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HomeMy WebLinkAboutP&Z Agenda Packet 04/23/2014CALL TO ORDER: ROLL CALL: k-,ity of Uape I/ M;, PLANNING & ZONING BOARD REGULAR MEETING IAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE APRIL 23, 2014 6:00 P.M. AGENDA Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency litems. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular itemsand act upon them in the future. 1. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Special Exception Request No. 14-02 to Allow for a Vehicle Rental Facility Parking Area in the C-1 Zoning District, per City Code of Ordinances, Section 110-334 (c) (15), Special Exceptions permissible by the Board of Adjustment - (16355 N. Atlantic Avenue) — Carlos Mointanez, Applicant. 2. Quasi-Judicial and/or Public Hearing;: Recommendation to City Council Re: Amend' the Code of Ordinances, to Revise Section 90-172, Banks of Retention and Detention Areas. ADJOURNMENT- 7510 N Atlantic Avenue — P,O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321.),868-1247 www.cityofeapecanaverai.org Planning & Zoning Board Meeting Agenda April 23, 2014 Page 2 Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the publ'ic that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act- all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community & Economic Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org City of Cape Canaveral, Florida Planning and Zoning hoard April 23, 2014 Staff Report SE 14 -02 Request: To consider Special Exception No. 14 -02 to allow an expansion to a commercial parking facility located at 6211 N. Atlantic Avenue. Applicant and Owner of property: Carlos Nlontanez113avid Rabboord Subject properties: 6355 N. Atlantic Ave. Future Land Use and Zoning Designation: C -1, Commercial Surrounding zoning: North — C-1 South — C -1 East — County West — R -3 Surrounding uses: North — Putt-putt golf /parking South — Automobile rental East — Retail West - Residential Background/Analysis: With the approval of Special Exception 02 -06 on .tune 24, 2002, the Cape Canaveral Board of Adjustment authorized the parking of rental. vehicles at 6211 N. Atlantic Avenue. This approval came with certain conditions, notably that all parking would be contained on -site. Due to Enterprise's growth and increased parking needs, the current parking facilities no longer accommodate the needed parking/storage spaces. As a result, a modification to SE 02 -06 is being requested to expand the approved parking/storage area across Holman Avenue, to existing parking facilities associated with Golf Gator, located at 6355 N. Atlantic Avenue. In a letter dated March 25, 2014 (Exhibit A), Enterprise and Golf N Gator, LLC stipulates that the parties had earlier (February 1, 2014) entered into an agreement to provide overflow parking for the Enterprise location at 6211 N. Atlantic Avenue. See Exhibit B for a copy of the actual parking agreement between Enterprise and Golf N Gator, LLC, which includes a site plan showing the layout of the spaces. Staff Recommendation: Staff recommends approval of SE 1.4 -02, subject to the following conditions: 1. 'Within 90 days of final approval of this Special Exception by the Gape Canaveral Board of Adjustment, a 10 -foot wide, continuous, densely planted vegetative buffer will be installed along the eastern property line adjacent to N. Atlantic Avenue. Said buffer will be approved by the Planning and Zoning Director prior to installation. 2. All other conditions as enumerated in 'Special Exception 02 -06 shall transfer to the property subject to this request. Attachments: Exhibit A — Agreement Letter Exhibit B — License Agreement Exhibit C — SE application Exhibit D — SE, Worksheet and Staff Analysis ff # h March 25, 2014 The City of Cape Canaveral 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 RE,- Enterprise Rent A Car Golf N Gator, LLC E II'14 T IE R P R 8 S E-EH 0 L DI'N'GS. Central Florida Group Headquarters 5442 Hoffner Ave Orlando, FIL 32812 407-447-7999 enterprise hold ings,corn On February 1, 2014 Enterprise Leasing Company of Orlando, LLC entered into an agreement with Golf N Gator to lease space at their property located at 6355 N. Atlantic Avenue for the purpose of overflow parking of motor vehicles. Enterprise Leasing Company of Orlando, LLC By: Brian Mogauro Date Golf N Gator, LLC It's: VP/GM Ws: Owner RECITAL Licensor is the owner or tenant of a(►) parking located at 6355 North Atlantic Ave., CaM Canav�j al, fn+L, and commonly known as (the "Facility"). See Map f0lIDWin& Licensee is engaged in the business of renting motor vehicles and needs space to park its Vehicles. Licensor has offered to grant Licensee the right to occupy and use certain space in the Facility for the purpose of parking motor vehicles and Licensee is willing to accept such occupancy, subject to and in accordance with the terms and conditions hereinafter provided.. NOW, THEREFORE, in consideration of the mutual promises herein set forth and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, it is agreed as follows: 1. Definitions. Whenever used in this Agreement the following terms shall have the mcanings indicated Premises That portion of the Facility to be occupied by Licensee, such portion being 41 parking spaces in Sections 41, 2, 6, 8, 11 as shown on attached. neap.' 0 Permitted Use For the parking oftrintor vehicles, L cen e (a) Pay the License Fee to Licensor at Licensor's notice address on the first day of each month during the Term - Ucenst A,&Tmmtnt (parkft spaeo) Revised VI 3 . 1. (b) Comply with all rules and regulations generally applicable to occupants of the Facility now in effect or as hereinafter effected by Licensor, (c) Provide and keep in force during the Term, for the benefit of Licensor and any other persons or entities designated by Licensor, general liability insurance in the arnount of $2,000,000 for injuries to any one person, $2,000,0,00 for any one accident and $ 100,000 for property damage or, in the alternative, combined single limit coverage of at least 521,000,000" License-, shall deliver certificates of such insurance to Licensor before occupying the Premises. All such policies shall include a provision that Licensor shall receive at lease thirty (30) days notice prior to material change or cancel ' lation thereof. Except in the case of the willful or negligent act or omission of Licensor, its agent or employee and sub�iect to paragraph 10 hereof, Licensee agrees to indemnify, defend and hold Licensor harmless frorn and against any and all claims, damages,, liabilities or expenses (including attorney's fees) brought or incurred because of any injury to person(s) or damage to property arising from the use, occupancy or control of the Premises by Licensee; (d) Use the Premises only for the Permitted Use; and (e) At the expiration or tennination of the License, quit andsurrender the Premises in the same condition as the date hereof, damage by casualty and reasonable wear and tear excepted, and Licensee shall remove its equipment and any other property therefrom and repair any damage caused by such removal. Any equipment or property not so removed at the expiration or termination date shall be deemed abandoned, but Limnsee shall nonetheless remain, liable for the cost refits removal. (a) Permit Licensee and its agents, employees and invitees access to the Premises and the Facility throughout the Term and the right to use all means of ingreWegress of the common area a-,�socjlatod with the Facility (v,g. access roads, parking areas) in the same manner as such areas are made available to and used by the employer's and invitees of the Facility; (b) Provide and pay the cost of all u0itics serving the facility, (c) Keep and maintain 1hel"acility and the surrounding areas, including any equipment installed therein or themabout., neat, clean, free of debris arid trash and. in good order and repair and in an attractivc and clean condition, and uniformly enforce all rules and regulations generally applicable to occupants of the Facility now in effect or as herzinafter effected by Licensor; and (d) Provide and keep in force during the Tenn, for the benefit of Licensee, general liability insurance, in the amount of $2,000,000 for irijunes to any one person, $2,000,000 for any wic accident aird $100,000 for property damage or, in the alternative, combined single limit coverage of at least $2,000,000. Licensor shall also keep and maintain in full force and effect a policy of ".all risk" property insurance in an amount equal to the full replacement rrost of the building and all improvements at the Facility. Except in the case of the willful or negligent act or License Agr=ncnt (puking spaces) (wised 3113 -2- omission of Licensee, its agent or employee and subject to paragraph 10 hereof, Licensor agrees to indemnify, defend, and hold Licensee harmless from and against any and all clairns, damages, liabilities and expenses (including attorney's fees) brought or incurred because of any injury to person(s) or damage to property arising from the ownership, use, control or maintenance of the Facility by Licensor. 4 Alterations, Licensee will make no alterations or additions to the Premises without the written approval of Licensor,, which approval will not be unreasonably withheld, conditioned or delayed. 5. Si S_s, Licensee shall have the right to install tasteful, professionally prepared signs at the Premises and at such locations at the Facility that Licensor approves, which approval will not be unreasonably withheld, conditioned or delayed. 6. Liens. Licensee, agrees not to suffer any mechanic's lien to be filed against the Premises or the Facility by reason of any work, labor, services or materials performed at or Furnished. to the Premises by or for Licensee. 7, Default tf Licensee fails to cure (or as to any failure which cannot reasonably be cured within ten (10) days, fags to commence and diligently pursue the cure of) any default in the payment of the License Fee or with respect to the performance of any of the terms, conditions or covenants of this Agreement within ten (10) days after written notice of such failure, then Licensor may, if it so elects, at any time thereafter terminate this Agreement upon: giving Licensee ten (10) days notice in writing, and this Agreement shall terminate oil the date fixed in such notice as if such date were the date, originally fixed in the Agreement for the expiration of the Terin. Such right to terminate shall be in addition to any arid all other rights and remedies available to Licensor at law or in equity,, 4 8, Termination, This Agreement may be terminated by Licensee giving written notice of such termination to Licensor, Stich notice must state the effective date of such termination, which effective date must be at least 90 days following the date of the notice. 9, Notices, All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail or registered mail, return receipt requested, postage paid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed, or on the date noted that the addressee has refused delivery. If intended for Licensor, the same shall be mailed to the address hereinabove set forth or such other address as Licensor may hereinafter designate by notice to Licensee, and if intended for Licensee, the same shall be mailed to Licensee at 5442 Hoffiner Avenue., Orlando. FL 32812 Attu- General Manager, with a copy to Enterprise Holdings, Inc., 60O Corporute Park Drive, St. Louis, MO 63105, Attn- Real Estate Department, or to such other address or addresses as Licensee may hereinafter designate by notice to Licensor, 10. Release and Su4broggion- Licensor and Licensee each waive any right to recover against the other for damage to the Facility or the Premises or any part thereof or any property thereon, but only to the extent that such damage is covered by insurance actually carried or required to be carried by either Licensor or Licensee, This provision is intended to Nrcn--t Arg"Mcw (ParUle spa"n) Rmisrd 3111 3. waive fully, and for the benefit of each party, any rights and claims which might give rise to a right of subrogation in any insurance carrier. I I . Holding Over. In the event that Licensee or anyone claiming under Licensee shall continue occupancy of the Premises after the expiration of the Term without any agwment in writing between Licensor and Licensee with respect thereto, such occupancy shall not be deemed to extend or renew the 'Perin, but such occupancy shalt continue as a License from month to month upon. the covenants, provisions and conditions herein contained and at the same License Fee, prorated and payable for the period of such occupancy. 12. Qui t. Eujcymen covenants and agrees with Licensee that upon Licensee paying 1, Licensor r c the License Fee and observing and performing all of the terms, covenants and conditions on Licensee's part to be observed and performed hereunder (subject to applicable grace or core periods), Licensee may peaceably and quietly have, hold, occupy and enjoy the Promises without hindrance or molestation frorn Licensor or any persons lawfully claiming through Licensor. 13, Waiver of Ligensoif§1jen, Licemc shall not have, and hereby expressly waives any lien that it might have, whether statutory or otherwise, in Licensee's personal property, fixtures, satellite dish antenna, inventory or stock-in-trade for any reason whatsoever. 14. tqeAge,�!i This written Agreement, together with the exhibits hereto, constitutes all the representations and the entire understanding between the parties hereto with respect to the subject matter hereof, Any prior correspondence, memoranda or ,agreements are replaced in total by this Agreement and exhibits hereto, This agreement may not be modified or amended except in writing signed by each of the parties. This Agreement shall bind and be for the benefit of Licensor and Licensee and their respective heirs, beneficiaries, successors and assigns. 15. NkRights, Conferred. Nothing in this Agreement shall be deemed to confer upon Licensor any Tight or interest in Licensee's Trade Name, trade dress, slogans, or other property ,or procedures of Licensee. I­N WITNESS WHr3R-EOF, Licensor and Licensee have executed this Agreement as of the date first written above. I dconsor: 61; A) 6A 1144, BY: Its: Witness Uc-eizsc &Uccmak (puking spaws) Reviscd 3113 Licensee: Enterprise Leasing Co. of Orlando, LLC a Delaware limited liability company By„ Its,- Vice Pr"Ldent/Geaeral M"ager W ttness I Ll Ig 0. � \ \� \ \, e d � . I Ll Ig 0. F VN "S Instruction shileet ........ ............... Submittal Checklist........, ............ ..... ;....,6 Information & 4 Worksheet ........ ................................. 5, 6 7 Radius Package lnstruc\ti ,ns....,.........,....8 PD - Special Exception Application - 10,1411 tag 11 City of Cape Canaveral SPECIAL EXCEPTION Instruction Sheet A pre-application meeting with the City Planner is required prior to completion and submittal of a Special Exception application, The Special Exception application shall be prepared in compliance with the requirements of Chapter 110, Sections 110-38 & 110-39 of our code, To access our code visit yvww.,,ci!yafcap jrjgvL�Lralorg; from the ,e hoepage select City Code of QgL_ Ordinances; and click on the link to municode,com, You and/or representative are required to attend the meetings at which your request will be considered. You will be notified of the dates and times of meetings, Meetings are held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920, unless otherwise stated, The following items must be included for there to be a complete and reviewable submittal. If all items are not included at the time of submittal the application will not be accepted. Special Exception Application Submittal Checklist 1. —Completed Information Sheet 2, ex ._ Authorization to represent property owner, if applicant is not the owner. If tenant, Notarized letter of authorization. If ther: Written Power of Attorney. 4'�f 0 3.—_Payment of application fee ($250) and escrow deposit (escrow fees are to cover costs of application review, notification of surrounding property owners, etc. and the amount, is determined when the application is submitted), 4. Radius package from Brevard County, including: a radius map, three (3) lists of properties located within 500 ft, of the subject property; one (1) set of mailing 5.__zI b I (instructions on page 8). description along with certified survey or ma fro Brevard County Property Appraiser depicting property boundaries, 6._ py of recorded deed or Opinion of Title for subject property. Certified 7. ��_ rtified survey or site plan (scaled drawing of subject property depicting boundaries, all structures, and parking. PD - Special Exception, Application - 101411 Page 2 Description of Request: (insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet, MW M, Address of requested Special Exception: _ 63r55- 4j�h A',ve-. Name of Project (if applicable): I Legal description: Lot(sOA 4 Block Subdivision 0,11 41kri► '00 Section N Township q Range- akaki Future Land Use and Zoning d'esig!natio�ns.- I any the property owner. Ll�. I am a tenant. (Attach notarized letter of authorization). I am authorized agent other than a tenant: (Attach'IF11,ritten ftwer of Attorney) Ownier(s) Name: Gaia K4i-6'00-r--d Malling Address: 1X0 I A) , A'�)O-M'V�- Phone number(s). PD — Special Exception Application - 101411 Page 3 I 'hereby attest that all information, sketches and data contained and made part of this request are honest and true to ft best of myknovwledge and belief. Signature of Applicant: Notary Seal: BARBARA L COLEMAN ComrNssion # D'D 963336 * = Expires Mai} 19, 2014 4 ,hm T:iy inn lnsc owe G04 i.�t5.71i19 ': tea. PD, -- Special Exception Application - 101411 Page 4 Worksheet An applicant for a Special Exception is required to meet with the Planning Director prior to completing and submitting the application. The following worksheet will be used to evaluate the requested Special Exception. A Special Exception is a use that would not be appropriate generally or Without restriction throughout the zoning district, but which if controlled as to number, area, location, etc. would be appropriate, A Special! Exception will promote the public health, safety morals, order, comfort, convenience, appearance, prosperity or general welfare of the neighborhood community. It is the applicant's responsibility to make a case for the requested special exception and this worksheet is the criteria by which the Planning & Zoning Board will make its recommendation and Board of Adjustment will make its determination. Nature of S2ecial.,Exce2tion Describe what you are proposing to do, and why. Describe in writing and prepare site plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe the Special Exception requested. PD - Special Exception Application - 101411 Page 5 M w, , 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? 8. What are the hours of operation and how will they impact surrounding properties? Ill, ig=- MM W. 9. Is there adequate off -street parking? 44 17. 'Will the proposed SE have an: adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood ',hazards? NO PD - Special Exception Application -101 11 Page 6 18. Will the proposed SE have an adverse Impact on historic, scenic, and cultural resources, Including views and vistas, and loss or degradation of cultural and historic resources? 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? Alio 20. Will the proposed special exception have an adverse impact on housing and social conditions, includingi a variety of housing unit types, and prices, and neighborhood quality? A/D PD - Special Exception Application - 101411 Page 7 N 6355 N. Atlantic Ave,,, Cape Canaveral, FL 32920 Phone. 321.799-4545 Website: www.goifngator.com March 25, 2014 City of Cape Canaveral 7510 N Atlantic Ave. PO Box 326 Cape Canaveral, FL 32,926 To Whom It May Concern: Golf N Gator, LLC hereby agrees to authorize Carlos Montanez of Enterprise Leasing to subunit for a Special Exception regarding parking at 6355 N Aflanti,chve., Cape Canaveral, FL —12 witfiess 1 k6boord- Ovinqf Billing Contact info., 3201 N. Atlantic Avenue, Cocoa Beach, FL 32931 Phone: 321-783-1234 Fax: 321-783-1288 t':purry�MnMrn;s � wry® Y��roe�u�s�wcunmrz *,armwgor.mae.rouxnen. ^.mfirrau L'�,r2w ws.0. n.r�ran DESCRIPTION NOT A BOUNDARY SURVEY 9"M Jrxbibd ) A portion of Section 26, Township 24 South, Range 37 East, Brevard County, Florida, and including all of Lots 3 and 4 and a portion of Lot 5, PLAT Or GAE RETREAT, as recorded in Plot Book 11, Pago 45 of the Public Records of Brevard County, Florida and being more porticulartv described as follows.* Commence at the Northwest corner of said Section 26, thence NOO'41'56"W, along the West line of Section 23, Township 24 South, Range 37 East, Brevard County, Florida, a distance of 40.00 feet to the North line of that parcel described deed recorded in Official Records Book 5191. Page 2283, of the public records of 8revard County Florida.* thence N69*1740T, along said North line, a distance of 722.75 feet to the West right of way line of North Atlantic Avenue—Stote Road A-1—A; thence SOOW"54t along said right of way line, a distance of 396.37 feet, to the POINT OF BEGINNING of the herein described parcel, thence continue SOOW'54NE, along sold fight of woy line, a distance of 292-54 feet, to the North n-yht of way line of Holman Avenue as shown on the PLAT Oil GAE REMAT, as recorded in Plot Book I , Page 45 of the Public Records of Brevard County, Florida; thence S69'17'34'W, along said North fight of way line, a distance of 270,76 feet, to the Southeast corner of Lot 2 of said PLAT OF GAE RETRMT. thence N00'39 09'w, along the Cost line of said Lot 2, a distance of 90.85 feet, to the Northeast comer thereof; thence S69'17'J4% along the North fine of said Lot 2, a distance of 53.34 feet, thence N00*37'541W, a distance of 199,22 feet; thence N00'591690E, a distance of 2.90 feet; thence N89*22'06'E, a distance of 324.05 feet, to the POINT Or BEGINNING, Containing 2.07 acres, more or less. SURVEYOR'S NOd TES: 1. THIS 4 NOT A SITS VEX 2, The bearings shown hereon ore based on a bearing of NOO'41'56"W, along the West line of Section 23. J, 0 = Denotes change in direction (no corner found or set). SEE SHEET 1, FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOWS CERTIFICATION: I hereby certify that the attached Property Description was prepared EXHIBIT "A" under my direction, In accordance with oil applicable requirements of SHEET 2 OF 2 the Unimurn Technical Standards,' for land surveying in the State of Florida, described In Chapter 5J— 17, Florida AdministrotiM, Code, pursuant to Chapter 472,027, Florida Statutes. Not valid without the signature and the or;Final raised seal of a Florida licensed surveyor and mapper, 2, 1 PREPARED AND CERTIFIED FOR jog No, 020150.5 DATE., E--97-13 I W! ftlN INC. Rondo BOB BAUGHER r "a Mapper No. 4262 S,KE'TCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY � I u tt- 'u tt Tract Exhibit A IV, LINE OF Ow .5 19 1, MW 22M JAM. 1, I -M-W 40,00 �23 27 POINT OF COMMENCEMENT NX CORNER OF SCMON 26 0 25 5D loo GRAP0C SCALE ABB,REVIATIONS.� I W R Or OXY LINE Of AORM AXAAWC AWW PMlr RM A -1 -A) POINT OF BEGINNING NW22'06 T 324.06' SUBJECT' PARCEL COMMING 2.07 ACRES .39 NX CORNER OF LOT 2 5J..34" LOT 2 PLAT OF CAE RETREAT &E wRm4R oF tor 2 PLAT DOOR f $, PAGE 45 ALLEN Engineering, Inc. MWORS - ENGINE= 1081 DIM LANK COCOA BEACH, FLORMA 32931 TFlKPHONE, ,g2l)7g8.3-7 i 1 (321)783-5902 . en m bet T WEDSM vnm M&; info@auetmg.net SW 17'34 V 270.76' HOLMAN AVENUE (PtA r WOK PAV W I ru ti DAM 6-27-13 1 DRAWN BY OJG BOB BAUGHER JOB NO, 020150.5 1 SCALE: 1'=100' —d Value Summa Roil Year: 1 2011 Market Value Total"] $115,0 Agricultural Market Value: Assessed Value Non-School: Assessed Value School: Hotnest eaid Exernption.:2 Additional Homestead:2 Land information Acres: 0.21 bores:' Code: 1 bite other Ex2m2t22111. $o $01 $U Taxable Value Nqn-School:3 $115,000 E$105�,OOJO $110,000 Taxable Value Slchool:3 _$115,000 $105,000 $110,,000 1: Market value is established for ad valorem purposes in accordance with s.193-➢11(l) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. 21- Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred. 3: The Additional Homestead exemption does not apply when calculating taxable value For school districts pursuant to Amendment 1. C Tnfehirmatinn Safe screening and sale screening source codes are for assessment purposes only ano nave no veariny on puLerouvi marketability of the property. ht4)s://wAw,bcpao.uslasp/Show_parcel.asp?acct=2436959&gen=T&ta)r-T&bld--T&oth--T&sai=T&Iind=T&Jeg=T&GoVVnere=ireal-search.asp&SearchB�FTax 1/2 W2b[2014 t3cPAU - Property Details Screened Utility Enclosed I I Enclosed Porch DC use Year Story --FExterior Frame Interior Roof Roof Floors Ceiling C Built :H ]el 9 h qt Code-L-1 Code Code Type: Code Material Code Code Code 1 83 0 1959 8 03 04 00? 04 03 0 Buildina Area Information I DC Base Garage' Open Car age Screened Utility Enclosed I I Enclosed Porch Attics Bonus IRV RV Rooms Carport Garage Total Base # Area ;2,426 Area Porches Port Porches, Rooms Area 0 0 -318 26,1 01 1 01 2426 Extra Feature Information Extra Feature Description Units OFTBUILDINGI 88 Pro o,,,s d Taxes 2013 Rollback Taxes 2013 Taxing Authorities Ad Valorem Taxes Billed Taxing Authorities Ad Valorem Taxes Billed County:; $625.03 County 'school' $610.69 Schiool-. $836.66 857.5 City and/or MSTU! 448, 13 City and/or MSTU 1430 .13 Water Management.- $36.11 Water Management $36.11 Special District: $3.80 _ SP District Debt Payment: $12.75 Debt Payment $17.35 Total Ad Valorem: $1,962.48 Total Ad Valorem I -1--- 1 ----- ------ --- - 1,955.4!� Data Last updated: Tuesday, March 25, 2014- Printed On Tuesday, March 25, 2014. httWIAAmw.bcpao.:uslasplShawj)arcc4.asp?acet--2436958&gen=T&tax--T&bld=T&oth=T&sal=T&Ind=Tgdeg=T&GoMere=real-search.asp&SearchBg -Tax 2f2 31;eb/2014 BUFAC) - property Details General Parcel Information owner Information i i MW AN I 140429VI 6-�-ogy-afa-�H hir-AT'dig V-11 NII I 0 ICI 1961 Sub Nan-le. L GAE RET 3,4, 5 EX SUBD 7 R/W iomestead Exery Additional Home other Exemptions.2 11 —Taxable Value Nose�-,Sc 2Vale �hool:31 �93,020 $93,020 $93,0 Taxable Vale Schoo2lL$93,020 J $93,02 JO $93,020 j 1: Market value is established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property, 2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has ,occurred. 3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to Amendment 1, Mnr--V MITTONTIM Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potenuaf marketability of the property. https:lAwm,bopao.us/asp/Show parod,asp?acct=2436969&gen=T&tar-T&bld=T&oth-T&sal=T&Ind=T&Ieg =T&GoWnere=reEd-search,asp&SwchBrTax 112 �V2!31ZU14 n lr� & jnj a OwIpLO01F. - ^11w i Taxing Authorities Ad Valorem 'Taxes Billed County: 828.53 School: $707-51 City and/or MSTU: $378.95 8L;PAO - PropertyDetails Water Man gementv $30.54 Special District, $3.21 Debt Payment: $10-78 Total Ad Valorem: $1,659'. 52] Data Last Updated: Tuesday, March 25, 2014- Printed on: Tuesday, March 25, 2014. Rallback'Taxes 2013 htW.lAmNw.bepao.uslaspl$howj)arr,c4,asp'?acct--2436959&gen=T&tax-T&bld=:T&cth=T&sal=T&Jnd=Tgdeg=T&GoWhere=reaN-search,asp&SearchB�Tax 212 ;Vzb/'W4 Site Address: 13C PAU - Propefty Uetalls General Parcel Information 1� 24-37-26-00-00254.1- 0000. 00 Site Address is assigned by Brevard County community name. ��IKZO= I 'Tax ID: 2436773 Assignment for E-911 purposes and may not reflect the postal Abbreviated Description =40=11 r4ff Land Val�ue: ............................. 1: Market value is established for ad valorem purposes in accordance With 5, 193.011(l) and (8), Florida Statutes, This value does not represent anticipated selling, price for the property. 2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred. 3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to Amendment 1, Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential marketability of the property. https:/Am&w.bcpm�uslesp/S,how parcel.asp?acct=2436773&gen=T&tax--T&bld=T&otIT--T&sag=TSdnd=T&Ieg=T&GoVftre=:real—search.asp&SearchBy =Tax 112 NZb/2014 k3U HAG - Property L) eta) I S Propose Taxes 2013 RollbackTaxes 2013 Taxing Authorities Ad Valorem, Taxes Billed Taxing Authorities Ad Valorem Taxes Billed County: $369.78 County 361,30 School: School 507.34 City and/or MSTU: _.1495.00 1265.13 City and/or MSTU ..E54,17 water Management: $21-37 Water Management --_E1.37 Special District: $2.25, District ..,._...L2.16 Debt Payment: 1$7.54 k--- Debt Payment 10.26 Total Ad Valoremi: $1,161.071 Total Ad Valorem Data Last Updated: Tuesday,, March 25, 21014- Printed On: Tuesday, March 25, 2014. hftp0AmAw.bcpaaUS/aSp/Show parcd.asp?acct=2436773&gen=T&tax--T&Nbd=T&Oth=T&Sak=T8dnd=T&Ieg=T&GoVvhere=real—search.asp&SearchBy=Tax 212 312blZU14 8(;PAU - Properry Uetals SO General Parcel Information rr rr r rrrr M Site Address: 355 N ATLANTIC AVE , CAPE CANAVERAL 32920 Site Address is assigned by Brevard County community name. Owneir Information Assignment for E-911 purposes and may not reflect the postal Abbreviated Descrietion,, Sub E 400 FT OF S 200 FT OF �l 560 Ilan FT OF GOVT LOT I W OF —jEX ORB 647 PGS 210L_212_ Land Information Acresa 0.45 Site Code 1: Market value is established for ad valorem purposes in accordance with s. 193,011(1) and (8), Florida Statutes, This value does not represent anticipated selling price for the property. 2: Exemptions are applicable for the year shown and may or may not be applicable If an owner change has occurred. 3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to Amendment I., official Records Sale Date Sale Deed 1 sale Screening Sale Screening Physical Change Vacant/Improved Book/Page Amouint Type Code Source Code 6740/0406 11/15/2012 $1 0. WD 63921152 5/31/2011 $100 5 1/275 1/28/2004 $11524,000 PT D-8 0990 11/25/2002 __$850,000 WD PT 4769j0988 1/23/2002 00 _.Q C 367712984 13001000 PT 36761773 5/1/1997 $200,000 PT _j, 301 7 .8/15/1989 $510,3001 P--Q P . ........ I V 1.728/0976 1/1977 127t3001 I WD '- --PT 1153/0664 12/1/1970 $66,7001 PT I Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential marketability of the property. Buildin Information https.lMww.bcpao,us/asp/Sbow Wcel.W.accl=2436772&W=T'&ta)r-T&bid--T&oth=T&sa[=T&Ind=T&Ieg=T&GoWhere=real—sewch.asp&SearchBy=Tax 112 ,92!V U14 BCPAU -Property UetaHs Code I B- U- i It I H- e- i- g- 4 t rode - ' " C- o d e I C11 - o.o.e - j_Type j _Materlal 6 e Code Buildina Area Information R Extra Feature Information Extra Feature Description Units LIGHT POLES 2 OUTBUILDING 2010 PAVING 32,120 PAVING 318 FENCE 3,00 DOCK ROOF 112 WOOD DECK 400 FENCE,_ 338, GOLF COURSES1 City ands /or MSTU Pro pused Taxes 2013 Rollback Taxes, 2013 Taxing Authorities Ad Valorem Taxes Billed Taxi ;1 Authorities Ad Valorem" County: I $1,399.24 County School" 1,873,05 School City and/or MSTU: tl QM 94 City ands /or MSTU Water Management: $80,85 Water Management Special District- $8.50 SP District Debt Payment: $28.54 Debt Payment Total Ad alorern: 14,,393.421 Total Ad Valorern, Data Last Updated: Tuesday, Marich, 25, 2014- Printed On, Tuesday, March 25, 2014. hftps:l&mw.bcpao.uslasp/Show_parciel,asp?acct=24-36772&g en=T&tax--T&bld=T&oth=T&sal=T&Rnd--T&Ieg:=T&GoVVnerL-= reW—search.asp&SearchBrTax 2J2 SZb/2014 bcpA() - Property UetN18 General Parcel Information 24-37-2.IMO -00254.;2- I millauge c-ode:j 11, Exemption:] 10000.00 I 'i Site Address is assigned by'B—re community name. Owner Information County Address Assignment for E-911 purposes and may not reflect the postal Abbreviated I DescriE titan , Sub PART OF E 360 FT OF S 200 Naas: FT OF N 560 FT OF GOVT LOT I W OF HWY AS DES IN ORB 647 PG 210 Value Summw Rail Yeard 2011. Umhno Tnfn1!1 1$139,2 l m 0 1 on I ME Taxable Value School -31$139,22101$139,220 $139,2201 1: Market value is established for ad valorem purposes in accordance with s,193,011(1 ) and (8), Florida Statutes. This value does not represent anticipated selling price for the property, 2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred, 3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to Amendment 1, mpllm=� marketability of the property, hnps:lhw,w,bcpao.uslaspIShowjaaro,el.asp?ac,ct=2436774&gen=T&tax--T&bld=T&oth=T&saI=T&Ind=T&Jeg�T&GoVWere =read –search. aslp&SearchByFTax 112 312b/2014 t3(;PAO - Property Details Proposed Taxes 2013 Taxing Authorities� I Ad valorem Taxes Billed County: $791.04 School: $1,058.91 city and/or MS'TU: ............ 67.17 Water Ma,n.agement- 145.71 Special District: Debt Payment, $16.14 Total Ad V lorem:i $2,483.77 Rollback Taxes 2013 Data Last Updated: Tuesday, March 25, 2024- Printed On: Tuesday, March 25, 2014. hW//wvwbcpao.us/asp(3how parrd.asp9acct= 2436774&gen=T&tLK--T&bld=T&oth=T&sal=T&Ind=T&Jeg=7&GoWhere=real—search.asp&Seatch8y=Tax 212 This Docurront Prepared By and Return to, Mitchell S. Goldman, Esquire 96 Willard Street, Suite 302 Cocoa, FL 32922 Parcel rD xurnberc 24-37-26-00-253.2, 24-37-26-00-254, 24-37-26-00-2541, 24,-37-26-00-2542 and 24-37-26-28-3 This Indenture, Made this 7.\ day of February, 2014 A-n., Between S & B Enterprises of Cape Canaveral, LLC, a Florida limited liability company of the County of BrOV&=d, State of Flotida, grantor, and Golf N Qator, LLC , a Florida limited liability company whose add= is: 3201 X, Atlantic Avenue, Cocoa Beach, FL 32931 ofte County ofBrevard, State of Floridan, grantee. Witnesgeth that Lhe GRANTOR, for and in consideration afthe sum of ------------------------- TEN. I)OLLARS (010) ------------------------ ))Or�LARS, and other good and veduablo consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and CiRAMME'S heirs, successors and assigns forevor, the following described land, situate, lying and being in the County of Brav&rd State of Flt orida to wit: See Exhibit 4 attached hereto and made part hereof and the grantor do" booby fully warrant the title to said land, and WDI defend the same against lawful claltns orals persons wbornspevo, In Witness Whereof, the grantor has hereunto set its hand and soul the day and year first above written, Signed, sealed and delivered In our preaenct. Rbbext A, D,augher, Managing Member P.a, Address, 2210... SosuRh Artpao tic Avtnue, Cocoa Heath, F� 329d 1 14-5013 Exhibit 'WR A portion of Section 26, Township 24 South, Range 37 East, Brevard County, Florida and including all of Lots 3 and 4 and a portion of Lot 5, Plat of W Retreat, as recorded in Plat Book 11 page 45 of the Public Records of Brevard County, Florida and ]being more particularly described as follows; Commence at the Northwest corner of said Section 26; thence N 00m 41'56" W along the' West line of section, 23, Township 24 South, Range 37 East, Brevard County, Florida a distance of 40 Q0 feet to the North line of the parcel, described in heed recorded in Officyial. Records Boom 5191 page 2283, of the iublic Records of Brevard county, Florida; thence N 891 171401, 9 along said North line a distance of 722.75 feet to the Nest right of way line of North Atlantic Avenue (State A- 1 -R)'; thence S 009 37154" E along said right of wady line a distance of 398.37 feet to the Point of Beginning of the herein described parcel; thence ,continue S 00° 37154a1 E along said right of way line a distance of 292,54 feet to the North right of way line of Holman Avenue as shown on the Plat of c" Retreat, as recorded in Plat hook, 11 page 45 of the Public Records of Brevard County, Florida; thence S 890 17134x5 W along Paid North right of way line a distance of 270.76 feet to the Southeast corner of Lot 2 of said Plat of GAE Retreat; thence N 00° 391091° N along the East line of said Lot 2 a distance of 90.85 feet to the Northeast corner thereof; thence S 89° 17134A1 N along the North line of said Lot 2 a distance of 53.34 feet; then N 00" 37154 11 W a distance of 199.22 feet; thence N 00 °59'59" E a distance of 2.50 feet; thence N 690 221061' E a distance of 324.06 feet tc the Point of Beginning Lws., COorrc Nd by C PLW4Y Im, 2014 {1631769.5153 Special Exception Worksheet and Staff Analysis Z� Ml All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes c. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes 2. Impact to Surrounding Properties a. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the property is currently used as a parking facility. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes c. Will the traffic generated volume and type adversely impact land use activities in the immediate vicinity? Yes d, Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stoirnwater runoff, or other offsite impacts that would not have been created had the property been developed as a principal use? No e. Will there be adequate screening, buffers, landscaping, open. space, off-street parking, other similar site improvements to mitigate any adverse impacts of the special exception? Yes f. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the special exception requested? Yes g. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes h. What are the hours or operation and how will they impact surrounding properties? The hours of operation will be consistent with the surrounding commercial uses, 3. Traffic and Parking a. Is there adequate off- street parking? Yes b. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes c. What type and how much traffic will the special exception generate? n/a d. Are there adequate loading .and unloading areas? Yes 4. Public Services a. Are adequate utilities available? Location and capacity. Yes b. Will. the proposed special exception create any unusual demand for police, fire, or emergency services? No c. Will the proposed special exception have an adverse impact on public services, including water, sewer, surface water manages rent, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? Yes 5. Miscellaneous Impacts a. Will the proposed special exception have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No b. Will the proposed special exception have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? No c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No d, Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? No City of Cape Canaveral, Florida Planning and Zoning Board April 23, 2014 Staff Report Ordinance 00 -2014 Request: To amend Chapter 90, Sec. 90 -1.72, to establish certain design standards for the construction of wet and dry, retention /detention facilities that are part of the City's stormwater management system. Applicant and Owner of property: Administrative Subject properties: n/a Future Land Use and Zoning Designation: Applicable in all Future Hand. Use and Zoning districts. Surrounding zoning: ri"a Surrounding uses: n/a Background/Analysis: Managing the quantity and quality of stormwater is referred to as stormwater management. Stormwater is of concern for two maim issues: one related to the volume and timing of runoff water (flooding) and the other related to potential contaminants that the water is carrying (water pollution). The federal Government, through the Environmental Protection Agency, has promulgated rules associated with storrnwater. l..,ocal governments are required to implement these standards largely to safeguard their water resources. As Cape Canaveral is a barrier island, the management of water duality and quantity is even more critical. Retention /detention ponds provide two important services in stormwater management. First, they retain the runoff before releasing it into surface water bodies (streams, lakes, rivers). They release the water at flow rates and frequencies similar to those that existed under natural conditions. The second benefit of the ponds is that they provide pollutant removal. It has been reported that ponds remove 30 -80% of certain pollutants from water before it enters nearby water bodies. Common pollutants reduced are sediments, bacteria, greases, oils, metals, total suspended solids, phosphorous, and nitrogen. During the development review of a recent project within the City, certain ambiguities surfaced regarding allowable slopes associated with retention/detention ponds. This refers to the angle, or slope, of the pond walls. In addition, the City Engineer is being granted the authority to administratively approve alternate slopes. Staff Recommendation: To amend Section 90 -172, as follows: Sec. 90 -172. Banks of detention and retention areas. Both dry and wet detention /retention areas may be used in the design of the Ci s starmwvater mane ement s stems. The pe meter° banks of detention and r-etentieii afeas in the StEWMWatef either system shall have a slope no greater than of €4 4:1; unless otherwise approvcd by the City En ig Weer. to For wet detention/retention basins mss, this slope shall extend at least two feet below the controlled water -level before becoming steeper. Underwater slopes shall not be greater than 2:1. Attachments: Exhibit A - Ordinance 00-2014 Exhibit B - John Pekar Memo — January 29', 2014 Exhibit C - Todd Morley Memo — January 15, 2014 Exhibit ORDINANCE NO. -,2014 WHEREAS, the City of Cape Canaveral 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 City Council of the City of Cape Canaveral believes best stormwater engineering practices serve the interests of ecology and economy and contribute to the general quality of life for the residents of Cape Canaveral; and WHEREAS, the City Engineer of the City of Cape Canaveral has recommended the ordinance revisions detailed herein; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS 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 90, Floods, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeou t type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 90. It is intended that the text in Chapter 90 denoted by the asterisks and set forth in this Ordinance shall rernain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 06 - 2013 Page 1 of 3 Sec. 90 -172. Banks of detention and retention areas. Both dry and wet detention /retention areas may be used in the design of the Cit 's stormwater management systems. The perimeter banks of detention and feteR4ien areas in the stormwatef m.-magement system either system shall have a hofiF,,i „r to vertical slope no greater than of 6:-1 4:1 unless otherwise approved by the City En ineer. T* For wet detention /retention basins pons, this slope shall extend at least two feet below the controlled water- -level before becoming steeper. Underwater slopes shall not be greater than 2.1. 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 of meaning of this ordinance and the City Code may be freely made. Section. S. 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. Adoption page follows City of Cape Canaveral Ordinance No. 06 - 2013 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of .2014. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, Bob Hoog City Clerk Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal forin and sufficiency for the City of Cape Canaveral only by. ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No, 06 - 2013 Page 3 of 3 Exhibit Roni F1 owe rojiflaweftmalcom OfficeManager Ce;lPhow 321-403-4899 January 29, 2014 Todd Morley City of Cape Canaveral Community & Economic Development 7510 North Atlantic Avenue Cape Canaveral, FL 32920 Re: City of Cape Canaveral — Section 90-172 City Code Revision Dear Todd: In reviewing the proposed ordinance for banks of detention/retention systems, I would like to recommend the following: See. 90-172 reads good with the exception of the last sentence concerning the planning of the littoral zone. This last sentence should be removed. The suggested planting of the littoral zone is a little ahead of the City's experience to select appropriate native vegetation, evaluate long term plant viability, measure 20% ratios of various pond shapes, etc. The 4:1 slopes will generally generate native plant types on their own, while new water quality data is currently being developed. With the removal of the last sentence in Sec. 90-172, 1 would recommend approval. If you have any questions please call. Thanks, L, John A. Pekar, P.E. JAP:n,nf Exhibit TO: David Dickey, Planning and Zoning Director FROM: Todd Morley, Community & Economic Development Director DATE: April 7, 2014 RE: Ord. No. - 2014 - Banks of Detention and Retention Areas I have reviewed Ordinance No. - 2014 - Banks of Detention and Retention Areas and recornmend approval. E