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HomeMy WebLinkAboutBOA Minutes 2-26-2015BOARD 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 1. Approval of Meetine 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. Quasi -Judicial and/or Public Hearing: Motion Rc: Request to Approve 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. Oshome 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; Staffs 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 Fars 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 Fars 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 Fars site/retention 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 Fars; there is a proposed driveway on the south side of the property connecting to A I 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 Fars 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; turning 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 Fars 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 AIA 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 parking lot, and three were left turn collisions where individuals were turning on to Hayes Ave, this area does not meet the designation of a high crash corridor; the crash data was obtained from Brevard County Sheriff's 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 ingresslegress off AIA to the proposed site; speed at which people drive on AIA; difficulty people have making a left tum out of Dollar General; there is no plan to have a "run-off'(decelemtion) lane for either of the entrances, there is only a `taper" planned at this point; FDOT 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 Emante, 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 near 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 8 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/concems 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 are 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. Zomek 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 size/location, 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, hW. 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. REPORTS AND OPEN DISCUSSION: Motion by Mr. Raymond, seconded by Ms. Brown, that the Board pass on the Reports and Discussion. The motion carried unanimously. ADJOURNMENT: There being no further business Mr. Eilau adjourned the meeting at 12:30 a.m. k., Page 8 of 8 2015.