HomeMy WebLinkAboutBOA Agenda Pkt. 6-25-2015CALL TO ORDER
ROLL CALL:
�ity of Cape Canaveral
)ARD OF ADJUSTMENT
REGULAR MEETING
;ANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
JUNE 25, 2015
6:00 P.M.
AGENDA
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 Board of Adjustment 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 Board of Adjustment
will not take any action under the "Reports and Open Discussion" section of the
agenda. The Board of Adjustment may schedule items not on the agenda as
regular items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: February 26, 2015
2. Quasi -Judicial and/or Public Hearin: Consideration of Request to Approve
Special Exception No. 15-02 to authorize a storage warehouse/office in the
C-2 Zoning District, per City Code of Ordinances, Section 110-383, Special
Exceptions permissible by the Board of Adjustment - 0. Wave, Inc. -
Owner - (280 W. Central Blvd.).
3. Quasi -Judicial and/or Public Hearina: Consideration of Request to Approve
a Change of Use to authorize a 5 -unit townhouse in the R-2 Zoning District,
per City Code of Ordinances, Section 110-195(e) - Antonio Romano -
Owner - (350 Monroe Avenue).
REPORTS AND OPEN DISCUSSION:
ADJOURNMENT:
110 Polk Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
www.citvofcaoecanaveral.ore e-mail: info(a.citvofcanecanaveral.ore
Board of Adjustment Meeting Agenda
June 25, 2015
Page 2
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 Board of
Adjustment with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction
or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties
may attend this Public Meeting. The facility is accessible to the physically
handicapped. Persons with disabilities needing assistance to participate in
the proceedings should contact the Community Development Department
(868-1222, ext. 15) 48 hours in advance of the meeting.
110 Polk Avenue - P.O. Box 326 - Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 - Fax (321) 868-1247
www citvofcanecanaveral.ore e-mail: infoacitvofcanecanaveral.org
BOARD OF ADJUSTMENT
MEETING MINUTES
February 26, 2015
A Meeting of the Board of Adjustment was held on February 26, 2015, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:01 p.m. by Chairperson Arvo Eilau. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
Arvo Eilau
Douglas Raymond
George Sweetman
Desmond Wassell
Linda Brown
Joe Elliott
OTHERS PRESENT
Kimberly Kopp
David Dickey
Angela Apperson
Patsy Huffman
Chairperson
Vice Chairperson
Assistant City Attorney
Community Development Director
City Clerk
Board Secretary
Assistant City Attorney Kopp indicated all members of the public will have an opportunity to
speak and asked individuals desiring to speak to complete a Speaker's Card. Attorney Kopp
stated she will be asking Board Members to disclose any communications they have had about
the project outside of this meeting. She indicated Board Members could ask questions of her at
any point in the meeting.
PUBLIC PARTICIPATION: None
NEW BUSINESS:
1. ADDroval of Meetina Minutes -October 22.2014:
Mr. Eilau asked the Board Members to waive the reading of the Minutes of October 22, 2014.
Motion by Ms. Brown, seconded by Mr. Raymond, to waive the reading and approve the
Meeting Minutes of October 22, 2014, as presented. The motion carried unanimously.
2.
Board of Adjustment
Meeting Minutes
January 28, 2015
Attorney Kopp asked Board Members to disclose any communication they may have had
outside of tonight's meeting pertaining to the agenda item. Disclosures: Mr. Elliott received a
packet from Mr. McMillan, and spoke with him briefly; Mr. Wassell received a packet from
Mr. McMillan, attended Puerto Del Rio Men's Group Meeting where the request was
discussed and read articles in Florida Today Newspaper; Mr. Raymond received a packet
from Mr. McMillian and an email from Mr. Ray Osborne; Mr. Eilau received the information
from Mr. McMillian and Mr. Osborne and indicated as a citizen of the Community he was
exposed to questions/answers about this topic; Ms. Brown received the information from Mr.
McMillian and Mr. Osborne and a phone call from a concerned citizen, to which she
explained she was just investigating and had nothing to discuss; Mr. Sweetman received the e-
mail from Mr. Osborne and the information from Mr. McMillian. Attorney Kopp indicated the
written information from Mr. McMillian and Mr. Osborne has been entered into evidence;
members of the audience/applicant will have a chance to respond should they desire and as
long as Members of the Board remain unbiased/impartial they can vote; if any one feels they
have been prejudiced in any way, they can abstain from voting.
Mr. Dickey's presentation included: a review of photos showing the site and surrounding
areas, which are part of the Agenda Packet and can be viewed on the City's website; an
explanation of the concept plan, which will be used to form the formal Site Plan and includes:
a 4,673 square foot, retail convenience store with seven (7) fueling islands (14 pumps) under a
detached canopy, dumpsters and seating area on the South side of the building; two
ingress/egress on a 1.41 acre parcel, zoned Cl, having frontage on N. Atlantic Avenue and S.
Cape Shores Drive; a review of Sections 110-39(c) and 110-334(c)(e) of the City's Code and
the need to meet same; the review/approval of a level 1 application by the Community
Appearance Board (CAB) on August 2, 2014, and the role of the CAB to review proposed
development and ensure it is consistent/furthers the Community's Architectural standards and
enhances existing development; a traffic study which indicates the project will add 92 pm
peak hour trips to the existing 2,509 pm peak hour trips and the level of service will remain at
a level C; the additional approvals needed to construct the proposed development include: site
plan approval, which will require a Public Hearing before the Planning and Zoning Board; a
Tree Removal Permit, which will require a Public Hearing before the City Council and an
administrative concurrency review, which evaluates a project's effect on roads, water, sewer
services, parks and stormwater; the review/recommendation for approval with six (6)
conditions by the Planning and Zoning Board on January 28, 2015; Staff's recommendation
for the Board of Adjustment to approve Special Exception 2015-01 with seven (7) conditions,
as outlined in the revised Agenda Packet, and a review/explanation of the Staff
Analysis/Worksheet for Code compliance.
Discussion between Board Members and Mr. Dickey ensued and included: Staff's
interpretation that the Code section requiring separation of 2,000 feet between Service
Stations only applies to stations within the City limits; whether the Vision Statement should
be considered when reviewing this project; whether the project will have a positive or
negative effect on the economy; whether the traffic study took into consideration the
additional traffic from residents/visitors in the winter months; traffic studies add a seasonal
factor into the count; the number of delivery trucks to the site per day; consumption of alcohol
Page 2 of 8
Board of Adjustment
Meeting Minutes
January 28, 2015
is an enforcement/licensing issue that will be addressed by State officials; a lot split
application must be submitted/approved prior to application for a building permit and if the lot
split is not approved, the Special Exception, if granted, would be null/void; the Code
requirement for establishments selling alcohol to have a minimum separation, as well as
separation from others approved for on-site consumption and the distance from Izzy's
Restaurant to this site; the applicant will address questions related to traffic/ingress/egress.
Attorney Kopp swore in all participants speaking at the meeting.
Mr. Philip Nohrr, Attorney for the applicant (Cumberland Farms), began his presentation,
which included: the work of many professionals, including City Staff to prepare the
application, recommendation for approval from City Staff and the Planning and Zoning
Board; Board Members were encouraged to ask questions of the applicant's representatives;
whether the Code requirement for separation of Service Stations applies to property in or out
of the City limits and if it includes property out of the City limits, how the City's control over
what happens within the City limits would be diminished; a review of a Binding Development
Agreement between, Cumberland Farms, Cape Shores HOA and B&B (the property owner) to
ensure the requirements of all parties are outlined; the potential economic impacts to other
gasoline stations within the City and how competition allows the public to speak; a review of
a letter from Webb Engineering Associates, Inc., and addressed the potential environmental
impacts of double walled underground storage tank installation and how the same is highly
regulated by Federal, State and County agencies; steps the applicant has taken to be a good
neighbor and not impact the adjoining property owners; the convenience store is a permitted
use and the need for the Special Exception pertains only to the fuel pumps.
Jeff Lucas, of Atkins North America, testified that: he has been working on the Cumberland
Farms Project since the Summer of 2014; is a licensed Engineer in the State of Florida since
2010; is familiar with the site in question known as the Cumberland Farms site; has prepared
exhibits to review details of the site:
• Exhibit 1: is an aerial picture of the undeveloped site as it exists today; he provided
orientation details, showed a condemned house outlined in red; that the westerly
portion of the Cumberland Farms sitelretention pond will force the removal of the
house; that the condemned house is visible to the residents in the Cape Shores; the area
outlined in purple is an occupied dwelling, which appears to be a duplex; that the
green area is an abandoned slab, possibly from an old residence (prior development);
that it is fair to say the property has already been disturbed and is not in its natural
state;
• Exhibit 2: he provided orientation details of the conceptual site plan, pointed out the
gas pump location, which is east of the convenience store; that the convenience store
will serve as a buffer to the gas pumps; that the site will have sidewalks; the dumpsters
and the eating areas are located on the south side of the project/building; the parcel to
the south (Dollar General) is zoned Cl; there is a shallow retention Swale between the
Dollar General and the proposed Cumberland Farms; there is a proposed driveway on
the south side of the property connecting to Al A; the other ingress/egress is located on
Page 3 of 8
Board of Adjustment
Meeting Minutes
January 28, 2015
the north side of the property adjacent to Cape Shores Drive; that there will be two
points of ingress/egress to the proposed development;
Exhibit 3: is developed from the project's preliminary landscape plan, that the purple
arrows represent unit 20 at Cape Shores Condominium looking at an oblique angle
towards the project site; the arrow furthest west has a dimension of 102.3 feet and
represents the distance from unit 20 to the side of the proposed building, that unit 20 is
the nearest unit to the proposed development, the other arrow has a distance of 187.9
feet and represents the distance between the nearest unit and the gas pumps; the area
around the retention area has a series of buffer plantings, shrubs, hedges and trees
spaced out along the property boundary; there will be a 6 -foot wall on the north side to
provide an additional buffer, there will also be landscaping in front of and behind the
wall, on the west side; there is also a vegetative buffer of shrubs and trees, all the
landscaping meets or exceeds the City Code, the yellow circles depicts additional
plantings added at the request of City Staff/citizens at the public meeting in December.
Exhibit 4: explained the view is from Cape Shores Condo unit 20 looking at an
oblique angle toward the existing and proposed trees, shrubs and the wall; that this
exhibit depicts what someone looking from Cape Shores toward the proposed site
would see;
Exhibit 5: at the request of Mr. Nohrr, the distance between the houses and the
Cumberland Farms site was determined; from house two to the rear of the Cumberland
Farms Convenience Store is 634 feet and from house two to the first pump on the front
of the site is 719 feet; from house one to the rear of the Cumberland Farms building is
529 feet and from house one to the pump area is 645 feet; right behind the retention
area of the Cumberland Farms site continuing down to the Dollar General is a very
heavily wooded area.
Discussion between Board Members and Mr. Lucas included: 102 foot measurement from the
front door of unit 20 to the site, which is the closes point to the Cumberland Farms property;
the elevation difference between the existing structure (approx. 25 feet tall) and the proposed
structure (apex. 33 feet tall); the single ingress/egress for the Dollar General site onto AIA;
coming patterns for vehicles approaching the proposed gas pumps; the tank filling location,
which is on the front of the site and the traffic pattern, which the fuel delivery trucks will take;
AIA frontage of the site is 194 feet and the Code requirement for two entrances for properties
with less than 200 feet of road frontage; there is a Code requirement for minimum separation
between ingress/egress of properties.
Scott Zomek, of Atkins North America, testified: he has a BS in Civil Engineering and is a
registered professional engineer in the State of Florida since 2003; has worked on the
Cumberland Farms project since the Summer of 2014; the work performed on the project is
related to the trip generation based upon the Institute of Transportation Engineer's Trip
Generation Manual, possible impacts the site would have on the surrounding roadway
network; use of the Florida Department of Transportation Traffic Counts which were from
2013; 2013 numbers were increased by 2% a year to 2015, approximate date of development;
a negative trend in the growth was observed, the FDOT counts take into consideration the
peak season correction factor (snow bird time of year); traffic study figures for the Dollar
Page 4 of 8
Board of Adjustment
Meeting Minutes
January 28, 2015
General were added to the 2013 FDOT base count then grown by the 2 % per year; the results
included growth from surrounding development, growth in background traffic and seasonal
adjustment; a review of the methodology (Institute of Transportation Engineers Trip
Generation Manual) used to calculate the PM Peak hour trips and the daily trips, which occur
over a twenty four hour period; this is the same methodology used by the Dollar General to
arrive at their calculations, which was accepted by the City; an explanation of a pass by trip,
non -pass by trip, level of service for a roadway, the roadway capacity of 2000 trips, the peak
trips are 1,248 plus the Cumberland Farms trips is 1,271, which allows 729 additional trips
before the Level E threshold is met; Cape Shores Circle is a private driveway serving the
Condominium and does not have a maximum threshold like AIA; he looked at Cape Shores
Circle Driveway and the additional trips will not have a material effect on the operation of
Cape Shores Circle because the proposed site is not a primary destination such as Wal-Mart; a
review of traffic exhibit 1: there would be no impacts to SR Al that would drop the level of
service to the point that traffic would not flow; use of Cape Shores Circle by individuals
entering the development would have minimal impact on Cape Shores Circle; traffic exhibit 2:
FDOT study which deemed certain portions of AIA a high crash corridor were reviewed at
Cape Shores Circle and Cape Shores Drive to find in the last three years there have been two
collisions that did not meet the designation of a high crash corridor; at Cape Shores Drive
there have been five crashes, one occurring within the 7-11 puking lot, and three were left
tum collisions where individuals were taming on to Hayes Ave, this area does not meet the
designation of a high crash corridor; the crash data was obtained from Brevard County
Sheriffs Office (BCSO); additional sources for crash data are FDOT and the University of
Florida were also compared against the BCSO data; he has high confidence the crash numbers
are correct.
Discussion between Board Members, Mr. Zomek, Mr. Lucas, Mr. Dickey, Attorney Nohrr
and Attorney Kopp included: the single ingress/egress off Al to the proposed site; speed at
which people drive on Al A; difficulty people have making a left tum out of Dollar General;
there is no plan to have a "run-off'(deceleration) lane for either of the entrances, there is only
a "taper" planned at this point; FOOT has criteria for tum lanes and tapers, which will have to
be met; this is not a binding site plan approval and is only a concept plan for the Special
Exception; there is not a way to project the number of crashes that may occur should the
development be approved; whether the proposed hours of operation for the business were
considered when reviewing the traffic data; the estimated wait time for individuals attempting
to leave the site is approximately 40 to 50 seconds; there is no difference between the traffic
that could be generated by the proposed use of this site and any other uses allowed by Cl
Zoning District; pedestrians will have to cross the driveways at an signalized intersection.
David Kabboord, testified: he is a licensed Real Estate Broker since 1980; his real estate
business concentrates on properties in Cape Canaveral and Cocoa Beach; he owns property
(Golf N Gator) near the proposed development site, which is valued at approximately 1.7
million dollars; he holds title to a unit in Cape Shores Condominium Complex; he is the
listing broker on the transaction between B & B and Cumberland Farms for the purchase of
the proposed site; prior to the Dollar General, the site had an old restaurant; at Mr. Nohrr's
request he investigated the effect the proposed development would have on the real estate
Page 5 of 8
Board of Adjustment
Meeting Minutes
January 28, 2015
values of the surrounding residential properties; found a similar property at 8101 N. Atlantic
Avenue which has a Mobile Station near residential properties, and that since 2012 the value
of the properties increased by at least 10% and as much as 21% on some properties; he found
no buffering between other gas stations and residential areas; the buffering on the proposed
site will increase the value of the adjoining properties and the development of the Cumberland
Farms would not have a negative effect on adjoining properties.
Mr. Nohrr made a closing statement and requested an opportunity to rebut after the Public
Hearing.
Attorney Kim Rezanka of Dean Mead, representing John, Michelle and Steven Porter, cross
examined Mr. Lucas regarding the landscape plan for the western border of the property, the
Code requirement for buffering along the entire property line where commercial abuts a
residential zoned district and an existing dirt driveway. Mr. Dickey indicated the commercial
corridor extends further to the west than the proposed parcel and therefore, is not adjacent to
the R3 Zoning District and if it does not, the landscape code requirements will be
implemented/installed. Cross Examination of Mr. Lucas continued and included the
measurements previously noted were taken from building to building; and whether there will
be a road installed in the area previously indicated as "heavily wooded'.
Mr. Eilau opened the public hearing and explained the procedure to follow when speaking.
The following individuals spoke against the project: Suzanne Eliott, Angela Raymond, Randal
Coppola, Brent Lacy, Debi Sanches, Julie Braga, Eric Braga, Alan Beal, Rebecca Rowe, Lois
Palmer, Eva Etrante, Lila Gilbert, Earl McMillin, Shirley Kuttesch, Jessie Holloway, Hazel
Banks, Theresa Rizzuto, Jalinda Coudriet, Max Forgey, Michael BoRoss, Gail Gazt, Shannon
Roberts, Jack Childs, Alex Godleski, Ralf Brooks, Charles Hartley, Garrett Lane, David Bray
and Steve DeLashmutt.
Also speaking were: Lana Klein and Brook Anderson, who read poems advocating for the
protection of the environment and the trees; Joyce Hamilton inquired if a road would be
installed along the western portion of the property south to Holman Road and felt if this was
so, there would be a large volume of traffic at that light; Van Catterton, representing Cape
Shores Association Inc., spoke of the Binding Development Agreement, which is in the
agenda packet, the desire to construct a chain link fence along the entire southern boundary of
the condominium property, as well as installing a gated entry new the western boundary of the
proposed site; the comments from the Fire Marshall for alternate access to the property and
the installation of a new fire hydrant near the proposed site; that page four of the Staff
recommendation contains additional restrictions (#7) be imposed should approval be granted
and the Board of Directors entered into the Development Agreement without a vote of the
membership; Ray Osborne requested an environmental impact study, but maintained a neutral
position; and Robert Baugher advocated for the project.
The meeting recessed from 10:45 p.m. to 10:52 p.m. Upon reconvening, Board Members
decided to continue the meeting even though it was late in the evening.
Page 6 of 9
Board of Adjustment
Meeting Minutes
January 28, 2015
Attorney Kim Rezanka of Dean Mead, representing John, Michelle and Steven Porter,
expressed her position that the applicant has failed to meet the requirements of the Code and
the standards for special exceptions; the application would violate the Code requirements
regarding platting, lot splits and access to properties; approval of the Special Exception would
violate the essential requirements of law and open the City to legal challenge; and reviewed
items/concerns outlined in the packet she provided. She requested denial of the Special
Exception.
Discussion between the Board Members, Attorney Kopp, Mr. Baugher and Mr. Dickey
included: the need for platting of the lots; it is up to Board Members to determine whether the
Code has been met; the original deed was 10 separate parcels; whether combining lots for tax
purposes is a lot split, the need to correct the lot split/platting issues; the City has no way to
monitor when lots are split or combined; proposed access to Holman Road along the western
end of the subject property; that most of the original 10 lots were non -conforming; the prior
development; the attempt to work with Cape Shores Association; access to Cape Shores is via
easement; what would be developed on the residential parcel to the west of the subject
property; criteria set for evaluating a Special Exception Application and the need for Board
Members to focus on same when making their decision; and whether there is property zoned
commercial to the west of the proposed site.
Attorney Nohrr's rebuttal statement included: the "hijacking" of the meeting to attack Staff
for where they live and how they do their job; the proposed development will meet all City
Codes before permitting or the permitting will not be issued; final plans me not required for
the issuance of a Special Exception; the lack of evidence presented to show the applicant has
not/will not address environmental issues; responded to numerous points presented at this
meeting that did not pertain to the Special Exception process; and requested a favorable vote
from Board Members.
Mr. Eilau closed the Public Hearing and read portions of the Code which outlined items to be
considered when reviewing a Special Exception Application and advocated for the use of the
Visioning Document as well. Discussion between Board Members, Public Works Services
Director Jeff Ratliff, Mr. Dickey, Mr. Lucas and Mr. Zornek included: the proposed
improvements the City will be making to replace the sewer line on Holman Road to correct
issues and prepare for future development; the sizellocation, separation requirements, traffic
circulation of the site; the need to have review/permitting by outside agencies such as St.
Johns River Water Management District, FDOT, and FDEP; the internal circulation of the
site; impacts the proposed development will have on bicycle and pedestrian facilities, the
upcoming FDOT improvements to AIA, the possible need for striped crosswalks across
driveways, and that bicyclist need to observe all traffic control signage.
Motion by Ms. Brown regarding request to approve Special Exception No. 15-01 to authorize
an automotive service station in the C-1 Zoning Category per City Code of Ordinances
Section 110-334(c)(3) Atkins North America, Inc. Applicant, 6455 N. Atlantic Avenue.
Attorney Kopp clarified the motion is to approve the Special Exception with the seven (7)
Page 7 of 8
Board of Adjustment
Meeting Minutes
January 28, 2015
recommended conditions, to which Ms. Brown agreed. The Motion was seconded by Mr.
Raymond. The motion failed 5-1 with voting as follows: Mr. Elliott, Against; Ms. Brown,
Against; Mr. Wassell, Against; Mr. Raymond, Against; Mr. Eilau, Against; and Mr.
Sweetman, For. Mr. Eilau announced the motion was denied. Attorney Kopp clarified the
motion failed and asked for a new motion to approve or deny the project. She asked Board
Members if they intended to deny the project by voting against the motion to approve, to
which most responded in the affirmative. Attorney Kopp indicated a new motion would be
needed to deny the project.
Motion by Ms. Brown to deny the approval of Special Exception Request No. 15-01 to
authorize an automotive service station in the C-1 Zoning District per City Code of
Ordinances Section 110-334(c)(3) Atkins North American Inc. Applicant, 6455 N. Atlantic
Avenue with all seven listing that were given to us. Attorney Kopp clarified that the motion
includes Section 110-39, to which Ms. Brown agreed. The motion was seconded by Mr.
Raymond. The motion carried 5-1 with voting as follows: Mr. Elliott, For; Ms. Brown, For;
Mr. Wassell, For; Mr. Raymond, For; Mr. Eilau, For; and Mr. Sweetman, Against.
Motion by Mr. Raymond, seconded by Ms. Brown, that the Board pass on the Reports and
Discussion. The motion carried unanimously.
There being no further business Mr. Eilau adjourned the meeting at 12:30 a.m.
Approved on this day of , 2015.
Arvo Eilau, Chairperson
Patsy Huffman, Recording Secretary
Page 8 of 8
City of Cape Canaveral
Board of Adjustment
Meeting Date: 06/25/2015
Item No. I
x: opeaar mxcepnon mequest rvo. zvw-vz — rt sior
category -280 W. Central Boulevard (O -Wave, Inc.)
Summary: This application is for approval of a special exception for a storage
warehouse at 280 W. Central Boulevard (see attached location map — Attachment #1).
The building will be used to store consumer goods for the owner's souvenir stores that
are located in the general area.
The one-half acre site is zoned C-2 and includes a 10,400 square foot building and 12
parking spaces (see attached site plan — Attachment #2). The parcel is accessed from
W. Central Boulevard and Commerce Street.
Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated
when a recommendation to the Board of Adjustment is being considered. For a detailed
analysis of these criteria, see Attachment #3. The proposal meets the minimum
standards.
Surrounding zoning:
North — C2/M1 South — C2
East — C2 West — C2
Surrounding uses:
North — warehousing South — parking
East — vacant West — warehousing
At its May 27, 2015 meeting, the Planning & Zoning Board recommended approval by
a vote of 5-1.
#1 — Location Map
#2 — Site Plan
#3 -Staff Analysis and Worksheet— Sec. 110-39(c)
#4 — Snecial Exceotion No. 2015-02 ADDlication Packet
The CD Staff
actlon(s):
Approve Special Exception No. 2015-02.
6/10/15
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Attachment #3
Special Exception Worksheet and Staff Analysis
SE 2015-02
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
1. Land Use and Zoning
a. Is the requested SE consistent with the intent of the Comprehensive Plan? The
subject property in situated in an area of the City that has historically been
characterized by industriallwarehousing uses. The property was used as
a warehouse until 2012 when United Space Alliance vacated the building.
The proposed use is a continuation of the development pattern in the area.
b. Is the requested SE consistent with the intent of the zoning district in which it is
sought? The proposed use is compatible with the uses in the area. The
use is compatible with adjacent uses and will be conducted entirely inside
the building.
c. Will the SE meet all the requirements of the zoning district in which the request
is to be located, such as: lot requirements, building setbacks, lot coverage,
height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes, the
minimum zoning district requirements can be met on the property. The
property is approximately 22,650 sq. ft. in area with a building of 10,400
sq. ft. The property includes 12 parking spaces (including 1 he space).
2. Impact to Surrounding Properties
a. Is the proposed special exception compatible and harmonious with properties
and uses in the surrounding area? Explain why. Yes, the surrounding
properties have developed in an industrial/warehouse nature which is
consistent with the proposed use.
b. Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes. The proposed office/warehouse
use is compatible with existing development in the area. In addition, the
use will be conducted entirely within an enclosed building.
c. Will the traffic volume and type adversely impact land use activities in the
immediate vicinity? No. The application indicates that there will only be 5
employees during working hours which represents a reduction in the total
number of vehicular trips associated with many permitted uses in the C-2
zoning district.
d. Will the proposed special exception create any adverse impacts to other
properties in the surrounding area? Address the creation of noise, light,
vibration, odor, stormwater runoff, or other offsite impacts that would not have
been created had the property been developed as a principal use? No. The
proposed use will be conducted entirely indoors between 9:00 am and 5:00
pm. As shown on the site plan, all service areas including loading areas
are appropriately located and oriented towards the adjacent roads.
Parking and traffic circulation are designed to have minimum impact to
other properties in the surrounding area. Stormwater runoff is addressed
by an inlet on W. Central Boulevard and a swale system and retention area
on the north side of the property.
e. Will there be adequate screening, buffers, landscaping, open space, off-street
parking, and other similar site improvements to mitigate any adverse impacts of
the special exception? Yes, site improvements as required by the City Code
will be erected/constructed as part of the City's approval process.
f. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the special exception requested? Yes, see the attached site plan.
g. Are signs and exterior lighting designed and located so as to promote traffic
safety and to minimize any undue glare or incompatibility with adjoining
properties? Yes. Proposed signage will be subject to review for
consistency with City sign ordinance requirements during the permitting
process.
3. What are the hours or operation and how will they impact surrounding properties?
The proposed use will be open Monday — Friday, between the hours of 9:00
am and 5:00 pm. The proposed hours are consistent with operating hours of
adjacent properties.
4. Traffic and Parking
a. Is there adequate off-street parking? Yes. The proposed 12 parking spaces
meets all requirements of Sec. 110-491 of the City's Code for parking.
b. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? Yes.
All traffic circulation has been reviewed and approved by the City's public
safety officials.
c. What type and how much traffic will the special exception generate? The
proposed special exception will generate both auto and truck traffic on a
daily basis. However, trips counts are negligible due to the number of
employees and the nature of the use.
d. Are there adequate loading and unloading areas? Yes.
5. Public Services
a. Are adequate utilities available? Location and capacity. Yes. Public utilities
are available to the site. A concurrency review will be required as part of
the project review.
b. Will the proposed special exception create any unusual demand for police, fire,
or emergency services? No. Due to the nature of the proposed use it is not
anticipated any unusual demand will be placed on public safety services.
c. Will the proposed special exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation,
streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities? No. The proposed use will not have any adverse or
greater impacts than other uses typically associated with the C-2 zoning
district.
d. Are there adequate refuse facilities for the proposed special exception and is
the dumpster properly located and screened? Yes. Refuse facilities will be
screened from public view consistent with Sec. 110-488(d) of the City
Code.
6. Miscellaneous Impacts
a. Will the proposed special exception have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation, wildlife, open
space, noxious and desirable vegetation, and flood hazards? As this is a
redevelopment of an existing building, the proposed special exception is
not anticipated to have an adverse impact on the natural environment. The
property contains a swale system that directs stormwater to a retention
area and/or stormwater system associated with W. Central Boulevard.
b. Will the proposed special exception have an adverse impact on historic, scenic,
and cultural resources, including views and vistas, and loss or degradation of
cultural and historic resources? No. The proposed special exception is a
redevelopment project and will be conducted within the existing building.
c. Will the proposed special exception have an adverse impact on the local
economy, including governmental fiscal impact, employment and property
values? No. The proposed special exception will create several jobs as
well as utilize a currently vacant building.
d. Will the proposed special exception have an adverse impact on housing and
social conditions, including a variety of housing unit types and prices, and
neighborhood quality? No. The proposed special exception is located
within an existing building in an area that has developed with warehouses
and will not adversely impact existing housing stock.
Attachment #4
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
Description of Request: (Insure that the specific Code sections of the zoning
ordinance that allow and support your request are noted). If necessary, attach separate
sheet.
A Special Exception to allow use of the building as a storage
warehouse, as well as office space, pursuant to Sec. 110-383(c)11.
Address of requested Special Exception: Zan w. rent_ra1 81vd. , Cape Canaveral
Name of Project (if applicable):
Legal description: Lot(s) Block Subdivision
Section 1 c Township 24 Range 37
Future Land Use and Zoning designations: c2 commercial/C2
Owner and Applicant Information:
I am the property owner.
I am a tenant. (Attach notarized letter of authorization).
x I am authorized agent other than a tenant: (Attach Written Power of Attorney)
Owner(s) Name: o. wave. Tnc.
Mailing Address: 185 w. Coma Reach rauaeway rorpa nearh, Fr. 39431
Phone number(s): 321-783-1848
Email(s): beachwavecb@amail.com
Authorized Agent Information (if applicable):
Name of Authorized Agent: Kimberly B. Rezanka/Dean mead
Mailing Address: 7380 Murrell Road, Suite 200, Melbourne, FL 32940
Phone number(s): 321-259-8900
Special Exception Application - 1/2015 Page 3
Email(s): krezankagd d
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet — Cont'd
I hereby attest that all information, sketches and data contained and made part of this
request are honest and true to the b st ofmy//knowledge
pand belie/f..
Signature of Applicant:
State of Florid, ,,
County of Q t/&i&
Sworn to and subscribed before meon
this Iu/ ,, day of 2UI
200 by {�1111�J( V L t` i5 7��yjV4 RI who is personally
known, or ❑ produced Ld. — fype of i.d.
Signature of Notary: —ALA
Notary Seal: uDAMETREse
COMMIS ON EE183960
EXPIRE54/112016
.W= ixxV+Jfi6MOi>M+
Special Exception Application - 1/2015 Page 4
Special Exception Worksheet
O. Wave, Inc.
Nature of Special Exception
Describe what you are proposing to do and why. Describe in writing and prepare site plans,
architectural renderings, photos, etc. as necessary to fully describe the Special Exception
requested.
The Special Exception use will be for warehouse storage of consumer goods for souvenir
stores owned by O. Wave, Inc. The warehouse will utilize approximately 8,500 sq. ft. of the
building, while the office use will be approximately 2,400 sq. ft. A survey and floor plan of
the existing building are attached to this application.
The office use will only employ three (3) people and the warehouse will employ only two (2)
people. The hours of operation are to be 9:00 a.m. to 5:00 p.m.
Impact to surrounding properties
1. Is the proposed special exception compatible and harmonious with properties and uses in
the surrounding area? Explain why.
Yes it is compatible and harmonious as it is an existing warehouse that was utilized as a
warehouse from 1984-2012. The Property was administratively rezoned by the City in 2000
from M1 to C2. The uses on the north side of W Central all are similar uses.
The building is a commercial district and abuts industrial zoning (M1) and uses.
2. Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses?
Yes, the scale and intensity is compatible and the other buildings in the area are of similar
size.
3. Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity?
This Special Exception use will not increase traffic and will generate less traffic than if it the
building was to be used solely for office or retail use.
4. Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater
runoff, or other offsite impacts.
This Special Exception use will not create any adverse impacts to otherproperties
5. Will there be adequate screening, buffers, landscaping, open space, etc. to mitigate any
adverse impacts of the Special Exception?
There is already adequate screening and landscaping to buffer any potential adverse impacts
of the warehouse use.
6. Will the size and shape of the site, the proposed access, internal circulation and design
enhancements be adequate to accommodate the proposed scale and intensity of the Special
Exception requested?
The size, shape and design of the site are adequate to accommodate this Special Exception.
7. Are signs and exterior lighting designed and located so as to promote traffic safety and to
minimize any undue glare or incompatibility with adjoining properties?
There will be no additional signs, lighting or traffic concerns due to this Special Exception use,
nor are there any compatibility issues with adjoining properties.
8. What are the hours of operation and how will they impact surrounding properties?
The hours of operation of the warehouse and the office are 9:00 a.m. to 5:00 p.m, and they will
not impact the surrounding properties as the hours of those commercial and industrial uses are
comparable.
Traffic and Parkina
9. Is there adequate off-street parking?
Yes. While there are 10 required spaces (8 for the office space and 2 for the
warehouse/manufacturing employees), there are 12 parking spaces on site.
10. Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes, there is adequate ingress and egress for both autos, pedestrians and emergency needs.
11. What type and how much traffic will the Special Exception generate?
This Special Exception use will not generate more traffic than any permitted use in C2.
12. Are there adequate loading and unloading areas? Yes.
Public Services
13. Are there adequate utilities available including location and capacity.
Yes, as this Special Exception use does not increase the need for utilities
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services?
No additional or unusual demands for police, fire or emergency services will be created by this
Special Exception use.
15. Will the proposed Special Exception have an adverse impact on public services, including
water, sewer, surface water management, parks and recreation, streets, public transportation,
marina and waterways, and bicycle and pedestrian facilities?
This Special Exception use will not have any adverse impacts on public services.
16. Is there adequate refuse facility for the use and is the dumpster properly located and
screened?
Yes.
Miscellaneous Impacts
17. Will the proposed Special Exception have an adverse impact on the natural environment,
including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable
vegetation, and flood hazards?
There will be no adverse impacts on the natural environment.
18. Will the proposed Special Exception have an adverse impact on historic, scenic, and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
No.
19. Will the proposed Special Exception have an adverse impact on the local economy,
including governmental fiscal impact, employment and property values?
No.
20. Will the proposed Special Exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood quality?
No. The warehouse use will not adversely impact housing and social conditions.
n
N
W o
Ell
tv
roperty Details
Page 1 of 2
o ,a«.v+On
Dana Blickley, CFA�,�1°1 Brpperty
Property Appraiser i
Brevard County, K 990A�iot Details
AArr Av?
General Parcel Information
Parcel ID:
24-37-15-00-00806.0-
0000.00
HillaANge Code: 26G0
Exemption:
Use Code:
4100
Site Addreas:
280 W CENTRAL BLVD CAPE CAVERAL 32920 Tax ID:
2430973
Site AOdress Is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
Owner Information Abbreviated Deccriotion
owner Name: 532 W 20TH REALTY CORP
Sub
Name:
PT OF GOVT LOT 3 AS DES
IN ORB 2482 PG 1903
Second Name:
Agricultural Market Value: 0 0 0
Book/Page Sale Date Sale Amount
Mailing Address: 3330 NE 190TH ST #2616
City, State, 2ipwde: AVENTURA FL 33180
Value Summary Land Infnrmatinn
Roll year: 2012 2013 2014
Acres: 0.5
Market Value Total,' $280,000 $288,000 $300,000
Site Code:
Agricultural Market Value: 0 0 0
Book/Page Sale Date Sale Amount
Assessed Value Nan -School: $280,000 $288,000 $300,00
Assessed Value School: $280,000 $288,000 300 000
Homestead Exem tion:Z $0 $0 $0
Additional Homestead: $0 $0 $0
Other Exem tions:2 $0 $0 $0
Taxable Value Non-School:i $280 000 $288,000 $300,000
Taxable Value School:3 $280,000 $288,000 $300 000
1: Mareet value Is estamisned for ad valorem purposes in accordance with s.193.011(I) and (B), Florida Statutes. This value
does not represent anticipated selling price for Me 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
Deed
Sale
Sale
Physical
Book/Page Sale Date Sale Amount
Type
Screening
Screening
Change Vacant/Improved
1
1 4100
Code
Source
Code
54 4 674 3/3/2005 4 600 000
WD
PT
1 02 03
I
282EQ-12 12 8 1 1998 1 550 000
PT
I
3 4 12 2 10 1 1989 100
248211203 1/1/19841 40 000
WD
Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential
marketability of the property.
Building Information
PDC
a
I Use
Cod.
I year
Built
I story Frame
Height Code
Exterior
Cotle
Interior
Cotle
Roof
Type
Root
Material
Floors
CodeCotle
Ceiling
1
1 4100
1 1984
1 20 05
07
01 03
13
11
1 02 03
01,03
BUR in Area Information
Basements Afticc
https://www.bcpao.us/asp/Show_parcel.asp?acct=2430973&Ren=T&tax=T&bld=T&oth=T... 4/27/2015
ACPAO - Property Details
Page 2 of 2
Base IGaraRE Open IC,r Screened) Utility lEnclosedl I IBonusl RV I RV I Total
Area Area Porches Porrtt Porches Rooms Porch Rooms Carport Garage Base
Frtra Fnafu n T�i,�
Extra Feature Descriptlon
Vnits
LIGHT POLES
1
CLEAN ROOM
684
PAVING
5,148
COVERED PATIO
162
FENCE
180
Data teat Updated: Monday, April 27, 2015- Printed On: Monday, April 27, 2015.
https://WNR4.bcvao.us/asD/ShoW pareel.apn�aCLt=9d7OO77bnPn=T.Bfn.=TA.l.l,i_TF.,.Q.—T envnm<
CFN 2015060261, OR HK 7330 Page 2612, Recorded 03/27/2015 at 11:23 AM, Scott
Ellie, Clerk of Courts, Brevard County Doc. D: $4655.00
1'XfY B DR 'lµ
JpIINI RAIL F.
,YN WmallBPhoidw '"M I
021)(11-1150
U
Dw FMNW,: If -Dill
0.EC EII.So
DUL:
WARRANTY DEED
GRANTOR: 332 W.30° Reviry Cnrp., a Floritla curp0ntion, mcenaor byeonversion l0 3J2
W.20" Realty Carp., a Naw York corporation
GRANTEE: O. Wavc.Ina, X Flnride mrponlion
GRANTEES MAILNG ADDRESS: 185 West Cos. Eneh Causeway
CO..,. Reach, FL 32931
DATE: Man127,2015
LEGAL DESCRIPTION OF PROPERJ'Y LOCATED M FLORIDA:
SNE EXH R2T"A•
Tu Gmotw, fw and in cmOdcOdOn of me sum of TEN DOLLARS, eM mh,r good and valuable
aamldrnlims o the Grantor in hand Find by -be Granlel. the Oeektofwhlch isaeknawledged, haagn mad,
Mrgained and sold mlhe Gnnwe.aM IM Gnmw'sheirs aM asigru loreverthe lend dwibedabare. The
Gmmen does hweby fully -arum Thr lisle In said land, and will defend the amr agsin, the lawful cldea,
of Xllpemena whwnsrces.
This conveyance is subject to rearrnfim s and maters eplxaring .,he plat or othOrP se common to 9.
subdivision; publk utility im roam, oflmnd and Mmes for the ymr2015 whieh are nal ym dm and Payable.
Esecmion ofdOW wimesssd by: GRANTOR:
ACKNOWLEDGMENT
ST4'(WF;FIARNA
,,PX, V1 :OF DADE
TAP foregoing inztnmem "a acknowledged bernm me thisLl- day of � ,1015, by
V.eNe Papaon, President of532 W.20° Ruty Corp.,a Fbridamrponfion, ¢uecessor by mnvwsim of5J2
W. 2 Re Jry Cory. a New York cogoealim, who is pnzanPRy known ho me or who has produud
6� z itlemifiolial and wilo did Ira mke an aeCth.-
RENS". like. i 3R
} bla" PWCa1161ffi MFlorlO+ NOnry Pobliw
A�\�y My Comm. Exgna May 6. 2D16 Suwof Florida at Large PAL
a$/" Comnm.l�u�ion Yif llg9fl My Cammision Expiw:/�p7L,
,�.: 6axEd RNgkw wayw
532 W. UP Realty Corp., a Florida
mrpontion,eueeesor by movenion to 532 W.
/A!JrPJ
�—
20° Really Carp., a New York corporation
Ve Av Mp¢o Im90id-
19Q 616
3330co
u
Avtun, 33 FL 33180
Wi Name .yam
ACKNOWLEDGMENT
ST4'(WF;FIARNA
,,PX, V1 :OF DADE
TAP foregoing inztnmem "a acknowledged bernm me thisLl- day of � ,1015, by
V.eNe Papaon, President of532 W.20° Ruty Corp.,a Fbridamrponfion, ¢uecessor by mnvwsim of5J2
W. 2 Re Jry Cory. a New York cogoealim, who is pnzanPRy known ho me or who has produud
6� z itlemifiolial and wilo did Ira mke an aeCth.-
RENS". like. i 3R
} bla" PWCa1161ffi MFlorlO+ NOnry Pobliw
A�\�y My Comm. Exgna May 6. 2D16 Suwof Florida at Large PAL
a$/" Comnm.l�u�ion Yif llg9fl My Cammision Expiw:/�p7L,
,�.: 6axEd RNgkw wayw
OR BX 7330 PG 2613
ZXHIBIT''A-
A portion of Settlon 15, Township 24 South, Range 37 East, the City of Cape Canaveral,
Brevard County, Florida being more particularly described as follows:
Begin at a point on the Easterly "grit of way Of Commerce Street, an undedicated 50.00 foot
right of way, said point being the Southwest comer Of property as described in Official
Records Book 2407, Page 509, of the Public Records of Brevard County, Florida; thence N
B90 41'41" E along the South line of said property for a distance of 132.65 feet; thence 5'
24' 48-19-.W along a line parallel with and 120.11 feet perpendicular to said Easterly right
of Flay of Commerce Street for a distance of 217.09 feet to a point on the Northerly right of
way. of Central Boulevard, an undedicated 80.00 foot fight of way; thence N 68" 49'21" W
along said Northerly right of way for a distance Of 93.72 feet to a point of curvature of a
curve to the right having a radius of 25.00 feet; thence Northerly along the arc of said curve
thru a central angle of 93° 37'31" for a distance of 40.85 feet to a point of tangency on said
Easterly right of way of Commerce Street; thence N 24^ 48'19" E along said Easterly right of
way for a distance of 142.17 feet to the Point of Beginning.
Brevard County Property Appraiser - Map2
Dana BlickleCFA
,w4 y5 )
Brevard County Property Appralser
Page 1 of I
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Fax(Mollxae)w F.(.1)")as1U5m FXw.'. )aoo,omro FlvIM)21255daap Fw(3021) F52o5]a
Fv 15211'lBlm$a F. P21)a54e515 Fv'.141)89p5BBa Fv 13211255aasa fv 1521)W$i5]5
Document content intemled for assessment purposes only. Not a wrvay. Map layers may not precisely align. Other disclaimers apply.
Printed Tuesday, April 28, 2015 at 12A6 PM. v .bcpao.us
2,M
http://map.bcDao.us/Mar)2/default.asnx?tax=ct=24109?lkc=f&r=t Anpnnl c
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That O. Wave, Inc., has made, constituted and appointed, and by these presents
does make, constitute and appoint Kimberly B. Rezanka, as its true and lawful attorney for and
in its, place and stead to represent O. Wave, Inc. before any department or Board of the City of
Cape Canaveral regarding any special exception or variance related to that certain real property
located at 280 W. Central Boulevard, Cape Canaveral, Brevard County, Florida, more
particularly described as:
See attached Description.
IN WITNESS WHEREOF, the undersigned has executed and delivered this
Power of Attorney the _ day of April, 2015.
Signed, d delivered
e FM((
in th esen Of
/A
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me thislf"day of April,
2015, by Oshri Gal, as of 0. Wave, Inc. Said person (check one) ylis personally
known to me, or o produced a driver's license (issued by a state of the United States within the
last five (5) years) as identification. A
M""' KEVIN DELGADO Prird Name: cv
° Notary Public - State of Florian. Notary Public ^
•,_ MY Comm. Expires Jan 2. 2016
w CommissionNo.: 3,�1i
.3,yttQ"••` commission EE 166531 My Commission Expires: Stivi ],,y
OR BK 7330 PG 2613
exmxsrr 'A"
A portion of Settion 15, Township 24 South, Range 37 East, the City of Cape Canaveral,
Brevard County, Florida being more particularly described as follows:
Begin at a point on the Easterly right of way or Commerce Street, an undedicated 50.00 foot
night of way, said point being the Southwest corner of property as described in Official
Records Book 2407, Page 509, of the Public Records of Brevard County, Florida; thence N
89° 41'41' E along the South line or said property for a distance of 132.65 feet; thence S'
24? 48'19'.W along a line parallel with and 12011 feet perpendicular to said Easterly right
of way of Commerce Street for a distance of 217.09 feet to a point on the Northerly right of
way, of Central Boulevard, an undedicated 80.00 foot right of way; thence N 68" 49'21" w
along said Northerly right of way For a distance of 93.72 feet to a point of curvature of a
curve to the right having a radius of 25.00 feet; thence Northerly along the arc of said curve
thru a central angle of 93" 37'31" for a distance of 40.85 feet to a point of tangency on said
Easterly right of way of Commerce Street; thence N 24^ 48'19" E along said Easterly right of
way far a distance of 142.17 feet to the Point of Beginning.
City of Cape Canaveral
Board of Adjustment
Meeting Date: 026/25/2015
Item No. J—
Antonio Romano
Street
Summary: The applicant is requesting a change of use as provided for in Sec. 110-
195(e) of the City Code for property located at 350 Monroe Street (see attached location
map). The property is zoned R-2.
As described in the application dated April 3, 2015 (Attachment #2), the project includes
the demolition of the existing structure(s) and the construction of five townhouses. Sec
110-195(e) allows a property owner to request a change in use from one nonconforming
use to another nonconforming use, subject to certain conditions.
Sec. 110-195(e)(5) establishes factors that must be considered when a change of use
is being sought. These include:
a) Uses less space;
b) Has fewer employees;
c) Requires less parking;
d) Creates less traffic;
e) Has fewer deliveries;
f) Creates less noise;
g) Creates a better benefit to the surrounding area than the previous use;
h) Is more acceptable with the existing and future use or make up of the area;
i) Is more normally found in a similar neighborhood; or
j) Creates less of an impact than the present nonconforming use.
See Attachment #3 to this report for a detailed analysis of the proposed use and its
consistency with the afore -listed criteria.
The property is zoned R-2 and consists of approximately 12,700 square feet. According
to the Brevard County Property Appraiser, initial construction of the structure was in
1963. It currently contains ten (10) rental units.
The owner, who bought the property in 2011 desires to demolish the existing structure
and replace it with five (5) townhouse units (see Attachment #4). However, as the
structure is non -conforming, the new construction will have to be consistent with the R-
2 zoning standards; which would allow 4 units. Hence, the subject request.
The Planning & Zoning Board at its May 27, 2015 meeting recommended approval of
the Change of Use by a vote of 4-2.
Board of Adjustment Meeting Date: 06/25/2015
350 Monroe Avenue — Change of Use
Page 2 of 2
The CD Staff recommends that the Board of Adjustment take the following
action(s):
Approve the Change of Use for 350 Monroe Avenue to allow a 5 -unit townhouse project
as depicted on the attached site plan and rendering.
Attachment #2
CITY OF CAPE CANAVERAL
CHANGE OF USE
APPLICATION PACKET
Instruction Sheet..................................2
Information Sheet...............................3&4
Worksheet........................................ 5
Radius Package Instructions.................6
Application Fee Sheet.........................7
Change of Use Application - 1/2015 Page 1
City of Cape Canaveral
CHANGE OF USE
Instruction Sheet
A pro -application meeting with the Community Development Director is required
prior to completion and submittal of a Change of Use application.
The Change of Use application shall be prepared in compliance with the requirements
of Chapter 110, Section 110-195 of the Code. To access the Code, visit
htto:/Avww.citvofcaoecanaveral.ora, highlight City Departments, highlight City Clerk,
click on City Code of Ordinances; click on htto://www.municode.com then dick on Cape
Canaveral Code of Ordinances.
You and/or your representative are required to attend the meetings at which your
request will be considered. You will be notified of the dates and times of meetings.
Meetings are held at the Cape Canaveral Public Library, 201 Polk Avenue, Cape
Canaveral, FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal, the application will not be
accepted.
Change of Use Application Submittal Checklist
1.__k/Completed Information Sheet.
2. N�Authorization to represent property owner, if applicant is not the owner.
If tenant: Notarized letter of authorization.
If other: Written Power of Attorney.
3._Payment of application fee ($250.00) and escrow deposit (escrow fees are to
cover costs of application review, notification of surrounding property owners,
etc. and the amount is determined when the application is submitted).
4. Radius Package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
labels (instructions on page 8).
5. r/ Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
6.—Copy of recorded deed or Opinion Title for subject property.
7.—Sealed, as -built survey or scaled site plan (scaled drawing of subject property
depicting boundaries, all structures, and parking).
Change of Use Application - 1/2015 Page 2
City of Cape Canaveral
CHANGE OF USE
Information Sheet
Description of Request: (Insure that the specific Code sections of the zoning
ordinance that allow and support your request are noted). If necessary, attach separate
sheet.
1r_ -t-ew
Address of requested Change of Use: 350 Mougog. AuE . cmc c-a"w- nc- cc_ izgzo
Name of Project (if applicable):
Legal description: Lot(s) L41+15 Block 7-1 Subdivision G C-)
Section Z' -'S Township Z`i Range 57
Future Land Use and Zoning designations: R.Z
Owner and Applicant Information:
X, I am the property owner.
I am a tenant. (Attach notarized letter of authorization).
I am authorized agent other than a tint: (Attach Written Power of Attorney)
Owner(s) Name:
0
Mailing Address: 19Z C/L- Y auy 64tf& , ULAM,[LO,y'U, 26 -?
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Authorized Agent Information (if applicable):
Name of Authorized Agent:
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Phone number(s):
Change of Use Application -1/2015 Page 3
City of Cape Canaveral
CHANGE OF USE
Information Sheet — Cont'd
I hereby attest that all informal' n, ketches and data contained and made part of this
request are honest and true 'pot e b t of my knq*edge and belief.
Signature of Applicant:
State of Florida
County of _
Sworn to and subscribed before me on this day of
20_ by
known, or ❑ produced i.d. —Type of
Signature of Notary:
Notary Seal:
❑ who is personally
Change of Use Application -1/2015 Page 4
City of Cape Canaveral
CHANGE OF USE
Worksheet
An applicant for a Change of Use is required to meet with the Community Development
Director prior to completing and submitting the application. The following worksheet will
be used to evaluate the request.
It is the applicant's responsibility to make a case for the requested Change of Use and
this worksheet is the criteria by which the Planning & Zoning Board will make its
recommendation and Board of Adjustment will make its determination.
Nature of Change of Use
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, Boor plans, architectural renderings, photos, etc. as necessary to fully describe
the Change of Use requested.
All Change of Use recommendations and final orders shall be based on the following
relevant factors, including, but not limited to, whether the requested use:
a. Uses less space;
b. Has fewer employees;
c. Requires less parking;
d. Creates less traffic;
e. Has fewer deliveries;
I. Creates less noise;
g. Creates a better benefit to the surrounding area than the previous use;
h. Is more acceptable with the existing and future use or make up of the area;
i. Is more normally found in a similar neighborhood; or
J. Creates less of an impact that the present nonconforming use.
Change of Use Application -1/2015 Page 5
April 3rd, 2015
City of Cape Canaveral
110 Polk Ave.
Cape Canaveral, Fl. 32920
RE: Change of Use 350 Monroe Ave. Cape Canaveral FL 32920
To Whom It May Concern:
This application is a request for the change of use of a nonconforming structure to a less -
intensive and more compatible nonconforming structure. The existing structure is a commercial 10 unit
hotel; the request is for a 5 unit townhome. As per Section 110-195 (e) the applicant requests that the
board grants the change of use from the existing nonconforming use to another nonconforming use
which is equally restrictive, less -intensive and more compatible with the surrounding area
The existing property is located in a residential neighborhood with the future land use of R-2; the
change of use would comply with the new future land use, but be in a nonconforming use with the
allowable number of units. The future land use would allow a total of 4.35 units (.29 acres at 15 units
per acre); this request is that the number of units be extended to 5 units. The new use will have fewer
employees, require less parking, create less traffic, have fewer deliveries, create less noise, create better
benefit to the surrounding area than the previous use, be more acceptable with the existing and future
use or make up of the area. It is more normally found in a similar neighborhood and creates less of an
impact than the present nonconforming use.
It is our believe that the new nonconforming use will benefit both the city of Cape Canaveral and
the immediate neighborhood. The new structure will be more cohesive with the existing use and be
more architecturally complementary and similar to other structures in the immediate vicinity.
Respectfully,
O
Ri Date
hit
5127 S. Orange Ave. Suite 110
Orlando, Florida 32809
Phone:407.490-0350 • Fm:407-2326000 • t>ob@mbiN-amhitect.com " www.rabits-mhitect.com
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AREA CALCULATIONS SUMMARY
Comment Tablet
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Net To
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4/42015 Brevard C0jV Ropery Appraser - Map2 - Properly D& Is Report
Dana Blickley, CFA
t�,�,������m Brevard County Property Appraiser
�n,w+
M I
Enter your title or notes here
Idantifiutlon Date
OWNERS: Romano Antonio
-
SITE ADDRESS: 350 Monroe Ave Cape Canaveral 32920
MAILADDRESS: 7900 S Orange Blossom TO Orlando FL 32809
PARCELID: 24 -37 -23 -CG -21-14 TAXID: 2433639
PROPERTY USE: 0351 - C -Garden Apartments - 1 Story - 10 To 49 Units
EXEMPTION: MILLAGE CODE: 26GO - Cape Canaveral
Value Data
VALUE CATEGORY 2014 2013
2012
MARKETVALUE: $107,000 $107,000
$100,000
AGRICULTURAL VALUE: $0 $0
$0
ASSESSED NON -SCHOOL: $107,000 $107,000
$100,000
ASSESSED SCHOOL: $107,000 $107,000
$100,000
HOMESTEAD EXEMPTION: $0 $0
$0
ADDITIONAL HOMESTEAD: $0 $0
$0
OTHER EXEMPTION: $0 $O
$0
TAXABLE NON -SCHOOL: $107,000 $107,000
$100,000
TAXABLE SCHOOL: $107,000 $107,000
$100,000
Sale Date
SALE TYPE: Improved SALE DATE: 11/29/2011 SALE PRICE: $76,000
ORBP: 6497/0116
DEED: WD - Warranty Deed/Special Warranty Deed
SALE SCREENING: 38 - Sale Under Extreme Circumstances Forced/Duress
SCREENING SOURCE:
PHYSICAL CHANGE:
SALE TYPE: Improved SALE DATE: 04/21/2006 SALEPRICE: $100
ORBP: 5634/7987
DEED: QC-QUlt Claim
SALE SCREENING:
SCREENING SOURCE:
PHYSICAL CHANGE:
SALE TYPE: Vacant SALE DATE: 11/23/1988 SALEPRICE: $100
ORBP. 2966/2268
DEED: QC - Quit Claim
SALE SCREENING: PT - Deed And Parcel Legal Descriptions Vary
SCREENING SOURCE:
PHYSICALCHANGE:
SALE TYPE: Vacant SAIE DATE: 03/04/1977 SALE PRICE: $45,500
ORBP; 1716/0716
DEED: WD - Warranty Deed/Special Warranty Deed
SALE SCREENING: PT - Deed And Parcel Legal Descriptions Vary
SCREENING SOURCE:
PHYSICALCHANGE:
Building Data
PROPERTY DATA CARD R 1
BUIIDINGTYPE: Commercial YEARBUILT: 1963
BUILDING USE: 0351 - Garden Apartments - 1 Story - 10 To 49 Units
BUILDING SUB -AREAS BUILDING EXTRA FEATURES
DESCRIPTION SQUARE -FEET DESCRIPTION UNITS
Base Area Floor 1 2,980 Paving: Concrete 200
Paving: Asphalt 4,200
Land Data
TOTAL.ACRES: 0.29 SITE CODE: 0001 - No Other Code Appl.
ABBREVIATED DESCRIPTION
rMlimW,bL .rNMWZPrinCp lsasp?WAcct=24336% 12
4142075 Brevard CW* Property Appraser - Map2- Properly D�is Report
PUT BOOK/PAGE: 0007/0003
SUBDIVISION: Avon By The Sea
DESCMMON: Lots 141$ Blk 21
htWh w.bpoo.u&Map2PrirtDd ts.mp[?tar 2432433039 22
CFN 2011216055, OR BK 6497 Page 116, Recorded 12/02/2011 at 11:28 AM, Mitch
Needelman, Clerk of Courts, Bravard County Doe. D: $532.00
umne. wMP1Mn ani.
FIRM COMIC4 ION
R I, Na d"d e
Pna]tyANO PENRNTO
Name. OONIi NMPIB ®INIe W RlpNµ IInE
And. ' g
, . fElt
FfOPmaNMaaePamtlNvmddcd
FORMIdmG(a
]La1.1.C6peaLF,pgNAaO
III LINE FOR N Facwn MTA WOEABINNeTRISUREFORWOORNINGOATA
This Special Warranty Deed, MadeandessmannI dayafrvewmtbEE2011,by721
CORPORATION; a Dissolved Florida Corporation, having is prmctpal place grInsame, a, P.O. Box 1715, Cape
Ge neoelnl, FL 31920, hereinafter called the Grmrtw, toANTOMO ROMANO, whasepast office adores is 79005
Orange Blossom Tra$ Odaudo, FL 32809, herein f7er called the Grences.
(erlbmvruaza Iwm Yelemo'(4G,vhY W tl�ardss'vWgyaia WMab Ntiiat,mN2eitltlwMK b$a nPYlnhNaa.iN YmVa ellrh."vNYL. e,tl M
Witnesseth, That the Graww, far sedan comidermion ofthe sum of$10 00 (fen and 00/100 DoHaI and other
valuable coni ersOom, receipt whersofir hereby a lauddledged by ehere presems does gram, bargain, se14 alien rem n,,
release, convey and conium ace, the Gramee all that certain land stmme in Brevard Caunty, Slate ofF7oride, vir.
Lots 14 end 15, Block 21, AVON -BY -THE -SEA, according to the plat thereof, recorded In Plat Book 3, Page(s)
7, of the Public Records of Brevard County, Florlda.
Together, wah all the hFu menie, hereditaments and appvramm ces thereto belonging or in adyn ee ap,nere awing
To Have and to Hold, the soma nt fee staple jorever.
And LIE Grantor hereby covermrus with said Gradee that the Granmr U lawfully seared ofsard land in fee simple, that the
Grador has good right and lawful authariry to sell and convey said landand hereby fully warramu the tide to said lard and
will defend the same agmen the lawju[ claims stall persons claieing by, through or and®said Gramw.
TAXESFOR THE MR 7012 AND SUBSEQUENT YEARS, RESTRICTIONS RECORDED RI THE PUBLICRECORDS AS
OFTBEDATEHEREOF,' RESERYATIONSAND EASF.MF.NISOFRECORD; AND COUNTYZONING REGUTATIONS.
In Witness Whereof, the said Gramw has caused Uwse,,O mads to be axessadm as name, ad is corporate seal to
be hereamo a0I by is proper pgicer Thera vao duly autharared the day aid yemfast above wrinea
THIS CONVEYANCE IS APPROPRIATE TO WIND UP AND LIQUIDATE THE
BUSINESS AND AFFAIRS OF THE GRANTOR.
SfimI seated and delivered In dor presence of 131 CORPORATION, a Dhsolwed Florida
Co nif (/
WaeRl 0 alpume
n CT atw Rubio MINI direrlar and president
STATEOF aTeXA5 COUNTYOF "AVIS
Thin 1IFEE np IMWMm vas edbavenaed before me Mia_jI of Nommbe,]a111,, Quedwoner ROdn KJOy, sole La Tor and
pi dbadt 1CORPORATION,aDloaclved Flodda CorporasonmOOMadttne CORPORATONORPARTNERSHIP.
(ChetlsdM:) Ltl SaM pemon(s) blare perw,ulY ImaMlm me.0 SaN paRonCs)tiIOVBedtlbiodowln9 Me or gendficaport TYPE OF
QENDF1CAMN
OR BK 6497 PG 117
.� F�_k1G-)1f- g�/ Ad
WRITTEN CONSENT OF DIRECTORS OF
121 CORPORATION
The undersigned, constituting the entire number of the board of directors of 121
Corporation (the "Corporation'), a corporation organized under the laws of the State of
Florida, hereby consent, pursuant to Section 617.0821, Florida Statutes, to the adoption
of the following resolutions and instruct the secretory of the Corporation to enter this
written consent on the minutes of the proceedings of the board of directors.
RESOLVED, Christopher Robin Kirby, as the sole director of the Corporation,
appoints himself as president of the Corporation effective immediately upon the signing
of this Written Consent.
FURTHER RESOLVED, the president of the Corporation is hereby authorized
on behalf of the Corporation to take such other actions as he deems necessary to
implement the foregoing resolutions, as conclusively evidenced by the taking of such
actions by him, including, but not limited to, the execution and delivery of any and all
documents, agreements, amendments, modifications, deeds, representations, warranties,
guaranties, indemnities, certificates, affidavits, closing statements and any other
instruments of my kind or nature whatsoever.
FURTHER RESOLVED, the terms and conditions of all documents to be
executed in conjunction with this written consent shall be determined by the president in
his judgment and discretion, and the execution and delivery of any such document or
instrument by him shall constitute conclusive evidence that the term and conditions
contained in said documents or instruments have been approved by him on behalf of the
Corporation.
FURTHER RESOLVED, any and all actions heretofore taken by hits consistent
with the foregoing resolutions are hereby approved, ratified and confirmed in all respects.
Deed this IY* day of / 2011.
Chri...her Roll' ,Personal
Representative o R ,e Estate of
Thurston Wesley Kirby (a/k/a
Wes Kirby)
Attachment #3
Change of Use Worksheet and Staff Analysis
350 Monroe Avenue
The Board of Adjustment may grant a change of use (used in conjunction with a
nonconforming structure and premises) from one nonconforming use to another
nonconforming use which is equally or more restrictive, equally or less intensive, and
equally or more compatible with the surrounding area.
All change of use recommendations and final orders shall be based on the following
relevant factors, including, but not limited to, whether the requested use:
a. Uses less space - the parcel that the current structure is on will be utilized
for the proposed townhouse construction. Square footage of the building
will increase from 2,980 to 4,868. The number of units will decrease from 10
to 5.
b. Has fewer employees - n.a.
c. Requires less parking - parking requirements will be reduced by five (5)
spaces from a required 20 spaces (ten units of apartments) to 15 spaces
(five townhouse units).
d. Creates less traffic - as the number of units is being reduced by 50 percent,
the corresponding traffic will also be reduced by approximately 50 percent.
According the ITE Manual, 81h Edition, apartments generate 6.65 daily trips
per dwelling unit while townhouse units generate 5.81 trips on a daily basis.
e. Has fewer deliveries -as the number of units is being reduced by 50 percent,
the corresponding deliveries would be anticipated to be 50 percent less.
f. Creates less noise -the corresponding noise associated within 50 percent
less units would be anticipated to be less. Also, as these units will be
owned by individuals, the noise associated with rental units will be
eliminated.
g. Creates a better benefit to the surrounding area than the previous use - the
current structure is in a serious state of disrepair and needs to be
demolished. This is having an adverse impact on the immediate area. The
construction of five new townhouses represents an investment of
approximately one-half million dollars into the neighborhood. The units will
be purchased as opposed to rented.
Is more acceptable with the existing and future use or make up of the area — the
state of the current structure is not acceptable and detracts/adversely
impacts the area. New construction will be a positive impact to the
neighborhood.
Is more normally found in a similar neighborhood —the neighborhood consists
of a mixture of single-family and rental units. The state of the current
structure is not typical of the neighborhood.
j. Creates less of an impact than the present nonconforming use — as indicated
elsewhere is this analysis, the impacts to the neighborhood as well as the
City and other service providers will be reduced due to the reduction of
units and the type of ownership.
Attachment #4
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