Description PART OF FILLED LANDS W OF ST RD NO 401 AS DESC IN ORB 3675 PG 971 Land Information Acres: 5.85 Site Code: 340 Land Value: $1,401,540 ** This is the value established for ad valorem purposes in accordance with s.193.01 I(I) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information ./Show_p *** Sales *** Sales OR Sale Sale Deed Book/Page Date Amount Type Screening Screening Code Source 5288/2198 5/2004 $1,735,300 Vacant/Improved WD V 3675/0971 5/1997 $569,800 Wa �� V arcel.asp?acct=2444423&gen=T&tax=T&bid=T&oth=T&sal=T&lnd=T&1 eg=T&GoV'3/ 18/01 Page 1 of 1 J %m, F q r cif CFA: BrVrd CQ.u:n#: Frt,t A..e �,, maparh ./esrimap.dll?name=Brevard I& I d=2 00511141001246452 &Parcels= I &RoadNames=l &Water=13/18/01 Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Consent Item 6 No Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: UTILITY EASEMENT AGREEMENT WITH AIA ACQUISITION GROUP LTD., LLP DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of a utility easement agreement with AIA Acquisition Group, Ltd., LLP, as recommended by the Planning & Zoning Board and the public works director. Summary Explanation & Background: See attached easement agreement. I recommend approval. Exhibits Attached: Public works director's memo; P&Z memo; easement agreement City Manor's Office Department PUBLIC WORKS c pe-nt\-kltm\mydocugents\admin\council\meeting\2006\01-03-06\A1A.doc City of Cape Canaveral 14, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Utility Easement Agreement - Residence Inn ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Utility Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 107 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: ccapec:anaveraiCcfl.rr.com Meeting Type: Planning and Zoning Board Meeting Meeting Date: 11/30/05 AGENDA Heading General Easement The City has been acquiring easement agreements with property owners along AIA to construct public sidewalks; sewer lines, reuse Agreement Item #4 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Residence Inn — General Easement Agreement - Utility DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Residence Inn, Utility Easement. Summary Explanation & Background: The City has been acquiring easement agreements with property owners along AIA to construct public sidewalks; sewer lines, reuse water lines, stormwater lines, and landscaping. Exhibits Attached: #I Signed agreements and background information. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley, Building Official Todd Peetz, City Planner FROM: Ed Gardulski, Public Works Director DATE: November 14, 2005 SUBJECT: Planning and Zoning Board Agenda Item for November 30, 2005 Approval of Easement Agreement from Residence Inn Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. 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." As part of Residence Inn site plan review, the President of AlA Acquisition Group LTD LLP, Roger Dobson, requested that the City of Cape Canaveral accept the sewer main servicing the development. As a requirement the sewer main shall be constructed to City standards and grant a twenty -(20) foot wide Utility Easement Agreement. The Developer has constructed the sewer main to the City of Cape Canaveral's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Roger Dobson, President of AIA Acquisition Group LTD LLP. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Easement Agreement with AIA Acquisition Group LTD LLP. Attachment Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321)868-1240 �' BEASEMENT THIS EASEMENT is made this �% a of ��/ 2005 by AIA Acquisition Group Ltd L.L.P. , whose address is 3425 North Atlantic Ave., Cocoa Beach FL 32931 located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas and communication lines (Bell South), and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page 1 of 2 TO HAVE AND TO HOLD the same unto said Grantee and its successors and assi4,Tns, together with the right to enter upon said lands and to construct and maintain public uses thereon, xvith all sutch fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or conw-enient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Feasement shall be and constitute covenants running with and binding upon the premises herein above described anad shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any futuire change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on ::the day and year first above written. Signed in the presence of: GRANTOR: Witness STATE OF FLORIDA COUNTY OF BREVARD 1 Ro obson, President I HEREBY CERTIFY that on t before me, an offic duly authorized in tike State and County aforesaid to take acknowledgments, personal/ ppeared 66-jV-1 (2) %� /jam on to me known personally or who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledg*,ed before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid 1 -this � day of ,000 �6/2005. (Notary Seal) ....N..►.N.N..N...NH...HN��N MARGARET A. VONA UN% Comm# DD0400248 ,01' Expires 3/5/2009 EQ�z @an d thtu (800)932.4254: Zvi .EQ ''� F'_-.:.'.> NC!aryAssn., Inc ............................... ................. Page 2 of 2 POTARY P LIC My Commission Expircts: SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY 20' WIDE SANITARY SEWER EASEMENT N. LINE OF S. 3316.80' OF SECTION 15 POINT OF TERMINATION Point D POINT OF COMMENCEMENT INTERSECTION OF N. LINE OF S. 3316.80 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A -1-A Point C 0 37.5 75 150 GRAPHIC SCALE EXHIBIT "A" SHEET 1 OF 2 4LEN ngineering, Inc. SURVEYORS - ENGINEERS 106 DLYIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net 2. 1. 1 REVISE ESMT./DESC. 6-28-05 DATE.- 6-16-05 DRAWN BY. D✓G JOB NO. 030025 SCALE.- 1'=60' i i i Point B ,y2E• hp� 1 �a •.u� .y Cj� cn > ate_ -per r^ OAN �. \ `a ° ooe,�o�C 0�58hp /o6 0 SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION Et NOTES PREPARED AND CERTIFIED FOR: A lA ACQUISITION GROUP. Ltd., L.L.P. DESCRIPTION NOT A BOUNDARY SURVEY 20' WIDE SANITARY SEWER EASEMENT DESCRIPTION OF EASEMENT: A 20.00 foot wide easement for the installation and maintenance of sanitary sewer facilities, lying in Section 15, Township 24 South, Range 37 East, Brevord County, Florida, lying 10.00 feet on each side of the following described centerline: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Road A -1—A; thence S37'21 '10"E along said Westerly right of way line, a distance of 955.52 feet to the most Easterly corner of that parcel described in Official Records Book 5288, Page 2196 of the Public Records of Brevard County, Florida; thence S52'38'5O"W along the Southerly line of said parcel, a distance of 330.00 feet; thence S37'21'10E along the Southerly line of said parcel, a distance of 299.60 feet; thence S52'38'5O"W along the Southerly line of said parcel, a distance of 170.00 feet to the most Southerly corner of said parcel; thence N37'21'1O"W along the West line of said parcel, a distance of 10.00 feet, to the POINT OF BEGINNING of the herein described centerline; thence N52'38'50"E a distance of 160.00 feet; thence N37'21 '10"W, a distance of 352.68 feet, to Point 'A" for future reference; thence S52'O7'52"W, a distance of 75.70 feet; thence return to said Point 'A'; thence N52'O7'52"E, a distance of 76.00 feet, to Point "B'" for future reference; thence N52'0752 E a distance of 62.20 feet; thence return to said Point "B thence N37'11'45"W, a distance of 360.15 feet, to Point "C" for future reference; thence N56'O6'O6"E, a distance of 61.04 feet; thence return to said Point "C";• thence N37'11'45"W, a distance of 161.58 feet, to Point "D" for future reference; thence S49'S2'O9"W, a distance of 139.90 feet; thence return to said Point "D'; thence N5O'13'14"W, a distance of 84.22 feet, to a point on the North line of that parcel described in Official Records Book 5288, Page 2198 of the Public Records of Brevard County, Florida and the POINT OF TERMINATION of the herein described centerline. The sidelines of the herein described easement are to be lengthened or shortened to meet at the angle points formed. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S37'21'1O"E, along Westerly right of way line of State Road A -1—A. J. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: EXHIBIT "A" I hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of SHEET 2 OF 2 the 'Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Administrative Code, pursuant to Chapter 472.027, Florida Statutes. Ap, ----N LLE N . nglneering, Inc. SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net im 1. 1 REVISE ESMT./DESC. 6-28-05 JOB NO. 030025 I DATE.- 6-16-05 Not valid without the 7R, VaSurve signature and the original TN raised seal of a Florida ssior -Mapper licensed surveyor and mapper. a No. 4262 PREPARED AND CERTIFIED FOR: AlA ACQUISITION GROUP. Ltd., L.L.P. Brevard County Property Appraiser-- Online Real Estate Property Card 41m F©r , C.F.A. Property{ Appr ler Brevard County, F1 o -k it' . rop r Research [Horne] [Meet JimFord] [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] [Forms] jAppeals] [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities] [Tax Facts] [Economic Indicators] [What, s New] [Links] [Press Releases] [Tax Estimator] General Parcel Information for 24-37-15-00-00829.0-0000.00 Page 1 of 2 Use Code: 1000 * Site Tax 2454530 Address: L-- Account: * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: 24-37-15-00-00829.0-��l� Second Millage Name: $654,050 Parcel Id: 0000.00 Address: 11 Code: [6GO Exemption I Page 1 of 2 Use Code: 1000 * Site Tax 2454530 Address: L-- Account: * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: A 1 A ACQUISTION GROUP LTD LLP Second $0 Name: $654,050 Mailing $0 Address: 11 3425 ATLANTIC AVE N City, State, $654,050 Zipcode: COCOA BCH, FL 32931 Value Summary for 2005 ** Market Value: $654,050 Agricultural Assessment: $0 Assessed Value: $654,050 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: - $654,050 Legal Description PART OF FILLED LANDS W OF ST RD NO 401 AS DESC IN ORB 3949 PG 1127 Land Information Acres: 2.73 Site Code: 340 Land Value: $654,050 ** This is the value established for ad valorem purposes in accordance with s. 193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5288/2196 5/2004 $814,800FN-VD] V 3949/1127 1/1999 $350,000 SVD �� V /Show_parcel.asp?acct=2454530&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&GoV'3/ 18/01 Page 1 of 1 Jim Ford, GFA Brevard County Property Appraiser, - Map Search r L- - 1 r ti 1 Al I` Sy. JA r r., 247-15-00-00829.0-0000.0 -` ./esrimap.dl l?name=Brevard 1 &id=200511141002117784&Parcels=l &RoadNames= l &Water=l3/18/01 Brevard County Property Appraiser-- Online Real Estate Property Card Jim Ford, C.F.A. Property Appraiser Brevard County, Fi R . Vq Property Research [Home] [Meet JimFord] [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] [Forms] [Appeals] [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities] [Tax Facts] [Economic Indicators] [What's New] [Links] [Press Releases] [Tax Estimator] General Parcel Information for 24-37-15-00-00025.0-0000.00 Page 1 of 2 Use Code: 1000 * Site 18959 ASTRONAUT BLVD, CAPE CANAVERAL, FLTax 2444423 Address: 32920 Account: * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: 24-37-15-00-00025.0-�Nlllad Second Millage Name: $1,401,540 Parcel Id: 0000.00 Address: Code: IH State, Exemption: Page 1 of 2 Use Code: 1000 * Site 18959 ASTRONAUT BLVD, CAPE CANAVERAL, FLTax 2444423 Address: 32920 Account: * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: AlA ACQUISITION GROUP LTD LLP Second $0 Name: $1,401,540 Mailing $0 Address: 3425 N ATLANTIC AVE State, $1,401,540 lCity, Zipcode: COCOA BCH, FL 32931 Value Summary for 2005 ** Market Value: $1,401,540 Agricultural Assessment: $0 Assessed Value: $1,401,540 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $1,401,540 Legal Description PART OF FILLED LANDS W OF ST RD NO 401 AS DESC IN ORB 3675 PG 971 Land Information Acres: 5.85 Site Code: 340 Land Value: $1,401,540 ** This is the value established for ad valorem purposes in accordance with s.193.01 I(]) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information 288/2198 5/2004 $1,735,300 «- D V 675/0971 5/1997 $569 800 G"I3 V ./Show_parcel.asp?acct=2444423&gen=T&tax=T&bld=T&oth=T&sal=T&lnd=T&leg=T&GoV3/18/01 *** Sales *** Sales OR Sale Sale Deed Screening Book/Page Date Amount Type Screening [V:ac:a:jftt/Improved Code Source 288/2198 5/2004 $1,735,300 «- D V 675/0971 5/1997 $569 800 G"I3 V ./Show_parcel.asp?acct=2444423&gen=T&tax=T&bld=T&oth=T&sal=T&lnd=T&leg=T&GoV3/18/01 Page 1 of 1 Jim Forth, CF` Brevard; County Property Appraiser • Map Search ../esrimap.dll?name=Brevard 1 &id=200511141001246452&Parcels= l &RoadNames= l &Water=l3/ 18/01 Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Consent Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: UTILITY EASEMENT AGREEMENT WITH GREENE INTERNATIONAL DEVELOPMENT DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of a utility easement agreement with Greene International Development as recommended by the Planning & Zoning Board and the public works director. Summary Explanation & Background: See attached easement agreement. I recommend approval. Exhibits Attached: Public works director's memo; P&Z memo; easement agreement City Manager's Office Department PUBLIC WORKS c e-ntLkiur\mydocum?nts\a'+m1n\council\meeting\2006\01-03-06\greene.doc 4, 2005 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Utility Easement Agreement - Villas at the Port ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Utility Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 105 Polk Avenue • Post Officc Box 326 • Cape Canaveral, Fi, 3292.0-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 * FAX: (321) 868-1247 www.myflorida.comlcape • email: ccapecanaveral@cfl.mcom Meeting Type: Planning and Zoning Board Meeting Meeting Date: 11/30/05 AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL AGENDA Heading General Easement The City has been acquiring easement agreements with property owners along North Atlantic to construct public sidewalks; sewer lines, Agreement Item #5 No. SUBJECT: Villa at the Port (Sea Spray) — General Easement Agreement - Utility DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Villa at the Port, Utility Easement. Summary Explanation & Background: The City has been acquiring easement agreements with property owners along North Atlantic to construct public sidewalks; sewer lines, reuse water lines, stormwater lines, and landscaping. Exhibits Attached: #1 Signed agreements and background information. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley, Building Official Todd Peez, City Planner FROM: Ed Gardulski, Director Public Works Department DATE: November 1, 2005 SUBJECT: Planning and Zoning Board Agenda Item for November 30, 2005 Approval of Easement Agreement from Sea Spray (Villa at the Port) Greene International Development Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. 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." As part of Sea Spray (FKA Villas at the Port) Development's site plan review, the property owner, Greene International Development, had requested that the City of Cape Canaveral accept the sewer main servicing Sea Spray development. As a requirement the sewer main shall be constructed to City standards and grant a twenty foot wide Utility Easement Agreement. The Developer has constructed the sewer main to the City of Cape Canaveral's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Martin Greene, President, Greene International Development. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in Brevard County's Public Records after approval. Recommend the approval the Easement Agreement with Greene International Development. Attachment Brevard County Property Appraiser-- Online Real Estate Property Card Jim, Ford, C.F.A. Property Appraiser Brexard County,, F1 �e " • s • Mi s<, App [Horne] [Meet JimFord] [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] [Forms] [Appeals] [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities] [Tax Facts] [Economic Indicators] [What's Nevvj [Links] [Press Releases] [Tax Estimator] General Parcel Information for 24-37-14-28-00000.0-OOOA.24 Pagel of 2 Use Code: 1000 * Site 107 ANCHORAGE AV, CAPE CANAVERAL, FL 32920 Tax 2442538 Address: Account: . Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner GREENE INTERNATIONAL Name: DEVELOPMENT Second CORPORATION Name: Mailing 5604 N ATLANTIC AVE Address: City, State, COCOA BCH, FL 32931 Zipcode: Value Summary for 2005 ** Market Value: 24-37-14-28-00000.0- Agricultural Assessment: Millage Assessed Value: $406,910 Parcel Id: 000A.24 Map Code: 26GO Exemption: Pagel of 2 Use Code: 1000 * Site 107 ANCHORAGE AV, CAPE CANAVERAL, FL 32920 Tax 2442538 Address: Account: . Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner GREENE INTERNATIONAL Name: DEVELOPMENT Second CORPORATION Name: Mailing 5604 N ATLANTIC AVE Address: City, State, COCOA BCH, FL 32931 Zipcode: Value Summary for 2005 ** Market Value: $406,910 Agricultural Assessment: $0 Assessed Value: $406,910 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: 1 $406,910 Legal Description View Plat, (requires Adobe Acrobat Reader -file size nnay be large) Land Information Acres: 2.53 Site Code: 3411 Land Value: $406,910 ** This is the value established for ad valorem purposes in accordance with s.193.011 (1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. ... /Show_parcel.asp?acct=2442538&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&GOP3/ 19/01 PART OF N 165 FT OF Plat TEUTONS LOT A LYING Book/Page: W OF SR 401 0001/0022 SUBD AS DESC IN ORB 3271 PG 11 656 View Plat, (requires Adobe Acrobat Reader -file size nnay be large) Land Information Acres: 2.53 Site Code: 3411 Land Value: $406,910 ** This is the value established for ad valorem purposes in accordance with s.193.011 (1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. ... /Show_parcel.asp?acct=2442538&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&GOP3/ 19/01 Page I of I Jim Ford, CFA Brevard County Property Appraiser - Map Search M WINE 24-37-14-28-000 00.0-OOOA.24 A.02 &$I A.1'1) LA I A.10 IA.27 1. A.26 IA.26 I E3 \ 4 1 0191817�16�4 311211110 �� 9�� 7 \\6 6 13 2 1 A 11 Ull i=M �bkELIZA�4 ./esrlmap.dll?name=Brevard 1 &ld=200511141149565312&Parcels= I &RoadNaines= I &Water-- 13/19/01 10/2i/2005 15:10 3214546885 BUSSEN MAYER PAGE 02/03 Prepared by and return to: U Gardulqki, Director, Public Works City of Cape Canaveral 105 Polk Avenuc Cape Canaveral. Florida 32920 (321)868-1240 ASEMENT Martin Greene, President THIS EASEMENT is made this day of 2005 by Greene international Development whose address is 6500 North Atlantic Avenue, Cocoa Beach, FL 32920 located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a. Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee")_ WiTNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein_ NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID 24-37-14-29-00000.0-OOOA24, ) Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. Tire perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas and communication lines (Bell South), and the right to transmit and convey utilities through and tinder said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph i hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Pagc I of 2 10/25/2005 15:10 3214546885 BUSSEN MAYER PAGE TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any 151 change which may take place therein. // � IN WITNESS WHEREOF, the Grantors have hereunto set their hands andyseals on/the day and year first above written. aignenpre& ce of. witness witness STATE OF FLORIDA COUNTY OF 13REVA.RD GRANTOR: CERTIFY that on this day, before me, an officer duly authorized in the State and County 1esaid to take ackn ledgments, personally appeared (�i LL h -i (� so.-, on to me known personally or who oduced ac identification, to he petsnn to and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WI S )ny hand and official seal in the State and 13e,- , 2005. I.NNN.NNNNN PATPJC1 A N..NV7W6 tNN.N1..N.NN, (Notary Seal) D i�r' ComrtyyDD02 Expires 1pr,�y0p� _ "=,= �'aa� bond©c ttvu (800)432-4251= Page 2 of 2 Courtly last aforesaid this C� day of XARIY��PIJBLIC My Commission Expires: 03/03 U Q N N m C) 0 0 N (D N 0 3 a N 0 Co m N Z n m 3 f9 DESCRIPTION: SANITARY SEWER EASEMENT THE SOUTH 20.00 FEET OF THE NORTH 51.00 FEET, BOTH BY RIGHT ANGLE MEASURE, TOGETHER WITH THE WEST 20.00 FEET OF THE SOUTH 119.00 FEET, BOTH BY RIGHT ANGLE MEASURE, OF THE FOLLOWING DESCRIBED "OVERALL PARCEL" OF LAND: A PORTION OF THE NORTH 165 FEET OF LOT "A" OF TUTEN'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, LYING WEST OF OLD STATE ROAD 401 (NORTH ATLANTIC AVENUE, 60' R/W), BEING A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 165 FEET OF SAID LOT "A", WITH THE WESTERLY RIGHT OF WAY LINE OF SAID NORTH ATLANTIC AVENUE; THENCE N89'57'57"W., ALONG SAID SOUTH LINE, FOR A DISTANCE OF 813.98 FEET; THENCE N00'02'03"E, FOR A DISTANCE OF 150.21 FEET TO A POINT BEING 15.00 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF SAID LOT "A"; THENCE 589'56'03"E., 15.00 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE, FOR A DISTANCE OF 832.55 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID NORTH ATLANTIC AVENUE; THENCE 507'06'10"W., ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 150.90 FEET TO THE POINT OF BEGINNING. CONTAINING 0.43 ACRES (18,528 SQUARE FEET), MORE OR LESS; BEING SUBJECT TO RESTRICTIONS, COVENANTS, EASEMENTS AND/OR RIGHTS—OF—WAY OF RECORD. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT "A" OF "TUTEN'S SUBDIVISION" BEING 'S.89'56'03"E.", PER THE "OVERALL PARCEL" DESCRIPTION AS PROVIDED BY THE CLIENT AND RECORDED AS SCHEDULE "A" OF O.R. BOOK 3271 AT PAGE 0656, BREVARD COUNTY PUBLIC RECORDS. 2. THE SKETCH SHOWN HEREON IS A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION AND IS NOT A BOUNDARY SURVEY. 3. SEE SHEET 1 OF 2 PER SKETCH OF DESCRIPTION. 4. THIS SKETCH AND DESCRIPTION WAS PREPARED FOR THE EXCLUSIVE USE OF THE PARTIES LISTED BELOW; COPIES ARE ONLY VALID WHEN BEARING THE SURVEYOR'S ORIGINAL SIGNATURE AND EMBOSSED SEAL. 5. CERTIFIED TO: GREENE INTERNATIONAL REAL ESTATE; CITY OF CAPE CANAVREAL. CERTIFICATE: I hereby certify that the sketch and description shown hereon is true and correct to the best of my knowledge and belief, as performed under my direction and supervision, and that it meets or exceeds the minimum technical standards set forth by he Florida Board of Professional Land S rveyors i Chapter 61G 6 dministrat' e ode, u ant to i 2. Florida st(a e�./ _ Marco Paul Cazessus, P L.S. Date FLORIDA SURVEYOR'S C RTIFICATE NO.: 4762 BUSSEN4-MAYER ENG ERING CERTIFICATE NO.: 3535 Sec.: 14 Twp.:24 South Rng.:37 East Dsn. by :N/A Drn. by :RKB ChkChk. by :MPC SKETCH AND DESCRIPTION PREPARED FOR: I Date 10/21/05 GREENE INTERNATIONAL DEVELOPMENT CORPORATION Scale N/A BREVARD COUNTY FLORIDA I P. N. :329606 Bussen - Mauer Engineering Group Sheet No. 2 100 PARNELL STREET • MERRITT ISLAND, FLORIDA 32953 of PH NO.: (321) 453-0010 FAX NO.: (321) ,OR1 A 83 V QTTD'tTL+V nim -%m a m U Q Ln N Lr) 0 0 N Z6 N O m 3 a N rl i. Q7 Z3 m 3 (9 1 20.00 FT. SANITARY SEWER NORTH EASEMENT SCALE = 30' NOR OLD S7 -A7 EROAD N0. 401 so/ -0,5, AVENUE.- SO/•06.17 (M) 157 7,3'(A4)ss.00 R/w) (D) 750.90'(D) I I I I WLY R/W L11VE 51.00' I POINT—OF—BEGINNING h OVERALL PARCEL 15.00' 31.00' 1 20.00' 1 I I 119.00' SURVEY DEPT. "SEA SPRAY o ITOWNf OMES" CONDOMINIUM co > 00 m I � O Lj 150.00'co o coLD < I 1 � � J CD o < o O c O Q CD W Co 0 'n O J N � I Go Z 0 0 O Z W O Z Lo W W J Z co Z Z 1p V Z a) co v) I '— r-- 20.00' WIDE SANITARY SEWER EASEMENT 0.43 AC.t 18,528 S.F.f I I I 1 I I 1 0 o 0 N LEGEND: N00'02'03"E(D) 150.21'(D) O.R.B. PG. OFFICIAL RECORDS BOOK NOO'03'57"E(M) 150.00'(M) PAGE R/W RIGHT—OF—WAY W WATERLINE (D) BEARING/DISTANCE PER DESCRIPTION NOTES: (M) $ERRING/DISTANCE PER SURVEY 1. SEE SHEET 2 OF 2 FOR DESCRIPTION, —U� GRAPHICS NOT TO SCALE NOTES AND CERTIFICATE. c.: 14 A SKETCH AND DESCRIPTION PREPARED FOR: GREENE INTERNATIONAL DEVELOPMENT CORPORATION 10/21/05 p.:24 Sou>;.h BREVARD COUNTY FLORIDAN. le g.:37 East J,Chk. rDca.le 329606 n. by :N/A t3uss¢n - fYtay¢r Engineering Group 100 PH. N O.: STREET • MERRIA ISLAND. FLORIDA 32953 / ` PH. NO.: (321) 453-0010 FAX NO.: (321) 454-6865 et No. I of—r 2 n. by : RKH by :MPC SURVEY DEPT. Meeting Type: Regular Meeting Date: 01-03-06 AGF,NDA Heading Consent Item g No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: UTILITY EASEMENT AGREEMENT WITH VINOD KALIDUS, VILLA CAMPANIA DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider approval of a utility easement agreement with Vinod Kalidus, Villa Campania, as recommended by the Planning & Zoning Board and the public works director. Summary Explanation & Background: See attached easement agreement. I recommend approval. Exhibits Attached: Public works director's memo; P&Z memo; easement agreement City Manager' Department PUBLIC WORKS cape-nt\kim\mydocuments\admin\council\meeting\2006\01-03-06\villacampania.doc City of Cape Canaveral 15, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Utility Easement Agreement - Villa Campania ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on December 14, 2005, by unanimous vote, the Board recommended approval of the above referenced Utility Easement Agreement. Please schedule this easement agreement for the next City Council meeting agenda. 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.coxn/cape • email• ccapecanaveral@cfl.rr.com Meeting Type: Planning and Zoning Board Meeting Meeting Date: 12/14/05 AGENDA Heading General Easement The City has been acquiring easement agreements with property owners to construct public sidewalks; sewer lines, reuse water lines, Agreement [tem # No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Villa Campania — Utility Easement Agreement DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny General Easement Agreement with Villa Campania, Utility Easement. Summary Explanation & Background: The City has been acquiring easement agreements with property owners to construct public sidewalks; sewer lines, reuse water lines, stormwater lines, and landscaping. Exhibits Attached: #1 Signed agreements and background information. City Planner's Office Department: Building Department MEMORANDUM TO: Todd Morley, Building Official Todd Peetz, City Planner FROM: Ed Gardulski, Public Works Director DATE: December 2, 2005 SUBJECT: Planning and Zoning Board Agenda Item for December 14, 2005 Approval of Utility Easement Agreement for Vila Campania Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. 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." As part of Villa Campania site plan review, the owner Vinod Kalidus, requested that the City of Cape Canaveral accept the sewer main servicing the development. As a requirement the sewer main shall be constructed to City standards and grant a twenty -(20) foot wide Utility Easement Agreement. The Developer has made the required DEP Application to construct the sewer main to the City of Cape Canaveral's specifications. In compliance to the City of Cape Canaveral's Codes, attached is an easement agreement from Vinod Kalidus, Owner of Villa Campania. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Easement Agreement with Vinod Kalidus, Owner of Villa Campania. Attachment .y of Cape Canaveral Department of Environmental Protection 3319 Maguire Blvd., Suite 232 Orlando, Florida 32803-3767 RE: Application for Constructing a Wastewater Collection System Permittee: Vonda Kalidus Project Name: Vila Campania To Whom It May Concern: In compliance to the above stated application for construction of a Wastewater collection system, Part III (2) Owner of Collection system, the City of Cape Canaveral certify that we will be the Owner. The Applicant has provided the City of Cape Canaveral with the necessary Easement Agreement. Sincerely, Ed Gardulski Public Works Director Attachment: Easement CC: Bennett Boucher, City Manager Cape Canaveral file: 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 I Prepared by and return to: Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 (321) 868-1240 L EASEMENT 5 THIS EASEMENT is made this / day of C 'PW `� 2005 by kCt lid Lt S whose address is'7575 Kw4K ciA 4 -{'kw• C JeAryy located in Brevard County, Florida ("Grantor"), in favor of the City of ape Canaveraf, a Florida municipality, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral, Florida, on which the Grantee desires to acquire a utility easement for the purposes described herein; and WHEREAS, under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, receipt of which is hereby acknowledged, the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along and across certain real property located in Brevard County, Florida, more particularly described on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. (Parcel ID -R-37-Ae—Of .OG�Caca.pr��?t,, ,o 1 Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair, replace and remove utility systems including potable water, sewer, reclaimed water, storm water drainage, lines or pipes, and other utilities such as electric (FPL), gas and communication lines (Bell South), and the right to transmit and convey utilities through and under said property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing, maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing items within the easement area and allowing Grantor and others to lawfully cross said easement area. Page I of 2 /j TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: witness witness STATE OF FLORIDA COUNTY OF BREVARD GRANTOR: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ''v i ti C' k © R S on o�me Lknown personal r who produced " Y� P as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day of 2005. .Notary Seal) U E.— SULgNNE LESLIE JOHNS"""! N TAR UBLIC aaar Com" 000394 My Commission Expires: EVffft 3/1&12009 �a a Bondetl n,n+ (800)4324254 ................. R .orida Notary',=.:p.i Page 2 of 2 Exhlbi-+ A DESCRIPTION: (SANITARY SEWER EASEMENT) A PORTION OF LOTS 26 AND 27, "BANANA RIVER ESTATES" AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 1 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE S.E. CORNER OF SAID LOT 27; THENCE S.89'42'33"W. ALONG THE SOUTH BOUNDARY OF SAID LO-- 27 A DISTANCE OF 31.61 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD At A; THENCE CONTINUE S.89 -42'33"W. ALONG SAID SOUTH BOUNDARY 194.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S.89'42'33"W. ALONG SAID SOUTH BOUNDARY 55.05 FEET; THENCE N.00'37'02"W. A DISTANCE OF 184.48 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HOLMAN AVENUE (40 FOOT RIGHT-OF-WAY); THENCE N.89'17'34"E. ALONG SAID SOUTH RIGHT-OF-WAY 20.00 FEET; THENCE S.00'37'02"E. A DISTANCE OF 164.44 FEET; THENCE N.89'57'45"E. A DISTANCE OF 35.05 FEET; THENCE S.00'37'57"E. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SKETCH OF DESCRIPTION J' HOLMAN AVENUE 40' R/W N 89*17'34" E 156-00' 20-00' ILA W -4 PRoposm 2W SINNER EASO"T O O W OD H0 Z 0 C; C; ri O0' Eli OD ci LN89'57'45"E 04 EE 35.05' No mz 0 55.05' ct S 89*42'33" W 156.00' DESCRIPTION: (SANITARY SEWER EASEMENT) A PORTION OF LOTS 26 AND 27, "BANANA RIVER ESTATES" AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 1 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE S.E. CORNER OF SAID LOT 27; THENCE S.89'42'33"W. ALONG THE SOUTH BOUNDARY OF SAID LOT 27 A DISTANCE OF 31.61 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD AIA; THENCE CONTINUE S.89*42'33"W. ALONG SAID SOUTH BOUNDARY 194.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S.89*42'33"W. ALONG SAID SOUTH BOUNDARY 55.05 FEET; THENCE N.00*37*02"W. A DISTANCE OF 184.48 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HOLMAN AVENUE (40 FOOT RIGHT-OF-WAY); THENCE N.89*17'34"E. ALONG SAID SOUTH RIGHT-OF-WAY 20.00 FEET; THENCE S.00*37'02"E. A DISTANCE OF 164.44 FEET; THENCE N.89'57'45"E. A DISTANCE OF 35.05 FEET; THENCE S.00'37'57"E. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. L 2460 N. ISLAND SURVEYING & MAPPING COMPANY COURTENA PKWY. #212 MERRITT ISLAND FL. LB#5633 (321) 452 -1738 FAX: (321) 452 7256 FLOOD ZONE UNDETERMINED REVISIONS - CERTIFIED TO: VILLA COMPANIA SCALE: 03-441-11 copies not valid without the red Ink signature and the original raised seal, of a Florida licensed surveyor and mapper. Q Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Considerations Item q No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FINAL REPLAT, CHADWICK TOWNHOMES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of the final replat of Chadwick Town Homes as requested by the applicaw, Katherine Chadwick, and recommended by the Planning & Zoning Board. Summary Explanation & Background: This is the final replat of Lot 12 and the West '/z Lot 13, Block 16, of Avon by the Sea into two lots for a two -unit townhouse. Exhibits Attached: 1. P&Z recommendation memo dated 12-14-05 2. Plat review application 3. City planner report 4. Staff comments 5. Final replat drawing (hand-out) City Manager's Office Department GROWTH MGMT/P&Z cape-nt\-leitn mydocu ents\admin\council\ ting\2006\01-03-06\chadwick doc City of Cape Canaveral 14, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Final Replat - Chadwick Townhomes - Section 23, Township 24 South, Range 37 East, Block 16, Replat of Lots 12 & W 1/2 of Lot 13, Avon by the Sea Subdivision - Katherine Chadwick, Applicant. ----------------------------------------------------------------------------------------------------------- At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Final Replat. Please schedule this easement agreement for the next City Council meeting agenda. Attached are (6) copies of the replat. 105 Poik Avenue • Post Office Box 326 • Cape Canaveral, FL 32420-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 *FAX: (321) 868-1247 w,.vw.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Meeting Date: 11/30/05 AGENDA Heading Final Replat Item #6 No. 2) Site report by staff AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Chadwick Townhomes Final Replat DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed final replat for Chadwick Townhomes. Summary Explanation & Background: This request is for a final replat of lot 12 and west % lot 13, Block 16 of Avon By The Sea to be 2 lots on Madison Avenue. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Final Replat drawing Building Official's Office Department APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: C T' (NOTE: SUBMITTAL MUST BE SUBMITTED A NI N YIUM OF 30 DAYS PRIOR TO THE PLANNING & ZONI tG ?vfEETL iG; PLAT MUST MEET THE REQLIENIENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELLIILNARY PLAT, RE -PLAT, O FIINAL PLAT?' AMOUNT OF FILL, -G FEE PAID: S =�` � t �� C AMOUNIT OF ENGL-NTEERING DEPOSIT PAID: SIC/(` ,C;C- DID BREV ARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAIME, IF APPLICABLE? (NOTE:TIIAIS NEEDS TO BE DO --E PRIOR TO SUBMITTAL). YES NO ' N.A. ,/ PROJECT NANLE: PROJECT ADDRESS: s�`�'�1 , LEGAL DES CRIPTION :,�;3,icX r' OWNER(S) NAME:_ -�1 KG. A "Ir�'-y OWNER(S) ADDRESS: i %�'��'p� ,c�,►-} � - I� i072, PROJECT ARCHITECT/ENGINEER: 7;%I ) L 1 rA S PHONE NO. OF ARCHITECT/E_NGLNEER: -46-:3- JEW. APPLICANT(S) SIGNATURE: A4"a- -\�-L� c. O WXER/A GENT PHONE N-U`,*vfBER OF OWi�"ER/AGENT: � ' City of Cape Canaveral Chadwick Townhomes Final Replat Applicant: Charles and Katherine Chadwick Location: Range: 37 Township: 24 Section: 23 Acreage: .21 +/- acres Permitted Number of Units: 3 Dwelling Units Proposed Number of Units: 2 Townhome Units Current Future Land Use: Residential R-2 Current Zoning: Residential R-2 Description: The applicant desires to use the property for 2 residential townhomes use in a Residential R-2. The subject property itself is vacant located on the north side of Madison Avenue. Townhome Requirements: North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Residential Residential Residential Residential Townhome Requirements: Required Provided Minimum Lot Area 6,250 sq. ft. 9,188 sq. ft. Minimum Lot Area 1,600 sq. ft. 4,594 sq. ft. Minimum Lot Width 20 feet 37.5 feet Minimum Lot depth 70 feet 122.5 feet Public Services and Facilities in Amendment Area: The impact on public services for three (3) residential unit is, 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, 2003 was 9,496. This is still adequate park space available. The traffic on North Atlantic is operating at Level of Service "D" with 233 available peak hour trips between George King Blvd and Central Blvd. Central Blvd south to SR AIA on North Atlantic is operating at a level of service "D" with 236 available peak hour trips. The maximum peak -hour volume acceptable is 810 representing a LOS of "E". The proposed development with 2 dwelling units could generate 1 or 2 additional peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The development would generate 500 gallons per day (GPD). There is adequate wastewater treatment capacity available. The City of Cocoa has a total potable water 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 development would consume 600 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 subject parcel has Ur — Urban soil associated with urbanizing conditions well drained. There are no known wetlands, floodplains or endangered species currently identified on site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archeological resources on site. Population Projections and Trends: The average single family dwelling unit may contain 2.37 persons per unit or 4 to 5 persons. This should not have a significant affect on the population projections. 11/21/2005 02:15 321-783-7065 STOTTLER PAGE 03 SSA November 21, 2005 Mr. Todd Peetz Miller -Legg & Associates 531 South Orlando Avenue Suite 200 Winter Park, PL 32789 RE: Final Plat Review- Chadwick Townhomes - Review#2 SSA Job No. 05.0025, Task 014.1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat 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. lr - erel �n David Roy nes, M Chief Surveyor DRJ: jls CC: Susan L. Chapman City Engineer's Review Fee For Review #1 - N1C 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 SI'AGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, F Orida 32920 Tel 321-7831320 Fax 321.783-7065 11c. #AAC000329 MEBOD00762 #1,$0006700 Ojoan sotlodvaSdviRprojectslcapelhchadwick lovmhomos Gnal plat review 2.doc MEMORANDUM TO: Stottler Stagg & Associates, attention Joan Sottoriva CCVFD Fire Official Public Works FROM: Todd Peetz, Miller Legg & Assoc. CC: Building Official w/o attachments DATE: RE:v )d,6- F fl �� Review Fee Collected: Please review the attached I 5sbmittal of the ab ove referenced 4 to ensure that the project meets the applicable code requirements. After reviewing the project, please advise Miller Legg & Associates (MLA) of your approval or comments and concerns. MLA will be handling the tracking of this project and all future projects for the City of Cape Canaveral. You may submit your comments via email to TPeetz@millerlegg.com, via fax at (407)629-7883. or via mail to 631 South Orlando Avenue, Winter Park, FL 32789. If you use the email, please include the name of the project in the subject line. Please submit you review comments as soon as possible. pool— Thank you. ZDV\ MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: October 21, 2005 RE: Chadwick Townhomes Re -Plat, Lot 12 & 13 Block 16 The Public Works Department has reviewed the Re -Plan of the above stated project and does not have any comments or concerns at this time. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 18, 2005 Re: Chadwick Townhomes Final Replat Review I have reviewed the Chadwick Townhomes Final Replat and have No comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. anuary 5, 2006 Robert Griffith P.O. Box 3433 Lawrenceburg, IN 47025 RE: City of Cape Canaveral Preliminary Re -Plat for Beroja Palms Section 23, Township 24 South, Range 37 East, Block 70, Re -plat of Lot 7, Avon by the Sea Subdivision — Ron Wallen, Applicant. Dar—INArGr'ifftth. The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on January 3, 2006. • Based on the Final Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Beroja Palms (Section 23, Township 24 South, Range 37 East, Block 70, Re -plat of Lot 7, Avon by the Sea Subdivision) 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 www.myfloricla.com/cape • e-mail: ccapecanaveral@cfl.rr.com • ENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 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Internet access to delivery information is not available on mail addressed to APOs and FPOs. (ssmened) goon eunr'ooee W,od s Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Considerations Item 10 No, 1. P&Z recommendation letter dated 12/14/05 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PRELIMINARY REPLAT, BEROJA PALMS DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of the preliminary replat of Beroja Palms as requested by the applicant, Ron Wallen, and recommended by the Planning & Zoning Board. Summary Explanation & Background: Request is to replat Lot 7, Block 70, of Avon by the Sea, into two lots for two town house units. Exhibits Attached: 1. P&Z recommendation letter dated 12/14/05 2. Plat review application -1.City planner report 4. Staff comments 5. Preliminary replat drawing (hand-out) City Manager's Office Department GROWTH MGMT/P&Z cape-n.t\kim\mydo� ments\admin\council\meeting\2006\01-03-06\beroja.doc 4, 2005 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Preliminary Replat - Beroja Palms - Section 23, Township 24 South, Range 37 East, Block 70, Replat of Lot 7, Avon by the Sea Subdivision - Ron Wallen, Applicant. ----------------------------------------------------------------------------------------------------------- At the Planning & Zoning Board meeting, held on November 30, 2005, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat. Please schedule this Preliminary Replat for the next City Council meeting agenda. Attached are (7) copies of the replat. 105 Polk Avenue • Post Office Box 326 + Cape Canaveral, Fl. 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1.222 • FAX: (321) 868-1247 wwwri,vilorida.com/cape • email: -capecanaveral��ctltr.com Meeting Type: Planning & Zoning Meeting Date: 11/30/05 AGENDA Heading Preliminary Replat Item #7 No. 2) Site report by staff AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Beroja Palms Townhomes Preliminary Replat DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed preliminary replat for Beroja Palms Townhomes. Sununary Explanation & Background: This request is for a final replat of lot 7, Block 70 of Avon By The Sea to be 2 lots on Lincoln Avenue. Exhibits Attached: 1) Application by applicant 2) Site report by staff 3) Staff review comments 4) The Final Replat drawing Building Official's Office Department AP LICATTON F R PLAT REVIEW DATE OF SUBiNUTTAL: (NOTE: S'UB,'IITTA.L MUST BE SUBMITTED A NMEDYIUM OF 30 DAYS PRIOR TO = PLANZNM"G & ZON'R TG- NIEETING; PLAT MUST NaET THE REQCMIMENTS OF SECTION 98-41 =O -UGH 98-62). c IS THIS A PRELLNMLARS.' PLAT, RE -PLAT, OR FDgAL PLAT?RX�.eumt!'t., Wrl -ATOT I T OF EH.LNG FEE PAID: S � A.A-ZOT_.�iT OF ENGLYEERING DEPOSIT PA]D: S �� DM BRE -V. -,,RD COUNTY, GEOGRAPHIC RESEARC11 DIVISION APPROVE THF- REQUEST T'HEREQUEST FOR STREET NAME, IF APPLICABLE? COTE: TMIS NEEDS TO BE DONM PRIOR TO SUB'NI(TTAL). YES NO N.A. �?) S� 0 PROJECT PROJECT ADDRESS- LEGAL DESCRIPTIO-+: ( ONVIN7:ER(S) NAME: , OAVINER(S) ADDRESS: PROJECT ARCRITECT/ENGIl-LER: PHONE NO. OF i.RCMTEC'I APPLICA,�iT(S) SIGNATURE: .44tIwo w6-e3v e e, - PRONE NUMBER OF OWNEPJAGENT: _ IZL .58q -37gL1 600/Z00In QNVISI .L,LIHUHN IlInUd tM M TZC TVd OZ ZT�IHH SOOZi50180 City of Cape Canaveral Beroja Palms Replat Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: Robert Griffith Range: 37 Township: 24 Section: 23 0.14 +/- Acres 2 residential maximum whole site R-2 Residential 2 14.28 DU/AC R-2 Residential R-2 Residential Description: The applicant proposes to build two (2), two story townhome units on a 0.14 acre lot. The subject site is located south of Lincoln Avenue and west of Orange Avenue. Townhome Requirements: Minimum Lot Area Minimum Lot Area Minimum Lot Width Minimum Lot depth Required Provided 6,250 sq. ft. 6,383.5 sq. ft. 1,600 sq. ft. 3,187.5 sq. ft. 20 feet 25 feet 70 feet 127.58 feet 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 R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multi Family Residential Single Family Residential Multi Family Residential Single Family Residential Townhome Requirements: Minimum Lot Area Minimum Lot Area Minimum Lot Width Minimum Lot depth Required Provided 6,250 sq. ft. 6,383.5 sq. ft. 1,600 sq. ft. 3,187.5 sq. ft. 20 feet 25 feet 70 feet 127.58 feet Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 1 or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 500-600 gallons. 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 600-700 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston -Urban land complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. The two units will probably accommodate 4 to 6 new persons. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 21, 2005 Re: Beroja Palms Replat I have reviewed the Beroja Palms Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. 11/21/2005 02:15 321-783-7065 STOTTLER PAGE 02 SSA November 21, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review- Beroja Palms - Review#3 SSA Job No. 05.0025, Task 009.1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat 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. incerel , David Roy Jo LS Chief Survey DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review 93 — N/C 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 ARCHITECTS ENGINEERS PLANNERS, INC. 8680 Nortb Atlantic Avenue P- O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 11c. #AAC000329 #EB0(00762 #LB0006700 uajoan seltorivalcimAprojects)cape&berbja palms pre plat review 3.doc Fax 321-7&3-7065 MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director RE: Preliminary Replat Beroja Palms DATE: November 2, 2005 The Public Works Department has reviewed the Preliminary Replat of the above project and does not have any comments or concerns: Page 1 of 1 Todd Peetz From: John Cunningham jjcunningham@ccvfd.org] Sent: Thursday, November 03, 2005 12:01 PM To: Todd Peetz Subject: Re: Beroja Palms We have reviewed the preliminary replat and have no comment at this time. 11/22/2005 Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Ordinance -2"d Reading Item Summary Explanation & Background: No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 21-2005, AMENDING CHAPTER 102, RELATING TO LAND CLEARING FOR SINGLE, TWO OR THREE-FAMILY RESIDENTIAL UNITS DEPT/DIVISION: GROWTH MANAGEMENT/PLANNING AND ZONING Requested Action: City Council consider the adoption of Ordinance No. 21-2005, amending Chapter 102, providing land clearing; criteria for land that contains or will contain single family, two or three-family residential dwelling units, as recommended by the Planning and Zoning Board. Summary Explanation & Background: This was the last remaining item from the overall revisions to Chapter 102 that council adopted earlier this year. I recommend approval. Exhibits Attached: P & Z's memo; Ordinance No. 21-2005 City Manager's -Office Department GROWTH MGMT/P&Z _ -- - cape -rrt—kTii\myrocuments\admin\coui';--�\meeting\2006\01-03-06\21-2005.doc ORDINANCE NO. 21-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II., DIVISION 2 OF THE CODE OF ORDINANCES RELATING TO LAND CLEARING FOR SMALL SCALE EXISTING AND NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES, AND SUBDIVISIONS OF THREE (3) OR FEWER SINGLE FAMILY UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article 11, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, the City Council is committed to preserving, enhancing, and creating green area within the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, on February 1, 2005, the City Council adopted Ordinance 05-2005, which significantly amended Chapter 102 of the City's Code of Ordinances relative to Land Clearing; and WHEREAS, the City Council desires to provide separate and distinct land clearing regulations for land which contains small scale existing and new residential developments such as single family units, duplexes, triplexes, and subdivisions of three (3) or fewer single family units; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE 1T ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 21-2005 Page 1 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 102, Vegetation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st! ikeo, -t type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE II. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-37. Title; Applicability; Intent and Purpose; Eimited Small Scale Residential Dwelling Exemption. (e) Small Scale 29,t __ ut —__- Residential Dwelling Exemption. All land that contains an existing residential single family dwelling unit or duplex or triplex, or which is subject to a city development order authorizing the construction of a new residential single family dwelling unit duplex or triplex or a subdivision with three (3) or less single family dwelling units shall be subject to the provisions set forth in Section 102-40.5 of this Code. teceirt of a completed application, the building official shall issue a fand clearing permit fo Sec. 102-38. Enforcement and Penalties. City of Cape Canaveral Ordinance No. 21-2005 Page 2 of 5 (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 or Section 102-40.5: 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. Sec. 102-40.5. Small Scale Residential Land Clearing Requirements. The following requirements shall apply to small scale residential developments as defined in subsection (a): (a) Application; small scale residential developments defined. Notwithstanding the other provisions of this Division, this Section shall only apply to small scale residential developments which shall be limited to: (1) Land which contains an existing residential single family dwelling unit or duplex or triplex. (2) Land which is subject to a city development order authorizing the construction of a new residential single family dwelling unit, duplex or triplex, or a subdivision with three (3) or less single family dwelling units. (b) Permit Required. (1) No person shall engage in tree removal or land clearing without first obtaining a land clearing permit issued by the building official pursuant to Section 102-39. (2) Upon receipt of a completed application, the building official shall not apply the requirements set forth in Section 102-40 and shall issue a land clearing permit authorizing the removal or clearing of any trees located within the footprint of any structure approved by a city development order. (3) The removal or clearing of trees not located within the footprint of any structure approved by a city development order is subject to the criteria set forth in Section 102-40. (4) The building official may not issue a land clearing permit under any circumstances for the removal or clearing of specimen trees. The removal of City of Cape Canaveral Ordinance No. 21-2005 Page 3 of 5 specimen trees is subject to regulation under Section 102-41. (5) There shall be no permit fee for issuance of a land clearing permit. (c) Tree Survey Required for New Development. Developers proposing to construct a new residential single family dwelling unit, duplex or triplex, or a subdivision with three (3) or less single family dwelling units shall be required to submit a tree survey concurrent with submission of a building permit application. (d) Tree Replacement Guidelines. (1) Each tree removed or destroyed shall be replaced by a desirable tree or such other tree properly approved by permit, or in the alternative, property owners and developers shall pay to the City's Tree Bank, $250.00 per tree removed or destroyed. The replacement trees shall be a minimum of inches dbh and shall be on the desirable species list under this Division. Tree replacement is not required for trees removed where the removal falls under one or more exception outlined in Subsection 102-40(b). (e) Maintenance Requirements. All property owners and developers of land shall be responsible for the proper care and maintenance of all trees located on their property which were not authorized to be cleared. All remaining trees and any transplanted trees shall be maintained in a healthy, living condition. Any transplanted tree which dies within two (2) years of planting shall be replaced and maintained by the property owner or developer. Upon the sale of an individual parcel of land, the responsibility for tree maintenance shall transfer to the new property owner. (f) Division Otherwise Applicable. All other Sections of this Division not in conflict with the provisions of this Section are applicable to and enforceable against the property owners and developers of all land subject to this Section, including, but not limited to Sections 102-41, Specimen Trees, Section 102-44, Prohibitions, and Section 102-45, Minimum Tree Requirement. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. 21-2005 Page 4 of 5 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2005. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels 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. 21-2005 Page 5 of 5 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD4658185-5102.54) in the matter of CITY OF CAPE CANAVERAL in the Court RDINANCE NOTICE was published in the FLORIDA TODAY in the issues of DECEMBER 13, 2005 affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County. Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. (Signature of Affiant) Sworn to and subscribed before this this 13TH DAY OF DECEMBER, 2005 (Signature ofNotary Public) LINDA L. BRAUD arae of Notary Typed. Printed or Stamped) Personallv Known or Produced Identification Type Identification Produced ADN658185-12113,2005 NOTICE OF PUBLIC HEARING The C'M Council of the city of Cape Canaveral, Florida will hold a Public Hearing for the Purpose Of adopting Ordinance No. 21-2005 in the City Hall Annex 111 Polk Avenue, Cape Canaver- al, Florida at 7:00 PM, on Tues- day, January 3, 2006. The ordi- nances maV be inspected in their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Fri- day). ORDINANCE NO. 21-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAP- TER 102, ARTICLE II., DIVISION 2 OF CODE OF NA CESH ELATING TO GLAND CLEANG FOR SMALL SCALER (EXISTING AND NEW RESIDENTIAL DEVELOP- MENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES AND SUBDIVI- SIONS OF THREE (3) OR FEW-. ER SINGLE FAMILY UNITS; PROVIDING FOR THE RE- PEAL OF PRIOR INCONSIS- TENT ORDINANCES AND RES- OLUTIONS; INCORPORA- TION INTO THE CODE; SEVE- RABILITY: AND AN EFFEC- TIVE FFEC- T,VE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that If a per- son decides toappeal any deci- sion made by the City Council with respect to any matter con- sidered at this meeting, that per- son will need a record of the pro- ceedings, and for such pur- pose 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 ap- peal is to be based. This notice does not constitute consent by the city for " the introduction or admission into evidence of other- wise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not other- wise allowed by law. Persons with disabilities needing assist- ance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meet - ng. Susan Stills, CMC city Clerk December b, 2005 To the Honorable Mayor and Council Members: RE: ORDINANCE 21-2005 I Ray Osborne would like to request an addition to Ordinance No. 21-2005 as follows: "That any archaeological artifacts discovered during the land clearing be disclosed to the City and digitally photographed for archival purposes". Respectfully submitted, Ray Osborne Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Resolutions Item 12 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-04, URGING THE FLORIDA LEGISLATURE TO SUPPORT LEGISLATIVE PRIORITIES OF CITIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider approval of Resolution No. 2006-04, urging members of the Florida Legislature to suppon. the cities legislative priorities. Summary Explanation & Background: The resolution outlines the Florida League of Cities legislative priorities for the upcoming session. I recommend approval. Exhibits Attached: Resolution No. 2006-04 City Manager's Office Department LEGISLATIVE cape-nt cim\my cumepts\admin\counc' \meeting\2006\01-03-06\2006-04.doc RESOLUTION NO. 2006-04 A RESOLUTION OF THE CITY OF CAPE CANAVERAL URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities have experienced negative impacts to the infrastructure, housing stock and employment base from a series of natural disasters in the past two years; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control ever funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: SECTION 1. The City of Cape Canaveral urges Governor Jeb Bush and members of the Florida Legislature to support legislation as part of a comprehensive legislative reform package that: • Preserves municipal autonomy and protects the fundamental right of voluntary self-government. • Provides municipalities alternative funding options for the purpose of responding to impacts of declared disasters. • Preserves municipal tools for community redevelopment and urban revitalization. • Provides a dedicated and recurring revenue source for municipal transportation projects. • Preserves dedicated funding for local affordable housing programs. • Provides for an equitable distribution of fines and fees from criminal violations such as driving under the influence of alcohol or other chemical substances. • Provides a comprehensive and uniform workers' compensation system Resolution No. 2006-04 Page 2 of 2 SECTION 2. A copy of this resolution shall be provided to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Florida Legislature. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of January, 2006. ATTEST: Rocky Randels, MAYOR - •� Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY FOR AGAINST Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Site Plans [tem 13 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: CANAVERAL BULK STORAGE DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the approval of the Canaveral Bulk Storage site plan as requested by the applicant, Randy May, and recommended by the Planning & Zoning Board. Summary Explanation & Background: The request is to construct a conveyor belt system within the M-1 industrial district, adjacent to Port Canaveral. The applicant has obtained special exceptions for the conveyor belt and the outside storage of aggregate materials. Exhibits Attached: 1. P&Z recommendation letter dated 12-15-05 2. Site plan application 3. Canaveral Port Authority letter dated 12-13-04 4. City planner report 5. Staff comments 6. Unity of title document 7. Site plan (hand-out) City Managpies Office Department GROWTH MGMT/P&Z F _cape- lm\my ocuments\admin\cou -i-1\meeting\2006\01-03-06\may.doc ti City of Cape Canaveral 15, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Site Plan for Canaveral Bulk Storage - Randy May, Applicant. At the Planning & Zoning Board meeting, held on December 14, 2005, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 telephone: (321) 868-1222 • SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape . ernail: ccapecanaveralPc:fl.rr.com Meeting Type: Planning & Zoning Meeting Date: 12/14/05 AGENDA Heading Site Plan, Item I # No. At the 11/30/05 Planning and Zoning Board Meeting there were comments and questions concerning the site plan. The application was AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Canaveral Bulk Storage — Site Plan DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan for Canaveral Bulk Storage. Summary Explanation & Background: This request is for a site plan to construct a conveyor belt system with the purpose of moving and storage aggregate materials. The site is located adjacent to the Port of Canaveral and has recently had a special exception approved for the construction of a conveyor belt system that crosses the property lines and related setbacks. At the 11/30/05 Planning and Zoning Board Meeting there were comments and questions concerning the site plan. The application was tabled until the applicant could address issues of where the piles could go, show what special exceptions were approved previously, what are the elevations of the perimeter of the property, provide a unity of title, adds more information regarding the landscape plan, fix a minor error on the site plan (Section "C"), revised the drawings to reflect the correct usage of the approved special exceptions, a revised landscaping plan and timeline of when landscaping improvements would be made. Exhibits Attached: 1) Previously submitted materials. 2) A letter stating when the landscaping improvements would be complete. 3) A unity of title document 4) Revised site plan reflecting the changes to the drawing consistent with the special exceptions, Landscape information, site plan shows the special exceptions, provides elevations of top of berm and correctly labels Section "C". Planning Official's Office Department FEE: � d � a5o , �,�� DA TE: 3 5 PROJECT NA-Nj[E:1/1 !/ C yn I N�C.S LEG.0 DESCRIpTTO,i: 2 37E OwyER(S) N Ax..r�-. N-ER(Si :ADDRESS: PfiO � 1`4iNIBER: 1� y 6 SIE OF ��RCIUTECT/EGL��ER: PHONE -UMBER: A1'PLIC,LNT�S SIGH PHO NE 'NZ IBER: I/95 0NITE PLAN '.PPROVAL LNEORNIATTIC,. � SITE PLAN APPROVAL AL PROCED URE: Step 1. Site Plan Submittal and Review Required Yes No - New commercial building or structure? --� =dew residential st1-uctures with three or more d�veHj units ? ,,` —tom Commercial additions eYcee Q din` 8_0 square feet? If yes has been checked on anv of the above. a site Ls required. plan sub mirtnl and reviely Step 2. Submit five (5-1 copies of the site las signed Professional Engineer P geed and sealed by a ne , , of in the State of Florida along ice? fee to the Buildin? Deparrment 30 days prior to the pia .�Qith,a Zoning Board meeting. (The Board meets the 2nd and 4th � II�� and of every month.) ednesdav The Building Department shall distribute the site departments and return comments to the a plans in the following submittal. pplicant within 10 days of its 1• Ciry Engineer 2• Building Deparment 3 • Fire Official 4. Florida Depat tmeat of Environmental Protection (if appropriate) Step 3. The applicant shaII return nine with written res (9) copies of the revised site plan along posses to all comments at least seven (i� days prior to a Planning and Zoaing meeting. Step 4. Compliance with Stormwater Concurrencv Manage - Z__ went. Step 5. The Building Department will return one (1) co v of the applicant marked with the Board's approval subject to contingencies to the applic-lble.) (if SITE PLAN CEICKLIST SITE PLAN IN-FOR-MATION: (General) Yes No I.A. Size, height, number of units and location of Proposed and e�sting structures. Dimensions y - - --- Total gross area and percentage devoted to - structures. -p a rein _ and I a n dsc-a -a ---- -- - -- - -- -- - - - p _✓ Number of unit � y Number of parking spaces and loading zones Traffic flow diagram Density (units per acre) Location and dimension for the following areas: Park(s) ✓ CanaI(s) ��ater�ay(s) y Boat slip(s) Parking 5wirnr i.ng pools) Drivewav(s) Recreation SITE PLAN CHECKLIST (CONDI PAGE 2 Yes No N.A. Trach Sidewalks Dune crossovers V Other (specify) Tv e of enclosure for c . P ommunal trach container(s) yFire alarm and standpipe data V Viciairy map Location of planned landscaping Finished grades for the following: Entire parcel Finished floors Street-, Parking lots Sidewalks 10" of adjoiningP P ro erty _ Details. sections and suecifications Street lights Water and sewer yes No N.A. PAGE 3 Paving and drainage Curbs Storm drains Sidewalks Engineer's seal on draiyin, Square foota�A of building areas Parkinz � Other (spe*cirv) Total under roof Required notes: Sidewall; and sanitary sewers to be standards constructed to City of Cape Canaveral s 'VVater lines to conform to Cit y of Cocoa standards Fire alarm system to be installed Cape Canaveral Fire Dep rtre t tanda dsconnect to City of TOPOGRA,p HC SUR` E�' USC and G.S. datum plane ✓ EXLS-dna stre-et lights Canaveral Bulk Terminals, Inc. 1000 Southern Boulevard, Suite 300 West Palm Beach, FL 33405 May 25, 2004 To Whom it may concern: We are the owner of the property described in Exhibit "A" hereto and are the tenant under a lease with Port Canaveral to lease the balance of the property described in Exhibit "A" hereto. In connection with our application, we hereby appoint Randall L. May, as our attorney-in-fact, to file an application for such forms on our behalf and to take such actions as he shall deem necessary and appropriate in connection with such application. Please direct any correspondence on this matter to Mr. May at the following address: c/o Ambassador Lease Management, Inc., 245 Challenger Rd, Cape Canaveral, FI_, 32920. If you have any questions regarding the above, please do not hesitate to contact us. Thank you for your cooperation. Very truly yours, CANAVERAL BULK 19W41NALS, INC. B Y Enrique A. Tomeu, President Ca"av&a PORT AUTHORITY December 13, 2004 To Whom It May Concern: JOF D MATH[ NY RAYMOND I' SI.IARKFY v,<.r c/,.,,,,,,a„ I OM GOODSON Serle/"'V Treavu er RALPH J KENNEDY Cnrnmrsvoner RODNF-'i S KEICHAM Cornnirssinner This letter is to inform you that in August 2000 Canaveral Port Authority Commissioners approved the concept of a dust free aesthetically covered conveyor system running from the South Boulevard; at a height of not less than twenty (20) feet, and off-loading onto Ambassador Services property south of George J. King Boulevard. Project final approval to be contingent upon completion of all applicable permitting and staff engineering approval, which we are in the process of completing. If you need any further information, please feel free to contact me at (321) 783-7831 x257. Regard ,� iJ Susan A. Cossey Director, Tenant Development & Foreign Trade Zone 136 PORT CANAVERAL & FOREIGN TRADE ZONE 136 PO Box 267 - 200 George King Boulevard - Cape Canaveral, Florida 32920. USA - 321 783.7831 - Fax 321 784 6223 - 1 888 PORT -CAN www.portcanaveral org City of Cape Canaveral Canaveral Bulk Storage Site Plan Applicant: Location: Acreage: Proposed Number of Units: Current Future Land Use: Current Zoning: Designated Agent; Randall May. Range: 15 Township: 37 Section: 24 1.75 Acres Not Applicable Industrial M-1 Industrial M-1 Description: The applicant's site plan is to build a conveyor belt system from the Port of Canaveral. The subject parcel is currently occupied and located south of George King Boulevard and west of North Atlantic Avenue_ Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. AIA South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing use and additional trips are not anticipated. North South East West Zoning Port C1 Commercial C1 Commercial M1 Industrial and R2 Residential Comp Plan Port C1 Commercial C1 Commercial M1 Industrial and R2 Residential Existing Port Canaveral Light Concrete/Asphalt Port Canaveral Conditions Manufacturing/ Plant Vacant Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. AIA South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing use and additional trips are not anticipated. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. This project will not generate any added wastewater. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. This project could require approximately 1,400 gallons daily. Even though the variance request will not affect water quantity or quality there is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site consists of a Canaveral complex, gently undulating (Ca) soil type. Canaveral soils consist of nearly level and gently sloping soils that are a mixture of sand and shell fragments. The water table is between a depth of 10 to 40 inches for 2 to 4 months of the year and below a depth of 60 inches in the dry seasons. The natural vegetation is saw -palmetto and scrub live oak on ridges and sand cordgrass in sloughs. Historical and Archaeological Resources in Amendment Area: Not Applicable. Population Projections and Trends: Not Applicable. MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: August 11, 2005 RE: Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May project. Only one minor comment to label "Section C" located on page two. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. August 17, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review — Canaveral Bulk Storage - Review #2 SSA Job No. 95-0208/103-1004 Dear Mr. Peetz: SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee For Review #2 — Included in 1st Review NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065 Lic. #AAC000329 #EB0000762 #LB0006700 J:ICIVIL1ProjectslCAPE9-canaveral bulk storage review 2 approve.doc ' MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: August 11, 2005 RE: Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May project. Only one minor comment to label "Section C" located on page two. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. ,, . — 1 „ - _wOcUt nV0MO;'nuun 4f0 Q " " CSG 1 Dee 6. 2005 City of Cape Canaveral Building Dept. Ref. Canaveral bulk storage site plan The landscaping will be completed on or before the 31' of January 2006 Sincerely, Randy Mat��)z Canaveral Bulb Storage UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of 2005, by and between AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., a Florida corporation, PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, P.O. Box 326, Cape Canaveral, Florida 32920. WITNESSETH: WHEREAS, AMBASSADOR SERVICES, INC. is the owner of certain property located in the City of Cape Canaveral, Florida more particularly described in Exhibit "A" attached hereto and made a part hereto, and WHEREAS, CANAVERAL BULK TERMINAL, INC. is the owner of certain property located in the City of Cape Canaveral, Florida, more particularly described in Exhibit "B" attached hereto and made a part hereto and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC is by virtue of two long term leases recorded at OR Book 5563 at page 6055 of the Public Records of Brevard County, Florida as to the Exhibit A property and OR Book 5563 at page 6038 of the Public Records of Brevard County, Florida as to the Exhibit B property, the long term lessee of both parcels and in possession of same. WHEREAS, these parcels of property lie contiguous to one another; and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC has assembled these parcels to improve the property by constructing a single commercial facility on both parcels of property; and said unified property is described in Exhibit "C" attached 1 hereto and made a part hereof, and WHEREAS, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC and the CITY OF CAPE CANAVERAL desire to have the parcels recognized by the City as one (1) lot for development purposes under the City's land development regulations; and WHEREAS, the CITY OF CAPE CANAVERAL as a condition of site, plan . approval, has required the parties to record this Agreement to demonstrate unity of ownership and title in the above referenced parcels; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties, it is agreed as follows. - 1 . ollows: 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. AMBASSADOR SERVICES, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit A. 3. CANAVERAL BULK TERMINAL, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit B. 4. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree, as a condition of site plan approval, that the above referenced parcels of land shall be united in ownership and title for development purposes upon recording of this Agreement. 5. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC further agree to not sell, 2 convey, or assign any interest in these parcels, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. 6. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree and consent that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by Port Canaveral Terminal Services, LLC. 7. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree the provisions of this Agreement shall be binding upon the successors and assigns of the parties. This Agreement shall run with the land. 8. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC represent and warrant the property does not constitute homestead property under the laws of the State of Florida. IN WITNESS WHEREOF, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, have hereunder set their hands and seals the day and year first above written. Signed, sealed and delivered Mhe presence of Its 3 J11, STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared BA11441 4,54""_-j— , to me known personally to be theF,5-,r�,�,Z,;– of AMBASSADOR SERVICES, INC., who has produced Oce– as identification. He has acknowledged before me that he has the uthority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. __)�ITNESS my hand and official seal in the state and County last aforesaid this _ r day of c. 2005. CORRINA L. HALL Notary Public - State of Florida N o a ry Public ' My Commission Expires Sep 5, 2009 Commission # DD468286 /,,,•,t` Bonded By National Notary Assn. Signed, sealed and delivered in -presence o STATE OF FLORIDA COUNTY OF BREVARD CANAVERAL BUL7-3 INC. By It d>z I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared to me known personally to be the of CANAVERAL BULK TERMINAL, INC., who has produced 04 4� as identification. He has acknowledged before me that he has the au hority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS m hand and official seal in the state and County last aforesaid this 674�_ day of . , 2005. CORRINA L. HALL _'�',.�Y P`B`S: Notary Public - State of Florida My Commission Expires Sep 5, 2009 Commission # DD468286 Bonded By National Notary Assn. Notary Public El (13 Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD PORT CANAVERAL TERMINAL SERVICES, LLC By r� Its,Q' I HEREBY CERTIFY that on this day, before me, an officer duly authori d in the State and County aforesaid to take acknowledgments, personallyappeared I L� to me known personally to be the t`-jl,Fs1 OTA-)�— of PORI CAVERAL TERMINAL SERVICES, LLC, who has produced 4 kgs as identification. He has acknowledged before me that he has the au hority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS m hand and official seal in the state and County last aforesaid this 6-7�day of e --4f- - 2005. ATTEST- CORRINA L. HALL Notary Public - State of Florida My Coeanission Expires Sep 5 2009 Commission # DD46 2286 Bonded By National Notary Assn. , City Clerk Notary Public 5 CITY OF CAPE CANAVERAL , Mayor EXHIBIT "A" Parcel 1: A Parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East ( A Department of Natural Resources Certified Section Corner Document No. 0018707, 4-10-84); thence South 0 degrees 47' 35" East along the East line of said section 15, a distance of 1494.89 feet to the South Line of the North 174.90 feet of Government Lot 2, said section; thence North 89 degrees 52'44" West, along said line, a distance of 225.00 feet to the point of beginning; thence continue North 89 degrees 52'44" West, along said line a distance of 245.36 feet; thence North 23 degrees 08'26" East, a distance of 601.44 feet; thence North 0 degrees 00' 00" East, a distance of 124.61 feet; thence North 90 degrees 00'00" East, a distance of 9.00 feet; thence South 0 degrees 00'00" West, a distance of 678.17 feet to the point of beginning. Containing 1.642 acres, more or less and being subject to a 25.00 foot wide access easement along the East line and any other easements and/or rights-of-way of record. Parcel 2: The East 225.00 feet of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida, described as follows: Commence at the Northeast corner of Section 15 in Township 24 South, Range 37 East, thence go South on the section line 1494.9 feet to the point of beginning, thence South on said section line 451.3 feet. Thence West 945.5 feet to a stake on the shore of Banana River thence in a Northwesterly direction meandering the shore of the Banana River to a stake which is 1146.2 feet West of the point of beginning. Thence 1146.2 feet East to the point of beginning. Containing 11.06 acres more or less, together with riparian rights, said description being in accordance with survey of lands in Section 15, Towhsip 24 South, Range 37 East, For O.H. Chandler, Feb. 10, 1922, by Henrey B. Smith, Engineer. Less the East 225.00 Feet thereof. Parcel 3: A Parcel of land lying in Sectio 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, being a part of the lands described in Official Records Book 3463, Page 4483, Public Records of said Brevard County and being more particularly described as follows: Commence at the northeast corner of Section 15, Township 24 South, Range 37 East (A Certified Section Corner as Recorded in the Department of Natural Resources Document No. 00187), Dated April 01, 1984); thence South 00 degrees 47'335" East, along the East line of said Section 15, a distance of 559.00 feet to the Southerly line of the Canaveral Port Authority and the point of beginning; thence continue South 00 degrees 47' 35" East, along said line a distance of 935.49 feet to the North line of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida; thence North 89 degrees 34' 16" West, along said North line, a distance of 225.00 feet thence North 00 degrees 00'00" West a distance of 935.18 feet to the South line of the aforesaid Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 212.05 feet to the point of begimling. Containing 4.692 acres, more or less and being subject to any easements and/or rights-of-way of record. EXHIBIT "B" Lease Parcel A: A parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point in the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line. A distance of 890.41 feet to the point of beginning, said point being located at Station 238 + 07.69 and Range 2352.75 in the Canaveral Harbor grid system. Thence continue North 90 degrees 00'00" East, a distance of 296.69 feet; thence South 0 degrees 00'00" East, a distance of 124.61 feet; thence South 23 degrees 08'26" West, a distance of 601.44 feet to the Northerly line of the lands described in Deed Book 328, Page 311; thence South 89 degrees 52'44" West, along said line, a distance of 387.64 feet; thence North 0 degrees 00'00" East a distance of 174.90 feet to the Southwest corner of a Canaveral Port Authority Lease described in Official Records Book 3680, Page 1672, Public Records of Brevard County, Florida; thence North 89 degrees 54'08" East, along the South line of said Lease, a distance of 112.88 feet to the Southeast corner of same; thence North 23 degrees 08'26" East, along the Easterly line of said Lease and the U.S.Governnent meander line, a distance of 545.63 feet to the point of beginning. Said parcel containing 5.669 acres more or less, and being subject to any easements and/or rights of way of record. Lease Parcel B: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East, thence go South on the East section line 1494.90 feet to the point of beginning. Thence go South on said section line 451.30 feet, thence West 945.50 feet to the Easterly line of the Canaveral Port Authority; thence in a Northwesterly direction along said Port Authority's Easterly line to a point lying 11.46.20 feet West of the point of beginning. Thence 1146.20 feet East to the point of beginning. Containing 11.06 acres more or less. Together with riparian rights. Said description being in accordance with survey of lands in Section 15, Township 24 South, Range 37 East, for O.H. Chandler, Feb. 19, 1922, by Henrey B. Smith, Engineer, less the East 225.00 feet thereof, and subject to a perpetual and prepaid non-exclusive easements for ingress and egress over the Parcel 1 (Discovery Road Extension) as described herein which is specifically retained for the benefit of the Grantor, its successors and/or assigns. Along with perpetual and prepaid non-exclusive easements for ingress and egress over the following two parcels: Parcel I: (Discovery Road Extension) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point on the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line, a distance of 1,435.77 feet to the Southeast corner of the lands described in Official Records Book 3692, Page 1672; thence South 90 degrees 00'00" West, along the South line of said lands a distance of 112.88 feet to the Southwest corner of said lands and the easterly right-of-way line of Discovery Road and point of beginning; thence South 00 degrees 00'00" West a distance of 174.90 feet to the North line of the lands described in Deed Book 328, Page 311; thence North 89 degrees 52' 44" West, along said Deed line, a distance of 50.00 feet; thence North 00 degrees 00'00" East, a distance of 174.90 feet; thence North 89 degrees 52' 44" East, a distance of 50 feet to the point of begimling. All references refer to the Public Records of Brevard County, Florida. Parcel II: (Marlin Street Extension from the South Line of Canaveral Port Authority to the North 400 feet of the Lands Described in Deed Book 328 Page 311) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence South 0 degrees 47' 35" East, along the East line of said Section 15, a distance of 559.00 feet; thence North 89 degrees 55' 48" West along the South line of the Canaveral Port Authority, a distance of 171.08 feet to the point of beginning; thence South 0 degrees 00' 00" West, a distance of 391.87 feet; thence South 23 degrees 08'26" West, a distance of 40.72 feet; thence South 0 degrees 00'00" West, a distance of 505.94 feet to the North line of the lands described in Deed Book 328, Page 311; thence South 0 degrees 47' 35" East parallel with the aforesaid East line of Section 15, a distance of 400.00 feet; thence North 89 degrees 52'44" West parallel with the South line of the lands described in Official Records Book 328, Page 311, a distance of 50.00 feet; thence North 0 degrees 473511 West, a distance of 400.00 feet; thence North 0 degrees 00' 00" East, a distance of 516.07 feet; thence North 23 degrees 08' 26" East, a distance of 40.72 feet; thence North 0 degrees 00' 00" East, a distance of 3831.63 feet to the aforementioned South line of the Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 50.00 feet to the point of beginning. Said easements shall be perpetual and shall run with the land and shall include the right to construct and maintain road and sidewalk improvements over said parcels to effectuate ingress and egress of pedestrians and vehicles. EXHIBIT "C" A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF AFORESAID SECTION 15 (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER); THENCE S 00.47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 00047'35" E, ALONG SAID EAST LINE A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 8952'44" W, A DISTANCE OF 945.50 FEET TO THE WESTERLY LINE OF SAID LANDS, THENCE N 24036'56" W, ALONG SAID LINE, A DISTANCE OF 496.83 FEET TO THE NORTH LINE OF SAID LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE S 89°52'44" E, A DISTANCE OF 288.17 FEET; THENCE N 00000'00" W, A DISTANCE OF 174.90 FEET TO THE NORTH LINE OF GOVERNMENT LOT 2, SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE S 89°52'44" E, A DISTANCE OF 112.88 FEET TO THE EASTERLY LINE OF THE CANAVERAL PORTAUTHORITY; THENCE N 23008'26" E, ALONG SAID LINE, A DISTANCE OF 545.64 FEET; THENCE N 90°00'00" E, A DISTANCE OF 266.15 FEET; THENCE N 00000'00" W, A DISTANCE OF 257.06 FEET; THENCE S 89°55'48" E, A DISTANCE OF 251.62 FEET TO THE POINT -OF -BEGINNING. CONTAINING 23.070 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. bZ- UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of 2005, by and between AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., a Florida corporation, PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, P.O. Box 326, Cape Canaveral, Florida 32920. WITNESSETH: WHEREAS, AMBASSADOR SERVICES, INC. is the owner of certain property located in the City of Cape Canaveral, Florida more particularly described in Exhibit "A" attached hereto and made a part hereto, and WHEREAS, CANAVERAL BULK TERMINAL, INC. is the owner of certain property located in the City of Cape Canaveral, Florida, more particularly described in Exhibit "B" attached hereto and made a part hereto and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC is by virtue of two long term leases recorded at OR Book 5563 at page 6055 of the Public Records of Brevard County, Florida as to the Exhibit A property and OR Book 5563 at page 6038 of the Public Records of Brevard County, Florida as to the Exhibit B property, the long term lessee of both parcels and in possession of same. WHEREAS, these parcels of property lie contiguous to one another; and WHEREAS, PORT CANAVERAL TERMINAL SERVICES, LLC has assembled these parcels to improve the property by constructing a single commercial facility on both parcels of property; and said unified property is described in Exhibit "C" attached 1 hereto and made a part hereof, and WHEREAS, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC and the CITY OF CAPE CANAVERAL desire to have the parcels recognized by the City as one (1) lot for development purposes under the City's land development regulations; and WHEREAS, the CITY OF CAPE CANAVERAL as a condition of site. plan , . approval, has required the parties to record this Agreement to demonstrate unity of ownership and title in the above referenced parcels; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties, it is agreed as follows - 1 . ollows: 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. AMBASSADOR SERVICES, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit A. 3. CANAVERAL BULK TERMINAL, INC. represents and warrants that it possesses fee simple title to the Property identified is Exhibit B. 4. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree, as a condition of site plan approval, that the above referenced parcels of land shall be united in ownership and title for development purposes upon recording of this Agreement. 5. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC further agree to not sell, 4 convey, or assign any interest in these parcels, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. 6. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree and consent that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by Port Canaveral Terminal Services, LLC. 7. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC agree the provisions of this Agreement shall be binding upon the successors and assigns of the parties. This Agreement shall run with the land. 8. AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC represent and warrant the property does not constitute homestead property under the laws of the State of Florida. IN WITNESS WHEREOF, AMBASSADOR SERVICES, INC., CANAVERAL BULK TERMINAL, INC., and PORT CANAVERAL TERMINAL SERVICES, LLC, and the CITY OF CAPE CANAVERAL, have hereunder set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of : VA- AMBA AD R SE ICES, INC. B Its STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally aeared to me known personally to be the f /L6'S-rI)ck i of AMBASSADOR SERVICES, INC., who has produced ;jam 4,C. as identification. He has acknowledged before me that he has the authority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS hand and official seal in the state and County last aforesaid this day of , 2005. CORRINA L. HALL E Notary Public - State of Florida Notary PubIic My Co 0ftsion ExW� � 5, 2009Commission x /)/)468286 Bonded By Nabon� Notary Assn. Signed, sealed and delivered in the presence of r STATE OF FLORIDA COUNTY OF BREVARD CANAVERAL BULK'7A INC. By - Its I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, persona ll peared E:IVRI aa'� to me known personally to be the of CANAVERAL BULK TERMINAL, INC., who has produced ?D 14,c as identification. He has acknowledged before me that he has the autho Ity to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESSm hand and official seal in the state and County last aforesaid this '� day of �c� 2005. ------------ CORRINA L. HALL Notary Public - State of Florida My Commission Expires Sep 5, 2009 md Coession 8 DD468266 " Bonded By National Notary Assn. 6X 40 Notary Public -19 Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD PORT CANAVERAL TERMINAL S E RVIC€-S-L-LC r Its �, f2� `�• HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared to me known personally to be the ! K� . of PORT ANAVERAL TERMINAL SERVICES, LLC, who has produced _ 7) p-, �-1 c-, as identification. He has acknowledged before me that he has thea thority to execute this Agreement for the purposes set forth herein, ad he did not swear an oath. WITNESS my hand and official seal in the state and County last aforesaid this day of 2005. ATTEST: CORRINA L. HALL Notary Pubic - State of Florida Cw0ftion Expires Sep 5, ZOOS ¢ Commission 8 DD468Z86 Borbsd By Natloml Notary Assn. , City Clerk co"X��o Notary Public 5 CITY OF CAPE CANAVERAL , Mayor EXHIBIT "A" Parcel 1: A Parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East ( A Department of Natural Resources Certified Section Corner Document No. 0018707, 4-10=84); thence South 0 degrees 47' 35" East along the East line of said section 15, a distance of 1494.89 feet to the South Line of the North 174.90 feet of Government Lot 2, said section; thence North 89 degrees 52'44" West, along said line, a distance of 225.00 feet to the point of beginning; thence continue North 89 degrees 52'44" West, along said line a distance of 245.36 feet; thence North 23 degrees 08'26" East, a distance of 601.44 feet; thence North 0 degrees 00' 00" East, a distance of 124.61 feet; thence North 90 degrees 00' 00" East, a distance of 9.00 feet; thence South 0 degrees 00'00" West, a distance of 678.17 feet to the point of beginning. Containing 1.642 acres, more or less and being subject to a 25.00 foot wide access easement along the East line and any other easements and/or rights-of-way of record. Parcel 2: The East 225.00 feet of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida, described as follows: Commence at the Northeast corner of Section 15 in Township 24 South, Range 37 East, thence go South on the section line 1494.9 feet to the point of begimZing, thence South on said section line 451.3 feet. Thence West 945.5 feet to a stake on the shore of Banana River thence in a Northwesterly direction meandering the shore of the Banana River to a stake which is 1146.2 feet West of the point of begimling. Thence 1146.2 feet East to the point of beginning. Containing 11.06 acres more or less, together with riparian rights, said description being in accordance with survey of lands in Section 15, Towhsip 24 South, Range 37 East, For O.H. Chandler, Feb. 10, 1922, by Henrey B. Smith, Engineer. Less the East 225.00 Feet thereof. Parcel 3: A Parcel of land lying in Sectio 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida, being a part of the lands described in Official Records Book 3463, Page 4483, Public Records of said Brevard County and being more particularly described as follows: Commence at the northeast corner of Section 15, Township 24 South, Range 37 East (A Certified Section Corner as Recorded in the Department of Natural Resources Document No. 00187), Dated April 01, 1984); thence South 00 degrees 47' 35" East, along the East line of said Section 15, a distance of 559.00 feet to the Southerly line of the Canaveral Port Authority and the point of beginning; thence continue South 00 degrees 47' 35" East, along said line a distance of 935.49 feet to the North line of the lands described in Deed Book 328, Page 311 of the Public Records of Brevard County, Florida; thence North 89 degrees 34' 16" West, along said North line, a distance of 225.00 feet thence North 00 degrees 00' 00" West a distance of 935.18 feet to the South line of the aforesaid Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 212.05 feet to the point of beginning. Containing 4.692 acres, more or less and being subject to any easements and/or rights-of-way of record. EXHIBIT "B" Lease Parcel A: A parcel of land lying in Section 15, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point in the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line. A distance of 890.41 feet to the point of beginning, said point being located at Station 238 + 07.69 and Range 2352.75 in the Canaveral Harbor grid system. Thence continue North 90 degrees 00'00" East, a distance of 296.69 feet; thence South 0 degrees 00' 00" East, a distance of 124.61 feet; thence South 23 degrees 08'26" West, a distance of 601.44 feet to the Northerly line of the lands described in Deed Book 328, Page 311; thence South 89 degrees 52'44" West, along said line, a distance of 387.64 feet; thence North 0 degrees 00' 00" East a distance of 174.90 feet to the Southwest corner of a Canaveral Port Authority Lease described in Official Records Book 3680, Page 1672, Public Records of Brevard County, Florida; thence North 89 degrees 54'08" East, along the South line of said Lease, a distance of 112.88 feet to the Southeast corner of same; thence North 23 degrees 08'26" East, along the Easterly line of said Lease and the U.S.Government meander line, a distance of 545.63 feet to the point of beginning. Said parcel containing 5.669 acres more or less, and being subject to any easements and/or rights of way of record. Lease Parcel B: Commence at the Northeast corner of Section 15, Township 24 South, Range 37 East, thence go South on the East section line 1494.90 feet to the point of beginning. Thence go South on said section line 451.30 feet, thence West 945.50 feet to the Easterly line of the Canaveral Port Authority; thence in a Northwesterly direction along said Port Authority's Easterly line to a point lying 1 1.46.20 feet West of the point of beginning. Thence 1146.20 feet East to the point of beginning. Containing 11.06 acres more or less. Together with riparian rights. Said description being in accordance with survey of lands in Section 15, Township 24 South, Range 37 East, for O.H. Chandler, Feb. 19, 1922, by Henrey B. Smith, Engineer, less the East 225.00 feet thereof, and subject to a perpetual and prepaid non-exclusive easements for ingress and egress over the Parcel 1 (Discovery Road Extension) as described herein which is specifically retained for the benefit of the Grantor, its successors and/or assigns. Along with perpetual and prepaid non-exclusive easements for ingress and egress over the following two parcels: Parcel I: Discovery Road Extension A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence Westerly along the North line of said Section 15, a distance of 165.12 feet more or less, to a point on the U.S. Government meander line; thence South 23 degrees 08'26" West, along said meander line, a distance of 1,435.77 feet to the Southeast corner of the lands described in Official Records Book 3692, Page 1672; thence South 90 degrees 00' 00" West, along the South line of said lands a distance of 112.88 feet to the Southwest corner of said lands and the easterly right-of-way line of Discovery Road and point of beginning; thence South 00 degrees 00'00" West a distance of 174.90 feet to the North line of the lands described in Deed Book 328, Page 31 l; thence North 89 degrees 52' 44" West, along said Deed line, a distance of 50.00 feet; thence North 00 degrees 00'00" East, a distance of 174.90 feet; thence North 89 degrees 52' 44" East, a distance of 50 feet to the point of beginning. All references refer to the Public Records of Brevard County, Florida. Parcel Il: (Marlin Street Extension from the South Line of Canaveral Port Authority to the North 400 feet of the Lands Described in Deed Book 328 Paye 311) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Commence at the Northeast corner of said Section 15, and thence South 0 degrees 47' 35" East, along the East line of said Section 15, a distance of 559.00 feet; thence North 89 degrees 55' 48" West along the South line of the Canaveral Port Authority, a distance of 171.08 feet to the point of beginning; thence South 0 degrees 00' 00" West, a distance of 391.87 feet; thence South 23 degrees 08' 26" West, a distance of 40.72 feet; thence South 0 degrees 00' 00" West, a distance of 505.94 feet to the North line of the lands described in Deed Book 328, Page 311; thence South 0 degrees 47' 35" East parallel with the aforesaid East line of Section 15, a distance of 400.00 feet; thence North 89 degrees 52'44" West parallel with the South line of the lands described in Official Records Book 328, Page 311, a distance of 50.00 feet; thence North 0 degrees 47' 35" West, a distance of 400.00 feet; thence North 0 degrees 00' 00" East, a distance of 516.07 feet; thence North 23 degrees 08' 26" East, a distance of 40.72 feet; thence North 0 degrees 00' 00" East, a distance of 3831.63 feet to the aforementioned South line of the Canaveral Port Authority; thence South 89 degrees 55'48" East, a distance of 50.00 feet to the point of beginning. Said easements shall be perpetual and shall run with the land and shall include the right to construct and maintain road and sidewalk improvements over said parcels to effectuate ingress and egress of pedestrians and vehicles. EXHIBIT "C" A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF AFORESAID SECTION 15 (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER); THENCE S 000 47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 00°47'35" E, ALONG SAID EAST LINE A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89'52'44"W, A DISTANCE OF 945.50 FEET TO THE WESTERLY LINE OF SAID LANDS; THENCE N 24°36'56" W, ALONG SAID LINE, A DISTANCE OF 496.83 FEET TO THE NORTH LINE OF SAID LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE S 89°52'44" E, A DISTANCE OF 288.17 FEET; THENCE N 00°00'00" W, A DISTANCE OF 174.90 FEET TO THE NORTH LINE OF GOVERNMENT LOT 2, SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE S 8952'44" E, A DISTANCE OF 112.88 FEET TO THE EASTERLY LINE OF THE CANAVERAL PORTAUTHORITY; THENCE N 23008'26" E, ALONG SAID LINE, A DISTANCE OF 545.64 FEET; THENCE N 90°00'00" E, A DISTANCE OF 266.15 FEET; THENCE N 0000'00" W, A DISTANCE OF 257.06 FEET; THENCE S 89055'48" E, A DISTANCE OF 251.62 FEET TO THE POINT -OF -BEGINNING. CONTAINING 23.070 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Site Plans Item 14 No. parcel. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: SEA SHELL CAY TOWNHOMES 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. 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 SJRWN1D permit/exemption for drainage, and (4) City engineer to review stormwater calculations provided by the applicant. Exhibits Attached: 1. P&Z recommendation letter dated 12-15-05 2. Site plan application 3.City planner report 4. Staff comments 5. Site plan (hand-out) City Manager's Office Department (cape -rt.\ \mydor'6m6ntS admin\counci .ting\2006\01-03-06\seas he 11.doc Page 1 of 2 Bennett Boucher From: Todd Peetz [TPeetz@millerlegg.com] Sent: Thursday, December 15, 2005 11:23 AM To: Bennett Boucher; Todd Morley; Ed Gardulski; John Cunningham; Andy Kirbach; jpekar@stottlerstagg.com; Beatrice McNeely; chapman-cape@cfl.rr.com Subject: 12/14/05 P&Z & LPA Meetings Review Team, The FYI from Wednesday night's P&Z meeting. 1) Meeting Minutes - Minutes for 11/30/05 were approved with minor changes. 2) Utility Easement Agreement - Villa Campania - The Board recommended to council that the easement agreement be approved 5-0. 3) Special Exception 05-14 Residential in Commercial on Oak Lane - The Board recommended (after some discussion over the quality of the road) to the Board of adjustment that the special exception be approved 5-0. 4) Canaveral Bulk Storage Site Plan - There was considerable discussion over the process and the intention of the previous special exceptions granted on the property. It was agreed that at this time there doesn't appear to be any wrong doing on the part of the applicant or the City that had been suggested in the discussion. The applicant provided all the missing pieces of information that were requested at he last P&Z meeting. Recommend approval to City Council 5-0. 5) Sea Shell Cay Site Plan - There was some discussion about the few outstanding conditions that were identified by staff that the applicant has agreed to remedy. They were 1) add an easement to the final plat for access to lot 3 to north Atlantic. 2) Meet the condition of the public works director for sewer connection. 3) Provide a SJRWMD permit/exemption for drainage and 4) have the City engineer review the storm water calculations provided by the applicant. All other staff issues that were raised have been satisfied. The Board recommended approval to City Council with conditions 5-0. 6) Discussion Density Study - The meeting was already past 10 pm . Mr. Peetz provided a brief outline of the what the GIS information produced with some facts regarding different types of land uses. There was some discussion about what to do next. It was suggested to have a workshop with the City Council to discuss further. There was also some information related to the moratorium area discussed under this topic but it was in the context of the entire City. 7) Discussion Moratorium Study - Was not specifically discussed do to the time of night and the need to conduct the Local Planning Agency meeting. Meeting Adjourned approximately 10:20 pm The Local Planning Agency Meeting started approximately 10:20 pm 1) Meeting Minutes - Minutes for 6/8/05 were approved. 2) Discussion of the DCA ORC Report - We went through the objections and recommendations of the DCA Report. Mr. Peetz share with the LPA what DCA staff had mentioned in regards to the amendment. Basically the State does not want to increase density or intensity (square footage) in the CCCL area. It was discussed that the policy should be better clarified to meet the intent of the City. Some suggestions were provided like having greater building code standards, limiting density and or square footage to what property owners already have. Mr. Peetz mentioned that the City would need to adopt by January 20th to meet the Statutory requirement, next LPA meeting would be 1/11 and Council would need to 12/15/2005 City of Cape Canaveral 15, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Site Plan for Sea Shell Cay Townhomes - James E. Morgan, Applicant. At the Planning & Zoning Board meeting, held on December 14, 2005, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 . FAX: (321) 868-1247 wwwmyflorida.comlcape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Meeting Date: 12/14/05 AGENDA Heading Site Plan Item # No. Exhibits Attached: AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Sea Shell Cay — Site Plan DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan for Sea Shell Cay. Summary Explanation & Background: The requested site plan is for four (4) residential units. The site is located at the corners of North Atlantic, Harbor Drive and Coral Drive. The site has a special exception to allow residential use in a commercial district. Exhibits Attached: 1) Application, information from that applicant and staff comments. Planning Official's Office Department CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT Project Name: �� 6i4—C'L— �d 0 -- -- -= RESIDENTIAL: _.- 1, 2 & 3 Residential Units .............. .........TOTAL: $37.50 Total # of Units? 4 �— (4) or more Residential Units $50.00 (1st (4) Units), 150.00 Plus Units @ $7.50 per unit COMMERCIAL: —Total: -$- $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL:................$150.00 SITE PLAN RESUBMISSION• 50 % of original fee ......... TOTAL: .............. DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL 1 to 4 Units ...................�$700.00 Over 4 Units to 50 Units .................. $1,800.00 Over 50 Units or Hotel/Motel ........ $2,800.00 COMMERCIAL: Up to 4 Acres.................$1,800.00 Over 4 up to 8 Acres ..... $2,300.00 Over 8 Acres - Review fee to be established after pre - application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ `�1 CC7-, , 0C'> TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: PAID RECEIPT NO. DATE RECV'D_ -�-.� cc. 00 VA"ms E• DATE: S PROJECT NAXIE: �-- LE G,U DES CRLpTIO-i : �WNIER(S) �; -NIE: ll S PHO"lE '� BER: i AAr-E OF ,yRCFHTECT/E-. �C R: L1 PHO-"�T-21,MER: I-PPLIC:Ll�,;-T-S SIGNAT--P E: 0��+�ER OR AGEi�iT PHO'N�E i�t�,�ER: ��1� -- 9,Ga t 0 K- 633--g � i i9s SI'I'E "AA APPROVAL PROCEDURE: Step Y. Site Pian Submittal and Review Yes No Required: New mmercial building or structure? — New residential structures with th three or more dwe!IinQ Commercial addirions eYceedinQ 850 square feet? If Nes has been checked on any of the aboN --is-�-equii ed. �, a site plan sub - . mlttaI and review Step Z. Submit five (-, copies Profess of the site plan sued and Professional Eng�nenr2 of in the State of Florida 210 a by a tiling fen to the Building Ion` with a Zoning Department 30 days prior to the Planning aLd Board meeting. (The Board meets the 2nd and 4th ti " of every month.) ednesdav The Building Department shall distribute the site pians to the following depar-rments and return comment to the applicant within submittal. hin 10 days of its 1. Cite Engineer 2 • Buil din Q �. Department 3. Fire Official 4. Florida Department of Environmental Protectio (if appropriate) n tep 3. The applicant shall return nine with ` Titten res s (9) copies of the revised Pon es to all comments at least seven site plan along a Planning and Zoning meeting (> days prior to tep 4. Compliance with Stormwater Concurrency Management. tep 5. The Building Departrnent will return one (I) co v applicant marked with the Board's approval subject to of the site plan to the applicable. contingencies (if SITE PLAN CI ECKLIST SITE PLAN IN-FORAIATION: (General) Y es NO N.A. --5�4 1 Size. height, number of units and location of proposed and existing structures. Dimensions . -----T-otal-gross-ar-ea-and- pe=rcentagp levo ed to structures, parking and landscaping. Number of u nit, -Number of parsing spaces and loading zones ---_ Traffic flow diagram Density (units per acre) Location and dimension for the following areas: y Park(s) — - /1" CanaI(s) _X_. N-Va t e r- a v (s) -X- Boat slip (s) Parking -)L- Swimming P001(s) Drivewav(s) -K Recreation SITE PLAN CHECKLIST (CONTINUEp) PAGE Z es No N.A. Trash -�-- Sidewalks Dr Dune crossovers Other (specify) _ Type of enclosure for cnmm„n,t Fire alarm and standpipe data Viciniry ma❑ Location of planned landscaping Finished grades for the following: Entire parcel Finished floors Streets Parking Iots Sidewalks 10" of adjoining property Details. sections andspecifications Street lights / Water and sewer irk- MUSTCO PAGE -31 N' �UED) Yes No N.A. Paving and drainage Curbs ` — / Storm drains Sidewall s Engineer'sseal-on-dr-awincrs - Square foota'e of building areas Living Parking —% Other (spe-ciiv) Total under roof Required notes: Sidewall- and sanitary sewers to be constructed to Ci Cape Canaveral standards tv of ater -lines to conform to City of Cocoa standards Fire alarm s --stem to be installed and connect to City Cape Canaveral Fire Department standards. - of TOP��PHIC ST R` -Ey USC and G.S. dates Plane Existing str Existing est lights tic yeaH '"� 8U� =§�� p -all A'® x 8 E ire ri .'s r BREVARD COUNTY ROADWAY AND EASEMENT PERMIT PERMIT -TO BE POSTED AT JOB [E: 200508O2 RESPONSI�LF FOR DAMA8FS CONSTRUCTION TYPEx CITY PERMIT#: P01�832I }3E: DRIVEWAY FOR TOWN HOMES FRON7 DRAIN. NARP: C�LVEPT: ZONING CLASS: ACFMP: �OmST. VALUE: HEADWA|LS: 0 8AS HEAT: NO PERM]T MUSl BE FAXF� TO AKF.A W: 24 RS: 37 SC: 14 SUB: BK: LT: BDR: 0 L.AREA 0 �-CODE: 901 S/� NAME: HARBOR HEIGHTS WEST LUNST: ADD]T]nNAL PERMITTIHG :JILD. SIZE: COND SQ/FT: 0 OTHERTOTAL AND 3000 PST WITH WlRE ME9H TN C/}UNTY R/W 3 FT. MIN SQ/FT: 0 �ITE �0 FT. MlN FR�M TNTERSECT[nS ROAD R/W. RESTORE AND �OD ALL AREAS /DDRESS: SEA SHELL LANE OF THl� PERMIT TFfF PFRMlTTEE AGREF9 TO THF T�RMS CAPE CANAVERAL 3�9'j2 UB: RI6H7-DF-WAY TNSP�7T�ONS MUST BE PLAT BOOK AND PA8E lS NOT ON FILE MI|L: 26S0 �ONTRACT8R: N/A �i-LED TN CERT.#: ANn BY 4:3�F`M TO 8E lNSPECTF� PhO�E: /![�G: 0 NUMBER STREEl/ROAU C]TY S[ IP PP| l�AHT: A�| SH0RF? CONgTRUCTION PHONE ' : 321 6939941 DDRE5S: 413 \ INCOLN 4VE CAPE C�N��ERAi F> 3295? NUM9FR STREET/ROAD CITY Z/P �RMIT7EE RESPONSI�LF FOR DAMA8FS TO ROAD/FAS�h£NT5 0�RlN� COSTR|JC[|/�N CONDTTIONS FOR CONSTR(�CTIUN: LDT D|{ATNAGE: FRON7 DRAIN. NARP: C�LVEPT: GAUGE ACFMP: HEADWA|LS: MIlERiD ENDS PERM]T MUSl BE FAXF� TO AKF.A R�AD & RRIDS� PRIOR TD �ALL F�R CULVERT TNSTALLATION: NURTH AREA:264-6424 CFNTRAL 455-1392~� SOUTH 255-4352 AP},HU;ED PH]vFWA� W{�TH; 24' F[��{B[�ARD� MUST RF �"X6" OR 2"X6" N]DF TN COUNTY R�O.W. & EASEMENTS. !AMDSCAPlNS IN RI,�H�-0E-WAY & EASEM�N[S R EOUIRE ADD]T]nNAL PERMITTIHG CA|l633-?17RX2 COP CRETE 6 [NCHE5 IN DEPTH AND 3000 PST WITH WlRE ME9H TN C/}UNTY R/W 3 FT. MIN FLARE� EACH SI�E OF DRIVEWAY. �0 FT. MlN FR�M TNTERSECT[nS ROAD R/W. RESTORE AND �OD ALL AREAS DISTUR8ED BY CONSTR. TN CNlY R/W D� EASEMENT Y /\CCFPTANCE OF THl� PERMIT TFfF PFRMlTTEE AGREF9 TO THF T�RMS �D CONDIT]ONS [)F TH]S PERM)T. RI6H7-DF-WAY TNSP�7T�ONS MUST BE ]TTF[ED 48 HO/)R� P�IOR TO START DATE O�%1 1'11+I1 -Y CONSTRUC[lON AND ]MMERClAL F1 ND FINAL TNSPEClION� MU�T BE �i-LED TN 24 HOURS IN AUVA��E ANn BY 4:3�F`M TO 8E lNSPECTF� �F FOLLOW�NG BUS|�ESS DAY. PHON� 3�{-633-7�7R �P| [C4NT MU9T C/}MpLY WlTH F.S. 93.24'} FOH UTli[TY LUCATF INFORMA��UH. i�P[CTOR NAMF� RANDr DUpANl` �SP SIGNATURE___ DATE OF FlNAL INSP / / - -` --- -'- DATE OF IF)" !R [MSP Contractor responsiblefor any damage hn Right -of -Way and Easements and must repair and restore hJBrevard County and F/or|da,Depart0ent of Transportation Standards prior hJC/O ur Final /�^"��frncƒ� is l ^H� �r�� ,^�._~^`~ `~ ��/^�x �^om%3age Chapter 556, Florida Statues, requires tile Perrnittee, prior to any excavation or demolibon activities, to notify tile ONF-CALL sVstcm.(a1so called Sunshine State one -Ca done riot less fl). This is to he than 2, nor mole than 5, bLISITIeSs days before be APPUCATE City of Cape Canaveral Site Plan Sea Shell Cay Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: James Morgan Range: 37 Township: 24 Section: 14 Lot 4 C-1 Commercial: 0.54 +/- Acres 8 residential maximum whole site Commercial C-1 N/A 4 7.45 DU/AC Commercial C-1 Commercial C-1 Description: The applicant proposes to build four (4), two story townhome units on a 0.54 acre lot. The subject site is located on the northeast quadrant of North Atlantic Avenue and Harbor Drive. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning C1 Commercial C-1 Commercial R-1 Residential C-1 Commercial Comp Plan Cl Commercial C-1 Commercial R-1 Residential C-1 Commercial Existing Conditions Vacant and Single Family Residential Multi Family Residential Single Family Residential Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 3 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate 1,000 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 1,200 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development could generate 8 to 10 new persons. Site Plan To: Miller Legg & Assoc. Todd Peetz From: John J. Cunningham, Asst. Fire Chie �- Re: Sea Shell Cay Site Plan 2nd Submittal Date: 11-29-2005 We have reviewed the site plan and have the following comments: 1. The access driveway off N. Atlantic needs to be 20ft wide. CD ED Station #1 Station #2 190 Jackson Avenue • Cape Canaveral, Florida 32920 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 18, 2005 Re: Sea Shell Cay Site Plan Review I have reviewed the Sea Shell Cay Site Plan and have the following comments; 1) The applicant does not state whether there is a shared access easement for the driveways. The site plan should identify shared drive way easement for the two properties on North Atlantic. This could also be done at the time of the final plat. If you have any questions, or need further information please feel free to contact me at 407-629-8880. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director RE: Sea Shell Cay Townhomes Site Plan Review DATE: November 18, 2005 The Public Works Department has reviewed the above stated project and has the following Condition: 1. Any interconnecting 4" sanitary sewer laterals between two or more Units shall have a 6" or larger pipe from the union point to the sewer main. J 1 _1 I 1 LtK December 7, 2005 Mr. Tadd Mcrley City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE: Site Plan Review -- Sea Shell Cay - Review #2 SSA Job No. 05.0025/012-1004 Clear Mr. Morley: SSA has reviewed the above -referenced project and based on our review, SSA has the following comments: Provide a copy of the SJR'WMD ERP Stormwater Permit/Exemption. 2. Please address the stormwater issues within the site. Provide a copy of the drainage, calculations for the project including the routing of the 25-year/24-hour storm event. This review does not relieve the applicant from other iocal, 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 An lrbach, XP__ Project Engineer City Engineer's Review Fee For Review #if2 — Included in Review 41 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2"" review will be billets at $95.00 per hour. 5TOTTUR STAGG & A.S�C ATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 north Atlantic Avenue P. O7 Box 16",40 _W! Canaveral. Florida 32.920 Tel 321.7&3-;320 Fax 321-7&1.7065 u:i�n soScm+24croiRarojecielcapeU.sn ehe,7 sayinw 2 oor. Lic. #AAC.(Y 339 PEROU)162 #LB300000 Meeting Type: Regular Meeting Date: 01-03-06 AGENDA Heading Discussion Item 15 No. Discussion item only. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: C-1 LOW DENSITY COMMERCIAL DISTRICT DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Rocky Randels requested a discussion item on the future of the C -I Low Density Commercial District within the Al A corridor. Summary Explanation & Background: Focus of discussion: Is the current list of permitted uses and special exception uses satisfactory to serve the needs of our residential community? Discussion item only. Exhibits Attached: C-1 Low Density Commercial District Code City Manager's Office Department LEGISLATIVE ( cape--k-Im\my*cuments\admin\council\meeting\2006\01-03-06\C-l.doc DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 1 of 6 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* *Cross references: Sign regulations in the C-1 low density commercial district, § 94-99. Sec. 110-331. Intent. The requirements for the C-1 low density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. All buildings in this district shall be considered in the fire district, as per the definition in section 110-1, and shall be built in conformance with the rules and regulations of fire districts. (Code 1981, § 637.45) Sec. 110-332. Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: (1) Retail stores, sales and display rooms. (2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. (3) Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses. (4) Hotels, motels. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. (5) Eating establishments. (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. (7) Banks and financial institutions. (8) Commercial recreation, such as driving ranges, bowling alleys and similar uses. (9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks. (10) Repair service establishments, such as household appliances, radio and TV and similar uses, but not including automobile repairs. (11) Kindergartens and child care facilities. http://Ilbrarytest.municode.com/mcc/DocView/12642/l/252/268/273 12/15/2005 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 2 of 6 (12) Shopping centers and malls. (13) Retail sale of beer and wine for off -premises consumption. (14) Public schools. (Code 1981, § 637.47; Ord. No. 17-96, § 3, 10-1-96) Sec. 110-333. Accessory uses and structures. In the C-1 low density commercial district, customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the district, are permitted. (Code 1981, § 637.49) Sec. 110-334. Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: (1) Veterinary hospitals and clinics. (2) Radio and television studios, broadcasting towers and antennas. (3) Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of section 110-566, shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system http://Iibrarytest.municode.com/mcc/DocView/12642/1/252/268/273 12/15/2005 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 3 of 6 components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials, restroom facilities. 8. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to section 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. (4) Places in which goods are produced and sold at retail upon the premises. (5) Vocational and trade schools not involving operations of an industrial nature. (6) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Also see section 110-332. (7) Dry cleaning establishments using noninflammable solvents and cleaning fluids, as determined by the fire chief. (8) Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (9) New and used automobiles, major recreational equipment and mobile home sales with accessory services, subject to the following: http://librarytest.municode.com/mcc/DocView/12642/l/252/268/273 12/15/2005 DIVISION 5. C -I LOW DENSITY COMMERCIAL DISTRICT* Page 4 of 6 a. All outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. (10) Single-family dwellings, two-family dwellings, townhouses and multiple -family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 district. (11) Commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. c. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view. (12) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (13) Theatres, drive-in theatres, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of section 10-86 et seq. (14) Carwashes, including polishing, and sale of related materials. (15) Vehicle rental facility, as provided in § 110-556 of this Code. (Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03) Sec. 110-335. Prohibited uses and structures. In the C-1 low density commercial district, the following uses and structures are prohibited: (1) All uses not specifically or provisionally permitted in this division. (2) Any use which fails to meet performance standards specifications as provided in section 110-466. (3) Bottle clubs. (Code 1981, § 637.53) Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: http://Ilbrarytest.municode.com/mcc/DocView/12642/l/252/268/273 12/15/2005 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 5 of 6 a. Service stations, hotels and motels, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 50 percent. (5) Minimum living or floor area shall be as follows: a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light housekeeping, not less than 400 square feet. c. All other principal uses and structures, 300 square feet. (6) The maximum height of all buildings constructed within the C-1 district shall be 45 feet. (Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96) Sec. 110-337. Minimum setbacks. (a) In the C-1 low density commercial district, the minimum setbacks required shall be as follows: (1) Front, 25 feet. (See subsection (b) of this section.) (2) Side (interior lot line), zero feet; 25 feet when abutting a residential district. (3) Side (corner lot line), 25 feet. (4) Rear, 10 feet; 25 feet when abutting a residential district. (5) Public or private street, 25 feet. (b) See section 110-536 for special setbacks. (Code 1981, § 637.55) Sec. 110-338. Landscaping, screening and parking. In the C-1 low density commercial district, landscaping, screening and parking shall be provided pursuant to article IX of this chapter pertaining to supplementary district regulations. (Code 1981, § 637.57) Sec. 110-339. Offstreet parking and access. In the C-1 low density commercial district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-466. http://Ilbrarytest.municode.com/mcc/DocView/12642/l/252/268/273 12/15/2005 DIVISION 6. VEHICLES AND VESSELS* Sec. 110-556. Vehicle rental facility. Page 1 of 1 (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Subsequent to March 4, 2003, vehicle rental facilities may only be permitted by special exception in C-1 and C-2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: (1) A vehicle rental facility shall not be located within one-third of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000 square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. (Ord. No. 02-2003, § 3, 3-4-03) Secs. 110-557--110-565. Reserved. http://librarytest.municode.com/mcc/DocView/12642/l/252/281/287 12/15/2005