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Home My WebLink AboutBOA Agenda Pkt. 6-6-2010 (due to technical error, this packet may be incomplete as of 2/21/17) E ,4 City of Cape Canaveral r Community Development Department K� m, CITY OF BOARD OF ADJUSTMENT MEETING CAPE CANAVERAL AGENDA 201 POLK AVENUE JUNE 3, 2010 7:00 P.M. CALL TO ORDER: ROLL CALL: NEW BUSINESS: 1. Motion Re: Approval of Meeting Minutes —April 1, 2010. 2. Motion Re: Special Exception Request No. 10-01 to Allow a Child Care Facility in the R-2 Zoning District at Palms East Apartments, 211 Caroline Street, Section 14, Township 24 South, Range 37 East, Parcel 502.0—Jeffrey W. Wells, Petitioner for Palms East LLC, Property Owner. OPEN DISCUSSION: ADJOURN: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate in Board discussions held at this public meeting. 7510 N.Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building& Code Enforcement: (321) 868-1222 • Planning&Development (321) 868-1206 • Fax &Inspection: (321) 868-1247 wwwciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Board of Adjustment Meeting Minutes April 1, 2010 A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 1, 2010 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 Chairperson Paula Collins Vice Chairperson George Sweetman Dennis Jenkins Linda Brown Douglas Raymond Alternate OTHERS PRESENT: Susan Chapman Secretary Kate Latorre Assistant City Attorney Lamar Russell Planning & Zoning Chairperson Robert Hoog Mayor Pro Tem Barry Brown Planning & Development Director All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion: Approval of Meeting Minutes — December 7 2009. Motion by Dennis Jenkins, seconded by Linda Brown, to approve the meeting minutes of December 7, 2009. Vote on the motion carried unanimously. 2. Interview and Recommendation to City Council Re: Prospective Board Member—Arvo Eilau. The Board members asked Mr. Eilau a variety of questions. Mr. Eilau advised that he enjoyed being involved in our community, has a professional background in zoning, and would be an asset to the Board. Motion by John Bond, seconded by Dennis Jenkins to recommend that the City Council appoint Arvo Eilau to the Board. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes April 1, 2010 Page 2 3. Motion Re: Special Exception Request No. 09-04 to Serve Alcoholic Beverages in the C-1 Zoning District, (6615 N. Atlantic Avenue Unit C) — Section 23, Township 24 South, Range 37 East Parcel 511.0 — Brigitte Krause, Petitioner for Supra Color Enterprises, Inc. Property Owner. The Chairperson read the agenda item for the record. Barry Brown, Planning & Development Director, advised that this was a request for a special exception to serve alcohol at Izzy's Bistro Restaurant, located at the corner of A1A and Cape Shores Drive. He described the zoning classifications and uses of the surrounding properties; gave a history of the previous restaurants at that location; explained the parking and sewer impact fee requirements; and highlighted the recommended conditions from the Planning & Zoning Board for approval of the special exception. He noted that the conditions placed by the Planning & Zoning Board were satisfied; and therefore, staff recommended approval of the request. Linda Brown asked how feasible it was for customers to park across the street and cross over Al to eat at the restaurant. She asked if the applicant was thinking of valet parking. Barry Brown explained that the other tenants in that building were daytime users. He believed that the restaurant will have ample parking on the site to meet the actual demand; the off-site parking spaces were merely to meet city code requirement. He advised that if parking across the street became a problem, the city would consider requiring the parking to be on the same side of the road as the restaurant. He noted that John Porter owns property just to the south of this property and was willing to make parking available to Izzy's, but could not assure the availability, because the property was in foreclosure. Brigitte Krause, Petitioner, advised that she was the owner of Izzy's Bistro, and has also owned Gregory's Restaurant in Cocoa Beach since 1994, and has a full liquor license. She spoke to the Board regarding requirements for seating and parking. She advised that the restaurant's busiest time was after 7:00 p.m.; she was going to obtain a State SRX liquor license, which is restaurant specific. She confirmed that if the special exception was granted that there were not enough parking spaces on premise to support it, so she needed to find parking off site. Discussion was held regarding parking space availability when the other tenants businesses are closed. Barry Brown clarified that her establishment alone requires 50 parking spaces. Brief discussion was held regarding sewer impact fees. Barry Brown advised that the sewer impact fees were a code enforcement issue. Kate Latorre, Assistant City Attorney, explained that even though sewer impact fees are due and owed, they do not factor into the Board's consideration for the special exception. Board of Adjustment Meeting Minutes April 1, 2010 Page 3 Kate Latorre, Assistant City Attorney, advised that the offsite parking agreements were not required to be recorded. Barry Brown verified that offsite parking was located within 500 ft. of the restaurant and met Izzy's parking requirements to obtain the special exception. Motion by Dennis Jenkins, seconded by Linda Brown to grant Special Exception Request No. 09-04, as requested, with no noted special conditions. Vote on the motion carried unanimously. 4. Election of Chairperson and Vice Chairperson. Chairperson Bond opened the floor for nominations for Chairperson. Linda Brown nominated John Bond to retain his position as Chairperson. Dennis Jenkins seconded the nomination. John Bond accepted the nomination. There being no other nominations for Chairperson, John Bond opened the floor for nominations for Vice Chairperson. Paula Collins announced that she would like someone else to be Vice Chairperson. John Bond nominated Dennis Jenkins. George Sweetman seconded the nomination. Dennis Jenkins accepted the nomination. There being no other nominations for Vice Chairperson, John Bond closed the floor for nominations. Motion by Linda Brown, seconded by Dennis Jenkins to retain John Bond as Chairperson. Vote on the motion carried unanimously. Motion by John Bond, seconded by George Sweetman to elect Dennis Jenkins as Vice Chairperson. Vote on the motion carried unanimously. OPEN DISCUSSION There was no open discussion. Motion by Linda Brown, seconded by George Sweetman to adjourn the meeting at 7:45 p.m. By consensus, motion carried unanimously. Approved on this day of , 2010. John Bond, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Board of Adjustment June 1, 2010 STAFF REPORT Request: For a Special Exception to allow for a child care facility in the R-2 zoning district. Applicant: Jeff W. Wells, Palms East LLC Owner of property: Jeff W. Wells, Palms East LLC Subject property: Palms East Apartments, 211 Caroline Street Future Land Use and Zoning designation: R-2, Medium Density Residential District Surrounding zoning: North — R-2, Residential East— R-2, Residential South — R-2, Residential West— C-1, Commercial Surrounding uses: North —Apartments East— Residential and Capeview Elementary South — Residential West— Commercial center History and Description: The owners of Palms East apartments desire to start a child day care facility in the apartment complex. They intend to primarily serve the working parents who are tenants in their complex. They envision accommodating 25 to 40 children and house the day care in vacant space adjacent to the rental office. The P&Z Board considered this issue at its February and March meetings and recommended that child care be added to R-2 as a special exception use with specific criteria to evaluate the appropriateness of child care at a specific location. On April 20, 2010, the City Council adopted Ordinance No. 05-2010 which added child care to the list of special exception uses in Section 110-294 along with evaluation criteria. Subsequently, Jeff Wells of Palms East Apartments has submitted a request for a special exception to allow for a child care facility at the Palms East Apartment complex. 1 Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes. 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. Impact to surrounding properties 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes. This is a low intensity use that supports needs of surrounding area which includes multifamily and single family housing, commercial, and an elementary school. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. The child care will primarily serve residents of Palms East and Oceanside Village apartments. Many patrons will walk to the facility. 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, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? This use will not create adverse impacts to surrounding properties. There maybe noise issues internal to the Palms East complex, but this is a matter between Mr. Wells and his tenants. 5. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? Yes, there is adequate screening and buffering and off-street parking. 6. 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. Pick-up and drop-off will be handled on-site and out of the public right-of-way. 2 7. 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.. 8. What are the hours of operation and how will they impact surrounding properties? 7:00am to 8:00pm Monday through Friday and 8:00am to fpm on Saturday. This will not impact surrounding properties. Traffic and Parking 9. Are there adequate off-street parking and loading areas? Yes.. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. 11. What type and how much traffic will the SE generate? Parents picking up and dropping off children. Many patrons will live in the apartment complex and walk to the child care facility. . 12. Are there adequate loading and unloading areas? Yes. Public Services 13. Are there adequate utilities available? Location and capacity. Yes. 14. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. 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? No. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. 18. 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. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. 3 20. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board This is an appropriate use at this location. The child care meets a need in that area, it is a return to mixed use that once characterized this project, and it furthers our vision of having a community with services that are accessible by walking and biking. Staff recommends approval of the requested special exception. Planning and Zoning Board Recommendation P&Z heard the request on May 12, 2010 and unanimously recommended approval of the requested special exception.. See minutes included in packet. 4 City ofCapeCanaveral + L Building Department (Please Pant Legibly or Type) � q;�.ti7L A10 , �®"d l DATE FILED I FEE PAID 3, .� DEPOSTT#tP" :'.� RECV'D BY: __A& ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) Address of request (if applicable)0711 l Q w1 rv- f 329 ZD Legal Description: Lot_, 3locl_ .Parcel_ __ Subdv f Section ection Township_ t Range STATEMENT OF FACT: State of Florida, County of Brevard; I being duly sworn, depose and say that. I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owners) Name(s): -Pa I M'5 &5't LL, , Address: 42_11 ak-0110 e of . Home Phone Work PhoneE-Mail jiteCls q349 2_002,6? YQhao.0-&W Applicant(s) Names(s): &A/M_Q Address: Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. _ . . gnJ PA&nz �,cca re of Applicant ' �' C, w �n to d subs ib d be me on this < day of200 , _. otary Pu li , State of Florida Zt eod,VA The completed request form and the $250 filing fee must be filed as follows: Requests for , Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a o '" minimum of thirty (30) days prior to the next regularly scheduled PIanning & Zoning Board G° Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning 8r Zoning Board meeting. The Board of Adjustment meeting will be set after the request is.heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) I Q'. L.--; t.f 2 City of Cape Canaveral APPLICATION FOR SPcCIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4f Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE. FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. ' If you have any questions, please contact the Building Department at (321) 868-1222. DATE: a;f 1. NAME OF APPLICANTS) e7- S r a ►YtSA —L�--� ADDRESS (if assigned) C>21 i 0a2® IlCmgq F13a9 PHONE.# 5-21- 793 '7777 FAX # 3,�I-744-,Zq E-MAIL J�ells g34gZ-00ze ° 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF S� J BH rupEC,T PROPERTY IN ACRES: I/HSECTION: I Lt TOWNSHIP 0�4S!- RANGE 3 7 DESCRIPTION: c2 N 3'7l�0 50a all Caa0l iAg elf Pte- of se Vy 3. ORDINA VE SECTION UN ER WHH4PECIAL$EX CEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergencv access in case of fire or medical emergency. 4 ORDINANCE NO. 05-2010 { AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING A DEFINITION OF "CHILD CARE FACILITY;" PROVIDING THAT CHILD CARE FACILITIES MAY BE PERMITTED BY SPECIAL EXCEPTION IN THE R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;and WHEREAS,the R-2 Medium Density Residential District currently includes as permitted uses residential dwellings and public schools;and WHEREAS, the City Council believes that permitting child care centers as a special exception use in the R-2 District subject to certain conditions is consistent with and will compliment the existing R-2 District uses; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health,safety,and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,Florida,as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110,Zoning, of the Code of Ordinances, City of Cape Canaveral,Florida,is hereby amended as follows(underlined type indicates additions and strikeat:t type indicates deletions,while asterisks (* * *)indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING .. City of Cape Canaveral Ordinance No.05-2010 Page 1 of 4 ARTICLE I.IN GENERAL Sec. 110-1.Definitions. The following words,terms and phrases,when used int his chapter,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: .Child care facility means any child care center or child care arrangement as defined by section 402.302,Florida Statutes as may be amended K X X ARTICLE VII.DISTRICTS DIVISION 3.R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT y Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: 7}[ )C X U Child care facilities licensed and operated consistent with Florida law,subject to the following conditions: The child care facility must be located in a multi-family complex and any such complex shall not be an age-restricted community 01 There shall be an adequate drop-off and pick-up area onsite located outside of the public right-of-way- La One (l) parking space per employee plus one (I) parking space for every eight(8) children shall be required with a minimum of five (5)total space lU) Adequate visual screening and noise buffers from adjacent areas shall be provided. - City of Cape Canaveral Ordinance No.05-2010 Page 2 of 4 Each application for a special exception under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building drop off and pick-up areatiarkinglay area and adjacent buildings. ffj Adequate lighting in the pick-up and drop-off area shall be provided. For purposes of this subsection,the term"child care facility"shall not include a"family day care home,"as defined by Florida law. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions in conflict herewith,are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph,number or letter,and.any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like errors may be corrected and additions,alterations,and omissions,not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause,phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision,and such holding shall not affect the t" validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral,Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2 day of April,2010. ROCKY RANDELS,Mayor ST: For Against Bob Hoag X ` Buzz Petsos Motion MIA •tOFORTH,Acti g'.1a .Clerk Rocky Randels X +�! ;, • ,,, C.Shannon Roberts .Second t t i Betty Walsh X' 1st Legal Ad pu`tilished:; Approved as to legal form and sufficiency for theC' pe Canaveral only: HONY . GARGANESE, City Attorney City of Cape Canaveral Ordinance No.05-2010 Page 4 of 4 RADIUS MAP CAPE CANAVERAL, CITY OF palmseastapts500 i 1C 1 i ti �,_.--- 183 -HAND 49 17 —-------—`-- — 3674 0 10 3 g 254 225 77 206 62 - ��Fl i 16 171 r t rt ,r 152 j 2512 91V 1312U=131 3 - - _ 9I 1 g4 I 144 1 1 DD j 98 13 923 56 80 9 0 3 8 1 3 ( 4 2LN1 15 3 i 2 61 1 6 115 2 8 204 ; 107 6 i 172 6317 215 9 11 4 3 Af' 2 161 2 ;M3 3 2D1 130 1 207 2 9 47011FT 24 104 i 53 2 159 101 1235 % Ll -- -- o i 7 J vIONRh MAP SCALE IS: 1:4,800 OR 1 inch equals 400 feet Legend e�`�VA4a BUFFER DISTANCE: 500 feet /Q�jo 3 Notification buffer .r S r C 121 This map was compiled from recorded documents and does not reflect Parcel/lot boundaries �y an actual survey.The Brevard County Board of Commissioners does 3fls!; I" not assume responsibility for errors or omissions contained hereon. Notified Properties LOR113P Produced by:Brevard County Planning&Zoning Office-GIs 4/27/2010 HE Subject Properties I i i -- I - .. r-- d x� }i I ,ZZFZ , a µµ I AM715 Z r, I s. ZZFZ P_ Y �. I F ^�I �, m f m. -. CHILD v m TINY MiY .IbVJ$1 �� 14 CARS. E — ------------�_.�_ # Y; ROLINE ST. P o