HomeMy WebLinkAboutPacket 04-05-2005 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
City of Cape Canaveral
UNCIL REGULAR MEETING
CITY HALL ANNEX
enue, Cape Canaveral, Florida
TUESDAY
April 5, 2005
7:00 PM
AGENDA
PRESENTATION: County Commissioner Update, Ron Pritchard
CONSENT AGENDA:
City Council Regular Meeting Minutes of March 15, 2005.
2. Proclamation for Arbor Day.
CONSIDERATIONS:
3. Motion to Approve: Fire Service Automatic Aid Agreement with the City of Cocoa
Beach.
ORDINANCES: Second Public Hearing:
4. Motion to Adopt: Ordinance No. 03-2005; Amending Chapter 110, Zoning,
Amending the Procedure by Which Site Plans are Reviewed and Approved;
Granting the City Council Final Decision -Making Authority Regarding Site Plan
Applications, at second reading.
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
of Cape Canaveral, Florida
ty Council Regular Meeting
April 5, 2005
Page 2
ORDINANCES: First Public Hearing:
5. Motion to Approve: 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 first reading.
SITE PLAN:
6. Motion to Approve: Madison Cay Revised Site Plan.
DISCUSSION:
7. Canaveral Drainage Ditch Easements.
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 prooeedings, and for such
purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48
hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 04-05-05
AGENDA
Heading
Presentation
Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL.
SUBJECT: PRESENTATION: COUNTY COMMISSIONER UPDATE, RON PRITCHARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
Brevard County Chairperson Ron Pritchard will provide an update of county actions and answer questions from
City Council and the public.
Summary Explanation & Background:
N/A
Exhibits Attached:
City Managef�0ffice , .� Department LEGISLATIVE
\04-05-05\pritchard.doc
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 15, 2005
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Jim Morgan
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Absent:
Council Member Steve Miller
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
Public Works Director Ed Gardulski
Building Official Todd Morley
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of March 1, 2005.
2. Agreement with Brevard County for Lifeguard Services.
Mayor Randels asked if any member of Council, staff or interested party desired to remove
any items from the Consent Agenda for discussion.
No request was made to remove an item for discussion.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve
Consent Agenda Items No. 1 and 2. The vote on the motion carried 4-0 with voting
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 2 of 11
as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor
Randels, For.
CONSIDERATIONS:
3. Proposal from Stottler, Stagg and Associates to Provide Engineering Support
Services for the Baffle Box Project in the Amount of $10,670.
Mayor Randels explained that this item is for baffle boxes at Holman Road, Center Street
and West Central Blvd. Mayor Randels related that on March 1, 2004 the City received a
grant for the baffle boxes in the amount of $263,402 and the City put the baffle box
installation to bid. Mr. Jeff Ratliff, Stormwater Coordinator, explained that this contract is
for contractor over site on the baffle box installation project. Mr. Andy Kirbach, Stottler,
Stagg and Associates, reviewed the items in the proposal as: construction support, review
of the contractor bid, preconstruction conference, construction observations, shop drawing
review, approval of the contractor draws and certification of the project. Mr. Ratliff stated
that the contractor, Gregori Construction, Inc. would provide the as -built forms and Stottler,
Stagg representatives would review the contractor's plans and verify their as-builts.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve the Proposal from Stottler, Stagg and Associates to Provide Engineering
Support Services for the Baffle Box Project in the Amount of $10,670. 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.
4. Motion to Approve: Police Service Contract Amendment.
Mayor Randels explained that this item is a request for an expenditure of the contract
funds remaining from the previous year in an amount of $23,976. Lt. Alan Moros affirmed
that a proposed Ford Taurus is for an Agent. Lt. Moros explained that an Intoxilizer would
allow for Breath Testing on-site at the Precinct without having to transport a suspect to
Merritt Island or to the jail for testing. Lt. Moros affirmed to Mr. Petsos that the Intoxilizer is
certified for use during court proceedings. Mr. Boucher related that if Federal Emergency
Management Agency [FEMA] funding were available, the Crown Victoria would be
purchased. Mayor Pro Tem Hoog inquired about the equipment in the retired vehicle. Lt.
Moros responded that equipment is transferred from one vehicle to another. He stated
that the outfitting cost includes hidden strobes and radio installation costs. Lt. Moros
affirmed to Mr. Morgan the Intoxilizer is State regulated and its use is discontinued once it
becomes outdated.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the
Amendment to the Police Service Contract Increasing the 2004/2005 Contract Cost
by $23,976 to $2,026,279 for the purchase of capital equipment. 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
March 15, 2005
Page 3 of 11
5. Motion to Approve: Proposal from Stottler, Stagg and Associates for
Stormwater Grant Preliminary Engineering Design for the Beach Alleyway
Area Between Madison and Monroe Avenues in the Amount of $15,492.
Mr. Gardulski explained a cost benefit analysis to secure a target grant was low and he
requested to withdraw the item from consideration.
6. Motion to Approve: Proposal from Stottler, Stagg and Associates for
Stormwater Grant Preliminary Engineering Design Improvements located at
Orange and Buchanan Avenues in the Amount of $14,076.
Mr. Jeff Ratliff stated that this project is targeted for FEMA funding and if selected FEMA
would pay for 75 percent of the cost and 75 percent of the engineering fees. He stated
that the project has been inserted in the 5 -Year Capital Plan up through the 2006/2007
budget year. Stottler, Stagg and Associates would supply engineering and survey
drawings and preliminary activities. Mr. Ratliff explained that the Hazardous Mitigation
Grant takes a proactive approach to identified flooding problems. Mr. Petsos noted that the
design detail would be essential even if the grant were not secured. Mayor Randels
concluded that the item would remain a budgeted item.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to
Approve the Proposal from Stottler, Stagg and Associates for Stormwater Grant
Preliminary Engineering Design Improvements located at Orange and Buchanan
Avenues in the Amount of $14,076. 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.
7. Motion to Approve: Resolution No. 2005-08, Appointing a Regular Member
and Alternate Member to the Code Enforcement Board (G. Pestik and R.
Viens).
Mayor Randels read Resolution No. 2005-08 by title.
A RESOLUTION APPOINTING ONE REGULAR MEMBER AND ONE ALTERNATE
MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Ray Viens was in the audience and stated that he was interested in serving as a
Regular Member.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve
Resolution No. 2005-08 Appointing a Regular Member and Alternate Member to the
Code Enforcement Board inserting the names of Mr. Viens As the Regular Member
and Mr. Pestik as the Alternate Member. 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
March 15, 2005
Page 4 of 11
8. Motion to Approve: Bid Award No. 05-02; Landscaping and Mowing Contract
to Nick's Lawn Service, Inc. in the Amount of $143,365.
Mayor Randels stated that the Landscaping and Mowing Contract was bid on February
15th and duly noticed. Two bids were received for $194,245 and $143,365 respectively.
Nick's Lawn Service was the low bidder. Mayor Randels informed that Nick's Lawn
Service performed the previous contract for the past ten years with the same pricing
although City mowing locations have increased. For the record, Mayor Randels stated
that the amount of the total contract is for $143,365 and the bid is an open-end contract.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve Bid Award No. 05-02 for the Landscaping and Mowing Contract to Nick's
Lawn Service, Inc. in the Amount of $143,365. 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 Wiring Technologies, Inc. for the
Replacement of a Sewer Force Main in the Amount of $375,995.
Mayor Randels stated that this force main replacement is a budgeted item. He stated that
the City bid the project and two bids were received. Mr. Walter Bandish, Assistant Public
Works Director, stated that this company is working a reclaimed water project in the area
at this time. Mayor Randels stated that the asbestos and cement pipe is 39 -years -old and
replacement was anticipated. Mr. Larry Moms, of Wiring Technologies, replied to Mayor
Randels that he anticipated 90 -days for completion of the work. Mr. Bandish stated that
service would not discontinue while the proposed replacement took place approximately
four -feet from the original pipe.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the
Proposal from Wiring Technologies, Inc. for the Replacement of a Sewer Force Main
in the Amount of $375,995. 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.
10. Motion to Approve: Proposal from Brown and Caldwell for Construction
Support Services for the Sanitary Sewer Force Main Project in the Amount of
$9,986.
Mayor Randels reviewed the proposal to include: field visits, data collection, engineering
design, permitting and bidding and construction management. Mr. Gardulski stated that
he would obtain a permit from the Florida Department of Transportation and Brevard
County and he would also find out if permitting were needed to cross the Canaveral canal.
Mr. Larry Moms replied to Mayor Randels that the new terminology for piping is PVC. He
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 5 of 11
replied to Mr. Morgan that 20 -foot sections are the current fusing standard and 40 -feet
sections are the emerging standard.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to
Approve the Proposal from Brown and Caldwell for Construction Support Services
for the Sanitary Sewer Force Main Project in the Amount of $9,986. 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.
11. Motion to Approve: Voluntary Annexation Request for the Properties
Located at 432, 434, 436, 438 & 440 Grant Avenue.
Mr. Charles Hinkley of My Place Realty requested this voluntary annexation. Mayor
Randels stated that the request was received on December 16, 2004, and first discussed
on January 18, 2005 with subsequent research provided by the City Planner. Mayor
Randels stated that the estimated cost of annexation is approximately $10,000. The City
Manager did not recommend the annexation and Council members expressed their
agreement with that recommendation. The Council directed the City Manger to notify
Mr. Hinkley that there was no desire for this voluntary annexation since it would
create a problematic situation for police and fire assistance and in essence a public
safety concern. Mr. Hinkley's mother was present in the audience and spoke on his
behalf.
No City Council action was taken on the Voluntary Annexation Request for the
Properties on Grant Avenue.
ORDINANCES:
12. Motion to Approve: Ordinance No. 03-2005; Amending Chapter 110, Zoning;
Amending the Procedure by Which Site Plans are Reviewed and Approved;
Granting the City Council Final Decision -Making Authority Regarding Site
Plan Applications, at first reading.
Mayor Randels read Ordinance No. 03-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 110 OF THE CODE OF ORDINANCES, ZONING, AMENDING THE
PROCEDURE BY WHICH SITE PLANS ARE REVIEWED AND APPROVED; GRANTING
THE CITY COUNCIL FINAL DECISION-MAKING AUTHORITY REGARDING SITE PLAN
APPLICATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
By way of history, Mayor Randels informed that a Council member presented this
item on November 30, 2004 after which time City Council formally discussed the
item on February 1, 2005. On March 1St, City Council approved the item to proceed
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 6 of 11
to the Planning and Zoning Board for review. The Board reviewed the item at its
meeting on March 11th and submitted recommendations into this meeting's packet.
Mayor Randels expressed some of the Planning and Zoning Board's concerns as:
1) the review might involve additional time, 2) the new process would involve an
additional expense to the City in staff time and 3) the Council might not give the
proper review to the site plan.
The City Attorney expressed the concern that property rights have placed additional
responsibilities on the City for site plan reviews. The Council could enter into an
agreement toward development that would afford benefits to both the City and the
applicant. Mayor Pro Tem Hoog expressed his concern with delaying a builder's
construction progress. He suggested that the Council meet immediately following a
Planning and Zoning Board meeting to expedite plans review. Mr. Petsos replied
that as Elected Officials, the Council should have the final decision. He also
expressed that due to the provisions in the land clearing ordinance to amend the
site plan footprint, he would want the Council to be able to provide input. Council
discussion concluded that a two week review process would not cause an undue
hardship.
Ms. Helen Filkins informed that the Building Official, by authority of the Standard Building
Code, was the only person with the qualifications to make site plan decisions. Mr. Morgan
explained the Building Official reviews the site plan for compliance, however the
ordinances that affect the requirements are the decision of the City Council. Attorney
Garganese stated that the City Council can have final site plan authority and the Building
Official has final permitting authority on building construction. He stated further that site
plan approval deals with many issues that are not within Building Code but City code
requirements. Mr. Todd Morley stated that the Building Official approves the development
permits after review from the Board and the Council. Attorney Garganese stated that site
plans are quasi-judicial in nature and due process has a better opportunity in an open
public meeting. Ms. Shannon Roberts thanked the Council for this additional step in the
process.
Mayor Randels read some of the provisions of the ordinance that embodied Council's
overall intent: 1) to hold themselves accountable to the Cape Canaveral citizens for
development projects and 2) to have the Planning and Zoning Board continue to
recommend approval, however, the Council would have final approval authority in an
effort to assume responsibility to the citizens. Mr. Morley pointed out the logistics of
transcribing the minutes and posting agendas in order for the Council to review site plans.
Mr. Boucher pointed out that only the minutes to the specific item were needed. Mr.
Donald Dunne reminded that holidays might also delay the process. Mr. Boucher
recommended informing the applicant of the time constraints when the application is
received. Attorney Garganese replied to Mayor Randels that any appeal regarding the
Council's decision would proceed to the Circuit Court. Mayor Randels noted that the City
Clerk would provide written notice to the applicant of action taken by Certified Mail which is
currently done by the Board secretary.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 7 of 11
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 03-2005 with the recommendations from the March 9, 2005
Planning and Zoning Board for 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.
13. Motion to Approve: Ordinance No. 04-2005; Amending Chapter 110, Zoning;
Providing a Limited Exemption for Vehicle Rental Facilities with Limited
Outdoor Storage; Providing a limited Exemption for Rental Facilities Leasing
Scooters and Other Like Devices from Certain Vehicle Rental Facility
Requirements, at first reading.
Mayor Randels read Ordinance No. 04-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ZONING, OF THE CITY CODE; PROVIDING A LIMITED EXEMPTION
FOR VEHICLE RENTAL FACILITIES WITH LIMITED OUTDOOR STORAGE;
PROVIDING A LIMITED EXEMPTION FOR RENTAL FACILITIES LEASING SCOOTERS
AND OTHER LIKE DEVICES FROM CERTAIN VEHICLE RENTAL FACILITY
REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels reviewed the ordinance history that on November 8, 2004, the item came
before the Board of Adjustment. The Planning and Zoning Board reviewed the item on
January 12th and 26th and on February 9th and 23`d and submitted a recommendation letter
on February 25th. For the record, Mayor Randels read some of the provisions in that the
City Council desired to clarify its intent in Section 110-556 of the City Code to provide
exceptions to the Code Section and it was not intended to restrict locations of scooter
leasing. The City Council believes that promoting scooter leasing will promote tourism and
economic well being and the City finds this ordinance to be in the City's best interest of its
citizens. The core of Code Section 110-556 states that, "this definition shall not include
those vehicle rental facilities which limit outdoor storage to five or less motorized scooters
or other similar devices as described in subsection (c) of this section."
The ordinance failed at the First Reading for lack of a motion.
RESOLUTIONS:
14. Motion to Adopt: Resolution No. 2005-09; Extending the Land Clearing
Moratorium for Thirty (30) Days Until May 2, 2005.
Mayor Randels read Resolution No. 2005-09 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, EXTENDING THE LAND CLEARING MORATORIUM
FOR THIRTY (30) DAYS UNTIL MAY 2, 2005; PROVIDING FOR REPEAL OF PRIOR
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 8 of 11
INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Leo Nicholas asked if the moratorium were in effect at this time and inquired about the
activity in Treasure Isle development. Mr. Morley responded that Mr. Martin Greene had
no site plan or permits; however, Mr. Greene requested to remove Brazilian pepper trees
from his development site. Mr. Morley agreed in that pepper trees are a nuisance species.
Mr. Morley affirmed to Mr. Nicholas that a tree survey was performed. Mr. Morley affirmed
that more than pepper trees were removed and Mr. Greene's action is currently under
investigation with Code Enforcement. Mr. Morley replied to Mayor Pro Tem Hoog that Mr.
Greene was reported to have removed 106 -Diameter Breast Height of protected species
and he ordered him to cease any further landscape removal. Mr. Shawn Schaffner
inquired about several palm trees on the Residence Inn development site. Mr. Morley
replied that the developer lawfully obtained a land -clearing permit.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt
Resolution No. 2005-09. 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:
15. Residential Density.
Mayor Randels prefaced that this is a discussion item on lowering density that came about
at a recent joint Workshop Meeting between the Council and Planning and Zoning Board.
The City Manager asked the City Planner to compile and submit a list of recent
developments and their density requirements. Mayor Randels summarized that the overall
average density within that past two years was 10.68 units per acre. Mr. Petsos said that
this issue was relevant to redevelopment on the Presidential streets. Mayor Randels
requested that that the Planning and Zoning Board get a copy of the list. Mr. Morgan
expressed concern with creating a legally non -conforming situation.
Ms. Helen Filkins stated that density could not be lowered under the Fourteenth
Amendment, Equal Protection. In 1973, the City attempted to lower density by
referendum. A case evolved entitled Helen Filkins versus Shuford Mills and Cevesco, Inc.
and the case proceeded through the Courts up to Florida Supreme Court, however it lost.
The Courts stated that a municipality could not lower density by referendum. However, she
stated further that her legal counsel informed her that the United States Supreme Court
had overruled the Ohio State Supreme Court in the case of Forest City Enterprises and
allowed for lowered density. Ms. Filkins informed that the City of Cape Canaveral is the
first to zone by referendum. For the record, Mayor Randels stated that this item was
presented for discussion purposes only. Mr. Boucher related that Mr. Lamar Russell wrote
a book that outlines the history of the City's zoning and it is available at City Hall.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 9 of 11
REPORTS:
1. City Manager
• Mr. Boucher announced that the City Clerk, Susan Stills, achieved Level One in the
International Institute of Municipal Clerk's Master Municipal Clerks Academy.
• Mr. Boucher read a letter from our Sister City in Portugal offering a reciprocal visit to
Vila do Bispo. The invitation is for June 151h —18tH Mayor Randels expressed that he did
not want to display a perception of frivolous travel. Mr. Boucher said that he would
research the costs and discover their itinerary.
• Mr. Boucher reported on the cart system conversion. He informed that one 96 -gallon
truck would perform the work. He stated that Waste Management would perform a direct
mail -out to the residents to report on the conversion. Mr. Nicholas asked if the number of
pick-up days would change. Mr. Boucher responded that he would invite a Waste
Management representative to a Council meeting to answer questions. Mr. Petsos
recommended that the City Manager contact the City of Lake Mary who is using the cart
system.
• Mr. Boucher reported that he received an invitation from the Brevard County School Board
to participate in discussion on the qualifications for a new school principal at the
Cocoa Beach Junior/ Senior High School the following morning.
• Mr. Boucher informed that he received a letter from the County to notice an ordinance to
increase Transportation Impact Fees to request an Interlocal Agreement on the Library
System. The County would hold a series of public hearings. The first Public Hearing is on
April 26th, a Local Planning A�ency meeting on March 21 st and their goal is to have the
ordinance in place by May 15 . The City would be asked to sign an Interlocal Agreement
for Library Services.
• Mr. Gardulski contacted the Florida Department of Transportation regarding a north
left turn lane on State Road A1A and Central Blvd. The Department of Transportation
responded if a study is unwarranted on existing conditions and not predicated on future
conditions, no tum lane would be installed.
• Mr. Boucher informed that he received a traffic access management report from Luke
Transportation. He would plan for a meeting in April.
• Mr. Boucher distributed a memo for status reports from staff on the City's 2004/ 2005
Goals and Objectives.
2. Staff
Public Works Director
• Mr. Gardulski announced a meeting with Solana on the River at the Club House on
March 16th at 7 P.M. regarding Baffle Boxes.
City Clerk
• Ms. Stills thanked Mr. Boucher for recognition of her achievement and stated that Mr.
Boucher promotes continuous improvement for all of staff.
• Ms. Stills reported that the City would have three available School Crossing Guards to
assist with the Summer Session.
City Attorney
0 No report.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 10 of 11
Building Official
• Mr. Morley reported on a meeting with the Brevard County United Way and the
Brevard Long Term Recovery Coalition. He said that the goal is to combine efforts that
would incorporate volunteer and faith -based agencies toward recovery efforts.
• He also reported on future meetings with the Brevard County Emergency Operations
Center on county wide emergency teams that would address damage assessment.
AUDIENCE TO BE HEARD:
Mr. John Gonruff commended the Council on the Manatee Sanctuary Park. He
commented however on a path that concludes at a dead end. He suggested that the City
completes the semi -circular path in order for people to cross the ramp in front of the
boardwalk at the beginning of the path.
Ms. Shannon Roberts asked about the land just north of Shorewood Drive for a park and
the land on Central Blvd. for additional City parks. She stated that this is a suggestion in
light of recent discussion on land decimation. Mr. Morgan commented on aquatic activity in
the canal. Mr. Petsos asked about the recreation grant. Mr. Leo Nicholas replied that the
project did not merit enough qualification points. Also, the owners in the area expressed
concern about pedestrian traffic along the rear of their homes. Mr. Morgan said that he had
a previous discussion with the City Manager and the Public Works Director on the
possibilities of a beautification project in that area.
Ms. Roberts also asked if there were a location for recognizing Cape Canaveral history.
Mr. Morley responded that the facilities committee suggested incorporating this concept into
the lobby area of a proposed City facilities plan.
3. City Council
Mr. Petsos
• Mr. Gardulski responded to Mr. Petsos that there would be a meeting in City Hall Annex
on Thursday, March 17"' at 2:00 P.M. on beach re -nourishment.
• Mr. Petsos spoke on illegal sewage dumping from the gaming ships. He stated that
correction is needed and asked the City Manager to contact Canaveral Port Authority on
who could best address this issue.
• Mr. Petsos inquired about the BellSouth line locations. Attorney Garganese forwarded a
letter noticing they were in violation of their Franchise Agreement; however, there was no
response at this time.
• Mr. Petsos asked about the status of the school fencing project Ms. Hanson will access
a County Joint Use Agreement in order to draft one for the City. Mr. Boucher replied to
Mayor Pro Tem Hoog that there would be no after-hours parking on the school grounds.
• Mr. Petsos asked if Commissioner Pritchard would supply any County funding for the
park playground equipment. Mayor Randels replied that a specific funding amount for
the equipment may gain the County's support.
Mr. Morgan
• No report.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog reported that he attended the Brevard County School Summit that
provided a forum for Brevard County, the School Board, State Representatives Ralph
Poppel and Bob Allen. He distributed notes for Council's review.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 15, 2005
Page 11 of 11
Mayor Pro Tem Hoog also reported that the Space Coast League of Cities has created a
Growth Management Committee that would meet on Monday, in the Government Center
Florida Room.
Mayor Pro Tem Hoog reported that the issues for the upcoming Legislative days will be
annexation and controlled growth.
Mayor Pro Tem Hoog asked about the proposed landscaping on Thurm Blvd. and the
drainage area in front of the Radisson Resort. Mr. Gardulski replied that Florida
Department of Environmental Protection permits were still needed.
Mayor Randels
• Mayor Randels thanked Mayor Pro Tem Hoog for serving on the Brevard County School
Summit and for his excellent preparation of notes for Council on the items discussed.
• Mayor Randels announced the Blood Drive for Ms. Marianne Huston at the Manatee
Sanctuary Park on Friday, March 25th.
• Mayor Randels stated that Ms. Judy Kersey was being inducted into the Women's Hall
of Fame in Tallahassee this evening.
• Mayor Randels reported that every Tuesday during the Legislative Session at 8:00
A.M. the League of Cities hosts a call-in teleconference on current legislation that will
affect the cities.
• Mayor Randels reported on a Wednesday Night Forum at Florida Today to discuss the
future of NASA.
• Mayor Randels announced that Cape Canaveral will host the Space Coast League of
Cities dinner on Monday, April 11".
• Mayor Randels distributed pamphlets acquired from the Space Coast League of Cities on
the Brevard County Teen Court. Mayor Randels informed that 1,100 teens have gone
through the Teen Court. He stated that 42 percent of teens who proceed through courts are
repeat offenders. However, those who proceed through the Teen Court found 1 percent or
less as repeat offenses. Teen Court violators make personal restitution and also make a
public apology to their parents. Mayor Randels stated that $3.00 from traffic citations was
used for the program, however, that funding would be eliminated since Article V did not
pass. Mr. Petsos encouraged the audience to contact their legislators.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 9:45 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
WHEREAS, in 1872,1 Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen,
and provide a habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel
for our fires, and beautify our community; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of
business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim April 29, 2005 as
ARBOR DAY
in the City of Cape Canaveral and urge all citizens to celebrate Arbor Day and to support efforts
to protect our trees and woodlands, and to plant trees to gladden the heart and promote the well
being of this and future generations.
Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees,
and
lViereas, this holiday, called Arbor Day, was first observed with the planting of
more than a million trees in Nebraska, and
Whereas, Arbor Day is now observed throughout the nation and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean
the air, produce life-giving oxygen, and provide habitat for wildlife,
and
Whereas, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires, and beautify our community, and
Wheras, trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual
renewal.
Noiv, Therefore, 1, _ , Mayor of the City of
do hereby proclaim
as
CJI � 1
in the City of , and I urge all
citizens to celebrate Arbor Day and to support efforts to protect our
trees and woodlands, and
Further. I urge all citizens to plant trees to gladden the heart and promote the
well-being of this and future generations.
Dated this
Mayor
day of
Meeting Type: Regular
Meeting Date: 04-05-05
AGENDA
Heading
Considerations
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: FIRE SERVICE AUTOMATIC AID AGREEMENT WITH THE
CITY OF COCOA BEACH
DEPT./DIVISION: FIRE DEPARTMENT/PUBLIC SAFETY
Requested Action:
City Council consider the approval of an automatic aid fire services agreement with the City of Cocoa Beach as
recommended by the fire chief.
Summary Explanation & Background:
See Section 2 of this agreement for an outline of covered services.
I recommend approval.
Exhibits Attached:
Agreement
City Manager!�Offc.e ,
Y
Department FIRE DEPT/PUBLIC SAFETY
L�kim\ d . e dmin\counc' \meeting\2005\04-05-05\fire
doc
AUTOMATIC AID AGREEMENT
AGREEMENT made and entered into this day of , 20 , by and
between the CITY OF CAPE CANAVERAL / THE CANAVERAL PORT AUTHORITY (hereinafter
" CANAVERAL") and the CITY OF COCOA BEACH ( hereinafter " the CITY") , establishing an
automatic aid agreement in the event of a fire or other emergency that endangers life or property.
WHEREAS, the municipal boundaries of CANAVERAL and the CITY are adjacent to and
abut each other: and
WHEREAS, § B163.01, Florida Statutes, authorizes municipalities and counties to enter into
Interlocal Agreements to jointly exercise any power, privilege or authority that they have in common
for their mutual benefit for which each might exercise same separately; and
WHEREAS, the governing bodies of both CANAVERAL and the CITY recognize the benefits
that may be afforded to the citizens of their respective jurisdictions by execution of this Agreement; and
WHEREAS, the parties hereto are desirous of obtaining additional sources of fire services for
their residents; and
WHEREAS, the parties hereto have the facilities and equipment to provide such services to each
other subject to the terms hereof; and
WHEREAS, the parties hereto have the power to enter into and administer the terms of this
Agreement as provided by law; and
WHEREAS, it is the intent. of both CANAVERAL and the CITY to provide the most expedient
delivery of fire services possible subject to the terms thereof, and
WHEREAS, it is the intent of the fire agencies participating in this Agreement to cooperate
with each other in order to effectively provide assistance to each other in the interest of the public's
health, safety and welfare subject to the terms hereof; and
WHEREAS, calls for Structure Fires may occur in areas of CANAVERAL and the CITY and
there is an immediate need for additional personnel and apparatus exists; and
WHEREAS, if personnel and apparatus are available for immediate response from
CANAVERAL and CITY for Structure Fires; and
NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements
contained herein, together with other good and valuable considerations, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
SECTION 1. RECITALS:
The above recitals are true and correct, are hereby adopted and are incorporated in and made an
integral part of the Agreement.
SECTION 2 SERVICES PROVIDED
(a) The Agreement is intended to cover day-to-day automatic aid operations only. However,
this agreement may be used to establish a response framework to be used during natural disasters upon
the agreement of the parties.
(b) It is mutually understood and agreed that this Agreement does not relieve either party
hereto from the necessity and obligation to provide adequate fire protection within its own jurisdiction.
Each party agrees that it shall use reasonable diligence to keep firefighting equipment in its possession
up to the minimum standard recommended by Insurance Services Offices during the time this
Agreement is in effect.
(c) For the purpose of this Agreement a Structure Fire will be defined as: reports of smoke
and/or flames visible from any type of structure, reports, of smells of smoke in any type of structure.
(d) Automatic Fire Alarm activations WILL NOT initiate any type of automatic aid from
either agency.
(e) Each Fire Chief will be responsible for their own department's SOG/SOP for response
and dispatch procedures.
(f) It is understood by with this agreement that responding personnel and apparatus will be
used in whatever capacity needed, as each situation dictates, working under the Incident Commander. At
the soonest possible times units will be released from the incident to return to service back in their
respective communities.
SECTION 3. TERMS
This Agreement will become effective upon the approval by both elected governing bodies and
the execution of the Agreement by the appropriate official from each government unit. This Agreement
shall remain in effect indefinitely and is subject biennial renewal as provided in Section 4 hereof.
SECTION 4. TERMINATION/REVISION OF AGREEMENT:
Either party hereto may withdraw from the Agreement, at any time, upon thirty (30) days written
notice to the other party, and thereafter, neither party shall be a party to this Agreement or have any
further duty or obligation to the other party.
Either party may request to revise this Agreement. Such requests must be placed in writing and
address the reason for the revisions as well as provide proposed revised language.
SECTION 5. NOTIFICATION:
Dave Sargeant, Fire Chief
Cape Canaveral Fire Department
8970 Columbia Drive
Cape Canaveral, Fl 32920
Scott Shear, Fire Chief
Cocoa Beach Fire Department
25 S Orlando Avenue
Cocoa Beach, Fl 32935
SECTION 6. ATTORNEY'S FEES:
In the event of any litigation between the parties arising out of this Agreement, each party shall
bear its own attorney's fees and costs.
SECTION 7. LIABILITY:
(a) Neither party to this Agreement shall be required to pay compensation to the other party
for services rendered hereunder; the mutual advantages and protection afforded by t his Agreement
being considered adequate compensation by both parties.
(b) Each party to this Agreement will be responsible for its own negligence and will maintain
appropriate insurance as necessary to meet any incurred liability under §768.28, Florida Statues.
Nothing in the Agreement shall be construed to waive the limited liability conferred to both parties to
this Agreement under §768.28, Florida Statutes.
above.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written
Revised: 2/15/05
ATTEST CAPE CANAVERAL
By: BY:
ATTEST
C
Clerk, Mayor
AS APPROVED BY THE CITY COUNCIL ON
Loredana Kalaghchy, Clerk,
CITY OF COCOA BEACH
:•
Leon Beeler, Mayor
AS APPROVED BY THE CITY COUNCIL ON
Meeting Type: Regular
Meeting Date: 04-05-05
AGENDA
Heading
Ordinances
Item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 03-2005, AMENDING CHAPTER 110, GRANTING THE CITY
COUNCIL FINAL DECISION-MAKING AUTHORITY REGARDING SITE PLAN
APPLICATIONS
DEPT./DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider adoption of Ordinance No. 03-2005, amending Chapter 110, granting the City Council final
decision-making authority regarding site plan applications.
Summary Explanation & Background:
See attached ordinance.
I recommend approval
Exhibits Attached:
Ordinance No. 03-2005; city attorney memo
City Mayag,fT, Office
Department GROWTH MGMT/P&Z
ca ki ydoctun admin eting\2005\04-05-05\03-2005
doc
ORDINANCE NO. 03-2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF
ORDINANCES, ZONING; AMENDING THE PROCEDURE
BY WHICH SITE PLANS ARE REVIEWED AND
APPROVED; GRANTING THE CITY COUNCIL FINAL
DECISION-MAKING AUTHORITY REGARDING SITE PLAN
APPLICATIONS; 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, pursuant to the Cape Canaveral City Code, the Planning and Zoning Board
currently reviews all site plans for final approval; and
WHEREAS, the City Council, as the City's elected body, desires to be held accountable to
the citizens of the City of Cape Canaveral with regard to final approval of development projects
within the City; and
WHEREAS, the City Council believes that amending the City Code so that the Planning and
Zoning Board reviews and makes recommendations for approval or denial of proposed site plans to
the City Council, while the Council maintains the final approval authority over any proposed site
plan, would ensure that the Council remains responsible to the citizens with respect to their desires
regarding development within the City, 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 IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
City of Cape Canaveral
Ordinance No. 03-2005
Page 1 of 5
Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE VI. SITE PLANS
Sec. 110-223. Review procedures.
(f) All plans shall be made available to the planning and zoning board for its review and
recommendation to the city council. Ml site plans required under this article shall b�e
The building official shall prepare
a site plan checklist to be submitted to the planning and zoning board when a site plan is
reviewed.
(g) The planning and zoning board, following public hearing and review of any
submitted site plan, shall make a written recommendation to the city council recommending
approval, approval with conditions, or denial of may approve, approve with conditions, --or
&-ny-the application based upon the site plan's compliance with the city's Code and
comprehensive plan. Such recommendation shall include the reasons for the board's
recommendation and show the board has considered the applicable site plan criteria set forth
in this Article. Aff decisions of the planning wtdzotfing board am final, s*eet to the righ
of appeal to the city council provided below.
(h) Upon receipt of the planning and zoning board's recommendation, and following
public hearing and review of the submitted site plan, the city council shall make a final
_ decision on the application If the city council determines that the planning and zoning board
has not made a recommendation on an application within a reasonable period of time, the city
_ council may, at its discretion, consider an application without the planning and zoning
board's recommendation. Any decision of the city council is final and subiect to iudicial
review.
Lih) If the city council p1mmitT and zoning bowd elects to grant conditional approval of
a site plan subject to any conditions or contingencies, the applicant shall have 90 days from
the date of conditional site plan approval to satisfy any such conditions and/or contingencies.
City of Cape Canaveral
Ordinance No. 03-2005
Page 2 of 5
If all conditions and/or contingencies are satisfied, the final site plan approval date shall be
either the expiration of the 90 -day period; or the date the building official certifies by
notation on all city site plan copies, that all conditions and/or contingencies are satisfied,
whichever first occurs. If the conditions and/or contingencies are not satisfied before the
expiration of the 90 -day period the conditional approval shall be automatically withdrawn
and the application shall stand as denied. The 90 -day compliance period may be extended
at the discretion of the city council , upon written request of the
applicant prior to the expiration of the 90 -day compliance period, and where the applicant
demonstrates unusual circumstances or undue hardship.
(ji) The planning and zoning board and city council shall have no authority to consider
a proposed site plan unless:
(1) The applicant has adequately and completely addressed all items on the site
plan checklist prepared by the building official; and
(2) The applicant has otherwise complied with all matters contemplated under
this section.
At any meeting held for that purpose, the planning and zoning board or city council shall
table and reschedule any site plan scheduled for consideration which is determined by the building
official not to have complied with all of the requirements of this section. A finding by the building
official that a site plan is ready for consideration by the planning and zoning board or city council
shall not be construed as binding the board or council to approve the site plan.
(kj) Following a public hearing on any application for site plan approval [before] the ci
council p1mming and zoifing bowd the city clerk beard's see,, etaiy shall send to the applicant,
by certified mail, return receipt requested, written notice of the action taken and the right to
judicial review an appeal, as povided below.
1 �
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1: .� • • •
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City of Cape Canaveral
Ordinance No. 03-2005
Page 3 of 5
- ,
. .W, q I Or, .. . 1011
. . . . . ..
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.
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.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan T
Rocky Randels
SUSAN STILLS, City Clerk Buzz Petsos
Steve Miller
City of Cape Canaveral
Ordinance No. 03-2005
Page 4 of 5
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. 03-2005
Page 5 of 5
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lav
Usher L. Brown • Offices in Otlando, Kissimmee, Debra S. Babb-Nutcher°
Jeffrey P. Buak° Cocoa & Viera Joseph E. Blitch
Suzanne D'Agresta° Victoria L. Cecil
Anthony A. Garganese° Lisa M. Fletcher
John H. Ward' Amy J. Goddard
Jeffrey S. Weiss Katherine Latorre
'Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Government Law
February 16, 2005
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Bennett:
Erin J. O'Leary
J. W. Taylor
Of Counsel
Please find attached to this email, a draft ordinance amending the City's process
for site plan approval. Specifically, Chapter 110, Article VI., regarding site plans, has been
amended to provide the City Council the final decision-making authority to approve or deny
site plan applications. Also pursuant to these amendments, the Planning and Zoning
Board will now act in an advisory capacity with regard to site plan review.
Please feel free to contact my office with any questions or comments regarding this
matter. If the ordinance meets with your initial approval, please place consideration of the
same on the next City Council agenda for discussion.
Sincerely,
Kate Latorre
Assistant City Attorney
/kwl
Enclosure
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.ortandolaw.net • Email: firm@orlandolaw.net
View Legal Ad# 539894
Print Window Close Window
AD#539894-3/25,2005
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral,
Florida will hold a Public Hearing for the
purpose of adopting Ordinance No. 03-2005 in
the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida at 7:00 P.M., on Tuesday,
April 5, 2005. The ordinances may be inspected
in their entirety in the City Clerk's office during
business hours (8:30 a.m, to 5:00 p.m., Monday
-Friday).
ORDINANCE NO. 03-2005
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING
CHAPTER 110 OF THE CODE OF
ORDINANCES, ZONING, AMENDING THE
PROCEDURE BY WHICH SITE PLANS ARE
REVIEWED AND APPROVED; GRANTING
THE CITY COUNCIL FINAL DECISION-
MAKING AUTHORITY REGARDING SITE
PLAN APPLICATIONS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE;
SEVERABILfTY; AND AN EFFECTIVE DATE.
Pursuant to Section 286.1015, Florida Statutes,
the City hereby advises the public that: If a
person decides to appeal any decision made by
the City Council with respect to any matter
considered at this meeting, that person wig
need a record of the proceedings, and for such
purpose that person might need to ensure that
a verbatim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is to be based.
This notice does not constitute consent by the
City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons
with disabilities needing assistance to
participate in any of these proceedings should
contact the City Clerks office (868-1221) 48
hours in advance of the meeting.
Susan Stills, CMC
City Clerk
AD*: 539894
Publication: Florida Today
First Published: 03-25-2005
Page 1 of 1
http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=16560 3/25/2005
Meeting Type: Regular
Meeting Date: 04-05-05
AGENDA
Heading
Ordinances
Item
5
No.
Summary Explanation & Background:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 05-2005, AMENDING CHAPTER 102 VEGETATION AND
CHAPTER 110, SECTIONS 566-568
DEPT./DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider at first reading, Ordinance No. 05-2005, amending Chapter 102, Vegetation, providing for
land clearing permit requirements, standards of review, rules and regulations regarding the preservation and
protection of trees, tree replacement guidelines, limited exception for land with three or fewer residential dwelling
units, providing conforming amendments to Chapter 110, Section 566 through 568, as recommended by the
Planning & Zoning Board.
Summary Explanation & Background:
On February 1, 2005 City Council imposed a moratorium on land clearing permits and the Planning & Zoning
Board, in conjunction with City Council, has diligently worked on revising Chapter 102.
I recommend approval at first reading.
Exhibits Attached:
Ordinance No. 05-2005
City Manager' ce
Department GROWTH MGMT/P&Z
cape -n i ydoc nts council\mee 5\4-05-05\05-2005.doc
Draft: 3/21/2005
ORDINANCE NO. 05-2005
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.
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 II, 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, in furtherance of the public purpose stated herein the City Council adopted a
moratorium on land clearing permits pursuant to Ordinance No. 2005-09 and assigned to the
planning and zoning board the task of evaluating the City's current land clearing and tree protection
ordinance for purposes of improving the City Code to afford more protection for existing trees and
requiring more enhanced landscape plans for future developments within the City of Cape Canaveral;
and
City of Cape Canaveral
Ordinance No. 05-2005
Page 1 of 42
Draft: 3/21/2005
WHEREAS, after careful review of the City's existing land clearing and tree protection
regulations, the planning and zoning board has recommended that the City Council adopt this
ordinance in order to improve the manner in which the City preserves, protects, and creates a viable
tree canopy within the City and to promote a more aesthetically and environmentally pleasing
community; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, concurs with the
planning and zoning board's recommendation and hereby finds this Ordinance to be in the best
interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Chapter 102 Code Amendment. Chapter 102 of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 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 H. TREE PROTECTION
DIVISION 2. LAND CLEARING
Sec. 102-36. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
.. .IMMWIMP.M..
.. ..
City of Cape Canaveral
Ordinance No. 05-2005
Page 2 of 42
Draft: 3/21/2005
Building Otdcial. The Building Official of the City of Cape Canaveral and his or her
desi ee.
Caliper. Measurement of a tree twelve inches from soil level
Crown. The mass of branches, twigs and leaves at the top of a tree with particular reference
to its shgRe.
Desirable Species (trees /plants) Trees and plants adaptive to the climate and soil of the City
of Cape Canaveral and identified in Section 102-52 of this Division, as may be amended by City
Council by ordinance or rulerp omul ated pursuant to Section 102-51 of this Division
Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the
stems of a multi -stemmed tree, measured four and one-half feet above natural or finish grade.
Dripline means an imaginary vertical line running through the outermost portion of the tree
crown extending to the ground
Land clearing means the disturbance or removal of vegetation from any site, parcel or lot
using backhoes, bulldozers root rakes or similar mechanical means which may kill or dama a roots,
branches, or trunks ; provided, however, it does not include . routine mowing, sod replacement,
planting of landscape material shrub pruning and shrub removal, and tree trimming or pruning,
which does not result in grade changes. so as to maintafit vegetation in a healdly, viable condifivm.
Land clearing permit shall mean a permit issued by the building official under this Division
which authorizes land clearing and/or tree removal activities
Mangrove means any specimen of the species Avicennia germinans (black mangrove),
City of Cape Canaveral
Ordinance No. 05-2005
Page 3 of 42
Draft: 3/21/2005
Laguncularia racemosa (white mangrove) or Rhizophora mangle (red mangrove).
Native vegetation means plant material indigenous to the city, including all those species
listed in but not limited to those in section 102-44 52.
»aK.r.�nun�ll.a���i�.Telda��entiwo I oJILMAMne.Y���f �lNt�l Nl•��1!! %S�1lul�l%1
Person includes any individual firm corporation partnerships joint venture association
principal, trustee, Rovernment, or any agent or representative thereof
Protected Barrier. A polygon of 2" X 4" wide stakes spaced a maximum of ei hg_t (8) feet
from each other at the perimeter of the tree protection zone and which extend out of the ground at
least thirty-six (36) inches with the top four (4) inches marked by flourescent orange paint or tape
Recognized knowledgeable person means a person recognized by the city as being
knowledgeable in the identification and evaluation of vegetative resources, such as a forester,
biologist, ecologist, horticulturalist, landscape architect, licensed landscape contractor, certified
nurseryman or person having similar recognizable skills and experience.
Silviculture. A process, following acceptable forest management principles whereby the
crops constituting forests are tended harvested and reproduced
Specimen Tree means a tree having a caliper of twenty-four 24) inches or more in diameter.
Specimen trees shall not include undesirable dead or diseased trees or trees that are structurally
unsound and cannot recover from pruning_
Transplant. The act of relocating an existing tree upon the same lot
Tree means a woody or fibrous perennial plant with one or more upright limbs with a
minimum dbh of -three four inches, or a sum of dbh of three four 4 inches for multi -stemmed trees
and an average mature height of at least ten feet.
Tree removal includes any act which physically removes the tree or its root system from the
earth or causes a tree to die within a period of two (2) years from the time of the act including, but
not limited to, by cutting girdling relocating interfering with the water supply, =lying -chemicals
regrading around the base of the tree trunk. or changes the naturaf grade above ai below flie root
systern or arotmd the h-ank without special protective measures.
Tree Protection Zone. The area located around the perimeter of the dripline of a tree in
which no activity such as clearing, filling excavating, storage of materials, parking of vehicles or
any other activity that in the opinion of the Building Official may damage the tree At the discretion
of the building official, the tree protection zone may be reduced for trees located on small lots in
City of Cape Canaveral
Ordinance No. 05-2005
Page 4 of 42
Draft: 3/21/2005
order to reasonably protect the tree and facilitate construction on said lot
Tree Replacement Credit. The tree replacement credit offered to a person for replacing trees
removed or destroyed in accordance with this Division with preferred plant material The tree
replacement credit shall be established by the City Council and set forth in Section 102-54
Understory means an underlying layer of low native vegetation usually associated with trees.
Undesirable species means any of the species identified in section 102-45 53.
Vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs
and grasses.
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Viable means having the capacity to live and develop.
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Sec. 102-37. Title; Applicability; Intent and Purpose; Limited Residential Dwelling
Exemption.
(a) Title. This Division may be cited and referred to as the "City of Cape Canaveral
Tree Preservation and Landscaping Code."
& Applicability. 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.
City of Cape Canaveral
Ordinance No. 05-2005
Page 5 of 42
Draft: 3/21/2005
Lcj Intent. The intent of this Division is to encourage the protection of the maximum
number of viable trees listed in the desirable species list It is further the intent of this
Division to encourage the protection of trees native to Central Florida and to encourage
proper removal of exotic nest trees To this end it shall be unlawful to cut down damage,
poison, or in any other manner destroy or cause to be destroyed any tree or other ve etation
as covered by the provisions of this Division except in accordance with the provisions set
forth herein. Notwithstanding in the case of emergencies involving- natural disaster such as,
but not limited to, flood, freeze or other natural disasters the requirements of this Division
may be temporarily waived by the City Council by resolution.
(! Purpose The purpose of this Division is to establish regulations for trees within
the City in order to maintain and protect the City forest to better control problems of
flooding, soil conservation air pollution and noise and to make the City a healthier, more
attractive and safer place in which to live
(e) Three or Less Residential Dwelling Unit Exemption Upon recut of a completed
application, the building official shall issue a land clearing permit for any land on which
there contains or will contain three (3) or less residential dwellings units regardless of the
requirements set forth in Section 102-40 However, such permit shall not authorize the
removal of any specimen tree Specimen trees may only be removed pursuant to the
requirements set forth in Section 102-41 Land that contains or will contain three (3) or less
residential dwelling units shall be exempt from the tree replacement guidelines set forth in
Section 102-43.
Sec. 102-38. Enforcement and Penalties.
Lal Enforcement. The City may enforce the provisions of this Division by any lawful
means including but not limited to issuing a civil citation bringing -charges before the City's
Code Enforcement Board or special master, and seeking_mjunctive and equitable relief For
p=oses of determining the penalties provided under this Division the removal or death of
a tree in violations of this Division shall be deemed irreparable or irreversible Further, each
day a violation continues shall constitute a separate violation It shall also be a separate
violation of this Division for each tree removed without a permit
01 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:
X1,2 Failure to obtain a permit required by Section 102-39• Fine of $250.00 per
tree or $500.00 per specimen tree removed not to exceed $5,000,00, plus $250.00
per 100 square feet cleared.
(21 Removal of a tree without a permit: Fine of $100 00 per diameter inch not
City of Cape Canaveral
Ordinance No. 05-2005
Page 6 of 42
Draft: 3/21/2005
to exceed $5,000.00 per tree.
M Removal of a specimen tree without a permit: Fine of $150 00 per diameter
inch, not to exceed $5,000.00 per tree
a _Failure to abide by a cease and desist order issued under this Division: Fine
of $250.00 for the first day and $500.00 per day for each day thereafter.
La Failureto abidebythe requirements of other provisions of this Division: Fine
of $250.00 for the first occurrence and $500.00 for repeat occurrences
(el Cease and Desist Orders. The building official shall have the right to issue cease and
desist orders upon persons in violation of this Division for a maximum of five (5) working
days. Upon review of the violation by the CityMana er, the City Mana er may extend the
cease and desist work order until the violation is brought in compliance and all resulting
fines incurred as a result of the violation have been paid The City Manager's decision m
be appealed to the City Council pursuant to Section 102-48
See. 102-39. Permits.
Cal Permit Required. No person shall engage in tree removal or engage in land clearing
within the City without obtaining a land clearing permit required by this Division and issued.
by the building official. If a property owner has retained a contractor to perform the tree
removal or land clearine, the contractor shall be responsible for obtaining the permit required
by this Division prior to the tree removal or land clearing
(ab) Application Required. An application for tree removal and land clearing shall be
filed on an official form provided by the building official The applicant shall be required
to pay a fee as may be established by the resolution of the city council except that no fee
shall be required for the removal of trees that are dead diseased suffer from severe structural
defects, pose a clear and obvious safety hazard to structures or people or removed for a
public project sponsored and paid for by the City. If the applicant is not therp operty owner,
then the applicant shall attach the written permission of the property owner to the application
All completed applications shall be returned to the building official along with the
appropriate fee and the following minimum information: Nv�ee. Unless specific&Hy
exmripted in + 9 is division, it shall be tuflawffil fbr mry person to engage in land clearing o
miy site, parcel or lot witlin the incorporated area of the city, without a permit and prior
written notification to the btfilding officiai, pursuant to the fbiflowing conditions, mid
eftr.
(1) , Legal description of the property, including street address.
City of Cape Canaveral
Ordinance No. 05-2005
Page 7 of 42
Draft: 3/21/2005
(2) Name, address and phone number of property owner.
(3) Name, address and phone number of applicant, if other than property owner.
(4) Date upon which land clearing is to commence.
(a Valid reasons for the removal of trees.
(56) A tree inventory, for the portion of the site to be developed consisting of a
scaled drawing of a scale of one (1) inch equals fifty (50) feet or less indicating_ A
dimmisionodskctch plan showing the location of all existing and proposed str=tcres,
lip
driveways, onsite sewage disposal facififies, -ater bodies, existfiig ttees an
vegetative coinnranities identified by species and size or other infbtination a
required by the city.
L& Property boundaries.
01 The location of all individual trees including the tree's common or
scientific name, and the diameter of each tree.
MI An indication of all trees proposed for removal and proposed to be
-retained.
DSL The location of existing and proposed improvements, if any, including
buildings structures impervious surfaces (e.g. pool decks drives parking
areas), stormwater retention and detention areas, utilities and other such
improvements. Proposed improvements shall be depicted as an overlay on
existing, trees so as to clearly indicate which trees must be removed in order
to accommodate the construction of the improvements.
Upon request by the applicant the building official or appropriate review board may
permit an applicant to omit certain portions of the tree inventory where compliance
with the requirements set forth herein would be unnecessarily burdensome and the
exem tp ed portions are not needed for the city to evaluate the application.
(a A replacement plan in accordance with Division indicating the means for
compensating for the tree(s) to be removed including the species and size of any
replacement trees.
a If grade changesare proposed on the site, a grading plan drawn to scale shall
be provided. In addition, a written statement shall be provided by a landscape
City of Cape Canaveral,
Ordinance No. 05-2005
Page 8 of 42
Draft: 3/21/2005
architect or other competent professional indicating the probability of whether the
grade change will result in the death of trees intended to be preserved Said
statement shall immediately be brought to the attention of the building official at the
time the application is filed and prominently attached to the front of the application
a A protection plan describing how preserved trees shall be preserved on the
site and adjacent prqperties during construction tree removaland grading.
(cj- Time for Application. Applications for land clearing shall be made prior to
tree removal or land clearing, except that if the tree removal or land clearing is part of a
proposed development project that requires site plan or subdivision approval the application
shall be submitted at the time the site plan or subdivision application is submitted so that due
consideration may be given to the protection of trees during the site plan or subdivision
process. Each application for tree removal shall be subj ect to review under the site plan and
subdivision process.
Approved Site Plans. Permits. and Development Agreements All permits issued by
the building official under this Division shall be required to be consistent and not in conflict,
with any plans, permits, or development agreements approved by the city council or other
appropriate board. All permits or portions thereof issued by the building official in conflict
with any such approval shall be deemed null and void and the approval of the city council
or appropriate board shall remain in full force and effect.
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(ee) Survey permit. A survey permit isregttiretl may be issued by the building official for
the limited purpose of allowing land clearing and tree removal for surveys and soil or
engineering testing according to the following:
(1) Prior to Tree removal and land clearing for surveying shall be subject to
the land clearing and tree removal requirements of this Division. The land clearing
area for surveying shall not be greater than five feet in width or soil or engmeerirtg
testing shall not be greater than eight feet in width with a reasonable turnaround for
soil and en ing eerin tg esting, tThe owner ofthe property proposed to be cleared or his
authorized agent shall submit an a survey permit application fbr the proposed land
cfearing activity to the building official, on such form as provided by the city. The
survey permit shall expire after 30 days from the date of issuance. The building
official may grant an administrative waiver for an additional 30 days for hardship,
including adverse weather, size ofproperty and inability to obtain permits from other
agencies.
City of Cape Canaveral
Ordinance No. 05-2005
Page 9 of 42
Draft: 3/21/2005
(2) When a written survey permit has been issued, the applicant shall post the
survey permit on the affected property in such a manner as to be visible from an
abutting road right-of-way. The survey permit shall remain posted on the affected
property during all applicable land clearing activity. It is the responsibility of the
applicant to maintain the survey permit form in a clearly visible manner at all times.
a Permit Contents. The land clearing or survey permit, when issued, shall specifically
identify which land areas may be cleared and which trees shall be permitted to be removed.
The permit merely authorizes the removal of the trees specified therein. Nothing in this
Division shall be construed to require the removal of such trees by the permittee.
(dg) Duration of Land clearingpermit . A land clearing permit shall berequired
clearing where mi ntive development Vrder is being sought according to the fbifowingt
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(2) 2k land clearing permit shall expire 90 days from the date of issuance for
single-family projects and 180 days for subdivisions, multi -family, commercial and
industrial projects. Two extensions of 30 days each may be authorized by the
building official, provided appropriate justification warrants, such as unusual
weather, seasonal situations or inability to obtain permits from other agencies. Trees
not removed during the life of the permit may not be removed without the issuance
of a new permit based upon a new application.
lh Posting of Land Clearing Permit. {3f -When a written land clearing permit has been
issued, the applicant shall post the land clearing permit on the affected property in such a
manner as to be visible from an abutting road right-of-way. The land clearing permit shall
remain posted on the affected property during all applicable land clearing activity and until
final inspection by the City. It is the responsibility of the applicant to maintain the land
clearing permit in a clearly visible manner at all times.
City of Cape Canaveral
Ordinance No. 05-2005
Page 10 of 42
(2) 2k land clearing permit shall expire 90 days from the date of issuance for
single-family projects and 180 days for subdivisions, multi -family, commercial and
industrial projects. Two extensions of 30 days each may be authorized by the
building official, provided appropriate justification warrants, such as unusual
weather, seasonal situations or inability to obtain permits from other agencies. Trees
not removed during the life of the permit may not be removed without the issuance
of a new permit based upon a new application.
lh Posting of Land Clearing Permit. {3f -When a written land clearing permit has been
issued, the applicant shall post the land clearing permit on the affected property in such a
manner as to be visible from an abutting road right-of-way. The land clearing permit shall
remain posted on the affected property during all applicable land clearing activity and until
final inspection by the City. It is the responsibility of the applicant to maintain the land
clearing permit in a clearly visible manner at all times.
City of Cape Canaveral
Ordinance No. 05-2005
Page 10 of 42
Draft: 3/21/2005
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City of Cape Canaveral
Ordinance No. 05-2005
Page 11 of 42
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City of Cape Canaveral
Ordinance No. 05-2005
Page 11 of 42
Draft: 3/21/2005
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Sec. 10240. Permit Criteria, Exemptions, Standards of Review.
La) Permitted Criteria. Upon receipt of a completed application and verification by the
building official, the building official may, after applying the standards of review set forth
in Section 102-40 (c), issue a land clearing permit under any one of the following conditions:
La For building and construction sites, as shown on City -approved site plans,
provided trees and landscaping are installed on the property in accordance with
Section 102-43 of this Division.
(21 The trunk of the tree is located closer than five (5) feet to the foundation of
an existing or proposed structure, and it is not feasible to relocate the structure,
provided trees and landscaping are installed on the property in accordance with
Section 102-43 of this Division.
LU The trunk of the tree is located closer than ten (10) feet from the foundation
of an existing or proposed structure and the tree is considered having an aggressive
root system or the natural mature height is greater than 30 feet and it is not feasible
to relocate the structure, provided trees and landscaping are installed on the property
in accordance with Section 102-43 of this Division.
a Trees severely diseased, severely injured or dead.
(a Trees that interfere with the construction or repair ofpublic infrastructure and
facilities.
Q, Undesirable Trees, per Section 102-53 of this Division.
(71 Trees that have been approved for removal by Building Official and which
shall be replaced elsewhere on the property.
(b), Permit Exceptions. The following tree removal activities are exempt from the permit
requirements of this Division:
M Trees removed by the City or other governmental agency and which interfere
with the safety of the motoring public or disrupt public utilities such as power lines,
drainage systems and other public utilities.
City of Cape Canaveral
Ordinance No. 05-2005
Page 12 of 42
Draft: 3/21/2005
(, All trees and plants, within a licensed tree nursery, planted for harvest
provided said trees and plants are planted and growing on the premises of the
licensee and are for sale or intended for sale in their ordinary course of business.
La The emergency removal of a dead or seriously damaged tree, to mitigate an
imminent threat to the health, safety, and welfare of the property owner or the general
public.
a Land clearing and tree removal activities authorized andrp eempted by state
or federal law.
(, Trees planted specifically for silvicultural purposes provided the property
owner can provide documentation to the City evidencing that: (i) the propegy is
requested as a silvicultural site with the Division of Forestry; and (ii) trees of typical
harvestable size and type exist on the property which are capable of being harvested
for income and that the property has, or intends to, generate income from the
harvested trees.
Lc,2 Permitted Standards of Review. When making decisions under this Division, the
City shall be guided by the following standard of review guidelines:
a Necessity to remove trees which pose a clear and obvious safety hazard to
pedestrian or vehicular traffic or threaten to cause disruption to public services or a
significant obstacle to accessing and utilizing public easements and ri hg ts-of-way.
a. Necessity to remove trees which pose a clear and obvious safety hazard to
buildings and other improvements on a lot or parcel of land. Ordinary small cracks
or uplifts in pavement, sidewalks, and non -occupied structures that are typically
caused by settling and small roots shall not be considered a safety hazard.
Necessity to remove diseased trees or trees weakened by age, storm, fire or
other injury or trees with severe structural defects that pose a clear and obvious safety
hazard to people, buildings or other improvements on lot or parcel of land.
(441 The extent to which tree removal is likely to result in damage to the property
of other owners, public or private, including damage to lakes, ponds, streams, or
rivers through runoff or erosion.
AW proposed landscaping including plans whereby the applicant has planted
or will plant trees to replace those that are proposed to be cleared.
City of Cape Canaveral
Ordinance No. 05-2005
Page 13 of 42
Draft: 3/21/2005
La Topography of the land and the effect of tree removal on erosion, soil
retention and the diversion or increased flow of surface water.
Good foresgy practices, such as the number of healthy trees that aig ven
parcel of land will reasonablyssupport and the proven techniques that sustain healthy
trees.
(, Necessily to remove trees in order to construct approved and permitted
improvements to allow reasonable economic enjoyment of the property, including:
A, Need for access around the proposed structure for construction
equipment maximum of ten (10) feet).
b. Need for access to the buildingsite for construction equipment.
L. Essential grade changes.
d. Need for locating street or road rights-of-way, utilities, drainageways,
as well as the need to provide reasonable use and property access.
M The extent of any damage or demonstrated hardship which would result to the
gpl2licant from a denial of the requested permit.
10 The species and size of the trees proposed for removal.
11 The following factors shall also be considered:
a. Trees forming the current canopy.
b. Preservation of the next generation of Trees.
Sec. 10241. Specimen Trees.
Notwithstanding any other provision of this Division specimen trees shall not be removed
except for extraordinarxcircumstances and hardships and o& by final permit approved by the City
Council As a condition of removal of any specimen tree the City Council shall have the right to
require that replacement trees be Wanted or a contribution to the tree bank be made in accordance
with Section 102-43 of this Division except rolacement and/or tree bank contribution shall be
based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees
removed using the data in Table 1.
City of Cape Canaveral
Ordinance No. 05-2005
Page 14 of 42
Draft: 3/21/2005
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City of Cape Canaveral
Ordinance No. 05-2005
Page 15 of 42
Draft: 3/21/2005
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City of Cape Canaveral
Ordinance No. 05-2005
Page 16 of 42
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Ordinance No. 05-2005
Page 16 of 42
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Ordinance No. 05-2005
Page 16 of 42
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City of Cape Canaveral
Ordinance No. 05-2005
Page 16 of 42
Draft: 3/21/2005
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Sec. 102-42. Special Waiver Provision.
In furtherance of tree protection and preservation and the related public purposes stated in
Section 102-37 of this Division, any person or entity may request a limited waiver from any
provision of the City's land development or zoningcode upon submitting a written application
provided by the City. After review and recommendation by the planning and zoning board, the City
Council may grant the waiver under the following conditions:
City of Cape Canaveral
Ordinance No. 05-2005
Page 17 of 42
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Sec. 102-42. Special Waiver Provision.
In furtherance of tree protection and preservation and the related public purposes stated in
Section 102-37 of this Division, any person or entity may request a limited waiver from any
provision of the City's land development or zoningcode upon submitting a written application
provided by the City. After review and recommendation by the planning and zoning board, the City
Council may grant the waiver under the following conditions:
City of Cape Canaveral
Ordinance No. 05-2005
Page 17 of 42
Draft: 3/21/2005
Lal The waiver may be granted during the site plan review process. Such waiver shall
be at the City Council's sole discretion on a case -by case basis.
ba The waiver must directly result in the preservation of a hardwood tree (e.g oak)
and/or the implementation of an extraordinary landscape plan that goes well -beyond the
minimum requirements ofthe City Code including, but not limited to, planting additional and
larger plant materials and trees, planting premium A -grade plants and trees, incorporating
decorative hardscape features into the landscape design (e.g. fountains, decorative fences and
walls, trellesis, lighting, etc.), and planting_ premium A -grade plant materials and trees on
public property.
(cl The waiver is compatible with the surrounding area and the minimum waiver required
to serve the public purpose stated herein.
add No waiver shall be granted which changes the list of permitted, conditional, special
exception, or prohibited uses or height restrictions set forth in an zoning district category.
Lej The waiver must be consistent with the City's Comprehensive Plan.
a The waiver is not adverse to the public health, safety and welfare.
(a Anywaiver granted under this section shall automaticallyexpire and be declared null
and void if the underlying dg eveloment order for the project expires.
Sec. 102-43. Tree Replacement Guidelines.
La) Tree Replacement. All trees that are removed or destroyed and subject to replacement by this
Division shall be replaced by a desirable trees or such other trees properly approved by
permit. Replacement shall occur prior to the issuance of a certificate of occupancy (if
approval is pending) or within thirty (30) dgys of removal or destruction, whichever date is
earlier, unless a greater replacement period is provided for good cause by permit.
fb Criteria for replacement trees is as follows:
( Characteristics of Replacement Trees. The replacement tree(s) shall have at least
equal shade potential screening properties and/or other characteristics comparable
to that of the tree(s) requested to be removed.
�2) Size ofReplacement Trees Replacement tree(s) are to be made according to the tree
r_placement standards set forth in Table 1 or as otherwise agreed upon by the City
Council and applicant.
City of Cape Canaveral
Ordinance No. 05-2005
Page 18 of 42
Draft: 3/21/2005
Tree Species Relocated or replacement trees shall include only species and sizes
defined as desirable trees under this Division.
Transplanting, and Maintenance Requirements. All trees transplanted pursuant to
this Division shall be maintained in a healthy living condition. Any such trees which
die shall be replaced and maintained by property owner. After acceptance of the
trees and landscaping by the City, the City shall retain jurisdiction for two (2) year
to ensure compliance with this Division. For new development projects which
require at least ten (10) new trees the City may require a performance bond in a form
acceptable to the City Attorney, as a condition of site plan or other permit approval,
in order to ensure compliance with this subsection.
Waivers ofReplacement Tree(s) SpeciAcations. The number ofrequired replacement
trees maybe waived by the City Council if the City Council determines that the
remaining number of trees to be preserved on site are of sufficient number and
,quality to substantially comply with the purpose and intent of this Division and a tree
replacement fee is paid to the City's "Tree Bank," which is hereby established.
Monies collected in the Tree Bank shall be used for enhancement and maintenance
of trees on public lands The contribution to the Tree Bank may be waived by the
City Council for individual homeowners, on a case-bycase basis, if the homeowner
can demonstrate that the payment of the fee will cause the homeowner an undue
economic hardship Substitute tree(s) allowed under this waiver provision must
have the approval of the City Council. The value to be paid into the tree bank shall
be: established by resolution of the city council,• set forth in Table 1, and based upon
wholesale market value ofthe trees being replaced, plus installation and maintenance
costs to establish the tree.
X6,2 Replacement Guidelines The following tree replacement guidelines shall apply:
W All Plant material shall be Florida Grades and Standard One (1) or better.
B For each tree located within a public conservation area (excluding
jurisdictional wetlands determined by the St. John's River Water
Management District or the U.S Army Corp of Engineers, or as depicted on
the map of existing wetlands in the City of Cape Canaveral Comprehensive
Plan) dedicated to the City as part of a development project, three (3)
placement tree credits may be applied to the total number of trees required
to be replaced by this Division However, the minimum tree requirement set
forth in Section 102-45 shall still apply. Such public conservation area must
be at least one-third (1/3) acre with widths not less than 75 feet, unless
otherwise approved by the City Council. In addition, trees approved by the
building official to reforest such conservation area shall also be applied to the
City of Cape Canaveral
Ordinance No. 05-2005
Page 19 of 42
Draft: 3/21/2005
u
LIU
r_ placement requirement on a one -fox -one basis.
Q If the City Council determines, due to site conditions or configuration, it is
impossible or impracticable for the applicant/developer to meet the
requirements for tree replacement, under this subsection, the City Council
may allow the applicant/developer to pay into the City's "Tree Bank" the
amount it would have spent on replacement trees. -
MD,) Tree replacement credit shall be allowed for the installation of preferred trees
in accordance with the provisions set forth in Table 1 and Section 102-54.
In addition, for new development, tree replacement credit shall be allowed for
the preservation of existing desirable trees on the development site, excluding
wetland areas and existing conservation areas, as follows:
Reduction in
DBH of Preserved Tree Replacement Trees
4" up to but not including 9" 1 credit
9" up to but not including 12" 2 credits
12" up to but not including 16" 3 credits
16" up to but not including 24" 4 credits
Specimen and Historic Trees 0 credits
Notwithstandingthe he application of tree replacement credits, the minimum number
of trees to be planted under Section 102-45 shall apply unless the City Council
approves an in lieu of tree bank contribution.
(E Trees shall not be planted under powerlines.
Diversity of species shall be required for replacement trees and the number
of each species shall be approved by the City. To the extent feasible, the City
should endeavor to require no more than twen -five percent (25%) of the
replacement trees from a singleesp cies.
Replacement Cost. The properly owner shall be responsible for the cost ofreplacing the trees
removed from their property.
Elimination of Undesirable Trees and Shrubs. The natural vegetative communities existing
City of Cape Canaveral
Ordinance No. 05-2005
Page 20 of 42
Draft: 3/21/2005
within ,the City shall be protected by the control and elimination of invasive, nonnative
species. To that end, the following guidelines shall apply:
W Planting of Trees and shrubs on the undesirable species list is prohibited.
(2) Removal of Trees and Shrubs on the undesirable species list in Section 102-53, from
commercial, office, industrial, or multifamily sites (excluding_ jurisdictional
wetlands), shall be completed, whenever practicable, as a requirement for approval
of any development permit issued by the City or the issuance of a certificate of
occupancy if applicable.
Control and elimination procedures shall in no way promote the proliferation of the
species through the dispersal of seed or other vegetatively reproducing parts.
Control and elimination procedures shall in no way harm or cause the decline of
preserved or planted trees and landscaping_.
Sec. 102-44. Prohibitions.
(a) Placement of Materials, Machinery, or Temporary Soil Deposits. It shall be unlawful to
place material, machinery, or temporary soil deposits within the tree protection zone, before
or during_ construction. Before or during construction the builder shall erect and maintain
suitable protective barriers around all trees to be preserved. Upon written request, the
buildiniz official, on a case by case basis, may allow material or temporary soil deposits to
be stored within the protective barrier if no other storage is available.
Q2) Climbing Spurs. It shall be unlawful to use climbing�s urs or other similar device to aid
in the climbing of a live tree, where such device causes the puncture or tears the bark of the
tree.
(jc Tree Spiking. It shall be unlawful to introduce any We of poison or reactive material to a
tree for the purpose of causing it to die or become diseased.
(d� Structure and Pavement Location. It shall be unlawful to place any permanent structure or
impervious paying (exc pt sidewalks) within eight 8') foot radius of any tree trunk or stem
having a diameter of four (4") inches or more at caliper..
Le) QU Trees. It shall be unlawful to trim, prune, or remove any tree which is within the City's
rights-of-way or upon any other City property without the permission of the City evidenced
by the appropriate permit.
City of Cape Canaveral
Ordinance No. 05-2005
Page 21 of 42
Draft: 3/21/2005
Attachments. It shall be unlawful to attach anything to a tree or stem, including; nails or
spikes, having a diameter of four (4") inches or more at caliper, other than protective wires,
braces or other similar noninjurious materials.
Cut and Fill Guidelines. It shall be unlawful to remove or add any material or ground within
the tree protection zone unless otherwise permitted by the building official.
jlj) Encroachment of the Dripline. During the construction stage of development, the developer
or property owner shall not cause or allow land clearing: the use of heavy equipment or
material within the dripline of any tree or groups of trees to be retained. Neither shall the
developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt,
concrete, mortar or any other material harmful to the life of a tree within the dripline of any
tree or groups of trees, or where planting beds are to be situated.
�i� Shearing, Hat Racking, Topping or Poodle Trimming of Trees (Lollipop),Lions-tdiling.
Pollarding of Trees. Trees intended for shade purposes shall be allowed to reach their
mature canopy spread. It shall be unlawful to engage in excessive prumn techniques on
trees intended for shade purposes. Excessive shearing, pruning or shaping shall only be
allowed with aep rmit by demonstrating necessity or without a permit in times of emergency
only. The following are deemed unlawful excessive pruning techniques which are prohibited
on shade Trees:
Ua,� Lions tailing: the improper practice of removing most secondary and tertiary
branches from the interior portion of the canopy leaving most live foliage at the edge
of the canopy.
b) Topping. hatracking, stag heading, de -horning, lopping, and rounding over: the
improper practice of reducing tree size by makingheading cuts through a stem more
than two years old, a pruning practice that destroys tree architecture and serves to
initiate discoloration and perhaps decay in the cut stem.
u Pollarding: the pruning technique that removes sprouts back to the same location
annually or biannually maintaining a tree to a specific height.
Shearing a 12nming technique which is typically accomplished with cuts made
through wood less than a year old at the sides of the canopy to create uniform dense
canopies.
fe) Poodle trimming: combines shearing and removing lower limbs to create tree forms
that look like a "lollipop."
LUO Construction near Adjacent Property. Walls, structures, and pavement shall not be
City of Cape Canaveral
Ordinance No. 05-2005
Page 22 of 42
Draft: 3/21/2005
constructed in any way which will result in damage to roots within the tree protection zones
of trees located on adjacent properties.
Sec. 102-45. Minimum Tree Requirement.
No certificate of occupancy shall be issued on the types of construction indicated below
unless the underlying parcel has at least the required minimum number of approved trees:
Ua� AU new single-family, duplex or triplex dwelling unit on a lot of less than 6.000 square feet
or Feater• not fewer than two (2) trees.
Q21 Any new single-family duplex and triplex dwelling unit on a lot equal to 6,000 square feet:
not fewer than two (2) trees plus one (1) additional tree for each 4,000 square feet or fraction
thereof over 6,000 square feet.
Any commercial industrial multi -family or other structure requiring site planapproval under
the City land develo went regulations: no fewer than six (6) trees or four (4) trees per acre,
whichever isergeaater.
Sec. 10246. Tree Protection During Development and Construction; Periodic Inspection.
fa) Restrictions During Construction It shall be unlawful for any Person, during the
construction of any structures or other improvements to place solvents petroleum products,
paint or masonry materials construction machinery or temporal soil oil deposits within the
dripline of any tree for which a tree removal ermit is required but has not been obtained.
This provision includes soil that is placed in the dripline permanently for the purpose of a
grade change unless the grade is changed according to the guidelines described in the
Florida Division of Forestry Department of Agriculture and Consumer Services
Publication Tree Protection Manual for Buildings and Developers.
b) Burden of Tree Protection on Property Owner. It shall be the responsibility of a property
owner and their agents to ensure that any tree shown on the tree inventory for which a tree
removal permit has not been obtained is to be protected. The property owner shall guarantee
survival of retained trees and replacement trees for two (2) years from the date that the City
accepts the trees and landscaping, unless a ,greater time period is required by development
agreement If a retained or replacement tree dies during that time period, the property owner
shall replace the tree in accordance with a remedial action approved under Section 102-43
of this Division For new development protects the City may require a performance bond
in a form acceptable to the City Attorna , as a condition of site plan or other permit approval,
in order to ensure compliance with this subsection.
(c) Protective Barriers and Signagge Required Protective Barriers shall be installed prior to
City of Cape Canaveral
Ordinance No. 05-2005
Page 23 of 42
Draft: 3/21/2005
construction around every tree or group of trees to be preserved. Waterproof, rigid
"Protection Zone Area" signs, as shown on Appendix A: Tree Protection Area Signage and
not smaller than two feet T) by three feet (3') shall be posted at one hundred foot (100')
increments along the protective barriers.
Ud,� Site Inspections. The building official mayconduct periodic inspections of the site. It is the
responsibility of the property owner and their agents to ensure that all provisions of this
Division are met.
Adjacent Properties. The property owner and their agents shall ensure that the tree
protection zones of trees located on A acent properties are protected in the same manner that
trees located on the development site are protected.
Sec. 102-47. Voluntary Tree Planting.
This Division shall not be interpreted to restrict, regulate or limit the voluntary planting of
any tree within the City, except undesirable species which are prohibited. The provisions of this
Division govern only the planting of trees which are required to be planted or retained under this
Division. Trees or plants planted in the City's rights-of-way are subi ect to removal or trimming by
the City at any time.
Sec.102-48. Waivers, Incentive Program; Administrative Interpretation Appeals; Incentive
Program.
(aa) Waivers of Division Requirements. The City Council may grant a waiver to provisions of
this Division where the applicant demonstrates that the literal interpretation of the Division
will deny the applicant reasonable use of the property or where such waiver can be
demonstrated to be consistent with the purpose and intent of the ordinance.
(b) Administrative Interpretation Appeals. Any Person adversely affected by an administrative
interpretation of this Division by the building official may first appeal that interpretation to
the City Manager by filing a written notice of appeal of said interpretation within ten (10)
calendar days of said interpretation. The Ci j Manager shall decide said appeal within five
(5) business dates. Any Person adversely affected by an administrative decision of the City
Manager under this Division may appeal that interpretation to the City Council by filing a
written notice of appeal of said interpretation within thirty (30) calendar days of said
interpretation. Failure to file an appeal within the time periods required by this subsection
shall result in the administrative interpretation to be declared final. The City Council shall
decide said appeal within thirty (30)ddays of the Cit 'ss receipt of said notice of appeal and
the Cily Council's decision shall be final. Except for the mandatoTy time periods required
for the notice of appeal the time periods required for a decision may be extended by mutual
agreement between the City and the person filing the notice of appeal. The appeal procedure
City of Cape Canaveral
Ordinance No. 05-2005
Page 24 of 42
Draft: 3/21/2005
under this subsection shall be the exclusive method for ap ep aling an administrative
interpretation decision made under this Division.
kD Incentive Program. The City Council reserves the right to offer and approve incentives for
purposes ofprotecting and preserving mature trees and planting enhanced landscaping. Such
incentives shall have a public benefit and may include, but are not limited to, waiving
provisions of the City's land development and zoning code in accordance with Section 102-
42 of this Division and providing credits to Qijy development fees. Any incentivesrg_anted
under this subsection shall be consistent with the Comprehensive Plan and shall be bX
development agreement or other formal approval by the City Council.
Sec. 102-49. Remedial Action.
,La), Violations Require Remedial Action. Where tree removal or land clearing: violations of this
Division have occurred, remedial action shall be taken to restore the property consistent with
a restoration plan approved by the building_ official or the City Council if the violation is
inconsistent with plans, permits, or agreements approved by the City Council. The
restoration plan shall require mitigation of any other damage to the property, as well as tree
replacements. The restoration plan shall be in addition to any civil penalty imposed by the
City under Section 102-38 of this Division.
2) Tree Replacement Remediation Requirements. Each tree destroyed or receiving major
damage in violation of this Division must be replaced by either a comparable size and
desirable We of tree as listed within this Division or providing a contribution to the Tree
Bank equal to four times the contribution listed on Table 1 or plantingf(4 Preferred
Plants listed within Section 102-54 before issuance of a certificate of occupancy or
certificate of com lep tion.
Lc) Property Owner to Guarantee Survival of Replaced Trees. The property owner shall
guarantee the survival of the Trees required to be placed under Subsection (b) above for a
period of two (2) years from the date the Qijy accepts the trees and landscaping, unless a
greater time period is required by development agreement. If the replacement tree dies, the
tree shall be replaced in accordance with this section. For new development projects or
violations involving the unlawful removal of more than five (5) trees, the City mu require
a performance bond in a form acceptable to the City Attorney, as a condition of approving
the restoration plan, in order to ensure compliance with this subsection.
Sec. 102-4M. Open burning of natural cover.
Open burning of natural cover which is the result of land clearing is prohibited.
City of Cape Canaveral
Ordinance No. 05-2005
Page 25 of 42
Draft: 3/21/2005
9 If I L" I I I I &tA=VA VIEW I L -Mr. I K -r. 401il
}Pl7.rlTA7UL iare=r��eri�.l.nu olop .*okra
Sec. 102-51. Rules and Regulations and Fees for Implementing this Division.
The City Council may adopt, byresolution, such administrative rules and regulations and fees
that are necessary and proper to implement this Division.
Sec. 102-4452. List of Desirable Species and plants.
(a) All trees and plants required to be installed under this Division or elsewhere in the
City Code shall be selected from the list of desirable species and plants set forth in this
section. The list of trees and plants in this section is are intended to provide a guide to the
developer and homeowner inselectin a list of appropriate native and suitable vegetation for
proposed landscaping plans. Native vegetation is considered ideal for landscaping since these
plants have become adapted to the county's particular set of climatic conditions. The City
Council hereby finds that li.f natives and other desirable vegetation suitable for the City's
climatic condition are utilized in in the form
and size context in which they naturally occur, a long-lived and maintenance -free landscape
scheme will result within the Cit o� f Cape Canaveral.
species which are not native to the comity but can be utilized wiffi marry of the same benefits
as nafive plants.
(b) The key to codes used in the list is as follows:
(1) Community.
(N) North Brevard County.
(C) Central Brevard County.
(S) South Brevard County.
(B) Barrier Island.
(2) Form and size.
City of Cape Canaveral
Ordinance No. 05-2005
Page 26 of 42
Draft: 3/21/2005
(ST) small tree. Average mature height of at least ten feet and less than 20
feet.
(MT) medium tree. Average mature height of at least 20 feet and no greater
than 60 feet.
(LT) large tree. Average mature height over 60 feet.
(P) Palm tree.
(S) Shrub.
(G) Ground cover.
(V) Vine.
(A) Aquatic.
(3) Temperature.
(+) Cold tolerant.
(-) Cold intolerant. Although these species occur in the county, they are at the
northern limit of their range and are suggested only for southern and eastern
Brevard County in protected areas.
NATIVE SPECIES
Botanical Name Common Name Community Cold
Tolerance
(ST) Small Tree
Acacia farnesiana Acacia tree N, C, S +
Ardisia escallonioides Marlberry C, S -
Bumelia tenax Tough buckthorn N, C, S, B +
Capparis cyanophallophora Jamaica caper B -
City of Cape Canaveral
Ordinance No. 05-2005
Page 27 of 42
Draft: 3/21/2005
Capparis flexuosa
Limber caper
B -
Chrysobalanus icaco
Coco plum
S, B -
Citharexylum fructicosum
Fiddlewood
S, B -
Coccoluba uvitera
Sea grape
S, B -
Conocarpus erecta
Buttonwood
S, B -
Cornus foemina
Swamp dogwood
N, C, S +
Dodonea viscosa
Varnish leaf
B -
Drypetes laterifolia
Guiana plum
B -
Eugenia axillaris
White stopper
C, S, B -
Eugenia foetida
Spanish stopper
B -
Exothea paniculata
Inkwood
B -
Forestiera segregata
Florida privet
N, C, S, B +
Guapira discolor
Blolly
S, B -
Hamelia patens
Firebrush
S, B -
Krugiodendron ferreum
Black ironwood
S, B -
Laguncularia racemosa
White mangrove
S, B -
Myrclanthes fragrens
Simpson stopper
N, C, S, B +
Myrica cerefera
Wax myrtle
N, C, S, B +
City of Cape Canaveral
Ordinance No. 05-2005
Page 28 of 42
Draft: 3/21/2005
Myrsine floridana
Myrsine
C, S, B -
Nectandra coriacea
Lancewood
C, S, B -
Quercus chapmanii
Chapman oak
N, C, S, B +
Quercus geminata
Sand live oak
N, C, S, B +
Quercus incana
Blue jack oak
N, C, S +
Quercus minima
Dwarf live oak
N, C, S, B +
Rhus copallina
Southern sumac
N, C, S, B +
(MT) Medium Tree
Avicennia germinans
Black mangrove
N, C, S, B +
Bursera simaruba
Gumbo limbo
S, B -
Carpinus caroliniana
Hornban/bluebeechN, C +
Carya floridana
Scrub hickory
N, C, S, B +
Carya glabra
Pignut hickory
N, C, S, B +
Celtis laevigata
Sugarberry
N, C, S +
Chrysophyllum oliveforme
Satinleaf
S, B -
Coccoloba diversifolia
Pigeon plum
S, B -
Diospyros virginiana
Persimmon
N, C, S, B +
City of Cape Canaveral
Ordinance No. 05-2005
Page 29 of 42
Draft: 3/21/2005
Ficus aurea
Strangler fig
C, S, B -
Fraxinus caroliniana
Water ash/pop ash N, C, S +
Gordonia lasianthsus
Loblolly bay
N, C, S +
Ilex cassine
Dahoon
N, C, S, B +
Ilex vomitoria
Youpon holly
N, C, S +
Juniperus silicicola
Southern red cedar N, C, S +
Magnolia virginiana
Sweet bay
N, C, S +
Mastichodendron foetidissimum
Mastic tree
B -
Morus rubra
Red mulberry
N, C, S +
Osmanthus americanus
Wild olive
N, C, S +
Persea borbonia
Red bay
N, C, S, B +
Pinus clausa
Sand pine
N, C, S +
Prunus caroliniana
C. cherry laurel
N, C, S, B +
Quercus laevis
Turkey oak
N, C, S +
Rhizophora mangle
Red mangrove
C, S, B -
Ulmus americana
American elm
N, C, S +
Zanthoxylum clavaherculis
Hercules club
N, C, S, B +
(LT) Large Tree
City of Cape Canaveral
Ordinance No. 05-2005
Page 30 of 42
Draft: 3/21/2005
Acer rubrum
Southern red mapleN, C, S +
Liquidambar styraciflua
Sweetgum
N, C, S +
Magnolia grandiflora
Southern magnolia N, C, S, B +
Nyssa sylvatica
Swamp black gum N, C, S +
Pinus ellottii
Slash pine
N, C, S, B +
Pinus palustris
Longleaf pine
N, C, S +
Quercus laurifolia
Laurel oak
N, C, S +
Quercus virginiana
Live oak
N, C, S,B +
Taxidium distichum
Bald cypress
N, C, S +
(P) Palm Tree
Paurotis wrighti
Saw palmetto
N, C, S +
Sabal palmetto
Cabbage palm
N, C, S, B +
(S) Shrub
Bacharis halimifolia
Groundsel tree
N, C, S, B +
Befaria racemosa
Tar flower
N, C, S +
Callicarpa americana
Beauty berry
N, C, S +
Cephalanthus occidentalis
Buttonbush
N, C, S +
Croton punctatus
Beach croton
B -
City of Cape Canaveral
Ordinance No. 05-2005
Page 31 of 42
Draft: 3/21/2005
Erythrina herbaceae
Coral bean
N, C, S, B +
Iva frutescens
Marsh elder
S -
Iva imbricata
Marsh elder
B -
Lantana involucrata
Wild sage
B -
Lycium carolinianum
Christmas berry
N, C, S, B ' +
Lyonia ferruginea
Staggerbush
N, C, S, B +
Lyonia fruticosa
Staggerbush
N, C, S, B +
Lyonia lucida
Fetterbush
N, C, S, B +
Psychotria nervosa
Wild coffee
C, S, B -
Psychotria sulzneri
Wild coffee
C, S, B -
Quercus myrtifolia
Myrtle oak
N, C, S, B +
Quercus pumila
Running oak
N, C, S, B +
Randia aculeata
Randia
C, S -
Rhapidophyllum Hystrix
Needle palm
N, C, S, B +
Sophora tomentosa
Necklace pod
S, B -
Vaccinum spp.
Blueberry
N, C, S, B +
Yucca aloifolia
Spanish bayonet
N, C, S, B +
Zanthoxylum fagara
Wild lime
S +
City of Cape Canaveral
Ordinance No. 05-2005
Page 32 of 42
Draft: 3/21/2005
(G) Ground Cover
Acrostichum danaeafolium
Aristida spp.
Borrichia frutescens
Ceratiola ericoides
Crinum americanum
Ernodea littoralis
Gaillardia pulchella
Garberia fruticosa
Helianthus debilis
Hymenocallis latifolia
Hypericum spp.
Licania michauxii
Nephrolepis biserrata
Leather fern N, C, S, B +
Wiregrass N, C, S, B +
Sea oxeye daisy N, C, S, B +
Rosemary
N, C, S, B
String lily
N, C, S, B +
Golden creeper
S, B -
Firewheel
N, C, S, B +
Garberia
N, C, S +
Beach sunflower
N, C, S, B +
Spider lily
N, C, S, B +
St. John's wort
N, C, S, B +
Gopher apple
N, C, S, B +
Boston fern
S -
Nephrolepis cordifolia Boston fern N, C, S +
Nephrolepis exaltata Boston fern N, C, S +
Nolina atopocarpa Florida beargrass N, C, S +
Opuntia humifusa, compressa Prickly pear N, C, S, B +
City of Cape Canaveral
Ordinance No. 05-2005
Page 33 of 42
Draft: 3/21/2005
Opuntia stricta
Osmunda cinnemomea
Osmunda regalis
Panicum amarulum
Panicum commutatum
Physalis viscosa
Pilobiephis rigida
Portulaca pilosa
Pteridium aquilinum
Rubus trivialis
Serenoa repens
Sesuvium portulacastrum
Spartinaspp.
Uniola paniculata
Yucca filamentoua
Zamia floridana, pumilia, integrifolia,
angustifolia
(A) Aquatic
Prickly pear
N, C, S, B
+
Cinnamon fern
N, C, S
+
Royal fern
N, C, S
+
Beach grass
N, C, S, B
+
Panic grass
N, C, S, B
+
Ground cherry
N, C, S, B
+
Pennyroyal
N, C, S, B
+
Pink purslane
N, C, S, B
+
Bracken fern
N, C, S, B
+
Southern dewberry N, C, S
+
Saw palmetto
N, C, S, B
+
Sea purslane
C, S, B
+
Spartina/cordgrass N, C, S, B
+
Sea oats
N, C, S, B
+
Adams needle
N, C, S, B
+
Coontie/arrowroot N, C, S, B
+
City of Cape Canaveral
Ordinance No. 05-2005
Page 34 of 42
Draft: 3/21/2005
Nuphar lutea
Nymphea odorata
Pontederia cordata
Sagittaria spp.
(V) Vine
Caesalpinia bonduc, crista
Canavalia rosea
Cissus trifoliata
Ipomea pes-caprae
Ipomea spp.
Spatter -dock
N, C, S +
White waterlily
N, C, S +
Pickerelweed
N, C, S +
Arrow head
N, C, S +
Gray nickerbean
B -
Beach bean
S, B -
Marine vine
N, C, S +
Railroad vine
C, S, B -
Morning glory
N, C, S, B +
Ipomea stolonifera Beach morning
B -
glory
Parthenocissus quinquefolia Virginia creeper
N, C, S, B +
Vitis aestivalis Summer grape
N, C, S +
Vitis rotundifolia Muscadine grape
N, C, S, B +
Vitus shuttleworhtii Calusa grape
N, C, S +
Note: Those species which are identified as occurring in the barrier island community are found there
naturally. Planting these species may be difficult due to salt burn and they may undergo substantial
shock before becoming acclimated to the barrier island conditions.
NONNATIVE SPECIES
TABLE INSET:
City of Cape Canaveral
Ordinance No. 05-2005
Page 35 of 42
Draft: 3/21/2005
Botanical Name
(ST) Small Tree
Eucalyptus cinera
Lagerstromia indica
(MT) Medium Tree
Bauhinia purpurea
Callistemon lanceolatus
Callistemon viminalis
Cupaniopsis anacordiodes
Dalbergia sissoo
Eriobotrya japonica
Koelreuteria formosana
Olea europae
Parkinsonia aculeate
Ulmus pumila, parvifolia
(S) Shrub
Common Name Community Cold
Tolerance
Silver dollar N, C, S +
Crape myrtle N, C, S +
Orchid tree
S, B
-
Bottlebrush
N, C, S, B
+
Bottlebrush
N, C, S, B
+
Carrotwood
S, B
-
Rosewood
C, S
-
Loquat
N, C, S, B
+
Gold rain tree
N, C, S
+
Olive tree
S, B
-
Jerusalem thorn
N, C, S, B
+
Chinese elm
N, C, S, B
+
Podocarpus macrophylla Maki N, C, S +
City of Cape Canaveral
Ordinance No. 05-2005
Page 36 of 42
Draft: 3/21/2005
Podocarpus vagi
Nagi
N, C, S +
(P) Palm Tree
Arecastrum romanzofflanum
Queen palm
N, C, S +
Butia capitata
Pindo
N, C, S, B +
Livistonia chinensis
Chinese fan
N, C, S +
Phoenix canariensis
Canary Island date
N, C, S, B +
Phoenix reclinata
Senegal date
N, C, S +
Trachycarpus fortunei
Windmill palm
N, C, S +
Washington robusta
Washington palm
N, C, S, B +
Sec. 102-4553. List of undesirable species.
The planting of any list of =desir species tree and plant listed below is strictlyprohibited
within the 61y of Cape Canaveral. .
TABLE INSET:
Botanical Name
Shinus terebinthifolius
Melaleuca quinquenervia
Casuarina spp.
Eucalyptus spp.
Enterolobium contortisiliquem
Common Name
Brazilian pepper
Melaleuca, cajeput tree
Australian pine
,Eucalyptus
Ear tree
City of Cape Canaveral
Ordinance No. 05-2005
Page 37 of 42
Draft: 3/21/2005
Melia azedarach
Cinnamomum camphora
Sapium sebiferum
Dioscorea bulbifera
Rhodomyrtus tomentosa
Sansevieria hyacinthoides
Ricinus communis
Chinaberry
Camphor tree
Chinese tallow
Air potato/air yam
Downy rose myrtle
African bowstring hemp
Castor bean plant
Sec. 102-54 Preferred Plant List. The followingshall apply when calculating the number of tree
replacement credits in accordance with Section 102-43(b)(6)(D) of this Division:
is
two -foot spread, two (2) tree replacement credits shall be granted.
2. For each small tree planted from the list of desirable species that is designated `B" (barrier island)
on said list and is at least six feet tall with two to three inch diameter (dbh) minimum and two -foot
spread, one tree replacement credit shall be granted.
Section 3. Chapter 110 Code Amendment. Chapter 110, Sections 566 through 568 of the Code
of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions):
Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts
and residential zoning districts.
(a) Whenever the boundaries of a commercial or industrial zoning district and a residential zoning
district abut, a visual screen shall be provided within the required setbacks of the property which is
developing or redeveloping.
(b) Such visual screen shall:
City of Cape Canaveral
Ordinance No. 05-2005
Page 38 of 42
Draft: 3/21/2005
(1) Be provided along the entire length of the boundary separating the commercial or industrial
zoning district from the residential zoning district.
(2) Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering
such visual screen density of at least 80 percent within a period of two years after such screen is
provided.
(3) Be not less than four or more than eight feet in height, except as provided in section 110-470.
(4) Have a minimum of one ten -point tree value as defined in section 110-567 which shall be planted
every 35 feet with at least two five -point trees on the minimum 50 -foot C-1 lot and three five -point
trees on the minimum 75 -foot M-1 lot.
(5) Be serviced by a functional underground sprinkler system adequate to maintain such landscaping.
(6) Be properly maintained and replaced if for any reason it does not survive.
(7) Be protected from vehicular encroachment.
(c) All areas not paved or with other landscaping, as designated in this section or in section 110-567,
shall be planted with grass, hardy shrubs, evergreen or other ground cover materials, as specified in
section 102-4452, having the cold -tolerance designation (+). Otherwise, the owner or developer must
provide documentation from a recognized knowledgeable person, as defined in section 102-36, that
his choice of vegetation has a good chance ofthriving or meets state requirements for low water need
(xeriscape).
(d) Where a fence or wall is used to fulfill the screening requirements within a vegetative buffer, it
shall be located one foot inside of the property line of the property which is developing or
redeveloping. When a drainage easement, ditch or water body runs along a property line, an
administrative waiver may be granted by the building official to allow the masonry wall or fence to
be placed along the edge of the ditch or water body, instead of on the property line. Where existing
trees exist within the buffer area, the fence or wall shall be located so as to preserve the trees.
Sec. 110-567. Interior landscaping for offstreet parking areas.
(a) Offstreet parking areas in C-1, C-2, M-1 and R-3 districts shall have internal and perimeter
landscaping as follows:
(1) Parking areas with ten or fewer spaces shall have at least one ten -point tree for every five spaces
or fraction thereof planted within the interior of the parking lot.
(2) Parking areas with 11 or more spaces shall have at least one five -point tree for every five spaces
or fraction thereof interspersed throughout the parking area. In addition, one ten -point tree shall be
placed at the end of each row where internal curbing would be placed, even though internal curbing
may not be required. However, trees must be protected from vehicular encroachment.
City of Cape Canaveral
Ordinance No. 05-2005
Page 39 of 42
Draft: 3/21/2005
(3) Subsections (a)(1) and (2) of this section may be satisfied by cluster plantings, at the discretion
of the building official.
(4) Parking areas in the C-1, C-2 and M-1 districts and parking areas in the R-3 districts that contain
16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter
facing the public right-of-way, except for ingress and egress and sidewalks. The perimeter shall be
planted with decorative shrubs and bushes not less than three feet in height to form a visual screen
with a density of at least 80 percent within two years ofplanting. Perimeters facing such public right-
of-way shall, in addition, have five tree value points planted every 3 5 feet with at least ten tree values
on a minimum 50 -foot C-1 lot, and 15 tree values on the minimum 75 -foot C-2 or R-3 lot unless a
greater restriction is otherwise provided for in this chapter.
(5) No trees shall be planted that will obstruct visibility at intersections or points of ingress and
egress to streets. See section 110-469. The perimeter footage defined in section 110-469 and ingress
and egress shall not be used to calculate landscaping of perimeters.
(6) Existing trees in proposed internal parking areas as listed under subsection (b) of tifis sectio
shalf not be removed if over tbYee inches diameter at breast height (dbio without a permit from th
buildingoirciai: Every effort shall be made to build, pave or otherwise construct around existing
trees of value.
(7) Each landscaped area, both within the interior parking area and around the perimeter, shall be
served by a functioning underground sprinkler system adequate to maintain all landscaping.
(8) All landscaping specified in this subsection shall be properly maintained and replaced if for any
reason it does not survive.
(9) The value of the landscaping for the internal parking areas and their perimeter, as well as all
additional external landscaping for other areas on the site, will not be less than one percent of the
total cost of the project, including land acquisition, or three percent of the project, excluding land
acquisition, whichever is greater.
(b) Tree value points referred to in subsection (a) of this section shall be grade Florida Fancy or
Florida #1 and will have the following values:
TABLE INSET:
Florida
Fancy
Florida #
Points Tree Points
10 Large and medium species, ten feet tall with greater than three-inch
City of Cape Canaveral
Ordinance No. 05-2005
Page 40 of 42
Draft: 3/21/2005
diameter (dbh) and two -foot spread.
5 Small species, six feet tall with two to three inch diameter (dbh) minimum 4
and two -foot spread.
5 Cabbage palms, minimum height six feet (overall). 4
5 Non-native palms, minimum height three feet (overall). 4
(c) Only trees listed in section 102-44 52 having the cold tolerance designation (+) shall be
considered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the
planting is in an area subjected to salt air, the B (barrier island) designation shall be present, which
meets the state requirement to tolerate xeric conditions. Otherwise, documentation must be presented
as provided in section 110-566(d).
Land clearing and tree preservation and replacement shall be in compliance with
Section 4. 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 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
City of Cape Canaveral
Ordinance No. 05-2005
Page 41 of 42
Draft: 3/21/2005
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon 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
Rocky Randels
SUSAN STILLS, City Clerk Buzz Petsos
Steve Miller
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. 05-2005
Page 42 of 42
TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS
DBH of
Number of Replacement
Number of Replacement
Preferred
Contribution to
Protected
Canopy Trees Required
Small Trees or Palms
Plant
Tree Bank*
Tree
for Each Tree Removed
Required for Each Tree
Removed
4" up to
i
or
1
or
Preferred
or
$250.00
but not
Plant(s)
including
w/Credits
8"
8" up to
2
or
2
Preferred
$500.00
but not
Plant(s)
including
w/Credits
12"
12" up to
3
Not allowed
Preferred
$750.00
but not
Plant(s)
including
w/Credits
16"
16" up to
4
Not allowed
Preferred
$1,000.00
but not
Plant(s)
including
w/Credits
24"
>24"
To Be Preserved
To Be Preserved
To Be
To Be Preserved
See § 102-41
See § 102-41
Preserved
See §102-41
See §102-
41
*These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to costs of installation
and establishment.
APPENDIX A: TREE PROTECTION AREA SIGNAGE
TREE
PROTECTION
AREA
Machinery, Dumping, Construction,
Parking, or Storage of Any Materials is
PROHIBITED
By City of Cape Canaveral
Violators are subject to a civil penalty of up to
$5000 per violation and
restoration requirements.
Enforced by the City of Cape Canaveral
pursuant to City of Cape Canaveral
Tree Preservation & Landscaping
Code §102-37, et. seq.
The sign shall be made of rigid material such as wood, metal, or durable plastic. Non-
rigid materials such as paper, cardboard, cellophane, or foil are no acceptable. The sign
shall be two (2) feet wide by three (3) feet long.
Meeting Type: Regular
Meeting Date: 04-05-05
AGENDA
Heading
Site Plan
Item
6
No.
agenda item are as follows:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SITE PLAN: MADISON CAY REVISED SITE PLAN
DEPT./DIVISION: LEGISLATIVE/GROWTH MANAGEMENT
Requested Action:
City Council consider approval of the Madison Cay revised site plan as recommended by the Planning & Zoning
Board.
Summary Explanation & Background:
On February 23, 2005 the Planning & Zoning Board recommended approval of the revised site plan that removed
the swimming pool on the vested site plan, which adds six (6) parking spaces. Documents included within this
agenda item are as follows:
• P&Z recommendation letter
• Site plan review application
• Staffcomments
• Vested rights order
• P&Z recommended site plan dated 02-23-05
• Vested site plan
• Site plan with storage building and no pool
• Letter from Collette Cannon dated 02-28-05
Action requested: Approval of revised site plan as presented.
Exhibits Attached:
City Man �-Ofiice
Department LEGISLATIVE/GROWTH MGMT
ca im\mydoc en s\a council\meets X005\04-05-05\madisoncay.doc
From
City of Cape Canaveral
February 24, 2005
Bennett Boucher, City Manager
Susan Stills, City Clerk
Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding Revised Site
Plan for Madison Cay aka Shores of Artesia, Phase II -
Roger Smith, Applicant
--------------------------------------------------------------------------------------------
The Planning & Zoning Board recommended approval of a revision to
the vested site plan, for the above referenced project, for the removal
of the storage building constructed in the required setback (which
was not shown on the vested site plan); and the removal of the
swimming pool to add parking. Please note that without the removal
of the storage building the project will not meet today's parking
requirements which is (3) parking spaces per townhouse unit.
Please schedule this revision to the vested site plan on an upcoming
City Council meeting agenda.
Also, please inform Collette Cannon and Roger Smith when this item
will be scheduled.
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
Mee-ingVlit "Ut g
ebruary 23, 2005
Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special
Exception Request No. 05-01. Vote on the motion carried unanimously.
4. Motion Re: Revised Site Plan for Portside Villas - Allen Engineering, Applicant.
John Wilt, Representative for Allen Engineering, submitted a revised sketch of the
submitted revised site plan showing additional changes to the guardhouse at the project
entrance. He advised that the guardhouse would be removed due to setback
requirements but would like the entrance gate to remain. He advised that the other
revision was to increase the size of the swimming pool and cabana, which was shown
on sheet 1 of the revised site plan. The Board members reviewed and held discussion
regarding the site plan.
Motion by Mr. Russell, seconded by Mr. Nicholas to approve the revised site plan for
Portside Villas for the pool change and cabana area only. Vote on the motion carried
unanimously.
5. Recommendation to City Council Re: Revised Site Plan for Madison Cay aka
Shores of Artesia, Phase II - Roger Smith, Applicant.
Todd Peetz, City Planner, advised that this request was a change to the vested site plan
to remove the swimming pool for additional parking. He noted that leaving the existing
garage structure would require a Variance because it does not meet the minimum
setback requirement. Mr. Smith, applicant, advised that he did not care if the garage
structure needed to be removed. He advised that he needed approval to remove the
pool to provide additional parking. Todd Peetz, City Planner, advised that current
ordinance requires three parking spaces per townhouse unit, but due to the fact that the
vested site plan was initially approved in 1984, it required only two parking spaces per
townhouse unit. Further, he advised that if the swimming pool and garage were
removed from the site, the project could gain a total of 19 parking spaces, having the
effect of voluntarily complying with today's ordinance. Mr. Smith confirmed that he was
the property owner. City Attorney Garganese commented that any changes to the
vested site plan would need to meet current code requirements. He advised that the
garage structure needed to be removed as part of the vested site plan agreement.
Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to remove the
garage structure and remove the pool to provide the additional parking spaces. Vote on
the motion carried unanimously.
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Susan Chapman
From: Todd Morley
Sent: Monday, February 07, 2005 1:50 PM
To: 'Peetz, Todd'; 'Cunningham, Johnny'; 'Gardulski, Ed; 'Kirbach, Andy'
Cc: Susan Chapman; 'Boucher, Bennett'; 'Garganese, Anthony'
Subject: Madison Cay Revised Site Plan
Review Team, FILE C
Some of you have already received the request for the Madison Cay Site Plan revisions. The applicant requests to be on
the next agenda which goes out Wednesday, February 16. This can happen if your comments are forwarded to me no
later than Monday February 14.
Here is a snapshot of the issues:
1. The applicant wants to leave the old garage structure. This structure should probably never have been permitted
because it was built in an area intended to be 14 parking spaces for Madison Cay residents. The 1984 code only required
2 spaces per unit and each unit holds two parking spaces, so they are not really required to have these additional spaces.
Points of consideration:
Realistically speaking, the parking is tight on the project and the new code requires 3 spaces per townhome instead of 2.
It appears that they want to have no parking spaces in this old garage area. But they could fit a few.
The vested site plan indicates that the 14 spaces must be provided (meaning the garage would have to be demolished).
This is not because the code required the extra parking, rather, just that the site plan showed the extra parking.
Additionally, who owns the old garage building? Who is going to maintain it? On whose townhome lot(s) is it situated? To
my knowledge there is no common property and no condo HOA or Townhouse HOA.
2. The applicant wants to do away with the pool and make it a 6 -space parking area.
Points of Consideration:
The approved/vested plan requires the pool. The developer claims that they are trying to provide more parking for visitors.
Again, they know that parking is tight, so it's likely the residents would use this proposed extra parking quite frequently. It
seems like a good idea (although a civil issue may exist where the developer sells a community pool project and then
removes the pool).
Overall, I think that the revisions are good. The residents benefit by having this old garage (storage of yard tools, etc.).
But I would like to see them maximize the parking East and West of the garage (as practical). The most important
consideration is that the Fire Department has access to all units. With parking so tight, anything we can do to encourage
off-street parking is a benefit to the residents. If the P&Z Board approves this revision, I think the whole issue should be
forwarded to Council for consideration of approval of a change of vesting.
-Todd
Todd Morley
Building Official
City of Cape Canaveral
105 Polk Ave
Cape Canaveral, FL 32920
Phone 321-868-1222
www.myflorida.com/cape
E-mail: morley-cape@cfl.rr.com
Fax 321-868-1247
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: February 14, 2005
Re: Comments on Madison Cay
The following are comments and questions:
1) As townhouse units the current requirement is 3 spaces per unit.
The understanding I have is at the time these were approved 1984/85
the parking requirement was only 2 spaces per unit, per our discussion.
It would appear the revised site plan meets the pre-existing parking
requirements and the proposal to remove the pool for additional
spaces would bring the property closer to compliance. I counted 15
spaces not directly tied to a property. This would leave the site 4 short
of today's minimum requirement.
2) The other proposal is to leave the existing garage structure. It
would appear the garage structure would not meet a strict interpretation
of the 25' setback from the street edge of a private road. The garage
being an existing structure raises some other questions about ownership
and being a structure inconsistent with the approved site plan?
To keep the structure will require a variance to allow the garage
structure to remain rather than be a site plan amendment. This is
primarily because of the setback issue.
3) I would recommend providing an approved site plan and a
revised site plan to compare to. The engineering sheet provided does
not clearly portray the changes.
4) In addition to approved and revised drawings, it is important to see
the whole site, the property to the north is not clearly shown and we
show parking spaces fronting on the private road to the north with no
real information included.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
February 8, 2005
SSA
IVir:'Todd Morley
City of Cape Canaveral
Building 'Department
105 Polk Avenue
Cape Canaveral, FL 32920
RE: Site Plan Review — Madison Cay - Review #1
SSA Job No. 95-0208/102-1004
Dear Mr. Morley. -
SSA has reviewed the above -referenced project and note the following:
SSA only reviewed these changes to the plan. It is noted that these
modifications appear minor, and do not appear to adversely affect the site.
These changes are approved.
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,
Project Engineer
City Engineer's Review Fee For Review #1 — $1,500.00
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 SI`AGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC.
8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-783-7065 `f F
Lic. #AAC000329 #EB0000762 #LB0006700
:tcivil\projectslrapeV-madison cay review t.doc
Plan Review
To: Todd Peetz, City Planner
From: Tim Reaves, Fire Inspector
Re: Madison Cay Revised Site Plan
Date: February 7, 2005
o EC (�
Station rl 190 JACKSON AVENUE • GAPE CANAVERAL, FLORIDA 32920 s (321) 783-4777 • FAX: (321) 783-5398
Station #2 8970 COLUN4BIA ROAD 9 CAPE CANAVERAL, FLORIDA 32920 ® (321) 783-4424 • FAX: (321) 783-4887
MEMORANDUM
TO: Todd Morley
Chief Building Official
FROM: Ed Gardulski
Public Works Director
RE: Madison Cay - Revised Site Plan
DATE: February 7, 2005
I have reviewed the submittal of the revised plan for the above referenced project.
I do not have any additional comments at this time. 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.
639. 01
M
12.
13.
14.
F� w.
2®01rNI
► q 93
Red klatio+
Public Buildings. One (1) s
seats or seatin PlacePace for each five (5)
one hundred fiftys or one -(I) space for every
(150) square feet of floor area in
the main assembly room, whichever is greater_
Residential
Fami 1 v n�.,o,
S1_nr.l c m___
Technical AnA
LaL-;u-LLy member. •-'
Hotels/Plotels. Onein u
h slee (1) space for eac
Flus one (1) space for twelve (12)sleeping
P g nit,
employee parking. slee Ping units for
All Other Uses. To be determined b
Official of the City of Cape Canaverallf.wthe ho1shalIdinl
use the above ratios as a standard for determining
the requirement.
B- Location of Off -Street Parking Spaces
1
2.
3.
M
Parking spaces for all residen al uses shall be located
on the same property as the main building,ses
one-half (1/2) the total number of requiedescaPt.that
multiple -family dwellin s P es for
may be located in a common townhouses and mobile homes
than two hundred (200) feet pdistant arking ffrom 1the ty nnearest
boundary of the site.
Parking spaces for other uses shall be provided on the
same lot or not more than five hundred (500) feet distant.
Parking requirements for two 2
same or different t ( ) °r more uses of the
cation of the required snumber ay bofs acessatisfied by the use
i
a common parking facility. Paces for each use n
Required off-street parking areas for seven
automobiles shall have individual spaces marked, and
(7) or more
shall be so designed, maintained and regulated that no
parking or maneuvering shall be on an
Public street, walk Y landscaped buf-
.automobile may be or alley, and so that any
another Parked/unparked without moving
allowing however, a drivewa
Y or driveways
Of not more than twenty -
street or alley for ingressror2eg feet total on any
street parking area. gress to said off-
IN AND BEFORE THE CITY COUNCIL
FOR THE CITY OF CAPE CANAVERAL
In re: Vested Rights Determination of
Smith Construction and
Development, Inc.
ORDER
This cause, having come on to be heard before the City Council of the City of Cape
Canaveral, Florida', on June 1, 2004, pursuant to Chapter 115, City of Cape Canaveral
Code, on Smith Construction and Development Inc.'s ("the Applicant") application for
vested rights of that certain site plan for Shores of Artesia Phase Two, and the City Council
having heard testimony, considered the evidence presented in the case, heard argument
of counsel and being otherwise fully advised in the premises does hereby find as follows:
I. Jurisdiction and Standard of Review
The City Council is solely responsible for making vested rights determinations on
proposed development projects within the City of Cape Canaveral. See Chapter 115,
Cape Canaveral Code. No person may pursue a vested rights claim in court until the
person has first exhausted the administrative remedies set forth in Chapter 115, Cape
Canaveral Code.
Although this case involves, in part, a decision made by the City's Building Official,
the City's Board of Adjustment has no jurisdiction under Section 110-29, Cape Canaveral
Code (administrative appeals) to render a vested rights decision in light of Chapter 115,
'Mayor Pro Tem Bob Hoog declared a voting conflict pursuant to section 112.3143, Florida
Statutes, because his business is the electrician on the project. Councilman Jim Morgan was absent
from the June 1, 2004 hearing. Neither participated in the proceedings or the final decision provided
herein.
Cape Canaveral Code, which reserves that authority solely within the City Council's
jurisdiction.
Any vested rights decision made by the City Council shall be based on "competent
substantial evidence." Section 115.11(e), Cape Canaveral Code. Competent substantial
evidence has been defined to mean sufficiently relevant and material evidence that a
reasonable mind would accept as adequate to support a conclusion. Degroot v. Sheffield,
95 So. 2d 912 (Fla. 1957).
II. Findings of Fact
On January 12, 1983, the City of Cape Canaveral's Planning and Zoning
Board approved a site plan entitled "Sand -in -the -Shoes" prepared by Allen Engineering,
dated November 29, 1982 ("Site Plan"). See Exhibit 3, May 12, 2004 Report of City
Attorney ("Report of City Attorney"). The site plan consisted of 2, 3, and 4 -unit townhomes.
2. A plat entitled "Shores of Artesia, Phase Two," was approved by the City's
Planning and Zoning Board on September 12, 1984 ("Plat ,)2. See Exhibit 2, Report of City
Attorney. As a recorded plat, the Plat is vested unless vacated and annulled by the City
Council in accordance with Chapter 177, Florida Statutes.
3. On March 28, 1984, the Planning and Zoning Board approved an amendment
to the Site Plan which, according to the meeting's minutes, included adding covered
garages and additional parking spaces, as well as widening streets.
4. Since the approval of the 1984 amendment to the Site Plan, the property has
remained undeveloped, except for the construction of certain water and sewer utility
infrastructure.
"Sand -in -the -Shoes" and "Shores of Artesia Phase Two" are synonymous.
Page 2 of 10
5. Some time prior to the Applicant's purchase of the property in 2003, the
Applicant became aware that the setbacks in the Site Plan were not in compliance with the
City Code. In order to remedy the situation and before finalizing the sale of the property,
the Applicant testified that they submitted an application for variance with the City on
November 27, 2002. See Applicant's Exhibit 2.
6. Subsequently, upon the advice of certain City officials, the Applicant was
advised to instead seek a vested rights determination, given the fact that the Site Plan had
already been approved in 1984.
7. The vested rights determination was conducted on March 12, 2003, and the
Planning and Zoning Board determined that the Site Plan, as amended, was vested.3
8. During this meeting, only one reference was made to setbacks. The City
Attorney, who provided the sole comment, stated that "there are a couple of items [that do
not meet the current building code requirements], correct. And those items include
setbacks from roadways." See City Exhibit 1.
9. Notably, the minutes of the previous Planning and Zoning Board Meeting held
on February 12, 2003, at which the Site Plan was also addressed, reflect that City Planner
Todd Peetz advised that the setback requirements were 10 feet in 1983 when the Site Plan
was originally approved, and were later increased to 25 feet. See Report of City Attorney,
Exhibit 1.
10. There were no additional comments or questions posited by members of the
'Subsequent to this determination, the City Council adopted Chapter 115, Cape Canaveral
Code, entitled "Vested Rights." Chapter 115 requires that all vested rights issues be presented to the
City Council for consideration and determination. The City Council, therefore, now has jurisdiction to
decide the instant vested rights issue pertaining to the Shores of Artesia Phase Two Site Plan.
Page 3 of 10
Planning and Zoning Board at the March 12, 2003 meeting regarding the setbacks as they
were presented in the Site Plan.
11. Subsequent to and relying upon on the Planning and Zoning Board's March
12, 2003 determination that the Site Plan was in fact vested, the Applicant purchased the
subject property.
12. The Applicant has since received eight special foundation -only permits for
the first three buildings (eight townhome units total). Said permits were issued pursuant
to Section 104.5.4, Florida Building Code, and the Applicant was required to execute an
affidavit providing that said permitted work would be at the contractor's risk because the
final engineering plans had not been formally approved by the building Official. See
Composite Exhibit 9, Report of City Attorney.
13. Pursuant to the special foundation permits, the Applicant built the foundations
for the aforementioned three buildings. In addition, the Applicant erected the concrete
block walls on the building foundations.
14. Subsequent to this construction, the City's Building Official, Todd Morley,
determined that as built, the project was in violation the City's 25 -foot front setback
requirement, and that the Applicant could not proceed with construction of the proposed
townhomes in compliance with the requisite setbacks, which are stated on the Site Plan.
See Exhibit 5, Report of City Attorney.
15. Accordingly, on February 12, 2004, the Building Official issued and posted
on the subject property a stop work order for the entire development project until the
setback issue could be resolved. See Exhibit 8, Report of City Attorney.
16. On February 24, 2004, the Applicant, through its attorney Timothy Pickles,
Page 4 of 10
filed a vested rights application pursuant to Chapter 115, Cape Canaveral Code, indicating
that the Applicant's right to build into the 25 -foot setbacks became vested at the March 12,
2003 Planning and Zoning Board meeting where the Planning and Zoning Board
unanimously agreed that the Site Plan was vested.
17. A second vested rights hearing was held on June 1, 2004 for the purpose of
interpreting exactly what rights became vested at the March 12, 2003 Planning and Zoning
meeting with regard to the setbacks.
18. During the course of the hearing, it became apparent through the evidence
and testimony presented that it is unclear what Site Plan was presented to the Planning
and Zoning Board in March of 1984, and whether or not garages were included in the Site
Plan at that time. By all accounts at the hearing, it was the addition of the garages to the
Site Plan in 1984 that created an encroachment into the 25 -foot front setbacks.
19. Counsel for City Staff presented evidence that the Site Plan itself, in an
engineering table, plainly indicates that the garages were not added until June of 1984 —
several months after the Planning and Zoning Board initially approved the amended Site
Plan. See Exhibit 4, Report of City Attorney.
20. However, the Applicant points to the minutes of the March 28, 1984 Planning
and Zoning Meeting, which plainly demonstrate that garages were approved at that
meeting. Specifically, the minutes provide that "covered garages were added, the street
was widened five feet, and fourteen parking spaces were added." See Exhibit 3, Report
of City Attorney.
21. Lamar Russell, a member of the Planning and Zoning Board at the time the
amendment to the Site Plan was approved in March, 1984, as well a current member of
Page 5 of 10
the board, testified that the board may have inadvertently approved the Site Plan as
amended with setbacks in violation of the City Code's 25 -foot requirement.
22. Mr. Russell also testified that it was not the intent of the Planning and Zoning
Board to approve the construction of garages within the setbacks.
23. Joyce Gumpher of Allen Engineering, who was the project coordinator for the
Shores of Artesia project and who prepared the 1984 Site Plan, testified that the only site
plan ever presented to the Planning and Zoning Board was the current Shores of Artesia
Site Plan which includes garages within the setbacks. See Exhibit 4, Report of City
Attorney.
24. Ms. Gumpher also testified that the 25 -foot setback designation in the "Site
Information" section of the Site Plan was a perimeter setback meant to apply to the entire
property and not to the individual lots within the Site Plan.
25. Despite Mr. Russell's testimony that the Planning and Zoning Board did not
intend to approve the Site Plan in violation of the City's setback requirements in 1984, the
Applicant has demonstrated that it relied on the March 2003 vesting of the Site Plan,
including the 10 -foot setbacks, in good faith and to its detriment.
26. In support of this contention and attached to its application for vested rights,
the Applicant submitted the minutes of the February 12, 2003 Planning and Zoning
Meeting where the City Planner commented that the setback requirements werel 0 feet in
1983 and were later increased to 25 feet. See Report of City Attorney, Exhibit 1.
27. Furthermore, the Applicant admitted into evidence a memorandum from the
City Planner dated December 20, 2002 regarding the Shores of Artesia Site Plan, providing
that "the zoning code regulations have been amended and projects like the Shores of
Page 6 of 10
Artesia are no longer consistent with the zoning code." See City's Exhibit 2.
28. The Applicant also presented evidence during the hearing indicating that
significant expenditures have been made to date with regard to the continuing development
of the property, indicating $640,000 to purchase the property. See Report of City Attorney,
Exhibit 1. If the Applicant is prohibited from constructing the townhomes as proposed on
the Site Plan, the Applicant submitted evidence claiming that it will likely suffer substantial
financial loss in an amount between $600,000 and $920,000. See Applicant's Exhibits 3
and 4. No evidence was presented refuting the Applicant's claim.
29. Members of City Staff testified that the setbacks have not changed from 25
feet since 1984 and that the City Planner's comment at the February 2003 Planning and
Zoning Meeting and December 20, 2002 memorandum providing otherwise were
erroneous.
30. Testimony was also presented by the Applicant evidencing that all of the
townhomes, with the exception of four, are currently under contract for sale, deposits for
which are fully refundable to buyers. Thus, should certain buyers opt out of the sales
contract due to the changes required to be made to the Site Plan, the Applicant will suffer
additional financial hardship.
III. Conclusions of Law
31. An application for vested rights must be approved under the doctrine of
equitable estoppel if a property owner's good faith reliance on some valid, unexpired act
or omission of the City induces a substantial change in position or the incurring of
excessive obligations and expenses so that it would be highly inequitable and unjust to
destroy the right acquired. See Sec. 115-5, Cape Canaveral Code; Franklin County v.
Page 7 of 10
Leisure Prop., Ltd., 430 So. 2d 475 (Fla. 1 st DCA 1983).
32. The evidence and testimony supports the Applicant's contention that it relied
on the March 2003 valid and unexpired decision of the Planning and Zoning Board vesting
its rights under the Site Plan. Further, the evidence and testimony shows that the
Applicant made a substantial change in position and incurred excessive obligations after
that decision.
33. Generally, the doctrine of equitable estoppel may not be applied against a
governmental authority to accomplish an illegal act. See Branca v. City of Miramar, 634
So. 2d 604 (Fla. 1994). Counsel for City Staff made a compelling argument that the
vesting of the front setbacks contrary to the City Code that was in effect at the time of Site
Plan approval was arguably an illegal act, and that only the Board of Adjustment may grant
variances in such a situation. However, the City Council finds that this argument is
misplaced due to the unique and overriding equitable circumstances of this case.
34. Given the gross injustice that will likely occur considering the Applicant's
extensive financial investment in the project, and the Applicant's good faith reliance on
what it thought was a valid and binding Planning and Zoning Board decision in March
2003, the City Council believes that approval of the vested rights application is in order.
See City of Ft. Lauderdale v. Lauderdale Ind. Sites, Inc., 97 So. 2d 47 (Fla. 2d DCA
1957)(finding that where right and justice demand it, exceptions to the general rule
prohibiting the application of estoppel to municipal functions will be made).
35. Furthermore, the Applicant has provided evidence and testimony
demonstrating its reliance on the actions of the City whereby it substantially changed its
position based on its belief of what became vested in March 2003. Thus, it would be highly
Page 8 of 10
inequitable and unjust to deny its application. See Equity Resources, Inc. v. County of
Leon, 643 So. 2d 1112 (Fla. 1 st DCA 1994)(finding equitable estoppel applied where
property owner relied on actions of local government and substantially changed its position
where it would be highly inequitable and unjust to destroy the right acquired).
36. Accordingly, it is the belief of the City Council that there is competent and
substantial evidence in the record to support that it was reasonable for the Applicant to rely
upon and interpret the Site Plan and the Planning and Zoning Board's decision in March
2003 to mean that the 25 -foot setbacks did not apply to the Site Plan internally, but to the
perimeter of the property.
37. Further, the compilation of the City's actions and omissions, even if
erroneous in nature, also evidences a mistaken belief on the part of City Staff that the
zoning laws had changed since 1984, therefore possibly misleading and inducing the
Applicant into believing that the setbacks did not present an obstacle to developing the
property as presented in the Site Plan.
38. The City Council also recognizes the unique and extraordinary nature of this
situation, the likes of which may not be seen again in the City of Cape Canaveral. Due to
its unique character, it is the intention of the City Council that this determination of vested
rights be limited to the individual and distinct facts of this application, and that its decision
not be construed as precedential authority.
THEREFORE, based on the above -stated Findings of Fact and Conclusions of
Law, it is HEREBY ORDERED as follows:
39. Smith Construction and Development Inc. may proceed with the development
of the Madison Cay Townhomes project, pursuant to the Site Plan, as it became vested
Page 9 of 10
in March 2003. However, this decision shall not be construed as exempting the Applicant
from applicable local, state and federal laws including, but not limited to, the City's land
development code and building regulations. Additionally, this decision shall not be
construed as limiting the City's authority to require the Applicant to come into compliance
with all applicable local, state, and federal laws.
40. The City Council finds that its interpretation of the Planning and Zoning
decision is that the 25 -foot front setback requirement for the garages does not apply and
the Applicant is required to have a minimum of 10 -foot front setbacks from the garages as
represented by the Applicant's counsel at the conclusion of the hearing.
(:Rct�4,Qo
ROCKY RAND LS, Mayor
Bob Hoog
Jim Morgan
Rocky Randels
Richard Treverton
Steve Miller
Page 10 of 10
For A¢ainst
Abstained
Absent
X
Second
Motion
FROM THE DESK OF COLETTE CANNON
33 WEST POINT DRIVE
COCOA BEACH, FL 32931
PHONE & FAX 321-783-4816
FEBRUARY 28, 2005
TO MAYOR ROCKY RANDELL AND CITY COUNCIL MEMBERS
CITY MANAGER MR. BENNETT BOUCHER
BUILDING OFFICIAL MR. TODD MORLEY
RE: ZONING BOARD MEETING FEBRUARY 23, 2005.
DEAR MAYOR RANDELL:
AT THE REFERENCED MEETING THE ZONING BOARD RULED TO
TEAR DOWN THE MAINTENANCE BUILDING AT SHORES OF ARTESIA
(SOA). 1 RESPECTFULLY REQUEST THAT THIS RULING BE SET ASIDE
BASED ON THE FOLLOWING ADDITIONAL INFORMATION.
1. AS AN INTEGRAL CONDITION OF SALE, MY SALE CONTRACT WITH ROGER SMITH
CONSTRUCTION, INC. INCLUDES A LICENSE AGREEMENT THAT ENCUMBERS THIS
BUILDING. ARTESIA (SOA) HAS THE RIGHT TO UTILIZE THE EAST HALF OF THE
MAINTENANCE BUILDING. EXHIBIT ONE IS ENCLOSED.
2. WHEN SMITH WAS ASKED BY THE BOARD IF HE WAS THE OWNER OF THE LAND HE
CORRECTLY ANSWERED YES, BUT HE OMITTED TO DISCLOSE OUR CONTRACTUAL
AGREEMENT ON THE MAINTENANCE BUILDING.
3. WHEN ASKED BY THE BOARD HOW HE FELT ABOUT THIS MAINTENANCE
BUILDING HE ANSWERED HE DID NOT CARE AND VOLUNTEERED TO TEAR IT
DOWN. THIS RESULTED IN THE BOARD RULING.
4. ALTHOUGH 1 WAS PRESENT AND REQUESTED TO SPEAK, 1 WAS NOT ALLOWED
TO DO SO.
5. 1 HAVE NO FINANCIAL INTEREST IN THIS MAINTENANCE BUILDING, NOR LEGAL
OBLIGATION TO THE SHORES OF ARTESIA HOMEOWNERS BUT 1 TOLD THEM
"MY SALE CONTRACT STATES THAT THE EAST HALF OF THIS MAINTENANCE
BUILDING WILL REMAIN FOR SOA HOMEOWNERS ASSOCIATION (HOA) USAGE".
6. THIS BUILDING IS CURRENTLY IN USE BY THE SOA HOA AND CONTAINS MANY
VALUABLE TOOLS AND EQUIPMENT USED FOR SOA MAINTENANCE.
MAINTENANCE BUILDING LEGALITY
THESE LAST TWO YEARS, 1 WAS TOLD SEVERAL TIMES THAT I BUILT THIS
MAINTENANCE BUILDING ILLEGALY IN 1986 -- WITHOUT A BUILDING PERMIT."
EXHIBIT TWO: LETTER TO JOHN ALLEN WITH CONTRACTORS LIST AND CHECK #1256
THE ORIGINAL BUILDING PERMIT SIGNED BY ARTISS GUNN WAS FINALLY FOUND
BY VERY NICE AND HELFUL SUSAN AT THE BUILDING DEPT. EXHIBIT THREE: COPY OF
ORIGINAL BUILDING PERMIT ISSUED BY THE CITY AND SIGNED BY ARTIS GUNN.
THIS WELL CONSTRUCTED CONCRETE BLOCK MAINTENANCE BUILDING HAS
BEEN THERE LEGALLY SINCE FEBRUARY1986 AND USED FOR THIS COMPLEX'S
MAINTENANCE TASKS. 1 PAID OVER $10,000 FOR THIS BUILDING IN 1986 DOLLARS. TO
TEAR DOWN THIS NEEDED BUILDING DOES NOT MAKE ANY SENSE AND CERTAINLY
WOULD NOT BE A BENEFIT TO THE CITY.
BASICALLY WHAT 1 AM ASKING THE CITY IS:
A. TO SEPARATE THIS UTILITY BUILDING ISSUE FROM ROGER SMITH'S
CONSTRUCTION SO HE CAN CLOSE ON HIS NEARLY FINISHED UNITS.
B. TO GRANT ME A FAIR HEARING ABOUT THIS UTILITY BUILDING ISSUE ONCE
AND FOR ALL. AT ALMOST 77, 1 AM GETTING TOO OLD FOR ALL THIS AGGRAVATION.
C. AS THIS BUILDING WAS LEGALLY BUILT WITH CITY HALL'S APPROVAL 1 DO
NOT KNOW WHY A VARIANCE SHOULD BE NECESSARY.
IN THE 1983-86 TIME FRAME, 1 WAS THE INEXPERIENCED DEVELOPPER OF
SHORES OF ARTESIA PHASE ONE, BUT AIDED BY MY ACCOUNTING AND BUSINESS
BACKGROUND, SHORES OF ARTESIA BECAME A WELL BUILT TOWNHOUSE COMPLEX
WITH EXCELLENT REPUTATION FOR QUALITY OF CONSTRUCTION AND RESIDENTS.
1 ALWAYS DID MY VERY BEST TO RENT OR TO SELL ONLY TO GOOD PEOPLE.
TENANTS BECAME HOMEOWNERS AND ARE MY FRIENDS AND THE REASON I FIGHT FOR
THEIR INTEREST AND TO KEEP MY WORD TO THEM AS 1 ALWAYS DO.
THANK YOU FOR YOUR CONSIDERATION AND YOUR TIME.
SINCERELY YOURS,
COLETTE CANNON
PAGE 2OF2.
ZFX14iS/T
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into and executed this /s -'''day of
k✓ , 2003, "effective date" by and between the Shores of Artesia Homeowners,
Inc., a Florida corporation, ("Artesia") and Smith Construction and Development, Inc., a Florida
corporation ("Smith"), hereinafter collectively referred to as ("Parties").
WITNESSETH
WHEREAS, Smith is presently the owner of property described in Exhibit "A"; and
WHEREAS, pursuant to that certain Agreement for Sale of Stock, Smith has agreed to
permit Artesia and its members to utilize one-half of the existing maintenance building and
adjacent land area sufficient for seven parking spaces.
other good and valuable consideration, receipt of which is acknowlNOW THEREFORE, in consideration of the mutual covenants contained herein and for
follows: edged heret�>, it is agreed as
The foregoing recitals are true and are incorporated herein by reference:
2. Grant. It is hereby granted by Smith to Artesia the right and privilege to utilize
the east one-half of the current maintenance building located on Smith's property. Smith also
agrees once construction is complete for Smith's proposed development that Artesia may be
pennitted to utilize seventy (70) feet for seven (7) parking spaces immediately adjacent to the
east side of the current maintenance building.
3. Repairs/Modification. Artesia and Smith shall each be responsible for
maintenance, repairs, insurance and taxes related to its portion of the property and each party will
arrange at its expense to install separate utility meters for the respective portions of the building.
4. Successor/Assi ns. This Agreement shall be binding upon and inure to the benefit
of the successors or assigns of the parties and shall run with the property identified on Exhibit
"A"
This document shall not be recorded in the Public Records of Brevard County.
In witness whereof, the parties hereto have caused this instrument to be signed in their
name by their proper officers on the date and year first above written.
SMITH CONSTRUCTION AND
DEVELOPMP�1IT, INC.
//�:�l,
••of
SHORES OF ARTESIA HOMEOWNERS
ASSOCIATION, INC.
By:--�
Colette Cannon, President
FROM THE DESK OF COLETTE CANNON
PHONE AND FAX 783-4816
FEBRUARY 27, 2004
TO JOHN ALLEN
RE: UTILITY BUILDING BUILT FEBRUARY 1986
FAX 783-5902
1 AM TOTALLY CONFUSED AS BACK IN 2003, 1 WAS ASKED IF 1 HAD A BUILDING PERMIT
FOR THIS UTILITY BUILDING AS CITY HALL DID NOT HAVE A RECORD OF MY PERMIT.
TO PROVE I HAD A BUILDING PERMIT, I SPENT THREE DAYS ON THE FLOOR TO FIND MY
CANCELLED CHECKS AND TO FIND MY CHECK #1256 FOR THE $45 BUILDING PERMIT
CASHED FEBRUARY 27, 1986. THE FOLLOWING FIGURES ARE THE UTILITY BUILDING
SUB -CONTRACTORS INVOLVED:
DESCRIPTION
CK.NO.
AMOUNT
TRADE
ALLEN ENG.
1229
$ 15
CN JONES
1253
2,140
TAX TRACT #14
CC CITY PERMIT
1256
45
UTILITY BUILDING PERMIT
HOOG ELECT.
1257
1,500
BOB HOOG
NED JONES
1288
1,150
MASON
COOK UTI.
1292
300
BUILDER
A & B GAR.DOOR
1296
510
GARAGE DOORS
D & S
1300
40
SOIL FUMIGATION
RINKER
1305
1,619
BLOCKS
COOK
1331
400
BUILDER
CAMPBELL
1336
233
SURVEYOR
CALLAHAN ROOF
1337
150
ROOFING
BUILDER SUPPLY
1354
212
TRUSSES
1355
336
BABCOCK
1360
1,456
MATERIAL
JENKINS
706
376
STUCCO
$10,482
AT YOUR REQUEST, FOR THE SECOND TIME I AM PROVIDING A COPY OF CHECK #1256
DATED 2/24/1986 FOR THIS BUILDING PERMIT. ALSO A LIST OF SUBCONTRACTORS.
WARM REGARDS,
COLETTE
FB �. 27
:.. ,.. :.-..:5 h6 *45.00 .
SAND IN THE SHOES
PH 305 783-48116
33 WEST POINT DRIVE
COCOA BEACH, 1=L 82931
PAY TO THE
ORDER Or.
3 ' -
V.
I 8gs�� 7dQ5.
1,5 E. MEHRITT IStRNpfhtIJSHWAY
MERRITT ISIRND PI13—j`9O5Q
1256
63-731/831
aJr4 -,-
DOLLARS
' J
-=>4HI t;
BUILDING PERMIT APPLICATION
Jurisdiction of
v 4652 CITY OF CAPE CANAVERAL
105 Polk Avenue
8 Class of work: ❑ NEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE ❑REMOV"THE 9 Describe work: C~onstmict ("on( -rete Block Stornrri- FAILURE TO COMPLY WITH
r` tt
10 Valuation of work: $7,000
SPECIAL CONDITIONS:
_ ifidepc,ndcnt Underground electrical service
SETBACKS: F R RS LS
Application Accepted By: Plans Checked By: Approved For Issuance
A. (. u.nn 'Sarni- I s-aine
N O T I C E
RE'RMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTI-
LrA.TING OR AIR CONDITIONING.
TIJIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AQTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IFCONSTRUC-
TIAN OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6
MONTHS.
v.
I HbREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF
LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE
COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING
OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR
CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGU-
LATING QdNSTRUCTION OR THE PERFORMANCE OF CONS ^RUCTI%ON.
Signature of C(Sritractor"or Authorized Agent (Date,%
-r--
Sig6aYure of Owner (if Owner Builder) (Datel
ER PAYING TWICE FOR THE
BUILDING IMPROVEMENTS.
2
M
A
NOTE: REQUIRED INSPECTIONS MUST BE ARRANGED
TEL: 783-1100 ALLOW 8 HOURS RESPONSE TIME
Type of
Const.
SEtc
JOB AD"kESS
Size of Bldg.
(Total) Sq. Ft.
No. of
Stories
S>5(i I R,ic �el""OC,t:' .Avenue
Fire
Zone
DATE: February 21, 1986
LOT NO.
K. TRACTLEGA1
OFFSTREET PARKING
Covered
DESCR. r'f7C:t, ,:if.:'L.:r:jB:L
<'y ��(� 3" I'.
(O SEE ATTACHED SHEET)
OwnerMalling
Address
Zip Phone
2 ':o14-�ttz> (_: =..nnon, 33
1-'oi)lt Drive, Cocoa Retch, FL 32 331
78 3-6786 Rtes: 783-181.6
Gen. Contr.
Mailing Address
Phone License No.
3 c ;oc>{c.s 4ior)e P�erT)Oc;elirttx, 510 1.1I0 -*rt place, P-ierritt Island, Ff.,
452-4044 R -R 0041136 1t2S57
Elec. Contr.
Mailing Address
Phone License No.
4 1100" }:lectric, 107 COcoa
Palms Drive, Cape Canaveral 784--2529
FR0e02842 #1733
Pimb. Contr.
Mailing Address
Phone License No.
5
Mech. Contr.
Mailing Address
Phone License No.
6 1.;; A
USE OF BUILDING
8 Class of work: ❑ NEW ❑ ADDITION ❑ ALTERATION ❑ REPAIR ❑ MOVE ❑REMOV"THE 9 Describe work: C~onstmict ("on( -rete Block Stornrri- FAILURE TO COMPLY WITH
r` tt
10 Valuation of work: $7,000
SPECIAL CONDITIONS:
_ ifidepc,ndcnt Underground electrical service
SETBACKS: F R RS LS
Application Accepted By: Plans Checked By: Approved For Issuance
A. (. u.nn 'Sarni- I s-aine
N O T I C E
RE'RMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTI-
LrA.TING OR AIR CONDITIONING.
TIJIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION
AQTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IFCONSTRUC-
TIAN OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6
MONTHS.
v.
I HbREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF
LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE
COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING
OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR
CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGU-
LATING QdNSTRUCTION OR THE PERFORMANCE OF CONS ^RUCTI%ON.
Signature of C(Sritractor"or Authorized Agent (Date,%
-r--
Sig6aYure of Owner (if Owner Builder) (Datel
ER PAYING TWICE FOR THE
BUILDING IMPROVEMENTS.
2
M
A
NOTE: REQUIRED INSPECTIONS MUST BE ARRANGED
TEL: 783-1100 ALLOW 8 HOURS RESPONSE TIME
Type of
Const.
Occupancy
Group
Division
Size of Bldg.
(Total) Sq. Ft.
No. of
Stories
Max.
Occ. Load
Fire
Zone
Use
Zone
Fire Sprinklers
Required E]Yes El
No. of
Dwelling Units
OFFSTREET PARKING
Covered
PACES REQUIRED
Uncovered
Special Approvals
Required Received
_
Not Requi
ZONING
HEALTH DEPT.
FIRE DEPT.
SOIL REPORT
OTHER (Specify)
PERMITS & FEES
Building ,, F. o 6
Electric
Plumbing
Mechanical
Other
TOTAL �S.OtI
THIS i< APPLICATION, WHEN SIGNED, BECOMES A PERMIT TO START WORK:
BUILDING OFFICIAL
CODES
Southern Standard'
National Electric -
Standard Plumbing*
Standard Mechanical*
*as adopted by ordinance.
No
red
Meeting Type: Regular
Meeting Date: 04-05-05
AGENDA
Heading
Discussion
Item
7
No.
I am seeking feedback as to the size and scope of a beautification/drainage project for planning purposes.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: CANAVERAL DRAINAGE DITCH EASEMENTS
DEPT./DIVISION: PUBLIC WORKS/STORMWATER
Requested Action:
City Council had expressed an interest in doing some sort of beautification/drainage project within these ditch
easement areas.
Summary Explanation & Background:
Staff has provided a survey of the drainage ditch easement areas. The City has been awarded a stormwater grant for
the ditch section north of West Central Blvd.
I am seeking feedback as to the size and scope of a beautification/drainage project for planning purposes.
Exhibits Attached:
Survey
City Manager's O
Department PUBLIC WORKS/STORMWATER
cape-r,Qiim cT6 cuml=ncil \meeting\ 9-05-05\ditch. doc