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HomeMy WebLinkAboutP&Z Agenda Pkt. 4-13-2011ROLL CALL: NEW BUSINESS: City of Cape Canaveral gNING & ZONING BOARD MEETING :1E CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE APRIL 13, 2011 7:00 P.M. ►-e Approval of Meeting Minutes: March 23, 2011. 2. Recommendation to Board of Adjustment Re: Special Exception Request No. 11-02 to Allow for an Assisted Living Facility in the R-3 Zoning District, Section 23, Township 24 South, Range 37 East, Parcel 510.0 — (700 W. Central Boulevard) — Danny P. Ringdahl, for Puerto Del Rio LLC, Applicant. 3. Recommendation to Board of Adjustment Re: Variance Request No. 11- n3 to Allow for a Building I ength and Building Width to Exceed the Maximum Allowed per Section 110-314 (6); and Allow for a Setback to Exceed the Minimum Allowed from a Residential Property Line per Section 110-488 (a) of the Cape Canaveral Code of Ordinances, Section 23, Township 24 South, Range 37 East, Parcel 510.0 — (700 W. Central Boulevard) — Danny P. Ringdahl, for Puerto Del Rio LLC, Applicant. 4. Election of Chairperson and Vice Chairperson. OPEN DISCUSSION: Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue e Post Office Box 326 a Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape ® email: ccapecanaveral@cfl.rr.eom PLANNING & ZONING BOARD MEETING MINUTES MARCH 23, 2011 A Regular Meeting of the Planning & Zoning Board was held on March 23, 2011, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Donald Dunn Ron Friedman MEMBERS ABSENT Harry Pearson OTHERS PRESENT Susan Chapman Kim Kopp Barry Brown Todd Morley NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate Secretary Assistant City Attorney Planning & Development Director Building Official Approval of Meeting Minutes: February 9, 2011. Motion by John Fredrickson, seconded by Bea McNeely, to approve the meeting minutes of February 9, 2011. Motion carried unanimously. 2. Recommendation to City Council Re: Amending Chapter 110, Zoning, Section 110-486, Resort Dwellings and Resort Condominiums. Todd Morley, Building Official, advised that the City Council forwarded this item to the Planning & Zoning Board for consideration and recommendation. He explained that currently, Resort Dwellings were a non -conforming use except for a handful of properties that were granted grandfathering status. He identified three ways they could jeopardize their grandfathering status, and clarified that legally nonconforming Resort Dwellings and Resort Condominiums automatically lose their nonconforming status with the City if their state -issued license is revoked by the Florida Department of Business and Professional Regulation for any reason, or if the license otherwise expires or has lapsed for more than 30 days. He advised that at the City Council meeting on January 4, 2011, Councilmember Morgan made a request to further discuss City code Section 110-486, Resort Dwellings; Resort Condominiums; Nonconforming Use Status, Expiration, Council Morgan had stated that his belief was that a Resort Dwelling or Resort Condominium that was established in accordance with the Ordinance should retain the Planning & Zoning Board Meeting Minutes March 23, 2011 Page 2of3 right to operate as such, even if found in violation of City Code Section 110-486 (c) (2). At the February 15, 2011 City Council meeting, the Council discussed the matter further and directed the City Attorney to draft an ordinance revision which would relax the 30 -day provision. He advised that the proposed ordinance notes that the abandonment provision of Section 110-197, Resort Dwellings and Resort Condominiums, would cause the loss of non -conforming status after 180 days of non-compliance. Chairperson Russell advised that City Council discussed this issue and it was their wish to change the code. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the draft ordinance to the City Council, as written. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Amending Chapter 110, Zoning, Article VII, Districts to Permit Breweries with Tasting Rooms and Associated Retail Sales in the M-1 Light Industrial and Research and Development District. Barry Brown, Planning & Development Director, advised that the City was approached by Jim Massoni of the Florida Beer Company a few weeks ago. Mr. Massoni was interested in expanding his operations and is currently looking at the Marshall Manufacturing building located on Imperial Blvd. Mr. Brown provided a description of the property. He explained that the building would house a brewery that would include a tasting room and retail sales. He pointed - out that the existing City code did not allow for this type of use on that property, which was located in the M-1 zoning district. He advised that staff believed that a brewery was an appropriate use in the M-1 zoning district and that the proposed project would attract visitors to the City and compliment other tourist related businesses in the area; this use would enhance local offerings for all visitors including those patronizing the cruise ships; a brewery did not conflict with the intent of the industrial land use classification, as described in the Comprehensive Plan; and this use would also support the Vision Statement that states "A community that... actively recruits and supports businesses that enhance economic viability and serve our residents and visitors." Mr. Brown explained that in order for the City to accommodate Mr. Massoni's request, the City code would need to be revised to specifically list a brewery with tasting rooms and retail sales, as a permitted use, in the M-1 zoning district. The Board reviewed the list of uses and similar uses that were currently allowed in the M-1 zoning district, per the existing City code. Following discussion, the Board members agreed that the list of similar uses were not similar to a brewery. The Board members reviewed the application submitted by Mr. Massoni requesting to amend the City code. Discussion was held regarding parking, water availability and usage, handling of waste, and traffic. Dave Menzel, project architect and engineer, displayed a conceptual plan of the building, property, and floor plan. He pointed -out the areas inside the building where the brewery process, retail sales and tasting room would be located. He also showed the location of the loading docks, parking, and security fencing. Chip LaBrie, brewery operations manager, representing the applicant, explained the brewery process. He advised that the brewery presently uses approx. 600,000 gallons of water per year; they presently do not sell cold beer, except for kegs; the tasting consists of 4 oz. free samples; retail sales would consist of T-shirts, hats, and souvenir items that represented the brewery. He advised that the business has currently outgrown their current location; and they were looking at this area to incorporate tours Planning & Zoning Board Meeting Minutes March 23, 2011 Page 3 of 3 for the people on the cruise ships, as well as tourists visiting the area. He explained that everything created as a byproduct or wastes (grains) are placed in a dumpster next to the building. The dumpster is constantly emptied and the contents are donated to a local farmer to feed his livestock. He verified that nothing is put into the sewer system except for water; and the operation does not produce any foul odors. Mr. Brown affirmed that the proposed site had adequate paved parking; and the water availability would be certified by the City of Cocoa through the City's Concurrency process. He noted that Imperial Blvd., Brown Circle, and Commerce Street were all private roads, owned by Bill Mays, and Mr. Massoni would need to contact Mr. Mays to verify that they have the proper access. The Board members reviewed the proposed ordinance. Brief discussion followed. Motion by Ron Friedman, seconded by Donald Dunn to recommend approval of the draft ordinance to the City Council, as written. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 7:40 p.m. Approved on this day of 12011. Lamar Russell, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Planning & Zoning Board April 13, 2011 Request: For a Special Exception to allow for an assisted living facility in the R-3 Medium Density Residential Zoning District as provided in Section 110-314(6). Applicant and owner of the property: Danny P. Ringdahl Subject property: 700 West Central Blvd. (undeveloped portion of Phase 3A of the Puerto del Rio condominium development) Future Land Use and Zoning designation: R-3, Medium Density Residential District Surrounding zoning: North and East — C-1, Commercial Southeast — C-1, Commercial South and West — R-3, Residential Surrounding uses: North and East — Country Inn, Residence Inn, RaceTrac, and Jungle Village Southeast — Undeveloped land that is part of the Radisson Hotel property South — Bayside Condominiums West — Puerto del Rio Condominiums Summary: Danny Ringdahl, owner and developer of Puerto del Rio condominiums, plans to construct an assisted living facility on the undeveloped portion of his property. In November of last year, the City revised its code to allow for assisted living facilities as a special exception use in the R-3 zoning district. Mr. Ringdahl has prepared site and building plans and has met with staff numerous times in an attempt to design an assisted living facility that meets our code and is an economically feasible venture. The facility is allowed to have 288 beds in accordance with the density equivalency established in Sec. 110-1. The calculation is as follows: 7.7 (the number of acres) x 15 (the residential density) x 2.5 (the equivalency factor for units to beds) = 288 beds. See the project description and the Special Exception Worksheet included in the application. Staff recommendation: Staff considers an assisted living facility to be a needed housing option in the community. Mr. Ringdahl's proposed project is appropriately located and is an important economic development opportunity. Staff recommends approval of the requested special exception. IN APPLICATION Q SPECIAL EXCEPTION a City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILED3-i & -(( FEE PAID4a50, b0 DEPOSIT RECV'D BY: 'W- ($250.00 Filing Fee is non-refundable) 4 N"] 3 NATURE OF REQUEST CK -0 c i Special Exception is for what purpose (Brief Description) __�o Address of request (if applicable) 1 - �• 1 ?oD tit Cep-t�Q( nal J Legal Description: Lot Block Parcel Subdv 00'G 10. D Section 115 Township 24 Range 3? STATEMENT OF FACT: State of Florida, County of Brevard; I pa �J being duly sworn, depose and say that: I t tteprI am the property owner. I am the owner(s) designated agent. ((notarized authorization required) Owner(s) Name(s): �avc41i� 1? {Z,�((, ,,k� �?o P,0-40 QQ � (zIv LL(_ Address: 150 �p.,AA is (�Je,.0 dui c. (-2O1 Cmc-og aa�t� �l.- '3213 Home Pho _ Work Phone 1,z( 3- E-Mail �w 1 a�0o. Cel,,., Applicant(s) Names s :3 Address: Home Phone Work P All inform ti n, s e s and dal and true e be, 'of v knowle Lure of Applicant E -Mail contained and made part of this ;e and belief. , Y:^gym , KENDELL KEITH MY C0MA4ISSI0N # DD808442 EXPIRES July 23, 2012 (4{J7}398-0153 Florida Nota rySer,ice.com Sworn to and ubl5cxibed before me on this _4!day of 2011 Notary Public, State of Florida The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning &Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the PIanning & Zoning Board. (A deposit may be required per Section 110-92) __ _ s.r, ___ :. T�EYISJED Aripi.)e.ATjohl City of Cape canave—Al Building Department (Please Print Legibly or Type) DATE FILED FEE PAID DEPOSIT lCV'D BY: ($250.Filing Foc is Pon-rclandable) NATURE OF REQUEST Special Exception is for what purpose (Brier Description) (ALF) in R-3 zoning di riet r Sec. 110-31 Address of rcqucst (if applicable) 700 Wvq Central Roulevard Legal Description: Lot Block - Parcel Subdivision 00510.0 secti(xi ! 5 3Township24 Rangc37 STATEMENT OF FACT: State of F lori&L County of Brevard; I l3antty l tri claftl being duly sworn, depose arid say that: X I am the protvi-ty owner. I to the owner(s) designated agent (notarized authorization rcquired) weer s) Narne(s): Address: 750 North Atlantic Avenue Home Phorte Work Phone _L321) 783-1164 f, -,M ai I (for-, Applicant(s) Name(s) ante as wrre Addres.i: Home. Phone —A---: --------W_ork Phone E -Mail All infon-nation ?,sketches and data trained anrequ d made pad of this est, are honcst and true to the best o �Icdgc an ~lief' Signature ol'AppWcant Swom to and -,ubscribed before nise on this6"' 5 day of. l txa g 2011 ,4WW jW CM&43im I Do 71W �otft Pu�bfic, St�ateof F oridaA-C The completed Tcqucst fwm and the V-50 filing fee mut be fill as follow -is: Ke esu for Va6ances, lkezoning t Spc6al FACcpliom (Exucpt Tel ccomrnuniamtion Towcr%), require a minimum of thiTV (3) days prior to the nets regulurly schedule'j- Planning & Zoning board McLtinRequest for Telecommunicuions Towem, require a minimum of 15iyty (60),days prior to tho Plarming & Zoning Bond mccting, The Board of AdjuAment mecting, will be yet after the rtqtm�t i--, heird by else Planning & Zoning Board. (A depvt%it may be requircd per Seaion 110-92). 2 City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meeting on the 2nd and 4th Wednesday of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: January 6, 2011 NAME OF APPLICANT(S) Danny P. Ringdahl, c/o Puerto Del Rio, LLC ADDRESS (if assigned) 700 West Central Boulevard PHONE # (321) 783-3364 FAX # E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: 00510.0 PARCEL: SIZE OF SUBJECT IN ACRES: 7.7 acres SECTION: 15 TOWNSHIP 24 RANGE 37 DESCRIPTION: See Site Plan 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Chapter 110, Article VII, Sec. 110.314 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATINS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) R-3 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor, or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. 0) Renewal and/or termination date relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): See attached Justification Statement. L! THE FOLLOWING ENCOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: X *Paid receipt from Finance Department for $250.000 Application Fee *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral') X A listing of legal description of all properties within 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners with a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information stated here: This information was obtained from: Brevard County X A property map showing properties within 500 ft. radius, clearly outlining the subject property. X The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. Not applicable 8. Copy of recorded deed to subject property. See attached 9. Completed worksheet. See attached Justification Statement. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. See attached • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 5 Casa Canaveral Assisted Living Facility Special Exception for Assisted Living Facility in R-3 Zoning Justification Statement Background On November 26, 2010, the City of Cape Canaveral adopted Ordinance No. 17-2010 to establish Assisted Living Facilities as a special exception use in the R-3 Zoning District. Assisted Living Facilities are designed specifically for persons who require assistance with some or all of their Activities of Daily Living (self/personal care), coordination of services, and monitoring of their safety, health and well-being. They are between independent living communities and skilled nursing facilities in terms of services and support available. The subject property is uniquely situated between existing residential to the west and commercial to the east. The ALF is compatible with the surrounding uses and makes an ideal transition between the commercial and residential uses, while fulfilling a specific housing need of the community. The proposed ALF also supports the economic development initiatives of Envision Cape Canaveral, while having minimal impacts on the surrounding public infrastructure. Site Data The proposed ALF on Central Boulevard is located on a site that was originally planned as future phases of the adjacent Puerto Del Rio residential condominiums. As shown on the proposed site pian, the ALF is a 4 story building with 288 beds. As defined in Sec. 110-1 of the Cape Canaveral Zoning Code, ALF are allowed the equivalency of 2.5 beds per allowed dwelling unit. The following is a summary of the proposed use: Existing Zoning: R-3 Parcel Size: 7.7 acres Permitted Residential at 15 Units/Acre: 115 units ALF Equivalency (2.5 beds per unit): 288 beds Proposed Total Beds: 288 beds Proposed ALF Units: 248 ALF units Parking Sec. 110-491 of the Cape Canaveral Zoning Code requires two (2) parking space for every three (3) units, plus one space for each employee on the largest working shift. 248 units x 2 spaces per 3 units = 166 spaces Largest working shift = 35 spaces Total Parking Required: 201 spaces Total Parking Provided: 201 spaces 6 January 6, 2011 Special Exception Review Criteria The following questions are the criteria used by the Planning and Zoning board and board of zoning adjustment regarding the special exception. Impacts to surrounding properties Is the proposed Special Exception compatible and harmonious with properties and uses in the surrounding area? Explain Why. The subject property is uniquely situated between existing residential to the west and commercial uses to the east. The proposed use serves as an ideal transition from the commercial uses and is highly compatible with the adjacent residential uses. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with the adjacent land uses? The ALF is a residential use that is highly compatible with existing residential in the area. The architecture of the Casa Canaveral ALF is designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face is offset with each building face no larger than 80 feet long to match the existing condominiums. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? Since ALF residents have a reduced reliance on automobiles, there is a corresponding reduction in the total number of vehicular trips that are associated with an ALF. As such, the City of Cape Canaveral is able to maintain an adequate level of service on the roadway to serve the residents without the need to expand roadway capacity: Traffic Impact Comparison Approved Condominiums: 128 units ITE Projected PM Peak Trips/Unit: 0.55 trips Total Projected Trips for Condos: 70 trips Casa Canaveral ALF: 288 beds ITE Projected PM Peak Trips/Bed: 0.17 trips Total Projected Trips for ALF. 49 trips 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater runoff, or other offsite impacts. As shown on the site plan, all service areas including loading areas and dumpsters are located on the western border, adjacent to commercial and as far away from existing residential as possible. The parking and traffic circulation are designed to 7 January 6, 2011 have minimum impact to other properties in the surrounding area. Stormwater runoff is addressed by a shared retention pond to the west of the development. Will there be adequate screening, buffers, landscaping, and open space, etc. To mitigate any adverse impacts of the SE? Yes. Loading docks and dumpsters will be screened from public view consistent with the specific requirements for ALFs as prescribed in Sec. 110-488(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? Yes, see attached site plan. 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue flare or incompatibility with adjoining properties? Yes. The minimal proposed signage will be subject to review and approval by the City of Cape Canaveral Community Appearance Board. 8. What are the hours of operation and how will they impact surrounding properties? The Casa Canaveral ALF is a residential facility that will be occupied and staffed 24 hours a day. Traffic and Parkinq 9. Is there adequate off-street parking? Yes. The parking meets all requirements of Sec. 110-491 of the City of Cape Canaveral Zoning Code for parking. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and emergency access? Yes. All traffic circulation has been reviewed by engineering public safety officials for adequate traffic flow and emergency access. 11. What type and how much traffic will the SE generate? Since ALF residents have a reduced reliance on automobiles, there is a corresponding reduction in the total number of vehicular trips that are associated with an ALF as compared to the previously approved residential condominiums 8 January 6, 2011 Traffic impact Comparison Approved Condominiums: 128 units 1TE Projected PM PeakTripsiUnit: 0.55 trips Total Projected Trips for Condos: 70 trips Casa Canaveral ALF: 288 beds ITE Projected PM Peak Trips/Bed: 0.17 trips Total Projected Trips for ALF: 49 trips 12. Are there adequate loading and unloading areas? All loading and service areas are located on the northeast side of the building as shown on the site plan. Public Services 13. Are there adequate public utilities available? Location and capacity. Yes. Public utilities are available to the site. Sewer lines and liff station are being increased to serve the project. Concurrency evaluation for all utilities is required prior to issuance of a building permit. 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? No. All ALFs are required to prepare an emergency evacuation plan that must be approved by the State prior to issuance of a license. 15. Will the proposed Special Exception have any 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. It is projected that the proposed use will have a significantly less impact on public services than the previously approved residential condominiums. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Dumpsters will be screened from public view consistent with the specific requirements for ALFs as prescribed in Sec. 110-488(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. The subject property is located in an urbanized area and the site was previously graded and prepared for development. 9 January 6, 2011 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including vies and vistas, and loss or degradation of cultural and 'historic resources? No. Due to the location of the property west of Hwy )A/Astronaut Blvd, the property is not in a location that will block views or breezes from the Atlantic Ocean or Banana River shores. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. In addition to construction jobs, ALF provides support neighborhood -based small business endeavors which support such facilities. These may include, but are not limited to pharmacies, doctor's offices, walk-in clinics, recreational/fitness centers, neighborhood markets, and sit-down restaurants. 20. Will the proposed amendment have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? The Casa Canaveral ALF will fulfill a specific housing need that is currently not being met in this community. Families will no longer need to travel outside the City of Cape Canaveral to see their loved ones in a skilled care facility. Nationally, according to a report issued by AARP, people facing the harsh reality of having to deal with the impaired capacity of loved ones or themselves, are requesting that services be delivered in their homes or in a more home -like community setting such as assisted living facilities. Economically, environmentally, and socially, it makes sense that residents receive these services in their neighborhood, where they can continue to live, play and contribute. Home and Community-based facilities such as the Casa Canaveral ALF offer residents a high degree of communication and interaction, companionship, and an improved quality of life. Certain on-site amenities such as community dining, greatly reduces the isolation that elderly tend to experience when living alone in the community. 10 January 6, 2011 "FASU-MIKOlml Jim Ford, CFA Brevard County Property Appraiser - Map Search 11 IMMEW-11WIN City of Cape Canaveral, Florida Planning and Zoning Board April 13, 2011 Request: For the following Variances: (1) to allow for a building length of 353 feet and a building width of 320 feet rather than the 185 feet maximum length or width per Section 110-316(7); and (2) to allow for a 25 ft. setback from an adjacent residential lot line rather than the 50 feet per Sec. 110-488(x). Applicant and Owner: Danny P. Ringdahl Subject property: 700 West Central Blvd. (undeveloped portion of Phase 3A of the Puerto del Rio condominium development) Future Land Use and Zoning designation: R-3, Medium Density Residential District Surrounding zoning: North and East — C-1, Commercial Southeast — C-1, Commercial South and West — R-3, Residential Surrounding uses: North and East — Country Inn, Residence Inn, RaceTrac, and Jungle Village Southeast — Undeveloped land that is part of Radisson South — Bayside Condominiums West — Puerto del Rio Condominiums Description: Danny Ringdahl, owner and developer of Puerto del Rio condominiums, plans to construct an assisted living facility on the undeveloped portion of his property. In November of last year, the City revised its code to allow for assisted living facilities as a special exception use in the R-3 zoning district. Certain criteria specific to assisted living facilities were also adopted, one being a building setback of 50 ft. from residential lot lines. Given the separation from existing and future residential structures and given that existing structures are separated by a retention pond, the 50 ft. setback requirement does not serve its intended purpose in this situation. See the Variance Worksheet in the application packet. The code also limits the length or width of a building in R-3 Zoning District to 185 feet. This was adopted in response to a past development proposal that was to have a single building that would run from A1A to the Banana River along the north side of the Canaveral River. This would have been architecturally undesirable, it would have blocked views of the river, and would not have allowed for breezeways. The proposed 1 ALF is not waterfront and is not of the magnitude that the code was intended to prevent. See the Variance Worksheet in the application packet. Staff Recommendation: Staff recommends approval of the variance requests. Pertinent sections of code: Sec. 110-316. - Area and dimensions. In the R-3 medium density residential district, area and dimensions shall be as follows: (1)Minimum lot area shall be as follows: a.One- and two-family, 7,500 square feet. b.Multiple-family, 10,000 square feet. (2)Minimum lot width shall be 75 feet. (3)Minimum lot depth shall be 100 feet. (4)Maximum lot coverage shall be 35 percent. (5)Minimum living or floor area shall be as follows: a.One-family, 1,100 square feet per dwelling unit. b.Two-family, 750 square feet per dwelling unit. c.Multiple family, as follows: 1.Efficiency, 450 square feet per dwelling unit. 2.One bedroom, 650 square feet per dwelling unit. 3.Two bedrooms, additional bedrooms, 750 square feet per dwelling unit plus 200 square feet for each additional bedroom. (6)Maximum height shall not exceed 45 feet. (7)Maximum length or width of a structure shall not exceed 185 feet. (Code 1981, § 637.39) Sec. 110-488. Assisted Living Facilities. (a) Front, side and rear setbacks shall be a minimum of 25 ft.; setbacks from adjacent residential lot lines shall be a minimum of 50 feet. VARIANCE APPLICATION PACKET Instruction sheet..........................................2 Submittal Checklist.......................................2 Information Sheet...................................3 & 4 Application & Worksheet ..........................5 & 6 Radius Package Instructions ...........................7 Casa Canaveral ALF - Variance Application Page 1 City of Cape Canaveral VARIANCE Instruction Sheet A pre -application meeting with the City Planner is required prior to completion and submittal of a Variance application. The Variance shall be prepared in compliance with the requirements of Chapter 110, Sections 110-36 & 110-37 of our code. To access our code, visit ;. _-1. On the home page, highlight City Departments, highlight City Clerk, and then click on Code of Ordinances; click on Municipal Code Corporation and this will take you to municode.com, and then click on Cape Canaveral Code of Ordinances. 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 time of submittal the application will not be accepted. Variance Application Submittal Checklist 1. X Completed Information Sheet 2. X Power of Attorney, if applicant is not the owner. 3. X Payment of application fee and escrow deposit. 4. X 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 6). 5. X Property survey showing: legal description and subject property boundaries. 6. X Copy of recorded deed or Opinion of Title for subject property. Casa Canaveral ALF - Variance Application Page 2 City of Cape Canaveral VARIANCE Information Sheet Description of Request: (Insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. This is a request for a variance to allow for a building length of 353 feet and a building width of 320 feet rather than the 185 ft. maximum length or width per Sec. 110-316(7); and a variance to allow for a 25 ft. setback from an adjacent residential lot line rather than the 50 feet per Sec. 110-488(x). Address of requested variance: 700 West Central Bo Name of Project (if applicable): Casa Canaveral ALF Legal description: Lot(s) _,Block,_, Subdivision 00510.0 , Section 15 , Township 24 , Range 37 FLU and Zoning designations: R-3, Residential Statement of Fact: I, Danny. P. Ringdahl , being duly sworn, depose and say that: X I am the property owner. I am the owner(s) designated agent. (Attach notarized letter of authorization). Owner(s) Name: Danny P. Ringdahl c/o Puerto Del Rio, LLC Mailing Address: 750 N. Atlantic Avenue, Suite 1209, Cocoa Beach, FL 32931 Phone number(s): (321 ) 783-3364 Email(s): dpringdahl(Qyahoo.com Designated Agent Information (if applicable): Name of Designated Agent: Mailing Address: Phone number(s): Email(s): Casa Canaveral ALF - Variance Application Page 3 !� .. r-Ql 11 VARIANCE JMhUWAt hereby attest that all information, s request are honest and true to the t 1'-Zignature of Applicant; is r` data cont i 'd and made part of this y nowled s an4 belief. State of Florida County of Sworn to and subscribed before me on this V day of 20 -1 -0 -by o is personally known, or prod dN,i d.—,TYpe..of-L-d._�_. Signature of Notary: - Notary Seal: -------- QY Y4o i CDD Varian-ce Application 001,2310 Page 4 Casa Canaveral Assisted Livin_q Facility Proiect Background information The proposed Adult Living Facility (ALF) on Central Boulevard is a new and unique use within the City of Cape Canaveral. The City of Cape Canaveral recently adopted new regulations for this use, and this property is the first to be permitted under the ALF requirements. The subiect property is uniquely situated between existing residential to the west and commercial to the east. This property was previously zoned commercial and the proposed use for an ALF is compatible with the surrounding uses and makes an ideal transition between the commercial and residential uses, while fulfilling a specific housing need of the community. City of Cape Canaveral VARIANCE Worksheet Variances are to be authorized where they are not contrary to the public interest and where, due to special conditions, a literal enforcement of the terms of the ordinance would result in unnecessary hardship. The ordinance sets forth specific conditions which must all be demonstrated by the applicant before the board empowered to grant the Variance. If the applicant cannot satisfactorily address all of the following, this should serves as a preliminary indication that the application may be rejected. The conditions are as follows and items (1) through (6) must be answered in full. (City Code Section 110-37). That Special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The irregular shape of the lot combined with the architectural requirements for a Ngh- quality ALF necessitate the need for a building that is closer than the 50 -foot setback and exceeds the 185 maximum length for structures in the R-3 Zoning District. This is the first and only ALF to be proposed in the City of Cape Canaveral. 2. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would cause unnecessary and undue hardship on the applicant. The proposed ALF is to be located between existing commercial and existing residential condominiums. The property was formerly zoned C-1 commercial, where it would have not been subiect to the building width limit. The side yard setback variance is the result of a lot line for a shared retention pond that is closest to the ALF rather than the adjacent residential condominium. The building is located more than 100 feet from the Property line of the closest residential lot and approximately 135 feet from the closest residential condominium building. Without these variances, an ALF of this high-quality and enhanced amenities could not be built at this location. Casa Canaveral ALF - Variance Application Page 5 City of Cape Canaveral VARIANCE - Worksheet — Cont'd 3. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicant is proposing the ALF resulting in the variance request. 4. That granting the Variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or building in the same district. There have been no other ALF in this or other zoning districts in the City. 5. That the reasons set forth in the application justify the granting of the Variance, and that the Variance, if granted, is the minimum that would make possible use of the land, building or structure. Yes. The granting of the variance is the minimum in order to develop the proiect. Due to the irregular shape of the lot, which is adiacent to and partly surrounds an existing shared retention pond, the 50 -foot setback to residential zoned property severely limits the ability to build an ALF on this property. In addition, the building is located more than 100 feet from the property line of the closest residential lot and approximately 135 feet from the closest residential condominium building. 6. That the granting of the Variance will be in harmony with the general intent and purpose of the zoning code will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The Future Land Use and Zoning Maps of the City of Cape Canaveral show that the City has a commercial core (C-1 Zoning) that is generally surrounded by residential uses (R-3 zoning) along the Atlantic Ocean and Banana River shores. The building height requirements (Sec. 110-316(61), setbacks (Sec. 110-317(al) and minimum breeze requirement (Sec. 110-319) are intended to protect the breeze and views of the two shores for structures that are in close proximity. The location of the proposed ALF does not warrant these restrictions as there is a separation from the shore by the existing Puerto Del Rio Condominiums. In addition, the property is located adiacent to C-1 Commercial where such standards do not apply. Immediately north of the proposed ALF is a Residence Inn with a building length of approximately 480 feet. South of the property is the Raddison Hotel with a building length of 630 feet. The length of the building does not impede views or breezes from other properties to the water. The 50 -foot setback requirement (Sec. 110-488(al) is intended to protect residential uses from the more intensive service components of an ALF. To that end, this ALF is oriented so that all loading docks and dumpsters are as far away from the residential development, and blocked from view by the proposed building. The proposed building is otherwise similar in massing, and style to the adiacent residential condominiums and provides a compatible and ideal transition from residential to the commercial uses. Casa Canaveral ALF - Variance Application Page 6