Loading...
HomeMy WebLinkAboutBOA Agenda Pkt. 11-10-2011City of Cape Canaveral Cormi-ittrilty DeveJ()pii-1em Departmei-it IE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE NOVEMBER 10, 2011 7:00 P.U. NEW BUSINESS: 1. Approval of Meeting Minutes: April 28, 2011 1. Motion Re- Special Exception Request No. 11 -04 to Allow a Restaurant to Serve Beer and Wine in the C-1 Zoning District — (6910 N. Atlantic Avenue) - Vincent E. Keenan, Applicant. 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. At lanLicAwnue Post Officc Box 326 - Caj-.)e Canaveral, FL, 32920-0.326 BuHding & Code E'riforcemcm: (321) 868-1222 Planning Development (321) 868-1206 - Fax 8C 111SI)CC6011: (321) 868.12417 City of Cape Canaveral Board of Adjustment Meeting Minutes April 28, 2011 A Meeting of the Board of Adjustment was held on April 28, 2011, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. John Bond, Chairperson, called the meeting to order at 7:08 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Dennis Jenkins Paula Collins George Sweetman Douglas Raymond Arvo Eilau Linda Brown OTHERS PRESENT: Lamar Russell Kate Latorre Barry Brown Susan Chapman Chairperson Vice Chairperson I" Alternate 2"d Alternate Ex Officio Member & Chairperson of the P & Z Board Assistant City Attorney Planning & Development Director Secretary All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS Approval of Meeting Minutes: March 23,_2011. Motion by Dennis Jenkins, seconded by George Sweetinan, to approve the meeting minutes of March 23, 2011, as written. Vote on the motion carried unanimously. 2. Motion 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. Barry Brown, Planning & Development Director, advised that this was a request for a Special Exception to allow for an Assisted Living Facility (ALF) in the R-3 zoning district. The applicant and property owner is Danny Ringdahl, The subject property is an undeveloped portion of Phase III of the Puerto Del Rio Condominium development. The property is approximately 7.7 acres. Properties to the North, East, and Southeast are zoned C-1; and to the South and West are zoned R-3. The surrounding uses to the North and East are Country Inn, Residence Inn, RaceTrac, and Jungle Village; Bayside Condominiums to the South; Puerto Del Rio Condominiums to the West; and undeveloped land that is part of the Radisson Resort property to the Southeast. Board of Adjustment Meeting Minutes April 28, 2011 Page 2 of 4 Mr. Brown reported that 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 and C-1 zoning districts. Mr. Ringdahl has prepared site and building plans and has met with staff numerous times in an attempt to design an ALF that rneets City code is all economically feasible venture, The facility is allowed to have 288 beds in accordance with the density calculation per City code. The property is well suited for this type of use, located between commercial to the East and condominiums to the West. He informed that the request has been heard by the Planning & Zoning, Board and they unanimously recommended approval of the Special Exception. The Con-u-nunity Appearance Board has reviewed the architectural renderings and approved those. Staff recommends approval of the special exception, as requested, with one condition that calls for all construction materials and equipment to be removed froi-il the ALF and condominium properties upon receipt of the Certificate of Occupancy for the ALF. The Board members briefly reviewed the Special Exception criteria worksheet contained in their Board packet. Mr. Brown summarized the contents of same, Danny Ringdahl, Applicant,, explained that this project is designed to have 248, units or 288 beds; 228 units will be 400 sq. ft. Suites, and 20 units will be 700 sq. ft. suites. Tile project is designed to look like a resort hotel. Amenities will include: a dining room, wellness center, concierge, bistros, and a pool bar. Every unit will have a balcony. The architecture is a heavy Spanish Mediterranean style, He thanked the Mayor, City Council, and City staff for their support in making this, project a reality. Discussion followed regarding: permitting, marketing, financing, management, evacuation planning, pedestrian access and streetscape plan along Central Blvd. There were no comments from the audience. Motion by Dennis, Jenkins, seconded by John Bond, to grant Special Exception Request No. 11-02, with the condition that all construction materials and equipment be removed from the ALF and condominium properties upon receipt of the Certificate of Occupancy for the ALF. Vote on the motion carried unanimously. 3. Motion Re: Variance Reauest No. 11-03 to Allow for a Building Length of 353 Feet and a Buildiny, Width of 320 Feet Rather Than the 185 Feet MaxIIII1,111.1 Length or Width per Section 110.316(7); and to Allow for a 2.5 Ft. Setback from an Adjacent Residential 'Lot Line Rather Than the 50 Feet 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. Barry Brown, Planning & Development Director, informed the Board that when the City adopted the code allowing for all ALF as a special exception, certain criteria specific to an ALF was also adopted, one being a building setback of 50 ft. from residential lot lines. He explained that given that 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. Board of Adjustment Meeting Minutes April 28, 2011 Page 3 of 4 Lamar Russell, Chairperson of the Planning & Zoning Board, advised that the Planning & Zoning Board's reasoning for recommending granting the requested variance, was because there is no reason to strictly enforce the 80 ft. setback in this case, because the proposed building is already more than 100 ft. from the property line of the nearest adjacent property; and there is a retention pond which serves all the adjacent properties that is required by the St. Johns River Water Management District. He explained that the code also limits the length or width of a building in R-3 to 185 ft. This was adopted in response to a past proposed development that was to have a single long building that would run from AIA 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. He advised that the Planning & Zoning Board agreed that this was an odd shaped property, and the proposed use was the best compatible use for this property and surrounding properties. Mr. Brown advised that City staff recommends approval and the Planning & Zoning Board recommends approval of the requested variance. The Board members reviewed the variance criteria worksheet contained in their packet. Brief discussion followed regarding winds and breezeways. There were no comments from the audience. Motion by Dennis Jenkins, seconded by John Bond, to grant Variance Request No. 1I- 03, as requested. Vote on the motion carried unanimously. OPEN DISCUSSION: Barry Brown advised that Jim Massoni of the Florida Beer Co. is strongly considering moving his facility from Melbourne to Cape Canaveral. He explained that they need more room and want to expand their brewing operation. He noted that they are classified as a regional brewery, not a micro -brewery. The facility would be located at the Marshall Manufacturing building on Imperial Blvd. He advised that the City Council is in the process of revising the City code to allow for breweries as a permitted use. The ordinance should be adopted at the 2"d reading at the next City Council meeting on May 17t'. John Bond asked if anyone knew of any future plans for the United Space Alliance property. Lamar Russell advised that United Space Alliance holds the lease until 2014. The smaller inventory that belongs to NASA will be disposed of either by giving it to another government agency, selling it, or auctioning it. The larger equipment will be used by KSC. United Space Alliance is trying to attract other government businesses to occupy the building. Barry Brown advised that staff had met with one of the owners of the building, Jim Swann about a year and a half ago about the City's plan for a future traditional downtown type project. Mr. Swann advised that if they could not find new business by the time that the lease expires they anticipated on breaking the property up into smaller sections trying to find tenants for an interim period, but at some time when the economy turned around they would certainly entertain the idea of working with the City on a mixed-use development on that site. Board of Adjustment Meeting Minutes April 28, 2011 Page 4 of 4 Dennis Jenkins advised that he has observed that bicyclist's do not use bicycle lane along Ridgewood Avenue. They still ride in the middle of the street. He asked if there were any plans to mark the lane. Barry Brown recommended that he contact Jeff Ratliff at Public Works. There being no further discussion, a motion was made by John Bond, seconded by Douglas Raymond to adjourn the meeting at 8:25 p.m. By unanimous consensus, the motion carried unanimously. Approved on this day of )2011. John Bond, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Board of Adjustment November 10, 2011 STAFF REPORT Request: For a Special Exception to allow for the on premise consumption of alcoholic beverages at 6910 No. Atlantic Av. per Section 110-171. Applicant: Vincent Keenan Owner of property: Vincent Keenan Subject property: 6910 No. Atlantic Avenue; formerly the location of Boston Beef and Seafood restaurant. Future Land Use and Zoning designation: C-1, Commercial Surrounding zoning: North — C-1, Commercial East — C-1, Commercial South — C-1, Commercial West — C-2, Commercial Surrounding uses: North — Beach Pawn East — Residential South — Tip -a -Few Tavern West — Cape Canaveral Professional Center and Cocoa Palms Trailer Park Summary A Special Exception for alcohol was granted for this property in early 1990 and remained in effect until it expired on March 30, 2011. According to the Code "a Special Exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months". Boston Beef and Seafood ceased operations September 30, 2009 and more than 18 months lapsed before another business serving alcohol applied for a Business Tax Receipt at that location. The applicant is operating a casual restaurant serving hot dogs, hamburgers, etc. and desires to sell beer and wine as was allowed at this location in the past. The restaurant use is compatible with surrounding uses and the request for SE is consistent with past use and appropriate at this location. Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zonina Is the requested SE consistent with the intent of the Comprehensive Plan? Yes, C-1 Commercial land use classification allows for restaurant uses and beer and wine service is an integral part of many restaurant operations. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes, restaurants are principal uses in C-1 Commercial zoning. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off- street parking, signs, storage, landscaping, etc.? The lot and existing building are grandfathered for size, setbacks, coverage, landscaping, etc. The floor plan provided by the applicant depicts 50 seats inside and outside of the restaurant. The Code calls for one parking space for every three seats or 17 parking spaces. While the site plan provided does not depict parking as currently configured, there is adequate provision for parking per code. Special Conditions for establishments serving alcoholic beverages Is the establishment within 300 feet of any existing church, school ground, or playground? No. Is the establishment within 300 ft. of the mean high water line of the Atlantic Ocean or of the Banana River? No. Impact to surroundina properties Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes. A restaurant serving alcohol is an established use at this location and is compatible with the surrounding area. Will the scale and Intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes, as it is currently. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been 2 developed as a principle use? No, this request does not change the nature of previous uses on the site which did not create any adverse impacts to other properties in the surrounding area. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? There is adequate screening and buffering. 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. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. What are the hours of operation and how will they impact surrounding properties? No additional impact. Traffic and Parkina Is there adequate off-street parking? Yes. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. What type and how much traffic will the SE generate? Restaurant patrons. Are there adequate loading and unloading areas? Yes. Public Services Are adequate utilities available? Location and capacity. Yes. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous Impacts 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. 3 Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. No. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board Staff recommends approval of the requested Special Exception as beer and wine had been previously served at this location for 20 years without incident. Planning and Zoning Board Recommendation The Board unanimously recommended approval of the requested Special Exception. Staff Recommendation to the Board of Adiustment Staff recommends approval. 4 City of Cape Canaveral�d-0A SPECIAL EXCEPTION 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. S4? VV f0 Io.P 0 C nA (I W 44-1 Address of requested Special Exception: (ja i n `i - AA -Io_ `c_ Name of Project (if applicable): 37sd-7,0 Legal description: Lots)I O lock Subdivision &-V�n �� S -ca Section C�� Township -2-):4- Rangea�!) Future Land Use and Zoning designations: C I Statement of Fact: - 11 y 1 O C- eVAA 'E� • u -e e-Y1Gt1'l _ , being- duly _sworn, -depose -and say_that:__ I am the property owner. I am the owner(s) designated agent. (Attach notarized letter of authorization). Owner(s) Name: 1+� . V Mailing Address: �j (� p jC���e.l lb (-a-Vie- (.n L' _ l Gl Phone number(s): SQA - LC93 • D t Designated Agent Information (if applicable): Name of Designated Agent: Mailing Address: Phone number(s): Email(s): 3 -AJ PD — Special Exception Application - 071811 Page 3 City of Cape Canaveral SPECIAL EXCEPTION Information Sheet — Cont'd I hereby attest that all informatio , sk ches a d d to contained and m request are honest and true t st of m;mve and belief. , Signature of Applicant: State of Florida County of t3r�eVarCl part of this Sworn to and subscribed before me on this :RO+b day of ,r, m 6r , 2011 by Vt Cej1+ KP_Ga ' \ , ❑ wh is personally 3:0:wTk) or ❑ produced W. — Type of W. �r� Signature of Notary: Notary Seal: SUSAN LCPMAN MY COF!L�.L 332 EXP3 I��ApTARY Co. PD — Special Exception Application - 071811 Page 4 RADIUS AP VEK INC .-_ *_10 MAP SCALE IS: 1:5,000 OR 1 inch equals 500 feet BUFFER DISTANCE: 5,00 feet. 2 This snap was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners does not assuatte responsibiNity for errors ear emissions contained hereon. Produced by: Brevard County Planralng & Zoning Office FN Legend Notification buffer Parcei/lot boundaries Notified Properties Subject Properties - Imo" 311512019 FN Legend Notification buffer Parcei/lot boundaries Notified Properties Subject Properties i :o sTOTTLER STAG; & ASSOCIATES Ix It C� cn