HomeMy WebLinkAboutPacket 05-03-2005 RegularCity of Cape Canaveral
UNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 3, 2005
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION:
Business and Cultural Development Board - Business Recognition
Spring Single -Family Beautification Award
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of April 19, 2005.
2. Proclamation for Civility Month.
3. Resolution No. 2005-12; Appointing One Regular Member to the
Construction Board of Adjustments and Appeals. (Don Bergherm)
4. Resolution No. 2005-13; Reappointing One Regular Member to the
Community Appearance Board. (Walter Bowman)
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, Florida
City Council Regular Meeting
May 3, 2005
Page 2 of 2
5. Resolution No. 2005-14; Appointing One Regular Member and One
Alternate Member to the Planning & Zoning Board. (Alice Filteau and
Donald Dunn)
CONSIDERATIONS:
6. Motion to Approve: Proposal from Todd Peetz of Miller Legg and
Associates to Conduct a Residential Inventory of Developed and Vacant
Land in the Amount of $11,000.00.
SITE PLANS:
7. Motion to Approve: Revised Site Plan for Portside Villas to Add Entrance
Security Gates.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience To Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
Memo
To: BENNETT C. BOUCHER, CITY MANAGER
From: BUSINESS & CULTURAL DEVELOPMENT BOAR
Date: 4/21/2005
Re: AGENDA ITEM FOR MAY 3, 2005 CITY COUNCIL MEETING
The Business & Cultural Development Board selected Communications Concepts, Inc. to
receive the Quarterly Business Recognition Award.
The board wishes to present CCI with a Key to the City. Please place this presentation on
the May 3, 2005 City Council agenda.
Respectfully,
<S' -h '� o,) /
Beth Foy, Chairperson
Memo
To: Bennett Boucher, City Manager
From: Ed Gardulski, Public Works Director .
l
Date: April 14, 2005
Re: Agenda item for May 3, Council Meeting,
Spring Single -Family Beautification Award Presentation
The Beautification Board voted at their 4/12 meeting and selected a winner for the
Spring Single -Family Beautification Award.
The winner is Ms. Babette Henkle — 321 Coral Drive.
Alternate Board Member Judy Hale will present the award to the winner.
Please place this item on the May 3, 2005 Council Meeting Agenda.
EG/ch
.es Page 1
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member Absent:
Council Member
Others Present:
City Manager
City Attorney
Assistant City Attorney
City Clerk
City Treasurer
Building Official
Storm Water Coordinator
PRESENTATION:
April 19, 2005
7:00 PM
MINUTES
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Steve Miller
Bennett Boucher
Anthony Garganese
Kate Latorre
Susan Stills
Andrea Bowers
Todd Morley
Jeff Ratliff
Waste Management, Implementation of the Automated Cart Program for Garbage
and Green Waste.
Mr. George Geletko, Representative of Waste Management, Inc., presented a report on
implementation of the Automated Roll Cart Program. His presentation would provide a
status on the program, the size of the carts and the proposed pick-up schedule. Mr.
Geletko stated that residents would have two interchangeable carts for both yard waste
and garbage and he also stated that the 96 -gallon cart could hold three garbage cans. He
expressed the benefits of how the automated system would decrease blown debris.
Mr. Geletko explained the pick-up schedule as a three day per week schedule; one day for
green waste, one day for recycling and two days for garbage pick-ups. Large item pick-
ups would be performed on the second garbage pick-up day. Mr. Geletko stated that a
four time major clean-up would occur in January, April, June and November to clear -out
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 2 of 12
substantial landscape debris especially during the pre and post hurricane season. He
explained that the large containers would benefit in keeping leaves out of the storm drains.
Mr. Geletko stated that several media would provide customer education through: 1) direct
mail, 2) the Hometown News, and 3) the City web site. He stated that there are two cart
sizes available, the 64 -gallon to accommodate zero lot line properties and the 96 -gallon for
residences. Mr. Geletko outlined that Phase I includes a direct mail to residents during the
first week of May. Phase II; continued communication during the first week of June and
Phase III; the cart delivery during the last two weeks in June. Mr. Geletko emphasized that
education would occur prior to the cart delivery. He called on Mr. Kenny Rivera to address
the proposed pick up schedule.
Mr. Rivera pointed out that Shorewood Drive south to Madison Avenue comprised the
Monday/ Thursday pick-up and south of Madison Avenue to Grant Avenue from the beach
access to Atlantic Avenue would make up the Tuesday/ Friday. He planned to ensure that
residents were informed of their schedule for garbage and yard waste pick-ups. Mayor
Randels asked if the company planned to have two trucks operating in order to return to
the one day, both side of the street pick-up. Mr. Rivera replied that an additional truck
depended on the City's overall growth. Mayor Randels expressed that a Monday green
waste pick-up was essential to the after the weekend debris removal.
Mayor Randels explained that last fall the City entered into an Agreement with Waste
Management and the automated cart program was proposed. He stated that the City's
garbage rates decreased by seventy cents per unit total since December 2004. The rates
would remain decreased as long as the City's growth continued. Mayor Randels stated
that the cart program would impact 1,600 single-family homes. Mr. Rivera stated that the
cart program did not apply to condominiums. Mayor Randels explained that the savings
would implement the cart system and, therefore, lower operations and worker's
compensation expense for the company.
Mr. Rivera explained that the refrigerator magnets would outline the days for the quarterly
major yard waste clean-ups. Ms. Andrea Schaffner pointed out that according to the
proposed schedule, the carts would remain at the curb for five days per week. Discussion
followed on reducing the number of pick-ups. Mr. Tom Quinn expressed that that carts
were too large for most garages and he preferred to keep the existing system. Mr. Dunn
asked if there was an option on a resident's preference of cart size. Mr. Geletko explained
that those who live in residences with zero lot line would receive the 64 -gallon cart.
Mr. Geletko explained to Mayor Pro Tem Hoog that the planned scheduled was proposed
in order to perform a complete pick-up. Discussion followed on adjusting the schedule in
order to accommodate a full City pick-up of yard waste on Mondays. Mr. Geletko replied
to Mr. Petsos that Satellite Beach, Indiatlantic and Melbourne Beach were also looking into
the cart program. Mr. Boucher reminded that the schedule was set for implementation by
July 1. Discussion continued on adjusting the collection schedule in order not to have
carts on the street many days out of the week.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 3 of 12
Mr. Geletko replied to Mayor Randels that the Clam Shell is used for oversized yard waste
loads and the carts could contain all other yard waste debris. He replied to Mayor Pro
Tem Hoog that at this time the Clam Shell removes bulky items. Mr. Rivera replied to
Mayor Randels that two and one-half trucks are in operation to clear the entire City using
the existing system. Mr. Geletko emphasized that the cost of the vehicle warranted
frequent use. He stated that the Agreement outlines a timeline for implementation. Mayor
Randels recommended a workshop in order to address details of the program
before implementation.
BOARD INTERVIEW:
Don Bergherm, Construction Board of Adjustment & Appeals
Mayor Randels clarified that Mr. Bergherm expressed an interest to serve on the Code
Enforcement Board; however, there are no vacancies on the Code Board at this time.
Mr. Don Bergherm responded to the Assistant City Attorney, Kate Latorre that all
information on his application was true and correct to the best of his knowledge. He
disclosed no pending projects in the City that would cause a Conflict of Interest. Mr.
Bergherm stated that he has spent most of his adult life working in government. His
experience is not of a technical nature in construction, but of rules and regulations of
government, primarily the Federal government. He also worked in dispute resolutions with
the Internal Revenue Service. He is a licensed realtor and has an active interest in real
estate issues. He expressed his personal interest as a resident to see quality in Cape
Canaveral real estate.
Mr. Morgan and Mr. Petsos expressed that he would be an asset to the Board. Mayor
Randels related that Mr. Bergherm served as President to the Costa del Sol Condominium
Association. Mr. Quinn affirmed to Mayor Randels that the Board last met in 2003. Mayor
Randels explained to him that the Construction Board of Adjustments and Appeals is a
Board based on an applicant's perception of the Building Officials decisions. The Board is
called on to resolve issues when an applicant disagrees with those decisions. The Board
has not met due to the Building Official's effective performance. Mr. Bergherm stated that
he would be happy to serve if it served the needs of the community. Mayor Randels
stated that a Resolution to appoint him to the Board would be placed on the next City
Council meeting Agenda.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of April 5, 2005.
2. Proclamation for Municipal Clerks Week.
3. Proclamation for National Public Works Week.
4. Resolution No. 2005-10; Re -appointing Three Regular Members to the
Community Appearance Board (K. Hayes, B. Bruns, and W. Bowman).
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 4 of 12
S. Resolution No. 2005-11; Appointing One Regular Member and One First
Alternate to the Business and Cultural Development Board (B. Leach and J.
Anderson).
6. Renewal of Turf Area Fertilization, Insect, Disease, and Weed Control
Services with Black's Spray Service in the Amount of $13,395.
Mayor Randels asked if any member of Council, staff or interested party desired to remove
any items from the Consent Agenda for discussion.
Mayor Pro Tem Hoog questioned why Mr. Bowman did not submit a reappointment letter.
Ms. Stills stated that Mr. Bowman did not submit a letter of reappointment in that he was
considering his decision. Council requested to see a response from Mr. Bowman prior to
reappointing him to the Community Appearance Board. Mayor Randels stated that
Resolution No. 2005-10 would proceed and Walter Bowman's name removed until he
submits his reappointment letter.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve Consent Agenda Items No. 1 through 6 as submitted. The vote on the
motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan,
For; Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
7. Motion to Approve: Collective Bargaining Agreement with the International
Union of Operating Engineers, Local 673.
Ms. Stills distributed final corrections to the Union Contract. Mayor Randels thanked Ms.
Stills for her assistance in working through the negotiations. Mayor Randels made note of
the decrease of the Probationary Period from six months to 90 -days, benefits to part-time
employees, a 1.5 percent Cost of Living Adjustment, and elimination of the of the word
"may" and inserting "shall" for employees who receive a very good or higher on their
performance evaluations. Mr. Boucher stated that the Union ratified the Contract. He also
stated that the City Attorney's office approved the Contract for legal form. Mayor Randels
concluded that the Contract was for a three-year term and up to three items per year could
be negotiated.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the
Collective Bargaining Agreement with the International Union of Operating
Engineers, Local 673. The vote on the motion carried 4-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels,
For.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 5 of 12
8. Motion to Approve: Proposal from L.A. Construction to Construct the
Remaining Pedway at Manatee Sanctuary Park in the Amount of $19,255.00.
Ms. Hanson explained that due to the grant award, the first section of the pedway was
completed; however, in order to make effective use of equipment and the current cost of
materials, she recommended project completion. Mayor Randels stated that Recreational
Impact Fees were available.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Proposal from L.A. Construction to Construct the Remaining Pedway
at Manatee Sanctuary Park in the Amount of $19,255.00. The vote on the motion
carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr.
Petsos, For and Mayor Randels, For.
9. Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates
to Conduct a Residential Inventory of Developed and Vacant Land in the
Amount of $11,000.00.
Mayor Randels explained that the Planning and Zoning Board recommended a study in
order to address residential density. Mr. Lamar Russell stated that the Board was asked to
prepare this item, however, he inquired of the source of the request. Mr. Petsos replied
that he made the request. Mayor Randels stated that this item is not budgeted and would
be expended from the General Fund Contingency. Mayor Randels made note that the
motion language would be amended to read "in an amount not to exceed." Mr. Petsos
expressed that this research would allow for planning prior to the next Comprehensive
Plan review. Attorney Garganese pointed out that the study is a prudent step in providing
data and analysis.
Mr. Morgan expressed his concern with the possible effects of changing the density and
creating a non -conforming status. Mr. Petsos stated that his concern was redevelopment.
Mr. Morgan explained that a lot that could accommodate five units would only be allowed
to reconstruct three units. Attorney Garganese pointed out that another purpose of the
study would identify the potential in conversions of a single-family area to a large
condominium project that might not sustain service levels. The data would establish if
there was a need. Mr. Morgan stated that he saw that reduction would occur during
reconstruction. He only saw jeopardy on roadways and streets. Mayor Pro Tem Hoog
noted that on the last report from the Building Official, he saw no more than 13 units per
acre. He stated that the existing data did not support the need for a study. Mr. Morgan
stated that a decrease in density would automatically occur due to zoning even during
redevelopment.
Mr. Lamar Russell expressed that he was not hearing the Council's favor to proceed with
the research and, therefore, did not choose to waste the Board's time with review if
Council was not in expressed favor. Mr. Morgan stated that the City's levels of service are
intact. Mr. Boucher replied to Mr. Morgan that the Wastewater Treatment Plant was at 51
percent capacity with three-quarters of the City developed. Mayor Randels summarized
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 6 of 12
that consensus appeared split and questioned if the Council should wait until Mr. Miller
were present to formulate a decision. Mr. Morgan stated that zoning is stable and the
Building Official would not allow more units per acre than allowable. Mayor Pro Tem Hoog
stated that he was not in favor of the study due to the cost. He expressed that special
exceptions that he found similar to spot zoning impacted an area to a greater extent.
Mayor Randels explained that on the Presidential streets more units could be constructed
per lot. Mr. Morgan requested that Council Table the Item Until the Next Scheduled
City Council Meeting. Mayor Randels stated that this would allow for the inclusion of all
members of the Council.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Table
the Proposal from Todd Peetz of Miller Legg and Associates to Conduct a
Residential Inventory of Developed and Vacant Land in an Amount Not to Exceed
$11,000.00.
The vote on the motion to Table Item No. 9 carried 4-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
10. Motion to Approve: Settlement Agreement with Mermaid Key, LLC.
Mayor Randels read the Agreement Whereas clauses as:
• Whereas, Mermaid Key owns certain real property located within the City; and
• Whereas, Mermaid Key intends to develop the Subject Property in the future; and
• Whereas, Mermaid Key contacted the City Building Official with the intention to
remove certain noxious/invasive trees species from the Subject Property; and
• Whereas, the Building Official noticed Mermaid Key that a land clearing moratorium
was currently in effect; and
• Whereas, Mermaid Key indicated that it fully understood and intended to comply
with the provisions of the land clearing; and
• Whereas, the Building Official authorized Mermaid Key to clear noxious/invasive
tree species from the Subject Property; and
• Whereas, on March 10, 2005, the Building Official performed a routine inspection of
the Subject Property in furtherance of ensuring compliance with his previous
authorization and discovered that several native and/or protected trees had recently
been removed in violation of the land clearing moratorium; and
• Whereas, subsequent to inspection, the Building Official prepared an Inspection
Report dated March 11, 2005 which evidences the total diameter at breast height
(dbh) of the protected trees removed from the Subject Property to be 106 inches;
and
• Whereas, Mermaid Key admits to erroneously removing the protected trees in
violation of the land clearing moratorium; and
• Whereas, on March 30, 2005, Mermaid Key advised the City it was willing to
remediate its removal of the protected trees and settle any potential code
enforcement violations against it in lieu of the City instituting code enforcement
action and expending valuable resources embroiled in time-consuming code
enforcement proceedings; and
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 7 of 12
• Whereas, Mermaid Key is uncertain as to when the Subject Property will be
developed; and
• Whereas, the parties acknowledge that providing replacement trees on the Subject
Property at this time with no approved development project would be impracticable,
due to the uncertainties associated with the future development of the Subject
Property; and
• Whereas, in order to address this current impracticality, Mermaid Key desires to
immediately provide replacement trees to the City to be planted elsewhere at the
City's discretion in order to immediately remedy the code violation and to replace a
benefit currently enjoyed by the citizens of Cape Canaveral; and
• Whereas, Mermaid Key acknowledges and agrees that landscaping on the Subject
Property will be required when the Subject Property is permitted for development.
Mayor Randels read the provisions from Mermaid Key to the City as:
• Mermaid Key shall provide to the City a number of trees with a combined dbh of at
lease two hundred twelve (212) inches, for planting with the City.
• The species and size of such trees shall be subject to the City Manager's prior
approval and shall be listed on the Desirable Species List set forth in Chapter 102
of the City Code.
• Each tree shall not be less than four (4) inches dbh.
This Settlement Agreement in no way affects Mermaid Key's obligation, upon future
development of the Subject Property, to abide by the City's Code requirements
regarding minimum tree replacement.
Mayor Randels read the provision from the City to Mermaid Key as:
• The City Manager, at his discretion, shall determine suitable locations within the
City for the replacement trees to be planted.
• The planting and maintenance of such trees shall be the responsibility of the City.
• The City shall not prosecute Mermaid Key for the removal of the protected trees
from the Subject Property as long as Mermaid Key satisfies its obligations under
the terms and conditions of this Settlement Agreement.
Mr. Todd Morley stated that the Agreement summarizes the situation correctly. The City
Attorney developed a binding settlement agreement. Mr. Gibson was asked to provide a
suggested remedy which was submitted to the City Attorney for inclusion into this
Agreement. Mr. Gibson, Mermaid Key representative, stated that the situation was grossly
misrepresented. He stated that he had the City Manager and the Building Official's
authorization to remove Brazilian pepper trees from the site. He informed that a tree
survey identified two oak trees on the site, only one of which was removed.
Mr. Gibson stated that at the meetings on January 12th and February 15th, he was aware
of only oak trees in discussion for the land -clearing moratorium. At the time of the
discussion, his project was one of those grandfathered -in as already in progress. He
stated that he contacted the City prior to the pepper tree removal. He stated he was told
that there was no need for a site -clearing permit. Mr. Morley also told the St. John's River
Water Management that no site -clearing permit was required. Mr. Gibson explained that
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 8 of 12
some pepper tree roots extended into one of the oaks and when the pepper trees were
removed, so was the oak tree. When the Building Official inspected the site, wax myrtles
came into discussion. He stated that wax myrtles were not considered hardwood trees nor
are palm trees. Mr. Gibson informed that two oak trees have since been mitigated onto
the property for 200 percent mitigation. He expressed that he had staff approval to remove
the peppers and subsequent to that hand -clearing was authorized.
Mr. Gibson explained that he called his hand clearing crew who did not use heavy
equipment. He stated further that he requested a permit for a fence; however, an alligator
on the site postponed the permit. Mr. Gibson stated that he did not see the fairness of the
City attempting to impose a moratorium on a project that had authorization to proceed. He
stated that his firm's offer to settle has been withdrawn subsequent to the Agreement letter
from the City Attorney. Mayor Randels affirmed that those developers who had begun
projects were excluded from the moratorium. Mr. Gibson replied to Mayor Randels that
one oak tree was removed and two have since been replaced. Mayor Pro Tem Hoog
clarified that the moratorium was on protected trees and stated that palm trees are
included in the mitigation portion of the land -clearing ordinance as well as the wax myrtle.
Mr. Morgan pointed out that there is a Section in the Ordinance that references protected
trees.
Attorney Garganese stated that he prepared a Settlement Agreement based on
information provided. He recommended that the Council rescind the Agreement and
proceed through Code Enforcement action. Mr. Morley replied to Mayor Pro Tem Hoog
that in accordance with City code, he is required to notify the St. John's River Water
Management District with regard to potential disturbance of wetlands. Mr. Morley reported
that there was no destruction of mangroves. The representative from St. John's
suggested, however, that land clearing discontinue until a permit was granted or a
notification of no permit acquired. Mr. Morley replied to Mr. Morgan that the projects in
process were subject to the existing ordinance. Mr. Morgan requested to know what was
destroyed according to the current City codes. Mr. Morley replied that 106 inches of
protected species was cleared. Discussion clarified that there was no land -clearing permit.
Attorney Garganese stated that under the existing code, the penalty is $250.00 per inch for
violation of tree removal.
Mr. Gibson restated that both Mr. Morley and Mr. Boucher told him that he did not need a
land -clearing permit which was also told to the St. John's representative. Mr. Gibson
informed that palm trees are not measured by diameter at breast height [dbh] but by
height. Mr. Gibson replied to Mr. Morgan that two, five to five and one-half diameter oak
trees have since been mitigated. Mr. Petsos recommended that staff address this issue.
Mayor Randels referred to Section 102 of the City code and reminded that this code is still
in effect regarding tree protection. Attorney Garganese stated that the Settlement
Agreement was an opportunity to avoid an adversarial proceeding before the Code Board.
With a reasonable settlement to approve, the matter would proceed to the Code Board.
Mr. Gibson responded that he was unaware of any time limitation to respond to the
Settlement letter. Mayor Randels inquired as to what would resolve 106 dbh of destroyed
trees? Mr. Boucher stated that the final issue is the location to plant the proposed trees
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 9 of 12
and to provide a specified time. Discussion followed on the rationale of planting trees that
might need relocation at a future date. Mayor Randels recommended an escrow account
for the cost of planting replacement trees. Discussion followed on remedies for mitigation.
Mr. Boucher asked if Council preferred that the developer mitigate 106 dbh or 212 dbh.
Mayor Pro Tem Hoog asked if he could plant three additional oaks. Mr. Gibson affirmed.
Mr. Norm Boucher suggested that the developer donate three oak trees to the Manatee
Sanctuary Park. Mr. Morley replied to Mayor Pro Tem Hoog that a compliance inspection
identified that protected species were removed. He stated that only authorization for
Brazilian pepper removal was granted. Attorney Garganese inquired if the Council
preferred three, five to five and one-half dbh oak trees planted at the Manatee
Sanctuary Park. Council members agreed by majority that these terms were
acceptable. Mr. Boucher confirmed that the trees would be planted within 30 days. He
said that once the trees were planted and the planting confirmed, then Mermaid Key could
resume with construction. Attorney Garganese stated that Mr. Gibson and/or Mr. Greene
needed to sign the Binding Settlement Agreements based on the agreed upon terms.
No further action was taken on this item.
ORDINANCES: Second Public Hearing:
11. Motion to Adopt: Ordinance No. 05-2005; Amending Chapter 102, Vegetation;
Providing for Land Clearing Permit Requirements; Providing for Standards of
Review; Providing for Rules and Regulations Regarding the Preservation of
Trees; Providing for Tree Replacement Guidelines; Providing a Limited
Exception for Land with Three or Fewer Residential Dwelling Units; Providing
Conforming Amendments to Chapter 110, Sections 566 Through 568, at
second reading.
Mayor Randels read Ordinance No. 05-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 102 OF THE CODE OF ORDINANCES, VEGETATION; PROVIDING FOR
LAND CLEARING PERMIT REQUIREMENTS; PROVIDING FOR STANDARDS OF
REVIEW; PROVIDING FOR RULES AND REGULATIONS REGARDING THE
PRESERVATION AND PROTECTION OF TREES; PROVIDING FOR TREE
REPLACEMENT GUIDELINES; PROVIDING A LIMITED EXCEPTION FOR LAND
WITH THREE OR FEWER RESIDENTIAL DWELLING UNITS; PROVIDING
CONFORMING AMENDMENTS TO CHAPTER 110, SECTIONS 566 THROUGH 568;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
For the record, Mayor Randels stated this as the eighth meeting on this issue. He
recounted the dates as: December 13, 2004 the first Joint Meeting with the Planning and
Zoning Board; the second meeting, the First Reading, January 18, 2005 to Approve the
First Reading of Imposing a 30 -Day Moratorium; Second Reading, February 1St the
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 10 of 12
Second Reading to Impose the 30 -Day Moratorium ; the fourth meeting, a Joint Meeting
with the Planning and Zoning Board on February 23`d; the fifth meeting, on March 1St a
Joint Meeting with the Planning and Zoning Board and the City Council continued review
of a 30 -page draft ordinance; the sixth meeting, a Joint Meeting with the Planning and
Zoning Board on March 9th and City Council reviewed a 37 -page draft ordinance; the
seventh meeting on March 21St a revised 42 -page draft ordinance. This meeting on April
19th being the eighth meeting and Second Reading and Final Hearing on the Ordinance.
The meeting was duly noticed by legal advertisement on April 9th.
Mayor Randels noted on Page 5, Section 102-37 a provision that was inserted during Mr.
Morgan's absence, "this division shall be applicable to all land lying in the incorporated
area of the City of Cape Canaveral, except for residential dwelling units as specifically set
forth in subsection (e) below. Specifically three or less residential building units, land
containing three or less residential units shall be exempt." Mr. Morgan affirmed that he was
aware of the amendment. Discussion clarified that the three units or less exemption would
be addressed at a later time in a separate ordinance. Mayor Randels expressed concern
with a lot at the corner of Harbor and Coral Drive. Mr. Morgan explained that he could
build up to seven units; however, he planned to develop four units on the .6 acre lot. Mr.
Morgan referred to a residential lot in Harbor Heights with a large tree that might also
hinder development.
Mr. Morley noted the difference in penalties between the existing codes to the proposed
code. He informed that the proposed code would incur penalties to Mermaid Key in an
amount $19,600; however, those penalties are $26,500 under the existing code.
Discussion brought out that the intent of the ordinance was to present the developer with
options for mitigation and not to emphasize penalty for removal. Mr. Morgan pointed out
that the goal was tree protection. Mr. Morley also asked if the City planned to continue to
measure palm trees by diameter at breast height [dbh]. Attorney Garganese informed that
by using State law, $5,000 is the standard for an irreparable violation. A tree over 24 -
inches and a specimen tree incurred a double penalty. Mr. Morley replied to Mayor Pro
Tem Hoog that Mr. Greene requested to remove the Brazilian peppers in order to gain a
more accurate tree survey.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Ordinance
No. 05-2005 at second reading. The vote on the motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor
Randels, For.
DISCUSSION:
12. Vacation Rentals.
Mr. Boucher informed that Brevard County discussed this matter; however he intended to
develop more specific definitions in order to provide regulation. Mr. Morgan stated that
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 11 of 12
there is no licensing for this type of activity and that is a cause for violation. Mayor Randels
explained that these rentals are advertised on the Internet and large groups are taking
advantage of using single-family residences as vacation rentals. Mr. Boucher stated that
Code Enforcement is pursuing regulation; however, it is difficult to regulate a covert
activity. Mr. Morgan expressed to see condensed language regulating the disallowance of
the activity. Mayor Randels concluded that staff has Council's consensus to
proceed with ordinance language. Mr. Norm Boucher related that augmentation to the
properties have occurred to accommodate the large groups. He spoke in favor of a brief
but effective ordinance and suggested to take action now and not wait for a County
ordinance.
AUDIENCE TO BE HEARD:
• Mr. Lamar Russell inquired about Ordinance No. 04-2005 on the City Council
March 15th Agenda. He referred to the item on Vehicle Rentals. He stated that
the item was referred to the Planning and Zoning Board from the Board of
Adjustment and was reviewed at length; however, the City Council refused to make
a motion on the item for discussion. He asked why the City Council disregarded
the item. Mr. Morgan expressed that he was not aware of the background details.
Mr. Petsos stated that he did not support the item. Mayor Pro Tem Hoog
expressed that he sat in on the Planning and Zoning Board meetings in the past;
however, he listened at the Board meeting and he was not asked any questions.
He stated that the Scooter Rental owner is currently breaking his Special Exception
provision and he expressed that scooter rental does not promote tourism, but a
problem. Mayor Pro Tem Hoog stated that he was not in support of the ordinance.
Mr. Russell expressed that his past year on the Planning and Zoning Board has
been unbeneficial. He also expressed that when the Board crafts new ordinances
and performs research, he finds language that the City used in 1985. He finds what
the Board has done so far is an effort for other communities. He concluded that the
Board would like to have heard from the Council on the issue.
REPORTS:
1. City Manager
• Mr. Boucher reported that he needed to schedule four workshop meetings: the Access
Management Plan that needed discussion in a Joint Meeting with the Planning and Zoning
Board, the Goals and Action Meeting, the City Hall Facilities Plan, and a workshop on
the Waste Management Cart System.
• Mr. Boucher reported that he received the Portuguese visit itinerary. Ms. Christina
Brown of NASA is traveling to Portugal and will gain further information. Mr. Boucher
stated that he has passport renewal applications for those interested ingoing. He restated
that the airfare at this time is $1,100 and Ms. Brown will inquire about any specials for
International Relations.
• Mr. Boucher stated that further discussion is needed on gaming ship illegal sewage
dumping. He informed that he received a response from Canaveral Port Authority stating
that they are meeting the three-mile requirement. He asked if the Council desired for him to
confer with other coastal cities on this matter. Council discussion pointed out that coastal
water quality is diminishing and action is needed due to its impact on these communities.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 19, 2005
Page 12 of 12
2. Staff
No reports were forthcoming due to the lateness of the hour.
3. City Council
Mayor Pro Tem Hoog
Mayor Pro Tem Hoog inquired about the status of BellSouth's objection to remove their
utility from County right-of-way. Mr. Boucher replied that a Brevard County Roadway
representative will write BellSouth a letter. Attorney Garganese stated that BellSouth had
two objections: 1) the City cannot force them to move a utility from a County roadway and
2) the developer should incur the cost because of the resulting benefit.
ADJOURNMENT:
There being no further business the meeting adjourned at 10:25 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
WHEREAS, the open exchange of public discourse is essential to the
democratic system of government; and
WHEREAS, as a cornerstone of democracy Americans have observed
certain rules of behavior generally known as civility; and
WHEREAS, civility, derived from the Latin words "civitas" meaning city
and "civis" meaning citizen, is behavior worthy of citizens living in a community or
in common with others; and
WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack
of respect and personal attacks detract from the open exchange of ideas, prevent
fair discussion of the issues, and can discourage individuals from participation in
government; and
WHEREAS, civility can assist in reaching consensus on diverse issues
and allow for mutually respectful ongoing relationships; and
WHEREAS, civility can uplift our daily life and make it more pleasant to
live in an organized society; and
WHEREAS, the City, County and Local Government Law Section of The
Florida Bar urges the adoption of a pledge of civility by all citizens in the State of
Florida.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape
Canaveral, Brevard County, Florida do hereby proclaim the month of May 2005
as
CIVILITY MONTH
And call upon all citizens to exercise civility toward each other.
CITY, COUNTY AND L
CHAIR.
Craig H'Coller
111 NW 1st St., Ste. 2810
Miami, FL 33128
(305) 375-5151
chc@miamidade.gov
CHAIR-ELECT-
K.
HAIR-ELECTK. Kaye Collie
201 S. Rosalind Ave., FL. 4
Orlando, FL 32801
(407) 836-5690
kaye.collie@occompt.com
SECRETARY/TREASURER:
Mary Helen Campbell
P.O. Box 1110
Tampa, FL 33601-1110
(813)272-5670
campbelim@hillsboroughcounty.org
IMMEDIATE PAST CHAIR:
Kenneth W. Buchman
P.O. Box 5
Plant City, FL 33564
(813) 659-4242
kbuch@tampabay.rr.com
BOARD LIAISON:
Charles "Chobee" Ebbets
210 S. Beach St., Ste. 200
Daytona Beach, FL 32114
(386) 253-2288
cebbets@cfl.rr.com
EXECUTIVE COUNCIL:
Terms Expiring 2005.
District 3
Liz Hernandez
Miami
(305) 460-5218
District 5
Vivien Monaco
Orlando
(407) 836-7320
Terms Expiring 2006:
District 4
Susan L. Trevarthen
Ft. Lauderdale
(954) 763-4242
Terms Expiring 2007:
District 1
Cari L. Roth
Tallahassee
(850)222-8611
District 2
Grant Alley
Ft. Myers
(239) 332-6709
Terms Expiring 2005
At -Large Members:
James L. Bennett
Clearwater
(727)464-3354
Jewel White Cole
Clearwater
(727)464-3354
Edward A. Dion
Fort Lauderdale
(954) 357-7600
Cynthia A. Everett
Coral Gables
(305)446-3244
Joseph Jarret
Bartow
(863) 534-6482
Karl Sanders
Jacksonville
(904) 633-7979
Ex -Officio Members:
All Past Chairs
SECTION ADMINI STRATOR:
Carol J. Kirkland
The Florida Bar
ckirkland@flabar.org
April 1, 2005
Mayor Rocky Randels
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920-0326
MENT LAW SECTION
Re: Proclamation and Pledge of Civility in the Month of May
Dear Mayor Randels:
Please join with other cities and counties in the State of Florida to proclaim
May as Civility Month. Like last year, we have expanded our program to
include Florida's district school boards.
We hope that the pledge of civility will uplift the tone and conduct in your
meetings. Civility uplifts our common life, and invites citizens to participate
in their government. The art of civility requires constant application
everyday.
The attorneys of the City, County and Local Government Law Section of The
Florida Bar ask you to renew the pledge of public conduct. A sample
proclamation is enclosed for your use. We urge all citizens to exercise civility
toward each other throughout the year.
Thank you for your attention to this important matter.
Sincerely,
Crai . Coller
Chair
Enclosure
CHC:ck
THE FLORIDA BAR/651 EAST JEFFERSON STREET/TALLAHASSEE, FLORIDA 32399-2300/ (850) 561-5631/FAX: (850)561-5825
PROCLAMATION
W&reas, the open exchange of public discourse is essential to the democratic system of
government; and
W&reaS, as a cornerstone of democracy Americans have observed certain rules of behavior
generally known as civility;
`INFcereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning
citizen, is behavior worthy of citizens living in a community or in common with others; and
Whereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and
personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can
discourage individuals from participation in government; and
W%iereaS, civility can assist in reaching consensus on diverse issues and allow for mutually
respectful ongoing relationships; and
W%iereaS, civility can uplift our daily life and make it more pleasant to live in an organized
society; and
Whereas, the City, County and Local Government Law Section of The Florida Bar urges
the adoption of a pledge of civility by all citizens in the State of Florida.
Now, therefore, be it resofved, by the City Commission of the City of
that the month of May is proclaimed as Civility Month, and calls
upon all citizens to exercise civility toward each other.
Passed and adopted this day of 12005.
ATTEST:
CLERK
Meeting Type: Regular
Meeting Date: 05-03-05
AGENDA
Heading
Consent
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-12, APPOINTING A REGULAR MEMBER TO THE
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of Resolution No. 2005-12, appointing Don Bergherm as a regular member to
the Construction Board of Adjustments and Appeals.
Summary Explanation & Background:
Mr. Bergherm was interviewed by City Council on 04-19-05. His term will expire on 12-15-2008.
Please advise.
Exhibits Attached:
Resolution No. 2005-12; Application
City Man 'Office
Department LEGISLATIVE
cap im\my o fame in\council\ 005\05-03-05\2005-12.doc
RESOLUTION NO. 2005-12
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS 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 2-171(f) created a Board known as the Construction Board of
Adjustments and Appeals; 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. Don Bergherm is hereby appointed as a regular member of the
Construction Board of Adjustments and Appeals of the City of Cape Canaveral, Florida,
with a term to expire on December 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 May 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Steve Miller
Susan Stills, CITY CLERK
Jim Morgan
APPROVED AS TO FORM: Buzz Petsos
Rocky Randels
Anthony Garganese, CITY ATTORNEY
Date: March 31, 2005
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Susan Chapman, Secretary, Construction Board of Adjustment and
Appeals
Re: Request to Interview Prospective Board Member - Don Bergherm
The Construction Board of Adjustments and Appeals last meeting was held on
December 2, 2003. As you know, the Board usually meets every few years or
SO.
The Board is in desperate need of additional members. As you will recall,
recently Donald Dunn transferred to the Planning & Zoning Board. There is
currently only three members on this Board.
I would suggest that the City Council interview Mr. Bergherm to serve as a Board
member on the Construction Board of Adjustment and Appeals.
Please schedule his interview for the City Council meeting for April 19, 2005 and
I will send a letter to the current Board members and invite them to the meeting.
If I can be of further assistance in this matter, please let me know.
Randal byrd
2325 Jason Street
Merritt Island, FL 32952
City of Cape Canaveral
Re: Construction Board of Adjustments and Appeals
Interview with Prospective Board Member
Don Bergherm
-,
Dear Mrd:
You are cordially invited to attend the City Council meeting on April 19, 2005 at 7:00
p.m. when City Council will be interviewing prospective board member Don Bergherm.
Normally, the Board would interview the applicant and make recommendation to the City
Council. However, as you know, the Construction Board of Adjustments and Appeals
has not had a meeting since December 2, 2003.
If you have any questions, please give me call.
Sincerely,
Susan L. Chapman
Board Secretary
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.m.yflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Norman Boucher
419 Jackson Avenue
Cape Canaveral, FL 32920
City of Cape Canaveral
Re: Construction Board of Adjustments and Appeals
Interview with Prospective Board Member
Don Bergherm
�efVy'
Dear Mr. Boercfier
You are cordially invited to attend the City Council meeting on April 19, 2005 at 7:00
p.m. when City Council will be interviewing prospective board member Don Bergherm.
Normally, the Board would interview the applicant and make recommendation to the City
Council. However, as you know, the Construction Board of Adjustments and Appeals
has not had a meeting since December 2, 2003.
If you have any questions, please give me call.
Sincerely,
Susan L. Chapman
Board Secretary
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
Tom Quinn
303 E. Central Blvd.
Cape Canaveral, FL 32920
City of Cape Canaveral
Re: Construction Board of Adjustments and Appeals
Interview with Prospective Board Member
Don Bergherm
c rn
Dear Mr.
You are cordially invited to attend the City Council meeting on April 19, 2005 at 7:00
p.m. when City Council will be interviewing prospective board member Don Bergherm.
Normally, the Board would interview the applicant and make recommendation to the City
Council. However, as you know, the Construction Board of Adjustments and Appeals
has not had a meeting since December 2, 2003.
If you have any questions, please give me call.
Sincerely,
Susan L. Chapman
Board Secretary
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
MAR 21 2005 8:59AM COCOA BEACH REALTY,INC. 321 784 4200 p.2
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMEMT TO CITY AIMSORY SOARD OR COMMITTEE
Pumuaet to 8ectloa 2471, Cape Cana uld Code
City Cock requires pnnpmtvo and emsting board rrwnbers to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee it that person has been
convicted of a felony. unless their civil rights have been restored.
please compiate the following in the space provided:
A. GENERAL
1. Applicant Name: Do.w \U e R CT l e 2, / L
2. Home Address: -S-9(90 A/, =- % -�' =v ✓ ' - /� � �'`* .
3. Hama Telephone: .3 - S� ' S� o J `T 3� I 41.3 3
-------- ------
4. O=Vadm
5. Business Telephone: Jai
6. husiness Address:
8. ELIGVWTY
1 -he kftnnation provided in this section is for WrPO es Of detemdning whether you are eligible
to asrve on a City advisory board Or cwnn*k e
Are you duty registered to vote in Brevard Courny?
2. Have you been a resident of the MY of Cape
Canaveral kx 12 months or longer?
30. Have you ever been convicted or found guilty. regardless
d adjudlcadon, of a felony in any jurisdiction? Any plea
of nob contendere (no contest) shall be considered a
convidion for purposes of this question.
4a.
if yes to 3e, have your dviil rights been msWred?
00 you preserwey serve on any other City Of Cape
Canaveral advisory board or committee?
4b. If yes to 48, please list each
M-Z(N)
(Yu—/ (N)--
M (N)
M tN)..Lr
MAR 21 2005 9:OOAM COCOR BEACH REALTY,INC. 321 784 4200 P.3
S. City ordinance requiree #w all persons appl kv for a
City advisory board or committee mint vOkw ta* consent
to a standard criminal backwound back bafm being
appointd to a board or committee_ 00 year vduntapity
cat mm.t to hwvinp a standard background check
perhimied on you by the City of Cape Caravans?
6a Aro you MWftd to a City of Cape Canaveral Council
member by blood, adoption or marriage?
m__LZ (N)
6b. if yes to 8a, Please provide name($) of pen*r(s) and 111atlareship to you:
1. Briefly stain yo x interest in
2. Bridity state Spry Prior
ort a City_ advlsory,boand or committee: , �—
/�sc�,fr,a*�
a in serving on any govemmentsi board or aomrnittss:
3. Please list any specialized Wb and Vaining (e.g., ankh tock enOmeer, general
contractor, atc.) that you feel help to qualify you for members an the desired board or
corrutfittes:
4. In numerical sequence (1 = most interested), please rank which advisory board or
corrrrriittee on which you wish io serve:
a.
b.
BeauNication Bomud
Board of Adjustment'
Business and Cultured Developnerit Board
Code Enbmwnent Board'
Carnnunity Appearance Boapd'
Conabvcdon Board of Adusbrwnt and Appeals'
L&ary Board
Planning and Zoning Board'
Recreation Board
Oliwr.
*A#*Mbsrs of tineas boards are requhvd to oor g*fe arrd tPJe with the SW*A3sor of Ekw f m a
FWna»riI Dhmposm Form e+pon appoN*nw rt to said hoard and prior to duty f of each year
fok"i g phis ink apporn "W* wftv so a member of Said board
MAR 21 2005 9:OOAM COCOA BEACH REALTY,INC. 321 784 4200
D. STATE REPORTING REQUIREIYE WM.
Sec bm 760.60, Florida SWkfts, mqum" that the City annually submit a repod b Um Secandwy
of Stats disda*V rens, gender and physical disabilities of boars and oorm ttee members-
P'leom d wk the appropriate boxes:
AM 29mm
African Amerk an Agale
Asia"metican Female
Hispanio-Amariean Not Known
Native American
.,, Caucasian �B.ITY
Not Known Physically disabled
YOU HAY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PES, THAT THE INFORMATION PROVIDED HEREIN IS TRUE ALMA ACCURATE TO
THE WMT OF YOIAt KNO!tIVL.EDOE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNO WJ3)GE 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). YM04 MAY PERTAIN TO
YOU IF YOU ARE APPOWI'ED TO A CITY ADVISORY BOARD OR COMMITTEE, AND W
APPOWED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
• Initial appointment to mW City board is subject to City Council appy oral fokm4ng a brief
komiew beftm fhe City Gourds at a rsgufarsy schedutad mee*V
• Your apptcadonvdil remain m%chve for one yearh+orn the date of aompsstlorh.
• If you should have any gAstons ragew'ding the cwnPk6m of the a*bmdon, pleam
=Mato o City C%ws, Office at (321) 868-1221.
S*Mkmw- A� /I. -, --
Please return to: City of Cape Canaveral
Office of the City Clark
105 Pok Averuie
Cape Canaveral, Florida 32920
p.4
Meeting Type: Regular
Meeting Date: 05-03-05
AGENDA
Heading
Consent
Item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-13, REAPPOINTING A REGULAR MEMBER TO THE
COMMUNITY APPEARANCE BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of Resolution No. 2005-13, reappointing Walter Bowman as a regular member
of the Community Appearance Board.
Summary Explanation & Background:
Mr. Bowman responded in writing. This is a non-resident reappointment and his term will expire 05-01-08.
Please advise.
Exhibits Attached:
Resolution No. 2005-13
City Manager's
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\05-03-05\2005-13.doc
RESOLUTION NO. 2005-13
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING ONE REGULAR MEMBER TO
THE COMMUNITY APPEARANCE 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 22-37 created a Board known as the Community Appearance Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to reappoint member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Walter Bowman is hereby re -appointed as a regular member of the
Community Appearance Board of the City of Cape Canaveral, Florida, with a term to
expire on May 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 May 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Steve Miller
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
FROM : BOWMAN A & E
FAX NO. : 321. 523999
vvalzer puw f I +a, ,
123 Surf Drive
Cocoa Beach. FL 32931
Dear Mr. Bowman'.
Canaveral
Apr. 21 2005 02:02PM P1
323 868--3248 P..01
'ity of Cape Canaveral
Your term on the Comfnunity Appearance Board expires on May 1, 2005.
Please check the box that indicates your desire to continue to serve on the Board
€or another three-year term and return this notice immediately to your Board
secretary or the City Clerk. Tha resolution to re -appoint Board membe's is
scheduled to appear on ttte City Count;{ Agenda of Tuesday, APH 15. 2005.
Thank you.
i DO wish to be considered for reapPantmOnt.
l p Sft to tie CD red for reappcintmenl.
{S,gnature)
C rnmunity Appearance Board. hlernbw
Sincerely,
Susan Stilts. CMC
CITY CLERK
105 Polk Avenue • post fhTfze Boz 326 • Cspe Canavcrai. FL 32,420-0326
icicph<u�c: i32U 8G8-►2z� SUNC.:ONI: ��$2-12211 f X: (322186 -
WVrW:�tlyQrl�l�.�un�/Ca1X • C-aiaii: ccspttanavrrdcF-rr_�orn
Meeting Type: Regular
Meeting Date: 05-03-05
AGENDA
Heading
Consent
Item
5
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-14, APPOINTING A REGULAR AND FIRST ALTERNATE
MEMBER TO THE PLANNING & ZONING BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of Resolution No. 2005-14, appointing Alice Filteau as a regular member and
Donald Dunn as a first alternate member of the Planning & Zoning Board.
Summary Explanation & Background:
Regular member Walter Schoenfeld recently resigned. These board appointments move Mrs. Filteau and Mr. Dunn
up respectively.
I recommend approval.
Exhibits Attached:
Resolution No. 2005-14; Resignation letter
City Manager's O
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\05-03-05\2005-14.doc
RESOLUTION NO. 2005-14
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING A REGULAR MEMBER AND A FIRST ALTERNATE
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 and one (1) Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Alice Filteau 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. Donald Dunn is hereby appointed as First Alternate of the Planning and Zoning
Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2008.
SECTION 3. 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 May, 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Steve Miller
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
Re:
Resignation from Planning and Zoning Board
And
Application for Code Enforcement Board
Dear Mrs. Stills and Mr. Morley,
Please accept this correspondence as my resignation from the Planning and Zoning Board effective
immediately. I feel that the Board is well served by its existing and alternate membership and this
transition should be a smooth one.
I would like to make myself available for the next vacancy on the Code Enforcement Board.
Please notify me when a vacancy occurs. I will be happy to make official application as soon as
necessary.
It has been a pleasure serving and working with the community on this Board and I look forward to
new challenges with the Code Enforcement Board.
Sincerely,
Walter Schoenfeld
419 Lincoln Ave
Cape Canaveral, FL 32920
(321) 799-4737
April 26, 2005
-
To:
i ✓
•�;
Susan Stills,
`
City Clerk
✓ J
and
Todd Morley,
Building Official
Re:
Resignation from Planning and Zoning Board
And
Application for Code Enforcement Board
Dear Mrs. Stills and Mr. Morley,
Please accept this correspondence as my resignation from the Planning and Zoning Board effective
immediately. I feel that the Board is well served by its existing and alternate membership and this
transition should be a smooth one.
I would like to make myself available for the next vacancy on the Code Enforcement Board.
Please notify me when a vacancy occurs. I will be happy to make official application as soon as
necessary.
It has been a pleasure serving and working with the community on this Board and I look forward to
new challenges with the Code Enforcement Board.
Sincerely,
Walter Schoenfeld
419 Lincoln Ave
Cape Canaveral, FL 32920
(321) 799-4737
Meeting Type: Regular
Meeting Date: 05-03-05
AGENDA
Heading
Considerations
item
Summary Explanation & Background:
No.
2005, the Planning & Zoning Board requested that a residential inventory study be conducted for the purpose of
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: PROPOSAL TO CONDUCT A RESIDENTIAL INVENTORY OF
DEVELOPED AND VACANT LAND
DEPT./DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider the proposal from City Planner Todd Peetz of Miller Legg and Associates to conduct a GIS
based residential inventory of vacant and developed land in the amount of $11,000 as requested by the Planning &
Zoning Board.
Summary Explanation & Background:
City Council had tasked the Planning & Zoning Board to evaluate the existing residential density. On March 23,
2005, the Planning & Zoning Board requested that a residential inventory study be conducted for the purpose of
modifying the comprehensive land use plan to lower the land use density.
This is not a budgeted item, and the $11,000 would have to be appropriated from the general fund contingency.
This proposal was tabled by City Council on 04-19-05.
Please advise.
Exhibits Attached:
Todd Peetz Proposal; P&Z Minutes
City Man r' Office -
Department GROWTH MGMT/P&Z
m\my o Lunen admin\council\meeting\2005\05-03-05\inventory.doc
Page 1 of 2
Bennett Boucher
From:
Todd Peetz [TPeetz@millerlegg.com]
Sent:
Tuesday, April 05, 2005 9:49 AM
To:
Bennett Boucher
Cc:
Rick Pryce; Todd Morley
Subject: FW: Cape Canaveral
Bennett,
Per our discussion, the GIS cost estimate is $10,000. Once the data is assembled it's should be very easy to
summarize in a report. I would estimate 4-6 hours to write a report and another 3-4 hours to attend a meeting and
present the information.
Similar to the other work for the City, we could prepare the study on an hourly basis not to exceed $11,000.
If you have any comments or questions let me know.
Sincerely,
Todd Peetz
From: Rick Pryce
Sent: Monday, April 04, 2005 5:45 PM
To: Todd Peetz
Subject: RE: Cape Canaveral
Todd,
Just a confirmation on the conversation we had today, the cost will be around $10,000.
Richard D. Pryce, PSM
G.I.S. - Survey Dept. / SFO
954-436-7000 Ext -207
From: Todd Peetz
Sent: Monday, April 04, 2005 2:30 PM
To: Rick Pryce
Subject: FW: Cape Canaveral
Rick,
Do you have a ball park figure to do the mapping? The City Council Meeting is tomorrow and they will probably
be asking.
Todd
04/11/2005
Page 2 of 2
From: Todd Peetz
Sent: Tuesday, March 29, 2005 10:14 AM
To: Rick Pryce
Subject: Cape Canaveral
Rick,
Per our discussion, the City of Cape Canaveral is considering a density reduction but want to base it on valid
reasons to justify a reduction. They would like to have a residential inventory prepared that would identify the
vacant land areas, and existing developed land areas that could be redeveloped. As mentioned one problem is
that a large number of single family homes are being purchased and turned into townhomes or 2 units or more.
We also have older apartments and condos that were built before the City was incorporated in those cases the
densities may already exceed the permitted density, so if those properties were to be redevelop that may also
have a impact on density. They want to use this information to determine whether a density reduction is
necessary and if so by how much?
We have information from the property appraiser from August, but we may need to update that information if it is
not available online.
I believe the City Manager would like to inform the City Council of the request and the anticipate cost at their
meeting next Tuesday. I will add to the back end of your work to write the report and make presentations as
appropriate.
Thanks for your help
Todd Peetz, AICP
Senior Planner
Miller Legg & Associates, Inc.
631 South Orlando Ave., Suite 200
Winter Park, FL 32789
407-629-8880
407-629-7883 (fax)
CE News 2002 & 2003 "Top 50 Best Places to Work in the USA"
04/11/2005
Planning & Zoning Board
Meeting Minutes
March 23, 2005
Page 2
3. Discussion Re: Density - Todd Peetz, City Planner.
Todd Peetz, City Planner provided a report of the density of approved projects within the
past 3-4 years. He explained that the table showed a compilation of acreage, number of
units, and density of recently approved site plans. The average density is 10.658; and a
two -unit townhouse development has a density of 13.9 units per acre. He noted that the
majority of the projects are between 8-12 units per acre. Lamar Russell gave a tutorial
on Amendments 10 and 14 of the United States Constitution. Discussion followed
regarding existing residential density and traffic congestion. Following a lengthy
discussion, the Board concluded that they would be in favor of reducing residential
density for the following reasons: traffic congestion; coastal high hazard; hurricane
evacuation; impact on parks and greenway; impact on sewer, water, and drainage; and
overcrowding schools.
Motion by Bea McNeely, seconded by John Fredrickson, to recommend that City Council
conduct a study to gather statistics and data for the purpose of modifying the
Comprehensive Land Use Plan to lower the land use density. Vote on the motion
carried unanimously.
OPEN DISCUSSION
1. Discussion Re: The Recommended Approval of the Proposed Ordinance
Re: Special Exception Requirements for Minimum Lot Sizes and
Distances for Vehicle Rentals and Sales.
Board Member, Donald Dunn, questioned why the City Council did not take a
vote on the proposed ordinance. The Board questioned why it was disregarded
after all their time and effort. They agreed that they deserve an explanation from
City Council. The Board further questioned what happens now with the special
exception request for outside display, sales, and rentals. The Board directed City
Attorney, Anthony Garganese to look into it.
2. Discussion Re: Proposed Ordinance to Amend Chapter 102
City Attorney, Anthony Garganese briefed the Board on the updated changes.
Following discussion, the Board concurred with the proposed ordinance for 1st
reading at the next City Council meeting.
There being no further business for the Board to consider the meeting was
adjourned at 9:30 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Board Secretary
Meeting Type: Regular
Meeting Date: 05-03-05
AGENDA
Heading
Site Plan
Item
7
No.
Documents submitted for the record:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SITE PLAN: PORTSIDE VILLAS, REVISED SITE PLAN
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of the Portside Villas revised site plan as recommended by the Planning &
Zoning Board on 04-13-05.
Summary Explanation & Background:
The Planning & Zoning Board recommended approval with the condition that the security gates remain open until
the road improvements are completed on N. Atlantic Avenue.
Documents submitted for the record:
1. Request by applicant to be placed on the City Council agenda,
2. Recommendation memo from P&Z Chairperson dated 04-15-05,
3. Draft P&Z minutes dated 04-13-05,
4. Site plan application and check list,
5. Staff comment correspondence, and
6. Revised site plan.
Exhibits Attached:
Items (1) through (5)
City Manage' ce
f
Department LEGISLATIVE
ape-nt lrgdoc tents\a ff\councii\meeting\zuu5\u�-us-u�\portsiae.aoc
AL-E
LEN
ngineering, Inc.
April 15, 2005
Ms. Susan Stills,
City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
(321) 783-7443
FAX (321) 783-5902
106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
Re: Portside Villas Site Plan Modification
Dear Ms. Stills:
With this letter we request that the proposed modification to the approved site plan for the
above reference project be scheduled for the May 3`d City Council Agenda.
Please call me at 783-7443 if you need any additional information or have any questions,
Sincerely,
Y--�- h kAZ4t
John H. Wilt, P.E.
Engineer
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 Revised Site
Plan for Portside Villas to add Entrance Security Gates -
John Wilt for Allen Engineering, Project Engineers.
--------------------------------------------------------------------------------------------
By unanimous vote the Planning & Zoning Board recommended
approval of the revised site plan for the above referenced project, for
the installation of entrance gates with the proviso that:
The gates shall be kept open and not activated until the road
improvements are completed on N. Atlantic Avenue.
Please schedule this revision to the vested site plan on an upcoming
City Council meeting agenda.
Also, please inform John Wilt with Allen Engineering when this
request is scheduled. You can reach Mr. Wilt at 783-7443.
Attached are (5) copies of the revised site plan.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Planning & Zoning Board DRAFT
Meeting Minutes
April 13, 2005
Page 2
3. Motion Re: Portside Villas - Revised Site Plan (Entry Gates) - John Wilt, Allen
Engineering.
Todd Peetz, City Planner, advised that the Board previously reviewed another revision to
this project for the pool area however, the revision to the security gates at the entrance
was not ready at that time. He advised that the City staff reviewed the revision to the
entry gates and noted that the City Engineer's comment regarding the traffic pattern has
been addressed. He verified that there are no problems with setbacks. Discussion
followed regarding traffic backup on N. Atlantic Avenue at Villages of Seaport waiting for
the owners to go through the entrance gate.
John Wilt, representative for Allen Engineering, advised that a guardhouse was removed
and gates added at the entrance. He explained that there will be two stacking areas.
He verified that the project is being advertised as a gated community.
Discussion followed regarding traffic congestion on N. Atlantic Avenue and how this
revision to add gates could increase the current condition; and time frame for
improvements on N. Atlantic Avenue. Mr. Russell noted that it was the best interest of
the City to keep the flow of traffic moving. The Board inquired about the traffic study that
should have been ready months ago. Todd Peetz responded that the first draft has
been reviewed by City staff and the final draft should be ready by the next meeting. The
Board also discussed placing a condition on the approval that the gates not be activated
and kept open until the improvements are made on N. Atlantic Avenue. City Attorney
Garganese advised that he could write a development agreement. Discussion followed
regarding the Board making recommendations to the City Council.
Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of the
revised site plan with the proviso that the development agreement stipulate that the
gates shall be kept open and not be activated until the road improvements are
completed on N. Atlantic Avenue. Vote on the amendment carried unanimously. Vote
on the main motion, as amended, carried unanimously.
wick Townhomes - Preliminary ReNat - Charles and Katherine
Chadwick, Property Owners.
Todd Peetz, City Planner advised that this was a request for approval of a preliminary
replat for a two -unit townhouse located on the north side of Madison Avenue. He further
advised that city staff reviewed the preliminary replat and recommends approval.
Charles Chadwick, property owner, testified that he lives at 411 Madison Avenue which
is located directly across the street from this property. He advised that he will save as
many trees as he can. Discussion followed regarding tree protection and the amended
landscape code. City Attorney Garganese advised that the applicant would need to
seek approval from City Council for tree removal. He pointed out a few typos in the
dedication. Mr. Chadwick advised that he would have the surveyor make the
corrections.
Project Name:
RESIDENTIAL:
CITY OF CAPE CANAVERAL
SITE PLAN PAYMENT RECEIPT
\/ 1 LL�X
COAIik� cls^E��ltl�tk`�,1^�U1tf ��
J
1, 2 & 3 Residential Units .............................................TOTAL: $37.50
Total # of Units?
(4) or more Residential Units $50.00 (1st (4) Units), $50.00
Plus
COMMERCIAL:
Units @ $7.50 per unit
in.
Total: $
$150 per acre of land, or portion thereof.
Acres X $150 TOTAL: ............... $
SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00
SITE PLAN RESUBMISSION: 50% of original fee ........TOTAL :..............$ tl6o
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 ......... $ , .00 5t 2.1
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: $
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $
PAID RECEIPT NO. DATE RECV'D
' ICo. c•QJlolros�f 1`105.00 baQamce uiward �'
Z- — 95.00 SSA 3�1i8tos
TOGia Nevz. 3taq'0.5
FEE
PROJECT NANLE: Polv-rsw
LEGAL DESCRIPTIO;: S%
OWNER(S) NAME:
OWNER(S) ADDRESS:
A
DATE: �5
L -L-A
'3(eo pc,-V� s R
F(- -3-32-
PHONE IN-UN32.1- `7$ 3 --,z � 3
N--VNEE OF ARCHITECT/E-GLNEER:
P H 0 NE IBER: _7N33-74-13
APPLICLNT7S SIGNATZE: IL
OWNER OR AGENT
PHONE INi,1'IBER: — '1$'3- '7�ty3
1/95
SITE PLAN APPROVAL PROCEDURE:
Step 1. Site Plan Submittal and Review Required:
Yes No
New commercial building
or structure?
— � New residential structures wit
un! r -s'' h three or more dwelling
Commercial additions' exceeding 8_ 0 square feet?
If ves has been checked on ant' of the above; a site plan submittal and review
is required.
Step Z. Submit fire (5) copies p of the site plan signed and sealed by a
Professional Engineer, licensed in the State of Florida along with a
�tling fee to the Building Department 30 days prior to the Planning h a
Zoning Board meeting. (The Board meets the 2nd and 4th Wedne
of every month.) sday
The Building Department shall distribute the site plans to the following
min 10 days of i
departments and return comments to the applicant within ts
I• Cite Engineer
Building Department
3 • Fire Official
4. Florida Department of Environmental Protection
(if appropriate)
Step 3. The applicant shall return nine (9) copies of the revised site plan along
with Written responses to all comments at least seven (i) days prior to
a Planning and Zoning meeting.
Step 4. Compliance with Stormwater Concurrency Management.
Step 5. The Building Department will return one (1) copy of the site plan to the
applicant marked with the Board's approval subject to contingencies (if
applicable.)
SITE PLAN CEECUIST
SITE PLAN INTORNIATIOiV:
(General)
Yes
No N.A.
✓
Sze. height. number of units and location of proposed and
emoting structures.
C
Dimensions
Total gross area and percentage devoted to structures.
/ parking and landscaping.
Number of unit
—Number of parking / p � space., and loading zones
✓ y
Traffic flow diagram
(units `
Density
_ ( is per acre)
Location and dimension for the following areas:
+� Park(s)
✓
/ Canal(_s
)
./ `V
atei-vs ay (s)
Boat slip(s)
/
�L Parkin=
V Swimming pools)
Driveway (s)
Recreation
SITE PLAN CIECKLIST (CONTWUD)
PAGE 2
Yes No N.A.
Trash
Sidewalks
✓ Dune crossovers
Other (specify)
Type of enclosure for communal trash container(s)
✓ Fire alarm and standpipe data
Vicinity man
✓ Location of planned landscaping
Finished a—rades for the following:
EntireP arcel
Finished floors
-�L S treets
Panting lots
Sidewalks
10" of adjoining property
Details. sections and specifications
✓ Street lights
Water and sewer
PA--_
Yes
No N.A.
/ Paving and drainage
Curbs
JStorm drains
J
Sidewall�s
Engineer's seal on drawings
JSauare footage of building areas _
I... i �'lII g
J `
/ Parkina
V `
/ Other (specify)
Total under roof
Required notes:
Sidewalk and sanitary sewers to be constructed to City of
Cape Canaveral standards
/ Neater lines to conform to City of Cocoa standards
V
Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
TOPOGRAPHIC SLR` -Ey
LSC and G.S. datum plane
Existing street CG,,hts
March 18, 2005 SSA
RECEIVED
Mr. Todd Peetz
Miller -Legg & Associates
631 S. Orlando Ave, Suite 200
Winter Park, FL 32789
MAR 2 4`:y7
MILLER, LEGG &
ASSOCIATES, INC.
RE: Revised Site Plan Review - Port Side Villas Gate - Review #3
SSA Job No. 95-0208/099-1004
Dear Mr. Peetz:
SSA has reviewed the above -referenced project and based on our review, SSA has the
following comments:
1. There are concerns with the traffic pattern at the exit driveway. Consider making
the exit drive one-way and provide traffic marking/separator to improve traffic
circulation.
2. Provide a copy of the Brevard County Driveway Permit.
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
Andy Kirbach, PE
Project Engineer
City Engineer's Review Fee For Review #3 - $95.00
NOTICE OF ADDITIONAL FEES
As this project is being reviewed under the original City contract,
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 321-783-7065
Lic. #AAC000329 #EBoOoo762 #LB0006700
j:lcivillprojectslcapeTpart side villas gate revision #3.doc
^LLEN
�-�-engineering, Inc.
March 9, 2005
Mr. Todd Morley,
Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
Re: Portside Villas
Dear Mr. Morley:
(321) 783-7443
FAX (321) 783-5902
106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
With this letter we are requesting review and approval of the site plan due to the
following modifications:
1) The guard shack previously shown on the site plan has been removed. The gated
entry previously shown has been revised to work with automated gates.
2) The sidewalk and right of way improvements have been coordinated with the
improvements shown on the plans for Villages of Seaport and Solana Lakes (AEI
project 010064).
Please call me at 783-7443 if you need any additional information or have any questions,
Sincerely,
qA11- �M�
John H. Wilt, P.E.
Engineer
MEMORANDUM
TO: Todd Morley,
Building Official
FROM: Todd Peetz
City Planner
DATE: March 29, 2005
RE: Portside Villas Site Plan Revision
I have reviewed the submittal of the site plan revision for the above referenced project.
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.
If you have any questions, please feel free to contact me at 407-629-8880.
Plan Review
To: Todd Peetz, City Planner
From: Tim Reaves, Fire Inspector
Re: Portside Villas Revised Site Plan 4t" Submittal
Date: March 29, 2005
I have reviewed the revised site plan for Portside Villas and find that it meets the
Fire Departments requirements.
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: March 28, 2005
RE: Port Side Villas, Review - final
Site Plan Review Revised - 4
I have reviewed the submittal of the site plan review for the above referenced
project. 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