HomeMy WebLinkAboutAgenda Packet 12-16-2014CITY COUNCIL MEETING
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASEKEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
December 16, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
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 City Council 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 items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
CONSENT AGENDA:
6:15 p.m. — 6:20 p.m.
1. Approve Minutes for Regular City Council Meeting of November 18, 2014.
2. Approve an Application for Satisfaction or Release of Code Enforcement Lien
from $49,500.00 to $36,500.00, Case No. 2010-00140, 8713 Hibiscus Court.
3. Appoint Mayor Randels as the Voting Delegate to the Space Coast
Transportation Planning Organization (TPO) Governing Board, representing the
North Beaches Coalition of Cape Canaveral and Cocoa Beach; reappoint Jeff
Ratliff as the Voting Delegate to the Technical Advisory Committee (TAC) with
Lonnie Dunn as the Alternate; and reappoint John Price as the Citizen Advisory
Committee (CAC) representative.
PUBLIC HEARING:
6:20 p.m. — 6:45 p.m.
4. Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date,
second reading.
5. Ordinance No. 12-2014; amending City Code Chapter 22, Community
Development, related to administrative extensions of Community Appearance
Board Approvals; amending City Code Chapter 110, Zoning, related to
City of Cape Canaveral, Florida
City Council Meeting
December 16, 2014
Page 2 of 2
administrative extensions of Site Plan approvals; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code; severability;
and an effective date, first reading.
6. Ordinance No. 01-2015; amending Chapter 102, Vegetation, of the Code of
Ordinances; amending Definitions and Permit Exceptions related to Hazardous
Trees; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, first reading.
7. Ordinance No. 02-2015; amending Chapter 22, Community Development, of the
Code of Ordinances; amending the duties of the Business and Economic
Development Board; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code, severability; and an effective date, first
reading.
ITEMS FOR ACTION:
6:45 p.m. — 7:15 p.m.
8. Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities.
9. Authorize Removal of a Specimen Tree at 139 Oak Lane.
REPORTS:
7:15 p.m. — 7:30 p.m.
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
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 City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM #1
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
November 18, 2014
600 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:02 P.M. and led the pledge
of allegiance. Mayor Randels provided direction for the use of the speaker cards.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Bob Hoog
Mayor Pro Tem Buzz Pestos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Administrative Services Director Angela Apperson
Finance Director John DeLeo
Community & Economic Development Director Todd Morley
Planning & Zoning Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
PUBLIC PARTICIPATION:
Alex Penn commented on the great job done by the City Council. He shared his
observations of the Cape Shores area of AlA, referred to the Vision Statement and its
advocating to have tree lined streets. He expressed his appreciation for the trees on the
west side of Al A.
Jim Masson' of the Florida Beer Company thanked the Council Members for their service
and congratulated Council Member Hoog and Walsh on their re-election. He spoke about
Consent Agenda Item #5 and noted that some of the subject easements are involved in
litigation. He provided historical information related to the access to his property at 200
City of Cape Canaveral, Florida
City Council Regular Meeting
November 18, 2014
Page 2 of 5
Imperial Boulevard and encouraged the City to explore other avenues to get the water to
the new hotel.
Attorney Jack Kirschenbaum, representing the Florida Beer Company, provided
additional information about the litigation and the location of water lines to serve the area.
Attorney Anthony Garganese explained the location of the easements that are on the
Agenda. A discussion ensued and included: the purpose of the easements, the location
of the 8" water line needed to serve the new hotel; the possibility that the private roads
may be deeded to the City; that the City is not taking a position/side in the litigation; that
the City is trying to move forward in the best interests of the City, the future possibility of
a north/south road to the Port; the regional approach to make improvements in the area
for future developments; the standards of the Overlay District and thepgssibility of a future
unity of title document, which is not a part of the easements. Mayor Randels explained it
is not the Council's normal course of business to enter into dialog on items brought forth
under the Public Participation item.
OATHS
Members Bob Hoog and Betty Walsh.
the appointment of a Mayor Pro Tem for a one year term. A motion was made by
SELECTION OF MAYOR PRO TEM: Mayor Randels explained the Charter provides for
Council Member Walsh, seconded by Council Member Petsos, to nominate Bob
Hoog as Mayor Pro Tem.. The nominations were closed. The motion carried 5-0 with
voting as follows: Council Member Bond, For, Mayor Pro Tem Hoog, For; Council
Member Petsos, For, Mayor Randels, For; and Council Member Walsh, For.
PRESENTATIONS / INTERVIEWS:
Interview Applicant for appointment to the Board of Adjustment (William "Joe" Elliott):
Mayor Randels noted the recommendation from the Board of Adjustment to appoint Mr.
Elliott to the Board. Attorney Garganese asked Mr. Elliott if all information on his
application, was true and correct, to which he responded in the affirmative. Attorney
Garganese asked Mr. Elliott if he would have any problems serving in an impartial way.
Mr. Elliott indicated he had no problem being impartial and understands the rules and
regulations. Council Members comments included: Mr. Elliott's prior service on the
Planning and Zoning Board, items on Mr. Elliott's resume and their appreciation for his
desire to serve the City.
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. Council Member Bond requested removal of item #5.
1. Approve Minutes for Regular City Council Meeting of October 21, 2014:
City of Cape Canaveral, Florida
City Council Regular Meeting
November 18, 2014
Page 3 of 5
2. Approve the 2015 City Council Regular and Tentative Budget Meeting Schedule:
3. Resolution No. 2014-36; appointing a Member to the Board of Adjustment of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (William "Joe" Elliott):
4. Approve Donation Agreement between Health First, Inc. and the City of Cape
Canaveral for purchase and installation of four exercise/fitness clusters at Xeriscape Park
and authorize the City Manager to execute the Agreement:
5. Accept four(4) Public Utility Easement Agreements for property north of Lift Station
#6; authorize execution by the City Manager; approve credits for future Sanitary Sewer
Connection Fees and/or Impact fees in the amount of $83,100 and record a consensus
related to a future unification instrument:
A motion was made by Council Member Petsos, seconded by Council Member
Walsh, to approve items one through four. The Motion carried 5-0 with voting as
follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
#5. Discussion ensued and included: the location of the water line and the importance
of it to future development; the improvements that are needed to the lift station in the
area; the work to build north/south road between the Port and Imperial Blvd.; the
indemnification by the property owners, which the City is relying upon; whether the access
is by prescription rather than official easement; the costs associated with taking property
by eminent domain; should the City acquire the roads, grants would be sought to make
the necessary improvements, an explanation of the recommendation to make a general
consensus for a commitment to work in good faith with the owners toward a mutually
agreeable unification instrument for the properties owned by Sheldon Cove and that this
is not a part of the easement agreements, and that the documents are in order/ready for
Council action. A motion was made by Council Member Bond, seconded by Mayor
Pro Tem Hoog, that we approve item # 5 as written. The motion carried 5-0 with
voting as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council
Member Petsos,for; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARING
6. Ordinance No. 14-2014; adopting the amendments to the Annual General Fund,
Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and
Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013, and
ending September 30, 2014; providing for the repeal of prior inconsistent ordinances and
resolutions; providing for an effective date, second reading: Attorney Garganese read
the Ordinance title into the record. Mayor Randels noted the dates of the first reading
and advertisement. He explained the Ordinance purpose and stated the anticipated
City of Cape Canaveral, Florida
City Council Regular Meeting
November 18, 2014
Page 4 of 5
ending fund balances. The Public Hearing was opened. No comments were received
and the Public Hearing was closed, A motion was made by Council Member Walsh,
seconded by Council Member Petsos, to adopt Ordinance No. 14-2014. The motion
carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem
Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member
Walsh, For.
7. Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; providing for the repeal of prior inconsistent ordinances and resolutions;
incorporation into the Code; severability; and an effective date, first reading: Attorney
Garganese read the Ordinance title into the record. Mayor Randels explained the
Ordinance allows additional items in the property setbacks. He noted the positive
recommendation of the Planning and Zoning Board. The Public Hearing was opened. An
unidentified individual from the audience asked the Mayor to read the allowed items, to
which he did. City Manager Greene indicated the Ordinance only adds air conditioners
and pool equipment to the items allowed in the side setbacks. The Public Hearing was
closed. Council Member Petsos asked for an Ordinance revision to correct a scrivener's
error by inserting "un" in front of "enclosed". A motion was made by Council Member
Walsh, seconded by Council Member Bond, to approve the Ordinance with the
change. The motion carried 5-0 with voting as follows: Council Member Bond, For;
Mayor Pro Tern Hoog, For; Council Member Petsos, For, Mayor Randels, For; and
Council Member Walsh, For.
REPORTS:
Council Member Bond noted his attendance at the quarterly meeting of the Brevard
Tobacco Initiative Partnership, where they presented the City of Cape Canaveral with a
Certificate of Appreciation for the City's contributions to the mission of Students Working
Against Tobacco (SWAT). He congratulated Mayor Pro Tem Hoog and Council Member
Walsh on their re-election to office and complimented Staff on the improvements at
Manatee Sanctuary Park.
Council Member Walsh expressed appreciation to the voters and wished everyone a
Happy Thanksgiving with safe travels. She encouraged attendance at "Light-up Cape
Canaveral" on December 6, 2014.
Council Member Petsos complimented Public Works Services and Deputy Director
Lonnie Dunn for Veterans Day preparations. He encouraged attendance at the Thursday
Police Athletic League Dinner.
Mayor Pro Tern Hoog thanked the voters and expressed desire to continue planned
projects.
Mayor Randels noted work toward implementation of the Community Vision Plan.
City of Cape Canaveral, Florida
City Council Regular Meeting
November 18, 2014
Page 5 of 5
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:20 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Administrative Services Director
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 2
Subject: Approve an Application for Satisfaction or Release of Code Enforcement Lien
from $49,500.00 to $36,000.00, Case No. 2010-00140, 8713 Hibiscus Court.
Department: Community and Economic Development
Summary: This property was the subject of an ongoing code enforcement case related
to the unsafe condition of the interior of the premises. The First Notice of Violation was
issued on October 18, 2010. Over the next four years, the property changed hands
several times. Each time the property changed hands, Staff was required to re-notify
the new owner and reimpose any lien as a new lien. The current owner is Fannie Mae.
They were issued a Notice of Violation on September 26, 2013.
On November 21, 2013, the Code Enforcement Board entered an Order Imposing
Penalty in the amount of two hundred fifty dollars ($250.00) per day until the violation
was corrected and full compliance was confirmed (Attachment #1).
On June 6, 2014, the property was brought into compliance by Fannie Mae (Attachment
#2). The lien stopped accruing and the total amount of the lien was calculated at
$49,500.00 (Attachment #3).
On October 30, 2014, Fannie Mae applied for a reduction of the Code Enforcement
Lien (Attachment #4). On November 20, 2014, the Code Enforcement Board
recommended the City Council reduce the outstanding lien to $36,000.00 (Attachment
#5), a reduction of$13,500.00.
Staff's costs are $5,575.66(Attachment#6). The recommended lien reduction recovers
all City Costs. Current market value according to Brevard County Property Appraiser is
$108,230.00 (Attachment#7).
Submitting Department Director: Todd Morley Date: 12/08/14
Attachments:
#1 - Board Order
#2 - Notice of Compliance
#3 - Current Lien Calculation
#4 - Application for Satisfaction or Release of Code Enforcement Lien
#5 - Code Enforcement Board Memo - Recommendation to City Council
#6 - Staff's Costs
#7 - Brevard County Property Appraiser Information Sheet
Financial Impact: $13,500.00 in forgone lien collections; Staff time for preparation of
Agenda Item.
Reviewed by Financial Services Director: John DeLeo Date: 12/08/14
City Council Meeting Date 12/16/14
Item No. 2
Page 2 of 2
The City Manager recommends that City Council take the following action:
Approve the reduction of the outstanding lien from $49,500.00 to $36,000.00.
Approved by City Manager: David L. Greene Date: 12/08/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modification
[ ] Tabled to Time Certain
Attachment #1
CFN 2013270635, OR BK 7029 PAGE 2505,
Recorded 12/12/2013 at 12:28 PM. Scott Ellis, Clerk of
Courts Brevard County
# Pgs: 20
[city seal] City of Cape Canaveral
Community & Economic Development Department
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANVERAL, Case #10-00140
A Florida municipal corporation CERTIFICATION
Complainant, STATE OF FLORIDA
v. COUNTY OF BREVARD
Federal National Mortgage Association CITY OF CAPE CANAVERAL
I, Mia Goforth, do hereby certify this copy
8713 Hibiscus Court of Order imposing penalty for case #10-00140, dated
Cape Canaveral, FL 32920 November 21, 2013, is a true and correct photocopy of the
LEGAL: OCEAN WOOD STAGE 5 LOT 144 PLAT BOOK 0025 PAGE 0087 City's record copy(Original).
PARCEL ID:24-37-14-57-00000.0-0144.00 By my hand and the official seal of the City
Respondents, of Cape Canaveral on this 4th day of
ORDER IMPOSING PENALTY ON FIRST VIOLATION December , 2013.
THIS CAUSE having come on for consideration, after being duly noticed, before the Mia Goforth, Deputy City Clerk
Code Enforcement Board of the City of Cape Canaveral, Florida, on November 21, 2013 to City Clerk or Deputy City Clerk
determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or
existed on the property located at 8713 Hibiscus Court, Cape Canaveral, Florida ("the
Property"). The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondents were provided a Notice of Violation in accordance with
Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent
with sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 108.1, Unsafe Structures & Equipment; Section
108.1.3, Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4,
Structural Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks,
Porches and Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the
International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the
City Code exist or existed upon the Property and Respondents were further provided a
reasonable time to correct said violation;
7510 N Atlantic Avenue—P.O.Box 326—Cape Canaveral,FL 32920-0326
Telephone(321)868-1222 —Fax(321)868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Case#10-00140
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondents were provided
notice of hearing before the Code Enforcement Board and were not present at the hearing held
on May 19, 2011;
4. That based on the testimony and evidence presented, Respondents have
violated the City Code, to wit: Section 108.1, Unsafe Structures & Equipment; Section 108.1.3,
Structure Unfit for Human Occupancy; Section 303.1, General; Section 303.4, Structural
Members; Section 303.7, Roofs and Drainage; Section 303.11, Stairways, Decks, Porches and
Balconies; Section 304.1, General; and Section 304.2, Structural Members, of the International
Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code;
5. That said violations exist or existed on the Property within the City of Cape
Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. A fine shall be entered immediately in the amount of two hundred and fifty dollars
($250.00) per day, including all cost authorized by law related to the violation, until the violation
is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents
shall be responsible to provide notice of such violation being corrected to the Code Enforcement
Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of
Compliance;
2. The Clerk of the Code Enforcement Board is hereby directed to record a certified
copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to
section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or
personal property owned by the Respondent, including but not limited to the properties identified
in Exhibit "A," attached hereto and fully incorporated herein as a material part of this Order
pursuant to this reference.
3. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is/are found to exist.
4. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida,this 21st day of November, 2013.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Copies furnished to:
Federal National Mortgage [signature]
City of Cape Canaveral, Case File Mary Russell, Chairperson
Attachment#2
[city seal] Community & Economic Development Department
NOTICE OF COMPLIANCE
June 9,2014
Federal National Mortgage Association
1001 Semmes Avenue
Richmond,VA 23224
CASE NO: 2010-00140
LOCATION OF VIOLATION: 8713 Hibiscus Court,Cape Canaveral, FL 32920
PI: 24-37-14-57-00000.0-0144.00
RESPONDENT(S): Federal National Mortgage Association
Your property was found in compliance on June 6, 2014, by meeting the requirements of the
Notice of Violation.
DESCRIPTION OF VIOLATION:
Sec. 82-221. International Property Maintenance Code adopted(IPMC).
IPMC Section 108,Unsafe Structures and Equipment; 108.1,
IPMC Section 108.1.3, Structure Unfit for Human Occupancy,
IPMC Section 303.1;General,
IPMC Section 303.4,Structural Members,
IPMC Section 303.7; Roofs and Drainage,
IPMC Section 303.11, Stairways,Decks,Porches and Balconies,
IPMC Section 304.1; General,
IPMC Section 304.2,Structural Members.
Thank you for your cooperation in this matter.
If you have any questions,please do not hesitate to contact me at(321) 868-1222.
Sincerely,
[signature]
Duree Alexander, Code Enforcement Officer
C: Barbara Zorn
7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Telephone: (321) 868-1222 • Fax (321) 868-1247
www.cityofcapecanaveral.org • email:info@cityofcapecanaveral.org
Attachment#3
City of Cape Canaveral
Community & Economic Development
8713 Hibiscus Court Lien(3)
CFN 2013270635 OR BK 7029,PAGE 2505
Case No.2010-00140
Federal National Mortgage Association
MONTH DAYS AMT. TOTAL
11/13 10 $250.00 $2,500.00
12/13 31 $250.00 $7,750.00
1/14 31 $250.00 $7,750.00
2/14 28 $250.00 $7,000.00
3/14 31 $250.00 $7,750.00
4/14 30 $250.00 $7,500.00
5/14 31 $250.00 $7,750.00
6/14 6 $250.00 $1,500.00
$49,500.00
Mailing Address:P.O.Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone(321)868-1222 ~ Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
Attachment#4
City of Cape Canaveral
Community & Economic Development
APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION OR
REDUCTION OF A CODE ENFORCEMENT LIEN
Where a certified copy of an Order imposing a penalty or fine, as described in F.S. Ch. 162, has been
recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or
property. once the property has been found in compliance, a request for the satisfaction or release of the lien
may be submitted in writing on the application form provided by the City of Cape Canaveral.
The following procedures apply to any person applying for a satisfaction or release of the Code
Enforcement Board lien.
1. The application must be submitted nt least ten (10) days prior to the next available Cede
Enforcement Board Meeting,on the application provided by the City.
2. A one time application fee of $100.00 must be paid at the time the application is submitted to Staff.
This fee is non-refundable without regard for the fine determination of the request.
3. If the person applying for the satisfaction or release of the Code Enforcement Board Lien is not the
current property owner, a notarized statement allowing the individual(s) to represent the property
must be submitted with the application.
4. Once the completed application has been reviewed and approved, the request will be scheduled tor
the first available Code Enforcement Board Hearing and a Code Enforcement Officer will notify
you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that you or
representative is present at the hearing. Please initial here: [initials]
5. The request will be presented to the Code Enforcement Board and the Board will provide the
applicant with an opportunity to address the Board regarding the Request. The Board shall, by
motion, make a recommendation to the City Council for approval, approval with conditions, or
denial of the application.
6. The Code Enforcement Board Secretary will prepare the recommendation to be submitted for the
next available City Council meeting date, which is usually the following month.
7. The Code Enforcement Board Secretary will contact the applicant with the location, date and time
the next available City Council Meeting. This information is also available on the City of Cape
Canaveral's on line calendar at www.cityofcapecanaveral.org. It is strongly recommended that you
be present at this hearing to represent your request for the satisfaction or release of the lien.
8. The City Council may approve, approve with conditions, or deny the application to satisfy or
release the lien.
9. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City
Council. Failure of the violator to comply will result in the automatic denial of the application for
satisfaction or release of the lien.
10. If the application is denied for any reason; the violator/application shall not be allowed to apply for
a subsequent satisfaction or release of the lien for a period of one (1) year. During that period the
lien may only be satisfied and released upon fall payment or the fine or penalty imposed.
Signature of Applicant: [initials] Date: 10/30/14
Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral,FL 32920-0326
Telephone(321)868-1222~Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
City of Cape Canaveral
Community & Economic Development Department
[city seal]
CITY OF CAPE CANAVERAL
APPLICATION FOR SATISFACTION OR RELEASE
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE # 2010-00140 APPLICATION FEE: $ 100.00
APPLICANT: Federal National Mortgage Association DATE: 10/30/2014
ADDRESS: c/o Albertelli Law 55404 Cypress Center Drive Suite 300
CITY: Tampa STATE: FL ZIP: 33609
EMAIL: jholley@albertellilaw.com PHONE: 813-221-4743 ext 1260
NATURE OF VIOLATION(S): See attached copies of recorded liens.
ADDRESS OF SUBJECT PROPERTY: 8713 Hibiscuc Court, Cape Canaveral, FL 32920
PARCEL ID: 24-37-14-57-00000.0-0114.00
DATE FINE/LIEN FILED: See Attached AMOUNT (Total): See Attached
COMPLIANCE DATE: See Attached RELIEF REQUESTED: X SATISFACTION / X REDUCTION
IF REDUCTION THE APPLICANT PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED:
(if more space is needed add more pages) See Attached
THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO
COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED:
(if more space is needed add more pages) See Attached
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
REDUCTION OR SATISFACTION OF PENALTY OR FINE
(if more space is needed add more pages) See Attached
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 ~ Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
[signature] 10/30/14
APPLICANT'S SIGNATURE DATE
STATE OF FL
COUNTY OF Pinellas
BEFORE ME the undersigned authority did personally appear Amber Kourofsky
who provided Personally Known as identification, and who after being placed under
oath, swore or affirmed the information contained within this application is true and correct.
[Notary public seal of Nancy Thomas; expires August 9th, 2016]
APPLICATION RECEIVED BY CITY ON
COMPLIANCE CONFIRMED ON
CODE ENFORCEMENT BOARD CONSIDERED REQUEST ON
CODE ENFORCEMENT RECOMMENDATION ATTACHED: [] YES [] NO
ACTION OF CITY COUNCIL: [] APPROVE; [] DENY; [] APPROVE WITH THE FOLLOWING CONDITIONS:
DATE OF COUNCIL ACTION:
CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION,
TO WIT: ON OR BEFORE
Mailing Address: P.O. Box 326 Physical Address: 100 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 ~ Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
City of Cape Canaveral
Application for Satisfaction or Release of Code Enforcement Lien
Attachment
We represent Fannie Mae with respect to the code enforcement liens on this property. Upon review of the file
it does not appear that Fannie Mae is liable for the liens recorded on 5/31/2011 (Bk 6392 Pg 2276 in the
amount of$57,250.00) and 12/27/2012 (Bk 6765 Pg 2513 in the amount of$86,000.00). Under Florida law
(FL Stat. §48.23(1)(B)),once a Lis Pendens is recorded it serves as a bar against any unrecorded interests at the
time of recording the LP. Thus,the foreclosure action wipes out any liens recorded after the LP was recorded
and before the post-judgment Certificate of Title is issued. Here, the LP was recorded on 6/20/2008. The
Code Enforcement Liens were recorded on 5/31/2011 and 12/27/2012. The Certificate of Title to Fannie
Mae was recorded on 8/22/2013. We are requesting an order releaing the liens recorded on 5/31/2011 and
12/27/2012 because those liens were extinguished by the foreclosure under the LP statute.
There is an additional lien recorded on 12/12/13 (Bk 7029 Pg 2505 in the amount of$49,500.00) that we ask
for a lien reduction. FNMAE took title to the property on 8/22/2013. The property was brought into
compliance on 6/6/2014. It is in the best interest of all parties to reduce this lien so this property can proceed
to sale.
Enclosed please find copies of the liens, certificate of title, final judgment of foreclosure,us pendens and the
lien payoff provided by your office.
Attachment #5
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
Memo
TO: David Greene, City Manager
VIA: Todd Morley, Community and Economic Development Director
FROM: Susan Juliano, Code Enforcement Board Secretary
DATE: November 21, 2014
RE: Code Enfrocement Board Recommendation to the City Council for the Satisfaction or Reduction of Lien,
8713 Hibiscus Court, Case # 2010-00140
At the November 20, 2014, Code Enforcement Board Meeting, the Board considered a request for
satisfaction or reduction of a Code Enforcement Board Lien in the amount of forty six thousand, five
hundred dollars ($46,500.00)
Attorney, Amber Kouofsky, represented Fannie Mae at the hearing and stated that Fannie Mae recorded
a Certificate of Title to the property on August 22, 2013, and bought the property into compliance on
June 6, 2014. She stated that the property was for sale and that reduction or satisfaction of the Code
Enforcement lien was in the best interest of all parties so that the property could be sold.
Staff requested the Code Enforcement Board recommend to City Council to reduce the outstanding lien
to thirty six thousand dollars ($36,000.00).
Upon consideration of the evidence presented at the hearing, the Board unanimously recommended that
City Council reduce the outstanding lien to thirty six thousand dollars ($36,000.00).
Attachment#6
Staff Detailed Costs Report
8713 Hibiscus Court, Cape Canaveral
Case No. 2010-00140
DATE ENFORCEMENT DESCRIPTION AMT. TIME COST
9/15/10 Received written complaint-researched property 1 hr $33.85
ownership Brevard County; Clerk of Court;
Address Files
10/6/10 Site Inspection-Accessed roof and took photos of 1 hr 33.85
condition of roof.
Fuel costs 2.15
10/18/10 Prepared Notice of Violation-Roof damage 1 hr 33.85
10/20/10 Mailed Notice Certified 1 hr 33.85
Certified Mail Costs$5.44+Fuel$2.15 7.59
11/10/10 Notice of Violation returned unclaimed. .5hr 16.93
12/28/10 Prepared Affidavit of Posting-Posted property and 1 hr 33.85
City Hall as required by F.S.
Fuel costs 2.15
2/18/11 Prepared Order to Appear Mailed Certified 1 hr 33.85
Certified Mail Costs$5.44+Fuel$2.15 7.59
3/7/11 Researched property ownership-Property owner 2 hr 67.70
deceased in 11-27-07-Follow up site inspection
Fuel costs 2.15
3/8/11 Contacted Attorney of record-requested copy of 1.5 hr 50.77
Notice of Violation be emailed to her and she
would forward to Bank property in foreclosure
4/4/11 Adjoining property owner contacted staff regarding .5 hr 16.93
concerns with roof and interior of unit
4/5/11 Site inspection to view roof concerns&photos 1.5 hr 50.77
Emailed pictures to adjoining property owner
Fuel Costs 2.15
4/10/11 Adjoining property owner contacted staff regarding 1.5 hr 50.77
an inspection of 8713 Hibiscus Ct. for mold by
bank representative provided contact information-
Staff contacted Mr. Scent
4/11/11 Adjoining property owner came into the office to .5 hr 16.93
discuss concerns
4/28/11 Contacted by adjoining property owner to discuss .5 hr 16.93
ongoing issues with the adjoining roofs
5/2/11 Prepared Order to Appear-Posted Property&City 1.5 hr 50.77
Hall-Mail Certified
Fuel Costs&Certified Mail 7.59
5/14/11 Adjoining property owner stopped by to speak with .5 hr 16.93
staff for update
5/17/11 Prepared power point presentation; researched& 1 hr 33.85
verified ownership
5/19/11 Code Enforcement Board Hearing-Time for 1 hr 261.25
Officer Alexander @ 33.85 Building Official
@ 49.70 -Board Secretary, @ 28.40-Attorney
@150.00.(1 hr for all)
5/20/11 Secretary prepare Code Board Order for mailing 1 hr 28.40
Fuel costs&certified mailing 7.59
1
Staff Detailed Costs Report
8713 Hibiscus Court, Cape Canaveral
Case No. 2010-00140
5/31/11 Board Secretary-Clerk of Court Filing Fees-3 1 hr 28.40
pages($10.00 Pt page&$8.50 each additional
page) 27.00
6/7/11 Adjoining property owner stopped by to discuss .5 hr 16.93
roof repairs and additional concerns
6/7/11 Posted Board Order&City Hall as required by F. S. 1 hr. 33.85
Fuel Costs 2.15
3/27/12 Follow up site inspection-Photos 1 hr 33.85
Fuel Costs 2.15
6/6/12 Researched property ownership Brevard County 1 hr 33.85
Clerk of Court
8/1/12 Received information regarding possible sale 1 hr 33.85
researched Clerk of Court contacted Attorney's
office
9/12/12 Site visit to property with Building Official-CE @ 2 hr 167.10
$33.85 &B.O. @$49.70-Posted Property Unsafe.
Fuel Costs 2.15
9/12/12 Researched ownership-Contacted Brevard County 1.5 hr 50.77
Clerk of Court for Corporate Assignment of
Mortgage
9/13/12 Revised Notice of Violation to include Sun Trust 1 hr 33.85
Bank and additional Code Violations and Unsafe
Posting-Mailed certified x 3 @$5.54 16.62
Fuel Costs 2.15
9/17/12 Poste Property with revised Notice of Violation& 1 hr 33.85
City Hall as required by F. S.
10/5/12 Reported violations on the Vacant Registry site .5 hr 16.93
10/9/12 Staff contacted by Safeguard Properties regarding 1 hr 33.85
NOV
10/10/12 Sent Safeguard detailed email regarding current .1 hr 33.85
conditions of property to include scanned
documents
11/8/12 Adjoining property owner contacted staff regarding .5 hr 16.93
possible mold in his unit from next door having
mold test done will provide to staff
11/14/12 Adjoining property owner's Attorney contacted 1.5 hr 50.77
staff-met with her regarding violations
11/26/12 Prepared Order to Appear Mailed Certified and 2 hr 60.70
Posted Property&City Hall
12/10/12 Prepare Power Point Presentation 1 hr 33.85
12/11/12 Code Enforcement Board Hearing-Time for 1 hr 261.95
Officer Alexander @ 33.85 Building Official
@ 49.70-Board Secretary, @ 28.40-Attorney
@ 150.00. (1 hr for all)
12/12/12 Secretary prepare Code Board Order for mailing& 2 hr 56.80
filing 7.59
Fuel costs&certified mailing
Board Order Recording Fees-with Clerk of Court 18.50
1/2/13 Adjoining property owner called for update .5 hr 16.93
1/3/13 Contacted Safeguard Properties; emailed Revised 1 hr 33.85
2
Staff Detailed Costs Report
8713 Hibiscus Court, Cape Canaveral
Case No. 2010-00140
Notice of Violation;Unsafe Posting;Board Order;
Photos of interior
2/13/13 Contacted Safeguard for update on expected date of .5 hr 16.93
compliance
2/16/13 Received telephone call from Safeguard regarding 1 hr 33.85
A&R Property Preservation Services,LLC will
inspect unit.Reviewed violations with them and
compliance requirements.
3/14/13 Adjoining property owner contacted staff to inform .5 hr 16.93
that roof had been replaced by Safeguard Properties.
3/14/13 Contacted Safeguard regarding previous telephone 1 hr 33.85
call; Nikolas Ladon emailed me back regarding
Contractors response
3/15/13 Sent detailed email to Safeguard regarding 1 hr 33.85
contractor working without permit
5/10/13 Adjoining property owner stopped by for update .5 hr 16.93
5/10/13 Emailed Niklolas Ladon @ Safeguard requesting .5 hr 16.93
they take action to abate the Unsafe conditions at
this property
5/10/13 Safeguard responded regarding inspections and bids .5 hr 16.93
to resolve violations
5/31/13 Called Safeguard and spoke with Mike explained .5 hr 16.93
issues and asked why nothing was being done to
correct the violations; Will contact Sun Trust and
provide City's contact information
6/3/13 Called Safeguard spoke with Nikolas provided new .5 hr 16.93
contact Natasha King Property Preservation Team
Lead left message
6/19/13 Called Natasha King again left message 1 hr 33.85
Called adjoining property owner with update
6/20/13 Met with Building Official regarding current 1 hr 83.55
conditions of property and reviewed case files.
Approved request to contact City Attorney to
research property for possible foreclosure action to
obtain compliance.
6/20/13 Contacted City Attorney regarding case-emailed 1 hr 33.85
documentation on case
7/9/13 Correspondence with City Attorney regarding 1 hr 33.85
current foreclosure.
7/10/13 Contacted adjoining property owner and updated .5 hr 16.93
him on current status of case.
7/30/13 Fanny Mae representative contacted staff to inform .1 hr 33.85
they are taking title to the property and provided a
contact - research
9/9/13 Researched property ownership—still showing .5 hr 16.93
Eleanor Nelson
9/26/13 Researched property ownership—Reflects Federal .5 hr 16.93
National Mortgage Association
9/26/13 Prepared Notice of Violation to be sent to Fannie 1 hr 16.93
Mae.
3
Staff Detailed Costs Report
8713 Hibiscus Court, Cape Canaveral
Case No. 2010-00140
Certified Mailings&Fuel Costs 7.69
9/26/13 Barbara Zorn contacted staff regarding the property .5 hr 16.93
and staff informed her of the current code case
10/14/13 Adjoining property owner called and complained 1 hr 33.85
about Raccoons living in attic; Report to Barbara
Zorn's office(now representing Fed.Nat.Mort.)
10/21/13 Adjoining property owner called staff again 1 hr 33.85
regarding nothing being done about Raccoons
Called Barbara Zorn's office and left message
10/29/13 Prepared Order to Appear for new property owner 1 hr 33,85
Federal National Mortgage
Mail Certified &Fuel Costs 7.69
11/19/13 Real Estate representative called staff and Daniel .5 hr 16.93
Consuey Esq.would be presenting Federal
National Mortgage and Betty Hanson would be
present at hearing;provided contact information
11/20/13 Prepare Power Point Presentation 1 hr 33.85
11/21/13 Code Enforcement Board Hearing-Time for 261.95
Officer Alexander @33.85 -Building Official
@ 49.70 - Board Secretary, @28.40 - Attorney
@150.00. (1 hr for all)
11/21/13 Secretary prepare Code Board Order for mailing & 1 hr 56.80
filing
Fuel costs&certified mailing 13.27
Board Order Recording Fees—with Clerk of Court 18.50
11/25/13 Discussed lien and Florida Statute regarding filing 1 .hr 33.85
the lien against all properties owned by bank
11/26/13 Adjoining property owner called and informed staff .5 hr 16.93
that an inspector had been out to the property and
told him that there was 6-8 inches of water standing
on roof; expressed concerns
11/26/13 Spoke with Building Official requested he inspect 1 hr 33.85
for safety issues.
Building Official&Fuel Costs 50.05
1/2/14 Adjoining property owner contact staff concerned .5 hr 16.93
nothing is being done explained procedure and that
staff is doing everything possible to bring the
property into compliance
1/13/14 Contacted adjoining property owner provided .5 hr 16.93
update
1/15/14 Email from City Attorney regarding inquiries 1 hr 33.85
regarding super lien—review and responded
2/21/14 Email from Barbara Zorn's office regarding Fannie .5 hr 16.93
Mae assigned them as the representative of the
property to acquire bids and oversee all work-
responded
2/24/14 Email from Barbara Zorn's office regarding 1 hr 33.85
selection of contractors—permitting requirements
for interior and roof—responded
4
Staff Detailed Costs Report
8713 Hibiscus Court, Cape Canaveral
Case No. 2010-00140
Prepared letter to Barbara Zorn's office emailed
3/25/14 Building Official for review—B.O @ CE 1 hr 83.55
3/26/14 Building Official emailed reviewed letter back to 1 hr 83.55
staff for review
4/9/14 Mailed correspondence to Barbara Zorn's office and 1 hr 33.85
Fannie Mae's Attorney
Certified Mail and Fuel 15.31
4/28/14 Received email for Building Official permit had .5 hr 29.00
been obtained by contractor—CE+B.O.
management overview @ $12.07
4/28/14 Brevard County Clerk of Court Fees for partial 163.00
release of the Fannie Mae Lien
6/6/14 Property found in compliance letter issued 1 hr 33.85
Fuel 2.15
7/18/14 Payoff letter prepared and email to Barbara Zorn's 1 hr 33.85
office
11/20/14 Code Enforcement Board Hearing-Time for 1 hr 286.95
Officer Alexander @33.85 -Building Official
@ 49.70-Board Secretary,@28.40-Attorney
@175.00. (1 hr for all)
Miscellaneous costs—lien requests; 16hrs 541.60
correspondence;telephone requests regarding
property and current lien—preparation of staff costs
Additional Attorney time spent on matter not 5hrs 800.00
inclusive of any meetings @$160.00(fee prior too
October 1, 2014)
Total 5,575.66
5
Attachment#7
BCPAO-Property Details Page 1 of 2
Dana Blickley, CFA
Property Appraiser [Brevard County Property Appraiser seal] Property
Brevard County, FL Details
General Parcel Information
Parcel ID: 24-37-14-57-00000.0-0144.00 MIliage Code: 26G0 Exemption: Use Code: 135
Site Address: 8713 HIBISCUS CT , CAPE CANAVERAL 32920 Tax ID: 2430273
Site Address is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
Owner Information Abbreviated Description
FEDERAL NATIONAL MORTGAGE Plat Sub Name:
Owner Name: ASSOC Book/Page: OCEAN LOT
0025/0087 WOODS 144
STAGE 5
Second Name:
Mailing Address: 1001 SEMMES AVE
City,State,Zipcode: RICHMOND, VA 23224
Value Summary Land Information
Roll Year: 2012 2013 2014 Acres: 0.03
Market Value Total: 1 $89,570 $102,670 $108,230 Site Code: 1
Agricultural Market Value: $0 $0 $0
Assessed Value Non-School: $89,570, $98,520,$108,230
Assessed Value School: $89,570 $102,670 $108,230
Homestead Exemption: 2 $0, $0 $0,
Additional Hopestead :2, $0 $0 $0
Other Exemptions: 2 Exemptions: 2 $0 $0 $0
Taxable Value Non-School:3 $89,570 $98,520 $108,2301
Taxable Value School:3,09,570 $102,670,$108,2301
1:Market value is established for ad valorem purposes in accordance with 5.193.011(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.
Sale Information
Official Records Sale Deed Sale Sale Physical
Sale Date Amount Type Screening Screening Change Vacant/Improved
Book/Page Code Source Code
6954/1295 8/20/2013 $100 CT 11 I
2264/0468 11/1/1980 $56,800
2049/0198 5/1/1979 $47,600
Sale screening and sale screening source codes are for assessment purposes only andhave'no bearing on potential
marketability of the property.
Building Information
PDC Use Year Story Frame Exterior Interior Roof Roof Floors Ceiling
# Code Built Height Code Code Code Type Material Code Code
1 135 1979 8 03 03 01 01 03 01 01
Building Area Information
[incomplete web address] 12/1/2014
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/18/2014
Item No. 3
Subject: Appoint Mayor Randels as the Voting Delegate to the Space Coast
Transportation Planning Organization (TPO) Governing Board, representing the North
Beaches Coalition of Cape Canaveral and Cocoa Beach; reappoint Jeff Ratliff as the
Voting Delegate to the Technical Advisory Committee (TAC) with Lonnie Dunn as the
Alternate; and reappoint John Price as the Citizen Advisory Committee (CAC)
representative.
Department: Legislative
Summary: The Space Coast Transportation Planning Organization (TPO) is a
metropolitan planning organization established under Sec. 339.175, Florida Statutes,
to coordinate transportation planning and finance throughout Brevard County. On
February 19, 2013, the City of Cape Canaveral and the City of Cocoa Beach extended
the Interlocal Agreement with respect to Voting Representation on Space Coast
Transportation Planning Organization (see Attachment), through the year 2022. The
Agreement allows each agency to continue sharing a delegate seat on the TPO Board
as the North Beaches Coalition in two-year terms.
Currently, Mayor Rocky Randels serves as the Voting Delegate for the City.
Additionally, Public Works Services Director Jeff Ratliff is serving as the Technical
Advisory Committee (TAC) representative and Planning & Zoning Board Chairperson
John Price is the City's representative on the Citizen Advisory Committee (CAC). Both
individuals are available for reappointment to serve in 2015. Additionally, Staff
recommends appointing Lonnie Dunn as the Alternate to the TAC.
At its Regular City Commission Meeting of December 4, 2014, the City of Cocoa Beach
Commission appointed Commissioner Skip Williams as Alternate Voting Delegate to
the TPO Governing Board for 2015. Their two-year term to hold the voting Delegate
seat starts Jan 2016. The City of Cape Canaveral will have the opportunity to appoint
an Alternate Voting Delegate.
Submitting Department Director: Angela Apperson Date: 12/08/2014
Attachment: Interlocal Agreement
Financial Impact: Staff time to prepare this item.
Reviewed by Finance Director: John DeLeo Date: 12/8/14
City Council Meeting Date: 12/16/14
Item No. 3
Page 2 of 2
The City Manager recommends that City Council take the following actions:
Appoint Mayor Randels as the Voting Delegate to the Space Coast Transportation
Planning Organization (TPO) Governing Board, representing the North Beaches
Coalition of Cape Canaveral and Cocoa Beach; reappoint Jeff Ratliff as the Voting
Delegate to the Technical Advisory Committee (TAC) with Lonnie Dunn as the
Alternate; and reappoint John Price as the Citizen Advisory Committee (CAC)
representative.
Approved by City Manager: David L. Greene Date: 12/8/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
CFN 2013049429,OR BK 6819 PAGE 912,
Recorded 03/072013 at 01:53 PM.Scott Ellis,Clerk of
Courts,Brevard County
#Pgs:7
THIS INSTRUMENT PREPARED BY:
Paul R. Gougelman, III, General Counsel
Space Coast Transportation Planning Organization
2220 Front Street - Suite 204
Melbourne, FL 32901
INTERLOCAL AGREEMENT WITH RESPECT TO
VOTING REPRESENTATION ON
SPACE COAST TRANSPORTATION PLANNING ORGANIZATION
THIS AGREEMENT is made and entered into as of the 19th day of
February, 2013, by and between the CITY OF COCOA BEACH, Florida, a
Florida Municipal Corporation (herein: "Cocoa Beach") , and the
CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation
(herein: "Cape Canaveral") .
WITNESSETH:
WHEREAS, the Space Coast Transportation Planning
Organization, f/k/a the Brevard County Metropolitan Planning
Organization (herein: the "TPO") is a metropolitan planning
organization established under Section 339 . 175, Florida Statutes,
to coordinate transportation planning and finance throughout
Brevard County;
WHEREAS, during the 1990s and the first decade in the 21st
Century, Cocoa Beach was accorded a single voting delegate seat on
the TPO Governing Board;
WHEREAS, it is the desire of Cocoa Beach and Cape Canaveral
to provide a methodology by which the two municipalities may share
the aforesaid single voting delegate seat on the TPO Governing
Board;
WHEREAS, the authority to undertake sharing of a delegate
seat on the .TPO Governing Board is provided in Section
339 . 175 (3) (a) , Florida Statutes (2012) , which states in pertinent
part:
(a) The voting membership of an M.P.O. shall
consist of not fewer than 5 or more than 19
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
1
apportioned members, the exact number to be
determined on an equitable geographic-
population ratio basis by the Governor, based
on an agreement among the affected units of
general-purpose local government as required
by federal rules and regulations. The
Governor, in accordance with 23 U.S.C. s.
134, may also provide for M.P.O. members who
represent municipalities to alternate with
representatives from other municipalities
within the metropolitan planning area that do
not have members on the M.P.O. . . . All
voting members shall be elected officials of
general-purpose governments, except that an
M.P.O. may include, as part of its
apportioned voting members, a member of a
statutorily authorized planning board, an
official of an agency that operates or
administers a major mode of transportation,
or an official of the Florida Space
Authority. . . . ;
WHEREAS, the undersigned parties for the purposes of this
Agreement, and for the purpose of reference by the TPO, have
designated the arrangement provided for herein to be informally
and colloquially referred to as the "North Beaches Coalition";
WHEREAS, this Agreement is entered as an interlocal agreement
pursuant to Section 163 .01, Florida Statutes (2012) , and is also
entered into pursuant to the home rule power of each of the
municipalities as provided in Section 166.021, Florida Statutes,
and Article VIII, Section 2, Florida Constitution of 1968;
WHEREAS, pursuant to this Agreement, the parties have
provided for an arrangement by which the voting delegate on the
TPO Governing Board will be rotated between Cocoa Beach and Cape
Canaveral on a scheduled basis;
WHEREAS, the parties have further agreed to establish an
organized method to provide joint instructions to their single
voting delegate to the TPO;
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
2
WHEREAS, by its language, this Agreement will expire on
December 31, 2022, but may be extended from time to time;
WHEREAS, this Agreement was approved on January 3, 2013, by
the Cocoa Beach City Commission; and
WHEREAS, this Agreement was approved on February 19, 2013, by
the Cape Canaveral City Council;
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, it is agreed by the Parties that:
1. Recitals. Each and all of the recitals above be and the
same are hereby incorporated herein and declared to be true and
correct.
2 . Appointment of Voting Delegate. The single voting
delegate holding the North Beaches Coalition seat on the TPO and
representing the collective interests of Cocoa Beach and Cape
Canaveral is hereby designated by the governing body of each
respective municipality according to the following schedule:
Designating Party Calendar Years for Designation
Cocoa Beach 2013, 2016 & 2017, 2020 & 2021
Cape Canaveral 2014 & 2015, 2018 & 2019, 2022
In the event that any party to this Agreement fails to designate
the actual elected official who serves as North Beaches Coalition
delegate to the TPO at or prior to the commencement of the two-
year term for that voting delegate set forth in the preceding
table, the voting delegate designated for the immediate prior two-
year term will continue as such voting delegate until such time as
said delegate' s successor has been designated.
3 . Powers and Duties of Voting Delegate.
(a) The. person designated as the voting delegate for the
North Beaches Coalition seat on the TPO in accordance with the
terms of the preceding paragraph of this agreement need not
reside within the corporate limits of the designating
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
3
municipality, but must be an elected official of either Cape
Canaveral or Cocoa Beach.
(b) The party municipality that is a party to this
Agreement who has the power to designate a voting
representative during any two-calendar year period also must
designate an alternate voting representative. The person
designated as the alternate voting delegate for the North
Beaches Coalition seat on the TPO in accordance with the terms
of this Agreement need not reside within the corporate limits
of the designating municipality, but must be an elected
official of either Cape Canaveral or Cocoa Beach.
(c) During each two-year term set forth in herein, the
voting delegate and the alternate voting delegate will serve at
the pleasure of the designating municipality, which
municipality has the power to rescind any such designation and
to name any other elected official of one of the two
municipalities as the voting delegate or alternate voting
delegate for the North Beaches Coalition.
4 . Advisory Board.
(a) An advisory board (the "North Beaches Coalition
Advisory Board") consisting of four (4) members will be appointed
to advise, guide, instruct, and direct the voting delegate for the
North Beaches Coalition. Two members of the North Beaches
Coalition Advisory Board must be appointed by the governing body
of each of the municipalities, and at least one such member
appointed by each of the municipalities to serve on the North
Beaches Coalition Advisory Board must be an elected official of
the municipality which he or she represents. Each member of the
North Beaches Coalition Advisory Board serves at the pleasure of
the governing body which appointed such member.
(b) The voting delegate, or alternate voting delegate, as
the case may be, for the North Beaches Coalition seat on the TPO
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
4
designated pursuant to this Agreement must vote in matters before
the TPO in accordance with instructions provided by the North
Beaches Coalition Advisory Board; provided, however, that in those
cases in which the North Beaches Coalition Advisory Board has not
provided express instructions to the voting delegate, or the
alternate voting delegate, as the case may be, the voting delegate
or alternate voting delegate will exercise his or her best
discretion in voting for the best interests of the two
municipalities on matters before the TPO.
(c) The member of the North Beaches Advisory Board who
represents the municipality responsible for designating the North
Beaches Coalition delegate in accordance with section 2 . of this
Agreement will serve as Chairperson of that advisory board. The
position of Chairperson will rotate in accordance with the
schedule established in paragraph 2 . hereof.
(d) The North Beaches Coalition Advisory Board will elect
a Vice-Chairperson from among its members during the month of
December each year. The Vice-Chairperson will serve for one year
or until his or her successor is elected, whichever event occurs
later in time.
(e) The municipality which is responsible for designating
the North Beaches Coalition delegate to the TPO will provide staff
support for all activities incident to the performance of this
Agreement, including preparation of agenda packages, distribution
of agenda packages, advertising of meetings as appropriate to
comply with the Government-in-the-Sunshine Law, preparation of
minutes, and coordination of time and place of meetings of the
North Beaches Coalition Advisory Board. The responsibility for
such staff support will rotate in accordance with the schedule
established in section 2. of this Agreement.
5 . TAC and CAC Members . In the event that the TPO seats
only one Technical Advisory Committee ("TAC") member or one
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
5
Citizens Advisory Committee ("CAC") member to represent both Cocoa
Beach and Cape Canaveral, the party to this Agreement designating
the TPO voting delegate will also have the authority to designate
the sole TAC or CAC member(s) to represent the parties to this
Agreement. In the event that the TPO will permit a TAC or a CAC
member to represent each municipality, the governing body of each
municipality will appoint the TAC and CAC member to represent that
particular individual municipality. To the extent permitted by
law and pursuant to Section 339. 175 (6) , Florida Statutes and Space
Coast TPO bylaws, TAC and CAC members will serve at the pleasure
of the appointing authority.
6 . Expiration. This Agreement will expire on December 31,
2022; provided, that the respective governing bodies of Cape
Canaveral and Cocoa Beach may agree from time to time to extend,
amend, or terminate this Agreement by written instrument. No such
written instrument will be effective until the amendatory
instrument is: approved by the governing bodies of each of the
two municipalities, executed by appropriate officials of each
governing body, and recorded with the Brevard County Clerk of the
Court as provided in Section 163 . 01 (11) , Florida Statutes (2012) .
7 . Interpretation. This Agreement and the terms herein
were negotiated jointly by Cocoa Beach and Cape Canaveral, and the
two municipalities had the full choice of wording thereof.
Consequently, no term, provision, or section hereof will be more
harshly construed against either party hereto as the drafter of
this Agreement.
8 . Effective Date. This Agreement will become effective
upon recordation in the Public Records of Brevard County, Florida,
as maintained by the Brevard County Clerk of Court pursuant to
Section 163 . 01 (11) , Florida Statutes (2012) .
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
6
IN WITNESS WHEREOF, the City of Cape Canaveral, Florida, and
the City of Cocoa Beach, Florida, caused this agreement to be
adopted the day and year set forth below.
CITY OF COCOA BEACH,
FLORIDA, a Florida Municipal
Corporation
By: [signature]
David Netterstrom, its
Mayor
ATTEST: Dated: March 5, 2013
[signature] (CITY SEAL)
Loredana Kalaghchy, MMC,
its City Clerk
CITY OF CAPE CANAVERAL,
FLORIDA, a Florida
Municipal Corporation
By: [signature]
Rocky Randels, its
Mayor
ATTEST: Dated: February 19, 2013
[signature] (CITY SEAL)
Angela Apperson, MMC, its
City Clerk
Brevard TPO/North Beaches Coalition Interlocal Agreement 12/19/12
7
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 4
Subject: Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date, second
reading.
Department: Community and Economic Development
Summary: This item is to consider expanding the list of allowed encroachments within
required setbacks to include air conditioning and pool related components.
The City's current Code of Ordinances includes a list of allowed setback encroachments
within Section 110-538. The list includes such items as:
• Movable awnings may project not over three feet into a required setback.
• Chimneys, fireplaces or pilasters may project not over two feet into a required
setback.
• Fire escapes, stairways and balconies which are unroofed and unenclosed may
project not over five feet into a required rear yard setback or not over three feet
into a side setback and shall not project into a required front setback of a
multiple dwelling, hotel or motel.
• Hoods, canopies or marquees may project not over three feet into a required
setback.
• Fences, walls and hedges shall be permitted in the required setbacks.
• Roof overhangs (eaves) may project not over two feet into a required setback.
• Air conditioner units may project not over five feet into a required rear setback.
• Emergency pad-mounted generators.
• Conveyor systems may be located within setbacks in the M-1 district by special
exception.
The City has revised its list of allowed encroachments several times. In September
2005, the Council approved Ordinance No.15-2005 which allowed emergency pad-
mounted generators (EPMG) to encroach five and one-half feet into any required
setback. The revision also stipulated that in no case shall an EPMG be any closer than
two and one-half feet from a property line, fence or structure. In October 2005, the
Council approved Ordinance No.16-2005 which allowed conveyor systems within M-1
setbacks as a special exception.
Currently, the Code allows air conditioning units to project no more than five feet into a
rear setback. The revision would allow air conditioning units and pool equipment to
project no more than five feet into a required rear or side setback.
Additionally, this proposed ordinance corrects a scrivener's error found in Sec. 110-
538(7) which will read "Open, unenclosed porches, platforms or paved terraces not
covered by a roof or a canopy and which do not extend above the level of the first floor
of the building may extend or project into the required setback."
City Council Meeting Date: 12/16/2014
Item No.
Page 2 of 2
On August 27, 2014, the Planning & Zoning Board requested Staff review the 1983
Zoning Ordinance to determine what encroachments were allowed at that time. Staff
researched sections from the 1975, 1983 and 1990 Zoning Codes related to setback
encroachments. It was determined that the allowed encroachments have remained
fairly constant since 1975.
On October 8, 2014, the Planning & Zoning Board recommended approval of the
proposed Ordinance. Ordinance No. 15-2014 was approved at first reading on
November 18, 2014. The Notice of Public Hearing was advertised in Florida Today on
December 4, 2014.
Submitting Department Director: Todd Morley Date: 12/02/14
Attachment:
Ordinance No. 15-2014
Financial Impact: Staff time and effort to prepare this Agenda Item; costs of advertising
and codification.
Reviewed by Finance Director: John DeLeo Date: 12/3/14
The City Manager recommends that City Counci take the following action:
Adopt Ordinance No. 15-2014, second reading.
Approved by City Manager: David L. Greene Date: 12/4/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 15-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110
ZONING, RELATED TO SETBACK ENCROACHMENTS;
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 Local Government Comprehensive Planning and Land Development Regulation
Act set forth in Chapter 163 of the Florida Statutes provides for the ability of the City of Cape Canaveral
to plan for its future development and growth and provide necessary regulations for same; and
WHEREAS, the City Council finds a need to modify the City Code to permit air conditioner
units and pool equipment components to encroach into side and rear setbacks; and
WHEREAS,the City of Cape Canaveral Planning and Zoning Board reviewed the proposed code
amendment at two duly noticed public hearings held on August 27, 2014, and October 8, 2014,
respectively,and said Board and city staff recommended approval of such amendment; and
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in
the best interest 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 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions 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 IX. SUPPLEMENTARY DISTRICT REGULATIONS
***
DIVISION 5.SETBACKS
***
City of Cape Canaveral
Ordinance No. 15-2014
Page 1 of 3
Sec.110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the sky,
except as follows or as otherwise permitted in this chapter:
(1) Sills or belt courses may project not over 18 inches into a required setback.
(2) Movable awnings may project not over three feet into a required setback.
(3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback.
(4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over
five feet into a required rear setback or not over three feet into a side setback and shall not project
into a required front setback of a multiple dwelling,hotel or motel.
(5) Hoods, canopies or marquees may project not over three feet into a required setback.
(6) Fences, walls and hedges shall be permitted in the required setback, subject to this chapter.
(7) Open, unenclosed porches, platforms or paved terraces not covered by a roof or a canopy and
which do not extend above the level of the first floor of the building may extend or project into
the required setback.
(8) Signs for on-site advertising shall be in conformance with chapter 94 pertaining to signs.
(9) Roof overhangs(eaves)may project not over two feet into a required setback.
(10) Air conditioner units and pool equipment may project not over five feet into a required rear or
side setback.
(11) Emergency pad-mounted generators as provided for in section 110-484.
(12) Conveyor systems may be located within setbacks in the M-1 light industrial and research and
development district by special exception, for purposes of moving aggregate and other materials.
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.
City of Cape Canaveral
Ordinance No. 15-2014
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 16th day of
December,2014.
ROCKY RANDELS, Mayor
ATTEST:
For Against
John Bond
ANGELA APPERSON,City Clerk,MMC Bob Hoog
Buzz Petsos
First Reading: November 18, 2014
Legal Ad published: December 4, 2014 Rocky Randels
Second Reading: December 16, 2014
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 15-2014
Page 3 of 3
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 5
Subject: Ordinance No. 12-2014; amending City Code Chapter 22, Community
Development, related to administrative extensions of Community Appearance Board
Approvals; amending City Code Chapter 110, Zoning, related to administrative
extensions of Site Plan approvals; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an effective
date, first reading.
Department: Community & Economic Development (C&ED)
Summary: This item is a continuation of the initiative started in December 2011, when
the City Council adopted Ordinance No. 13-2011 restructuring the City's development
approval process, certain City advisory boards and provided a Code of Conduct.
Ordinance No. 13-2011 resulted in a more intuitive and streamlined review process by
shortening timeframes and vesting additional approval authority in Staff. The revisions
mirrored recommendations developed by the Economic Development Commission
(EDC) of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an
acronym for Simplified, Nimble, Accelerated, Permitting. During the S.N.A.P.
formulation, the EDC and local governments developed a best practices model for both
building and site permitting to streamline permitting processes throughout Brevard
County.
One of the specific recommendations implemented by Ordinance No. 13-2011 was to
place approval responsibility with the City Manager far extension requests related to site
plan approvals. However, the administrative approval authority is currently limited to a
one-time extension not to exceed six months. The extension can only be approved for
good cause and if there have been no changes in applicable regulations in the interim.
This previously required approval by the Planning & Zoning Board after a noticed public
hearing.
The City Council in January 2014, again, signaled its desire to streamline the
development approval process. With the passage of Ordinance No. 02-2014, the
Council authorized the City Manager to administratively approve extensions for variance
and special exception approvals for a period of up to 12 months. This previously had
required approval by the Board of Adjustment after a noticed public hearing.
Continuing the movement towards streamlining the development approval process and
to safeguard City resources, Ordinance No. 12-2014 (Attachment 1) has been prepared
to authorize the City Manager or designee to:
1. Administratively approve time extensions to Community Appearance Board
approvals. Extensions shall not exceed twelve months each and will remain
subject to previously imposed terms or conditions. Currently, the Community
Appearance Board is responsible for granting extensions after a noticed public
hearing; and
2. Administratively approve a time extension for site plan approvals. As indicated
above, the City Manager currently has the ability to approve a one-time extension
r
City Council Meeting Date: 12/16/2014
Item No. 5
Page 2 of 2
not to exceed six months. However, the current proposal would authorize the
City Manager or designee the ability to approve one or more time extensions of
site plan approval, for good cause shown, provided there have been no changes
to regulations since the date of final site plan approval. Extensions shall remain
subject to previously imposed terms or conditions and shall not exceed twelve
months each.
In summary, the proposed revisions continue the streamlining of the City's approval
process begun with the passage of Ordinance No. 13-2011. The proposed revisions
authorize the City Manager to extend Community Appearance Board approvals and to
extend site plan approvals. Currently, these approvals require action by the Community
Appearance Board and Planning & Zoning Board respectively.
At its August 27, 2014 meeting, the Planning & Zoning Board unanimously
recommended approval of the proposed Ordinance (Attachment 2). On November 19,
2014, the Community Appearance Board unanimously recommended approval of the
proposed Ordinance (Attachment 3).
In a letter dated August 27, 2014 (Attachment 4) the EDC of Florida's Space Coast
voiced their support of the proposed revisions.
Submitting Director: Todd Morley Date: 12/01/2014
Attachments:
#1 — Ordinance No. 12-2014
#2 — Planning & Zoning Board Action Form
#3 — Community Appearance Board Action Form
#4 — EDC of Florida's Space Coast Letter of Support
Financial Impact: Staff/City Attorney time to prepare the amended Ordinance and
Agenda item; cost of advertisements and codification into the City Code of Ordinances.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Councilake the following action:
Approve Ordinance No. 12-2014, first reading.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. 12-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CITY CODE CHAPTER 22, COMMUNITY
DEVELOPMENT, RELATED TO ADMINISTRATIVE
EXTENSIONS OF COMMUNITY APPEARANCE BOARD
APPROVALS; AMENDING CITY CODE CHAPTER 110,
ZONING, RELATED TO ADMINISTRATIVE EXTENSIONS OF
SITE PLAN APPROVALS; 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 City desires to improve the quality and efficiency of its development review
process in an effort to make it less costly and time consuming, and to support economic development in
the City; and
WHEREAS, in order to facilitate these improvements, the City desires to streamline its
development review process by modifying certain development review procedures as set forth herein; and
WHEREAS, the City Council desires to authorize the city manager or designee to grant justified
extensions of community appearance board approvals and additional site plan approvals; and
WHEREAS, the City Council believes that these modifications will expedite the processing of
extension requests and preserve the City`s resources: 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.
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 22, Community Development, and Chapter 110,
Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows
(underlined type indicates additions and s#Fikeettt type indicates deletions, while asterisks (***) indicate a
deletion from this Ordinance of text existing in Chapter 22 or Chapter 110. It is intended that the text in
Chapter 22 or Chapter 110 that is denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance):
City of Cape Canaveral
Ordinance 12-2014
Page 1 of 3
CHAPTER 22. COMMUNITY DEVELOPMENT
***
ARTICLE III. COMMUNITY APPEA • NCE REVIEW
***
Sec.22-43. Notice of approval or denial.
(a) Promptly after the community appearance board has rendered a decision on a particular
application, the board shall prepare and deliver to the applicant thereof a formal written notice which
indicates its decision on the application(approval, approval with conditions, denial). If the application is
approved with conditions, the notice shall contain a statement which clearly indicates the conditions. If
the application is denied, the notice shall contain a statement which indicates the rationale for denial.
(b) Approvals by the board shall be valid for a maximum of 12 months from the date the board
renders its approval at a public meeting. If the applicant fails to obtain a building permit within the 12-
month period, the board's approval shall expire at the end of the period. Upon written request of the
applicant, the city manager or designee may, at his or her sole discretion, grant a request for an additional
12-month period only if justifiable cause is demonstrated. Any extension granted by the city manager or
designee shall remain subject to all terms and conditions imposed as part of the board's original approval.
Notwithstanding the aforesaid, once a building permit is issued, the board approval shall be
valid for a time period equal to the permit and shall expire only if the building permit expires.
CHAPTER 110
***
ARTICLE VI. SITE PLANS
***
Sec.110-224. Expiration.
All site plans approved under this article shall expire 12 months after the date of final approval
unless the building permit for construction of the principal structure is issued. Upon written request, the
city manager or designee may authorize one or more extensions of time for additional periods not
exceeding twelve (12) months each, provided that the applicant demonstrates justifiable cause for the
extension and there have been no changes in any applicable city regulations since the date of final site
plan approval. Any such extension authorized by the city manager or designee shall remain subject to the
terms and conditions imposed as part of the final site plan approval.
City of Cape Canaveral
Ordinance 12-2014
Page 2 of 3
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
, 2014.
ROCKY RANDELS,Mayor
For Against
ATTEST: John Bond
Bob Hoog
ANGELA APPERSON,City Clerk,MMC Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance 12-2014
Page 3 of 3
Attachment 2
PLANNING & ZONING BOARD
BOARD ACTION FORM
P&Z Request No. 5
Date Request to be considered by the Board: 8-27-14
BOARD ACTION TAKEN:
X Approved as Submitted and Presented
Approved with the following condition(s):
Recommend to City Council Re: Ordinance to
amend City Code Chapter 22 and Chapter 110
related t administrative extensions of Community
Appearance Board and Site Plan Approvals.
Postponed for Additional Information
Deined for the following reason(s):
Note: Reference City Code Sections: 22-43 (b), expiration of Approval; 22-45, Appeal of the
Board's decision.
[signature]
Signature of Chairperson
John Price
Printed name of Chairperson
Attachment 3
COMMUNITY APPEARANCE BOARD
BOARD DECISION OF REQUEST
C.A.B. Request No. 3 12-2014
Date Request t be considered by the Board: 11/19/2014
BOARD ACTION TAKEN:
X Approved as Submitted and Presented
Approved with the following condition(s):
Recommmendation to City Council Re: Ordinance
12-2014 to amend the Code of Ordinances to
Revise Section 22.43 to provide for Streamlining of
development approvals
Postponed for Additional Information
Denied for the following reason(s):
Note: Reference City Code Sections: 22-43 (b), Expiration of Approval; 22-45, Appeal of the
Board's decision.
[signature]
Signature of Chairperson (Vice)
Rosalie Wolf
Printed name of Chairperson
ECONOMIC DEVELOPMENT COMMISSION
OF FLORIDA'S SPACE COAST
Attachment 4
August 27, 2014
Mr. David Greene
City Manager
City of Cape Canaveral
PO Box 326
Cape Canaveral, FL 32920
Dear Mr. Greene:
RE: Support for Revisions to Ordinance No. 13-201 1
The Economic Development Commission of Florida's Space Coast (EDC) supports the revisions to
Ordinance No. 13-201 I allowing the extension of site plan approvals for 12 months on a recurring
basis.
This revision is consistent with the EDC's Simplified Nimble Accelerated Permitting Program
(S.N.A.P) and its goal of streamlining the permitting process. This alteration will help to make
permitting a smoother more consistent process for the City of Cape Canaveral and further
demonstrate your commitment to creating a business friendly community.
We thank you for your support and participation in the ongoing S.N.A.P. initiatives.
Please let me know if you have any questions.
Sincerely,
Lynda Weatherman
President& CEO
597 Haverty Court,Suite 40
Rockledge,Florida 32955
Phone: (321)638.2000
Toll-Free:(800)535.0203
Fax:(321)633.4200
www.SpaceCoastEDC.org
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 6
Subject: Ordinance No. 01-2015; amending Chapter 102, Vegetation, of the Code of
Ordinances; amending Definitions and Permit Exceptions related to Hazardous Trees;
providing for the repeal of prior inconsistent ordinances and resolutions; incorporation
into the Code; severability; and an effective date, first reading.
Department: Community and Economic Development & Public Works Services
Summary: Section 102-40 of the City Code (Attachment 1) outlines permit criteria,
exemptions and standards of review related to removal of trees. Exemptions can be
accomplished without the application for/payment of permit fees.
On September 16, 2014, City Council authorized the removal of a Specimen Tree at
285 Monroe Ave. It was clarified that this tree removal activity triggered a requirement
for mitigation at a two-for-one ratio. The Applicant indicated that the Tree was causing
damage to their structure and that they would mitigate (Attachment 2). Additionally, the
Applicant requested Staff assistance to further explain the mitigation requirements and
received the following information:
The Specimen Tree measures 36" dbh (diameter at breast height). The City Code offers
the following options:
1. Plant 72 inches of trees (on-site or off-site as approved). For example, 36 trees,
each 2 inches in diameter; or 24 trees, each 3 inches in diameter, and so on.
2. Submit a payment to the "Tree Bank" in accordance with Sec. 102-54, Table 1.
Note: for trees greater than 24" dbh, refer to the Schedule of Fees in Appendix B
($50 per inch).
3. A combination of the two.
This case highlighted two shortcomings of the current process for tree removal:
• By requiring mitigation for all protected trees removed, the Code does not
consider that a protected tree may present an imminent threat to persons or
property (i.e. hazardous). The mitigation requirement can be viewed as
burdensome, especially in the case where a property owner would not otherwise
wish to remove the protected tree, but must do so in order to address an
imminent threat to persons or property.
• The removal of a Hazardous Tree may be time-sensitive.
With input from the City Arborist, it has been determined:
1. A tree which is declared Hazardous by the City Arborist should be included in the list
of permit exceptions [Sec. 102-40(b)]. This Section exempts several categories of
trees, including dead, damaged and invasive trees.
2. A remedy should not be reliant upon potentially lengthy procedures.
3. If a Specimen Tree is found to be Hazardous, it should not require City Council
approval to remove.
City Council Meeting Date: 12/16/14
Item No. 6
Page 2 of 2
The attached Ordinance (Attachment 3) revises the current Code by including a
definition of Hazardous Tree; exempting such trees from the definition of Specimen
Tree; and expands the list of exempted trees to include Hazardous Trees.
Submitting Department Directors: Todd Morley & Jeff Ratliff Date: 12/08/14
Attachment:
#1 — Section 102-40 of the City Code of Ordinances.
#2 — Photo of tree at 285 Monroe Avenue.
#3 — Ordinance No. 01-2015.
Financial Impact: Staff time and effort to prepare this Agenda Item; costs of advertising
and codification.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 01-2015, first reading.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Cape Canaveral, FL Code of Ordinances Page 1 of 3
Attachment 1
Sec. 102-40. - Permit criteria; exemptions; standards of review.
(a) 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 subsection (c), issue a
land clearing permit under any one of the following conditions:
(1) For building and construction sites, as shown on city-approved site plans, provided trees and
landscaping are installed on the property in accordance with section 102-43 of this division.
(2) The trunk of the tree is located closer than five feet to the foundation of an existing or
proposed structure, and it is not feasible to relocate the structure, provided trees and
landscaping are installed on the property in accordance with section 102-43 of this division.
(3) The trunk of the tree is located closer than ten feet from the foundation of an existing or
proposed structure and the tree is considered having an aggressive root system or the natural
mature height is greater than 30 feet and it is not feasible to relocate the structure, provided
trees and landscaping are installed on the property in accordance with section 102-43 of this
division.
(4) Trees severely diseased, severely injured or dead.
(5) Trees that interfere with the construction or repair of public infrastructure and facilities.
(6) Undesirable trees, per section 102-53 of this division.
(7) Trees that have been approved for removal by the 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:
(1) 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.
(2) All trees and plants,within a licensed tree nursery, planted for harvest provided said trees and
plants are planted and growing on the premises of the licensee and are for sale or intended
for sale in their ordinary course of business.
(3) 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. Prior to any
emergency removal, the property owner shall be required to document the immediate threat
requiring emergency removal with the following:
a. Photograph(s) of the tree(s), including any areas that may be damaged, diseased or
infested;
b. Approximate measurements of the tree height, spread, and DBH; and
c. Distance to structure(s) or other immovable, threatened target(s) if felled.
(4) Land clearing and tree removal activities authorized and preempted by state or federal law.
(5)
about:blank 12/8/2014
Cape Canaveral, FL Code of Ordinances Page 2 of 3
Trees planted specifically for silvicultural purposes provided the property owner can provide
documentation to the city evidencing that: (i)the property 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.
(6) The removal of any plant or tree that is an invasive or undesirable species as set forth in
section 102-53
(7) The removal of vegetation that has been ordered by the city.
(8) Land clearing and tree removal on parcels containing an existing residential single-family
dwelling unit or duplex or triplex that have been issued a certificate of occupancy.These
parcels shall remain subject to the provisions of sections 102-41 and102-45
(9) Any parcel subject to a city development order authorizing the construction of a new
residential single-family dwelling unit, duplex or triplex, or subdivision with three or less
single-family dwelling units. These parcels shall remain subject to the provisions of sections
102-41 and 102-45
(10) Land clearing and tree removal on undeveloped parcels in the R-1, R-2 and R-3 zoning
districts that are less than 10,000 square feet. These parcels shall remain subject to the
provisions of sections 102-41 and 102-45
(c) Permitted standards of review.When making decisions under this division,the city shall be guided
by the following standard of review guidelines:
(1) 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 rights-of-way.
(2) 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 nonoccupied structures that are typically caused by settling and small roots
shall not be considered a safety hazard.
(3) Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury or
trees with severe structural defects that pose a clear and obvious safety hazard to people,
buildings or other improvements on lot or parcel of land.
(4) The extent to which tree removal is likely to result in damage to the property of other owners,
public or private, including damage to lakes, ponds, streams, or rivers through runoff or
erosion.
(5) Any proposed landscaping including plans whereby the applicant has planted or will plant
trees to replace those that are proposed to be cleared.
(6) Topography of the land and the effect of tree removal on erosion, soil retention and the
diversion or increased flow of surface water.
(7) Good forestry practices, such as the number of healthy trees that a given parcel of land will
reasonably support and the proven techniques that sustain healthy trees.
(8) Necessity to remove trees in order to construct approved and permitted improvements to
allow reasonable economic enjoyment of the property, including:
a. Need for access around the proposed structure for construction equipment(maximum of
ten feet).
about:blank 12/8/2014
Cape Canaveral, FL Code ofOrdinances Page 3 of 3
b. Need for access tn the building site for construction equipment.
c. Essential grade changes.
d. Need for locating street or road rights-of-way utilities, drainage ways, as well as the need
to provide reasonable use and property access.
(9) The extent of any damage or demonstrated hardship which would result in the applicant 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 oftrees.
(Ord. No. 05-2005 § 2, 4-19-05; Ord No. 12-2009 § 2, 1-5-10)
about:blank 12/8/2014
[two pictures; one showing the proximity of the base of the tree to the structure, and the other showing a portion of the tree over the structure]
Attachment 3
ORDINANCE NO. 01-2015
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE
CODE OF ORDINANCES; AMENDING DEFINITIONS AND
PERMIT EXCEPTIONS RELATED TO HAZARDOUS TREES;
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;
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, the City Council desires to continue to protect trees, but to define and create an
exception for healthy trees that pose an imminent safety hazard to citizens and/or property; 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.
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. Amendment to Chapter 102, Article II. Chapter 102, Article II, Tree Protection, 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, Article II. It is intended that the text in Chapter 102, Article II
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
* * *
City of Cape Canaveral
Ordinance No. 01-2015
Page 1 of 3
Article II. 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:
* * *
Hazardous tree means a tree existing on a developed parcel of land, where such parcel is not a
redevelopment site, that is not dead or diseased, but due to its shape, location or growth pattern, which
cannot be corrected by pruning, may cause or reasonably be expected to cause imminent damage to
persons or property and/or presents an imminent potential threat to the health, safety, and welfare of the
general public,as determined by the city arborist.
* * *
Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees
shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally unsound and
cannot recover from pruning.
* * *
Sec. 102-40.- Permit criteria; exemptions; standards of review.
* * *
(b) Permit exceptions. The following tree removal activities are exempt from the permit
requirements of this division:
* * *
(3) The emergency removal of a dead, hazardous or seriously damaged tree, to mitigate an
imminent threat to the health, safety, and welfare of the property owner or the general public.
Prior to any emergency removal, the property owner shall be required to document the immediate
threat requiring emergency removal with the following:
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances
and resolutions adopted by the City council,or parts of ordinances and resolutions in conflict herewith are
hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into
the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading
City of Cape Canaveral
Ordinance No. 01-2015
Page 2 of 3
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
, 2015.
ROCKY RANDELS,Mayor
For Against
ATTEST: John Bond
Bob Hoog
ANGELA APPERSON,City Clerk,MMC Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 01-2015
Page 3 of 3
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 7
Subject: Ordinance No. 02-2015; amending Chapter 22, Community Development, of
the Code of Ordinances; amending the duties of the Business and Economic
Development Board; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code, severability; and an effective date, first
reading.
Department: Administrative Services
Summary: When the Business and Economic Development Board (the Board) was
created, it was given responsibilities which, among many other, include making
recommendations regarding City Land Development and Zoning Codes and Plans such
as:
• Make recommendations to the City related to the implementation of the
Redevelopment Plan, the Community Visioning and the Economic
Development Action Plan.
• Undertake Code revisions that remove barriers to development for desired
businesses, creation of development incentives such as a community
redevelopment agency and brownfields redevelopment program, creation of
mixed use land use and zoning districts and revisions to current zoning districts
for desired types of development.
The City submitted the Board Members names to the Florida Commission on Ethics,
as we believed the Members were required to file a Financial Disclosure form (Form 1).
Shirley Taylor, the Program Administrator, advised Board Members need not file based
upon the Ordinance's use of the words "making recommendations".
City Attorney Anthony Garganese advises, given the scope and duties of the Board and
the manner in which the Board could possibly make recommendations directly to the
City Council and Staff on planning and zoning matters, it is uncertain whether the Board
would be required to file a Financial Disclosure form (Form 1) or whether it falls within
the filing exception of a citizen advisory committee.
To clarify the matter, Ordinance No. 02-2015 (Attachment 1) was created to revise the
duties of the Business and Economic Development Board to ensure they are
considered a citizen advisory committee and not required to file a Financial Disclosure.
The Board Members were notified of the proposed changes in duties via Attachment 2.
Submitting Department Directors: Angela Apperson Date: 12/8/14
Todd Morley Date: 12/8/14
Attachments:
#1 — Ordinance No. 02-2015
#2 — Memo regarding Board Duties
City Council Meeting Date: 12/16/2014
Item No. 7
Page 2 of 2
Financial Impact: Staff/Attorney time to prepare Agenda item, cost to advertise and
codify the Ordinance.
Reviewed by Finance Director: John DeLeo Date: 12/9/14
The City Manager recommends that City Council take the following ation:
Adopt Ordinance No. 02-2015, on first reading.
Approved by City Manager: David L. Greene Date: 12/9/13
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. 02-2015
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 22, COMMUNITY
DEVELOPMENT, OF THE CODE OF ORDINANCES;
AMENDING THE DUTIES OF THE BUSINESS AND
ECONOMIC DEVELOPMENT BOARD; 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;
WHEREAS, the City Council desires to modify and update the scope of duties
expressly assigned to the Business and Economic Development Board pursuant to City Code;
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.
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. Amendment to Chapter 22, Article II. Chapter 22, Article II, Community
Development, 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 22, Article II. It is
intended that the text in Chapter 22, Article II denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 22 Community Development
Article II. Business and Economic Development Board
* * *
Sec. 22-33. - Purpose and duties.
The business and economic development board shall serve as a citizen advisory committee
and have the purposes and duties to:
City of Cape Canaveral
Ordinance No. 02-2015
Page 1 of 4
(1) Provide recommendations to the city related to the implementation of economic
and business development policies established by city.
(2) Confer with and advise the city on all matters concerning the development of
commerce. The board shall encourage high value business investment and job
creation in the city and advise the city on actions to undertake in accomplishing
this goal. Actions may include identifying barriers
to economic development for desired businesses and creation of economic
incentives
(3) As may be requested, act as liaison for the city in the area of public relations
with the following:
a. Cocoa Beach Regional Chamber of Commerce.
b. Canaveral Port Authority.
c. Economic Development Commission of Florida's Space Coast.
d. Other similar organizations or agencies which, in the opinion of the
business and economic development board, would be appropriate for
such liaison.
(4) Determine from existing commercial enterprises in the city and interested
outside entities contemplating locating in the city the appropriate and necessary
action the city should take to enhance and encourage the further development
of the city's commerce and coordinate with and advise pertinent officials and
boards in the city as to the implementation of this action.
(5) Advise the city of the advent of any new commercial activity, i.e., new
businesses, significant change in existing businesses, etc., in the city's
commerce in order that timely and appropriate recognition by the city can be
effected.
(6) Cooperate with all community groups, which are dedicated to orderly
commercial expansion of the city and furnish them with aid and advice as is
deemed appropriate.
City of Cape Canaveral
Ordinance No. 02-2015
Page 2 of 4
(7) Generally, encourage in any manner the development of business, commerce,
industry and tourism in the city.
(8) Investigate sources of financial assistance available to the city from the
governmental or private sector and assist the city in properly applying and
promoting the successful acquisition of the assistance. For the purpose of this
article, financial assistance may be in the form of grants, low interest loans or
physical property, including that of real or personal nature. Activity in the
private sector will be limited to established foundations.
(9) Review and consider the merits of applications for economic development ad
valorem tax exemptions; make recommendations to the city council as to
whether or not to grant the exemption, and if the exemption is granted, the
percentage of the exemption and period of time for the exemption; make
recommendations related to additional incentives, including, but not limited to
development fee waivers and financial contributions.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City council, or parts of ordinances and resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be
incorporated into the City of 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.
[Adoption Page Follows]
City of Cape Canaveral
Ordinance No. 02-2015
Page 3 of 4
ADOPTED by the City council of the City of Cape Canaveral, Florida this day of
, 2015.
ROCKY RANDELS,Mayor
ATTEST:
For Against
John Bond
Bob Hoog
ANGELA APPERSON,City Clerk,MMC Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 02-2015
Page 4 of 4
Attachment 2
110 Polk Avenue,Cape Canaveral, FL 32920 Community and
P.O. Box 326 Economic Development
321-868-1222
321-868-1247
Memo
TO: Business and Economic Development Board Members
FROM: Todd Morley, Community and Economic Development Director
DATE: 12/8/14
RE: Board Duties
The purpose/duties of the Business and Economic Development Board are outlined in
Section 22-33 of the City Code of Ordinances and include, among many others, making
recommendations regarding City Land Development and Zoning Codes and Plans. The City
submitted the Board Members names to the Florida Commission on Ethics,as we believed the
Members were required to file a Financial Disclosure form (Form 1). Shirley Taylor, the
Program Administrator, advised Board Members need not file based upon the Ordinance's use
of the words "making recommendations".
However, City Attorney Anthony Garganese advises, given the scope/duties of the Board and
the manner in which the Board could possibly make recommendations directly to the City
Council and Staff on planning and zoning matters, it is uncertain whether the Board would be
required to file a Financial Disclosure form (Form 1) or whether it falls within the filing
exception of a citizen advisory committee.
The State has indicated if the City would like to clarify the matter, we must either adopt an
Ordinance requiring Business and Economic Development Board Members file an annual
Form 1 or amend the duties of the Board to clearly state Members serve as a Citizen Advisory
Committee.
Being mindful of citizen/business person's privacy and recognizing that Member time is
valuable and could be better spent not completing these forms, City Staff is recommending the
City Council anend the duties of the Board to clarify service as an Advisory Board. A copy of
the proposed Ordinance is attached for your information.
Please contact me with any questions. Thank you.
Attachment
cc: Honorable Mayor and Members of City Council
Anthony GarganeseCity Attorney
Kim Kopp, Assistant City Attorney
David L. Greene,City Manager
Dave Dickey, Planning & Zoning Director
Angela Apperson, Administrative Services Director
PDF processed with CutePDF evaluation edition www.CutePDF.com
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 8
Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast
League of Cities.
Department: Legislative
Summary: Every December, the governing body of each member municipality must
appoint a Voting Delegate/Director and an Alternate to the League. Only the member
municipality's elected officials, city manager, city attorney, city clerk and department
directors are eligible to be a Voting Delegate/Director and an Alternate. The person
appointed as Voting Delegate serves as both the member municipality's Voting
Delegate at membership meetings and as its representative to the Board of Directors.
The Voting Delegate and the Director are the same person. The sole function of the
Alternate for the Voting Delegate/Director is to vote in the absence of the Voting
Delegate/Director.
Mayor Pro Tern Hoog is the current Voting Delegate/Director and Council Member Bond
is the Alternate.
Submitting Department Director: Angela Apperson Date: 11/24/14
Attachment: Supporting Documents
Financial Impact: None
Reviewed by Finance Director: John DeLeo Date: 11/24/14
The City Manager recommends that City Council take the following action :
Designate a Voting Delegate/Director and an Alternate.
Approved by City Manager: David L. Greene Date: 12/1/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
11/19/2014 17:56 3216363193 NGLASS PAGE 01/02
868-1224
[illegible] - Angela Apperson
CAPE CANAVERAL INDIALANTIC MELBOURNE BEACH ROCKLEDGE
COCOA INDIAN HARBOUR BEACH MELBOURNE VILLAGE SATELLITE BEACH
COCOA BEACH MALABAR PALM BAY TITUSVILLE
GRANT-VALKANA MELBOURNE PALM SHORES WEST MELBOURNE
TO: All Municipal Clerks
FROM: Nancy Glass
RE: Appointment of League Voting Delegate/Director
Please complete the accompanying-form as soon as your municipality
re-organizes. I will need a copy,for file,even if there is no change.
Thanks
(1 of 2)
11/19/2014 17:56 3216363193 NGLASS PAGE 02/02
SPACE COASTLEAGUE OF
CITIES
CAPE CANAVERAL INDIALANTIC MELBOURNE BEACH ROCKLEDGE
COCOA INDIAN HARBOUR BEACH MELBOURNE VILLAGE SATELLITE BEACH
COCOA BEACH MALABAR PALM BAY TITUSVILLE
GRANT-VALKANA MELBOURNE PALM SHORES WEST MELBOURNE
"CITIES OF BREVARD WORKING TOGETHER"
Appointment of League Voting Delegate/Director
The Bylaws of the Space Coast League of Cities require the following:
* Every December, the governing body of each member municipality must appoint a Voting
Delegate/Director and Alternate to the League.
EIigibility: Only the member municipality's elected officials, manager, attorney, clerk, and
department heads are eligible to be a Voting Delegate/Director and Alternate. Any Voting
Delegate/Director or Alternate who ceases to hold such a position ceases at the same time to be
a Voting Delegate/Director or Alternate.
Functions: The person appointed as Voting Delegate serves as both the member municipality's
Voting Delegate at membership meetings and its representative to the Board of Directors. The
Voting Delegate and the Director are the same person. The sole function of the Alternate for the
Voting Detegate/Director is to vote in the.absence of the Voting Delegate/Director.
* Following the appointment, the names of the Voting Delegate/Director and the Alternate must be
promptly certified in writing to the League Secretary.
* Because the number of votes allocated to member municipalities for membership meetings is
based upon population, each member municipality must also certify its current population figures
when it certifies its Voting Delegate/Director and Alternate.
Accordingly, please provide and certify the information requested below and return this for
promptly to the League Executive Secretary at the address or fax number shown at the bottom
this page.
Municipality Current Population
Voting Delegate/Director
email Cell, Phone Home Phone
Alternate Voting Delegate/Director
email Cell Phone Home Phone
I hereby certify that the above named persons were duly appointed on
(date) by our governing body and that the foregoing
information is correct.
Municipaly Clerk' s Signature
Space Coast League of Cities- 1600 Huntington Lane- Rockledge,Fl 32955- FAX(321)636-3193 - Phone(321)636-9916
Email:scinancy@gmail.com
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 12/16/2014
Item No. 9
Subject: Authorize Removal of a Specimen Tree at 139 Oak Lane.
Department: Community and Economic Development
Summary: On October 27, 2014, a building permit was issued to Turnkey Construction
Planners, Inc. to construct a single family residence at 139 Oak Lane on property
owned by Sheropa, LLC. During a pre-slab inspection, it was noted that a tree existed
on site at the southeast corner that appeared to be very close to the proposed structure.
On November 13, 2014, the City Arborist and Staff conducted a site inspection and
verified that a Specimen Oak Tree was located extremely close to the proposed house
pad and that it could impede construction. The City Arborist submitted a Tree Hazard
Evaluation Form (Attachment 1). The tree has a diameter at breast height (dbh) of forty-
six (46) inches, is multi-stemmed, is approximately forty (40) feet in height and has a
fifty (50) foot canopy spread. The Arborist's Report indicates that at the time of the
inspection the tree was in good health, but located in close proximity to the house; see
photographs (Attachment 2).
The contractor was contacted. He indicated his desire was to remove the tree. He was
informed the tree was a Specimen Tree and that he must submit a tree removal
application to obtain City Council approval. On November 25, 2014, Sheropa, LLC
submitted an application for the removal of the Live Oak tree. The application states that
the tree is located within six (6) inches of the house pad and would affect the
construction of the roof(Attachment 3).
Mitigation is required. City Code Section 102-40(b)(10) exempts single family lots from
the requirements of tree replacement if they are under 10,000 square feet (s.f.) in area
(Attachment 4). However, the attached survey indicates that this property is 10,528 s.f.
(90 ft. wide x 112 ft. deep = 10,528 s.f.).
Staff requests that the City Council approve removal of the Specimen Tree with
mitigation to be completed by the time of the issuance of the Certificate of Occupancy
(C.O.).
Submitting Department Director: Todd Morley Date: 12/02/14
Attachments:
#1 - Tree Hazard Evaluation Form
#2 - Photos of the Tree
#3 - Permit Application for the Removal of Trees; Property Survey & Aerial Photo
#4 - City Code Section 102-41
Financial Impact: Staff time to prepare this Agenda item.
Reviewed by Finance Director: John DeLeo Date: 12/3/14
City Council Meeting Date: 12/16/14
Item No. 9
Page 2 of 2
The City Manager recommends that City Council take the following action(s):
Authorize removal of a Specimen Tree at 139 Oak Lane.
Approved by City Manager: David L. Greene Date: 12/5/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment#1
Date: 11-25-14
CITY OF CAPE CANAVERAL Tracking# 14-11070
PERMIT APPLICATION Permit#
FOR THE REMOVAL OF TREES
Authority: City of Cape Canaveral Code of Ordinances Sec. 102-37(e)
(321) 868-1222
City of Cape Canaveral Building Department 7510 N.Atlantic Ave. Cape Canaveral, FL 32920
You may download this application: www.cityofcapecanaveral.org You may fax to: (321)868-1247. Important: Please complete the checklist
on this form and provide documentation as indicated. A copy of contract may be required. Applications will not be accepted unless complete.
APPLICANT WILL BE CALLED WHEN PERMIT IS READY.
(Contractor or Owner is required to sign for the permit, unless indicated otherwise by affidavit. I.D. may be required)
Address of Job Site: 139 Oak Lane
Legal description of property: TWN: 24 RNG: 37 SEC: 14 SUBD: BLK: LOT: A&B PB: oool PG: oozz
Property Owner Name: Sheropa LLC Phone: Address: 400 Harbor Dr. Cape Canaveral
Contractor Name: Chad Gressoni Name of Company: Turnkey Consruction
Address: 2640 Brookshire Circle Melbourne FL 32904
State License No.: Phone(office): 403-3263 Phone(cell/pager.): Fax: 459-3935
Please check all that apply(proof may be required). Of the tree(s)to be removed,are all the trees: dead? diseased?
suffering from severe structural defects? posing a clear and obvious safety hazard?
Please clarify the reason tree(s)must be removed: it is 6 inches away from and branches will effect roof
Do you plan to relocate the tree(s)or re-plant new tree(s)? Please describe: NO
Notes: d.b.h. is diameter at breast height(4 1/2 feet above grade)
Caliper is the measurement of a tree 12 inches from the soil level.
A Specimen Tree is one with a 24"or greater caliper measurement.
City Council shall have final approval authority for the removal of Specimen Trees.
X Type of Residential Quantity of Of the trees planned for removal, Sum total dbh of all inches Valuation of
Building built or proposed protected/native how many have caliper of all protected/native tree removal
on the property trees over 3" dbh measurement of 24"or larger? trees to be removed work
to be removed
Single Family Residence 1 1 $ 1,000
Townhome
Apartment
Other(specify)
X Permit Application Checklist Notes
Completed Permit Application
A plan showing location and sizes of trees to be removed and planted showing all existing/proposed construction and landscaping
Contractor's State License Record will be kept on file after initial submittal
Current Worker's Comp. Policy/Exemption Record will be kept on file after initial submittal
City Council Approval(if needed - please attach approval minutes) For removal of specimen or historic trees
Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no
work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the
standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall be posted on-site until all tree
removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an
authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit.
Applicant's Name: Chad Gressoni Applicant's Signature: [signature] Date: 11-25-14
Notary use only: In the State of Florida,County of Brevard sworn and subscribed before me this 25 day of November , 2014 ,
by Chad Gressoni .
Printed name of Applicant who produced identification: or
X is personally known to me.
Seal: [notary public seal of Brandy Denise Torres] [signature]
Signature - Notary Public At Large
G:\Bldg.Dept.Forms\BP Appl. Removal of Trees (3 D.U.) This form may be duplicated.
MAP OF LAND SURVEY FOR and/or CERTIFIED TO: John Dismore
(COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAY OF TUTENS SUBDIVISION, RECORDED IN PLAT
BOOK 1, PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN 5 00'54'29" E, ALONG THE
[illegible] [illegible] OF SAID LOT B, A DISTANCE OF 66.00 FT, THENCE RUN N 89'38'33" W AND PARALLEL TO THE NORTH LINE OF
SAID LOT B, A DISTANCE OF 736.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE
OF 94.00 FT, THENCE RUN N 00'54'29" W, A DISTANCE OF 112.00 FT, THENCE RUN S 89'38'33" E, A DISTANCE OF
94.00 FT, THENCE RUN S 00'54'29" E, A DISTANCE OF 112.00 FT TO THE POINT OF BEGINNING
[map]
[aerial image]
Attachment#2
[ISA LOGO]® A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas
TREE HAZARD EVALUATION FORM 2nd Edition
Site/Address: 139 OAK Ln. C.C., FL 32920 HAZARD RATING: 3-12
Map/Location: 1 4 2 7
Failure + Size + Target = Hazard
Owner: public private X unknown other Potential of part Rating Rating
Date: 11-13-14 Inspector: City of Cape Canaveral - Tim Davis Immediate action needed
Date of last inspection: Unkown Needs further inspection
Dead tree
TREE CHARACTERISTICS
Tree#: 1 Species: Quercus virginiana "Live Oak"
DBH: 46" # of trunks: 2 Height: 40' Spread: 50'
Form: X generally symmetric ❑minor asymmetry ❑major asymmetry ❑stump sprout ❑stag-headed
Crown class: ❑dominant X co-dominant ❑intermediate ❑suppressed
Live crown ratio: 100 % Age class: ❑young ❑semi-mature X mature ❑over-mature/senescent
Pruning history: ❑crown cleaned ❑excessively thinned ❑topped ❑crown raised ❑pollarded ❑crown reduced ❑flush cuts ❑cabled/braced
❑none ❑multiple pruning events Approx.dates:
Special Value: X specimen X heritage/historic X wildlife ❑unusual ❑street tree ❑screen ❑shade X indigenous X protected by gov. agency
TREE HEALTH
Foliage color: X normal ❑chlorotic ❑necrotic Epicormics? Y X N Growth obstructions:
Foliage density: X normal ❑sparse Leaf size: X normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables
Annual shoot growth: ❑excellent X average ❑poor Twig Dieback? Y N X ❑curb/pavement ❑guards
Woundwood development: ❑excellent X average ❑poor ❑none X other None
Vigor class: ❑excellent X average ❑fair ❑poor
Major pests/diseases: None at the time of inspection.
SITE CONDITIONS
Site Character: X residence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodland\forest
Landscape type: ❑parkway ❑raised bed ❑container ❑mound ❑lawn ❑shrub border ❑wind break
Irrigation: X none ❑adequate ❑inadequate ❑excessive ❑trunk wettled
Recent site disturbance? Y X N X construction X soil disturbance X grade change ❑line clearing ❑site clearing
%dripline paved: 0% X 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y N X
%dripline w/ fill soil: 0% X 10-25% 25-50% 50-75% 75-100%
%dripline grade lowered: 0% X 10-25% 25-50% 50-75% 75-100%
Soil problems: ❑drainage ❑shallow ❑compacted X droughty ❑saline X alkaline ❑acidic ❑small volume ❑disease center ❑history of fail
❑clay ❑expansive ❑slope ° aspect:
Obstructions: ❑lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities ❑traffic ❑adjacent veg. X None
Exposure to wind: ❑single tree ❑below canopy X above canopy ❑recently exposed ❑windward, canopy edge ❑area prone to windthrow
Prevailing wind direction: East Occurrence of snow/ice storms X never ❑seldom ❑regularly
TARGET
Use Under Tree: ❑building ❑parking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape ❑small features ❑utility lines
Can target be moved? Y N X Can use be restricted? Y N X
Occupancy: ❑occasional use X intermittent use ❑frequent use ❑constant use Being Built New Construction
The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form.
TREE DEFECTS
ROOT DEFECTS:
Suspect root rot: Y N X Mushroom/conk/bracket present: Y N X ID:
Exposed roots: ❑severe ❑moderate X low Undermined: ❑severe ❑moderate X low
Root pruned: 0 distance from trunk Root area affected: 0 % Buttress wounded: Y N X When:
Restricted root area: ❑severe ❑moderate X low Potential for root failure: ❑severe ❑moderate X low
LEAN: deg.from vertical X natural ❑unnatural ❑self-corrected Soil heaving: Y N X
Decay in plane of lean: Y N X Roots broken Y N X Soil cracking: Y N X
Compounding factors: New construction too close to ttree. Lean severity: ❑severe X moderate ❑low
CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe, m=moderate, l=low)
DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES
Poor taper L L L L
Bow, sweep L L L L
Codominants/forks N/A M M L
Multiple attachments N/A L L L
Included bark L L M L
Excessive end weight N/A L L L
Cracks/splits L L L L
Hangers N/A L L L
Girdling L L L L
Wounds/seam L L L L
Decay L L L L
Cavity L L L L
Conks/mushrooms/bracket L L L L
Bleeding/sap flow L L L L
Loose/cracked bark L L L L
Nesting hole/bee hive L L L L
Deadwood/stubs L L L L
Borers/termites/ants L L L L
Cankers/galls/burls L L L L
Previous failure L L L L
HAZARD RATING
Tree part most likely to fail: HEALTHY TREE Failure potential: 1-low;2-medium;3-high;4-severe
Size of part: 1 -<6"(15 cm):2-6-18"(15-45 cm);
Inspection period: annual biannual other 1 Time 3 - 18-30" (45-75 cm); 4 - >30"(75 cm)
Failure Potential+Size of Part+Target Rating=Hazard Rating Target rating: 1-occasional use;2 intermittent use;
1 + 4 + 2 = 7 3-frequent use;4-constant use
HAZARD ABATEMENT
Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑ restructure ❑shape
Cable/Brace: Inspect further: ❑root crown ❑decay ❑aerial ❑monitor
Remove tree: Y N Replace? Y N Move target: Y N X Other:
Effect on adjacent trees: X none ❑evaluate
Notification: ❑owner ❑manager X governing agency Date: 11-13-14
COMMENTS
The tree I inspected today was a Live OAK. At the time of
inspection this tree was in good health and is a specimin tree, with a D.B.H.
of 46". New construction has put the Blue Print of the house so close to the
tree, that the house can't be finished. If you have any more questions,
Please me. (321-863-7341) Thank you, Tim Davis FL0509A
Attachment#3
[pictures]
139 Oak Lane
[pictures]
[pictures]
Attachment#4
See.102-41.Specimen trees.
(a) Spec is en trees shall be preserved or relocated on site to the greatest extent feasible.
(b)Notwithstanding any other provision of this division, specimen trees shall not be removed
except for extraordinary circumstances and hardships and only by final permit approved by
the city council. As a condition of removal of any specimen tree, the city council shall have
the right to require that replacement trees be planted or a contribution to the tree bank be
made in accordance with section 102-43, except replacement and/or tree bank contribution
shall be based on a maximum of a two-to-one ratio of cumulative diameter (dbh) basis of
specimen trees removed using the data in Table 1.
(c) In reviewing an application for final permit to remove a specimen tree,the city council shall
consider the following:
(1) Whether the site design, as determined by a preland-clearing inspection, are feasible to
allow the use permitted, as established by the applicable zoning district regulations.
Streets, rights-of-way, easements, utilities, lake perimeters and lot lines shall be shifted
whenever possible to preserve frees.
(2) Whether the specimen tree is located within the footprint of the proposed structure or if
more than one-third of the specimen tree canopy would be required to be removed in
order to accommodate the proposed structure, and whether or not it is feasible to relocate
the structure.
(3) Whether the location of the specimen free prevents any access to the property from a
publicly dedicated and maintained roadway, or whether the tree constitutes a hazard to
pedestrian or vehicular traffic that cannot be mitigated without removing the tree.
(4) Whether the location of the specimen free interferes with or prevents the construction of
utility lines, drainage facilities, roadways or required vehicular use area which cannot be
practically relocated or rerouted.
(5) Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as
to pose a danger to persons,property, site improvements or other trees.