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Home My WebLink AboutAgenda Packet & Sup. Docs.BOARD OF ADJUSTMENT REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE AUGUST 23 , 2016 6:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the.Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: February 25, 2016. 2. Quasi-Judicial and/or Public Hearing: Motion Re: Variance Requests No. 16 -02 - 127 Oak Lane -John Dismore -Applicant. To allow for a 4 ft. setback from an adjacent residential lot line rather than the 8 feet required by Section 110-297(a)(2), City Code. 3. Quasi-Judicial and/or Public Hearing: Consideration of Special Exception No. 2016-03 to authorize an Automotive Service Station (Cumberland Farms) in the C- l zoning district, per City Code of Ordinances, Section 110-334(c) -Chris Ossa, P.E., Applicant -(8000 Astronaut Boulevard). Board of Adjustment Meeting Agenda August 23, 2016 Page 2 REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.0105, 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 inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. BOARD OF ADJUSTMENT MEETING MINUTES February 25. 2016 A Meeting of the Board of Adjustment was held on February 25, 2016, at the Cape Canaveral Public Library, 20 I Polk A venue, Cape Canaveral, Florida. The meeting was called to order at 6:00 p.m. by Chairperson Arva Eilau . The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Arvo Eilau Douglas Raymond Desmond Wassell George Sweetman Joe Elliott Linda Brown MEMBERS ABSENT OTHERS PRESENT Kimberly Kopp David Dickey Patsy Huffman Chairperson Vice Chairperson Assistant City Attorney Community Development Director Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Meeting Minutes -January 7, 2016. Motion by Ms. Brown, seconded by Mr. Sweetman to approve the Meeting Minutes of January 7, 2016. Vote on the motion carried unanimously. 2. Quasi-Judicial and/or Public Hearing: Consideration of Adjustment Re: Special Exception No. 12-01 (Amendment) to authorize a setback reduction of the outdoor display area in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c)(8), Special Exceptions permissible by the Board of Adjustment -AlA Beach Rentals, LLC, Applicant -6811 N. Atlantic Avenue. Mr. Dickey presented Staffs report/photos. This application is to amend Special Exception No. 2012-01 that authorized the establishment of Al A Beach Rental. Board of Adjustment Meeting Minutes February 25, 2016 o" On April 5, 2012, the Board of Adjustment approved Special Exception No. 2012-01 to allow a retail store and the use of outside display areas in the C-1 zoning district per Sec. 110-334( c )(8) of the City Code. The approval was conditioned as follows: 1. The Display area shall be limited to 446 sf in total area; 2. The Display area shall be in substantial accordance with the attached Site Plan that depicts the location of the display area( s ); 3. Displays shall be limited to beach rental equipment to include: surfboards. paddle boards, bicycles, canoes, kayaks and a canoe/kayak trailer; and 4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. The request under consideration is to amend Condition #2 of the approved Special Exception. Applicant is requesting the condition be amended to allow display area under/adjacent to the existing pole sign. This would have the effect of reducing the setback to zero. Currently, the display area is setback 50 feet from A I A right-of-way line as required in Condition #2. This requirement resulted from Sec. 110-536 ( 1) and Sec. l 10-334(c)(8) which state that an outside display area associated with a retail store must meet the same setbacks as the principal building. However, with the recent expansion of EOOD (which included this property), the setback requirement from A 1 A ROW has been reduced from 50 feet to 15 feet. Staff recommends approval of amendment to Special Exception No. 2012-01. subject to the following conditions: 1. The Display area shall be limited to 446 sf in total area; 2. The Display area shall be setback a minimum of 15 feet from A 1 A right-of-way line; 3. Displays shall be limited to beach rental equipment to include: surfboards, paddle boards, bicycles, canoes, kayaks and a canoe/kayak trailer; and 4. All rental equipment/display is to be brought inside the building after operating hours with the exception of the licensed canoe/kayak trailer. Discussion ensued to include adjacent properties; right of way; location of kayak trailer; meeting setbacks; delivery trucks; property posting; impact on vegetation; screening and buffering; visibility by cars traveling along A lA and ways to help this applicant be competitive. David Lane was sworn in by Assistant Attorney Kopp. Mr. Lane feels any type of buffering would hinder his request. He would abide by the 15-foot setback with conditions, if approved. Mr. Eilau opened the meeting to the public. Mr. Eilau closed the meeting to the public. 2 Board of Adjustment Meeting Minutes February 25, 2016 Discussion ensued to include the need for Applicant to maintain the 15-foot setback, ways to demonstrate setback line; Code Enforcement involvement. if any; moving display items indoors after hours; types of items on display and commending the Applicant for reaching out to adjacent business owners. Motion by Ms. Brown. seconded by Mr. Wassell to recommend approval to include the recommended conditions listed above. 3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to Board of Adjustment Re: Special Exception No. 2016-02 to authorize a single-family home in the C-1 zoning district, per City Code of Ordinances, Section 110-334, Special Exceptions permissible by the Board of Adjustment -Matthew Olenick-Owner-110 & 112 Ocean Garden Lane. Mr. Dickey presented Staffs report/photos. The application is for approval of a Special Exception for construction of a single-family home on lots 5 & 6 within Ocean Gardens Wave One subdivision. This subdivision is built-out with single and two-family homes (primarily attached townhouses). The Applicant is proposing to construct the home on two lots which are zoned C-1 and together comprise .26 acres. Section 110-334 of City Code requires approval of a Special Exception for residential development in C-1 zoning district. Surrounding uses are al I residential although zoned commercial. In March 1990, Board of Adjustment approved Special Exception No. 90-2, which authorized construction of townhouses. The majority of lots have been utilized for townhome development. There are two single-family homes built in this development. Staff recommened approval of Special Exception No. 2016-02 to Board of Adjustment. Assistant Attorney Kopp stressed the need to consider the Special Exception request to allow a residential use in a commercial zone, using the City Code only. Assistant Attorney Kopp swore in the Applicant. Chris Sell, acting on behalf of the property owner, explained how he became involved in this process. He would be the person building on this lot. Staff explained that this Special Exception would remain with the property, if approved. Mr. Eilau opened the meeting to public participation. Assistant Attorney Kopp swore in the speakers. Tim Maitland spoke of Applicant meeting criteria for the HOA and concerns with drainage. 3 Board of Adjustment Meeting Minutes February 25, 2016 Susan Nassoiy spoke of working with Applicant to meet HOA criteria. The meeting was closed to public participation. Motion by Mr. Wassell, seconded by Mr. Douglas to recommend approval. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: Motion by Ms. Brown, seconded by Mr. Sweetman to adjourn the meeting at 7:25 p.m. Vote on the motion carried unanimously. Approved on this __ day of _________________ , 2016. Arvo Eilau, Chairperson Patsy Huffman, Board Secretary 4 City of Cape Canaveral Board of Adjustment Meeting Date: 8/23/2016 ltemNo. y Subject: Variance No. 2016-02 is a request to reduce the eastern side yard from the required 8 feet to 4 feet. The subject parcel contains a single-family residence and has an address of 127 Oak Lane (Attachment 1). Department: Community Development (CD) Applicant/Owner: John Dismore/Sheropa, LLC Summary: The applicant is requesting a variance to the eastern side yard setback from the required 8 feet to 4 feet. The subject parcel contains a single-family house and has an address of 127 oak Lane (Attachment 2). The property is zoned C-1, which is required to meet R-2 standards when developing in a residential manner. On October 6, 2015, the City issued a building permit for the construction of a house at 127 Oak Lane. The permit was issued in reliance upon a survey from Walker Surveying, a licensed surveyor in the state of Florida, which indicated compliance with City Code requirements, including property lines, setbacks, the location of improvements, etc. The permit application also included a warranty deed, with a legal description consistent with the survey. Subsequent to the issuance of the building permit, there were suggestions by adjacent property owners that the submitted survey was incorrect. The City requested documentation in support of this claim. A second survey was submitted to the City by the resident of 123 Oak Lane on or around January 15, 2016. This survey was conducted by Riehl Reliable Surveying and Mapping and it did show a conflict with the Walker survey. The conflict centered on the location of the shared side property line between 123 and 127 Oak Lane. The two surveys indicate a discrepancy of 4 feet on where the property line is located. The applicant has reported that an attempt to purchase a four foot section of property from the owner of 123 Oak Lane has been unsuccessful. Therefore, the applicant has submitted a revised survey showing the property line in question shifting 4 feet to the west of the original location (Attachment 3). This is in accordance with the Riehl survey and results in a four (4) foot side yard setback to the house on 127 Oak Lane. For this purpose, a variance of 4 feet to the required · 8 foot setback is being requested. Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance is being considered. For a detailed analysis of the requested variance's compliance with the criteria, please see the attached Staff Analysis and Worksheet (Attachment 5). Subject Property Future Land Use/Zoning Designation: Residential/C-1 Surrounding zoning: North-C-1 South-C-1 East-C-1 West-C-1 Board of Adjustment Meeting Date: 8/23/2016 Variance No. 2016-02 Page 2 of2 Surrounding uses: North-Multi-family Residential South-Single-family residential East -Single-family Residential West -Single-family Residential Attachments: 1 -Location Map 2 -Application 3 -Updated Survey -8/11/16 4 -Site Photos 5 -Staff Analysis and Worksheet -Variance No. 2016-02 The CD Staff recommends that the Board of Adjustment take the following action(s): Approve a four (4) foot side yard setback variance to the required eight (8) feet to allow for a 4 foot setback on the east side yard. Approved by CD Director: David Dickey '\P Date: 2·1G·l0 Attachment 1 City of Cape Canaveral VARIANCE Instruction Sheet Attachment 2 A pre-application meeting with the Community Development Planner is required prior to completion and aubmfttal of a Variance application. The Variance sha11 be prepared in compliance with the requirements of Chapter 110, Sections 110 .. 35 & 110 .. 37 of the Code. To .access the Code, visit htto:/fwww.cilyofcaoecanaveraJ.org. highlight City Departments, highlight City Clerk, click on City Code of Ordinances; click on htto://www.mynicode.com and then click on Cape Canaveral Code of Ordinances. This application packet must be completed, legible and submitted with all required documents referred to herein, to the City of Cape Canaveral, Community Development Department, 110 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or your representative are required to attend the meetings in which your request wm be considered. You wiD be notif1ed of the dates and times of meetings. Meetings are held at the Cape Canaveral Public Library, 201 Polk AventJe, Cape Canaveral, FL 32920, unless othefWise stated. The following items must be included for there to be a complete and reviewable submittal. If all items ar-e not included at time of submittal, the application will not be accepted. VARIANCE Submittal Checklist 1._2('_completed application & worksheet. 2._l(_Power of Attorney, if applicant is not the owner. 3.XPayment of application fee and escrow deposit. 4.__2(_Radius package from Brevard County, inclu~ing: a radius map, three (3) lis~ of properties located within 500 ft. of the sub.Jed property; one (1) set of mailing labets (instructions on page 6). s.LP. roperty suNey showing legal description and subject property boundaries. s._1(.copy of recorded deed or Opinion Title for subject property. Variance Application -01/2015 Page2 City of Cape Canaveral VARIANCE lnfonnatlon Sheet Description of RequMt: (Insure that the specific Code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. Sec Mtot.be.d Address of request: ) Zl a~~ \n.nc. I (1s>e ~ >e.<o\ I tL 32.9 zo Name of Project (if applicable): _)l~'a...Q...., ____________ _ Legal description: Lot(s)\.25 Block Subdivision1'tu\.oQ5 ; Section~ Township 33 Range_l_4 __ FLU and Zoning designations: fll): ~iac~~ ) hi~ <~ Qjeok\L Statement of Fact: I, ..a.Q ... ~-~ ........ l\~lJ-~\S~()).;;......uQ(-..z...C...-.. ____ , being duly swom, depose and say that: __ I am the property owner. _x_ I am the owner(s) designated agent. (attach notarized letter of authorization). Owner(s) Name:~~ Mailing Address:~ =~ ~ 1 fl 3292.0 Phone number(s): ___________________ _ Email(s): ______________________ _ ::::.::~~~~~ MalfingAddress:Zbl.\O~ =5== =.\\r.\\xune.,£1 ~ Phone number(s): 31\ L\()3 3lb3 Variance Application -01/2015 Page3 City of Cape Canaveral VARIANCE Information Sheet -Cont'd I hereby attest that all informatio , sketches and data contained and made part of this request are honest and true to best of my knowledge and belief. Signature of Applicant:---+-.+-.+-:::::..--------------- l9 dayot~<l ..... _u...,...~'/ ___ _ 20.\kby , ~is personally Notary Sea1: ~1-8RANOV DENISE TORRES t:r. I~'· MY COMM1ss10N #Ff084703 \. \ . 1 8 ~-.--~ EXPIRES JanuatY 2l, 201 ...,., . . . .com I (407\ :t0f.01U f - Variance Application -01/2015 Page4 AUTHORIZATION TO ACT AS APPLICANT I, Patrick T. Lee as President of Sheropa LLC, authorize John Dismore to act as applicant, Representing me, in Public Hearings before the City of Cape Canaveral pertaining to Land Use issues, including but not limited to Patrick T. Lee President Sheropa LLC STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this~day of_.,~,._2016 by Patrick T. Lee Driver License number L000-678-50-347-0 U f ~~~~~~~~~ MARY GAL Commission I FF 29265 My Commission Expires June 19, 2017 J/ ~ ~ ~~~~r - NOTARY PUBLIC My commission expires: r f<f,l.ol] • City of Cape Canaveral VARIANCE Application & Worksheet Variances are to be authorized where they are not contrary to the public interest and where, due to speciaf conditions, a literal enforcement of the tenns of the Ordinance would resutt in unnecesMHy hardship. The Ordinance sets forth specific conditions which must all be demons.trated by the appticant before the Board empowered to grant the Variance. If the applicant cannot satisfactorily address an of the following, this shouJd serve as a preliminary indication that the application may be rejected. The conditions are as follows and items (A) through (F) must be answered in full. (City Code Section 11~2). A. That special conditions and circumstances exist, which are unjque to the land, structure or building invoJved and are not applicable to other lands, buildings or structures in the same district. See attached B. That titerar interpretation of the provisions of the Zoning Ordinance wouJd deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would put unnecessaiy and undue hardship on the applicant. See attached C. That ttie special conditions and circumstances referred to in item (A) above do not r:esult from the actions of the applicant. See attached Vartance Application -01/2015 Page5 City of Cape Canaveral VARIANCE Application & Worksheet -Conf d D. 1"t!at~nting the Variance requested w.ill not confer on the applicant any special prMteges that are denied by the Ordinance to other lands, structures or building in the same district. See attached E. That the reasons set forth in the application justify the granting of the Variance, and that the Variance, 1f granted, is the minimum that would make possible use of the land, building or structure. See attached F. That the granting of the Variance will be in harmony with the general intent and purpose of the Zoning Code and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. see attached While these conditions may seem unduly harsh and stringent to the individual applicant, it must be remembered that the Zoning Ordinance was enacted for the benefit of the community • a whole and requires an organized and controlled pattern of the community's development. 1t should be noted that the difficulties or hardships relied upon must be unique to that partjcular property (e.g. peculiar lot shape) not general in character, since difficulties or hardships -shared with others in the area go to the reasonableness of the zoning generally, and will not support a Variance. If the hardship is one :that is common to that area, the remedy is to seek a change of the zoning classification for the neighborhood. Variance Application -01/2015 Page6 APPLICANT & WORKSHEET-VARIANCE FOR 127 OAK LANE/ SHERPA LLC . Response to questions: A. That special conditions and circumstances exist, which are unique to the land, structure, or building involved and are not applicable to the other lands, buildings or structures in the same district. On 6/28/2016 the applicant purchased four lots on Oak Lane. The applicant received a title policy for the four lots as well as recored deed. The applicant had a survey done on all the lots that reflected the dimensions of the property as stated in the deed and the title policy. Turnkey Construction permitted a single family residence that met all setbacks according to our deed, survey and title policy. B. That the literal interpretation of the provisions of the zoning ordinance would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district and would put unnecessary and undue hardship on the applicant. After starting construction on the house, about the time trusses were being installed, we were presented with a survey from people that were considering the purchase the home next door ( 123 Oak Lane.) They stated that our rear property stake was on the lot they were considering. At this time we contacted our survey company (Walker Land Surveying, Inc) and asked them to check the survey. John Walker checked our survey and stated it matched our deed .. in which case it did indeed. At this point Turnkey Construction proceeded on with the construction process. On January 19,2016 the survey company ( Riehl Reliable) that had been hired by the property owners next door (123 OakLane) called Walker Land Surveying and also emailed John Walker a copy of his survey showing overlapping survey. During this time the construction on the house had already passed the electrical rough, mechanical rough and shingles had been installed. If their survey is correct then our setback is roughly 4ft rather than the 8th the city requires. This creates the hardship. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicants not responsible for the overlapping survey that concert with the deed, Title policy and survey. D. 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. We can not comply with the setbacks set at 8ft at this point. We have offered to to purchase the the portion of the lot next door to rectify the situation. The new owners of 123 Oak lane have no interest in selling a portion of the lot for what we feel is more than a fair offer. E. That the reason set fourth 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. The variance we are seeking is the bare minimum and without the variance the applicant will not be able to complete the construction and CO the house. PLAT OF I.AND SURVEY FOR and/or CERTIFIED TO: John Dismore Attachment 3 DESCRIPTIONS AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 8, ACCORDING TO TH£ PLAT OF TUT£NS SUBDIVISION, RECORDED IN PLAT BOOK 1, PACE 22, OF THE PUBUC RECORDS OF BREVARD COUNTY. FLORIDA, THENCE RUNS 00'54'29" £, ALONC THE EAST UN£ OF SAID LOT B. A DISTANCE OF 66.00 FT. THENCE RUN N 89'.JB'Jr w AND PARALLEL TO THE NORTH LINE OF SAJ/) LOT 8, A DISTANCE OF 510.10 FEET TO THE POINT OF BECINNINC, THENCE CONTINUE ALONG SAID UN£ A OISTANC£ OF 80.00 FT, THENCE RUN N 00'5<1'29" W. A DISTANCE OF 128.50 FT, THENCE RUN S 89'38'3:r £, A DISTANCE OF 80.00 FT, THENCE RUNS 00'54'29" £, A DISTANCE OF 128.50 FT TO THE POINT OF 8£CINNINC. &4 OAK LANE f.1.--f>. CHA VE/, Pl/BUC ---___ R/.1' ~ ---- EDGE OF PAVEMENT (B.B.) S 8fr38 '33" E 80.00 REC. 5/8" lR. ~ 1U ~ " t I\. :ll ~<;:) (:) •..c. Ir.I " ;;11,. . i ~~ ~a;~ .JU !<!:; ~ REC. ____ ...,.H..:J ZZ.7 ONE STORY RESIDENCE {UNDER CONS'l'Rl/CTION) , 127 FORJ/S EL.•7.61 J 7" A.BOYE ROAD J'l.7 PARCEL A.25 OCEAN GARDENS WA VE ONE (P .B. 311. 1'-'GE ?Z) f)~\ ,,.# REC. 5/8" lH. NKF PROPERTY UNE PER ORB 577?. PC. '1!411 OF LOT B P.0.C.~ N.E. CORNER I PROPfJRTY /JNE PER f ORB 8921, PC. 2838 Attachment 4 City of Cape Canaveral Variance Worksheet Variance No. 2016-02 Attachment 5 Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary to the public interest and when, conditions are peculiar to the property and not the result of the actions of the applicant, and a literal enforcement of the code would result in unnecessary and undue hardship. All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criteria: 1. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The conflicting surveys have created a situation that is unique to the land and is not applicable to surrounding properties. As a result, the subject parcel does not meet the minimum side yard setback requirements of the R-2 zoning district. 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 R-2 side setback requirement requires that an applicant have a minimum of eight (8) feet of setback from the side lot line. However, due to conflicting property surveys, the more restrictive survey shows a four foot side lot setback for the principle structure. Thus, the current setback requirement would deprive the applicant rights enjoyed by other properties in the immediate area. 3. That the special conditions and circumstances referred to in item (1) above do not result from the actions of the applicant. When the applicant applied for the building permit, a survey was submitted indicating compliance with R-2 zoning standards. Also, a warranty deed was submitted that indicated the same legal description as the survey. It was only after this was it determined that the side yard setback was not met. 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. Approval of the requested variances would not confer any special privileges on the applicant that are not enjoyed by other properties or structures in the surrounding neighborhood. It will only provide only the rights that adjacent property owners currently enjoy. 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. The applicant has provided relevant and appropriate arguments that do speak to the requisite criteria. The requested variance is the minimum to meet the required setback standards. 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 granting of the variance will be in harmony with the general intent of the zoning code and will only provide for a single-family residence -similar to what currently exists in the immediate area. The larger home will only enhance the neighborhood and surrounding property values. Also, the home to the east of the subject parcel is approximately 20 feet from its western side property line. If the variance is approved, the separation between the two structures will be 24 feet. \\ti\}~ IQ ~of\ m\ ~ b3 IJ-ti\b 8/17/2016 To: The City of Cape Canaveral, Community Development Department Regarding Variance Request No. 16-02 Sheropa LLC Owned by Patrick T. Lee 400 Harbor Dr. Cape Canaveral, Fl. Has constructed the following 4 homes for the purpose of res~=-=~~~~~----.. 127 Oak Lane Cape Canaveral, Florida 32920 [))~«;~O~f.~fn) 131 Oak Lane Cape Canaveral, Florida 32920 ~I AUG 2 2 2016 I~ 135 Oak Lane Cape Canaveral, Florida 32920 COM. DEV. DEPT 139 Oak Lane Cape Canaveral, Florida 32920 All 4 homes are in violation of [Section ll0-297(a}(l}, City Code] to the extent that a car cannot be parked in the driveway without extending into Oak Lane's Right of Way. This code requires a minimum front setback to be 25 feet. This violation has been determined by using the "right of way markers" (ROW) installed by the City of Cape Canaveral on Oak Lane to define the (ROW) limits of Oak Lane Cape Canaveral, Florida . The (ROW) markers installed by the City of Cape Canaveral are in agreement with the survey I gave to Duree Alexander (Cape Canaveral Code Enforcement) and Michael German (Cape Canaveral Building Official) for the purpose of defending my property from encroachment by the Sheropa LLC. developer, prior to Sheropa LLC starting construction on 127 and 131 Oak Lane. The (ROW) markers installed by the City of Cape Canaveral are also in agreement with the surveying markers that the owner of 123 Oak Lane had to pay out of pocket for the purpose of defending their property from encroachment by the Sheropa LLC developer. This violation has created a cascade of problems. Sheropa LLC has removed asphalt and installed paver bricks and dug a large hole for installing utilities in the wrong location that is extending as much as 14 feet into Oak Lane's right of way. Because of this, the heavy volume of two-way construction traffic of large trucks caused by the Sheropa LLC development on Oak Lane has caused the trucks to veer towards my property and brush the low hanging power lines. I assume the rubber tires protect the drivers from electrocution. The large hole continues to remain open and unprotected for more than 6 months. On February 23, 2016 I received an e-mail from David Dickey (Community Development Director of Cape Canaveral) that stated "Please note that a Certificate of Occupancy will not be issued until this issue is resolved," and again on March 16 2016 "In my email to you on February 23rc1, I explained the situation and assured you that a Certificate of Occupancy would not be issued until this issue was resolved." "You ask whether you will be informed of the outcome of this survey dispute and have a chance to have input or appeal. The affected parties will be notified of the results of the review." All of my attempts to resolve this issue have been ignored by David Dickey, and on 5/16/2016 he covertly issued a Certificate of Occupancy to 131 Oak Lane without informing me or informing the new owners of the violations. All 4 homes also have issues with elevation that can potentially cause problems with flooding and sewage backing up into their homes. By allowing these homes to be built into the right of way, the city is inferring that the right of way has been moved, thus changing my property lines, in effect stealing my property without notice or a hearing. Just because Patrick T. Lee is a former Mayor of Cape Canaveral does not give him the authority to confiscate a large portion of my property for his own financial gain or create safety hazards for the citizens of Cape Canaveral. I have accumulated 2 years' worth of communications involving this matter that are available upon request. Bernard M. Lennon 126 Oak Lane Cape Canaveral, FL. 32920 abc777@cfl.rr.com N~ ~ .sv\,41\ 1-\\eJ b> ~A ~~ ;~~ s/2:~ /1""' 'r1\ ~8, To The City of Cape Canaveral, Community Development Department Regarding Variance Request No. 16-02 The City of Cape Canaveral Code Enforcement Officer Duree Alexander and Cape Canaveral Building Official Michael German required me to submit a survey from a licensed surveyor in the State of Florida to support my claim that all 4 homes being constructed by Sheropa LLC. were not located as per the plans submitted to the City of Cape Canaveral Building Department. I complied with they're request prior to Sheropa LLC. starting construction on 127 and i31 Oak Lane Cape Canaveral, Florida. If you grant this variance you will be giving a large portion of my property to the former Mayor of Cape Canaveral, Patrick T. Lee's company Sheropa LLC. without compensation. Furthermore, a 4-foot variance will not be enough to comply with Section 110-297(a)(2), City Code. I strongly oppose Variance Request No. 16-02. Bernard M. Lennon 126 Oak Lane Cape Canaveral, FL. 32920 abc777@cfl.rr.com [O)~~~a~~ffl nl AUG 15 2016 1~ ' COM. DEV. DEPT ! 8/20/2016 Variance Request No. 16-02 Please supply the following information to the Board of Adjustment who are meeting on August 23, 2016 at 6:00 p.m. Two years ago Sheropa LLC applied for permitting to develop Oak Lane with a faulty survey. I brought this error to the attention of the developer and the building departments. The building department decided to issue a permit for 135 and 139 Oak Lane with the knowledge of this error. During the final construction phase I continued protesting the 25-foot front set back violation and how this would affect my property. That's when Duree Alexander and Michael German required me to submit a survey to support my claim. They then took me to the building department and we examined the blue prints for 127 and 131 Oak Lane and I was given an assurance they would not be constructed with the error. Permitting was issued for 127 and 131 Oak Lane using the faulty survey. That immediately brought it to the attention of the owner of 123 Oak Lane that the 8-foot side setback was in error. That owner was also required to submit a survey to support his claim. Sheropa LLC. has prepared a revised survey for this hearing that is also flawed. David Dickey is suggesting the city relocate the right of way markers to match the faulty survey. If that were to happen everyone in Cape Canaveral would need to move their property lines 12 feet north. I propose we deal with the faulty survey submitted by Sheropa LLC so that would not be necessary. Bernard Lennon 126 Oak Lane Cape Canaveral, FL. Abc777@cfl.rr.com ~--------- /£1< N ll fC {) ;J/. L E;1) f1/ CJ;<) #f/2tJ/fa COM. DEV. DEPT ~):,.w~-, .. , ~.'"'" t;"" ..--<'.': r. . ~J\11 1 )1, J ~,,.___._' ' ·Jt .. ;.;. City of Cape Canaveral Board of Adjustment Meeting Date: 08/23/2016 ltemNo. 3 Subject: Special Exception Request No. 2016-03 -An Automotive Service Station in the C-1 Zoning Category-8000 Astronaut Boulevard (Cumberland Farms). Department: Community & Economic Development (C&ED) Applicant/Owner: Chris Ossa, P.E./Mary M. Crowder Trust Summary: This application is for the construction and operation of an automotive service station (Cumberland Farms) located at 8000 Astronaut Boulevard (Attachment 1). The proposed development consists of a 4,928 square foot, retail convenience store that includes six fueling islands (12 fueling pumps) under a detached canopy. The project includes 22 parking spaces including 1 handicap space. A 325 square foot outdoor seating area is proposed adjacent to the southeast comer of the building (Attachment 2). The project is located on a 1.42 acre parcel, which has frontage on Astronaut Boulevard and N. Atlantic Avenue (Attachment 3). Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated when a recommendation from the Planning & Zoning Board to the Board of Adjustment is being considered. For a detailed analysis of these criteria, see Attachment 4. The proposal meets these minimum standards. With the adoption of ord. No. 11-2015, the City Council established specific regulations dealing with automotive service stations. A notable provision of the ordinance was to only allow new stations in the M-1 zoning district. However, the ordinance also established that all existing service stations that were lawfully permitted through the City's special exception process prior to November 17, 2015, would be considered a lawful, conforming use, regardless of the zoning district it is within. In addition, the ordinance provided that existing stations could expand to 16 fueling stations if it is located on a single lot of at least one acre and with at least 275 feet of single street frontage. The subject parcel/request meets these requirements. Subject Property Future Land Use/Zoning Designation: Cl Surrounding zoning: North-Cl South-Cl East-Cl West-Cl Surrounding uses: North-Retail South -Retail East -Retail/Office West -Vacant As required by Sec. 110-3 9( c )(1 ), all special exception requests must demonstrate that the project's traffic-generating characteristics will not adversely impact land use activities in the Board of Adjustment: 08/23/2016 Special Exception No. 2016-03 Page 2of3 immediate area. A traffic study was conducted by McMahon Transportation Engineers & Planners dated March 17, 2016 (Attachment 6) detailing the impacts of the proposed project. The study indicates that the proposed development will generate 615 net new daily trips, 27 net new AM peak hour trips, and 51 net new PM peak hour trips. SR AlA (Astronaut Boulevard), which provides the primary access to the project, is operating at a LOS of C with a current count of 1,196 (north bound) and 1,388 (south bound) peak hour trips. The analyzed roadway segments will continue to operate at an acceptable level of service with the proposed development. On April 20, 2016, the City's Community Appearance Board granted a Level 1 approval for the proposed development. The Boards role is to review proposed development to ensure that it is consistent and furthers the community's architectural standards and enhances existing development. On July 27, 2016, the City's Planning & Zoning Board unanimously recommended approval of Special Exception No. 2016-03 and site plan approval. There will be additional City approvals needed to construct the proposed development. These include: an administrative concurrency review and an administrative Site Development Permit. Attachments: 1 -Location Map/Street View 2 -Rendered Elevation 3 -Site Plan 4 -Staff Analysis and Worksheet -Sec. 110-3 9( c) 5 -Special Exception 2016-03 Application Packet 6-Traffic Analysis -March 17, 2016 The CD Staff recommends that the Board of Adjustment take the following action: Recommend approval of Special Exception No. 2016-03, subject to the following conditions: 1. Prior to the City's issuance of a Certificate of Occupancy, Cumberland Farms shall record with the Clerk of Brevard County a temporary signage, landscaping, public amenity and utility easement ("Temporary Easement"), as depicted in the hatched area on the site plan, to the City of Cape Canaveral, in a form acceptable to the City, to run concurrent with the land for the term of the Cumberland Farms lease and any future Cumberland Farms sub-lessees. Such easement agreement shall include the flowing definitions: Signage -as authorized by City Code Chapter 94. Landscaping -as authorized by City Code Chapter 110, Article X, Economic Opportunity Overlay District. Public Amenity -a publicly interactive and/or publicly aesthetic enhancement. Examples include sidewalk, pedway, outdoor furniture, courtyard, bike rack, clock tower, fountain, public art. Specifically excluded: public restroom facilities and utility equipment serving property outside of the easement area. Utility -electric and/or plumbing equipment serving only the easement area. Board of Adjustment: 08/23/2016 Special Exception No. 2016-03 Page 3 of3 Specifically excluded: service equipment for sewer, telephone, cable television, and gas. 2. Prior to the City's issuance of a Certificate of Occupancy, Cumberland Farms shall record with the Clerk of Brevard County, in a form acceptable to the City, an agreement to convert the Temporary Easement to a Perpetual Easement should the Tenant or any future Cumberland Farms sub-tenant become owner of the property. A proved by CD Director: David Dickey Date: Attachment 1 Attachment 1 Looking North Looking Southeast Attachment 1 Looking South -N. Atlantic Ave. Looking West Attachment 2 Rendering -looking northeast \ \ \ \ 'T"~~ l!OL AAIX:. !:TllfET UCri1' ~ JG ~-s. :twi. ae oc.~T".J)ourll ntl! A~~Clt$Ml'l10ft~ ~ ~°'TH! aN (1'Y<E -o· Oft ·r Oii 6 ~"t ~ TO P\JllLlC .oH0 AT!! :lie~ !IH1'U. &e F5' l'l>OT Attachment 3 Staff Analysis and Worksheet-Sec. 110-39(c) Special Exception No. 2016-03 Attachment 4 All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes, the subject property in situated in the Astronaut Boulevard/N. Atlantic A venue commercial corridor. The proposed use is a continuation of the commercial development pattern in the area and is consistent with the Future Land Use Element of the Comprehensive Plan which seeks to ensure the proper relationship among various land uses (Goal LU-J). b. Is the requested SE consistent with the intent of the zoning district in which it is sought? The proposed use is consistent with the C-J zoning district as defined in Sec. JJ0-33J of the City's Code, which states (underline added): The requirements for the C-J low density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The Wes of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. c. 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.? Yes, the special exception is consistent with applicable zoning standards as contained in Sec. J J 0 of the City Code. 2. Impact to Surrounding Properties a. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the proposed use is consistent and compatible with adjacent uses. The subject parcel is within a much larger C-J district that represents the City's main commercial corridor. The surrounding properties have primarily developed with commercial uses that would typically be located along a major arterial road (SR AJA). SR AJA is the main north-south route through Brevard County's coastal communities and serves its residents and visitors. The proposed use will meet applicable zoning standards to include those associated with off-site glare, noise, buffering, landscaping, traffic generation, etc. On April 20, 2016, the City's Community Appearance Board approved a Level 1 Application/or the subject project. This approval required the CAB to consider if the proposed plans and specifications of the project are in harmony with the established character of other buildings and structures in the surrounding area. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes, see response to 2 a. above. c. Will the traffic volume and type adversely impact land use activities in the immediate vicinity? No. Attachment 6 to this application includes a traffic analysis that demonstrates that the proposed development will generate an additional 615 net new daily trips, 27 net new AM peak hour trips, and 51 net new PM peak hour trips. Astronaut Boulevard (SR AJA), which provides the primary access to the project, is operating at a LOS of C with a current count of 1,196 (north bound) and 1,388 (south bound) peak hour trips. The analyzed roadway segments will continue to operate at an acceptable level of service with the proposed development. d. 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 principal use? No. As shown on the site plan, all service areas including loading areas and dumpsters are located on the eastern side of the building, opposite the multi-family to the west. Dumpsters will be enclosed consistent with City code. Parking and traffic circulation are designed to have minimum impact to other properties in the surrounding area. Stormwater runoff is addressed by retention ponds located in the southern and northwestern area of the site. e. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the special exception? Yes, site improvements will meet applicable Code requirements to address possible off-site impacts. Specifically, a 10 foot landscape buffer will be installed along the property's frontage of Astronaut Boulevard and N. Atlantic Avenue. In addition, the applicant has designated an area to the south end of the property for public use. Tentative plans include a seating area with a plaque discussing the N. Atlantic corridor. f. 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 special exception requested? Yes, see the attached site plan. g. 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. City Code requires the use of shields to direct light downward to reduce the spillover effect onto adjacent properties. h. What are the hours of operation and how will they impact surrounding properties? The operating hours for this location will be 24 hours a day, seven days a week. As indicated above, this property is located within the City's main commercial corridor that contains uses similar in nature to the proposed use. Cape Gardens, a multi-family project is located across Astronaut Boulevard to the west of the proposal A significant landscaped berm has been installed that buffers the units from off-site noise and lighting impacts. 3. Traffic and Parking a. Is there adequate off-street parking? Yes, the site plan includes the number of parking spaces as required in Sec. 110-491 of the City's Code. b. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes, the project is proposed to be accessed at three points. Two on Astronaut and one on N. Atlantic. All traffic circulation has been reviewed and approved by the City's public safety officials. c. What type and how much traffic will the special exception generate? See the attached traffic analysis. d. Are there adequate loading and unloading areas? Yes. 4. Public Services a. Are adequate utilities available? Location and capacity. Yes. Public utilities are available to the site. A concurrency review will be required as part of the project review. b. Will the proposed special exception create any unusual demand for police, fire , or emergency services? No. c. 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. d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? Yes. Dumpsters will be located in the northeastern portion of the site and will be screened from public view consistent with Sec. 110-488(d) of the City Code. 5. Miscellaneous Impacts a. Will the proposed special exception 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? Development of the site will meet focal, state and federal requirements. b. Will the proposed special exception have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? As the proposed project is the redevelopment of an existing automotive service station, it is not anticipated that any adverse impacts to natural and/or cultural resources will occur. c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. d. Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? It is anticipated that the proposed project will have a positive impact on the quality of the neighborhood by fully utilizing the site and removing structures that are obsolete. . . . CITY OF CAPE CANAVERAL SPECIAL EXCEPTION APPLICATION PACKET Instruction sheet. ................................. 2 Submittal Checklist. ............................. 2 Information Sheet. .............................. 3 & 4 Worksheet. ....................................... 5, 6 & 7 Radius Package Instructions ................. 8 Attachment 5 JltZJ111 Special Exception Application -4/2015 Page1 City of Cape Canaveral SPECIAL EXCEPTION Instruction Sheet A pre-application meeting with the Community Development Director is required prior to completion and submittal of a Special Exception application. The Special Exception application shall be prepared in compliance with the requirements of Chapter 110, Sections 110-38 & 110-39 of the Code. To access the Code, visit http://www.cityofcapecanaveral.org, highlight City Departments, highlight City Clerk, click on City Code of Ordinances; click on http://www.municode.com then click on Cape Canaveral Code of Ordinances. You and/or your 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 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 the time of submittal, the application will not be accepted. Special Exception Application Submittal Checklist 1. /completed Information Sheet. 2. /Authorization to represent property owner, if applicant is not the owner. If tenant: Notarized letter of authorization. If other: Written Power of Attorney. 3. V Payment of an application fee ($250.00) which is non-refundable, and an Escrow deposit fee ($1800.00) to cover costs of application review, notification of surrounding property owners, etc., is required. Any funds not used will be returned to the applicant. 4. /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 8). 5. /Legal description along with certified survey or map from Brevard County Property Appraiser depicting property boundaries. 6. Vcopy of recorded deed or Opinion Title for subject property. 7. /certified survey or site plan (scaled drawing of subject property depicting boundaries, all structures, and parking). Special Exception Application -4/2015 Page2 City of Cape Canaveral SPECIAL EXCEPTION Information Sheet Description of Request: (Insure that the specific Code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. A 4,928 sq. ft. convenience store with 6 fuel pumps Address of requested Special Exception: 8000 Astronaut Blvd, Cape Canave~al FL 32920 Name of Project (if applicable): _c_u_m_b_e_rl_an_d_Fa_r_m_s ___________ _ Legal description: Lot(s) oooo.ooe1ock 00287.0 Subdivision 00 ·--------- Section _2_3 __ Township 24 Range_3_7 __ Future Land Use and Zoning designations: C-1 Low Density Commercial District Owner and Applicant Information: __ I am the property owner. /i am a tenant. (Attach notari~ed letter of authorization). __ I am authorized agent other than a tenant: (Attach Written Power of Attorney) Owner(s) Name: Mary M Trust, The Crowder Mailing Address: 719 Garden St, Titusville FL 32796 Phone number(s):. ______________________ _ Email(s):. ________________________ _ Authorized Agent Information (if applicable): Name of Authorized Agent: _C_h_r_is_O_ss_a~, P_._E_. -------------- Mailing Address: 7175 Murrell Road, Melbourne FL 32940 Phone number(s):....:(_32_1...:..)_7_75_-_66_5_1 ________________ _ Email(s ): · christian.ossa@atkinsglobal.com Special Exception Application -4/2015 Page3 ( . .,. .. City of Cape Canaveral SPECIAL EXCEPTION Information Sheet -Cont'd I hereby attest that all information, s tches and data contained and made part of this request are honest and true to t st of my kno ge and belief. State of Florida! County of f?:(=evtlli6.. Sworn to and subscribed before me on this )-?/A.· day of_dJ~u.D=--""""G-_____ _ 201{,t by Cho 7ti Ck1k ()s:sa..., , o who is personally known , or ffpmdured i.d. -,Type of i.d. F~vi5 {AClf15K-- Signature of Notary: /{Jriui.A , /1 · ~ Notary Seal: 0._~.<~ Kristina A. Frost : .~ · ~ State of Flonda ~~~10~~ My Commission # EE 213533 O,,\; Explrn: July 2. 201 s Special Exception Application -4/2015 Page4 June 22, 2016 ••• . ... . :~: Cuntiei1and F A R M S AUTHORIZATION Project Name: Cumberland Farms Project Location: AlA & North Atlantic (a/k/a 8000 Astronaut Boulevard) Cape Canaveral, FL Dear Sirs : Atkins North America, Inc. is the authorized agent for Cumberland Farms, Inc. to handle all site-related permit applications for the Cumberland Farms development project located at AlA & North Atlantic, (a/k/a 8000 Astronaut Boulevard), Cape Canaveral, Florida. Cumberland Farms, Inc. '--/ J I By: ?/..11.J.tUU'l_; JLf.fJ,j {I <----I Kathleen A. Sousa Senior Pipeline Manager Commonwealth of Massachusetts County of Middlesex The above instrument was acknowledged before me this 22nd day of June, 2016, by Kathleen A. Sousa, Senior Pipeline Manager, Cumberland Farms, Inc., who is personally known to me, and who did take an oath. Notary Public CONN(! M. SVAEK Nolary Public ~THCl=M~CHUSETTS My Commission Expires January 21. 2022 ,Jon 2-i :20 µ... Cumberland Farms, Inc. 100 Crossing Boulevard, Framingham, MA 01702 508-270-1400 , www.cumberlandfarms.com ·l i I ·I I i I ·! ·I ·I l .. , i I I I I I I .I I City of Cape Canaveral, FL Agent Authorb;ation Form . .m I J - ' " " ·"" vA ~v ~.\. · ~_.., ~l '"" l.L" J I""'~~ c. ~~ 't\11• "I ot-• JIWE. (PRINT PROPERTY OWNER NAME) 1 AS THE OWNER(S) OF THE REAL PROPERTY DESCRlBED AS FOLLOWS, QOtX> A~~~ ·rit l..v. ~.-... I , DO HEREBY AUTHORIZ • TO ACT AS MY/OUR AGENT (PRINT AGENT' NAME), CL,,..;s Or1.1;. 0 .... J A#Js;ti> {afobl , FOR APPLICANT, ~-lc.,W (;.,~!> TO EXECUTE ANY PETITION OR OTHER. DOCUMENTS NECESSARY TO AFFECT THE APl'LtCATTON APPROVAL REQUESTED ND MORE SPECJFICALL Y OF.SCRIBED AS FOLLOWS, A~~ ~""-~t,W a,...._,. <..-~ • AND TO APPEAR ON MY/OUR BRH LF BEFORE NY ADMINCSTRATIVE OR LEGCSLATIVE BODY JN THE COUNTY CONSID ,R1NC THIS APPLICATION AND TO ACT JN ALT. RESPECTS AS OUR AGENT CN MAlTERS PERTA ING TO THE APPLICATION. Date: ----Signature of Property Owner Print Name Property Owner STATE OF FLORIDA: COUNTY OF -&,._,...._( J_ I certify that the foregoing inslrumcn~~ "4l!f'lJ<4fl.cd b)IF.9'l!l.!! ~~!1-day of __ --+--- 20 .1_ by..T«ty uJ. -Ml~~ ~ells pcao'ii~Wknow'TI toWi'~ccd as identification and did/did not take an oath. ~~---~-~~ Witness my hand and official seal in the county and state stated above on the )..;;J.-day of_-. ___ _, inthcycar d-0/{,P . ~~ ~''\\'"""'"'''" ~· -I ~'l (')OLEMB!c,!!~ ~ ~~ •••••••• "IS'""~ ~~ -~~SSIONA.~·.v ~ • :~ ~ 'tP ~·· ~ s· fN P bl. ~ .·~.~'\'bl.20,r....,.~\ 'i; J : :~ 'tP\*i 1gnaturc o olary u lC (Notary Seal) =* i ••• : :!C": Notary Public for the State of Pfor1 ti.. ~'f>.. •Ff 136366 ! ~§ 7nn 1r nnfiti ~ ~... ai.t14\\46 _; •• ~$ \i'f?J-· •• ~ ru. -~-=-~ ~~.$' ~r/lfi:..~•••••••c~ ~ ~11.~tttc ST~\v ~,,~ .,,,,,,,i/1111\\\\\\'l T7.~ YV~ ~7.:~0 9T07./7.7./90 ATKINS June 29. 2016 David Dickey Community Development Director · City of Cape Canaveral Phone: 321-868-1222 Atitl North Allterial. Inc. 7175 M!..tMi Ro6d: Metboorne, Fblda 32940 Ttt1Phot•·•1.D~ Fax: +1.321.242.(;101 Project Name: Cumberland Farms -8000 As'tr-0naut Blvd. RE: RESPONSES TO SPECIAL EXCEPTION WORKSHEET: Narum of Sptgllt Exctption Describe what you are proposing to do and why. Describe in writing and prepare site plans, floor plans, architectural renderings, photos. etc. as necessary to fully describe the Special Exception requested. Cumberland Farms. Inc. is proposing the redevelopment of the existing gas station located on 8QOQ A.strongyj Blvd in the City of C'!W Qmaveral. The nrewsed redevelgpmenf Includes a new 4.928 sf convenience store with 325sfQ.(outdoor seating and 6 diS]Jensing pumps. 1'he prq,posed site will be eg,uigped with (2) lOK split uneferground storage tanks. fueling canQl?Y, outdoor seating. airlvac tower. bike rqck &Hdumps.ter enclosure. Impact tg aurrpugdjng •mwtin 1. Is the proposed Special Exception compatible and hannonious with properties and uses in the surrounding area? Explain why. Yes, the prQJ?Osed ptolect will redevelov an existing service station with a new mote aesthetically. pleasing convenience store gas station. . No change in the current use is proposed with this projtct. 2. Wifl the scale and intensity of the proposed Special Exception be compatible and harmonious with adjacent land uses? Yes. the scale and intensify Q.f the p!'QPOSed redevelopment is compatible qnd harmonious with the at/jacent land uses. Currently all surrgundinz oarcels are C{. no chanas to zontng or land uses are oroposed with this project. Paget of5 City of Cape Canaveral-Special Exception Worksheet Responses 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? A trqfjic sJudy was completed and submitted to the City as pqrt el the site plan awrova/ paclcgge. The trgjf1e study rommunicated, m qdverse impacts tQ th/ immediate vicinity qf the protect site due to the proposed improvements. 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, stonnwater runoff or other off site impacts. The orgposed re4evelovment is not imended to adverselv impact the surrounding properties with the creation o(additionaL· • Noise: mt anticipated due to the existing use and proJ!OSed use being the same. • Light: proposed lifhting will conform to the City 's lifhdng code. • Odcr: m adverse odor is anticioated • Traffic: trqffic studv completed did not forecast adverse impacts to surrounding traffic. • Stormwater: drainare design of the prqposed project is intended to attenuate all of the site stomrw..ater runoflwithin the site. 5. Will there be adequate screening, buffers, landscaping open space, etc. to mitigate any adverse impacts of the Special Exception? The design il'l£{UJJ oft he prQject is to me~t the City's desi~ standards (pr C-1 zoning and the Al.A economic opportunity overlgy district 's rules qnd regulafions. The project will conform IQ both sets ofreeufgtions regarding byt not limited to screening. byffers. &; landscgping. 6. wm 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 Special Exception requested? Yes. geometric wrameters have been designed to harmqniously interface our client 's internal clrcu!gtion reg,uirements with that to the Q/fsite charqcteriS(ics. Cqmbglqnd Farms 4esign standards . are catered to the convenience of its customers accessing and maneuvering throu'lhoJJI the_ site. 1. 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. point g.f purchase sign. cano(!Y lighting. site lirhting and store li~htin& have been desjped to "JUI the City 's Ji~hting code. Clear sight lines with respect to signs are intended to adeouate.lv qddress sqfety. Page ,lofS .·~ , ·. City of Cape Canaveral -Special Exception Worksheet Responses 8. What are the hours of operation and how will they impact surrounding properties? The Cumberland Farms convenience store and gas station services gre intended to be opened 24 hours -7 days a week. The immediate surround uses are gll zoned C-1 commercial therefore m adverse impacts are anticipated. Iraftk; and P.rfsing 9. Is there adequate off-street parking? Yes. C-1 zoning reguires that 1 parking space per 300 sf conv(!nience store be pmyided, equaling 17 q.ff-street . parkinz spaces reguiret/, The proposed ]}roject will provide 22 off street par/dng spaces and 12 fi.le!ingpositions. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and emergency access? Yes. there will be 3 points Qfingress and 2 points Q,feuess on the site. (2) driveway({])- right-in/right-out & (J) right-in) off.AJA and 0) driveway offN. At/antic lfull access). All drivewgys gre design to meet Florida Department of Transportation design standards and Citv stqndards. In addition. the Cumberjgnd Farms site are design for thg access of a fueling tanker truck. The tanker trucks design parameters exceed the minimums for emergency vehicle access. 11. What type and how much traffic will the Special Exception generate? CommU{er traffic is expected at redevelopment. The results Qf the traffic study indicate that g,ffeite surroundi11£ roadwqys sepients are expected to '°perate at an accept,able level of service with excess cqpacityon the surrounding roadways. 12. Are there adequate loading and unloading areas? Yes. loading area is proposed on the eas{ side gf the store. The loading area js not in the stores travel aisles in order to 120t inten-upt costumer traffic. public Ser:ylw 13. Are there adequate utiJities available including location and capacity? Yes. the City's sanitary sewer system will be utilized as well as the City Q,{Cocoa's potable water seryices both within the west shgulder of N. Atlantic. N. AtlQ1l!.ic improvement prQfects will maM reuse water avgilable to the proposed site. A reuse connection is proposed for irrigation. Page 3 ofS City of Cape Canaveral-Special Exception Worksheet Responses 14. Will the proposed Special Exception create any unusual demand for police, fire or emergency services? Unusual demand for . police. fire or emergency services is not anticipa!ed due to the rer}evelopment .ofthis site. 15. 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? Adverse jmpac(S on public seryices jnc/ut/ing water. sewer. slllf«ce water management. parks and recreation. streets. public tra11Sportqtion, marina and waterways and bicycle and pedestrian fa~ilities is not anticipated due to the proposed redevelooment. 16.Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. the dumpster is oroperlv located and screening will be vrovided via required landscaping.. Mi1Qtllantou1 lmQacts 17. Will the proposed Special Exception 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 adverse impacts are anticipated with the proposed redevelopment to the nahUal environment.. includinf air. warer. and noise po,J/ution1 vegetation. wildlife. open space. noxious .and desirable vegetation and ffe>odhgzards 18.VVill the proposed Special Exception have an adverse impact on historic. scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? No adverse impact is anticipated on historic. scenic. and cultural resources. including views and vistas. and {oss or degradation of cultwal and historic resoutces. 19.V\lill the proposed Special Exception have an adverse imp.act on the focal economy, including governmental fiscal impact, employment and property values? No adverse impacts on an adverse impact on the local econom}!. including governmental fiscal impact. em,ployment aru/umnerty values are anticipated. Page4 ofS City of Cape Canaveral -Special Exception Worksheet Responses 20. VVill the proposed Special Exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? N-0. adverse impa,£{S on housing and social eenditiQJJS. including a variety o(housing unit fY.PeS and prices. and neighborhood quality are anticipated due to proposed redevelopment. If you require any additional information or have any questions, please contact me at (321) 775- 6651 or chrlstian.ossa@atkinsglobal.com. We look forward to having a great project come to fruition. Sincerely, Chris Ossa, PE Senior Engineer Page 5 of5 ....... _, =. l ~---_.. .. w . .. ~ ~ ,_•n......o U,__,.allwra' .... Oldil ... _ ... ""'°'~ Attachment 6 <IMC MAHON TRANSPORTATION ENGINEERS & PLANNERS McMAHON ASSOCIATES, INC. 2090 Palm Beach Lakes Blvd I Suite 400 I West Palm Beach, FL 33409 p 561-840-8650 I f 561 -840-8590 mcma honassociates. com March 17, 2016 VIA E-MAIL Kathleen Sousa Cumberland Farms 100 Crossing Boulevard Framingham, MA 01702 RE: Cumberland Farms-SR-AlA and North Atlantic Avenue Traffic Analysis McMahon Project No. N16120.0l Dear Ms. Sousa: PRINCIPALS Joseph W. McMahon, P. E. Joseph J. Desantis, P.E., PTOE John S. DePalma William T. Steffens Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE ASSOCIATES John J. Mitchell, P.E. Christopher J. Williams, P.E. R. Trent Ebersole, P.E. Matthew M. Kozsuch, P.E. Maureen M. Chlebek, P.E., PTOE McMahon Associates, Inc. (McMahon) has completed a traffic impact analysis associated with the redevelopment of a site located on the north corner of the intersection of SR-AlA and North Atlantic A venue, in the City of Cape Canaveral, as shown on Figure 1. The site currently includes an automotive care center with three (3) bays (two [2] inside and one [1] outside), a 527 square feet convenience market and a one-stall car wash facility. The proposed development, with an anticipated buildout year of 2017, will include a Cumberland Farms gas station with 4,928 square feet of convenience store and 12 fueling positions. The site plan is attached in Appendix A. Trip Generation Analysis Trip generation estimates were developed for the existing and proposed land uses based on rates and/or equations from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition. Some information was not available from ITE, in those instances, assumptions were made. They include the following: The daily trip rate for the automotive care center was based on assuming that the PM peak rate is 10 percent of the daily rate; The in/out split for the automotive care center PM peak hour was based on the AM peak hour split; The daily trip rate for convenience market was based on assuming that the PM peak rate is 10 percent of the daily rate; The pass-by rate for LU 852 was based on the pass-by rate for LU 851; and the pass-by rate for daily condition for gas station with convenience market was based on the PM peak hour pass-by rate. Results of the analysis, summarized in Table 1, indicate that the proposed development is expected to generate an increase of 615 net new daily trips, 27 net new AM peak hour trips, and 51 net new PM peak hour trips. Excerpts from ITE are attached in Appendix B. Corporate Headquarters: Fort Washington, Pennsylvania Serving the East Coast from 13 offices throughout New England, the Mid-Atlantic, and Florida Figure 1 Location Aerial Photograph <IMC MAHON c .11mberland Farms-SR~AlA at North Atlai1tic Aven11e Traffic Analysis "MfB#·'·*fL"'·l§''k''fr'iiif¥ii'·iti#l!i' City of Cape Canaveral, Flonda TABLE 1 TillP GENERATION ANALYSIS CUMBERLAND FARMS· SR-A lA AT NORTH ATLANTIC A VENUE TRAFFIC ANALYSIS DAILY 945 12 VFP T• 162.78 (X) so... 50% 971 976 1,953 547 547 1,094 56% 430 429 859 7'9 1,598 '91 492 983 615 AM PEAK HOUR Con~Marketl§l 852 527 T• -16 10 61% Car Wash 947 Stalls T• --°" PROPOSED USE Gas Station w/ Convenience Market 945 12 VFP T• 10.16 (X) -50% 61 61 122 38 38 76 62% 23 23 46 NET DIFFERENCE 46 ., 93 33 33 66 13 1( 21 PM PEAK HOUR Automotive Care: Center"> 942 Stalls T• 2.17 (X) 68% 32% °" Convenience Market0> 852 527 SF T• 3457 (X) .,... 51% 18 11 61% Car Wash 947 Stall T• 554 (X) 51% 49" 6 0 0% PROPOSED USE Gas Station w/ Convenience Market 945 12 VFP T• 13.51 --81 81 162 46 45 91 56% 35 36 71 NET DIFFERENCE " 67 131 ... "' 80 .. 21 51 (1) Source: Institute of Transportation Enginttu' Trip Gma•liotr MMlllM, 9th Edition, Volume 3. <IMCMAHON (2) O.ily trip 11te for Automotive Ure Center hued on &UUming th.It the PM pNk rate is 10%ol the daily r.1te. (3} In/out 1plit for Automotive Care C'.enter PM peak hour based on AM pe1.k hour split. (4) Daily trip rate for Convenience Market bued on U5Uffiing that the PM peak rate is 10% of the daily rate. (5) Pass-by rate for LU &Sl based on LU 851. (6) Pu.-by Rte for daily condition bued on PM peak hour conditions. F:\Fl\16120N_Cumber1andFarms_SR-A1AandNortl\AtlanticAvenue\16120N_01\TratficAnalysls\AnalysisTables.xls Kathleen Sousa March 17, 2016 Page4 Roadway Capacity Analysis Roadway capacity analysis was performed based on Section 86-6, "Criteria for evaluation of levels of service of public facilities," of the City of Cape Canaveral Code of Ordinances, which is included in Appendix C. Based on the net new increase in peak hour trips, the traffic study is required to analyze the capacity impacts at five (5) City traffic count stations. One (1) shall be at the northern extreme of State Highway AlA within the city limits, one (1) shall be at the southern extreme of State Highway AlA within the city limits and the other three (3) shall be taken at stations nearest the development, which are not located on State Highway AlA. The evaluation of available capacity at each traffic count station must include an assessment of existing traffic volumes, previously approved project traffic volumes and existing Level of Service E service volumes. The evaluation for each traffic count station is to be on a PM peak hour or AM peak hour directional basis, whichever is higher. Table 2 summarizes the roadway capacity analysis. Information for the roadway name, roadway segment, count location number, number of lanes, roadway service volume, 2014 peak hour volume and approved development trips were based on the City of Cape Canaveral 2014 Transportation Conditions Update, excerpts of which are attached in Appendix C. The 2014 peak hour volume was based on the average of the AM peak hour volume and the PSW A peak hour volume, per the TIS guidelines. The project distribution for the site, graphically shown on Figure 2, was based on a review of travel patterns on the roadway network, roadway characteristics, roadway connectivity to areas outside the City, and coordination with City staff. Project trips were assigned to the roadway segments based on the distribution and trip generation analyses and were based on the worst case traffic conditions, which are expected during the PM peak hour. Results of the analysis indicate that all roadway segments are expected to operate at an acceptable level of service with excess capacity on the roadways. Conclusion Based on the analysis contained herein, the analyzed roadway segments are expected to operate at an acceptable level of service with the proposed redevelopment. All analyzed roadways will have excess roadway capacity after the addition of project traffic from the redevelopment of the existing site to a Cumberland Farms gas station. TABLE2 ROADWAY CAPACITY ANALYSIS CU!lfllERLAND FARMS-SR-A 1A AT NORTH ATLANTIC A VENUE TRAFFIC ANALYSIS 2,IXXJ SB 1,286 323 25% In 1,615 385 SRA1A Cmter St to McKlnJey Ave 4LD 2,IXXJ NB l,196 m 55% In 13 1.496 504 2,IXXJ SB 1,388 216 55% Out 15 1,619 381 NorthAtl&ntic Awn"' CentralBlvd to SR AlA 2L ""' NB 347 155 20% Out 5117 293 ""' SB 240 116 20% In 361 439 Centtal SR Al A to North Atlantic Aw Boulcv'"'1 2L ""' EB 93 130 5% In 224 576 ""' WB 89 103 5% Out 193 6U1 Ridgewood Central Blvd to Madison Avt 2L ""' NB Avmur 61 21 5% Out BJ 717 ""' SB n 17 5% In 90 710 {I} Wormation lor Roadw•y N.1nw, Rolclway Sfsir-1. COUl'll Lootion Numb«. NurJt.ber ol lMWI,, Adopted LOS, Roadway Servit't V<*u:nt •nd A~ ~nl Tripi tr.ad on the Cily ol C.pr c:.nwr•l 2014 Tnineport.afion c.oncLtilxlJ Updaa. ~MCMAHON (2) 2014 pr.1k hourvollolQ\t bued Cll'I Hf'Apol AA peak haurand PSWA pe1khour, prr thl!TISguidelinH. (3) Project trips ti.ad on the worll a. net rww trip ftcna•, wltich t:0r~1atu to thl! PM prak hour. F:\FL\16120N_Cumber1andFanra_SR-A1AandNorthAtlantlcAvenue\16120N_01\TrafficAllalygls\Analyai1Ta~ea.xls ti N NTS Figure 2 Project Distribution Iii C c _umberland Farms-SR-AlA at North Atlantic Avenue Traffic Analysis ~M MAHON City of Cape Canaveral, Florida 1A:AN~POR1ATION £.Nt.:.INLtR~ .S. PLANNtR'~ Kathleen Sousa March 17, 2016 Page7 Should you have any questions or comments regarding these findings, please do not hesitate to call me. Sincerely, Natalia Thais Lercari, P.E. Professional Engineer License No. 68205 State of Florida, Board of Professional Engineers Certificate of Authorization No. 4908 F: \FL\ 16120N_CumberlandFarms_SR-A1AandNorthAtlanticAvenue\ 16120N_Ol \Admin \JtrKS031716.doc NTL/amp Enclosure CU RT IS R. MOSLEY MICHAEL M. M WALLIS -''O 2000) lYlO~LEY & WALLIS, P.A. 1221 EA.ST N EW HAVEN AV ENUE M"EL"l\OURNE, FLORIDA 32901 February 9, 2016 Via Email: agarganese@orlandolm•,.net Anthony Garganese City At Jrnc; City of Cape Canaveral RE Encroachment of res11 ic nce under construction into the setback line AR£A COD£ 32.1 TELEPHONE 984-3642 TELECOPIER "68-167, Thi s firm represents Tim Bratcher with regard to the encroachment of the residential home bemg \.'.unstructed on the a<11acent lot of John Dinsmore to the west of my client's property v. h1ch home encroaches {1 .o the side setback. Currently the east side of the home lies within 3 1/_ foet fro m my clien1 property line. The residence under construction intrudes 5 or 6 foet mto the side setback as st •ted hdhe city code. I have the following comments. My cl!t;nt has informed C•Xlc enforcement on numerous occasions and other official s ot the Cil) < ape Canaveral abuut rhe encroachment and has been told that the city cannot take anv 1di '1 1mtil my client ha , -;urvey showing the encroachment. One month ago, my client delivered a cunent boundary ,urvey of his property which shows the location of the new construction on the Dinsmore 1ot adj acent to my client's property. After delivering the survey to code enforcement, my client was advised that they could not take any action until they wer-.. toi to do so by the Cit1 Atturney. In addition to the encroaclm1e , 1t to the side setback, approximately rnro feet of fi ll has been placed ·n the Dinsmore lo _ a base for the residence under construction and in the front ponion ,y; the lot. The recen 1 ttns have caused my client's property to be flooded and it appea1 rhar the Dinsmore propt t does not have adequate drainage to prevent the water cascading lrom 1he Dinsmore !or t< •ny client's lot. Apparently the City has approved the ~onstt·t1ct1<.1n -.:f q iesidence which has inadequate drainage which also violates the city's code. r ll;' vt t>nclosed a copy of the boundary survey prepared by Riehl Reliable, Inc Surveying & d.; 1pping and a co1 t" the Dinsmore survey that was used by the city in granting the pr:i mits to Dinsmoi-e for rhe construction of the residence. My client advises me that John Wal ker of Walker Lfmct Smvey Inc., who prepared the survey of the Dinsmore property. hai: •Jmitted that his survey is incorrect and that the Riehl survey is correct. My chent intorm: me that he has maJe the city aware of these problems, patticularly code enforcement '>:nee he saw Walker Surveying making the survey of the Dinsmore property approximately one year ago .. All rn. 1;1ient wants is that the city do its duty and make the builder of the residence on the Dinsmwe property com11ly with the code a11d ordinances of the City of Cape Canav\;'.r~l ns evervone else is re . •' . .-c to do. The ptoblems created by the constrnctim1 of r'1"' residence on the Dinsmore property has created serious problems for my client because of the city's failure t0 insist on compliance with its code and ordinances. Pie «t lnstruct the city t• equire D.insmore to remove the residence from the side setback aud ·equire the installauo1 of an adeqlmte dminage system to stop flooding of my clknt s nroper y as required by th~ c-.c .Je and ordinance of the city. n "'-•1 .ou for your assistanc and cooperation in this matter. Sincerely, SANITAIJ.'Y MANHOLE WOOD 1.2 1.6 TOP E£=5. 02 o o ---JNil.=-.-4{)..--------opp--------------------------- 06·6 -- - - - - - - - --=-u-- - - - - - - - - --0:;; 06·0 --s B~B'33" E - - ---s B9°3a'33 " E.-- - - 0 6·'3 80. 00 1-~ REC. 5 8" JR. 75. 00 5Jo C '. 5/8" JR. REC. 5/8" JR. LOT 8 FORMBOARDS ONLY FORMS EL.=7.91 17" ABOVE ROAD 17.7 <l:i ~---. 13.0 ('j FORMS 32.7 PARCEL P. O.B. (PARCEL A.26) 22.7 LOT 6 1 ~· 281.26 Sq. Ft. INSIDE HATCHED AREA ~:: Cr") 0:, """1~ "=" ~· "t::l~ -....::..c:::i c:::i c:::i ~C!J PARCEL A.17 ~ FROM RIEHL RELIABLE SURVEY """1 P.O.B . (PARCEL A.25) REC. 5/8" JR. 75. 00 · N 89°38 '33" w GARDENS WA VE ONE _ PATRICK LEE 400 HARBOR DR CAPE CANAVERAL, Fl 32920 f. } • • BOARD OF ADJUSTMENT BOARD ROLL CALL & VOTING SHEET ) JI Qa_l( 0 ARVO EILAU (Chairperson)o'°p_,j-YES NO -- o DOUGLAS RAYMOND (Vice Chairperson) G NO o GEORGE SWEETMAN NO o DESMOND WASSELL NO YES NO o JOE ELLIOTT NO PLAT OF LAND SURVEY FOR and/or CERTIFIED TO: John Dismore RECEIVED OCT Z 7 2015 ' DESCRIPTIONS AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED IN PLAT BOOK 7, PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN S 00·54';!9" E. ALONG THE EAST LINE OF SAID LOT B, A DISTANCE OF 66.00 FT, THENCE RUN N 89.38'33" WAND PARALLEL TO THE NORTH LINE OF SAID LOT B, A DISTANCE OF 570. 70 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 80.00 FT, THENCE RUN N 00·54 '29" W, A DISTANCE OF 128.50 FT, THENCE RUN S 89.38'33" E. A DISTANCE OF 80.00 FT, THENCE RUNS 00·54'29" E. A DISTANCE OF 728.50 FT TO THE POINT OF BEGINNING. REC. 5/8 " lR. REC. 5/8 " l R. 91-":if;! "Jr;, if LOT 8 OAK LANE CRA VEL PUBLIC ___ RLW VARIES _ (B.B.) s 89°38 '33" E PROPOSED CONC. DRIVE <:::> ...; ...... PROPOSED RESIDENCE 57.00'x:60.00' 22.7 0 24" ,,,_i-PROPOSED F.F.E. =7.01 ~~v 24" ABOVE ROAD oak 17. 7 {') JO" oak 0 32.7 o JO" oak EDGE OF PAVEMENT P.O.C.) NE. CORNER OF LOT B PARCEL A.25 P.O.B. 0 VACANT D 0 2-10" oak/~ REC. 5/8" l.Ri- if o· LOT 7 OCEAN GARDENS WA VE ONE (PB. 38, PACE 72) o'> ~- 510.10 N 89°38 '33" W W'ALK£R LAND SURVEYING,, INC. N TH( UNDERSIGNED DOES HEREBY CERTCFY THAT THIS SURVEY HE"ETS THE MINltfl.1111 TECHNICAL 4 s STANDARDS SET FORTH BY THE FLORIDA 801\RD Dr SURVEYORS AND MAPPERS IN CHNJTER 5J-17 FLORIDA ADHINISTRAHVE CODE PURSUANT TO CtWTER 472-027, FLORIDA STATUTES. UNLESS SIGNED AND EMBOSSED 'W'JTH SURVEYOR'S SEAL, THIS SURVEY IS HOT VAL.JD. 3 THIS SURVEY \o/AS PREPARED FROH TITLE INFORHATION rLJRNISH!:D TO TH£ SURVEYOR. THERE , MAY BE OTHER RESTRICTIONS OR EASEMENTS THAT AfF"ECT THIS PRCPERTY. 4. NO UNDERGRtlJND IMPROVEMENTS HAVE BEEN LOCATED l.H..ESS DTHER\IISE SHCJ\IN. 5. THIS SURVEY JS PREPARED raR Tt£ SOLE BENErtT or THOSE CERTlfIED TO AHO SHCll..O NOT BE RELIED lJ'ON BY ANY OTHER ENTITY. 6. DIMENSIONS SHOVN HJR THE LOCATICJol or IHPRQV(HENTS HEREON SHtJ..LD NOT BE USED TO RECONSTRUCT BOUNDARY LINES. 7. [L[VATlQNS, If SMCl\JN, ARE BloSED ON NATIONAL GEOD£T1C VERTICAL DAlUM CF" 1929. lH.ESS GRCVllRO COUNrY omcc OTHER\ltSE NOTED. THE SOUTH R/W LINE OF OAK LANE g.,}~~ ..f. Jzgss 8. BEARINGS BASED ON S 89•38,33• E l------;-'1"7''1";:7i)-----, .J2l-~.J6-IO$S SMD BEARING BEING -"'--""~"-"'"'--"<------:--:-::--:::::--::-:=---:-----l ND J2f-6J6-1404 (FAX) 9. BEARING AND DISTANCES ARE PLAT AND MEASURED UNLESS OTHERIJISE StlJIJN. ~.T. =~~c11rr1~ANGCNCY ~ =~ti."o LB 6110 ~~~~~~E~~SN T~ETH~isi~~YT~ ~~~?:~r~o0·~,:=-E~~~T rROH SIGNING SURVEYOR. ::c ::t~ff:~~~ •I> ti :i5!~~ KMKNT i-:::::..:~=--+1-~.!:..l~~::_;;:::..:::;;:;:;,:.::;:::;:_;,::...:;~.:;;;;:.;.;;,;..,..;.;,;;;,;;;~S;:CAL::-;-£ ~==-:,.:-:=~2;;:0;-:-,-=::::;--1 L •ARC LENGTH SET l.R. •5JB• l.R. Vlll.I '7!0 CERTirIED BY• R.L.S. NO. 5362 ~~ :g::~ ICARIH(j ~ .. =~r~~°atotNNINCil~:::.:.:.'-'.::.::....:..:+--tlrt-_,.,,t------------~~~=~~~~N..DN LIN: ~~-:=:D~r BOUNDARY 6-20-13 :~~ ::~~~l>'-V•T ~..:r. =~=~'i:..:O.~ISC ~-------------------. ~fg~ ~l/.f 9-Jl-J3 ~~. :~;:~~17)o1., ~~~" =~~~:,.GE mis BUILDING/PROPERTY DOES NOTLIE 11nH1N THE ESTABLISHED PLOT· REV. ~=i=1~ ~,Dv =~!~~ALI( ~7i =~:::~c\1;*BLOCI( SPECIAL f"LOOD HAZARD AREA PER ·nRw. IT LIES IN ZC>4Ei x ELEV. 10-21-15 D..H. •DRILLIO.( P.C. •POINT IF CURVATURE J2009C 03J3E r1 .. [ 4-3-89 =7"'7"=--;:;-;------(L ;_f}t:,v~1iB'!PUIUC UTILf/r°fS , h:!~~s.W.V.UD PANEL I HAP unT ' tJRAVN BY1 Z . .A.~. 49521 rtELD DATE ORDER Ill Ct£CKED BY1 ABBREVIATIONS: CONC. Concrete C.B.S. Concrete Block Stucco Roil Fence -ll--ll--4' Chainlink/Hog Wire Fence --<>--<>-6' Wood Fence · -·-·-·---Centerline of Right of Way -··-.. -Dividing line of Party Wall 6.0' Vinyl Fence IP IRC EP Cl STY PRM ELEV. IR W/F CM (P) (M) (Rod) WM 0/S PC PT (NR) F&P WW CB SSMH WPP Iron Pipe Iron Rod & Cop Edge of Pavement Centerline Story Permanent Reference Marker Elevation Iron Rod Wood Frame Concrete Monument Plot Measure Radial Water Meter Offset Point of Curvature Point of Tangent Non Radial Fredlund & Packard Wing Woll Cord Bearing Sonitory Sewer Mon Wood Power Pole Hole I · . . · I Denotes Concrete MAP OF SURVEY 123 OAK LANE CAPE CANAVERAL, FLORIDA 32920 LEGEND : SURVEYORS NOTES: • Set 5/8" iron rebor with cap II LB 7715 0 Found iron rebor, 5/8" , or as noted • Set 4"x 4" concrete monument with cop fl LB 7715 0 Found concrete monument size and identification H ' A Set nail and disk H LB 7715 6 Found nail and disk, identification # as shown 1. R~I does not carry professional liability insurance. 2. Liable for cost of Survey only. 3. Unless otherwise noted only plotted easements shown hereon. 4. P.U.D.E. denotes public utilities and drainage easement 5. No underground utilities or improvements were located unless otherwise shown 6. Bearings shown hereon ore based on the the North property line of Ocean Gardens Wave One as recorded in Plot book 38 Page 72 being S 59•35•33"E per plot thereof also being the South line of Jewell's Properties Inc. 7. This site appears to lie within flood zone·x· per community panel H12009CO 539 G doted 03-17-2014. __i _ __Qp..lLJ.8~(_ - - - -----OORTRQOD SET 5/8"1RC LB 7715 ( AIGHT OF WAY VARIES ) >-~ 1• ALUM. PIPE 0.17' N r--tl:Ot---1::----:------------~·1/2" IRON PIPE ~ S 89.38'33" E 75_0• IN ALUMINUM er ~~)l; N a 0.00' E _J a:: ~ 0 U) a:i ~ .. TAX PARCEL A.25 20 FEET ) 1 inch 20 ft. GRAPHIC SCALE LEGAL DESCRIPTION : SET z 0 t; ::i a:: ti:; z 0 u 5/8"1RC LB 7715 .5' ,,....._ ~ '-' ,w ,..... _l{) (£) N h 0 z 1s.o• 1" ALUM. 0.40' N 0.36' E s 89.38'33" E 75.0' Pl E TAX PARCEL A.09 75' 1" ALUM. PIPE 190.0 CM A tract or parcel of land in the Northwest quarter of Florido, more porticulorly described os follows: 14, Township 24 South, Range 37 East, OCEAN GARDENS WAVE ONE From the Southwest comer of the SE 1/4 of the NW 1/4 of Section 14, Township 24 South, Range 37 East, go North on the west line of said SE 1/4 of the NW 1/4 a distance of 23.1' feet to a point, ond thence go West on the South line of lands of JEWELL PROPERTIES, INC. as described in Warranty Deed recorded in Deed Book 395, page 145, public records of Brevard county, Florida, to the point where sold South line of Jewell Properties, Inc. intersects the westerly line of the right of way of State Rood A1A, os presently located and thence continue West on said South line of lands fo Jewell Properties, Inc. a distance of 265 feet to the point of beginning, for a first course of the land described hereby, continue West on the South line of said land of Jewell Properties, a distance of 75 feet to a point; thence for o second course, run a line north and parallel to the West line of said land described in Deed Book 395, page 145, a distance of 128.50 feet to a point; thence, for a third course, run a line east and parallel to the south line of said land described in Deed book 395, page 145, and 128.50 feet distant north therefrom o distance of 75 feet to a point north of and opposite the point of beginning; thence, for o fourth course, run o line south and parallel to the course second given and 75 feet distant east therefrom a distance of 128.50 feet to the oint of be lnnin of the land described hereb . ~DaRn by: RIEHL Checked by: 1-~-~~e-: ---< EL I ABLE ) 1-=0==1~1 s~1~6--1 SURVEY ING & FB PG 1696 FENWAY CIRCLE •-=-0-'/'-3...,..o_---1 ROCKLEDGE, FL 32955 f~~~g~ # (321) 543-2511 (321)690-0863 (FAX) INC. MAPPING DATE REVISIONS BOUNDARY Certified to: SUZANNE M. TURNER & GERRY BEECHER SURVEY I hereby certify that the survey shown hereon is true . .and correct based on actual measurements token in the field. This survey meets Standards of Practice as set forth by the Florida Boord of Professional Land Surveyors in Chapter 2014-14 7, 'Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.