HomeMy WebLinkAboutP&Z Agenda Packet 10-28-2015PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
OCTOBER 28, 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: October 7, 2015.
2. Swearing In of new Board Member - Brenda Defoe Surprenant.
3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to City Council Re: Preliminary Plat Approval, per City Code of Ordinances,
Section 98-46 — Bowman Consulting — Applicant - (8899 Astronaut
Boulevard).
4. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to Board of Adjustment Re: Sweetman Zoning Determination per Section
110-257 Code of Ordinances — George Sweetman — Applicant - (111
Pierce Avenue).
Planning & Zoning Board Meeting Agenda
October 28, 2015
Page 2
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
October 7, 2015
A Meeting of the Planning & Zoning Board was held on October 7, 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 Vice Chairperson Lamar Russell. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
Lamar Russell Vice Chairperson
Ronald Friedman
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
OTHERS PRESENT
Kimberly Kopp Assistant City Attorney
David Dickey Community Development Director
Patsy Huffman Board Secretary
MEMBERS ABSENT:
John Price Chairperson
PUBLIC PARTICIPATION:
David Lane, Applicant; AlA Beach Rental; 6811 N. Atlantic Avenue, Cape Canaveral, FL 32920
Ron Foleno, PO Box 410457, Melbourne, FL 32941
NEW BUSINESS:
1. Approval of Meeting Minutes —August 26.2015.
Motion by Mr. Pearson, seconded by Mr. Kittleson, to approve the Meeting Minutes of August 26,
2015. Vote on the motion carried unanimously.
2. Interview & Recommendation to City Council RE: Potential Board Members, Albert J.
Franks, Jr. and Brenda Defoe Surprenant.
The credentials and experience of both applicants were read.
Mr. Franks stated that Cape Canaveral is ready to explode in development and he would like to be
a part of this process. He has extensive experience in real estate, land planning for the City of
Oviedo and working with the Chamber of Commerce.
Planning & Zoning Board
Meeting Minutes
October 7, 2015
Mrs. Surprenant explained that she is near the end of acquiring her Master's Degree in Arts/Urban
and Regional Planning. She explained that she too feels that the City is moving forward in
development, but she would like to see the natural environment protected while this occurs.
Board Members were impressed with both applicants and a recommendation to delay the decision
until after the Election on November 4, 2015, was suggested.
Motion by Mr. Kittleson, seconded by Mr. Pearson to delay the final decision until after the
Election. The motion failed 3-2 with voting as follows: Dr. Fredrickson, Against; Mr. Friedman,
Against; Mr. Russell, Against; Mr. Pearson, For; Mr. Kittleson, For.
After further discussion, Board Members recommended Brenda Defoe Surprenant for the vacancy.
Motion by Dr. Fredrickson, seconded by Mr. Pearson to recommend to City Council the
appointment of Brenda Defoe Surprenant to fill the Planning and Zoning Board Member vacancy.
The motion carried 4-1 with voting as follows: Mr. Pearson, For; Craig Kittleson, For; Dr.
Fredrickson, For; Mr. Russell, For; Mr. Friedman, Against.
Board Members asked Assistant City Attorney Kopp if a recommendation to City Council for an
alternate Board Member is allowed, to which she agreed that it could be a recommendation.
Discussion ensued regarding the responsibilities of an alternate and the process for moving into a
new vacancy position.
Albert J. Franks, Jr., was recommended as an alternate.
Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend to City Council, Albert J.
Franks, Jr. as an alternate. Vote on the motion carried unanimously
3. OuasiJudicial and/or Public Heariue: 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 —AIA Beach Rentals, LLC — Applicant— (6811 N. Atlantic Avenue).
Mr. Dickey presented Staff s report/photos. Staff explained that the request is to amend Special
Exception 2012-01 which authorized the establishment of AIA Beach Rental. On April 5, 2012,
the 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 See. 110-334(c)(8) of the City Code.
The approval was conditioned as follows:
1. The display area shall be limited to 446 square feet in total area;
2. The display area shall be in substantial accordance with the attached site plan;
3. Display shall be limited to beach rental equipment to include: surfboards, paddle boards,
bicycles, canoes, kayaks, and a canoe/kayak trailer; and
Planning & Zoning Board
Meeting Minutes
October 7, 2015
4. All rental equipment/display is to be brought inside the building after operating hours
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 Caft and
Flip Flop Pool and Spa Supplies. The property is accessed by two driveway cuts onto AIA.
Surrounding properties are zoned C-1. A mobile home park is located northwest, a rental car
facility to the south and Yogi's FoodfLiquor store to the east.
The request under consideration is to amend Condition #2 to allow the existing display area to
relocate to the property line near the right-of-way (behind the sidewalk). All other conditions
would remain the same. Currently, the display area is setback 50 feet from the AIA right-of-way
line. However, with the recent expansion of the FOOD (which included this property), the setback
requirement from the AIA 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 permitted by the EOOD. 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.
Mr. Russell opened the meeting to the public.
Mr. Lane explained the need for the request is due to the speed of traffic driving by his business at
45 mph, a six-foot privacy fence next to his property and a new bus stop being placed in front of
his business, all of which obstruct the view of his business until you have already passed by. He
felt this gave the advantage to competitors in other cities to take away business not only from him,
but from the City of Cape Canaveral.
Mr. Russell closed the meeting to the public
Discussion ensued regarding the EOOD setback rules and how they apply to this property; making
sure the setback nile is adhered to; concerns about other businesses following suit; posting of the
property; whether adjacent property owners voiced any concerns; parking requirements; clarifying
the Special Exception conditions vs the EOOD rules and type of items being displayed.
Motion by Mr. Kittleson, seconded by Mr. Friedman to recommend denial to amend Special
Exception No. 2012-01. The motion failed 3-2 with voting as follows: Dr. Fredrickson, Against;
Mr. Pearson, Against; Mr. Russell, Against; Mr. Kittleson, For; Mr. Friedman, For.
Assistant City Attorney Kopp directed the Board Members to make a new motion.
Motion by Mr. Pearson, seconded by Dr. Fredrickson to recommend approval to amend Special
Exception No. 2012-01 to the Board of Adjustment. The motion passed 3-2 with voting as
follows: Dr. Fredrickson, For: Mr. Pearson, For; Mr. Russell, For; Mr. Kittleson, Against; Mr.
Friedman, Against.
Planning & Zoning Board
Meeting Minutes
October 7, 2015
Mr. Russell called for a 5 minute break and the meeting was back in session at 7:32p.m.
Motion by Mr. Friedman, seconded by Mr. Kittleson to change the order of the Agenda items
to hear Item # 5 before Item #4. Vote on the motion passed unanimously.
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, providing for Craft Distilleries — City of Cape Canaveral — Applicant.
Mr. Dickey presented Staffs report/photos. Staff explained that on June 12, 2013, the Governor
signed HB 347, which continued the trend of reforming Florida's distilling laws. The law
created a new category (`craft distilleries," also commonly referred to as micro -distilleries) for
distillers who produce 75,000 gallons or less per year of distilled spirits.
The most significant aspect of the law is that micro -distilleries 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 micro -distilleries is quickly growing.
In May 2011, the City Code was amended to allow breweries as a permitted use in the M-1 Zoning
District. As proposed, micro -distilleries will be a permitted use in the C-2 Zoning District. 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.
Staff recommends the Planning and Zoning Board forward its approval of Ordinance No XX -
2015 to the City Council.
Mr. Russell opened the meeting to the public.
Mr. Foleno is a Commercial General Contractor/Developer in Brevard County and sees this as
an opportunity to bring more tourism and more jobs to the Cape Canaveral area. He would like
to see the area grow. He is interested in a parcel in the C-2 Zoning District if this request receives
approval.
Mr. Russell closed the meeting to the public.
Planning & Zoning Board
Meeting Minutes
October 7, 2015
Motion by Mr. Kittleson, seconded by Mr. Friedman to recommend approval to City Council
Ordinance No. XX -2015 amending Chapter 110, Article VII — providing for craft distilleries.
Vote on the motion passed unanimously.
5. 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.
Mr. Dickey presented Staff's report/photos. Staff explained that on February 26, 2015, the 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, the 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. Notable provisions of the ordinance include:
1. Service stations will only be permitted in the M-1 Zoning District.
2. Service stations must be separated by a minimum of two thousand (2,000) feet.
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 continue to enjoy rights associated therewith. In other words, the
standards established in the proposed ordinance shall only apply to new stations.
Staff presented a zoning map and a buffer map and explained the areas under discussion.
Staff recommends the Planning and Zoning Board forward its approval of Ordinance No XX -2015
to the City Council.
Discussion ensued regarding the requirements existing gas stations abide by; record keeping of
those requirements; increasing the height of concrete block wall and making the language more
clear regarding the requirements and language of the Ordinance pertaining to existing service
stations on date of adoption.
Planning & Zoning Board
Meeting Minutes
October 7, 2015
Motion by Mr. Kittleson, seconded by Mr. Friedman to recommend approval to City Council
Ordinance No. XX -2015 — An Ordinance of the City Council of the City of Cape Canaveral,
Brevard County, Florida; amending Chapter 110, Article VII ofthe City Code regarding Service
Stations; providing for conflicts, severability, incorporation into the Code, and an effective date
with the proposed recommendation to increase the height of concrete block wall to eight (8)
feet. Vote on the motion passed unanimously.
REPORTS AND OPEN DISCUSSION:
Motion by Mr. Friedman, seconded by Mr. Kittleson to adjourn the meeting at 8:19 p.m. Vote on
the motion was unanimous.
Approved on this _ day of
Lamar Russell, Vice Chairperson
Patsy Huffman, Board Secretary
2015.
City of Cape Canaveral
Planning and Zoning Board
Meeting Date. 7Q/28/2015
Item No.
Cape
Summary: The applicant is requesting (Attachment #1) a Preliminary Plat associated
with the redevelopment of the Cape Canaveral RaceTrac gas station located at 8899
Astronaut Boulevard. The property is zoned C-1.
As described in the applicant's letter dated December 23, 2014 (Attachment #2), the
overall project includes the demolition of the existing improvements and the construction
of a new 5,928 square foot convenience store including six additional fueling positions.
The proposed plat has been requested as the vacant parcel to the north will be added to
the existing parcel to accommodate a larger retention area use.
Chapter 98, Article 11 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 a preapplication meeting with the applicant to determine if the
application is adequate; 2 — the Planning & Zoning Board holds a public meeting and
makes a recommendation on the proposed Preliminary Plat; and, 3 — the City Council
holds a public hearing and takes final action on the request.
Consistent with Chapter 98-36 of the City Code, a preapplication conference was held
with the City's Development Review Committee and RaceTrac representatives on
January 7, 2015, to discuss the project and the requirements of the City's platting
process.
Sec. 98-41 of the City code outlines the required information that must be submitted as
part of the application for preliminary plat approval. Including:
a) a completed application
b) a preliminary plat consistent with F.S. Chapter 177
c) topographic survey (spot elevations if less than 2% slope)
d) photos of the tract
e) a filing fee
f) current title opinion
Attached is a memo dated March 9, 2015 (Attachment #3) from John Pekar, P.E., the
City Engineer, recommending approval of the proposed plat. The City Attorney's Office
has also reviewed the submitted materials for consistency with applicable
rules/regulations.
The platting process is divided into two steps, preliminary and final. Once the City
Council approves the Preliminary Plat and prior to the issuance of a Certificate of
Planning and Zoning Board Meeting Date: 10/28/2015
RaceTrac Preliminary Plat
Page 2 of 2
Occupancy, a Final Plat application shall be submitted for review and approval. The
Final Plat approval process is similar to the Preliminary Plat process in that the P8Z
Board will make a recommendation to the City Council who will approve the Final Plat
via resolution.
Submitting Director: David Dickey Date: 10/20/2015
#1 — Preliminary Plat Application
#2 — Bowman Consulting Letter/December 23, 2014
#3—John Pekar, P.E. Letter/March 9, 2015
#4 — Preliminary Plat
Tha CD Staff recommends that the Plannina and
action(s):
Recommend approval of the Preliminary Plat to the City Council.
Date:
ATTACHMENT 1
City of Cape Canaveral
PRELIMINARY AND FINAL PLAT
Information Sheet
Date of Submittal: 02 /.v -7 / 2 UI S
Project name: Cape Canaveral RaceTrac
Project address (if not available, provide general location)
8899 Astronaut Blvd., Cape Canaveral FL 32920
Legal description: attach legal _. Please refer to the attached Legal Description.
FLU and Zoning designations: Low Density Commercial District - C-1
Owner(s) name: RaceTrac Petroleum Inc.
Owner(s)address: 3225 Cumberland Blvd., Suite 100
Atlanta, Georgia 30339
Phone number(s): 770-431-7600
Email(s): vsutaoaha().racetrac.com
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name: Qr, 7_i orn!'o..
Applicant address: 322,5- C,,..6e.-k..d W w„ Sv,f� /0o , AFb.4.., 0.4 3.319
App. phonenumber(s): 7?0- 4j31 - 7000
App. email(s)7 61.(0: r, r C'4,.C. Co
Signature (owner or applicant): H.r e,6 }. w
`� total >?90.0A
i asn 5N.6N
CDD - Prelim & Final Plat App. 04/2010 Page 4
City of Cape Canaveral
Preliminary and Final Plat
Application Fee Sheet & Payment Receipt
Date: bZ�;I1)-0
Project Name: Cape Canaveral RaceTrac
Application Submittal Fee:
RESIDENTIAL Total # of Units:
1, 2 or 3 units = $J7.50 .................................................. $
4 units =$50.00........................................................... $
More than 4 units: add $7.50 per unit,( not to exceed $500)
# of units over 4 X $7.50 ........................ _ $
Total Residential: _ $
COMMERCIAL
$150 per acre or portion thereof.
3.0 acres X $150 per acre: .................................... _ $ 450.00
Total Application Fee: =$---j5-0-00
T:schapmeNapplicetione:pladeesheet$paymentreceiptl062810
CAPE CANAVERAL RACETRAC PLAT:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD
COUNT/, FLORIDA, AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID
SECTION 15 WITH THE WESTERLY RIGHT -OF -WAV- LINE OF STATE ROAD 401, A 100.00 FOOT WIDE
RIGHT-OF-WAY PER FLORIDA S.R.D. RIGHT -OF -WAV MAP SECTION 70080-2202; THENCE SOUTH
36" 44'29" EAST ALONG SAID WESTERLY RIGHT -OF -WAV LINE, A DISTANCE OF 819.52 FEET TO A
POINT LYING 435.50 FEET NORTHWESTERLY, AS MEASURED ALONG SAID RIGHT -OF -WAV LINE, OF
THE NORTHEAST CORNER OF THOSE LANDS AS RECORDED IN O.R. BOOK 3064, PAGE 2885 OF THE
BREVARD COUNTY PUBLIC RECORDS, SAID POINT BEING THE POINT -OF -BEGINNING OF THE LANDS
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 36044' 29" EAST, ALONG SAID WESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 435.60 FEET TO SAID NORTHEAST CORNER OF SAID LANDS
PER O.R. BOOK 3064, PAGE 2885; THENCE DEPARTING SAID RIGHT -OF -WA Y LINE, SOUTH
53° 15'31" WEST, ALONG THE NORTH LINE OF SAID LANDS, A DISTANCE OF 330.00 FEET; THENCE
NORTH 36^ 44'29" WEST, A DISTANCE OF 299.60 FEET; THENCE NORTH 53^ 15'31" EAST, A DISTANCE
OF 117.00 FEET; THENCE NORTH 36° 44' 29" WEST, A DISTANCE OF 136.00 FEET; THENCE NORTH
53" 15'31" EAST, A DISTANCE OF 213.04 FEET TO THE POINT OF BEGINNING.
File No.: FT16-16-14-000040 (Revised 2.21.15)
Commitment No.: 16-14-000040
0
Fidelity National Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued by
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Fidelity National Title Insurance Company, a California corporation (the "Company"), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named In Schedule A, as owner or mortgagee of the estate or interest in the Land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements;
all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after
er the Effective
failure to
Date or when the policy or polices committed for shall issue, whichever first occurs, provided
Issue the policy or policies Is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by an authorized officer of the Company or an
agent of the Company.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused Its corporate name and seal to
be afixed by its duly authorized officers on the Effective Date shown in Schedule A.
Countersigned:
Fidelity National Title Insurance Company
ay �SeW
SEAL
1 TY NATION L TITL OF FLORIDA, INC.
.rrEs.
FNFL0602.rdw ALTA Commitment (6117/06xwith Florid- ModiOmdon-)-Covin
File No.: FT16-16-14-000040 (Revised 2.21.15)
Commitment No.: 16-14-000040
CONDMONS
i. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,
the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its
option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties induced under the definition at Insured in the form of policy or polices committed for and only for
actual loss incurred In reliance hereon in undertaking In good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown In Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
in favor of the proposeldns and the Insu ed whiichlusions from Coverage are hereby incorporated the form of by by refers cepan'd acre made a pacies rt oftth ted his
Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more fitle insurance policies and is not an abstract of title or
a report of the condition of title. Any action or actions or rights of action that the proposed Insured may
have or may bring against the Company whether or not based on negligence arising out of the status of
the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
5. The policy to be issued will contain the following arbitration clause. Unless prohibited by applicable law,
arbitration pursuantto the
ma
be demanded If agreedTitle
Arbitration
to byboth the Company Arbitrations American
and t e ensu ed el the timeof the contro ersy otr claim.
Arbitrable matters may Include, but are not limited to, any controversy or daim between the Company and
the Insured arising out of or relating to this policy, and serviced of the Company in connection with is
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the
Rules in he
only if the effectat
olDate of Policy f the state in whichll be binding upon the land is ocatedtpermit tacourtrto award attorneys' fees
award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
FNFL0603.rdw
ALTA Commitment (611706)(with Florida MadKoations)- Conditions
0 Fidelity National Title Lisurance Company
Fidelity National Title of Florida, Inc.
7208 West Sand Lake Road, Suite 102
Orlando, FL 32819
Phone: 407-370-0027
E -Fax: 386-523-0882
Fidelity National Title Insurance Company
(Revised 2.21.15)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order No.: 4730420
Customer Reference: 16-14-000040
1. Effective Date: January 22, 2015 at 8:00 AM
2. Policy or Policies to be Issued: Premium: $TBD
A. ALTA Owners 2006 with Florida Modifications
Proposed Insured: RaceTrac Petroleum, Inc., a Georgia corporation
Proposed Amount of Insurance: $340,000.00
3. The estate or Interest in the land described or referred to in this Commitment is:
Fee Simple and Easement
4. Title to the Fee Simple and Easement estate or interest in the land is at the Effective Date
vested in:
BURGER KING CORPORATION, a Florida corporation (As to Parcels 1, 2, 3, 4, and 5)
RACETRAC PETROLEUM, INC., a Georgia corporation (As to Parcel 5)
S. The land referred to in this Commitment Is described in Exhibit "A" attached hereto and
made part hereof.
Countersign
BY:
Aur Officer or Agent
The
Copyright of American Land Title to ALTA finer All dehle LTAreserved.
The use of This Farm is blied.restrchal
Re to ALTA der Hoes and ALTA members in good Blanding as of the data of use.
All ether ossa are prohibited. Reprinted under Ncense from the American Lend Title Aeaddatlon.
ALTA Commitment (611 ]N8) (with FL Mddeiwtlons) 1 of 8
Order Number: 4730420
Customer Reference: 16-14-000040
Fidelity National 7 tle 111SUM01ce Conlpatey (Rindiud x.21.1 )
SCHEDULE B SECTION I
REQUIREMENTS
The following are requirements to be compiled with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
2. Instruments) creating the estate or interest to be insured must be properly executed, delivered and
filed for record:
A. Duly executed Warranty Deed from BURGER KING CORPORATION, a Florida corporation, Grantor,
to DEL LAGO VENTURES, INC., a Georgia corporation, Grantee, Conveying the land described on
Schedule A hereof.
Together with proof that BURGER KING CORPORATION, a Florida corporation is currently in good
standing under the laws of the State of Florida. If the current transaction Involves: (1) the
disposition of substantially all of a corporation's property or assets; (ii) the conveyance of
corporate property to an officer, director or agent who is also a signatory; (iii) conveyance of
property for minimum consideration; or (Iv) the execution of documents incident to the transaction
by an officer other than the president, chief executive officer or any vice-president with a corporate
seal, then a recordable resolution of the corporation's Board of Directors, Shareholders and/or
Members must be obtained.
B. Duly executed Access Easement by and between BURGER KING CORPORATION, a Florida
corporation; DEL LAGO VENTURES, INC., a Georgia corporation; and RACEIRAC PETROLEUM, INC.,
a Georgia corporation, together with joinder and Consent by COMMERCEBANK, N.A., a national
banking association, pursuant to Mortgage and Security Agreement recorded In Official Records
Book 4798, Page 3944, and Assignment of Rents, Leases and ProFlts recorded in Official Records
Book 4830, Page 1990, creating the Easement Estate to the land described as Parcel 5 on Schedule
A hereof.
Together with proof that BURGER KING CORPORATION, a Florida corporation; DEL LAGO
VENTURES, INC., a Georgia corporation; RACETRAC PETROLEUM, INC., a Georgia corporation; and
COMMERCEBANK, N.A., a national banking association, are currently in good standing under the
laws of the State of Florida/Georgia. If the current transaction Involves the execution of documents
Incident to the transaction by an officer other than the president, chief executive officer or any
vice-president, then a recordable resolution of the corporation's Board of Directors, Shareholders
and/or Members must be obtained.
3. Proof of payment of any outstanding assessments in favor of Brevard County, Florida, any special
taxing district and any municipality. NOTE: If this requirement is not satisfied the following exception
will appear on Schedule B:
Any outstanding assessments in favor of Brevard County, Florida, any special taxing district and any
municipality.
4. Proof of payment of service charges for water, sewer, waste and gas, if any, through the date of
closing. NOTE: If this requirement Is not met the following exception will appear on Schedule B:
Any lien provided for by Florida Statutes In favor of any city, town, village or port authority for unpaid
service charges for service by any water, sewer, waste or gas system supplying the Insured land or
service facilities. r,
C.Wight American Land Tale Association. All right, resarvad. „
The use of this Fmm is mstricted to ALTA licensees and ALTA members In good standing as of the date of use
All other
uses are prohibited. Reprinted under license from the American LeM Into Associabon. _1111!f�,
ALTA Commumem (8/17/06) (with FL Idodigcadons) 2 of 8
Order Number: 4730420
Customer Reference: 16-14-000040
Fidelity National Title lnsarariee Compmfy' Utarldsed 2.21.151
SCHEDULE B SECTION I
Requirements continued
5. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building
setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters,
they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan
Policy to be Issued. Said survey Is necessary in order to more accurately describe the lands to be
insured herein.
6. Termination of the Ingress/Egress Easement Agreement recorded In Official Records Book 3949, Page
1131, to be executed by BURGER KING CORPORATION, a Florida corporation, RACETRAC PETROLEUM,
INC., a Georgia corporation, and AlA ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability
limited partnership.
7. Partial Release of the Insured land from the restrictions contained in that certain Declaration of
Restrictive Covenants recorded in Official Records Book 3949, Page 1136.
NOTE: Paragraph 1 of said Declaration of Restrictive Covenants contains restrictions In favor of
Racetrac Petroleum, Inc., a Georgia corporation, which state "No facility which serves as a retail outlet
for the sale of gasoline, other petroleum products, or motor fuels or as a convenience store shall be
constructed, maintained or operated on the Declarant Property".
8. Partial Release of the insured land from the restrictions contained in that certain Warranty Deed
recorded in Official Records Book 5847, Page 1000.
NOTE: Exhibit "B" of said Warranty Deed contains restrictions imposed by ASA Outparcels Group,
L.L.L.P., a Florida limited liability limited partnership, and Burger King Corporation, a Florida
corporation, which state "Grantee agrees to restrict the Property as follows and will not use, assign,
sublease, license or otherwise permit the use of, any portion of the Property for any of the following
uses: ... car wash; auto body or repair shop; radiator repair shop; automotive service station;...", and
which benefit property owned by ASA Acquisition Group, Ltd., L.L.P., a Florida limited liability limited
partnership.
9. Proof of compliance with the terms and conditions of Resolution No. 2008-03 recorded in Official
Records Book $843, Page 658, pertaining to lot splitting.
10. Dismissal of litigation with prejudice and discharge of the Lis Pendens filed in Case styled Burger King
Corporation vs. Racetrac Petroleum, Inc., a Georgia corporation, being Case No. 2010 -CA -040503 In
Brevard County, Florida, as disclosed by Notice of Lis Pendens recorded in Official Records Book 6262,
page 2313.
11. Duly executed Sign Easement by and between DEL LAGO VENTURES, INC., a Georgia corporation, and
BURGER KING CORPORATION, a Florida corporation.
NOTE: 2014 Real Property Taxes in the gross amount of $13,327.05 are paid, under Tax I.D. No. 24-37-
15-00.00037.0-0000.00. (Parcels 1 and 5)
NOTE: 2014 Real Property Taxes in the gross amount of $16,275.91 are paid, under Tax I.D. No. 24-37-
15-00-00826.0-0000-00. (Parcel 5)
NOTE: No open mortgage(s) were found of record. Agent must confirm with the owner that the property
is free and clear.
Copyright American Land Title Association. All rights reserved.a.;
The use of this Form k mended to ALTA licensees and ALTA members In good standing as of the date of use. NI other ',
uses are prohibited. Reprinted under license loon
the Amerman Land Title Association. "^'
ALTA Cornmienent (6117/06) (wIM FL Nbddicidons) 3 of 8
Order Number: 4730420
Customer Reference: 16-14-000040
Gidelity National Title Insurance Caapmry (Rev2e9:11.15)
SCHEDULE B SECTION I
Requirements continued
NOTE: Because the contemplated transaction Involves an all-cash closing, the Company has not
performed searches on the names of the purchasers/proposed Insured. If the Company Is asked to Insure
a Mortgage from said purchasers, we will require notification of same and we reserve the right to make
additional requirements and/or exceptions which we may deem necessary after conducting name searches
on the purchasers.
END OF SCHEDULE B SECTION I
The use
Copyright American Land Title Aaeoclalicen All rights reserved ..,�1.
The use of this Form Is restricted le ALTA licensees and ALTA members In good standing as of the dale of use. All ether
uses are prohibited. Reprinted under hcense from the American Land Tihe Aasoclatlon.',
ALTA Commibnent (6It7/06) (with FL Modiflnallons) 4 of 8
Order No.: 4730420
Customer Reference: 16-14-000040
e Tidelity National Title Insurance Company (Ravised111.15)
SCHEDULE B SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, If any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or Interest or mortgage thereon covered by this
Commitment.
2. Taxes and assessments for the year 2015 and subsequent years, which are not yet due and payable.
3. Standard Exceptions:
A. Intentionally deleted.
B. Rights or claims of parties in possession not shown by the public records.
C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished,
Imposed by law and not shown by the public records.
D. Taxes or assessments which are not shown as existing liens in the public records.
4. Any Ilan provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town,
village or port authority for unpaid service charges for service by any water, sewer or gas system
supplying the Insured land.
5. Any claim that any portion of the Insured land Is sovereign lands of the State of Florida, including
submerged, filled or artificially exposed lands accreted to such land.
6. Any and all rights of the United States of America over artificially filled lands in what were formerly
navigable waters, arising by reason of the United States of America's control over navigable waters In
the interest of navigation and commerce, and any conditions contained In any permit authorizing the
filling in of such areas.
7. Phosphate, minerals, metals, and petroleum reservations in favor of Trustees of the Internal
Improvement Fund as recorded in Deed Book 438, Page 547. Note: Right of entry as to exploration Is
released pursuant to F.S. 270.11. (As to Parcels 1, 2, 3, 4, and 5)
8. Intentionally deleted.
9. Declaration of Restrictive Covenants recorded in Official Records Book 3949, Page 1136, as affected by
Partial Release recorded In Official Records Book _, Page (As to Parcel 1)
10. Unity of Title and Access Limitation Agreement recorded In Official Records Book 5421, Page 6998. (As
to Parcels 1, 2, 3, 4, and 5)
11. Sidewalk Easement In favor of the City of Cape Canaveral recorded in Official Records Book 5566, Page
4488. (As to Parcels 1, 2, 4, and 5)
Copyright American Land Tim Association. All rights reserved.
The use of this Form Is rasthcted to ALTA licensees and ALTA members In good standing as of the data of use. All other=
-
uses are prohibited. Repdnted under license from the Amadcan Land Tlde Assodatlon. *�
ALTA Comml"ent (6117106) (v It FL Wdigcadons) 5 of 8
Order No.: 4730420
Customer Reference: 16-14-000040
Fidelity National Title insurance Confpasy (BIA1212 u.1s)
SCHEDULE S SECTION II
EXCEPTIONS
12. Water Line & Ingress/Egress Easement Agreement In favor of the City of Cocoa recorded in Official
Records Book 5566, Page 4497, which was re-recorded in Official Records Book 5609, Page 6689. (As to
Parcels 1, 2, 3, 4, and 5)
13. Intentionally deleted.
14. Sewer Easement in favor of the City of Cape Canaveral recorded In Official Records Book 5566, Page
4513. (As to Parcels 1 and 3)
15. Easement In favor of Florida Power & Light Company recorded In Official Records Book 5581, Page 1745.
(As to Parcels 1 and 3)
16. Sidewalk Easement in favor of the City of Cape Canaveral recorded In official Records Book 5589, Page
1175. (As to Parcels 1, 2, 4, and 5)
17. Easement In favor of the City of Cape Canaveral recorded in Official Records Book 5589, Page 1179. (As
to Parcels 1 and 3)
18. Easement Agreement for Stormwater Drainage, Conveyance, Treatment and Disposal in favor of L&M
Development of Brevard, Inc., recorded in Official Records Book 5757, Page 7433. (As to Parcels 2, 3,
and 4)
19. Resolution No. 2008-03 recorded in Official Records Book 5843, Page 658. (As to Parcels 1 and 5)
20. Covenants, conditions and restrictions set forth in Warranty Deed from ASA Outparcel Group, L.L.P., to
Burger King Corporation, recorded in Official Records Book 5847, Page 1000, as affected by Partial
Release recorded in Official Records Book _, Page _ (As to Parcels 1 and 5)
21. Terms and conditions of Signage, Maintenance and Access Easement Agreement among AIA Acquisition
Group, LTD., L.L.P., L&M Development of Brevard, Inc., and Burger King Corporation, recorded in Official
Records Book 5847, Page 1006. (As to Parcels 1, 2, and 4)
22. Terms and conditions of Storm/Surface Water and Drainage Easement Agreement between AIA
AcquisitionGroup, LTD., L.L.P., and Burger King Corporation, recorded in Official Records Book 5847,
Page 1022. (As to Parcels 1 and 3)
Agreement between AIA
ion
23 Terms and Group, LTD., L.L.P.,
and Burger King Corporation, recorded s of Access, Ingress and Egress eIntOfficial Records Book 5847, age 1036.
(As to Parcels 1 and 4)
24 Landscape and King Corporation, decord d In Official9Recordstbetween 8 Book 5847, AIAAcquisition
10417 o(As t Group,
Pa cells 1 and 5and Burger
)
25. Intentionally deleted.
26. Access Easement among Burger King Corporation, Del Lego Ventures, Inc., and Racetrac Petroleum,
Inc., recorded in Official Records Book . Page — (As to Parcels 1 and 5)
Copyright American Land Titleoted to ALTA
All rights resLTA etl. MM
The
The use of this Farm is msidoted to ALTA Iloefrom t and ALTA members in good standing as of Ma data of use. All other ''
ALTA comrmitment (6/17106) (with PL IModi6ratl ns) a American Land Tile AssoGation.
6 of
Order No.: 4730420
Customer Reference: 16-14-000040
Fidelity National Title Insurance Compmty (Revised z zt 15)
SCHEDULE B SECTION II
EXCEPTIONS
27. Sign Easement in favor of Burger King Corporation, a Florida corporation, recorded in Official Records
Book _, Page _. (As to Parcel 1)
28. Unrecorded Agreement Allocation of Frontage for Signs dated November 15, 2005.
29. Rights of tenants occupying all or part of the Insured land under unrecorded leases or rental
agreements.
NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of
the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the
transaction.
NOTE: If the proceeds of the loan to be secured by the Insured mortgage are deposited with the Company
or Its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or
for the account of the borrower. Neither the Company nor Its agent shall, however, be under any duty to
disburse any sum except upon a determination that no such adverse intervening matters have appeared of
record or occurred.
NOTES ON STANDARD EXCEPTIONS:
Item 3A will be deleted from the policy(les) upon receipt of an accurate survey of the Land acceptable to the
Company. Exception will be made for any encroachment, setback line violation, overlap, boundary line
dispute or other adverse matter disclosed by the survey.
Items 3B, 3C, and 3D will be deleted from the policy(les) upon receipt of an affidavit acceptable to the
Company, affirming that, except as disclosed therein (I) no parties In possession of the Land exist other
than the record owner(s); (11) no Improvements have been made to the Land within 90 days prior to closing
which have not have been paid for in full; and (Ill) no unpaid taxes or assessments are against the Land
which are not shown as existing (lens In the public records. Exception will be made for matters disclosed in
the affidavit.
NOTE: All recording references in this commitment/polity shall refer to the public records of Brevard
County, Florida, unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder
may present Inquiries, obtain Information about coverage, or receive assistance in resolving complaints, by
contacting Fidelity National Title Insurance Company, 601 South Lake Destiny Road , Suite 300, Maitland,
FL 32751; Telephone 855-848-5374.
Searched By: Brian Palmer
END OF SCHEDULE B SECTION II
Copyright Amedun Land ITiffsct.d W ALT eke n All rights rdlreserved. M':;.'.
The use of �� Form is restricted M ALTA licensees erM ALTA members In good standing as of the dale of use. All other
ALTAaCommhbneandl( Reprinted
under
licen afr nthe American Land Title Association. �4&
7ofe
Order No.: 4730420
nc
Customer Referee: 16-14-000040
ridelity National 7711¢ Insurance Canpally (RMd22d a.z1Afi)
EXHIBIT"A"
PARCEL 1: (FEE SIMPLE ESTATE)
The Southeasterly 136 feet of the following described lands:
A portion of those lands described In Official Records Book 5288, Page 2196 and Official Records
Book 5288, Page 2198, of the Public Records of Brevard County, Florida, lying in Section 15,
Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as
follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and
the Westerly right-of-way line of State Road A -1-A (a 100.00 foot wide right-of-way); thence
continue South 36¢44'29" East, along said Westerly right-of-way line, a distance of 660.78 feet, to
the POINT OF BEGINNING of the herein described parcel; thence continue South 36¢44'29" East,
along said Westerly rlght-of-way line, a distance of 294.74 feet, to the Southerly line of said lands;
thence South 53¢15'31" West, along the Southerly line of said lands, a distance of 213.04 feet;
thence North 36°44'29" West, a distance of 270.04 feet; thence North 26¢08'03" East, a distance
of 54.21 feet; thence North 53¢15'41" East, a distance of 164.78 feet, to the POINT OF
BEGINNING.
PARCEL 2: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Signage, Maintenance and Access Easement
Agreement among AlA Acquisition Group, Ltd., L.L.P., L&M Development of Brevard, Inc., and
Burger King Corporation, recorded In Official Records Book 5847, Page 1006, Public Records of
Brevard County, Florida.
PARCEL 3: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Storm/Surface Water and Drainage Easement
Agreement between ASA Acquisition Group, Ltd., L.L.P. and Burger King Corporation, recorded in
Official Records Book 5847, Page 1022, Public Records of Brevard County, Florida.
PARCEL 4: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Access, Ingress and Egress Easement Agreement
between AIA Acquisition Group, Ltd., L.L.P. and Burger King Corporation, recorded in Official
Records Book 5847, Page 1036, Public Records of Brevard County, Florida.
PARCELS: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Access Easement among Burger King Corporation,
Del Lago Ventures, Inc., and Racetrac Petroleum, Inc., recorded In Official Records Book ,
Page Public Records of Brevard County, Florida.
The
Copyright of American Form Land Title Association. All and ALTA
z.„
The use All
this Form Is res rohlbl W ALTA dried un and ALTA members In good standing es of the data {�-A.
lt
of use. All other uses ere prohibltetl. Repdntetl under license from the American Lantl Title Association.
ALTA Commitment (6117106) (with FL Modi6callons) 8 of B
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
Fidelity Normal Financial, Inc. and its majority-owned subsidiary
companies providing real estate- and loan -related services (collectively,
"FNF", "our" or "we") respect and sm committed te protecting your
privacy. This Privacy Notice lets you know how and for what purposes
your Personal Information (as defined herein) is being collected,
processed and used by FNF. We pledge that we will take reasomble
steps at esenre that your Personal Information will only be used in ways
that are in compliance with this Privacy Notice. The provision of this
Privacy Notice in you does rot maw any express or implied
relationship, or create any express or implied duty mother obligation,
between Fidelity National Financial, Inc. end you. Sec also No
Representalloa or Warranties below.
This Privacy Notice is only in effect for any generic information and
Personal Information collected and/or owned by FNF, including
collection through any FNF website and any online families, services
mtd/or programs offered by FNF (collectively, the "Website'). This
Privacy Notice is not applicable to any other web pages, mobile
applications, social media sites, email lists, generic infnteadon or
Personal Information collected and/or owned by any entry Odle, time
FNF.
How Information 6 Coliesual
The types of personal information FNF collects may include, among
other things (collectively, "Personal lnfmnmion"): (1) contact
information (eg., name, address, phone number, email address); (2)
demographic information (e.g., date of birth, gender martal states); (3)
Internet protocol (or IP) address or device ID/HDID; (4) social security
number (SSN), student ID (SIN), driver's license, passpOtq and other
government ID numbers; (5) fiancial account information; and (6)
information related to offenses or cdminal convictions.
In the worse of our business, we may collect Personal information about
you from the following sources:
• Applicarmvs or other fora We receive from you u your authorized
representative;
• Information we receive from you through the Website;
• Information about your transections With car services Performed by
us, oroaff liame, or others; and
• From consumer or other reporting agencies acrd public records
maintained by governmental entities that we eider obtain directly
from those entities, or from our affiliates or others.
Addidilmal Wals Information is Collectled Through the Wehid
Browser Log Files. Our servers autohnatically log each visitor to
the Website and collect and record certain information about each visitor.
This information, may include IF address, browser language, browser
type, operating system, domain times, browsing history (including time
spent at a domain, time and date of your visit), referring/exit web Pages
and URLs, and number of clicks. The domain name and IF address reveal
nothing persnal about the user other furan the IF address from which the
mer has accessed the Website.
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things, those areas of the Website and third perry websiter that you have
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Privacy Notice
Effective: January 6,20 15
l`NFL00,13.rdw
can choose whether or not to accept cookma by changing the settings of
you Internet browser, but some functionality of the Website may be
impaired or not function as intended. See the Third PautVu section
below.
Web Beacons. Some of our web pages and electronic
communications may contain images, which may or ray not be visible m
you, known as Web Beacon (sometimes referred to as "clear gift').
Web Bacons collect only limited information flat includes a cookie
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which the Web Beacon oxides. We may also carry Web Bacons placed
by third parry advertisers. These Web Billions do not Usury airy Personal
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companies ray use nmrpersoally identifiable infatuation (e.g., click
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More information can be found in the Help system of yore browser.
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Us, fP1information
Information collected by FNF is mad for three main purposes:
• To provide products and services an you or one or more third parry
service providers (wpectively,'"fhird Patties') who are obtaining
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• To improve our products and services flue, we perform for you m for
Third Parties.
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offilintcs and third parties' products and services.
When information Is Disclosed By FNF
We may provide yew Personal Information (excluding infonsai en we
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disclaures. Disclosures may include, without limitation, the following:
• To agents, brokers, representatives, or others in provide you with
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orce.m.elwing.
In addition to the other times when we might disclose information about
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goad -Faith belief that such disclosure is necessary to: (1) comply with a
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We maintain reasonable safeguards to keep the Personal Inforation that
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actions of any third parties that receive any of the information that is
disclosed to m.
F,iW.y N.C.
Effective: January 6,3015
FNFI-0043.rdw
I f tl F Children
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Ef nefive: Januay6,2015
FNFL0043.rdw
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AM: Chief Privacy Officer
(888)934-3354
IDUCYc [Q[n-fcytll
Copyright C 2015. Fidelity National Financial, hoc. All Rights Reserved.
P.FFECCIVE AS OF: JANUARY 6, 2015
REAL ESTATE PURCHASE CONTRACT
THIS REAL ESTATE PURCHASE CONTRACT uIr s'Contract-) is made thisday of 2014 (the
-Coached Date' by and between DEL LAGO VENTURES, INC., a Georgia cor aim ('Purchaser) and RGER KING
CORPORATION, a Florda corporation ('Seller"). In consideration for the mutual covenants herein contained, far Ten
Dollars ($10.00) and for Other good and valuable consideration, Me receipt and sufficiency of which is hereby
acknoMedged, Purchaser and Seller hereby agree as follows:
1. CONTRACT PROPERTY. Purchaser agrees to buy and Seller agrees lo sell, for the consideration and
upolathe terms set forth herein, the real property located in Me Slate of Flonds County of ereven, and further coombad
In Exhibit A attached hereto, together vAM all Improvements and fixtures, now located thereon and an appurtenances,
rights, privileges, and easements benehling a pertaining thereb (collectively, Me 'Contract Property"). Seller also agrees
M convey to Purchaser all of Seller's right this and Interest In and to any existing or proposed sheets, roadways, alleys,
sidewalks and/or rights -s -way adjacent to the Command Property. The Contract Property is adjacent to, and to the
couttreast of, BURGER KINGA Restaurant number 16558, located at SM Astronaut Blvd., Cape Canaveral, Florida,
2 PURCHASE PRICE TM purchase price ler the Contract Property shall bei
i Ithe 'Pumhasa Prce), payable by cash or madded funds at Closing
tdffifigiffsihrwr�
3. EARNEST MONEY. Purchaser shell deliver to the Title Company (defined below) Three Thousand Four
Hundred and no/100ths Dollars (33.400.00) as Earnest Money (the 'Earnest Money') within ten (10) business days after
the Contract Date. At the time to sale is consummated, the Earnest Money shall either be: (i) applied as part payment of
Me Purdwse Prim, or (ii) refunded M Purchaser, In which case Purchaser shall pay the entire Purchase Prim (less any
adjustments as provibetl herein) at Goong. Purchaser shall have IN exclusive right to choose option (1) or (II), In
Purchasers sole murelion. Any interest earned on the investment of the Eamest Money by the Title Company shall be
paid M Purchaser. N the sale is not consummated due to Purchaser's delauft, Seller shah receive the Earnest Money as
full Iiquidabd damages ant Purchaser shall be relieved from all further liability and obligations hereunder. If the Salo is not
consummated for any Other reason, then Me Earnest Money shell be immediately returned to Purchaser upon written
request less one dollar ($1.00), which shall be pale to Seller as present, goad and valuable consideration for the rights
granted Purchaser pursuant to Paragraph 5.
4. CLOSING. The dosing of the sale of the Contract Property shall be held at a time and piece mutually
acceptable to Purchaser and Seller within ten (10) business days following IN expiration of Me Feasibility Period as at
kM in Paragraph 5 below (Me 'Closing). Al Closing, Seller Shall convey titin by Special Warner" Dead in farm
reasonably acceptable to Purchaser, and the Contract Property shall be subled to all taxes not yet due and payable, the
'Permitted Exceptions (as hereinafter defined), and all local, state, and federal laws, ordinances, and governmental
regulations, including, but not limited to, holding and zoning have, ordinances, and regulations, now or hereafter in effect.
5. FEASIBILITY PERIOD. Purchaser shall have a period of one hundred twenty (IM) days after Me
Contract Date (the'Feasibllty Penrod') to complete an investigation of the Chntra l Property (and any related easements)
to detmmume Me suitability thereof. Purchaser Is hereby authorized to enter upon such property, after the acceptance a
this Contract for Me purpose of making such surveys, examinations and tests, Including (but add handed M) environmental
tests, Investigation of wetlands, title, wrong and all Other maters mcAhadal to the condition, ownership or use of such
Property, each as Purchaser May determine to be necessary or desirable (mhesNely, Me 'Testi Notwithstanding the
foregoing, except for certain geotechnical work to be performed pursuant to the Scope f Work attached hereto as Exhibit
`C', Purchaser shall not call any holes In the soil or any improvement located an the Contact Property without Si is
Prier written consent. Seller shall cooperate with Purchaser so as to allow Purchaser to fully and properly conduct the
Tests. Purchaser shall have the module right to terminate this Contract far arty reason whetmover, including but net
Ilmftea M condition of Me, st any time prior to the antl of the Feas4ility Period by delivering written notice W Seller, in
which ever Seller shah immediately return all Earnest Money to Purchaser. Purchaser shall Indemnify and had Seller
bamdess from and against arty damage M Me Contract Property or any claims or Ileus against Seller anwor the Contact
Properly mused by or ameng from the Tests ar Purchesels inspection of the Contract Property as provided in MIs
Paragraph 6. Such Indemnification stall not apply M the extent of any negligence by Seller. Purchaser shall rat dlsrAme,
give, or transmft In any manner a forth M any person or entity other than the Purchaser and Seller, end their respective
attorneys, contractors and consultants, any Inf rmardon adatrg M the Contract Property discovered or revealed by the
Tests, or any investigation or MSPadlon Of Ute Conbad Property perfarmad by, M the direction of, or on behalf s
Purchaser, except as may be required by law. The provislons of tris paragraph 6 shall survive Goring or termination of
MIS Contact.
8, TITLE AND SURVEY.
A. During Me Feasibility Period, Pumhaser shall obtain, at Purchasels expense, a complete curter
candied survey of the Conte d Properly and any related sea=" (the'Suaal in a farm acceptable to Purchaser,
which shall domain a legal description of Me Contract Property, which description shall be used in Me conveyance
documends).
B. farm
ac the Feasibility purr Period. Purchaser shell obtain title title insurance my ha mer (the
'Comanor (M ), TIS farm acceptable to Pumhaeer enol Seiler, Issued by a on insurance mmparry go f Me
d
Purchaser (Me'Ttlb Compen M which tbe Tice Company commits Met, upon tlN iso and recording le Me ance
provided ler hereon, the
Title Company will Sam, at Ibe Title Company's usual rates, a y poky rd Owen`s title Insurance
souring Pero reflected
n the iota) amount Contract the Purchase Pace against Ines ea accounts any deers a encumbcanm in Me
title ra c , and Sd le the survey Ot the nentar Property and any related easements. Purchaser shell pay all cents of title
imurenm and Sellas shall pay eel documentary, atsmps on the dead and all transfer arid
co, , of a convenience taxes and teas.
Seller Shall ptovMe to Purchaper withinSe len (10) business nays s Me Contras Date, a copy Ot any title Insurance policy
ar survey fa thin ContactPurchaser
in Sellexamine the
n.
ti
G Purcheser may examine the lite ro and survey is ibe Conten Property and any related
in
easements rid may hotly Satter prim to r has an
of ore effead on Period d any title or survey mattfated which, in
PumhasePs sole opinion, is 'Objection').
oneblo a hes on lly, at a eyes on the Canal , Purch te any m haw easemams
(hereinafter refeny to as on'Objednt, o any subsea et any Uma ensu to Closing, Pumshag have Me rightto
salify Seller m any be arndle appearing on any manner
as an
ec updates survey IS tlaa commitment 6. in which event any
such oblectlons wl0 be handled in the same manner as an Oelectlon sat forth in MIS Paragraph 8.
YWJPIPael Evhle ConPaoMAlalLlCem Gnre,eN[aWrMonallY. Fa�CaMsIP VIe FlIwLEa¢
Signed, sealed and delivered as to
Pumhaser, in the presence of:
U
DE LAGO VENTURES, INC., a Georgia corporation
By
Name:
TPoe:
(CORPORAATESEAL]
�1
Executed this day otic ry 2014.
STATE OF GEOf2G FWD
"COUNTY CIFIBBBT!' n
I, he undersigned, a Notary Public In and for said CountyN said Slate, hereby cerNy the fayli &'atam as
C.6.19• of DEL /AGO VENTURES, INC., a Georgia corporation, whose name is signed to the foregoing
Instrument and who Is known W me, acknowledged before me on this day, that being informed of the contents of the
foregoing Instrument (s)he executed the same volurdary on the day the same bears data.
GNen under my hand and seal this 17't"' day of FC�7YHLiN� 2014.
,gp1111tryaa4
,%`UTAEROp
My Canmisvion Expbas:
.1€ 7�1°` [NOTARIAL SEAL]
Or9 TMS; JS
�Oip�EOR�`�x`,v
Signed, settled and detivared as
to Seller, in the Presence of:
Wltnese
^
Printed Name:'A;wa
r�
_ CMLS .t
Mltatl Neme!r 1.
SE_ Lam.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, the undo sign a Notary Public in and for said County M said State, hereby cadify that
nar i C I f . krr][l WK'�tlme name is signed to the tonsi ing Instrument, end vdlo is krwvm to me, acknoMedged
before me on his day, that being Intomled of the content; of the foregoing Instnment (spe executed he some voluntarily
on the day the same beans dale.
Given under my hand and seal this day of FebruaA-G�014.
T�anAA,P. Ct(�LO
N PuNic
My Commission Expires:
(NOTARIAL SEAL]
,alr„�, a Numaxr
yyp:MI49AMEFEMTa
EM%PE6 pbEni Ie Wl4
'Styu.A.. BmY NbrI PtYW`nAln
Kxx,me;rcrt9wlumc-WI3235CumbMud"..euibIW,M WVo191rsvx,mmlM43I7a0
BR A
Legal Dasaiptlon of Contract Property
Beller:
Burger IOng Corporation
Purchaser.
Del Lago V.nluras, Inc.
Contract Property location:
Aatronaut Blyd. Cap. Canaveral
The Connect Property, as oldined below In red and made a part hereof, being located in County, and being a potion of
Parcel ID No. 243]-15-00-0003].0-0000 00 and is more particularly described as follorvs:
COMMENCING at a point located at sestem nght-of-way bountlary line of Centre] Blvd and the soutern right-aFway
boundary line of AIA, said point being the POINT OF COMMENCMENT; thence proceed along the solution rightof-wey
boundary line of AIA a distance of +1- 780 fast to a point located at the southeast caner of Parcal ID No. 2437-15-00-
00037.0-0000.O , said point being to POINT OF BEGINNING; thence continue along said rightof-wsy boundery line a
distance of +1-138 feet to a point; thence Wm left and leaving said right -of -my boaMary line, prorsad In a southwesterly
direction a distance of +/- 213 feet to a point; thence Win laid and proceed in a southeasterly direction a distance of A-
136 land to a point; thence Wm ]an and proceed in a northeasterly direction a distance of +1- 213 lose to a point, said point
being the POINT OF BEGINNING, all as subject to a current and accurate survey.
u
Nast
N.T.S.
rza«n..sw.s,mmncmRlsns cumew.,nei.a..s=a=ioo. an.=A cn sasm l�wa==wolncmi�wn INITIAL
�-�H�EEnE
_L.{roii
€ Fidelity National 75tie Insurance Company
Fidelity National Title of Florida, Inc.
7208 W. Sand Lake Rd, #304
Orlando, FL 32819
Phone: 407-370-0027
Fidelity National Title Insurance Company
OWNERSHIP AND ENCUMBRANCE REPORT
Order No.: 5138529
Customer Reference: 16.15-0029
This will serve to certify that Fidelity National Title Insurance Company has caused to be
made a search of the Public Records of Brevard County, Florida, ("Public Records") as
contained In the office of the Clerk of the Circuit Court of said County, from February 06,
1997, through February 01, 2015 at 11:00 PM, as to the following described real property
lying and being in the aforesaid County, to -wit:
A parcel of land lying In Section 15, Township 24 South, Range 37 East, Brevard county,
Florida, and being more fully described as follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15
with the Westerly right-of-way line of State Road 401, a 100.00 foot wide right-of-way per
Florida S.R.D. Right -of -Way Map Section 70080-2202; thence South 36°44'29" East along
said Westerly right-of-way line, a distance of 819.52 feet to a point lying 435.60 feet
Northwesterly, as measured along said right-of-way line, of the Northeast comer of those
lands as recorded in O.R. Book 3064, Page 2885 of the Brevard County Public Records, said
point being the Point -of -Beginning of the lands herein described; thence continue South
36°44'29" East, along said Westerly right-of-way line, a distance of 435.60 feet to said
Northeast comer of said lands per O.R. Book 3064, Page 2885; thence departing said right-
of-way line, South 53°1531" West, along the North line of said lands, a distance of 500.00
feet; thence departing said North line, North 36°44'29" West parallel with said Westerly
right-of-way line, a distance of 435.60 feet; thence North 53°15'31" East, a distance of
500.00 feet to the Point -of -Beginning.
Less and except the following described parcel
A portion of parcel of land lying in Section 15, Township 24 South, Rang a 37 East, Brevard
County, Florida, as follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15
with the Westerly right-of-way line of State Road 401, a 100.00 foot wide right-of-way per
Florida S.R.D. Right -of -Way Map Section 70080.2202; thence South 36044'29" East along
said Westerly right-of-way line, a distance of 819.52 feet to a point lying 435.60 feet
Northwesterly, as measured along said right-of-way line, of the Northeast corner of those
lands as recorded in O.R. Book 3064, Page 2885 of the Brevard County Public Records, said
point being the Point -of -Beginning; thence continue South 36044'29" East, along said
Westerly right-of-way line, a distance of 136 feet to a point; thence departing said right-of-
way line, South 53015'31" West a distance of 330 feet to a point; thence South 36°44'29"
East a distance of 299.60 feet to a point; thence South 53015'31" West a distance of 170
feet to a point; thence North 36044'29" West a distance of 435.60 feet to a point; thence
Ownership and Enwmbrance Report Page 1 of 3
Order No.: 5138529
Customer Reference: 16-15-0029
North 53°15'31" East a distance of 500 feet to a point, said point being the Point of
Beginning.
As of the effective date of this Report, the apparent record Fee Simple title owner(s) to the
above-described real property Is/are: -
Racetrac Pertroleum, Inc., a Georgia corporation
The following liens against the said real property recorded in the aforesaid Public Records
have been found:
1. Mortgage Information:
A. Mortgage recorded in Official Records Book 4798, Page 3944.
B. Assignment of Rents, Leases and Profits recorded In Official Records Book 4830,
Page 1990.
C. UCC -I Financing Statement recorded in Official Records Book 4830, Page 1999.
2. Judgment / Lien Information:
A. Notice of Lis Pendens recorded in Official Records Book 6262, Page 2313.
B. Code Enforcement Lien recorded In Official Records Book 7288, Page 183.
3. Informational:
A. Warranty Deed recorded in Official Records Book 3643, Page 4181.
B. Limited Warranty Deed recorded in Official Records Book 3949, Page 1127.
C. Ingress/Egress Easement Agreement recorded In Official Records Book 3949, Page
1131.
D. Declaration of Restrictive Covenants recorded in Official Records Book 3949, Page
1136.
4. Tax Information:
A. Taxes for 2014havebeen paid.
Public Records shall be defined herein as those records currently established under the
Florida Statutes for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does not
purport to insure or guarantee the validity or sufficiency of any documents noted herein;
nor have the contents of any such documents been examined for references to other liens
Ownership and Encumbrance Report Page 2 of 3
Order No.: 5139529
Customer Reference: 16-15-0029
or encumbrances. This Report is not to be construed as an opinion, warranty, or guarantee
of tide, or as a title Insurance policy; and Its effective date shall be the date above specified
through which the Public Records were searched. This Report Is being provided for the use
and benefit of the Certified Party only, and It may not be used or relied upon by any other
party. This Report may not be used by a Fidelity National Title Insurance Company agent for
the purpose of issuing a Fidelity National Title Insurance Company title Insurance
commitment or policy.
In accordance with Florida Statutes Section 627.7843, the liability Fidelity National Title
Insurance Company may sustain for providing Incorrect Information In this Report shall be
the actual loss or damage of the Certified Party named above up to a maximum amount of
$1,000.00.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused this Report to
be Issued In accordance with Its By -Laws.
Fidelity National Title
qTittle Insurance Company
Y4 /:A/ I'4NV�:✓
usan Capps
ownership and Encumbrance Report Page 3 of 3
ATTACHMENT 2
Bowman
December 23, 2014
Ms. Palsy Huffman
110 Polk Ave.
Cape Canaveral, FL 32920
Re: Cape Canaveral RaceTrac
8899 Astronaut Boulevard
Cape Canaveral, FL. 32920
RaceTrac Petroleum Inc. respectfully requests a meeting with the Development Review
Committee on January 7th. Included with this letter is a preliminary site plan depicting proposed
improvements to the site and a Survey showing the existing conditions. Racetrac Petroleum
would like to discuss the process required to perform the following improvements to the Site:
• Acquire the neighboring vacant property to the north of the existing site (Parcel 1 on the
existing Survey) and combine it with the existing RaceTrac property.
• Demolish the existing 3000 square foot Convenience Store, associated parking, Canopy,
and Multi Product Dispensers.
• Construct a new 5,928 square foot Convenience Store.
• Reconfigure the parking and entrance drives as shown on the preliminary site plan.
• Install 6 additional fueling positions (3 additional Multi Product Dispensers).
• Reconfigure the on-site drainage as shown on the preliminary site plan.
If you have any questions or concerns please do not hesitate to call me in our Melbourne office
at 321-270-8992.
Nim Dailey—
Project
ail
Project Engineer
Bowman Consulting Group
_- J,
ATTACHMENT3
I I JOHN A. PEKAa, P.E., LLC
CMI En9inaarirg/ConwMiny
102 Columbia Drive
suim 207
Cape Cavavrrvl, FL 32930
W Pbo 3216132M
Cea P6aoc 321-2881020
joinpeka.pe®8meamm
�aAa'.Q .�iFnN �� Amiflwe ,[e�HurgQ3mril.rom
�nA/unegeer 'UPonne'3�t-IOJ PoSJ
March 9, 2015 Via E -Mail: D.Dickey@citvofcapecanaveml.ora
P. H uffman @citvofcapecanave ra I.orz
David Dickey
Planning & Zoning Director
City of Cape Canaveral
7510 N. Atlantic Ave.
Cape Canaveral, FL 32920-0326
Re: Review #2 of RaceTrac Proposed Modifications
Dear David:
In reviewing the February 27, 2015 submitted plat sheets for RaceTrac Petroleum, Inc. we
recommend City Council approval.
Sincerely,
-}11 C <41,
John A. Pekar, P.E.
JAP:rmf
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 010/28/2015
-0 Item No. --V—
Subject: Sec. 110-257 of the City Code provides a process by which a property owner
can request a determination related to the appropriate zoning district for a use that is
unusual or is not similar to any other listed use – 111 Pierce Avenue (George
Sweetman).
Sweetman
Zoning/Future Land Use: C-1
Summary: The applicant is requesting that a determination be made regarding the
appropriate zoning for the current use that is being conducted on property he owns at
111 Pierce Avenue. This use is not specifically listed in the zoning section of the City's
Code.
The use involves the storage and maintenance of equipment that is used as part of his
commercial fishing operation. Specifically, crab traps are brought to the site and
cleaned/maintained. Also, a boat (skiff) is stored at the site when not in use. The
activity occurs during typical working hours. Staff is not aware of any outdoor lighting
that would create a nuisance. Adequate parking is available on the property. A six-foot
high fence is erected around the area of the parcel used for storage.
The .14 acre parcel contains a single outbuilding that is used to store
equipment/supplies associated with the property owner's commercial fishing operation.
The property is accessed by a driveway onto Pierce Avenue (see attached site photos
– Attachment #2).
Surrounding zoning:
North – C1
South – C1
East – C1
West – C1
Surrounding uses:
North – single-family/retail
South — multi-family/retail
East — multi -family
West — multi-family/office
The applicant purchased the subject parcel and the parcel immediately west (109
Pierce), which contains a multi -family structure, in August and October of 2001
respectively. In 2012, the property at 109 Pierce was sold to another party. According
to the applicant, the property (111 Pierce) has been used in a similar manner since it
was purchased. A number of City permits have been issued forthe address since 2001.
Notablv, a demolition permit in November of 2001 to remove a dilapidated trailer and
Planning and Zoning Board Meeting Date: 10/28/2015
Sweetman Use
Page 2 of 3
enclosed porch. However, the use of the property came to the City's attention and staff
determined that the use was not covered by the City Code. For that purpose the
request has been referred to the P&Z Board for a recommendation to the Board of
Adjustment. Section 110-257 states:
Sec. 110.257. - Unusual uses or uses not specifically permitted.
Any zoning use which, in the opinion of the building official, is similar to
a permitted use shall be treated in the same manner as the use to which
it is similar. Any application to permit a use which, in the opinion of the
building official, is not similar to a listed permitted use or due to its nature
is an unusual use shall be referred to the board of adjustment which will,
according to the procedures set forth for a special exception in article 11
of this chapter, determine the proper zone for such use. The board of
adjustment may prescribe appropriate additional conditions and
safeguards in the public interest.
In indicated above, the property is zoned C-1. This zoning district allows a wide range
of commercial/retail uses. Sec. 110-331 states that the C-1 district is "intended to serve
the consumer needs of nearby residential neighborhoods, as well as the commercial
need of the motorist." A sampling of the permitted uses in the C-1 district include:
• Plant nurseries and greenhouses
• Shopping centers and malls
• Public schools
• Parks/playgrounds
• Restaurants
• Professional offices
• Hotels/motels
Another section of the City Code that discusses "outside storage" is in the M-1 district,
where this use is permitted as a special exception. Outside storage is defined as "the
commercial storage of licensed recreational vehicles, trailers, and trailerable items,
goods, wares, merchandise, commodities, or any other item outside of a completely
enclosed building for a continuous period of longer than 24 hours." It is staffs position
that this language addresses large scale storage of a commercial nature and is not
applicable to the subject request.
Sec. 110-551 of the City Code allows for the parking of boats, utility trailers, recreational
vehicles or special purpose vehicles in the C-1 zoning district. Sec. 110-555 requires
that all commercial areas used for the parking of boats, to include the land upon which
vehicles traverse, be paved.
According to the City's Code Enforcement Division there has not been a notice of
violation sent to this property or property owner.
Planning and Zoning Board Meeting Date: 10/28/2015
Sweetman Use
Page 3 of 3
Attachments:
#1 — Location Map
#2 — Site Photos
#3—Zoning District Excerpts
the Planning and Zoning Board take the
following action(s):
Recommend to the Board of Adjustment that the current use (outdoor storage of a
boat and crab traps and the maintenance of such) of the property located at 111
Pierce Avenue be considered an allowed use in the C-1 zoning district.
the CD Director: David
ATTACHMENT 1
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Attachment #3
Permitted Uses in the C-1 and C-2 Zoning Categories
Sec. 110-332. - Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(1) Retail stores, sales and display rooms.
(2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning
pickup stations, tailor shops and similar uses.
(3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools
and similar uses.
(4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units
per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units
containing provisions for cooking or light housekeeping shall have a minimum floor area not less than
400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the
density required in this chapter for such dwellings.
(5) Eating establishments.
(6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or
dental clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving ranges, bowling alleys and similar uses.
(9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in
the required setbacks.
(10) Repair service establishments, such as household appliances, radio and TV and similar uses, but not
including automobile repairs.
(11) Kindergartens and child care facilities.
(12) Shopping centers and malls.
(13) Retail sale of beer and wine for off -premises consumption.
(14) Public schools.
(15) [Reserved.]
Sec. 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. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning
pickup stations, tailor shops, daycare and similar uses.
3. Dry cleaning establishments using nonflammable solvents and cleaning fluids as determined by
the fire chief.
4. Professional offices, studios, medical and dental clinics, laboratories, general offices, business
schools, data processing and similar uses.
5. Banks and financial institutions.
6. Places in which goods are produced and sold at retail upon the premises.
7. Eating establishments, bakeries and delicatessens.
8. 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 and similar uses
(excluding automobile repairs).
11. Automotive service stations...
12. Light manufacturing, including:
a. Instruments for controlling, measuring mid 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.
h. 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.
I. Costumejewelry, costume novelties, buttons and notions.
m. Other similar uses.
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City of Cavaneral
SPECIAL EXCEPTION
Property Location
111 Pierce Avenue
Cape Canaveral, FL 32920
Worksheet Answers
Submitted by
George & Patricia Sweetman
September 23, 2015
Yes, & No — property is in Cl Zoning which includes mixed usages
Yes — other businesses of same use exist in Cl also
No — very little traffic use
No — business has existed for fourteen (14) years to date with little or no problems
Yes — very simple business. Eighty (80) percent of business is done on the water
Yes — has existed for fourteen (14) years
No — signs or exterior lighting
We depart in the morning to go to work on the water and return when our work
is done for the day
Yes
Yes
Hardly any
Yes
Yes
No
No
Yes
No
ATTACHMENT 4
PAGE II
Special Exception
Worksheet Answers
September 23, 2015
18 No
19 No
20 No