HomeMy WebLinkAboutP&Z Agenda Packet 10-7-2015PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
OCTOBER 7, 2015
6:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL:
PUBLIC PARTICIPATION
Any member of the public may address any items that do not appear on the agenda
and any agenda item that is listed on the agenda for final official action by the
Planning & Zoning Board excluding public hearing items which are heard at the
public hearing portion of the meeting, ministerial items (e.g. approval of agenda,
minutes, informational items), and quasi-judicial or emergency items. Citizens will
limit their comments to three (3) minutes. The Planning & Zoning Board will not
take any action under the 'Reports and Open Discussion" section of the agenda.
The Planning & Zoning Board may schedule items not on the agenda as regular
items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: August 26, 2015.
2. Interview & Recommendation to City Council Re: Potential Board Members,
Albert Franks, Brenda Defoe Surprenant.
3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to Board of Adjustment Re: Special Exception No. 12-01 (Amendment) to
authorize a setback reduction of the outdoor display area in the C-1 zoning
district, per City Code of Ordinances, Section 110-334 (c)(8), Special
Exceptions permissible by the Board of Adjustment — A1A Beach Rentals,
LLC —Applicant - (6811 N. Atlantic Avenue).
4. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to City Council Re: Ordinance No. 00-2015, Amending Chapter 110, Zoning,
to Revise Article VII, Districts, regarding Automotive Service Stations — City
of Cape Canaveral - Applicant.
Planning & Zoning Board Meeting Agenda
October 7, 2015
Page 2
5. 4uasi-Judicial and/or Public Hearing: Consideration and Recommendation
to City Council Re: Ordinance No. 00-2015, Amending Chapter 110, Zoning,
to Revise Article VII, Districts, providing for Craft Distilleries — City of Cape
Canaveral - Applicant.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the Planning &
Zoning Board with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties
may attend this Public Meeting. The facility is accessible to the physically
handicapped. Persons with disabilities needing assistance to participate in the
proceedings should contact the Community Development Department (868-
1222, ext. 15) 48 hours in advance of the meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
August 26, 2015
A Meeting of the Planning & Zoning Board was held on August 26, 2015, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:00 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price
Lamar Russell
Ronald Friedman
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
OTHERS PRESENT
Kimberly Kopp
David Dickey
Todd Morley
Patsy Huffman
Chairperson
Vice Chairperson
Assistant City Attorney
Community Development Director
Economic Development Director
Board Secretary
PUBLIC PARTICIPATION:
Wally Darney, 230 Cape Shores Circle HE, Cape Canaveral, FL 32920
NEW BUSINESS:
1. Approval of Meeting Minutes — July 1 2015
Motion by Mr. Pearson, seconded by Mr. Russell, to approve the Meeting Minutes of July 1, 2015.
Motion carried unanimously.
2. Oussi-Judicial and/or Public Hearine: Consideration and Recommendation to City
Council Re: Preliminary Plat Approval — per City Code of Ordinances, Section 98-46
- City of Cape Canaveral — Applicant/Owner (100 Polk Avenue).
Mr. Dickey presented Staffs report/photos. Staff pointed out the current areas with the building
that was demolished, current Staff offices, which will be demolished, as well and the current
City Hall building. Staff explained the plat is required to have certain information and has been
verified by Staff and certified by a surveyor. Staff discussed the site plan to give background
information to Board Members. A `plaza" will be paver bricked or stamped concrete and
Planning & Zoning Board
Meeting Minutes
August 26, 2015
Pedestrian oriented. Public access to AIA on Polk Avenue will be eliminated. Board felt the
right -of --way area on Polk Avenue to be vacated needed to be clarified by using an "arrow" to
distinguish the area more clearly. Also, a request to have full size plans to study would benefit
all Board Members.
The property is zoned C-1. The overall project includes construction of a new 18,517 square
foot City Hall Facility located at the site of the former Community and Economic Development
Facility.
The proposed plat is needed to accommodate the following:
• Inclusion of vacant parcels to the north,
• The developed parcel to the east (I 10 Polk Avenue), and
• Vacated portion of the Polk Avenue right-of-way. Resolution No. 2015-10 was
approved by City Council on August 18, 2015, vacating this portion of Polk Avenue
right-of-way.
Chapter 98, Article Il of the City Code spells out the process by which the City will review and
approve a preliminary plat. In general, the process consists of three steps:
1. Staff conducts pre -application meeting with applicant to determine if application is
adequate. This was done through the Development Review Committee.
2. Planning and Zoning Board holds a public meeting and makes a recommendation.
3. City Council holds a public hearing and takes final action on the request.
The plat process consists of the preliminary and final plat, both of which require Planning and
Zoning Board and City Council review.
Section 98.41 of the City Code outlines the required information that must be submitted as part
of the application of preliminary plat approval to include:
a) A completed application
b) Topographic survey
c) Aerial photograph of the tract
d) Filing fee (has been waived)
e) Current title opinion
City Engineer John Pekar has recommended approval.
Discussion ensued about green space/landscape requirements; preserving some of the trees
currently on-site; the site plan process; stormwater; vaults and their location. Staff addressed
the agenda packet page by page per Board's request.
Staff recommends that the Planning and Zoning Board forward its approval to the City Council.
Planning & Zoning Board
Meeting Minutes
August 26, 2015
Discussion ensued between Board Members and Staff to include an estimated time for the
project to be complete (January 2017); funding; the Library parking lot, parking will increase;
no increase in taxes for the Residents and how the current City Hall will be utilized.
Mr. Price opened the meeting to the public.
Mr. Damey wanted to know the life of the building to which Mr. Morley responded 100 years.
He asked what the setbacks are to which Staff responded 15 feet and whether there was any
consideration to expanding the lanes of AIA. Staff indicated the plan was to make
improvements, not expand.
Motion by Mr. Friedman, seconded by Mr. Pearson to recommend approval to City Council. Vote
on the motion carried unanimously.
REPORTS AND OPEN DISCUSSION,
Mr. Kittleson explained the rules for vacation rentals and the need to put further restrictions in
the City Code; how to enforce the rules; reaching out to other jurisdictions and how property
values are being affected. Mr. Price asked Assistant City Attorney Kopp for direction to which
she replied that Board Members could direct Staff to research this issue and make
recommendations. Mr. Friedman spoke of losing revenue and recommending to City Council
to hire additional staff to help with this issue. Mr. Friedman suggested stricter enforcement and
additional fines.
ADJOURNMENT:
Motion by Mr. Friedman, seconded by Mr. Pearson to adjourn the meeting at 6:44 p.m. The vote
was unanimous.
Approved on this _ day of
John Price, Chairperson
Patsy Huffman, Secretary
2015.
f'
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name:AL3ER J f=P.p,NKf �R
2. Home Address:_ It7-&\(SCnE DAIVF (14'p'r (,'tst),ld/Eprtt. 3t qiu
3. Horne and Cellular Telephone:[[} 3,2-1 — C 13 - aft -1 (r--) 407 L S'7- C G B'1
4, Occupation: I( -n6t4 2 ( -a, Eft?rf± &8Qwjr -rL
5. Business Telephone: N/A
6. Business Address: N�Q,
7. E -Mail: it, ou, Co to
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory (ward or committee.
1. Are you duly registered to vote in Brevard County? (Y) _IK_ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) k (N)
3a. Are you a Business owner: (Y) _ (N) k
3b. If yes to 3a, please list the name: N 1>6
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) _ (N) k
4b. If yes to 4a, have your civil rights been restored? (Y) _ (N)
53. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) _ (N) _ s
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being_ ATF -
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
Performed on you by the City of Cape Canaveral? (Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage?
(Y) (M _L
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your Interest in serving on a City advisory board or committee:
Y ftn, 17., rrQctZs=7J ru yr d' .r 'e'k' LT7F'* E'
e -k PW i ;"p Cy' ILl f r r ♦r T-jQ- C ( ids F Z-Z,4r
�-pcYastua�r
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. X
Board of Adjustment'
b. _
Business and Economic Development Board'
C. _
Code Enforcement Board'
d. _
Community Appearance Board'
e. _
Construction Board of Adjustment and Appeals'
I. _
Culture and Leisure Services Board
9 —Library
Board
h. _(_
Planning and Zoning Board'
I.
Other:
'Members of these boards are required to complete and rile with the supervisor of flections a
Financial Disclosure Form upon appointment to said board and prior to July I of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
Pc4-1 Lr sic ,Qex cy
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that PLf4you feel rf tquhelp to alify you for membership on the desired board or committee.
r¢ �Kf y
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE
GENDER
African-American
_� Male
Asian -American
Female
Hispanic -American
Not Known
Native -American
X Caucasian
DISABILITY
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature: Date: A, f- -5 zo 1S
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
v
Date application received: / /5
Dale Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
ALBERT J. FRANKS
RETIRED CERTIFIED REAL ESTATE APPRAISER
792 BAYSIDE DRIVE
CAPE CANAVERAL, FLORIDA 32920
407-687-6637
Albert J. Franks is a graduate of Rider University where be specialized in Real Estate. He
graduated from Rider University Evening Division with an Associate in Arts Degree in January, 1970 and
he earned his Bachelor of Science Degree in September, 1971.
He was licensed as a Real Estate Sales Representative in 1968 and received his Broker's license
in February, 1974. He has been an approved instmctor of the State of New Jersey for the Real Estate
Licensing course and was a member of the faculty of the Real Estate Preparatory School. He was
approved by the New Jersey State Deparhnent of Education as an instructor in Real Estate Appraising.
From 1983.1986 he was a Project Manager for the conversion of 800 apartments to
condominiums for General American Real Estate and Development.
He relocated to Florida in 1995 and is a retired State Certified Residential Appraiser.
Listed below are the Real Estate courses he has amended and a list of the professional
organizations of which he is a member.
EDUCATION:
RIDER UNIVERSITY
Real Estate Principles
Real Estate Financing
Real Estate Appraising
Land Economics
NATIONAL ASSOCIATION OF INDEPENDENT FEE APPRAISERS COURSES
Financial Analysis of Income Properties
Introduction to Income Property Appraising
Professional Standards of Practice
Concepts, Terminology and Techniques
Market Abstraction Review
Report Writing of Residential Real Estate Appraising
Residential Review Appraising
Condemnation Appraising
Albert J. Franks resume
Basic Residential HUD Appraisal Requirements
Construction and Development of Residential Real Estate
Professional Standards of Practice
Residential Cost Approach
Commercial Cost Approach
FHA Appraisals and Changes
SOCIETY OF REAL ESTATE APPRAISERS COURSES
Introduction to Appraising Real Property
Applied Residential Valuation
Narrative Report Seminar
ORGANIZATIONS:
COCOA BEACH REGIONAL CHAMBER OF COMMERCE 2015 -PRESENT
BAYSIDE CONDOMINIUM BOARD OF DIRECTORS 2012-2013
CO-FOUNDER CHRISTMAS BIKE PROGRAM
PRESIDENT, 2001-2012
BOARD OF DIRECTORS, 2012 -PRESENT
501(C)3 CORPORATION DONATING NEW BIKES TO
UNDERPRIVILEGED CHILDREN AT CHRISTMAS
CITY OF OVIEDO REGIONAL CHAMBER OF COMMERCE 1995.2012
CHAMBER PRESIDENT 2001.2002
CITY OF OVIEDO LAND PLANNING BOARD 2000-2002
SEMINOLE COUNTY HABITAT FOR HUMANITY BOARD OF DIRECTORS 2000-2002
CITY OF OVIEDO BOARD OF ADJUSTMENTS, VICE CHAIRMAN 1998-2000
Albert J. Franks resume
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2.171, Cap. Carousal Code
City Code requires prospective and exlsft board members to fill out an application. City Code also
Prohibits a Person from eerymi; on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. APPiloam Name: QENDd. 1 )EFOi �tt klf 2EA1AAlT
2. Home Address: A l" W"APOISMRD CAPE CA 1 A do 0LAL32q 20
3. Home and Cellular Telephone:. Qfj�{ ll4JJ Q y� s{
4. occupotwn:SduoklG bEcILhl�fl�
S. Business Telephone:
6.
7.
Business Address:
E -Mail: 111LENDA . DEF" coMAIL
COM
B.
ELIGIBILITY
The Information provided In this section is for purposes of determining
serve on a City advisory board or committee.
whether you are eligible to
1.
Are you duly registered to vote In Brevard County?
(Y) % (N)
2.
Have you been a resident of the City of Cape
Canaveral for 12 months longer?
or
(Y) (N) _
3a.
Are you a Business owner:
(Y) _ (N)
3b.
If yes to 3s, please Ilei the name:
4s.
Have you ever been convicted or found guilty, regardless
of adJudication, or a felony In any Jurisdiction? Any plea
of nolo contendere (no contest) shalt be considered a
conviction for Purposes of this question.
(Y) _ (N)
4b.
If yes to 4a, have your Civil rights been restored?
(Y) _ (N)
5a.
Do yqu presently serve on any other City of Cape
Canaveral advisory board or committee?
(Y) _ (N) d
5b.
If yea to 58, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being _ {_
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
Performed on you by the City of Cape Canaveral? (Y) _ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, of maniage? (Y) _ (N)
7b. If yes to 78, please Provide name(,) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
T99QNAL'1?'40e CcrnruAj INV ST -M5 7 1 1
-LAU C,AWAVfiQAI-
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
Board of Adjustment'
Business and Economic Development Board'
Code Enforcement Board'
Community Appearance Board*
Construction Board of Adjustment and Appeals'
Culture and Leisure Services Board
Library Board
Planning and Zoning Board'
Other:
'Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July f of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
D. STATE REPORTING REQUIREMENTS SksI��NA��LC(y
Section 760 80, Florida Statutes, requires that the City annually submit a report to the Secretary o1
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE
GENDER
African-American
Male
Asian -American
_�
Female
Hispanic -American
Not Known
Native -American
Caucasian
DISABILITY
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature: Date: S.1,31112 -01S
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For O Use Only:
Date application
cation received:
t
Data Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
BRENDA DEFOE SURPRENANT
Every level of the
human experience,
seeks to find beauty
in something;
something to
feed not only the
mind or the spirit,
but the physical
environment. Thus,
urban planning
& design is the
art of creating
beauty in the built
environment.
SKILLS
Graphic Design
Urban Planning 6 Sustainability
Project Management
Digital Asset Management
PHONE 954 478 6774
EMAIL brenda.deloe@gmalLcom
EDUCATION
MASTER OF ARTS / URBAN AND REGIONAL PLANNING
University Florida
Gainesville, Florida
Expected Graduation. Spring 2016
BACHELOR OF FINE ARTS / GRAPHIC DESIGN
University Of Central Florida -
Orlando. Florida
Graduation 5/2006
EXPERIENCE
ECONOMIC DEVELOPMENT/SUSTAINABILITY INTERN 6/2015 - PRESENT
City of Cape Canaveral / Cape Canaveral. FL
GRAPHIC DESIGNER 312011- PRESENT
Wyndham Vacation Ownership / Orlando, FL
FREELANCE GRAPHIC DESIGNER 2011- 2012
Scholastic Book Fairs / Lake Mary, FL
FREELANCE GRAPHIC DESIGNER 912010 - 3/2011
Wildcat Territory, Cancerl01 & Cline Davis & Mann / New York, NY
GRAPHIC DESIGNER 6/2007- 7/2010
Progressive Communications / Lake Mary. FL
GRAPHIC DESIGNER 9/2006 - 5/2007
Orange County Government Parks and Recreation / Orlando, FL
PRODUCTION DESIGNER 1/2006 - 8/2006
UCF University Marketing / Orlando, FL
QUALIFICATIONS
Research Experience
Presentation Creation
Project Management
ArcGIS
Adobe InDesign
Adobe Photoshop
Adobe Illustrator
Microsoft Office
Nik SoftwareNiveza
Typography/Print/Design
N•, City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 010/7/2015
Item No. _S
SE No. 2012-01 toreduce the front setback requirement nof he toutdoor display area —
6811 N. Atlantic Avenue (A1A Beach Rentals, LLC)
Zoning/Future Land Use: C-1
Summary: This application is to amend Special Exception No. 2012-01 which
authorized the establishment of A1A Beach Rental at 6811 N. Atlantic Avenue (see
attached location map —Attachment #1).
On April 5, 2012, the City Board of Adjustment approved Special Exception No. 2012-
01 to allow a retail store and the use of outside display areas in the C-1 zoning district
per Sec. 110-334(c)(8) of the City Code. The approval was conditioned as follows:
1. The display area shall be limited to 446 sf in total area;
2. The display area shall be in substantial accordance with the attached site plan
that depicts the location of the display area(s);
3. Display shall be limited to beach rental equipment to include: surfboard, paddle
boards, bicycles, canoes, kayaks, and a canoe/kayak trailer; and
4. All rent
hal equipment/display is to be brought inside the building after operating
ours with the exception of the licensed canoe/kayak trailer.
The .72 acre parcel contains a 3,500 square foot building which also houses the Euro
Cafe and Flip Flop Pool and Spa Supplies. The property is accessed by two driveway
cuts onto A1A (see attached site plan —Attachment #2).
Surrounding zoning:
North — C1
South — C1
East — C1
West — C 1
Surrounding uses:
North/West — Cocoa Palms Mobile Home Park
South — Rental Car Facility
East — Yogi's Food/Liquor Store
The request under consideration is to amend Condition #2 of the approved Special
Exception. As indicated in the attached application, the applicant is requesting that the
condition be amended to allow the display area under/adjacent to the existing pole sign.
This would have the effect of reducing the setback to zero as the sign is located on the
rinhf-nf-wuvrnn.—. . i;--
Planning and Zoning Board Meeting Date: 10/7/2015
Special Exception No. 2012-01 (Amendment)
Page 2 of 2
Currently, the display area is setback 50 feet from the A1A right-of-way line as required
in Condition #2. This requirement resulted from Sec. 110-536 (1) and Sec. 110-
334(c)(8) which states that an outside display area associated with a retail store must
meet the same setbacks as the principal building.
However, with the recent expansion of the EOOD (which included this property), the
setback requirement from the A1A ROW has been reduced from 50 feet to 15 feet. It is
Staff's recommendation that the setback requirement for the outdoor display area be
reduced to 15 feet, as required by the EOOD (Attachment #3). This would be consistent
with how other businesses that utilize outdoor displays have been treated and would
allow the placement of displays within the grassed area directly in front of the principal
building.
#1 — Location Map
#2 — Site Plan - Current
#3 — Setback Diagram
#4 - Staff Analysis and Worksheet — Sec. 110-39(c)
#5 — Soecial Exception No 2012-01 Annliratinn P„
I no W btatt recommends that the Planning and Zoning Board take
following action(s):
Recommend approval of an amendment to Special Exception No. 2012-01 to the
Board of Adjustment, subject to the following conditions:
1. The display area shall be limited to 446 sf in total area;
2. The display area shall be setback a minimum of 15 feet from the A1A right-of-
way line;
3. Displays shall be limited to beach rental equipment to include: surfboard, paddle
boards, bicycles, canoes, kayaks, and a canoe/kayak trailer; and
4. All rental equipment/display is to be brought inside the building after operating
hours with the exception of the licensed canoe/kayak trailer.
Droved by the CD Director: David Dickev Date: 9/29/2015
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Attachment #4
Staff Analysis and Worksheet —Sec. 110-39(c)
Special Exception No. 2012-01 (Amendment)
All special exception recommendations and final decisions shall be based on the
following criteria to the extent applicable:
1. Land Use and Zoning
a. Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, the subject property in situated in the N. Atlantic Avenue commercial corridor.
The proposed amendment is a continuation of the commercial development pattern
in the area and is consistent with the Future Land Use Element of the
Comprehensive Plan which seeks to ensure the proper relationship among various
land uses (Coal LU -1).
b. Is the requested SE consistent with the intent of the zoning district in which it is
sought? The proposed amendment is consistent with the Gl zoning district as
defined in Sec. 110-331 of the City's Code, which states (underline added):
The requirements for the C-1 low density commercial district are
intended to apply to an area adjacent to major arterial streets and
convenient to major residential areas. The types of uses Permitted are
intended to serve the consumer needs of nearby residential
neiehborhoods, as well as the commercial needs of the motorist Lot
sizes and other restrictions are intended to reduce conflict with
adjacent residential uses and to minimize the interruption of traffic
along thoroughfares.
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
Proposed amendment is consistent with applicable zoning standards as contained in
Sec. 110 of the City Code.
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 proposed amendment
is consistent and compatible with adjacent uses. The subject parcel is within a much
larger GI district that represents the City's main commercial corridor. The property
is located on SR AIA, which is the main north -south route through Brevard
County's coastal communities.
b. Will the scale and intensity of the proposed special exception be compatible
and harmonious with adjacent land uses? Yes, see response to 1 a. above.
c. Will the traffic volume and type adversely impact land use activities in the
immediate vicinity? Na. Traffic will primarily be passenger vehicles, with
intermittent truck traffic to supply the store with goods.
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.
e. Will there be adequate screening, buffers, landscaping, open space, off-street
parking, other similar site improvements to mitigate any adverse impacts of the
special exception? Yes.
f. Will the size and shape of the site, the proposed access, internal circulation,
and design enhancements be adequate to accommodate the proposed scale
and intensity of the special exception requested? Yes, seethe 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. Display areas will be required to stay out of the visibility triangle.
h. What are the hours of operation and how will they impact surrounding
properties? Typical business hours.
3. Traffic and Parking
a. Is there adequate off-street parking? Yes, rhe site plan includes the number of
parking spaces as required in Sec. 110-491 of the City's Code.
b. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? Yes,
the property is accessed by two driveways onto SR AIA.
c. What type and how much traffic will the special exception generate? The
proposed amendment will have negligible impact on traJfu generation.
d. Are there adequate loading and unloading areas? Yes.
4. Public Services
a. Are adequate utilities available? Location and capacity. Yes. Public utilities
are available to the site.
b. Will the proposed special exception create any unusual demand for police, fire,
or emergency services? No.
c. Will the proposed special exception have an adverse impact on public
services, including water, sewer, surface water management, parks and
recreation, streets, public transportation, marina and waterways, and bicycle
and pedestrian facilities? No.
d. Are there adequate refuse facilities for the proposed special exception and is
the dumpster properly located and screened? Yes.
5. Miscellaneous Impacts
a. Will the proposed special exception have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation, wildlife, open
space, noxious and desirable vegetation, and flood hazards? The proposed
amendment will have no adverse impact on the natural environment.
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. As this request only involves
the relocation of the display area, no adverse impact to known cultural or historic
resources is expected
c. Will the proposed special exception have an adverse impact on the local
economy, including governmental fiscal impact, employment and property
values? No.
d. Will the proposed special exception have an adverse impact on housing and
social conditions, including a variety of housing unit types and prices, and
neighborhood quality? No.
Attachment #5
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
APPLICATION PACKET
Instruction sheet..................................2
Submittal Checklist ..............................2
Information Sheet...............................3 & 4
Worksheet........................................5, 6 & 7
Radius Package Instructions.................8
PD- Special Exception Application - 101411 Page 1
City of Cape Canaveral
SPECIAL EXCEPTION
Instruction Sheet
A pre -application meeting with the City planner Is required prior to completion
and submittal of a Special Exception application.
The Special Exception application shall be prepared in compliance with the
requirements of Chapter 110, Sections 110-38 8 110-39 of our code. To access our
code visit wwwcitvofcaoecanaveraloro; from (tie homepage select City Code of
Ordinances; and click on the link to municode.com.
You and/or representative are required to attend the meetings at which your request will
be considered. You will be notified of the dates and times of meetings. Meetings are
held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal the application will not be
accepted.
Special Exception Application Submittal Checklist
1._Completed Information Sheet
2. 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) 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._Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
6._Copy of recorded deed or Opinion of Title for subject property.
7. Certified survey or site plan (scaled drawing of subject property depicting
boundaries, all structures, and parking.
PD - Special Exception Application - 101411 PaEe 2
City of Cape Canaveral
SPECIAL EXCEPTION
Information Shoot
Description of Request: (Insure that the specific code sections of the zoning ordinance
that allow and support your request are noted). If neoessarv- attach sanaraM sham
Address of requested Special Exception: �S)\ /V. {^' la"A.0 AV-(
Name of Project (if applicable): l O�e('o,�,pr' /N( $s
Legal description: Lot(s)_Block' Subdivision
angeFSection L Township ay5 Range—
Future
uture Land Use and Zoning designations: L� COMM
Owner and Applicant Information:
I am the property owner.
I am a tenant. (Attach notarized letter of authorization).
_ I am authorized \agent other than a tenant: (Attach Written Power of Attorney)
Owner(s)Name: V'�d�tn10. �6erw{ln
Mailing Address: RD. 6vpr Ctvay-f PA l 3aoW -0`/7
Phone number(s): 4/3a -- S S oo ar
Authorized Agent Information (if applicable): /
t d J
Name of Authorized Ageno, L -An e
Mailing Address: S6l N+t
Phone number(s): 3,;1-/ 05 -/7�� �
Emaillsl• COn'�9.Lt� P.c'�a_Tr,nfCn'{n.��. CDly.
PD - Special Exception Application -101411 Page 3
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet - Cont'd
I hereby attest that all information, sketch and data contained and made part of this
request are honest and true to the best m owledge and belief. '
Signature of Applicant:
State of Florida /� Q
County of t y t:VA (fj
Sworn to and subscribed before me on this day of
2011 by
known, or ❑ produced W. - Type of
Signature of Notary:
Notary Seal:
❑ who is personally
PD - Special Exception Application -101411 Page 4
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet
An applicant for a Special Exception is required to meet with the Planning Director prior
to completing and submitting the application. The following worksheet will be used to
evaluate the requested Special Exception.
A Special Exception is a use that would not be appropriate generally or without
restriction throughout the zoning district, but which. if controlled as to number, area,
location, etc. would be appropriate. A Special Exception will promote the public health,
safety morals, order, comfort, convenience, appearance, prosperity or general welfare
of the neighborhood community.
It is the applicant's responsibility to make a case for the requested special exception
and this worksheet is the criteria by which the Planning & Zoning Board will make Its
recommendation and Board of Adjustment will make its determination.
Nature of Special Exception
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe
the Special Exception requested.
Impact to surrounding propertles
1. Is the proposed special exception compatible and harmonious with pro riles and
uses in the surrounding areal7 Explain why. y� j - ; he cemMerc.'a P(,hr ty i t.?
need �o ;m rove vi Si n l �� It r n $ hd r %
2. Will the scald intensf�y oPthe prop�sad�Reciat exception be com�npatible and
harmonious with jant and uses? )'i'sJ , S a Shall 5(pdcj $Ir*l l
niYrS �� re�Yt; I/ .
3. Will the trrffiffic genera oluo fe nd adversely impact land 1u agtivto irk �(
the immediate vicinity?1 fF ba (p�} f �$ N I.iY!' �7;K� �+''QaCi tr- t:
{tel�ah''se �Je�kuu'.� W vs ;b av4 /
4. Will posed spedalvk peon create any adverse impaUs to other properties
In the surrounding area? Address the creation of noise, light, vibration, odor, trafQc
stormwater runoff, or other offsite imparts? Np k»ewn ",% pets Arc 6pUVf{,
5. Will there be adequate screening, buffers, landscaping, and open space, etc. to
mitigate any adverse impacts of the SE? -J Is S � regvcsf i's /a Impt't<
Otlr bys�ress vi's16' {,fw tkc ccs4owotr eretS %oeea 1 �
And 4*ke.s {sial'- IDV s11( r 5 elsew�+crc .
PD - Special Exception Application - 101411 Page 5
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet — Cont'd
6. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the SE requested? NO 46' d h &J%pnuw-� o I,e req VI,tri
7. Are signs and exterior lighting designed and located so as to promote traffic sat ty
and to minimize any undue glare or incompatibility with adjoining properties? N k
8. What are the hours of operation and how will they impact surrounding properties
Traffic and Parkins
9. Is there adequate off-street parking? WS
S
■La
10. is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? YL -5 L
11. What type and how much traffic will the SE generate? 1� S & 5j001( "/7(rowf &SrneSs T
)rt{v w r PO4.5 rot.
12. Are there adequate loading and unloading areas?N/
Public Services h
13. Are there adequate utilities available including location and capacity? /J/h
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services? No,
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? A/b,
16. Is there adequate r9fuse facility for the use and is the. dumpster properly located
and screened? N/d
Miscellaneous Impacts
17. Will the proposed SE have an adverse impact on the natural environment, including
air, water, and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards? NO
PD- Special Exception Application - 101411 Page 6
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet — ConPd
18. Will the proposed SE have an adverse .impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? No �,,VL�
19. Will the proposed SE have an adverse Impact on the local�o y irycluding
governmental fiscal iymppact, emplo-yjment and prc lrty values? _ �Qr
20. Mile p
proposed speGel exception pthaveran adlAe �mpact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality? Nb ,
PD - Special Exception Application - 101411 Page 7
Special Exception Addendum
Outdoor Retail Display Re -positioning Request
Action:
AIA Management LLC of 6811 N Atlantic Ave, Ste C, Cape Canaveral is
requesting consideration for a re -positioning of its current special exception
for outdoor retail displays.
Purpose:
Company revenue generated from drive by traffic has improved little from
the time of our granted special exception for an outdoor display. We are
seeking approval for a re -positioning of the outdoor retail display area
closer to the road so that beach -going traffic can see and identify our
presence before its too late, thereby resulting in an improved competitive
advantage over similar businesses in Cocoa Beach.
Views to our current outdoor retail display area are blocked by the presence
of a community pool and privacy fence on the property immediately to the
north (bear in mind it is southbound traffic that we are interested in)
making our display only visible to passersby's just moments before our
driveway. Any interested customers, must find a safe and convenient turn-
around to come back to our location, or proceed to the next competitor of
ours inside the city of Cocoa Beach.
Visual Aids:
This picture below is taken from the very point at which our display is
visible from the road to vehicular traffic. While it is a good view, keep in
mind traffic is going 48mph here. Our driveway is 1/2 second away at this
point:
Now, below is the view of our shop a mere 2 seconds later for traffic driving
at the posted 45mph. Note the vehicle is entirely past the property and
must find a safe and convenient place to turn around if they wish to stop at
our shop instead of continuing into Cocoa Beach to conduct business with a
competitor:
My proposal of moving the permitted area of outdoor retail display towards
the road will significantly increase the time for vehicular traffic to identify
our business and decide if they want to slow down and make an entry. This
action will increase business revenue as has been verifiably demonstrated
prior to code enforcement actions against us. Below is a picture taken 5
seconds prior to the first picture above. 5 seconds is sufficient time for out-
of -town visitors identify us and make a decision to pull over and do
business in the city of Cape Canaveral:
The proposed aro for re -positioning of the outdoor retail display is
immediately un er our sign, which is visible in the picture above in the
distance as the ectangular white sign. The specified area of interest is also
highlighted oy the attached property survey.
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CRY of Caps Canaveral
SPECIAL EXCEPTION
InformaRon Sheet Ab
OesarfPtlon of Request: (Insure that the �'�-b'
that allow and supportspecific code sections attach
of the zoning ordinance
Your request are noted). R necessary, separate sheat.
n
Nsme of pro)act (If applicable): AIA nrl �15 L1.0
Legal description: Lots) '9 BW Subdivision
Section _ 9.5 Township R45 Range 3%E
Future Land use and Zoning deslprratlons; (!'-i''1 �C'rRC
Owner and Applicant Information:
_ I am the Property owner.
am a tenant (Attach notarized letter of authorb2don).
I am authorized agent other than a tanant (Attach Writsrn Prover of Attorney)
Owner(s) Name:
ingy
MellAddress: �P. 0, &X 'q"" Dawe Canaueral f=L. s2 rygn7
Phone number(s):_(3,21 q !&- 5_500 or (S2�43R-Wj&q
aeof dtlaeNmAud
Melling Address: 6tsl I N AH ,qty Ung t C t� d,�P
Phone nun"r(a>: L 3o5-7y37.t'
it]
315
Page 3
City Of Cafe Canaveral
SPECIAL EXCEPTION
Irdormatton Sheet —Courd
1 hereby attest that all information, sketches and data contained and mads part of this
request are honest and true to th a ulowledgo and belief.
SigneWre of Appliraa
State of Florida
County of 8ra u.itf
Swom to and subspbed before me on this 15 day of afi u,
iz
20" cx„rzI ❑ who Is personally
known, or P pproduosd i.d. -Type of kd. a D wrJ L. c"s;_
SignaWre of Notary.
7�
Notary Seal:
=v-maygmm-
I'D
�-
-Special ihrception AWicadon -101411 POP+
city of Cape Canaveral
SPECIAL EXCEPTION
Worksheet
(To be completed by the Applicant)
An applicant for a Special Exception is required to meet with the Planning Director prior
to completing and submitting the application.
A Specie/ Exception is a use 0121 would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area,
location, etc. would be appropriate. A Special Exception will promote the public health,
safety morels, order, comfort, convenience, appearance, prosperity or general welfare
of the neighborhood community.
With this definition in mind, completely and fully ansvrer all questions. An application is
not considered complete and will not be accepted until all questions are fully answered.
M is the applicant's responsibility to make a case for the requested speck/ exception
and this worksheet is the aitena by which the Planning & Zoning Board will make its
recommendation and Board of AdArsrmend will make its datermination. Use a separate
sheet of paper to provide complete answers.
Nature of Special Excention
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, architectural renderings, photos, etc. as necessary to filly describe the Special
Exception requested.
Impact to surrounding properties
1. Is the proposed special exception compatible and harmonious with properties and
uses in the surrounding? Explain why. ✓es �7C1 � �lpte r $ r �
2. Will scaleintensity of the proposed special exception be compatible and
harmonious with adjacent lard uses? ye S
3. Will the traffic generated, volume and type, adversely impact land use activities in
the immediate vicinity? JVQ
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 offsde impacts? fflO
5. Will there be adequate screening, buffers, la dscaping, and open space, etc. to
mitigate any adverse impacts of the SE? N� �/i cre r„r;1� bL pp p,�Ve C, Z
l'n 3.
PD - Special Exception ApplLwLion - 071811 -- _ -pgge 5
Gty of Cape Canaveral
SPECIAL EXCEPTION
Worksheet - Cont d
6. Will the size and shape of the site, the proposed access, internal circuIston, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the SE requested? yes
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? t/ec,
8. What are the hours of operation and Crow will they impact surrounding properties? Xr/A
Traffic and PwWno
9. Is there adequate off-street parking? V( S
10. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flaw, and emergency access?Y S
11. What type and how much traffic will the SE generate? b6 S Tl PT `;C 4 I-
Ptrl
12 Are there adequate loading and unloading areas? XF
Public Services
13. Are there adequate utilities available including location and capacity? N/A
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services? NO
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? //b
16. Is there adequate refuse facility for the use and is the dumpster property located
and screened? N
Miscellaneous Impacts
17. Nil the proposed SE have an adverse impact on the natural environment, indudirng
air, water, and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards? NO
I'D -special ExceptlonAppiiatlon•071611 ��— �pose6
City of Cape Canaveral
SPECIAL EXCEPTION
Viloricsheet — Conf°d
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cWtural and
historic resources? N,Z)
1g. Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? nr'0
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? N()
PD- Special Exception Application -071811 �� Page
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I. To improve, tmuge, pima, atbdivida teal maobdiriea the and ewle, or any
Pan dtriwp
2. 7b dedtoate pada, seises, hloterays or alloys, and t0 MM any aubd vkIDN or
Part thereof;
3. 7b cmbw to rel or tadattge; In gram opd m to pmataae;10 NU m
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turd to convey, dow with or wwww comwadon for the row propmmy
trod and to STot oo OMM he real
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5. To donate, to dedicate, to mortgage, or otherwise encumber, the seal estate or any
Pan thercof;
6. To lease the rent earme, or any part Ihermf, in possession or reversion, on any
leans end for any period, or periods, of time, end to renew, or extend lotus on any terms ed
for any periods of time, and to amend, change m modify ouch teeter end the teams and
provisions thereof•,
7. To contract to M'b leases and to grant options b lease and options No row,
leases and options so pumbue the whole, or any put, of the reversion, and 10 conhna
reenacting the manner of rising the amount of presem or future renals;
To execute grants of eaoemenu or choger of any find;
9. To release, convey or aslign any right, title or interest in or about or eammem
appurtensm b the Fell Wine, or any pan Iheneof;
10. To deal with the title to the real estate, and every part thereof, in any way and
for such Consideration as would be lawful for any person owning the title to the real want, 10
deal with it, whether similar to or different from the ways above spmified.
In no cele shell any perry dealing with Trustee in relation to the NOW Wute or to whom
the read estate, or Any peri thereof, is conveyed, contracted to be sold, leased or mortgaged by
I
he Trustee be obligated to see to the application of any purchase -money, rent, or money
borrowed or advanced on Ike real Where, or be obllged to see that the terms of the trust have
been compiled with or be obliged to Inquire Into the necessity or expediency of any act of the
Trustee, or be obliged or privileged to inquire into any or the terms of the Trust, Every deed,
trust deed, mortgage, lease or other Instrument executed by Trustee in relation to the real estate
shall be conclusive evidence in favor of every person relying upon or cldming under my such
conveyance, leue or other instrument, (e) that at the time of the delivery thereof, she hug
created by the Trust was in full force and effect, (b) that such conveyance or other Instrument
was executed In accordance with the tnur, conditions, and limitations contained herein and in
the Trust , or in the amendments thereof, and binding on ell benefic lutes, (c) the Trustee was
duly authorized and empowered to "mute and deliver every such deed, trust deed, lasse,
mortgage or other ingrumem, and (d) If the conveyance is made to a success”, or successors,
in cost, that such a"DINIS r, or su=sms, in trust have been properly appointed and Are fully
v"ted with all of the title, estate rights, power, authorities, duties, and obligations of its, his,
or their predecessor In trust.
Any contrnet, obligation or indebtedness incurred or entered into by Trustee in connection
with the real estate may be entered into by it in the name of the then beneficiaries, As their
attorney in fact or, at Trustee's option, in its own name AN Trustee of an express ern and scot
individually. Trustee shall have no obligation whatsoever with suspect to any such commm or
the like except only co fu u the trrg property and funds in the actual possession of Trustee are
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5. To donate, to dedicate, to mortgage, or otherwise encumber, the seal estate or any
Pan thercof;
6. To lease the rent earme, or any part Ihermf, in possession or reversion, on any
leans end for any period, or periods, of time, end to renew, or extend lotus on any terms ed
for any periods of time, and to amend, change m modify ouch teeter end the teams and
provisions thereof•,
7. To contract to M'b leases and to grant options b lease and options No row,
leases and options so pumbue the whole, or any put, of the reversion, and 10 conhna
reenacting the manner of rising the amount of presem or future renals;
To execute grants of eaoemenu or choger of any find;
9. To release, convey or aslign any right, title or interest in or about or eammem
appurtensm b the Fell Wine, or any pan Iheneof;
10. To deal with the title to the real estate, and every part thereof, in any way and
for such Consideration as would be lawful for any person owning the title to the real want, 10
deal with it, whether similar to or different from the ways above spmified.
In no cele shell any perry dealing with Trustee in relation to the NOW Wute or to whom
the read estate, or Any peri thereof, is conveyed, contracted to be sold, leased or mortgaged by
I
he Trustee be obligated to see to the application of any purchase -money, rent, or money
borrowed or advanced on Ike real Where, or be obllged to see that the terms of the trust have
been compiled with or be obliged to Inquire Into the necessity or expediency of any act of the
Trustee, or be obliged or privileged to inquire into any or the terms of the Trust, Every deed,
trust deed, mortgage, lease or other Instrument executed by Trustee in relation to the real estate
shall be conclusive evidence in favor of every person relying upon or cldming under my such
conveyance, leue or other instrument, (e) that at the time of the delivery thereof, she hug
created by the Trust was in full force and effect, (b) that such conveyance or other Instrument
was executed In accordance with the tnur, conditions, and limitations contained herein and in
the Trust , or in the amendments thereof, and binding on ell benefic lutes, (c) the Trustee was
duly authorized and empowered to "mute and deliver every such deed, trust deed, lasse,
mortgage or other ingrumem, and (d) If the conveyance is made to a success”, or successors,
in cost, that such a"DINIS r, or su=sms, in trust have been properly appointed and Are fully
v"ted with all of the title, estate rights, power, authorities, duties, and obligations of its, his,
or their predecessor In trust.
Any contrnet, obligation or indebtedness incurred or entered into by Trustee in connection
with the real estate may be entered into by it in the name of the then beneficiaries, As their
attorney in fact or, at Trustee's option, in its own name AN Trustee of an express ern and scot
individually. Trustee shall have no obligation whatsoever with suspect to any such commm or
the like except only co fu u the trrg property and funds in the actual possession of Trustee are
—2— lifilifillillill�
OnaoWJ N: ansa/ 4590
wMNSSYbY.-W:.;^k`.N A. yfiR^Kv6 1/aar:M iwnw;r-:a.:wMwh n:T:l O.uSH.N:u.<anrn....•. u<; ems.;,,... �.. �,�,.,� »�`.:y ysN.3.k`sd�PM.¢nhc9.�d
AWICIbte for its Pwymmt Rod (140&p. A0 Peron+ and corporedom ahaR be chaWd with
Backe Of tiff Coodidoo from the date of the fidug for momtd of 04 deed.
Gtamr herein wvrmp ad napserorite that nddw she nor airy member of her f ly
mddo wm Consadd prwag d go said propMy 11 10 homntCd ptoprp u Wind under
7be tumor beraby comma with said Trafte ft Gm mar is 4wfutly Saw of rid
teal 090 IN fee Simple; 11111 Gramm Ira food rigid and IWO audgrity to Sed and 000vsry rid
road trim; dot Gnuoor herchy fu0y wsetsnta the dde to rid rei estate and win deW de
amt 4PbW the lawful OWMI of W Persons wbomwoman and that said read edW Is fine of ad
eDoersobrmoes.
W WITNESS WKWWF, the GmntDr ifineemid hu hereunto set her hard and seal, dds
December 20, 1995.
WrIWI 9ES:
Print Nam • t, ten^'S C__
Print NVO , ALU-4-8-- —rr--kflw--
STA7E OF FLORIDA
COUNTY OF SMARD
op
s 4..
VMGU4 A D.D. EBERMW
Box 477
Cape Cameverai, Florida 32920
The f noimg Instrument was ackrowtedged before me dds December 20, 1993, by
YSiGOYUI D. IHBRWEBt, who is pereormuy bm m ID me, who hu pmduoed afmdmt
iekmifiadon, and who did take an oath.
NOTARY PWILIC
rowr.uduna�u.esw .
"hr OFFICIAL Bb
aru117m
1. wdDrm
Mr OwomMdbn Gator
4Aus.17,
\�ya� Canel.NMd. ticH1DN
OR CeeanM: 35331 4891
Brevard County Property Ar user_ Online Real Estate Property Cer.
page i of )
Jim Ford, C.F.A. online
Property AppralserProperty Homstamd
Brevard County, F1 `) ' Research Q12MM
General Par"] Information for 24-37-23-00-00510.1-0000.00 rim Notice
Parcel Id: bA-37-23-00- WIN
Uce
00510.1-0000.00 M a °pal Code: 2 �empnOP' Code:
' Site 6811 N ATLANTIC AVE, CAPE CANAVERAL 32920 ax
Address: 6540R
may not reflon community ballon ofpopmsy.
Tax informvtinn iLmilabje .t the Br.-.-+ QOM Tax CoUccW$ web s tE
(Select the beck button to return to the Property Appraiser's web site)
Owner Name: nnrr..wraN, VIKULNtA a Suh N 150 FT OF S 1050.25 FT OF E 210 FTI
TRUSTEE Name: OF SW 1/4 LYING W OF CO RD 401
Second Name: EBERWEIN, ELIZABETH W
ET AL
[Mailing Address: IF O BOX 477
CSty,
t..._Stale,a.CAPE CANAVERAL, FL 32920
v.
Palm
JIl00a
Land Itforma8len
2ec�'
2010
207 ]
eras:
0.72
`Market Value
$381,700$280,
2000
[Site Code: 4
near':
,00
cultural Market
Sc
SO
Sc
Value:
Assessed Value Non-
5381,700
S280,000
9200,000
School:
Assessed Value
381,700
280,000
S200,000
School:
"` Homestead
$0
S(
SO
xem tion:
" Additional
SO
Sc
S
Homestead:
Otber
50
Sc
SO
Exam tions:
oTaxable Value
$381,700
$280,000
5200,000
on -School:
*-" Taxable Value
381,700
5280,000
5200,000
School:
`This is the value established for ad Vsloresa purpose in accordance with s.193.01 ](I) and I8), Florida Smmus. This
Valor does rte[ represent anticipated selling Tia for the property.
Exemption; as reflected on the Value Summery table me apph"ble for she year shown and may or may not be
applimbie ifan o cr change has occurred.
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 010/07/2015
Item No. 4_
Subject: Ordinance No. XX -2015 - An Ordinance of the City Council of the City of
Cape Canaveral, Brevard County, Florida; amending Chapter 110, Article VII of the City
Code regarding service stations; providing for conflicts, severability, incorporation into
the Code, and an effective date.
Department: Community Development CD
Summary: On February 26, 2015, the City of Cape Canaveral Board of Adjustment
held a public hearing regarding Special Exception No. 2015-01 to allow the construction
of a service station located at 6455 N. Atlantic Avenue. After a lengthy public hearing,
Ile Board denied the application. However, the issue generated a great deal of public
debate regarding the proposed use.
Specifically, the public dialogue revolved around the location of the project and its
compatibility with surrounding properties; notably the Cape Shores condo
development. Although the applicant maintained all applicable development regulations
were met, the public perception was that the project would negatively impact adjacent
residential uses.
At a subsequent City Council meeting, staff was directed to prepare an ordinance that
would further define and identify where best to locate future service stations. To that
end, the attached ordinance has been prepared (see Attachment #1). Notable
provisions of the ordinance include:
1. Service stations will only be permitted in the M-1 zoning district - see the
attached City Zoning Map for properties zoned M-1
2. Service stations must be separated by a minimum of fifteen hundred (1,500)
feet - see the attached radius map indicating existing service stations and the
associated separation requirements
3. There shall be no more than ten (10) fueling positions (where one vehicle can
be fueled) within any one service station
4. A service station must be located on a parcel with a minimum of 100 feet of
street frontage and a minimum lot area of 22,500 square feet
5. Where a service station abuts a residential zoned property, a six-foot high
finished concrete block wall shall be erected
Service stations existing on the date of adoption of the proposed ordinance shall be
considered conforming uses and will able to enjoy rights associated therewith. In other
words, the standards established in the proposed ordinance shall only apply to new
stations.
Attachments:
#1 - Ordinance No. XX -2015
#2 - City Zoning Map
#3 - Service Station Radius Map
Planning and Zoning Board Meeting Date: 10/07/2015
Ordinance No. XX -2015
Page 2 of 2
j ne UL) Mart recommends that the Planning and Zoning Board take the
action(s):
Recommend approval of Ordinance No. XX -2015 to the City Council.
ORDINANCE NO. XX -2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTIONS 110-334,110-352 AND 110-381 OF THE
CITY CODE REGARDING AUTOMOTIVE SERVICE STATIONS;
PERMITTING AUTOMOTIVE SERVICE STATIONS IN THE M-1
ZONING DISTRICT; PROHIBITING AUTOMOTIVE SERVICE
STATIONS IN THE C-1 AND C-2 ZONING DISTRICTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b),
Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City of Cape Canaveral is a City encompassing approximately 1.9 square
miles and is surrounded on the East by the Atlantic Ocean and on the West by the Banana River
Aquatic Preserve; and
WHEREAS, due to the compact geographical area comprising the City limits, multiple
land uses are co -located which would in larger areas be set further apart; and
WHEREAS, due to the location of residential neighborhoods throughout the City, careful
planning as to the location of certain non-residential uses is desirable to protect both the non-
residential use as well as the residential character of the neighborhoods and residential uses within
the City; and
WHEREAS, the City Council of the City of Cape Canaveral finds that due to the natural
incompatibility between gas filling stations and residences due to the noise, odors, and substantial
traffic generation caused by the filling station use, that it is appropriate to put in place certain
protections which will protect and preserve the residential character of any property zoned
residential but abutting a filling station; and
WHEREAS, the City Council finds that limiting the number of fueling stations at any
filling station facility in the City, due to the close proximity of residential uses to any such
proposed filling station facility would further the City of Cape Canaveral's Comprehensive Plan
Future Land Use Goal LU -1 which provides that the overall goal for the City is to ensure the
proper relationship among residential, commercial, industrial, recreational and other activities in
ng the land uses; and
order to ensure general compatibility amo
WHEREAS, the City Council further finds that the proposed amendments are consistent
with the City of Cape Canaveral's Comprehensive Plan Future Land Use Objective LU -1.3, which
provides that the City will work toward the elimination or reduction of uses inconsistent with the
community's character and future land uses, and with Policy LU -1.3.2 which provides that the City
will require new development to be compatible with adjacent land uses; and
City of Cape Canaveral
Ordinance No. XX - 2015
Page 1 of 9
WHEREAS, the City Council has determined that the current regulations regarding the
location of gasoline pumps and storage facilities are in need of modification and revisions related
to their location within the City, number and location in proximity to certain other uses; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at
a duly noticed public hearing held on October 7, 2015, and said Board has recommended approval
of the amendments to the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 110, Article VII. Chapter 110, Article VII, Zoning, of
the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows
underlined type indicates additions and svikRaut type indicates deletions, while asterisks (••")
indicate a deletion from this Ordinance of text existing in Chapter 110, Article VII. It is intended
that the text in Chapter 110, Article VII denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 110 Zoning
Sec. 110-334. Special exceptions permissible by board of adjustment.
(3) Automotive service stations
- .. .. ... - .. - .... - . ana!�;Rxn .. .
City of Cape Canaveral
Ordinance No. XX - 2015
Page 2 of 8
.......
....::.
::.:::...
:an
City of Cape Canaveral
Ordinance No. XX - 2015
Page 3 of 8
jaYMs in the PBN'em@FA.
pLoadgeaping shall eefife� 48 seetieft 110 66&.
Sec. 110-352. Principal uses and structures.
(12) Automotive services stations, subiect to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including 2 mp island, but in no case shall a lot have less than 100 feet of
street frontage.
b. Underground storage is required for all receptacles for combustible materials
in excess of 55 gallons. Such storage shall comply with all Environmental
Protection Agency standards.
C. The accumulation and storage of waste petroleum products is forbidden,
unless in compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110-493.
C. No service stations shall be erected or located within 150 feet of the property
line of any church, hospital, school or park.
f No main accessory building, and no gasoline pump shall be located within 25
feet of the lot line of a property that is residentially zoned A visual screen.
meeting the specifications of section 110-566, shall be provided alone any
property line abutting a residential district or residential use.
g. Services and sales permissible include only the following:
1. Spark plugs batteries distributor parts ignition system parts. vehicle
wiring and the like.
2. Exhaust system components, engine cooling components, automotive air
conditioning system components braking system components vehicle
lighting system components radios steering assembly parts, fuel system
components and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing including the sale of related materials
5. Greasing oil changes and other lubrication.
City of Cape Canaveral
Ordinance No. XX - 2015
Page 4 of 8
6. Sale of cold drinks Package foods tobacco and similar convenience goods
for service station customers.
7. Road maps inforptational materials, restroom facilities.
8. Truck and trailer rentals.
It. Vehicles shall not be puked outside the building for more than four days.
such four days to be considered as an accumulated parking time, whether
consecutive or accumulated.
Uses permissible at a service station do not include body work, straightening
of body parts painting welding (other than minor repairs), storage of
automobiles not in operating condition or other work involving noise, glare,
fumes smoke or other characteristics to an extent greater than normally found
in service stations A service station is not a body shop.
j. Automotive Parts new or used, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for Parts.
I. Engine and transmission overhaul may be performed only inside the service
bays.
M. A minimum of two enclosed service bays and a customer waiting area must be
provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2,000 square feet shall be provided
o. No plants (grass weeds etc) shall be allowed to grow through cracks or
ioints in the Pavement.
P. Landscaping shall conform to section 110-566.
q. A minimum distance of 2,000 feet by shortest airline measurement shall be
maintained between the nearest Point of a lot or lots used for filling stations or
automotive stations.
r. Lighting on a service statin shall be so designed and installed so as to Prevent
glare or excessive liebt on adjacent property. No source of illumination shall
be allowed if such source of illumination would be visible from a
residentially -zoned district to the extent that it interferes with the residential
use of that area.
S. No gasoline pump shall be located within 25 feet of a street right-of--wav line.
t. There shall be no more than ten (10) fueling positions (where one vehicle can
be accommodated for refueling) within any one filling station nronerly or
location whether said filling station is located on one lot or comprises more
than one lot.
City of Cape Canaveral
Ordinance No. XX - 2015
Page 5 of 8
kkk
See. 110-381. Principal uses and structures.
kkk
(11) Automotive service stations
City of Cape Canaveral
Ordinance No. XX - 2015
Page 6 of 8
*kk
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
City of Cape Canaveral
Ordinance No. XX - 2015
Page 7 of 8
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of
, 2015.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk, MMC
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. XX - 2015
Page 8 of 8
Legend
ZONING
-C7
C2
MMI N
R1
R2 W+E
R3
aa� EOOD S
STREET LEGEND
A Clara Ellubetk Lane
e Maple Court
C Palm Way
0 Croton Court
E Oleandsr Court
FCoquina Lane
G Camelia Court
N Jasmine Court
I Honeysuckle Way
J Intrepid Way
K Aquarius Way
L Tranquility Way
M Shuttle Way
N Falcon Way
0 Coconut Way
ATfACHMENTk2
AddEL
.i
City of tape Canaveral
Zoning Map
Map Prepared 5y Miller Legg 6 Associates, Inc.
July 02 2000
MY 6ourte: BnvECounry Fre�eM APo�elee.nao.
LryNGp Gnwml, OnraN LouYy Gremmein
I u I I—J Miles
0 0.050.1 0.2 0.3 0.4 05
wax Yerw.:�w.r.
wM �Mre w awr. xvn r anmiw., in.
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 010/07/2015
Item No. 15
distilleries.
Summary: On June 12, 2013, the Governor signed HH 347, wnicn conanuea me crena
of reforming Florida's distilling laws. The law created a new category ("craft distilleries,"
also commonly referred to as microdistilleries) for distillers who produce 75,000 or
fewer gallons per year of distilled spirts.
The most significant aspect of the law is that microdistilleries are now able to sell on-
site, directly to consumers, under conditions outlined in the law. Previously, the product
was required to be shipped to a wholesaler, before customers could buy the product.
As a result of the state's relaxation of law, the number of microdistilleries is quickly
growing. In fact, the Brevard County Economic Development Council recently
announced a new microdistillery in Titusville and one has been proposed on Central
Avenue in the City. It has been reported that there are 25 distilleries licensed to be
developed in Florida.
In May 2011, the City Code was amended to allow breweries as a permitted use in the
M-1 zoning district. However, a brewery is considered a manufacturing operation
typically at a much larger scale with corresponding impacts than those associated with
a microdistillery. Microdistilleries represent a new class of liquormakers and as such,
the City Code is silent to how they should be treated. For that purpose, the attached
ordinance has been prepared.
As proposed, microdistilleries will be a permitted use in the C-2 zoning category (see
attached City Zoning Map). Further, a number of development regulations are
proposed to ensure compatibility with surrounding properties, to include:
1. Onsite distilling shall not exceed 75,000 gallons total on an annual basis; and
2. Tasting rooms and/or retail shops associated with the distillery shall be permitted
but shall not exceed 50 percent of the total square footage of the operation; and
3. No alcohol consumption, other than that associated with the tasting room, shall
be permitted on-site; and
4. No by-product of the distilling operation shall be discharged into the City's
wastewater system, unless it is properly pre-treated as approved by the City;
and
5. All materials and supplies related to the distillery operation shall be stored in an
enclosed structure.
#1— Location Map
#2—Ordinance No. XX -2015
Planning and Zoning Board Meeting Date: 10/07/2015
Ordinance No. XX -2015
Page 2 of 2
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of Ordinance No. XX -2015 to the City Council.
Director:
ORDINANCE NO. XX -2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING ARTICLE VII — DISTRICTS, OF THE CITY CODE
PROVIDING FOR MICRO -DISTILLERIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, INCORPORATION INTO THE
CODE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article
VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City of Cape Canaveral is a City encompassing approximately 2.3 square
miles and is surrounded on the East by ton June 12, 2013 the Governor signed HB 347 which created
a new category for distilleries that distill 75,000 or fewer gallons per year; and
WHEREAS, due to this and other regulatory easing, the number of microdistilleries is
growing throughout the State of Florida; and
WHEREAS, due to the City's proximity to Port Canaveral and the number of tourists that
are visiting the City on an annual basis, provisions must be put in place to provide appropriate
locations for this and other similar tourist related uses; and
WHEREAS, the City Council of the City of Cape Canaveral finds that in order to encourage
the location of these facilities, the City Code must be amended to provide for appropriate zoning
categories for microdistilleries; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a
duly noticed public hearing held on October 7, 2015, and said Board has recommended approval of
the amendment to the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to
be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral
Section 2. Amendment to Section of the City Code. That Section of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
indicates additions and sirikeerH type indicates deletions)
City of Cape Canaveral
Ordinance No. XX - 2015
Page 1 of
See. 110-381. Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are
permitted:
1. Retail stores, sales and display rooms, and shopping centers.
2. in which goods are produced and sold at retail upon the premises.
3. Eating establishments, bakeries and delicatessens.
4. Personal service establishments. such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops, daycare and similar uses.
5. Dry cleaning establishments using nonflammable solvents and cleaning fluids as
determined by the fire chief.
6. Professional offices, studios, medical and dental clinics, laboratories, general offices,
business schools, data processing and similar uses.
7. Banks and financial institutions.
8. Places Noncommercial public parks; commercial indoor playgrounds; clubs and lodges;
cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes
(excluding crematories); government offices; schools; adult and youth centers; churches;
reading rooms and similar uses.
9. Vocational and trade schools not involving operations of an industrial nature. such as
truck driving schools.
10. Repair service establishments, such as household appliances, radio, television andsimilar
uses (excluding automobile repairs).
11. Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump islands.
b. Underground storage is required for all receptacles for combustible materials in
excess of 55 gallons. Such storage shall comply with all Environmental
Protection Agency standards.
c. The accumulation and storage of waste petroleum products is forbidden, unless
in compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 40-
110=49_2.
e. No service stations shall be erected or located within 150 feet of the property
line of any church, hospital, school or park.
f. A visual screen, meeting the specifications of section 110-566, shall be
provided along any property line abutting a residential district or residential
use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle
wiring and the like.
2. Exhaust system components, engine cooling components, automotive air
conditioning system components, braking system components, vehicle
lighting system components, radios, steering assembly pans, fuel system
components and the like.
3. Tire servicing and repair. but not recapping.
4. Washing and polishing, including the sale of related materials.
5. Greasing, oil changes and other lubrication.
City of Cape Canaveral
Ordinance No. XX - 2015
Page 2 of 5
6. Sale of cold drinks, package foods, tobacco and similar convenience goods
for service station customers.
7. Road maps, informational materials and restroom facilities.
It. Vehicles shall not be parked outside the building for more than four days, such
four days to he considered as an accumulated parking time, whether
consecutive or accumulated.
i. Uses permissible at a service station do not include body work, straightening of
body parts, painting, welding (other than minor repairs), storage of automobiles
not in operating condition or other work involving noise, glare, fumes, smoke
or other characteristics to an extent greater than normally found in service
stations. A service station is not a body shop.
j. Automotive parts, new or used, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside the service
bays.
m. A minimum of two enclosed service bays and a customer waiting area must be
provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2.000 square feet shall he provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints
in the pavement.
p. Landscaping shall conform to section 110-566.
q. Service stations shall not be erected or located within 2,000 feet of the property
Cute of another service station.
12. Light manufacturing, including:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
It. Musical instruments and parts.
i. Toys, amusements. sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
1. Costumejewelry, costume novelties, buttons and notions.
m. Other similar uses.
12. Microdistilleries subject to the following:
a. Onsite distilling shall not exceed 75,000 gallons total on an annual basis; and
b. Tasting rooms and/or retail shoos associated with the distillery shall be
permitted but shall not exceed 50 percent of the total square footage of the
operation; and
c. No alcohol consumption other than that associated with the tasting room. shall
be permitted on-site; and
d. No by. -product of the distilling operation shall be discharged into the City's
wastewater system unless it is properh pre-treated as approved by the City.
City of Cape Canaveral
Ordinance No. XX - 2015
Page 3 of 5
e. All materials and supplies related to the distillery operation shall be stored in an
enclosed structure.
(Ord. No. 4-99, § I, 7-6-99; Ord. No. 06-2011. § 2. 10-18-11)
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
]Adoption Page Follows]
City of Cape Canaveral
Ordinance No. XX - 2015
Page 4 of 5
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this _ day of
, 2015.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hong
City Clerk, MMC
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. XX - 2015
Page 5 of 5
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