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HomeMy WebLinkAboutBOA Agenda Pkt. 6-22-2009Call to Order Roll Call NEW BUSINESS: City of Cape Canaveral OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE JUNE 22, 2009 7:00 P.M. 1. Motion: Approval of Meeting Minutes - March 16, 2009. 2. Motion: Special Exception Request No. 09-01 to Allow On -Premise Consumption of Alcoholic Beverages in the G 1 Zoning District, (6395 N. Atlantic Avenge), Section 26, Township 24 South, Range 37 East, Parcel 253.1 - John Porter for Banana River LP, Petitioner. 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 bylaw. 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 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida Board of Adjustment June 22, 2009 STAFF REPORT Request: For a Special Exception to allow for the on premise consumption of alcoholic. beverages per Sec 110-171(a). Applicant: John Porter Owner: John Porter Banana River LP Subject property: The former Azteca Restaurant property located at 6395 North Atlantic Drive. The subject property is located on the west side of Al A just north of Funntasia Golf and Games. More generally between Holman Av. to the south and Cape Shores Dr. to the north. Future Land Use and Zoning designation: C-1 Commercial. Surrounding zoning: North — C-1, Commercial East — Commercial in unincorporated Brevard County South — C-1. Commercial West — R-3, Residential Surrounding uses: North — Residential East — Lido Cabaret and Sky ling Fireworks South — Funntasia Golf and Games West — Undeveloped property. Description: The applicant owns the restaurant property and surrounding properties to the north, south and west. The applicant is currently renovating the former Azteca restaurant building. This will be the new location for Boston Beef and Seafood which is moving from its current location further north on Al A. The property formerly had a special exception for the consumption of alcoholic beverages, but it expired 18 months after the Azteca restaurant ceased operations. Our code calls for a restaurant to have a minimum of 200 seats in order to be exempt from the minimum 2,000 ft. distance from another establishment serving alcoholic beverages. Plans for the new restaurant call for 200 seats. The operator of Boston Beef and Seafood intends to continue his fare of beef and fried seafood in the front portion of the new building. The rear of the building will be a traditional full service, sit 1 down restaurant that will have expanded offerings. It will include broiled and baked seafood with Greek specialties as well as baked breads and pies. See attached Special Exception Worksheet for Staff Analysis Staff Recommendation: Staff recommends approval, without conditions, based on the following: The proposed restaurant use with alcohol service is compatible and harmonious with the surrounding uses. This is simply regenerating a use that was compatible at this location for many years. The property is properly sized and shaped to handle traffic circulation. The local economy will be improved as a property that had been in disrepair will be renovated and brought up to code. This will create new employment and increase the value of the property on the tax rolls. The proposed use will not have an adverse impact on the natural environment or public infrastructure or services. Porter SE Worksheet with Staff Analysis Board of Adjustment June 22, 2009 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. Imaact to surrounding properties Is the Special Exception compatible and harmonious with properties and uses in the surrounding area? Explain why. The restaurant is not within 300 feet of a church, school ground, or playground. It is not 300 ft. inland of the mean high water line of the Banana River. The use is compatible as it is located on A 1 in an established commercial area. it is buffered from residential uses by distance, natural vegetation, and other uses. Will the scale and intensity of the SE be compatible and harmonious with adjacent land ..+aca: Yes. This has been an appropriate location for a restaurant for decades and continues to be. The building is appropriately sized and the intensity of use is in keeping with other C -I uses along AIA. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. This use is appropriately located and buffered from residential uses. Will the Special Exception create any adverse impacts to other properties in the surrounding area through the creation of noise, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? No. Noise in the area is generated by traffic on AIA. Lighting will meet Code not spillover to adjoining properties. No vibration is involved as site is already developed and there will be no need for compaction. Odor could emanate from the dumpster, but this will be addressed through code enforcement if necessary. The site is already developed and no additional stormwater runoff will be generated. Is there adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? The residential area to the. West and along the Banana River is buffered by natural landscaping on the adjoining property also owned by the applicant. 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. The size, shape, access, internal circulation are adequate to accommodate the proposed scale and intensity of a restaurant. 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. Signs have not yet been permitted, but will meet City code. Lighting must meet City code and will be allowed to spillover to adjoining properties. Hours of operations and how will that impact surrounding properties? Sam to tam according to State liquor laws. Traffic and Parking Are there adequate off-street parking and loading areas? Yes. The site is only two spaces short per our current code for the proposed restaurant. If the restaurant seating is increased, per our code, additional parking can be provided off-site within 500 ft. The applicant owns all adjoining properties, so additional parking can be accommodated. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. There are two driveways with direct access from AIA. The drive isle circles the building for good emergency access. Also, the property is connected through the Funntasia Golf and Game property to the signaled intersection of Holman and AIA. What type and how much traffic will the SE generate? Customer traffic and delivery trucks. Are there adequate loading and unloading areas? Yes, there are adequate on-site loading and unloading areas. Public Services Is there adequate utilities available? Location and capacity. Yes. This is existing development that is adequately served by public services. 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? Is there adequate refuse facility for the use and is the dumpster properly located and screened? Refuse service is required by code and the dumpster must be screened per code. Miscellaneous Impacts Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? No. The property is already developed and no impacts have been identified in the past. 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. In fact, this will be the resurrection of a restaurant that has been apart of the City since the 1960's. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? Yes. Boston Beef and Seafood's move to this location will allow it to expand and hire additional employees. Putting the building back into use will increase the property value and therefore local government revenues. The rehabilitation of the property will also beautify the area and may increase value of surrounding properties. 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. Not applicable. Land Use and Zoning Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. The SE is consistent with the intent of the Comp Plan and the C-1 Commercial land use and zoning district. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes, see above. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The property is already developed and therefore grandfathered for most of the requirements of the zoning district. Signs, landscaping, etc. will be addressed during later permitting phases. 4 City of Cape Canaveral Board of Adjustment Meeting Minutes March 16, 2009 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 16, 2009 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. Assistant City Attorney, Kate Latorre, called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Paula Collins Jack Childs George Sweetman - - - Dennis Jenkins OTHERS PRESENT: Susan Chapman Kate Latorre Bea McNeely Robert Hoog Bennett Boucher Barry Brown Chairperson Vice Chairperson Secretary Assistant City Attorney Ex officio Member Mayor Pro Tem City Manaqer Planning & Development Director Assistance City Attorney, Kate Latorre, advised that since there were no public hearings, no one needed to be sworn in. NEW BUSINESS Motion: Approval of Meeting Minutes - November 10 2008 Motion by Paula Collins, seconded by John Bond, to approve the meeting minutes of November 10, 2008, as written. Vote on the motion carried unanimously. 2. Motion: Request to Extend the March 24th 2009 Expiration Date by an Additional 12 -month Period for Granted Special Exception No 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South Range 37 East - John Johanson, Managing Member for Tripple J Investments LLC The Chairperson read the agenda item for the record. Board of Adjustment Meeting Minutes March 16, 2009 Page 2 Assistant City Attorney, Kate Latorre, gave an overview of the procedure. She advised that this was a special exception that was already granted pursuant to several public hearings giving testimony and evidence. This request was for an extension of time which is allowed under the City code. This was not a Public Hearing. The request needed to be made before the special exception expired, and the applicant needed to show good cause to be granted the time extension. Therefore, the Board would not be taking new evidence, because it was already an approved special exception. John Johanson, Managing Member for Tripple J Investments, LLC, explained that since the market had stopped over the past few years, and in today's market it was not cost feasible to build anything right now. He was hoping to build within the next 12 -months. Chairperson, John Bond asked if any changes were planned to be made since the approval. Mr. Johanson responded that the only change discussed was maybe to reduce the outside units to single story and leave the center unit a two story to keep the cost down. Board member, George Sweetman, voiced his concern about the salability of what they were trying to do, and how it was going to affect the properties around him. Mr. Sweetman asked that if the extension was granted for the 12 -month period, and the market didn't change, what his plans to do with the property then were, Mr. Johanson responded that he had no idea. However, if the extension expired then they would start over again. Vice Chairperson, Paula Collins, explained that it was not within the Board's purview to speculate or be concerned with how an applicant's business plan was going to play out. She advised that the Board's job YYUJ LV VGUI VVI LI II11 611G ,_rlct co111111 _1 I,� W11 1 \JlJ rj\ _j 1(){,l{J�!] h . O v �:_.._..., vy r c- . pair. Sweetman responded that the code said "may" grant. He believed his questions were proper to justify just cause for the requested extension. Chairperson, John Bond read City code Section 110-32 regarding granting an extension. He commented that some times the Board was tasked to make unpopular decisions. He explained that tonight was not to decide what could or should be built on the lot, because that was already determined and adjudicated in the court. There being no further discussion, a motion was made by John Bond, seconded by Paul Collins, to grant the request to extend Special Exception No. 05-15 for a period of 12 months: Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes March 16, 2009 Page 3 Chairperson, John Bond asked if anyone in the audience would like to speak. Judith Lau, resident, 211 Coral Drive, Harbor Heights, advised that she lives directly across the street from the lot in question. She stated that the Board made a very presumptuous statement that there was no hearing and they could not discuss whether or not that lot would be built on or not. The Board was not even here for them to question the fact that the special use exception had been granted a year ago. However, the residents were there to ask that given the nature of the special use exception and the time sensitive nature of a special use exception that the request for extension be denied, and give the residents an opportunity to present at the time when the developer planned to go forward again, to bring the plan again and ask for that special use exception. She further stated that the only reason the court remanded it back to the Board of Adjustment was that they did not feel the neighborhood had given factual evidence of the effect of the introduction of the multi -family units into a single family residential neighborhood, because at that time the other units had not yet been completed. The residents now have the factual evidence. They were not asking for any more other than to deny the extension and ask Mr. Johanson to present his request when he was ready to build, so they could take a snap -shot again, because that's what a time sensitive thing is to see what effect having multi -family in a single family residential neighborhood. But, the Board did not give "them the opportunity, because they assumed that we wanted to talk abniit whether it should be built, but that was not what they wanted. Ms. Lau announced that she was very distressed. Chairperson Bond advised that this was not a popular decision, but one they had to make. Ms. Lau did not agree. I!1-1+c„!rvr!iews F- r New Boa" g_!R fl.:1st_r_i! Members emberS Xi..-' Recommendations to City Council = Prospective Board Members: Linda Brown Douglas Raymond, and Leo Nicholas. The Chairperson advised that they had three candidates for the Board and would interview them in the order of the date their application was received. He announced that Board member Jack Childs shared with the Board at the last meeting that he would be resigning due to his health, and he was not present at this meeting because he was ill. He advised that the Board currently had one regular member vacancy, and would probably have two; and two alternate positions were open. Board of Adjustment Meeting Minutes March 19, 2009 Page 4 Linda Brown stepped up to the podium. Mr. Bond announced that he wanted everyone to know that she was a neighbor of his, however they did not know each other on a social basis, they just knew of each other. Ms. Brown advised that she's lived in Cape Canaveral for three years, but she has visited the City since 1976; she loved the area; and realized that the decisions that they have to make were difficult, because the decisions affect people's lives, they have to weigh the pros and cons very seriously, and not take the decisions lightly, and you have to make your decisions based on what is best for the community. She understood about special use exceptions, because in the past she helped someone get a special use exception, and was also involved in defeating one, because it adversely affected a community. She advised that it was important for the City to maintain its small town integrity. Mr. Bond gave an overview of the information on Ms. Brown's application. Motion by John Bond, seconded by George Sweetman, to recommend to the City Council that Linda Brown should be appointed to the Board. Barry Brown, Planning & Development Director, advised the Board that they had the ability to make a recommendation to the City Council as to who they would like to fill the full member seat and who they would want to fill the 1st alternate seat and who they wanted to fill the 2nd alternate seat. He explained that if a full member was out, then the 1 st alternate would fill that position, and then if the full member and 1 st alternate were both out, then the 2nd alternate would fill that seat. Mr. Brown suggested that the Board interview all the applicants, and then make the motion. Kate Latorre, Assistant City Attorney, questioned if that was traditional for the Board to make a specific recommendation when there are that many applicants? Benne v�r�rs r. �t fir.. ...a �-. r �& �'.�... .. ... .�.e .._vao._�_ 1 Yi__i ii_ _ _ ��.._e-u ina. ane decision is at the pleasure of the City Council. Chairperson Bond announced that the Board would 'Interview all the applicants before making any of the recommendations to City Council. John Bond withdrew the motion, George Sweetman and Paula Collins had no objection. Douglas Raymond stepped up to the podium. Mr. Bond gave an overview of the information on Mr. Raymond's application. He advised that Mr. Raymond was new to the City; he desired to be a member of an advisory board or committee; he was new to the community and desired to volunteer his skills and interests for the betterment of the City; he did not have any experience with civic involvement with boards such as this; his specialized skills and training included 35 years with industrial engineering and construction, he coached for several boys sports teams, and he has a degree in business and accounting. Board of Adjustment Meeting Minutes March 19, 2009 Page 5 Mr. Raymond advised that he, his wife and three sons moved to Cape Canaveral after 27 years living in St. Louis, Missouri; he worked for a major company who did major construction jobs around the world and he was involved in several different department within the company. His family had moved to Cape Canaveral part time four years ago, they sold there house in St. Louis and now they are full time residents; he is retired and has the time to devote to an organization like this; he currently does volunteer work at the recreation center by teaching young kids tennis; last year he was the treasurer for his condominium association, this year he is the president. He advised that he would bring open mindedness, because he is new to the area and can be objective to situations. Leo Nicholas stepped up to the podium. Mr. Bond advised that Mr. Nicholas has been involved with the City for a long time. Mr. Nicholas advised that he has lived in the City since 1963; he has been involved with this Board, Planning & Zoning Board, City Council, and just about every board except for the Recreation Board at one time or another; his heart and interest is in the City; having served on the City Council, they have reviewed the zoning code several times, including the sign code. He was aware that the only code the Board is involved in is Chapter 110 of the zoning code, and he has intimate knowledge of that code and how to apply it. He would be a great asset to the Board without having to go through a training session. He was surprised there were so many vacancies available on the various boards. He would like to serve on the Board and do what he can in the best interest of the City. He added that even though he currently was not in an elected position, his heart is in this City and wants to do what ever he can. His work background included being an electrical engineer retired from the Space Center; and he currently has a small business in Merritt ilnu_ •_•h��r�s__ rs�,r�U �r�anueo f;�lr. 9=ll�nolas for all n! y' aim of servile in the community. Mr. Nicholas stated that he would like to be appointed to this Board to continue that service. The Chairperson announced that there were three excellent candidates. Mr. Bond advised that he was going to make a recommendation in the order of the date that the City received the applications. Assuming that all three applicants are appointed to the Board, unfortunately that leave an applicant with many years of experience being appointed as an alternate, unless the City Council changes the Board's recommendation. Motion by John Bond, seconded by Paula Collins, to recommend appointment of all three applicants and that they are seated in the order of their application date. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes March 16, 2009 Page 6 OPEN DISCUSSION There was no open discussion. There being no further business the meeting was adjourned at 7:40 p.m. Approved on this day of , 2009. John Bond, Chairperson Susan L. Chapman, Secretary 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 4th 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. 1. NAME OF APPLICANTS) John Porter Banana River LP ADDRESS (if assigned) 6395 North Atlantic Drive Cape Canaveral 32920 PHONE # 321-615-8155 FAX # 321-7838817 E -Mail .Johnp(aporterworldtrade.com 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Section 26 Range 37 East Parcel 253.1 SIZE OF SUBJECT PROPERTY IN ACRES: 1.03 acres TOWNSHIP 24 South DESCRIPTION: Liquor License Application 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 110-171 (2) a. Restaurants seating 200 or more persons 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) Completed 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) Zoning classification of this property is C-1 6. Provide thirteen 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. See Drawings (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. in; 1e1gnt (i) Landscaping. 0) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): See Attached paperwork. The purposes of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant cannot satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be denied or that the application may not be acceptable for processing. The questions should be answered in detail as if the project is already completed and operating. Responses, when applicable to the project should be in complete sentences. CRITERIA (Building Official or Designee to verify) Does the Special Exception create any adverse impact to adjacent property due to any of the following criteria? 1) Noise Will or does the noise from any one use offend another existing use? No as the sound of traffic from A 1 A will most likely be louder then people talking etc. 2) Signs, Exterior Lighting and Glare Are signs or exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate any spill-over light or glare onto an adjoining use? Yes, all lighting will be directed down to the ground to aid traffic, motorized and foot. No light spill over is anticipated. 3) Vibration Will or does any vibration from any one use offend another existing use? No, there will be no events or activities that would produce vibrations. 4) Other Detrimental Effects Will there be, or are there, any odor or other detrimental effects upon adjoining properties? No, we have detailed garbage collection and control plans in place for garbage. including plans for frequent pick up was management and the use Of cis y—Dries i-0 eradicate odors. 5) Storm water Runoff Are there any special storm water runoff treatment measures required and or from adjoining uses? No, all surfaces will be left the same or made of permeable materials. 6) Traffic Are there differences in types and sizes of vehicles? None anticipated, normal passenger vehicle traffic and normal delivery trucks. Are ingress and egress adequate? Yes this is an existing location, plenty of access is available . Please see attached drawings. Are there any auto and pedestrian safety issues? None anticipated please see the attached drawings for layout of the parking area. What is the anticipated number of vehicles in the peak hour? 50-60. Are traffic flow and control addressed. Is there adequate emergency access in case of fire or medical emergency? Yes we have one entrance and one exit location on A 1 A and one entrance and exit on Holman Rd with plenty of room for emergency vehicles. 7) Hours of Operation 8 AM — 2 AM According to state liquor laws. 8) Loading and Unloading Are there differences in loading and unloading between adjoining properties? Not that we are aware of. All have plenty of space and facilities for loading and unloading. 9) Parking Are there differences in off-street parking between adjoining uses? No. Cite the off- street parking requirements from the appropriate land development code sections. Must have one parking space for every 3 patrons. 200 seats divided by 3 = 66.6 seats. We have 65 paved on site , additional shell hard pack of two parking places in the south west portion of the property. Also we have 30 or more parking over flow spaces behind Funntasia which we also own. Sec 110-279 Sec 110-253 parking requirements for off street parking. 10) Utility Requirements Are adequate and properly located utilities available? Yes , Are utility requirements substantially different from those required by adjoining uses? No, they are the same. 11) Refuse and Service Areas Are there adequate refuse and service areas? Garbage dumpsters and recycle dumpsters will be centrally located behind restaurant with frequent pick ups and odor control cleaning. :JLI i'SV63 Will the Special Exception create any unusual police, fire or emergency services? No more than any other restaurant. 13) Buffering and Screening Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Cite the appropriate landscape and buffering requirements from the land development code as applicable. Yes we are incorporating the natural vegetation that is already on the property. Existing building and existing use. 14) Size and Appearance Are there serious differences in structural appearance between adjoining properties? No Are there serious or extreme structural size differences? Not extreme, we would like to add a replica of the Cape Canaveral Lighthouse at the height of 35 to 45 feet. 15) Relationship to Land Values Are property values impacted? No, we believe that adding additional services to the citizens of Cape Canaveral ipwill enhance the property values If so what is the impact. Improving an unused building will improve surrounding areas. 16) Comprehensive Land Use Plan What are the applicable goals, objectives and policies of the Comprehensive Plan which apply to this Special Exception? Is this Special Exception consistent with the intent of those goals, objectives and policies? We believe so. Recycling and reusing existing land for the benefit of all citizens is a positive. 17) Risk Factors Does potential energy storage pose a risk to surrounding area? No, we are not storing any gas, oil, etc. What recommendations are made by the Fire Department? Discussion with the fire department have been isolated to traffic flow and we believe satisfied. 18) Environmental Conditions Are there any environmental conditions applicable to this request? No. Building is existing. The following questions are used to summarize the impact of the information above 19) Is this Special Exception consistent with the intent of the zoning district in which this Special Exception is sought? Yes, we are C-1 zoned as per Article VII Sec 110-332 and Sec 110-334 9C\\ -i4 T'ii A- - C,-_ _9 T' _ti .t- _ - C'.7. i• 9 9 A 0� Will une Spe ral r x x-ptisir, rneel a Th reqs �Lrern ^I Tne ?nnlr?g est' 1`;t In . h -n me i request is to be located, such as: lot requirements, building setback requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Liquor license will be located in existing building used for same purpose for past 4 decades. We will comply with all applicable code in our remodeling permitting process. 2 1 ) Is the proposed use compatible with surrounding uses in its function, its hours of operation, 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? We are within a C-1 commercial zone all uses are in alignment and are within code and intent of said code. Please see answers 1-20. 22) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? No limitations or restrictions would seem to be in order. This is an existing restaurant in a Cl zone.