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HomeMy WebLinkAboutBOA Agenda Pkt. 3-3-2011I:ZI>�iT�>�Ri NEW BUSINESS: City j... of Cape Canaveral l ARD OF ADJUSTMENT MEETING r< O . 201 POLK AVENUE MARCH 3, 2011 7:00 P.M. 1. Motion Re: Approval of Meeting Minutes —September 16, 2010. 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. 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 Board discussions held at this public meeting. 7510 N. Atlantic Avenue ® Post Office Box 326 6 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.mytlorida.corn/cape d email: ccapecaraveral@cfl.rr.com Date: February 25, 2011 To: Board of Adjustment members From: Barry Brown, Planning and Development Director RE: March 3, 2011 Board of Adjustment Meeting There is one action item on the agenda for this meeting. The owner of LaFiesta Mexican Restaurant wants to serve liquor in addition to wine and beer. The current Special Exception allows for wine and beer only, therefore, Ms. Fusillo is requesting another Special Exception that would include on premise consumption of liquor. Stay informed about City activities by reading the Weekly Update prepared by Staff and posted to the homepage of the City website each Friday go to cit o� fcapecanavera1.org. If you have question or comment, call me at 868-1206 or email B. Brown (a-)cityofcapecanaveral.org. City of Cape Canaveral Board of Adjustment Meeting Minutes September 16, 2010 A Meeting of the Board of Adjustment was held on September 16, 2010, 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 Paula Collins George Sweetman Linda Brown Douglas Raymond Arvo Eilau OTHERS PRESENT: Kate Latorre Barry Brown Susan Chapman Chairperson Vice Chairperson 1St Alternate 2nd Alternate Assistant City Attorney Planning & Development Director Secretary All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: August 5, 2010. Motion by Mr. Jenkins, seconded by Mrs. Collins, to approve the meeting minutes of August 5, 2010. Vote on the motion carried unanimously. 2. Motion Re: Special Exception Request No 10-03 to Allow a Retail Store to Use Outside Display Areas in the C-1 Zoning District — (Ace Hardware) — 8300 Astronaut Boulevard — Marvin and Joann Nichols Petitioners. Mr. Brown advised that this was a request for a special exception to allow outdoor display areas; he gave a summary of the request; described the items currently being displayed outside; advised that the purpose of the special exception request was to seek proper approval for the outdoor display that has been an ongoing part of the business operations; and commented that outside display areas for a hardware store were a common and necessary use of this type of business. Mr. Brown reported that on August 11, 2010 the Planning & Zoning Board considered the request and unanimously recommended approval. The Board members reviewed a site plan of the property which highlighted the designated display areas. Board of Adjustment Meeting Minutes September 16, 2010 Page 2 of 3 Chairperson Bond asked for comments from the audience. Joyce Hamilton, citizen, voiced a concern regarding the stability of the wheelbarrows displayed against the building. Marvin Nichols, applicant, responded that the wheelbarrows were chained during the day and kept inside the building at night. Chairperson Bond commented that the outside display appeared tasteful for a hardware store and he had no problem granting the request. The other Board members agreed. Motion by Dennis Jenkins, seconded by John Bond to approve Special Exception Request No. 10-03, with no noted special conditions. Vote on the motion carried unanimously. OPEN DISCUSSION Barry Brown encouraged the Board members to see the City website for weekly updates on the activities of the various City departments. He noted that this was a great way for them to stay informed regarding activities, meetings, upcoming events, and for the status of applications and projects. It was noted that the property Izzy's Restaurant wanted to use for off-site parking had a "for sale" sign erected on it. Joyce Hamilton, citizen, advised that the property owner, Vincent Keenan, may open a farmers market at that location. Arvo Eilau asked for an update on the Porter property. Assistant City Attorney, Kate Latorre gave a brief history on what the City had done to have the building demolished. Arvo Eilau asked for an update on the carwash. Assistant City Attorney, Kate Latorre advised that Mr. Kappemaros had advised her that the right-of-way did not belong to FDOT; and therefore, he was now obtaining information from Brevard County. John Bond gave the Board members an update regarding the Coastal Fuels property. He advised that he had knowledge that Vital Corporation was selling the property. Barry Brown, Planning & Development Director, noted that there were potential opportunities for the site to become a mixed-use district. Barry Brown advised that the Planning & Zoning Board would be considering allowing assisted living facilities (ALFs), as a principal use, in R-3 and C-1 zoning districts, at their next meeting. He advised that two main concerns were density and evacuation. Brief discussion was held regarding accommodations for specialized care and rehabilitation. Board of Adjustment Meeting Minutes September 16, 2010 Page 3 of 3 Arvo Eilau asked for a status update on the child care at Palms East Apartments. Barry Brown responded that he would research the status and report back to the Board members via e-mail. Discussion was held regarding the City having tree lined streets, as mentioned in the City's mission statement. Barry Brown advised that the City did not have a tree planting program. He explained that the City was "envisioning" having tree lined streets, along with facade improvement programs. He noted that the Ridgewood Avenue improvement project did have some plantings involved. There being no further discussion, a motion was made by John Bond, seconded by Paula Collins, to adjourn the meeting at 8:30 p.m. By consensus, the motion carried unanimously. Approved on this day of , 2010. John Bond, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Board of Adjustment Larch 3, 2011 Request: For a Special Exception to allow for the on premise consumption of alcoholic beverages to include full liquor service per Sec 110-171(a). The property currently has a special exception that allows for the sale of beer and wine only. Applicant: Alice Fusillo of Alice's Fiesta, Inc. Owner of property: Vincent Keenan Subject property: 7802 N. Atlantic Avenue 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-1, Commercial Surrounding uses: North — Cape Laundry and Kennedy's Lamp Post Tavern East — Dotty's Bar South — Circle K West — Wachovia Bank Summary Alice Fusillo, owner of the LaFiesta Mexican Restaurant, wants to provide full liquor service to her patrons. The property currently has a Special Exception for beer and wine only, therefore, Ms. Fusillo is requesting another Special Exception that will allow her to serve liquor as well as beer and wine. Our code calls for a minimum separation of 2000 ft. between establishments that serve alcohol with certain exceptions, one being restaurants that have a minimum of 150 seats. LaFiesta qualifies as an exception to the separation requirement, as there is seating for 150 persons (see attached floor plan). The restaurant also meets the code requirement to be located at least 300 ft. from churches, schools, and playgrounds. Required parking per code is not provided on-site, however, our code allows for parking to be provided off-site within 500 ft. of the subject property. Enclosed is a parking agreement for the use of spaces at the Wachovia Bank. 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 Zoning Is the requested SE consistent with the intent of the Comprehensive Plan? Yes, C-9 Commercial land use classification allows for restaurant uses. 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.? Parking per the code is not provided on- site, however, a parking agreement has been obtained that provides required parking within 500 ft. of the restaurant. 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. Imoact to surroundina oroaerties Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes. The restaurant is an established use, currently serving beer and wine, 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 developed as a principle use? No, this request does not change the nature of the current operation. 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. Off-street parking will need to be addressed per code, but actual impact of additional seating can be handled on site. 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 Parkin Are there adequate off-street parking and loading areas? The code calls for 50 parking spaces, one for each three seats, but only 34 parking spaces are provided on site. While the number of parking spaces required by code are not provided on site, in practice, adequate parking is currently available. Granting of the Special Exception is not likely to significantly increase demand for parking, however, it may result in higher profit margin per customer visit. The remaining 16 parking spaces required by code are provided off-site by a parking agreement with Wachovia Bank. 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? Same type of traffic. There may be a small increase in traffic, but this has not been quantified. Are there adequate loading and unloading areas? Yes. Public Services Are there 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. 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 LaFiesta Mexican Restaurant meets code requirements for seating, parking, and minimum distances from churches, schools, and playgrounds. This request merely allows for liquor service in addition to the already permitted wine and beer service. Staff does not anticipate any conflicts with surrounding uses and therefore supports the requested special exception and recommends approval. Planning and Zoning Board Recommendation to the Board of Adjustment The P&Z Board unanimously recommends approval with the following two conditions: 1. Improve the seating plan to clearly depict how many seats each table will accommodate to meet the 150 seat 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 is available at Wachovia Bank. Staff Recommendation to the Board of Adjustment Same as the recommendation of the P&Z Board. D City of Cape Carxavel-al Building Department (Please Print Legibly or Type) DATE FrLED (l -3-l0 PEE PAIDOa56,to DEPOSIT RECV'D BY: � �- ($250.00 Filing Fee is non-refundable) MATURE OF REQUEST t/ ` Speci I Exception is for what purpose (Brief Description) �C Address of request (if plicable) ''PZOa M -WH, 3 3-I'3�--�1-�C� Legal Description: rtD_i I BIockQ'5_Par'�" cel .A 4.%5ubdv SecEion Tovvnshi If Range�� STATEMENT OF FACT: State of Florida, County of Brevard; being duly sworn, depose and say than I ajn the property owner. a the owner(s) designated agent. (notarized authorization required) q ) Owners) Naine(s). Address: Home Phone klk 019 Work Phone ~ Applicant(s) Names(s): U&--5 J c5f ,- _17n c . a 6�-� C4 Pa Home Phone%LW I Of 9 I Work Phone 7__&3 ��01D0 ATI information, es and data contained(�•i and made part of this request are honest and true to the o my knowled e d belief. Signature of eant and sibed before me on this 21t Notary Public, State of Florida SUSAN L. CHAPMAN SY COMMISSION # DD856332 EXPIRES: March 23, 2013 9. Notary Discount Assoc. Co. U Do The completed request p form and the $250 filincr -r Variances Rezoning b ee must be filed as follows: Requests for Variances, and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zon#ng Baird 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 Berard. (A deposit may be required per Section II0-92 ) Totai CK H'2/0 fir al-Ilt 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 meetings on the 2nd and 41h Wednesdays 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. - a I. NAME OF APPLICANTS) r r - ADDRESS (if assigned) SUR N i %rtT C. Al c C (AI t�f PHONE ## l - FAX iLa�3q)�-3�b-Y( y E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT -1 b -i 1 BLOCK: 7� SUBDIVISION: 0'4J&-n1?'1-r4E(,,C� PARCEL: �� — L�-5009 s, 000 t, 00 SIZE OF SUB ECT PROPERTY IN ACRES:_ `=13 SECTION: - -RANGE RANGE 3�`E DESCRIPTION: � )Vrr gl-a- 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT / (EXAMPLE, ARTICLE X, SECTION 2) ��' t l 4. .tCOMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLC-1 C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and gess may obtained to and from the property, with particular referenc to tomotive and pedestrian safety and converl7ence, traffic' flow an nrf--nl aynA e1-nerrr�r`�! a`rncc : t _ ! ge cess 11 Lase of Elle or medical emergency. a i. , Attorney TO ALL PERSONS, be it known that I, Vincent Keenan of 516 Barrello Lane, Cocoa Beach, Fl. 32931 the undersigned Principal, do hereby make and grant a general power of attorney to Alice Fusillo, of La Fiesta, Inc. and do thereupon constitute and appoint said individual as my attorney-in-fact/agent. If my Agent is unable to serve for any reason, I designate Nestor Martinez of La Fiesta, Inc. as my successor Agent. My attorney-in-fact/agent shall act in my name, place and stead in any way, which I myself could do, if I were personally present, with respect to the following matters, to the extent that I am permitted by law to act through and agent. I, Vincent Keenan, owner of the land and building located at 7802 N. Atlantic Avenue, Cape Canaveral, Fl. 32920, allow the lessee of the above pre�-nises to obtain a special exception to sell alcohol (4 COP) products for the benefit of the business. My attorney-in-fact/agent hereby accepts this appointment subject to its terms and agrees to act and perform is said fiduciary capacity consistent with my best interests as he/she in his/her best discretion deems advisable, and I affirm and ratify all acts so undertaken. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION AND TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. Signed under this seal 7 ay of October, 2010. Signe he presence of. Witness Witness State of ,7 County of 7-11,P c 9F ✓—' Attorney-in-fact/Agent On?C,%&-%' i (- '_7 before me, J',t Appeared ersonally know to me (or proved to me on the basis of satisfactory evidence) to be the person w ose name is subscribed to be within instrument and acknowledged to me that he/she is so. They executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: LINDA MiCDtiLE * Notary Public - State of Florida My Comm. Expires Jul 16, 2012 %;;��� Commission # DD 606498 �,hOyla� O- , w . A . located at TM worth A lafii(c- Apt a ¢ FG 3292.0 will provide La Fiesta Mexican Restaurant located at 7802 N. Atlantic Ave., Cape Canaveral, Florida 32920 access to additional parking, as needed, to Accommodate their customers. Ashley Huxtable Store Manager 1 r_ Cape Canaveral Store 7801 North Atlantic Avenue Z0112-010 Cape Canaveral, FL 32920 Company A Wells Farco Tel 321 639-5242, Fax 321639-5243 24 HoOr Sevice 804VJACHOVIA (800922-4E84j Sincerely, LU �D Qac v Ch f7 Municode Page 1 of 3 Sec. 110-171. -Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this section and also the following: (1) The establishment shall not be permitted to locate: (A) Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. (B) Within 300 feet inland of the mean high-water line of the Atlantic Ocean or of the Banana River. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the mean high-water line of the Atlantic Ocean or of the Banana River. (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on - premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection are: a. Restaurants seating 150 or more persons. b. Hotels and motels which are approved in accordance with City Code. C. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. 2. Consumption of food and malt beverages shall be on premises only; however, food carryout without the malt beverages may be permitted. Further, in accordance with Florida law, one unsealed bottle of wine may be removed for consumption off premises if purchased and partially consumed with a full course meal consisting of a salad or vegetable, entree, a beverage, and bread. A partially consumed bottle of wine to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises and shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with. A dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to http://library.municode.com/print.aspx?clientID=12642&HTMRequest=http%3 a%2fn/o2fli... 2/25/2011 Municode Page 2 of 3 execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. 4. Sale or consumption of malt beverages and wine shalt be limited to the time period set by chapter 6. d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02 (4). (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only. (4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following information: 1. The outer boundary of the vicinity map, which shall be at least 2,500 feet from the centroid of the proposed establishment's property. 2. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in subsections (a)(1) and (a)(2) of this section. 3. Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(1) of this section. 4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(2) of this section. 5. Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated. b. The site plan map shall be drawn at a scale not less than one inch equals 100 feet and shall indicate the following information: 1. Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. 2. The following information shall be presented in tabulated form: L Number of parking spaces. ii. Number of restaurant seats. iii. Number of bar/lounge seats. iv. Building area. V. Lot area. C. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits. (b) Any special exception granted under this section may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (2) The establishment has committed substantial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gambling. Prior to any special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. (c) For on -premises consumption of liquors, restaurants or cocktail lounges shall have a minimum building area of 2,000 square feet and a seating capacity of 100 patrons. (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2, 5-6-03; Ord. No. 19-2003, § 2, 7-15- 03; Ord. No. 36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2, 6-20-06; Ord. No. 04-2006, § 3, 6-20-06; Ord. No. 23-2006, § 2, 1-2-07; Ord. No. 07-2009, § 2, 8-4-09) http: //library.municode. comlprint. aspx?clientID=12642&HTMRequest=http%3 a%2 f%2fli... 2/25/2011 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 9, 2011 A Regular Meeting of the Planning & Zoning Board was held on February 9, 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 MEMBERS ABSENT Ron Friedman OTHERS PRESENT Susan Chapman Kim Kopp Barry Brown NEW BUSINESS Chairperson Vice Chairperson 2nd Alternate Secretary City Attorney's Office Planning & Development Director Approval of Meeting Minutes: November 10, 2010. Motion by Harry Pearson, seconded by Donald Dunn, to approve the meeting minutes of November 10, 2010. Motion carried unanimously. 2. Recommendation to Board of Adjustment: 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. Mr. Brown 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. Mr. Brown informed the Board that the surrounding zoning and uses were C-1, Commercial. He explained that the City code called for a minimum separation of 2,000 ft. between establishments that serve alcohol with certain exceptions, one being restaurants that have a minimum of 150 seats. He verified that LaFiesta qualifies as an exception to the separation requirement, as there is seating for 150 persons, and the restaurant also meets the code requirement to be located at least 300 ft. from churches, schools, and playgrounds. Planning & Zoning Board Meeting Minutes February 9, 2011 Page 2of3 Mr. Brown advised the Board that all the required parking would not be on site. However, the City code allows for parking to be provided off-site within 500 ft. of the subject property. He stated that there was a parking agreement for the use of spaces at the Wachovia Bank. Discussion was held regarding on-site parking, and signage to inform customers off-site parking was available. Following discussion, Ms. Fusillo agreed to install a sign of reasonable size at the corner entrance of her parking lot and on the front door advising customers that additional parking was available across the street at Wachovia Bank. Dianne Kennedy, owner of Lamp Post Lounge, and her daughter Isla Kennedy -Jones, voiced their concerns and commented regarding customers from the restaurant parking in their parking lot; and the training of restaurant employees on serving customers alcohol. Mrs. Kennedy advised that she opposed the request, because of additional competition by having another bar next door to her establishment. Ms. Kennedy provided a bartender training course brochure that she uses to train her employees. The Board Secretary noted the training course information and returned the brochure to Ms. Kennedy. A discussion followed regarding the special exception criteria worksheet, staff analysis, and seating plan. Ms. Fusillo agreed to improve the seating plan to clearly depict how many seats each table would accommodate to meet the 150 seating requirement. Mr. Brown advised that staff recommended approval of the request. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of Special Exception Request No. 11-01 to the Board of Adjustment with the following conditions: 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. Vote on the motion carried unanimously. OPEN DISCUSSION: Mr. Brown asked the Board members if they had any questions about the article that was in their Board packet regarding Sarasota County's Revenue Study on the fiscal analysis that demonstrated that the higher density of a mixed use development generates significantly more property tax revenue than a typical single family development or typical commercial property. A brief discussion followed regarding zoning overlay. Mr. Russell explained that a zoning overlay is the mechanism that will implement the City's visioning. He further explained that an overlay was where you take the existing zoning and overlay it in a way that is negotiated to enhance the best features of development. Discussion was held regarding planned unit developments, residential planned unit development, setbacks, and increased height. Mr. Brown advised that the Sheldon Cove project will be the first development in an overlay district, and the uses will be office and retail similar to what they had presented to the City three years ago. Planning & Zoning Board Meeting Minutes February 9, 2011 Page 3 of 3 Mr. Brown informed the Board that the Casa Canaveral Assisted Living Facility's architectural drawings were scheduled to be presented to the Community Appearance Board on February 16, 2011. He stated that City staff was waiting for the second submittal of the project site plan. He noted that the major issues were already addressed. Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 8:13 p.m. Approved on this day of Lamar Russell, Chairperson Susan L. Chapman, Secretary 2011.