HomeMy WebLinkAboutBOA Agenda Pkt. 8-30-2012NEW BUSINESS:
Cape Canaveral
Planning & Zoning Department
BOARD OF ADJUSTMENT MEETIN
CAPE CANAVERAL PUBLIC LIBRAR
201 POLK AVENUE
AUGUST 30, 2012
6:00 FW1,.
1. Approval of Meeting Minutes: July 26, 2012.
2. Motion Re: Special Exception Request No. 12-06 to Allow an Assisted Living Facility in
the R-3 Zoning District - 700 W. Central Boulevard - Danny P. Ringdahl, Applicant.
3. Motion Re: Variance Request Ro. 12-07 to Allow a Building Length and Width to
Exceed the Maximum allowed by Code; and Allow for a Building Setback to Exceed the
Minimum Required from a Residential Property Line - 700 W. Central Boulevard -
Danny P. Ringdahl, Applicant.
VICTIM 111011FEWMe" ^41111111,112
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.
75101 Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1206 — Fax (321) 868-1247
http://www.cityofcapecanaveral.org
MEMORANDUM
Date: August 27, 2012
To: Board of Adjustment members
From: Barry Brown, Planning and Development Director
RE: August 30, 2012 Board of Adjustment Meeting
Items #2 and #3 on the agenda are applications for a Request for a Special Exception
and Requests for Variances for the Casa Canaveral Assisted Living Facility. The
Special Exception and Variance requests were originally approved by the Board of
Adjustment on April 28, 2011. These approvals expire after 12 months if a Building
Permit is not issued. A Building Permit was not issued within the 12 month time period;
therefore, the Special Exception and Variance approvals have expired. Mr. Ringdahl
has reapplied for both the Special Exception and Variances. The Requests for the
Special Exception and Variances have not changed since originally approved.
Douglas Raymond will be interviewed for a voting position on the Board (see attached
application).
If you have further comment or question, please email
B.Brown(a-cityofcapecanaveral.org or call me at 321868-1206.
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
July 26, 2012
A Board of Adjustment Meeting was held on July 26, 2012, at the City of Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Dennis Jenkins,
Vice Chairperson, called the meeting to Order at 7:00 P.M. The Secretary called the roll.
MEMBERS PRESENT:
Dennis Jenkins Vice Chairperson
Paula Collins
George Sweetman
Arvo Eilau
MEMBERS ABSENT:
Linda Brown
Douglas Raymond
OTHERS PRESENT:
Susan Chapman Secretary
Barry Brown Planning & Development Director
Kate Latorre Assistant City Attorney
Lamar Russell Ex Officio Member & Chairperson of the P & Z Board
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
1. AAMroval of Meeting Minutes: April 5, 2012.
Motion by Dennis Jenkins, seconded by Arvo Eilau, to approve the meeting minutes of
April 5, 2012, as written. Vote on the motion carried unanimously.
2. Motion Re: Variance Request No. 12-04 to Allow for a 6 ft. High Fence to be
Located within 25 ft. of a Public Right of Way in the R-2 Zoning District - (400
Jackson Avenue) - Adam Warner, Applicant.
Barry Brown explained the request, described the property, surrounding uses, and zoning.
The Board reviewed the variance application, worksheet and criteria, and viewed
photographs of the existing fence. Barry Brown stated that Staff recommends approval,
with the condition that the new fence be white vinyl and placed in the same location.
Barry Brown advised that Staff was currently preparing revisions to the fence code.
Lamar Russell advised that corner lots are unique having 25 ft. setbacks on two sides.
Dennis Jenkins commented that being across the street from a ball field gives the
property owner an added incentive for needing a high fence.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 2 of 5
James McKune, Applicant's Representative, testified that a new 6 ft. high vinyl fence
would enhance the neighborhood and it would also raise the level of privacy and security.
He believed that the criteria required to be entitled to a Variance was met with this
request.
Kenneth Gibson, resident, 400 Jackson Avenue, advised that the stockade fence existed
when he moved in over 25 yrs. ago. He believed the applicant was entitled to the
Variance. He noted that he has a large dog that could scale a 4 ft. high fence, and yard
tools that a 4 ft. high fence would not protect against theft. Brief discussion followed.
Motion by Dennis Jenkins, seconded by George Sweetman, to grant Variance Request
No. 12-04, as requested, with the condition that the new fence be placed in the same
location as the existing fence and that it be white vinyl as is installed elsewhere on site.
Vote on the motion carried unanimously.
3. Motion Re: Variance Request No. 12-05 to Allow for a 6 ft. High Fence to be
Located within 25 ft. of a Public Right of Way in the C-2 Zoning District - (8600
Astronaut Boulevard) - Eric Robart, Designated Agent.
Barry Brown explained the request, described the property, surrounding uses, and zoning.
The Board reviewed the variance application, worksheet and criteria. Barry Brown
advised that the applicant intends to renovate the property in phases to create a Port of
Call facility and described same. A development agreement was currently being
negotiated between City and Mr. Baugher. He advised that meeting the current Code
would create an unnecessary hardship by requiring a reconfiguration of the parking area,
loss of parking spaces, and loss of a portion of the drive aisle. The Board members
viewed an aerial of the proposed fence location in relation to the curb and sidewalk.
Bob Baugher testified that a six foot high fence was needed for security. He described
the proposed fence location. He noted that they are currently negotiating with an
aerospace company to occupy the first floor of the building for two years which would
bring 80 new high tech jobs into the City. If this happens, they would need to segregate
approximately 100 of the existing 420 parking spaces. Therefore, in a few years they
may need to come back and change the concept. He gave a timeline of the phases for the
overall Port of Call project.
The Board viewed a photograph of the existing site and setting for the proposed fence
and landscaping (Entered into the record as Board Exhibit A). Discussion followed.
Barry Brown spoke about future planned improvements on SR AIA, Central Blvd. to
Thurm Blvd., and W. Central Blvd. Lamar Russell advised that as a result of the City's
visioning and potential grants, Central Blvd. will be modified with streetscape similar to
Ridgewood Avenue. He noted that fences, asphalt, and landscaping are the easiest things
to change. He was in favor of approval as presented.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 3 of 5
Charles Pindziak, citizen, commented that this property is along a main thoroughfare, and
allowing the fence to be that close to the street would be an eyesore of immense
proportions; there was no proven hardship; the request has nothing to do with bringing in
new jobs, it only has to do with aesthetics and it's going to look horrible; all it comes
down to is a few parking spaces and a little more money; and to grant this request would
be a big mistake.
Following additional discussion regarding the proposed placement of the fence and
landscaping a motion was made by Dennis Jenkins, seconded by Paula Collins, to grant
Variance Request No. 12-05 with the following conditions:
1) The fence shall be set back a minimum of 2 ft. from the property line to
accommodate growth of landscaping.
2) Landscaping along the fence line shall be provided as directed by Staff.
3) The fence shall be of an ornamental metal.
Vote on the motion carried unanimously.
4. Motion Re: Special Exception Request No. 12-02 to Allow Storage or Parking of
Recreational Vehicles, Trailers, and Trailerable Items - (6850 N. Atlantic Avenue
- Yogi Patel, Petitioner.
Barry Brown explained the request, described the property, surrounding uses, and zoning.
The Board reviewed the special exception application, worksheet and criteria, and the
recommendation by the Planning & Zoning Board. The Board members viewed photos
and aerials of the property. Barry Brown advised that the two main issues of this request
were screening and access. He noted that the South side of the property will be
substantially landscaped per Code.
John Kabboord, representative for the applicant, testified that they planned to store
mostly watercraft; the property location is unique being adjacent to 7/11, and the property
is heavily burdened with three 25 ft. setbacks; security is the main concern; fencing needs
to be tall enough to prevent unwanted and unauthorized access.
Discussion was held regarding compatibility; screening; fence height, location, and color;
landscaping; Staff comments; access; driveway length; hours of operation; and the Code
requirement for the area to be paved.
Following discussion, a motion was made by Dennis Jenkins, seconded by Paula Collins,
to grant Special Exception Request No. 12-02 with the following conditions:
1) Access to the site shall be from Johnson Avenue.
2) The driveway shall be a minimum of 45 ft. in length.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 4 of 5
3) Fencing shall be 8 ft. in height along the east side; and 6 ft. in height on all
other sides, with substantial landscaping.
4) The fence along the south side shall be moved back at least 6 ft. from the
sidewalk, so that the existing palm trees will be on the outside of the
fence. The existing 4 ft. fence shall be replaced with a 6 ft. fence.
5) The fence color shall be of a neutral or natural finish.
6) Hours of operation shall be limited to daylight hours only.
7) The entire area shall be paved and thus, stormwater control be engineered
to meet Code.
8) The area shall comply with the Florida Building Code - Mechanical Code,
Section 303.4. Provide approved protective barriers for Mechanical
appliances subject to physical damage from vehicular encroachment.
9) The area shall comply with the National Electrical Code, Section 225.61
(B). Verify clearance from grade to lowest point of overhead service -drop
conductors. Because the parking area will be subject to truck and RV
traffic, clearance shall be at least 18 ft. from grade.
Vote on the motion carried unanimously.
5. Motion Re: Variance Request No. 12-01 to Allow for a Fence or Wall to be Over
4 ft. in Height within 25 ft. of any Public Right of Way in the C-1 Zoning District
- (6850 N. Atlantic Avenue) - Yogi Patel, Petitioner.
Barry Brown's testimony was incorporated into this agenda item from the previous
agenda item.
Motion by Dennis Jenkins, seconded by Arvo Eilau, to grant Variance Request No. 12-
01, as presented. Vote on the motion carried unanimously.
6. Discussion and Motion Re: Changing_Meeting Time from 7:00 p.m. to 6:00 p.m.
Following a polling of the Board members for their availability to change the meeting
time, a motion was made by Dennis Jenkins, seconded Paula Collins, to change the
meeting time to 6:00 p.m. Vote on the motion carried unanimously.
OPEN DISCUSSION
No discussion was held.
There being no further business for the Board to consider, a motion was made by Dennis
Jenkins, seconded by Paula Collins, to adjourn the meeting at 9:00 p.m. Motion carried
unanimously.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 5 of 5
Approved on this day of , 2012.
Dennis Jenkins, Vice Chairperson
Susan L. Chapman, Secretary
City of Cape Canaveral, Florida
Board of Adjustment
August 30, 2012
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.
P&Z recommendation: On August 22, 2012, P&Z Board recommended approval of Speci
Exception Request No. 12-06. 1
Staff recommendation: Staff considers an .• living facility to • a .•~# 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 with the addition of a condition that calls for all construction materials and equipment
to be removed from the ALF and condominium properties upon receipt of the certificate of
occupancy for the ALF.
f�f-« .:
\7}. � � � \ . \
\\)`� \ . w }\� \\� � /\
r« \� ,
�.�.
W
Ww
City of Cape Canaveral
Building Department
(Please Print Legibly or Type)
"7
DATE FILED,z," FEE PA DEPOSIT
TD_ �950,�00
RECV'D BY:,%C-($250.00. Filing Fee is non-refundable)
lbe oz
�Pe
NATURE OF REQUEST
-Special Exception is for what purpose (Brief Description) Ao
71516 R -
%J
Address of request (if applicable 700 W.
Legal Description: Lot Block Parcel Subdv e7o
Section 115 30wn��hip_9_4 Range
STATEMENT OF FACT: State of Florida, County of Brevard,
being duly sworn, depose and say that
r.
the �property owner.
am the owner(s) designated agent. (notarized authorization required)
Owner(s) Narne(s):P0 &94 _- f? RAG&to dem LL
Address: 150 ljo.0(mjicI-2CA
IvJ_" k- 7L. ,x.21`6
Home Phone-, Work Phone (11z() Alk E -Mail
Applicant(s) Names(s):
Address: N'
N
Home Phone — Work T
j � I's
All irifor ti nL, and da
L
L
0
0,
and true e b , , knowle
tore of Applicant
E -Mail
contained and made part of this
,,e and b6liei.
KENDELL KEITH
MY COMMISSION # DD808442
EXPIRES July 23, 2012
(407)398-0153 FlondallotaryServicexom
Sworn to and u cxibed before me on this &day of 20H
iz� W — 1�6�_
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 Planning & Zoning Board. (A deposit may be required per Section
120-92)
0
City of Cape Canaw ' ,
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 Tfdrty (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 meetings on the 2nd and 4th Wednesdays
of every month at 7:30 p.m. in the City Hall Annex, ill Polk Avenue, Cape
Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE
SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you'have any
please contact the Building Department at (321) 868-1922.
1. NAME OF APPLICANT(S) Q6,u F I
ci P4.
ADDRESS (if assigned).- -70c)
PHONE # 321 70°3 34(- FAX #
E-MAIL
2. COMPLETE LEGAL DESCRIPTION OF PROPERTY:
LOT-- . BLOCK— SUBDIVISION: 000(0.0
PARCEL:
SIZE OF SUBJECT PROPERTY IN ACRES:
SECTION: (6 TOWNSHIP
DESCRIPTION: Sac <4e.. P6.,..
3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS
SOUGHT
(EXAMPLE, ARTICLE X, SECTION 2)-,. C-60641 It See , Ito. 311
4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE
APPLICATIONS MAY RESULT IN DENIAL OF REQUEST)
5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1
ETC.)
6. PROVIDE THIRTEEN (1°3) 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.
4
(b) Adequate o. , -get parking and loading area. ' ! 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.
(j) Renewal and/or termination dates 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):
5
THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS
APPLICATION:
—Z *Paid receipt from Finance Department for $250.00 Application Fee.
* Paid receipt from Finance Department for Deposit, if applicable.
(Make checks payable to the "City of Cape Canaveral")
✓ A listing of legal descriptions of all properties within a 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 within 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 submitted stated here: =.
This information was obtained from:
A property map showing properties within the 500 ft. radius, clearly
outlining the subject property.
✓ 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.
8. Copy of recorded deed to subject property.
9. Completed worksheet.
10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s)
are encouraged.
• 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 requestnzinus all associated costs.
G
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 plan, the ALF is a 4 story building with 300 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 20 Units/Acre*: 154 units
ALF Equivalency (2.5 beds per unit): 385 beds
Proposed Total Beds: 300 beds
Proposed Residential Units: 248 units
* R-3 maximum density of 20 units per acre when located on a collector road.
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 beds =
166 spaces
Largest working shift =
35 spaces
Total Parking Required:
201 spaces
Total Parking Provided:
208 spaces
March 16, 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
1. 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 tris
Total Projected Trips for Condos: 70 trips
Casa Canaveral ALF: 300 beds
ITE Projected PM Peak Trips/Bed: 0.17 trips
Total Projected Trips for ALF: 61 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 for away from
existing residential as possible. The parking and traffic circulation are designed to
2 March 16, 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.
5. Will there be adequate screening, buffers, landscaping, and open space, etc. To
mitigate any adverse impacts of the SE?
Yes. In addition to building landscaping as required by the Zoning code, a 6 -foot
high masonry wall will be built where the driveway abuts the adjacent residential
property. Loading docks and dumpsters will be screened from public view
consistent with the specffi'c requirements for ALFs as prescribed In Sec. 110-488(co.
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 Parking
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 1s a
corresponding reduction in the total number of vehicular trips that are associated
with an ALF as compared to the previsously approved residential condominiums
3 March 16, 2011
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. 300 beds
ITE Projected PM Peak Trips/Bed: 0.17 trips
Total Projected Trips for ALF: 61 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.
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 that 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 speck
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.
4 March 16, 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 1A/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 fufll a speck 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 qualify 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.
5 March 16, 2011
TO! THE CITY OF CAPE CANAVERAL, M
IN RE: PROPERTY OF PUERTO DEL RIO, LLC, A FLORIDA LINTITED
LIABILITY COMPANY — Property located at Central Blvd. near Therm
Blvd., Cape Canaveral, FL 32926
This is to advise you that the law firm. of NIOSL13y & WALLAS, RA, has caused to be
examined the public records of Brevard County, Florida, affecting the title to the fbllow9-.18
described real property:
LEGAL DESCRIPnQh`
,B), $ veyorl
A PARCEL Of LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST,
BREVARD COUNTY, FLORIDA, BEING A PORTION OF PUERTO DEL RIO PHASE 3 AS
RECORDED IN OFITICIAL RECORDS BOOK 6619, PAGE 6509, BOUND ON THE NORTH AND
WEST BY PHASES 3A AND 3B OF SAID OFFICIAL RECORDS BOOK 6519, BOUND ON THE
EAST BY OFFICIAL RECORDS BOOK 3675, PACE 971, OFFICIAL RECORDS BOOK 3949,
PAGE 1127 AND OFFICIAL RECORDS BOOK 3064, PAGE 2885 AND BOUNDED ON, THE
SOUTH BY CENTRAL BOULEVARD PER OFFICIAL RECORDS BOOK 30.57, PAGE 445, ALSO
BEING PHASES 3C, 3D AND 3E OF SAID OFFICIAL RECORDS BOOK 6519, ALL AS
RECORDED IN THE PUBLIC RECORDS OF SAID BREVkRD COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRjSED AS FOLLOWS;
COMMENCE AT AN INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAID
CENTRAL BOULEVARD, (A 100 FOOT WW PER 0,R,13, 3057, PAGE 445) AND THE EAST
LINE OF SAID OA.B. 4292, PAGE 2493, THENCE N.00'! 1'26- W. ALONG SAID EASTERLY
LINE OF SAID O.R.B. 4292, PAGE 2493, FOR A DISTANCE OF 976.72 FEET; THENCE
CONTINUE ALONG SAID EAST LINE N.4910613511 E. FOR A DISTANCE OF 29 02 FEET TO
AN INTERSECTION WTH THE WEST LINE OF SAID O.R.B. 2675, PAGE 971; THENCE
S-37'22'00" E. ALONG SAID WTST LINE FOR A DISTANCE OF 157.75 FEET TO THE POINT
OF BEGINNING SAID POINT ALSO BEING THE NORI-KERLY AND %ESTERLY LINES OF
PHASE 3C, PUERTO DEL RIO; THENCE ALONG THE SAID NORTHERLY AND WESTERLY
LINES, THE NEXT (18) COURSES, S,72'07'51- W. FOR A DISTANCE OF 76.21 FEET TO A
POINT OF' CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST Hid VING A RADIUS
01 150.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 17°18'28" FOR AN ARC DISTANCE OF 45.3; FEET TO A
POINT OF TANGENCY; THENCE S,89o26'1 9" W. FOR A DISTANCE OF 5.51 FEET; THENCE
S.00°35'41" E. FOR A DISTANCE OF 10.26 FEET; THENCE 8.78'53'42" P. FORA DISTANCE
OF 198,89 FEET; THENCE 8.52*39'13" W. FOR A DISTANCE OF 95.63 FEET; THENCE
S,37'20'24" E. FOR A DISTANCE OF 24.52 FEET; THENCE S,07'39'36" W. FOR A DISTANCE
OF 46,43 FEET: THENCE S-37'20'24" & FOR A DISTANCE OF 90.90 FEET; THENCE
S,32'2411" E, FOR OR A DISTANCE OF 25.2U FEET; THENCE 5,37".0'24" E. FOR A DISTANCE
01 22.88 FEE -1; THENCE S,41*26'40" E. FOR A DISTANCE OF 30,27 FEET; THENCE
S37'20'24"E, FOR A DISTANCE OF 14132 FEET, TIJENCEN.52-39-36- E, FORA DISTANCE
OF 25.il FEET: THLNICE S.37'20'24" E. FOR A DISTANCE OF 32,80 FEET; THENCE
S.52'39'36" W. FOR A DISTANCE OF 139,95 FEET; THENCE 8.37°20';14" E. FOR A DISTANCE.
OF 335.38 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 385.00 FEET, SAID POINT HAS A RADIAL BEARING OF S.25'58'21" E. FROM
THE CENTER OF SAID CURVE; THENCF SOUTHWESTERLY ALONG TILE ARC OF FAID
CURVE THROUGH A CENTRAL ANGLE OF 16°41'53" FOR AN ARC DISTANCE OF 112.43
FEET TO THE EASTERLY AND NORTHERLY LINES OF PHASE 3B, PUERTO DEL RIO;
THENCE S.09*14'29" B ALONG T.HE EASTERLY LINE OF SAID PHASE 5B FOR )k
DISTANCE OF 15-00 FEET TO A POINT ON A CURVT, CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 400,00 FEET, SAID POINT HAS A RADIAL BEARING OF S.09'74'29"
E, FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF FOR AN ARC DISTANCE OF 7.22
FEET; THENCE N,00°35'22" E. ALONG SAID EASTERLY LINE FOR A DISTANCE Of 180,20
FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY = OF CENTRAL
BOULEVARD; THENCE S.89*27'05" R ALONG SAID RIGHT -OF' -WAY LINE A DISTANCE OF
557.40 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 561.05 PEET, SAID POINT HAS A RADIAL BEARING OF S.00°' 2'55"
FROM THE CENTER OF SAID CURVE; THENCE NORTAEASTERLY ALONG THE ARC
OF SAID CURVE AND THE SAID NORTH RIGHT-OF-WAY LINE THROUGH A CENTRAL
ANGLE OF 12°5`4'31" FOR AN ARC DISTANCE OF 126,40 FEET TO AN INTERSECTION
WITH THE WEST LINE OF O.R.B. 3064. PAGE 28E5, AND THE SAID NORTH RIGHT-OF-
WAY; THENCE. LEAVING SAID MHT-OF-WA*t' LINE N,37'22'00" W. ALONG SAID
WESTERLY LINE Of SAID O.R-B. 3064, PAGE 2885, O.R.3 3949, PAGE 1127 AND OAA.
3675. PAGE 911 FOR A DISTANCE OF 1278.39 FEET TO THE POINT OF BEGINNING.
SADAN� CtAzcM- 'fle8eoAOpIti. Of T;11-1.
It is the opinion of the undersigned member of the law firm that fee a ie title to the
above described property is vested in PUERTO DEL RIO, LLC, a Florida limited liability
company as of March 14, 2011, snb;ect to the following:
1. Mortgage in favor of First Horizon Home Loan Corporation recorded in O.R.
Book 5402, Page 6896 as modified by Mortgage Modification Agreamant and Notice, of Future
Advance recorded in OX Book 560S, Page 2310; as assigned by Assignment recorded in O.R
Book 5715, Page 7784 and as modified by Mortgage Modificatiow recorded in O.R. Book 5715,
Page 7799 and O.R. book 6286, Page 2737, all of the Public Records of Brevard County, Florida
2. Ad Valorem Real Estate Taxes for 2010 are now due gad payable. Ali prior year
taxes have been paid.
DATED this 9 day of Memb, 2011.
MOSLEY & WALLIS, P.A.
By:
Curtis R. Mosley
STATE OF FLORIDA
COUN.IY OF BREVARD
The foregoing instrument was acknowledged before me this JE day of March, 2011, by
CURTIS R. MOSLEY who is personn, ly known to mo or who has produced as iden#fication and
who did/did not take an oath.
WITNESS my hand and official seal this J.J!_ day of March. 2011.
0aaa�a�ha9 ......
NoteryPublic: r
�
� My Commission Expires:
'Mt1�. _..o _f
sw�neta mer�a-x�niw-,;�or•rr,� e�
11''ll, ililrli� gprj��l ilill
m
City of Cape Canaveral
Board of Adjustment
Special Exception Order
Applicant's Name: I
Application Number:
Hearing Date: o0,41rmIZ, ZO/,)
Is the Applicant's special exception request authorized by the City Code? Yes
No
V. All development orders (including special exceptions) must be consistent with the City's
Comprehensive Plan. § 163.3194, Fla. Stat; § 110-27(e), Cape Canaveral Code.
Is the Applicant's special excgoion request consistent with the City of Cape Canaveral's
Comprehensive Plan? Yes_ I/ No
V1. All special exception decisions must also be based on the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the special exception, including its proposed scale
and intensity, traffic -generating characteristics, and offsite impacts, is compatible and harmonious
ace
with adj 7 land uses, and will not adversely impact land use activities in the immediate vicinity.
Yes No Not Applicable
Board of Adjustment
Special Exception Order
Page 1 of 4
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed access
and internal circulation, and the design enhancements to be adequate to accommodate the proposed
scale and intensity of the special exception requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping, open space, off-street
parking, and other similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed special exception.
Yes lNo Not Applicable
(3) Whether the proposed special exception will have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values.
Yes No Not Applicable
(4) Whether the proposed special exception will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious
and desirable vegetation, d flood hazards.
Yes No Not Applicable
(5) Whether the proposed special exception will have an adverse impact on historic, scenic, and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
Yes No /Not Applicable
Board of Adjustment
Special Exception Order
Page 2 of 4
(6) Whether the proposed special exception will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and recreation, streets, public
transportation, marina d waterways, and bicycle and pedestrian facilities.
Yes No Not Applicable
(7) Whether the proposed special exception will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood quality.
Yes No //Not Applicable
VII. Are there any other applicable requirements of federal, state, local law, City Charter, or City Code
that must be complied with by the applicant?
A. Yes (cite below) No
1412w, 7111C
B. If yes to VILA., does the special exception requested comply with the applicable federal,
state, local w, City Charter, or City Code requirements?
Yes No
VIII. Based on the evidence and testimony presented at the hearing, and based on the legal requirements
set forth above, the Board of Adjustment hereby makes the following final decision regarding the
aforementioned application:
Approved with no conditions/safeguards
Board of Adjustment
Special Exception Order
Page 3 of 4
f/ Approved with the following additional conditions and safeguards Y
imposed b the Board:
P
Ti1�? 1�1L Gvh��'le�iG j/v�►/ /YID%�%�L/Jam .�� fj.�.�ay�
Denied for the following reasons:
IX. Pursuant to Section 110-33, Cape Canaveral Code, any party aggrieved by any final decision of the
Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such
appeal must be filed with the City Manager within ten (10) calendar days of the date of the Board
ofAdjustment's final decision. The City Manager shall schedule the appeal for the next regular City
Council meeting. The City Council shall hear and consider the appeal de novo and consider
evidence and testimony of any interested party. The Council shall have the right to either affirm or
reverse, in whole or in part, the decisions of the Board of Adjustment. The City Council's decision
shall be final and subject to appeal to a Court of Competent Jurisdiction.
FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF
ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE
DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD
OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL.
A copy of a Notice of Appeal form is attached to this order.
Done and Ordered this th2,47—t day of . AP1Wz- , 20// .
Attest:
Recor mg Secretary
Chairman
Board of Adjustment
Special Exception Order
Page 4 of 4
City of Cape Canaveral, Flori
Board of Adjustment
August 30, 2012 1
��1.111 WO1,11-:1411
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. 11 0-488(a).
Subject property: 700 West Central Blvd. (undeveloped portion of Phase 3A of the
Puerto del Rio condominium development)
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 AM 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
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 variances as requested.
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.
City of Cape Canaveral,'OWO,
A j
"0 F,
VARIANCE
fb
Information Sheet
01, 01 0
Description of Request: (linsure 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 from Section 110-316(71, Cane Canaveral Code to allow
a building in excess of the maximum length of 353 feet in lieu of 185 feet in the R-3
Zoning District, and a variance from Section 110-488(a) to allow a 25 -foot setback for
an Assisted Living Facility in lieu of 50 feet.
Address of requested variance -
Name of Project (if applicable): Casa Canaveral ALF
Legal description: Lot(s) BlockSubdivision 00510.0
Section 15 Township 24 Range -37
zLU and Zoning designations: R-3, Residential
1, Danny. P. Ringdahl , being duly sworn, depose and say that:
1p ig i ill giii ig��
Owner(s) Name: Danny P. Ringdahl c/o Puerto Del Rio, LLC
Phone number(s): (321) 783-3364
Emaili dprinqdafyahoo.com I
Name of Designated Agent: Planning Design Group
Mailing Address: 930 Woodcock Road, Suite 224, Orlando, FL 32803
Phone number(s): (407) 896-0455
Email(s): kkeith@pdgfia.com
CitapeCana%i'e I
VARIANCE
Information Sheet — Contd
I hereby attest that all information, sketc s a data contai d and made part of this
request are honest and true to the bAt my nowtedge an belief.
�ignature of Applicant:
State of Florida
County of
Sworn to and subscribed before me on this day of
2MMIM
KENDELL KEITH
My COMMISSION # FF)D808442
EXPIRES July 23, 2012
(407) _311-1131 FlondallotarySerme com
CDD - Variance Application - 092310
P"who is personally
Casa Canaveral Assisted Living Facwty
Project 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 subject 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).
1. 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 irre_gular shape of the lot combined with the architectural requirements for a hjgh-
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 subject 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.
Mn - VarinnrP Annliritinn - OQ?Rl (1
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.
Due to the irregular shape of the lot, which is adjacent 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. 110-31 616]), setbacks (Sec. 110-317161) 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 adjacent 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. 110-488161) 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 adjacent residential condominiums and
provides a compatible and ideal transition from residential to the commercial uses.
rnn - V-Arinnrn - nca?,2i n
OPINION OF TITLE
TO: THE CITY OF CAPE CANAVERAL, FL
INRE: PROPERTY OF PUERTO DEL RIO, LLC, A FLORIDA LINIITED
LIABILITY COMPANY — Property located at Central Blvd. near Thum
Blvd., Cape Canaveral, FL 32920
This is to advise you that the law firm of MOSLEY & WALLIS, P.A. has caused to be
examined the public records of Brevard County, Florida, affecting the title to the following
described real property:
LEGAL DESCRIPTION
-*sUrA wd
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST,
BREVARD COUNTY, FLORIDA, BEING A PORTION OF PUERTO DEL RIO PHASE 3 AS
RECORDED IN OFFICIAL RECORDS BOOK 6519, PAGE 6509, BOUND ON THE NORTH AND
WEST BY PHASES 3A AND 3B OF SAID OFFICIAL RECORDS BOOK 6519, BOUND ON THE
EAST BY OFFICIAL RECORDS BOOK 3675, PAGE 971, OFFICIAL RECORDS BOOK 3949,
PAGE 1127 AND OFFICIAL RECORDS BOOK 3064, PAGE 2885 AND BOUNDED ON THE
SOUTH BY CEN-TR9L BOULEVARD PER OFFICIAL. RECORDS BOOK 3057, PAGE 445, ALSO
BEING PHASES 3C, 3D AND 3E OF SAID OFFICIAL. RECORDS BOOK 6519, C -L AS
RECORDED IN THE PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DBSCIUBED AS FOLLOWS:
COMMENCE AT AN INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF SAM
CENTRAL BOULEVARD, (A 100 FOOT %VV PER O.R.B. 3057, PAGE 445) AND THE EAST
LINE OF SAID OJLB. 4292, PAGE 2493, THENCE N.00'51'26" W. ALONG SAID EASTERLY
LINE OF SAID O.R.B. 4292, PAGE 2493, FOR A DISTANCE OF 976.72 FEET; THENCE
CONTINUE ALONG SAID EAST. LINE N.48°06'35" E. FOR A DISTANCE OF 258,02 FEET TO
AN INTERSECTION IWTH THE WEST LINE OF SAID O.R.B. 2675, PAGE 971; THENCE
S.37'22'00" E. ALONG SAID WEST LINE FOR A DISTANCE OF 157.75 FEET TO THE POINT
OF BEGINNING SAID P01NT ALSO BEING THE NORTHERLY AND WESTBRLY LINES OF
PHASE 3C. PUERTO DEL RIO; THENCE ALONG THE SAID NORTHERLY AND WESTERLY
LINES, THE NEXT (IS) COURSES, S.72°07'51" W. FOR A DISTANCE OF 76.21 FEET TO A
POINT OF CURVATURE OF A CURVE CONCr1VE TO THE NORTHWEST HAVING A RADIUS
OF 150.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 17'19'28" FOR AN ARC DISTANCE OF 45.3; FEET TO A
POINT OF TANGENCY; THENCE S.89'26' 19" W. FOR A DISTANCE OF 5.51 FEET; THENCE
S.00°35'41" E. FOR A DISTANCE OF 150.26 FEET; THENCE 5.78153'42" E. FORA DISTANCE
OF 198,89 FEET; THENCE S.52°39'13" W. FOR A DISTANCE 0'F 95.63 FEET; THENCE
S.37'20'24" E. FOR A DISTANCE OF 24.52 FEET; THENCE 5.07°39'36" W. FOR A DISTANCE
OF 46.43 FEET; THENCE S,37'20'24" E. FOR A DISTANCE OF 90.90 FEET; THENCE
S.32°24237" E. FOR A DISTANCE OF 25.^.0 FEET; THENCE S.37°20'24" B. FOR A DISTANCE
OF 22.88 FEET; THENCE S.41°26'40" B. FOP, A DISTANCE OF 30,27 FEET; THENCE
S."s 7°20'24" E. FOR A DISTANCE OF 142.32 FEET; THENCE N.52`39'36" E. FOR A DISTANCE
OF 25.11 FEET; THENCE S.37'20'24" E. FOR A DISTANCE OF 32.80 FBET; THENCE
5.52`39'36" W. FOR A DISTANCE OF 139.95 FEET, THENCE S.37'20 -W- E. FORA DISTANCE
OF 13538 FEET TO A POINT ON A CURVE. CONCAVE. TO THE NORTHWEST HAVING A
RADIUS OF 385.00 FEET, SAID POINT HAS A RADIAL BEARING OF S.25°58'21" E. FROM
THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 16'43'53" FOR AN ARC DISTANCE OF 112.43
FEET TO THE EASTERLY AND NORTHERLY LINES OF PHASE 3B, PUERTO DEL RIO;
THENCE 5.09°34'29" B. ALONG THE EASTERLY LIVE OF SAID PHASE 3B FOR A
DISTANCE OF 15.00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 400,00 FEET, SAID POINT HAS A RADIAL BEARING OF 3.09°74'29"
E. FROM TIM CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 1'02'01" FOR AN ARC DISTANCE OF 7.22
FEET; THENCE N.00135'22" E. ALONG SAID EASTERLY LINE FOR A DISTANCE OF 180.20
FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE S.89'27'05" E. ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
S57.40 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 561.05 FEET, SAID POINT HAS A RADIAL. BEARING OF S.00'32'55"
W. FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE AND THE SAID NORTH RIGHT-OP-VI'AY LINE THROUGH A CENTRAL
ANGLE OF 12°54'31" FOR AN ARC DISTANCE OF 126.40 FEET TO AN INTERSECTION
WITH THE WEST LINE OF O.R.B. 3064. PAGE 2885, AND THE SAID NORTH RIGHT-OF-
WAY; THENCE LEAVING SAID RIGHT-OF-WAY LINE N.3722'00" W. ALONG SAID
WESTERLY LINE OF SAID O.R.B. 3064, PAGE, 2885, O.R.B. 3949, PAGE 1127 AND O.R.B.
3675. PAGE 971 FOR A DISTANCE OF :278.39 FEET TO TIM POINT OF BEGINNING.
S.ZWge filwv— sa C&uv&ji-.2trpMTk0ploim of 7tdtAw
It is the opinion of the undersigned member of the law firm. that fee simple title to the
above described property is vested in PUERTO DEL RIO, LLC, a Florida limited liability
company w of March 14, 2011, sublect to the feIlowing:
1. Mortgage in favor of First Horizon Home Loan Corporation recorded in O.R.
Book 5402, Page 6896 as modified by Mortgage Modification Agreement and Notice of Future
Advance recorded in O.R. Book 5608, Page 2310; as assigned by Assignment recorded in O.R.
Book 5715, Page 7784 and as modified by Mortgage Modifications recorded in O.R. Book 5715,
Page 7799 and U.R. book 6286, Page 2737, all of the Public Records of Brevard County, Florida.
2 Ad Valorem Real Estate Taxes for 2010 are now due and payable. Allprior year
taxes have been paid.
DATED this 9 day of )March, 2011.
MOSLEY & WALLIS, P.A.
Hy;
Curtis R. Mosley
STATE OF FLORIDA
COUN"IY OF BREVARD
The foregoing instrument was acknowledged before me this 4C day of March; 2011, by
CURT'IS R. MOSLEY who is pemonsl.Iy bowa to me or who has produced as ideirtification and
who did/did not take an oath.
WITNESS my hand and official seal this JL day of March, 2011.
SAftbla aloiCosn CwwwAl • RmoshlW;Woa of'. X..ev-
Notary -Public: ` '(
My Commission Expires: l E I'(
Brevard Prpperty - Fviapi searci�
v
411
VIII .4 1011,
"n
A
4,
A"
lw
N,
Nk-
rx 1,
N)
o, V, V
M,
gg
N
Ir
A
C,
1Y
v %4
a
nv,
http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?naine=Brevardl &id=2011040... 4/8/2011
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an', application. City Code al
prohibits a person from serving on a City Board or Committee if that perso�rt- has been convicted of
felony, unless their civil rights have been restored.
-7
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name
2. Wtateikddress:
3. Home and Cellular Telephone: 2 53 L2 0"i V
4. Occupation:
5. Business Telephone:
6. Business Address:
7. E -Mail: Az) ,D 7Ll s— ret.�
The information provided in this section is for purposes of determining whether you are eligible
serve on a City advisory board or committee. i
1. Are you duly registered to vote in Brevard County? (y) j� (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N)
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (y)
5b. If yes to 5a, please list each:
A
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background chedc before being Oe4
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the CRY of Cape Canaveral? (Y) (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N)y
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTSJEXPERIENCE
1. BrAlft state your Interest in serving on a City advisory board or committee:
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. _ I Board of Adjustment*
b.
Business and Economic Development Board
C.
Code Enforcement Board*
d.
Community Appearance Board*
e.
Construction Board of Adjustment and Appeals*
L
Culture and Leisure Services Board
g.
Library Board
h.
Planning and Zoning Board*
L
Other.
*Member of these boards are required to complete and file with the supervisor of E/ec to a Financia!
Obdosuna Form upon appointment to said board and pdor to July 1 of each year foloowinB the initial
appolntmmnt whge std a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
.:29 4. L ��_ ....
i
4.
Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel Help to qualify you for membershjp on the desired board or cxnmittee.
3�s .
D. STATE REPORTING REGUIREAAENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Sectary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
la L
Af can -American
✓ Male
Asian -American
Female
Hispanio-American
Not Known
Native -American
✓ Cei Ian
DISABILITY
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.511-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220,". 221.
Signature:
Please return to:
City of Cape Canaverhr
Office of the City Cleric
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: -�7 1-:2—
Date Appointed-
Appointed by:
Board Appointed to•
Tenn Expires:
Page 3 of 3