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HomeMy WebLinkAboutBOA Agenda Pkt. 4-28-2011CALL TO ORDER: 0711111IiTim NEW BUSINESS: City of Cape Canaveral Community Development Department 30ARD OF ADJUSTMENT MEETING CORRECTED AGENDA 201 POLK AVENUE APRIL 28, 2011 7:00 P.M. 1. Motion Re: Approval of Meeting Minutes — March 23, 2011. 2. Motion Re: Special Exception Request No. 11-02 to Allow for a.. 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. Agenda Item #3 is corrected to read as Follows: 3. Motion Re: Variance Request No. 11-03 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 to Allow for a 25 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. OPEN DISCUSSION: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi -Judicial Board members who may or may not participate in Boardi �� s i ns eld at this public meeting. Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.myflorida.com/cape e-mail: cityofcapecanaveral.org City of Cape Canaveral Board of Adjustment Meeting Minutes March 3, 2011 A Meeting of the Board of Adjustment was held on March 3, 2011, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. John Bond, Chairperson. called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Dennis Jenkins Linda Brown Arvo Eilau MEMBERS ABSENT: Paula Collins George Sweetman Douglas Raymond OTHERS PRESENT: Lamar Russell Kim Kopp Barry Brown Susan Chapman Chairperson Vice Chairperson 2nd Alternate 1St Alternate Ex Officio Member Assistant City Attorney Planning & Development Director Secretary All persons giving testimony were sworn in by Kim Kopp, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: September 16 2010. Motion by John Bond, seconded by Dennis Jenkins, to approve the meeting minutes of September 16, 2010, with one correction. Vote on the motion carried unanimously. 2. Motion Re: Special Exception Request No. 11-01 to Allow On -Premise Consumption of Alcoholic Beverages in the C-1 Zoning District at LaFiesta Mexican Restaurant 7802 N Atlantic Avenue Section 23 Township 24 South, Range 37 East. Block 25. Lot 9 Avon by the Sea Subdivision — Alice Fusillo for Alice's Fiesta Inc. Applicant. Barry Brown, Planning & Development Director, reported that the property currently had a Special Exception for beer and wine only. Ms. Fusillo, owner of LaFiesta Mexican Restaurant, was requesting another Special Exception that would allow her to provide full liquor service to her patrons, as well as beer and wine. Board of Adjustment Meeting Minutes March 3, 2011 Page 2 of 2 Mr. Brown reported that LaFiesta met the City's seating requirement for a restaurant to serve full liquor; and met the distance requirement from churches, schools, and playgrounds. He advised that the property did not provide sufficient parking, per City code, and therefore additional parking needed to be provided on another property within 500 feet pursuant to a written parking agreement. He advised that Ms. Fusillo had procured a parking agreement with the Wachovia Bank in order to provide the remainder of the required parking. Discussion was held regarding if it was appropriate to provide the parking per City code across AIA. The Board members agreed that having full liquor sales at LaFiesta would not significantly increase the number of patrons. The Board reviewed and discussed the recommendation of the Planning & Zoning Board which included two conditions as follows: 1. Improve the seating plan to clearly depict how many seats each table will accommodate to meet the 150 seating requirement. 2. Install a sign of reasonable size at the corner entrance of her parking lot and on the door advising customers that additional parking was available at Wachovia Bank. Mr. Brown stated that condition #1 of the Planning & Zoning Board's recommendation had already been satisfied. The Board held discussion regarding what would happen if the Wachovia Bank was sold and the parking agreement became invalid. Lamar Russell, Ex Officio Board Member and Planning & Zoning Board Chairperson, explained that the Special Exception would become out of compliance and the noncompliance would be handled through City Code Enforcement. Following brief discussion, the Board was satisfied that the City had a process in place to handle such a situation. Motion by John Bond, seconded by Dennis Jenkins, to approve Special Exception Request No. 11 -0 1 with the conditions recommended by the Planning & Zoning. Vote on the motion carried unanimously. OPEN DISCUSSION There being no further discussion, a motion was made by John Bond, seconded by Dennis Jenkins, to adjourn the meeting at 7:45 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 April 28, 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. P&Z recommendation: Unanimous recommendation to approve Special Exception Request No. 11-02 as requested. 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 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. CITE' OF CAPE CANAVERAL APPLICATION I •' SPECIAL EXCEPTION Dur?azng uepartment (Please. Print Legibly or Type) DATE FILED.3--► o -(t FEE PAID 4a5a, bQ DEPOSIT RECV'D BY:,S40- ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST 7 ce Ao PD Special Exception is for what purpose (Brief Description) - o Address of request (if applicable)t o4 a 700 Legal Description: Lot Block Parcel Subdv . (} Section 15 Townshi 24 Ran e 3 STATEMENT OF FACT: State of Florida, County of Brevard; �ppropv�ertyv being duly sworn, depose and say that. I am towner. I am the owner(s})�designayted agent. (notarized autfhoriz}a ion required) Ovmer(s) Name (S):_.... taw" -,40 )tyc t�� %!� Flat:U 1 1 f Address: 1,50 1� o> Home Applicant(s) Names(s): Address: 1�-tlou{ic l��enaut Su�� (aoq Ga"gea�{� 323 Work Phone 1,ZI 3- E -Mail -Home Phone Work P one E -Mail All inform ti n, s e s and dat contained and made part of this and true e be of y knowle ge and belief. : r7EXPIRES ���� KEITH MYSSION # DD808442 ?'+ Jul 2y 3, 2012Signature of Applicant ('07)398.0153 otaryservice.com Sworn to and ub cribed before me on this day of Ana 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 Telecomm=ications 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 110-92) 0 r 0, City of Cape Canaveral Building l3cpartment (?lease Print Legibly or Type) DATE FILED FEE PAID DEPOSIT RECV'D BY: (25 .Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) tet allow for an Assisted Living Facility (ALF) in R-3 Tonin g district Mr See, I I.G-314(0)- Addre5s (if rcquestff applicat�lc).__700 Wa-q Central Aoulevard I-egal Description: Lot 1310 — Parcel Subdivision SeCtiM 15 lownship-14 Rangc� 17 STATEMENT OF FACT: State of Florida, County of 8mvard; I Danny P. Rica dahl being duly sworn, dcposcand say that-, X— I am the propertyowner. I am the ovvner(s) designated agcnt- (viota,rized authoeizition required) Gwners) Name(s): Dannv'P, R;Rgdafil clad -l!uerto Del Rio, LLC Addres.%: 750 North Atlantic Avenue 'Suite 120.4 Cocoa Rmch, F1 .12911 Morne Phone WorkPhon.e (321) 781-s364 &Mail Applicant(s) Name(s) (Same as Owner) Addr mN- Home Phonc All informati best of Myl�n ,;kctchc:5 and data Phone E -Mail and made pan of this request, = honest and true to the SignI I atu re oYA pp cant Sworn to and sutxicribed before me on this 6"" day of.fantasy 201 f must be Mod as follows: KeWe�,cs foe varjances, Ite, ni andSpcci,�j Tbc cornplctLd icqucst forrn and the V—So filing f" rrKL �t ca rig l."X'CCPttoTts (Except TckcommuniLation Towers}, require a minimum of dtirty (3) days prior to the next regularly scheduled Manning & Zxming bward Mct-ting- Rcquest for Teleconimnic=ionsTowers, require a minimum of .Jxty (60) days prier to the Planning & Zoning Liam -d meeting. The Board of Adj=nitnt mecting will be set afar the request is bt---ird by 1he Planning. & Zoning Board- QN deposit may be required per S4=im I 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 --� 1. NAME OF APPLICANT(S) Danny P. Rindahl c/o Puerto Del Rio LLC ADDRESS (if assigned) 700 West Central Boulevard PHONE # (321) 783-3364 FAX # 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 E-MAIL (EXAMPLE, ARTICLE X, SECTION 2) Chanter 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. 91 (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. 4 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 C 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 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 I eet 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. 5. 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, i 10-488(d). 6. Will the size and shape offhe 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 lighfing 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 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 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 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 lift 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 iA/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 LOCATION MAP PUERTO DEL RIO LLC ringdah1500 MAP SCALE IS: 1:24,000 OR 1 inch equals 2,000 feet ePVQQo BUFFER DISTANCE: 500 feet Legend �lNotification buffer QI 2 This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners does Roads Hoeg Y not assume responsibility for errors or omissions contained hereon. ���AtoP Subject Propertes Produced by: Brevard County Planning & Zoning Office - GIS 1/3/2011 I 0UP sa UP 0 PLANNING & ZONING BOARD MEETING MINUTES APRIL 13, 2011 A Regular Meeting of the Planning & Zoning Board was held on April 13, 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 Harry Pearson Donald Dunn Ron Friedman OTHERS PRESENT Susan Chapman Kim Kopp Barry Brown NEW BUSINESS Chairperson Vice Chairperson 1 St Alternate Secretary City Attorney's Office Planning & Development Director Approval of Meeting Minutes: March 23, 2011. Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of March 23, 2011. Motion carried unanimously. 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. Mr. Brown reported that this request is for a Special Exception to allow for an assisted living facility in the R-3 zoning district, as provided in Section 110-413(6) of the City code. The applicant and property owner is Danny Ringdahl; the subject property is an undeveloped portion of Phase 3A of the Puerto Del Rio Condominium development; the Future Land Use and Zoning designation is R-3, Medium Density Residential. Mr. Brown summarized the request. He advised that Mr. Ringdahl planned 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 had met with staff numerous times in an attempt to design an assisted living facility that met City code and was economically feasible. Mr. Brown explained that the facility was allowed to have 288 beds in accordance with the density equivalency established in Section 110-1 of the City code. He advised that staff considers an assisted living facility to be a needed housing option in the community; that the proposed project is Planning & Zoning Board Meeting Minutes April 13, 2011 Page 2 of 5 appropriately located; and it is an important economic development opportunity. He stated that staff recommends approval of the requested special exception. Danny Ringdahl, property owner and developer, explained the three levels of care that the facility will provide. He advised that the proposed facility would be located on approximately 8 acres of phase 3A of the Puerto Del Rio project. He noted that the people living at Puerto Del Rio appeared very excited about the project, as well as City staff, and others throughout the community. He described the facility as not just a nursing home, but rather a resort type facility, full service and self-contained. Full dietary meals will be provided, snacks will be available between main dining times; pets will be restricted because of allergies, but will be a consideration. Kendall Keith of Planning Design Group provided a response to evaluation criteria on the Special Exception Worksheet. He advised that the subject property was uniquely situated between existing residential to the West and commercial uses to the East. The proposed use serves as an ideal transition from commercial uses on A1A and the residential use to the West and is highly compatible with the adjacent residential uses. The architecture of the ALF was designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. i he building face was offset so that each building face is no larger than 80 feet to match the existing condominiums. ALF residents have a reduced reliance on automobiles so there will be a corresponding reduction in the total number of vehicular trips associated with the ALF as compared to the previously approved residential condominiums. As such, the City was able to maintain an adequate level of service on the roadway to serve the residents without the need to expand roadway capacity. All service areas including Loading areas and dumpsters are located on the eastern border, adjacent to commercial and as far away from existing residential, as possible. The parking and traffic circulation were designed to have minimum impact to other properties in the surrounding area. Storm water runoff is addressed by a shared retention pond to the west of the development. Loading docks and dumpsters will be screened from public view. The size and shape of the site, the proposed access, internal circulation, and design enhancements are adequate to accommodate the proposed scale and intensity of the special exception requested. Signage will be subject to review and approval by the Community Appearance Board. The ALF is a residential facility that will be occupied and staffed 24 hours a day. Adequate off-street parking will be provided and meet City code. All traffic circulation was reviewed by engineering and public safety officials for adequate traffic flow and emergency access. All loading and service areas are located on the East side of the building as shown on the site plan. Public utilities are available to the site. Sewer lines and lift station are being increased to serve the project. Concurrency evaluation for all utilities is required prior to issuance of a building permit. All ALFs are required to prepare an emergency evacuation plan that must be approved by the State prior to issuance of a license. It is projected that the proposed use would have significantly less impact on public services than the previously approved residential condominiums. The subject property is located in an urbanized area and the site was previously graded and prepared for development. Due to the location of the property the building is not in a location that will block views of or breezes from the Atlantic Ocean or Banana River. The ALF will fulfill a specific housing need that is not currently being met in the community. According to 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 ALF's. Economically, environmentally, and socially, it makes sense that residents receive these Planning & Zoning Board Meeting Minutes April 13, 2011 Page 3 of 5 services in their community where they can continue to live, play, and contribute. Home and community-based facilities such as Casa Canaveral ALF will offer residents a high degree of communication and interaction, companionship, and an improved quality of life. Certain on-site amenities such as community dining will greatly reduce the isolation that the elderly tend to experience when living alone. Citizens attending the meeting inquired about: zoning, traffic impact, traffic flow, access, unit sizes, number of floors, building height, parking (including emergency access to some of the Puerto Del Rio buildings), entrance location, loading areas, dumpster location, number of employees, landscaping, buffering, open space, and size of this facility vs. others in Brevard County. All of the residents' inquiries were addressed by City staff, the developer, the project engineer, and the project architect; however, not all inquiries were resolved as they are site plan issues that will be addressed during the site plan review process. Mr. Brown anticipated that the ALF site plans would be presented to the P&Z Board for review and recommendation on April 27th or May 4th and then approved by the City Council on May 17, 2011. He announced that a Board of Adjustment meeting had been scheduled for April 28th to make a final decision on the ALF Special Exception and Variances requests. Brief discussion followed. Motion by john Fredrickson, seconded by Donald Dunn, to recommend mend approval of Special Exception Request No. 11-02 as requested. Vote on the motion carried unanimously. 3. Recommendation to Board of Adjustment Re: Variance Request No. 11-03 to Allow for a Building Length and Buildinq 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. Mr. Brown reported that this request was for two Variances. The first is to allow 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) of the City code; and the second is to allow for a 25 ft. setback from an adjacent residential lot line rather than the 50 ft. per Section 110-488(a). The applicant and property owner is Danny Ringdahl. He advised that Mr. Ringdahl planned to construct an ALF on the undeveloped portion of his property. In November of last year, the City revised its code to allow for an ALF as a special exception use in the R-3 zoning district. He explained that certain criteria specific to ALF's 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 the existing structures were separated by a retention pond, the 50 ft. setback requirement did not serve its intended purpose in this situation. He advised that the City code also limits the length or width of a building in the R-3 zoning district to 185 ft. 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 have also blocked breezeways. The proposed ALF is not waterfront and is not of the magnitude that the code was intended to prevent and that staff recommended approval of the requested variances. Planning & Zoning Board Meeting Minutes April 13, 2011 Page 4 of 5 Chairperson Russell spoke to the history of the 185 ft. limitation and to the uniqueness of the property. He pointed out that the parcel of land was irregular in shape and the shape of the building was unique; the retention pond located on the property served other developments; the property was initially zoned C-1 commercial, but was rezoned to R-3 multi -family residential when the Puerto Del Rio condominium project was being considered; and there were no other ALFs in the City. Brief discussion followed. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Variance Request No. 11-03 as requested. Vote on the motion carried unanimously. At 9:05 Chairperson Russell called for a short recess. He called the meeting back to order at 9:11. 4. Election of Chairperson and Vice Chairperson. Lamar Russell opened the floor for nominations for Chairperson. Donald Dunn nominated Lamar Russell. Bea McNeely seconded the nomination. There being no other nominations, Donald Dunn moved to close the nominations. The motion was seconded by Bea McNeely. By a unanimous voice vote Lamar Russell was elected as Chairperson. Lamar Russell opened the floor for nominations for Vice Chairperson. Donald Dunn nominated Bea McNeely. Lamar Russell seconded the nomination. There being no other nominations, Lamar Russell moved to close nominations. The motion was seconded by Donald Dunn. By a unanimous voice vote Bea McNeely was elected as Vice Chairperson. OPEN DISCUSSION Harry Pearson announced that he was the representative for the North beaches to the Space Coast Technical Advisory Committee/Citizens Advisory Committee. He attended the meeting on April 11th. At that meeting the committee approved a resolution for the Space Coast Transportation Planning Organization to take an active role in planning for improvements to the State Road A1A corridor. He advised that money was being allocated for improvements from the Pineda Causeway North to the Port. $850K has been budgeted to upgrade the 2001 transportation study to include a streetscape plan. Barry Brown advised that he was the City representative on the A1A Action Team that included the TPO. He announced that the money for the upgraded study would be available in July 2011 and it would take approximately one year to complete the study. Mr. Brown advised that the City Council will be considering the brewery ordinance at their next meeting on April 19th Mr. Brown advised that Bill Mays met with City staff to discuss the office and retail project known as Sheldon Cove. Staff supports increasing the allowable height of a building to 65 ft. as requested by Mr. Mays and suggested that he retain a consultant to assist in the creation of a zoning overlay district to address the height issue. Mr. Mays agreed and said the City should receive a proposal for a zoning overlay district within 60 days. Planning & Zoning Board Meeting Minutes April 13, 2011 Page 5 of 5 Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 9:27 p.m. Approved on this day of Lamar Russell, Chairperson Susan L. Chapman, Secretary 2011. City of Cape Canaveral, Florida Board of Adjustment April 28, 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(a). 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 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. P&Z Recommendation: Unanimous recommendation to approve Variance Request No. 11-03 as requested. 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. 13)Mlnimum 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. 2 VARIANCE APPLICATION 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 cit, c _ =e;eml.E 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(a). Address of requested variance: 700 West Central Boulevard 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 Pact: 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(a-�yahoo.com Designated Agent Information (if applicable): Name of Designated Agent: Mailing Address: Phone number(s): Email(s): Casa Canaveral ALF - Variance Application Page 3 VARIANCE Information Sheet — Coni' ! hereby attest that all information, sketchEbs ark data eantainbd and made part of this. request are honest and true to the Vt cif nay ='N edge and belief. ignature of Applicant: State of Florida RWM County of —,11011,14 C Sworn to and subscribed before me on this day of Y �� . � « 1 _ , Who is personally known, or .q SignaturC); Nt V %. Notary Seat: =tKENDSLL S7 W y�R �aY.� J,, Zvi I#012 t 47r 39 -»rS-^`'i�(uS ttl�:Rnt'+ �` _�.. ...,�._ __...... ._____ _�..,..,_ _.... �. ,._ __.,..,,....,�.... ._.__�....._..��.. ..__,.. ..._ .., __.. ...... _. ....... ...... _ CDL Variance Application - Q ;2.310 2a-8 4 Casa Canaveral Assisted Livinq f=acility 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 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 high- 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 existinq residential condominiums. The property was formerly zoned C-1 commercial where it would have not been subiect to the buildinq 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 buildinq 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 ha ve 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 adjacent to and partlV 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, 1n addition the buildinq is located mora 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. 110-317fa7) 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 buildinq does not impede views or breezes from other properties to the water. The 50 -foot setback requirement (Sec. 110-488fa1) 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 buildinq The proposed buildinq 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 Casa Canaveral ALF - Variance Application Page 6