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HomeMy WebLinkAboutcocc_boa_agendapkt_20060313 • M 54NCE di S r i ;� Fl r 47 *� City of Cape Ca averal V ,,ty .4:5zzor_--, _ 46,N- v ,,,,,,, BOARD OF ADJUSTMENT MEETING '^ .,,� AGENDA ,,, 111 POLK AVENUE MARCH 13, 2006 7::,6„, ,, 7:30 P.M. Ca11 to Order ��Roll Call ���/ , ,,, NEW BUSINESS. ���� ( �� � 6 1. Motion to Approve the Meeting Minutes of February 13, 2006. Oi < '''A 2.\ Special Exception Request No. 05-15 to Allow Residential Use in the G,.;i 1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section ' X14, Township 24 South, Range 37 East - John Johanson, for Triple J .P9° Investments, LLC, Petitioners. OPEN DISCUSSION: �� ii.. :( 0 (1) \Co ,k4\ 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. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www myflorida.com/cape • email:ccapecanaveral@cfl.rr.com City of Cape Canaveral Board of Adjustment Meeting Minutes February 13, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 13, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. Susan Chapman, Board Secretary called the roll. MEMBERS PRESENT: Earl McMillin Chairperson Constance McKone Vice Chairperson Paula Collins Catherine Barnes MEMBERS ABSENT Robert Laws OTHERS PRESENT: Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Bea McNeely Ex-Officio Member Lamar Russell P & Z Vice Chairperson All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of January 23, 2006. Motion by Catherine Barnes, seconded by Constance McKone, to approve the meeting minutes of January 23, 2006. Vote on the motion carried unanimously. 2. Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. Earl McMillin, Chairperson, advised that he and Catherine Barnes both attended the last Planning & Zoning Board meeting to hear the discussion regarding the City rezoning the property to R-1. He verified that none of the Board members attended the meeting when the Planning & Zoning Board made its recommendation regarding this request. John Johanson, Petitioner, testified that he was requesting a special exception to construct three single family residential homes; six units are allowed by City code; only 23% lot coverage is proposed; there will be lots of open space, trees, and landscaping; there have been other special exceptions granted for R-2 use adjacent to R-1; he believed that residential is compatible; his attorney believes that the request is correct; he understands the community's concern, but it is not his intention to negatively impact the neighborhood. He verified that there is a single family home to the east and south, Villages of Seaport to the north, a vacant lot to the west, and the corner lot to the south has a granted special exception for R-2 use. He stated that he is not part of the Sea Shell Cay project. Board of Adjustment Meeting Minutes February 13, 2006 Page 2 Connie McKone, Vice Chairperson, advised that it was her understanding that the property is zoned commercial with an expired Special Exception for residential use. Todd Peetz advised that it was for R-2 use, granted in 2002. The property was subsequently divided into three single family residential lots. He clarified that after 12 months, a special exception expires unless a certificate of occupancy has been issued, however, a one-time extension of time may be granted. He explained that any conditions placed on a special exception remain in effect regardless of who the property owner may be. Todd Peetz, City Planner, advised that the Petitioner has provided elevations. He noted that townhomes are required to have three parking spaces per unit. The City has some concern that if someone parks on the main driveway enterance, then access will be blocked to all the units. Judith Lau, 211 Coral Drive, advised that she has lived there since 1994; she is concerned that there is a proposed multi-family at the corner because they were told that the City would get in trouble if the special exception request was not granted; in the year 2000, there were three single family lots; lot 2 was purchased and a single family residence built, lot 3 is this request for R-2 use which is between two single family residences; this is the only single family residential neighborhood in the City; there are only three vacant lots remaining in Harbor Heights, which have been vacant since the 1960s; it is a low density, single family residential neighborhood; to build a four-story office building with 40 parking spaces on this property is also not compatible with the neighborhood; Harbor Heights is the only public access for the residents to get to the beach because it is the only subdivision that is not gated. Ms. Lau noted that there was a sales flyer, dated 1999, from Trafford Realty, selling the property as single family lots. Hans Saurenmann, 349 Coral Drive, reiterated the points made by Ms. Lau. He entered into the record a drawing, dated 1989, showing the lots replatted as three single family lots; a sales flyer, dated 1999, from Trafford Realty, listing the units for sale as single family lots; and a plan of a proposed commercial building provided by the Petitioner (Exhibits A, B & C). Mr. Saurenmann pointed-out that the drawing of the commercial building did not show the 25 ft. setback requirements. Todd Peetz, City Planner, advised that the Petitioner met with City staff last week for a pre-application site plan meeting to review the plans of the proposed commercial project. Mr. Saurenmann advised that he owns commercial property behind his house next to Ocean Woods, if he uses his 20 ft. he can build townhomes. Marie Savickas, 232 Coral Drive, advised that the neighbors look out for each other in this single family residential neighborhood; the two-story townhouses will look down into two one-story single family homes; and this request takes away from the integrity of the neighborhood. Board of Adjustment Meeting Minutes February 13, 2006 Page 3 Donald Foley, 224 Coral Drive, commented that if the Petitioner wants to minimize the effect then he should build a single family; he agreed that multi-family is better than commercial. He advised that this is the City's opportunity to right a wrong and questioned how the community should ask the City to consider rezoning the lot. Earl McMillin, Chairperson, responded that the residents should make their request to the City Council. Karen Johnson, 346 Coral Drive, commented that it is her understanding that the City owned the property many years ago, and questioned why the City couldn't buy it back. She suggested that the property be used for a park or nature preserve. She advised that there are so many vacant commercial buildings already existing between Cape Canaveral and Cocoa Beach that she didn't understand why someone would want to build another one. She further suggested that with all the recent growth, the City should take a look at what's going on in the City. Keith McCoy, 204 Coral Drive, advised that he lives next door to this property; he would not be opposed to a single family residence being built there, but a 2-story townhouse would be looking into his bathroom. He voiced his concerns regarding stormwater runoff and drainage. He verified that he has lived at this address for four years. James Greever, 358 Coral Drive, advised that every owner in the neighborhood wants a single family residence built on this property; if the City is concerned about this the City needs to change the zoning to R-1. Earl McMillin, Chairperson, explained that the previous owner had a granted special exception to build single family residential and the special exception expired. Todd Peetz, City Planner, explained that the zoning has not changed, the use has changed. Earl McMillin advised that rezonings go through the Planning & Zoning Board with recommendation to the City Council. Joseph Ross, citizen, advised that he had lived in Harbor Heights since 1961, but does not currently reside there. He voiced his opinion that the request is not compatible with the neighboring properties. Lamar Russell, 376 Harbor Drive, advised that he lives in Harbor Heights and has been a member of the Planning & Zoning Board for 22 years. He advised that a long time ago, the property was rezoned commercial by the property owner. He advised that the Planning & Zoning Board recommended that City Council include N. Atlantic Avenue in the current moratorium. The request was not granted because members of the Council have development interests in the area. At last Wednesday night's Planning & Zoning Board meeting, the Board elected to wait until the Board of Adjustment makes a decision on this request. He explained that as a Board member, he can ask for an agenda item for rezoning. He believed that the City should fix this because the community will be better served if the property was zoned R-1. He noted that the constitution allows for a 4 municipality to take property, but the owner needs to be compensated. Board of Adjustment Meeting Minutes February 13, 2006 Page 4 Catherine Barnes asked what the Board's options were. Earl McMillin advised that the Board could grant the request; grant the request with limitations; postpone for further consideration; or deny the request. He pointed-out that the Planning & Zoning Board had unanimously found this request to be incompatible. Lamar Russell, Vice Chairperson of the Planning & Zoning Board, explained that the Board considers factors such as noise, traffic, and compatibility among other things. He voiced his opinion that commercial is not compatible, multi-family is not compatible, a single-family residence is compatible. The audience applauded. John Johanson, Petitioner, commented that Lamar Russell was the only member of the Planning & Zoning Board that did not want residential in the commercial zone along N. Atlantic Avenue; the Building department is very tough on enforcing stormwater retention and drainage requirements; it is not his intent to threaten any one, and he does not want to negatively impact the City; he offered the property to any one who wanted to buy it; by City code definition, a townhouse is a single family attached, not multi-family; he has already made an offer to sell the property to the City, he met with the City Manager last Friday, and will submit a written offer to the City, and will give the City 20 days to reply. He noted that one single family residence is not feasible because he already has over $300,000 dollars invested in the property. Hans Saurenmann, citizen, agreed that the City should consider purchasing the property. Keith McCoy, property owner next door, verified that the Petitioner had offered the property to him for whatever they already had invested in the property, but was not interested in purchasing it. Bennett Boucher, City Manager, advised that an offer was made by the property owner of Sea Shell Cay to sell that property to the City. He advised that the City is concerned regarding the removal of two specimen trees on that property. City Council will discuss the issue at next Tuesday night's Council meeting. He confirmed that Mr. Johanson met with him last week to discuss the possibility of the City purchasing the Sea Shell Cay North property. He noted that the City's Comprehensive Plan encourages the City to acquire property for a park on the Northeast quadrant of the City. Judith Lowe, citizen, commented that it appeared that the City has many options regarding this property: the City can buy it back, condemnation, taking, or rezoning. However, the options would not give the property owner the same level of profit. Motion by Earl McMillin, seconded by Paul Collins, to postpone the Special Exception request for 30 days to see what the City Council is going to do with the offer for the City to purchase the property. Discussion followed. Kate Latorre, Assistant City Attorney, reviewed the Board's various options. Catherine Barnes asked if there was any public display back when the original special exception was granted. Todd Peetz responded that the Special Exception was granted for three single family residences. He explained that the Special Exception included Lots 1-3, Harbor Heights West Subdivision. Lot 2 was the only lot built on where a single family residence now exists; and the Special Exception has since expired. Motion by Earl McMillin, seconded by Paul Collins to amend the main motion to postpone the Special Exception request until March 13, 2006, because the Board normally meets on Monday evenings; and to here additional evidence if any is forthcoming. Vote on the amendment to the motion carried unanimously. Vote on the main motion carried unanimously. Board of Adjustment Meeting Minutes February 13, 2006 Page 5 3. Special Exception Request No. 05-16 to Allow On-Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Patrick Looney, General Manager of the Residence Inn and representative for the Petitioner, testified that the target date for the hotel to open is March 9th; the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and horsd'oeuvres from 5:30-7:30 p.m., Monday-Thursday; the bar is a convenience for mainly guests, however will be open to the public. Discussion followed regarding the other hotel within the City that has the same type of use. Todd Peetz, City Planner, read a letter into the record from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Todd Peetz confirmed that the request met all distance requirements. Motion by Connie McKone, seconded by Catherine Barnes, to grant Special Exception Request No. 05-16. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 9:25 p.m. Approved this day of , 2006. Earl McMillin, Chairperson Susan L. Chapman, Secretary I I Meeting Type: Board of Adjustment Meeting Date: 3/13/06 AGENDA Heading Special Exception 05-15 Item #2 No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception request 05-15 to allow Residential use in a Commercial district. DEPT./DIVISION: Building Department Requested Action: Consider Planning and Zoning Board's recommendation for denial and approve/deny residential use in a commercial district. Summary Explanation&Background: The applicant is Triple J Investments, LLC, they have requested a special exception for residential use in a commercial district. This property had a special exception for residential previously. This request would be to re-establish the special exception for residential. The project is located on Sea Shell drive between two single-family residential units. At the meeting on 2/13/06,the Board of Adjustment tabled the item until 3/13/06 to allow the applicant to work with the City with the intention to purchase the property. At the time of this agenda item being prepared the property was still being appraised and a decision has not been made by the City Council. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception. City Planner's Office Department: Building Department l City of Cape Canaveral 5 (-cam, Exc e vbc)n Building Department (Please Print Legibly or Type) TU-Q-S+ D 5"15 DATE FILED 12-5-05 FEE PAID 60,D( DEPOSIT$31685123 RECV'D BY: JI\l/ ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exc ption is for what purpose (Brief Description) C �;5.,Z.�c , c Of 1c ui kk i- c iPtC-''7 Address of request (if applicable) Legal Description: Lot '5 Block Parcel SubdvN r ° (a,)eck Section 14- Township 14 Range ?7 STATEMEIVT OF FACT: State of Florida, County of Brevard; I o At„.‘ ..\o 4.10�n�being duly sworn, depose and say that: r, I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): TRS?iz 1%.._2 J _1c44Ft.Vl7 U-C— Address: ? ). ?-,,,,,c SO t —41i$ Cni\fUlkif 01 IV L. --s'L.c1W Home Phone 77 3 _Lgz(Worm PhoneI>-7�4'Z-E-Mail --- Applicant(s) Names(s): e Address: 77. a.( - Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest true to best of my knowledge and belief. Signatu of Applicant S- orn to and subscrib_• .- . e me on this di s i-day of DPcfr inb C 20 O TARY PUBLIC 1'‘`I'E DF nRiDA ___--- Cha man c___ — � �� •y. Commission#DD 84306 Expires: MAR. 23, 2009 Notary Pu. c, a e o Florida Bonded Thru Atlantic Bonding Co.,Inc. II The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning &Zoning Board. (A deposit may be required per Section 110-92) J a....), City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 5. D c-c. C. 1. NAME OF APPLICANT(S) 1r2--1 PLC- 1 LAA; i 4 ; ( i. C.-- ADDRESS (if assigned) P g d`i Sem. 51 e I( t- e PHONE # 714s—047_ 1 FAX # E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: 1--I kiZ. t'lG it 11-3 %ziES' PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: 0. 4 SECTION: I TOWNSHIP • `RANGE P7 DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 5ee4+6" 1/D-3 3 1/ (c) b) 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.) (1- 6. PROVIDE THIR LEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 3 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. J � (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. .P—er;,, u4 c (g) Required setbacks and other open space. R-"I c s— Q (h) Height. 2 A (i) Landscaping. slice, (j) Renewal and/or termination dates relating to a lease, if applicable. '1J/pc (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): • Q tJ (-i r. Division of Corporations Page 1 of 2 x ppg Frt .: . 'X 4i` ' �rn j �4 �" c., ���- � ., i Florida Limited Liability TRIPPLE J INVESTMENTS, LLC PRINCIPAL ADDRESS 310 ADAMS AVE CAPE CANAVERAL FL 32920 US MAILING ADDRESS P.O. BOX 301 CAPE CANAVERAL FL 32920 US Document Number FEI Number Date Filed L05000083043 NONE 08/23/2005 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date AMENDMENT AND NAME 09/26/2005 NONE CHANGE Total Contribution 0.00 Registered Agent Name& Address JOHANSON,JOHN I 310 ADAMS AVE CAPE CANAVERAL FL 32920 Mana er/Member Detail Name & Address Title MORGAN,JAMES E SR 413 LINCOLN AVE MGRM CAPE CANAVERAL FL 32920 US MORGAN,JAMES E JR MGRM 441 TREASURE LAGOON LANE http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&nl=L05000083 043&n2=NAMFW... 10/4/2005 Division of Corporations Page 2 of 2 MERRITT ISLAND FL 32953 US II I JOHANSON,JOHN I 310 ADAMS AVE CAPE CANAVERAL FL 32920 US MGRM Annual Reports Report Year Filed Date Previous Filing Return to List Next Filing _View Events View Name History Document Images Listed below are the images available for this filing. 08/23/2005--Florida Limited Liability_ 1 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Corporations inquiry y Corporations Help 11++,.•//un:rcv eimhiv ewer/erri,14e%err iat P.7a9o1_T1l?T1:TT ,47,11—T 11611 1MQ' 1141Rr 11 XTA1\ifPATJ 111/4/')en6 • gill 11117111 PREPARED H2 AND RETURN TO: CFN 2005409430 11-tfi-200512:48 pm • RENEE CHISHOLM OR Book/Page: 5565 / 5942 TOWN Si COONTRY TITLE, INC. - _ __ i 1227 S. Patrick Dr., Suite 105 Scott Ellis Satellite Beach, FL 32937 Clerk Of Courts,Brevard County File No. 10857 • >fpgs:1 *Names:2 TAX PARCEL 24 37 14 30 OD 3 That 1.00 Her 9.00 Serv:0,00 .••-•-•,- 1.890.00 Excise:0.00 ,dg: MOO int Tax 0.00 WARRANTY DEED • THIS INDENTURE,made the 4th day of October, 2005,between RCI B13IIDLNG AND DEVELOPMENT ENC., a Florida corporation /'Grantor"/,and TRIPPLE J INVESTMENTS, LLC, a Florida List' T.iahi1ity Company (Taxpayer 1,0.Numbers: I, whose mailing address is 310 Adams Avenue, Cape Canaveral„ FL 32920 ("Grantee'). lwlmr*ver woad herein On porn'ar.flee, and•enema•hl ude ail tho woks to the instrument ab inti halm,legal wamaamadsea and nape:of ItuaWues,and the wmssars trio sats.o1 raraoratleroj WITNESSETH: That said Grantor,for and in consideration of the sum of TEN OOUARS (510.00), and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases,conveys and confirms unto the Grantee,all that certain land situate In Brevard. County.Florida,vat: Lot 3, HARBOR HEIGHTS NEST, according to the Plat thereof, as recorded in Plat Book 48, Page 31, PUblic Records of Brevard County, Florida. SUBJECT TO fortes for 2905 and subsequent years. SUIL ECT TO zoning,resort oro,proA@mons.and other requrernenh Imposed by governmental auBiorty;reshiefbne and matte's appearing on flee pled or caha,wis*common to the sub- dtWfon;and publIc ulfsty easements of record-Elsie reference AD said restfcifons shad not operate to reimpose the same. TOGETHER with all the tenements,heredharnonta,and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLO the same In fee simple forever. AND the Grantor hereby covenant,with ask!Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey add hand;that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claim of all persons whomsoever; and that said land is free of all encumbraricas, IN WITNESS WHEREOF,the said Grantor has signed and seated these presents. ' 1 o f, �aaedeliveredd delivered in file RCS BUDDING AND DEVELOPMENT,INC. Wino= a Florida co Typed/Printed Nam of Whams: corporation ?SEANNA J.SORRELL WENDY SCANAELL, President TypetJPttatnt Home aftl,lxmhW,=Its*foray bandy circle. Harriet tit and, at 32ssz STATE OF FL (Oarsman Seal) COUNTY OF BRFVARD The foregoing Warranty Deed was acknowledged below me this 30th day of September, 2005,by WENDY SCANNELI.,so President I BILLOW(AND DEVELope feT INC., a Florida corporation, on behalf of staid corporation r. Wen pettooaiy known to me,or(]also 6rrfhrve produced driver license(,)as identification,or 0 who hen/hore productd et idcntrunnion. Renee mtaa CtuowTh it 9 \) trrotucy p ores: Mal'30,2007 Noma PubtPublicJ 41,,,,ts`C made Bode Co.,lett:. Coeusissien Number- My commission expires' Warranty Deed rage 2 This fax was sent with GFI FAXmaker fax server. For more information,visit:http://wwvv.gfi.com Di eV al ll I.UUllty riUpelty ttpplWSW—vlillile new Dswie riupeity l.aitl rage 1 01 G Jim Ford, C.F.A. �► "' = Property Property Appraiser 4. - ~� Brevard County, Fi � �L .lw Research AT Arpin#' • ' [Home][Meet JimFordi[Appraiser's Job][FAQ][General Info][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Forms][Appeals][Property Research]Nap Search][Maps&Data] [Unusable Property][Tax Authorities][Tax Facts][Economic Indicators][What's New][Links][Press Releases][Tax Estimator] General Parcel Information for 24-37-14-30-00000.0-0003.00 24-37-14-30-00000.0- Millage Parcel Id: 0003.00 \lap Code: 26G0 Exemption: Use Code: 101)0 * Site 8809 SEASHELL LA, CAPE CANAVERAL,FL 32920 Tax 2456497 Address: ccount: *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner RCI BUILDING ANDPlat Book/Page: HARBOR LOT Name: DEVELOPMENT INC 0048/0031 HEIGHTS WEST 3 Second View, (requires Adobe Acrobat Reader- Name: file size may be large) Mailing 2458 LONG SANDY Address: CIRCLE City, State, MERRITT ISLAND,FL Zipcode: 32952 Value Summary for 2005 Land Information ** Market Value: $119,000 'Acres: 0.41 Agricultural Assessment: $0 Site Code: Assessed Value: $119,000 Land Value: $119,000 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $119,000 **This is the value established for ad valorem purposes in accordance with s.193.011(1)and(8),Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales *** Sales Book/Page Date Amount Type Screening Screening Vacant/Improved Code Source 5395/8600 12/2004 $144,000 \\`D V 5245/2230 3/2004 $106,000 \A D V 4640/2136 7/2002 $59,000 \A D V f(l.t http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2456497&gen=T&... 12/07/2005 tirevara county Property Appraiser— Online mai Estate Property Card Page 2 of 2 •*S Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff.They have no bearing on the prior or potential marketability of the property. Extra Feature Information Pool Fireplace Fence Shed Dock Seawall (No INo INo INo INo No Proposed Taxes 2005 Rollback Taxes 2005 Taxing Authorities Taxes Billed Taxing Authorities Taxes Billed Ad Valorem Ad Valorem County $537.81 County $527.34 School $947.60 School $837.16 City/MSTU $379.37 City/MSTU $321.16 Water Management $54.98 Vater Management $48.84 SP District $4.58 SP District $3.94. Debt Payment $38.15 Debt Payment $38.15 Total Ad Valorem $1,962.49 Total Ad Valorem $1,776.59 Tax information is also available at the Brevard County Tax Collector's website (Select the back button to return to the Property Appraiser's web site) Data Last Updated:Tuesday,December 06,2005-Printed On:Wednesday,December 07,2005. New Search I Help • [Home][Meet JimFord][Appraiser'sJob][FAQ][general Info][Save Our Homes][Exemptions][Tangible Property] [Contact Us][Locations][Forms][Appeals_][Property Research][MapSearchj[Maps&Data] [Unusable Property][fax Authorities]Fax Facts][Economic Indicators][What's New][Links][Press Releases]Fax Estimator] Copyright© 1997 Brevard County Property Appraiser.All rights reserved. Disclaimer Applies to Results http://www.brevardpropertyapprai ser.com/asp/Show_parcel.asp?acct=2456497&gen=T&... 12/07/2005 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. 00— i-z.v pie 2) Will the Special Exception create any unusual police, fire or emergency services? 0 EU 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping,etc.? 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Lei 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? 1•lI 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? `;G-5 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? 0/P, 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? t3/1'• 9) Is there adequate refuse and service areas? )'1 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? t? 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? -i) 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? ti)Gf 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? v�� 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? 1'5 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? • L 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? 4 a no • in *2 m at to I 11 CON 346hla� to a �� a r to !( n 1 ._ y *2 iniff 11111, 1126/ ' O < MI atil Asiiiii, tea .slialli ,312 R2 Cott i" ro ClaIaIFIEJLLJQ a 11 121E11 '2 I[7o_ aI E2 ,,,,3I11151;187 Rs a I -II-1 !u� BANANAL a I) 312 II-11a ATLANTIC OCEAN 2.95 A mil 92 laI[7z BR% 1 -1nfD7 —I -11:11154:4 8F83 A�_ cz a ( a I as a a. IIit2ILU/ 7 a a u (�/aJ11<s �4 a 'bola 0/ " aQ 11_11_11 I PROPOSD 13 I 17=:'FUTUREELAND USE 1:11=E----7 CI COMMERCIAL C2 COMMERCIAL/MANUFACTURING a. USTRIAL RI RESIDENTIAL Ln J /Q7 P2 RESIDENTIAL - PUB PUBLIC REATION a a OQ CON CONSERVATION AREA Q d ARCHAELOGICAL SPIE s I I 4.t- - I fl I -. - -",-- 'i, = 0 C tigZ ci 11 Il ! l • • SCALE ,:.:*S:':.:..--. 4,-_-,p -_.' G 500 1000 CITY OF CAPE CANAVERAL 9 s F-4 LOCAL COMPREHENSIVE PLAN Ivey. Harris w ,Inc. FUTURE LAND USE MAP ......._...••••,11.•10....•••••.11111.• `.••.•• „• . Fiaure 7-3 oma. mm 01.05-10 0 41* . r -- S - rae 4_� / i ..„ 92 111:111111111=111Mr..-.— awey�daam u� .�" q ill I Mi ATLANTIC AT I r MAW" r a 9. . g r on B ' iiiiot.L:LD --.-- -.-....._____________ 4k, , 4 min ,./ ;y � n ...ii \,I I 111 E' $ P1 4111 m �- z iAli _F FE3w l\^/ ., araC ) � �w+u �l 1� PRIX \\// ) m I Lai ra December 30, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): FILE Cijpy Special Exception Request #05-15 Notice is hereby given by the City of Cape Canaveral, that Triple J. Investments, LLC, P.O. Box 301, Cape Canaveral, FL 32920 has requested a Special Exception To Allow Residential Use in a Commercial Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(C)(10)for the property described as follows: Legal Description: Township 24S, Range 37E, Section 14, Lot 3 24-37-14-30-00000.0-0003.00, Harbor Heights West Subdivision (8809 Sea Shell Lane, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 25, 2006, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board 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.Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221),48 hours in advance of the meeting. Susan Stills, CMC City Clerk ii I y I u [4E.CHPot.'li LA • am IJi•`]3 ,J!?1JJ i,JJ�IJ1®113 A31 A CORA!,, i ' .- �:•.. I, 3] "-F4- 3 J! ]3 31 A33 AI! BCA.1/� A.1i ',11,4';': r Ir•AKi.A -1 _._'...1 i3 4a a IC:!i jii n Iz. 1A]3 ,] ..31 ....„....i4" q!:-:.f• I .a ,.y l2 412 3 1 .1.1 ELI?C, .1a]31 )I ,] 1 3 a 3 i i a `j `� A, i 1i31A ,1-I 6::.)1 j24317,-:14-7-00000:0-,0003.9,,,I / `J' —..11 i Print Window Close Windov AD#679319-2/3,2006 Notice of Public Hearing The Board of Adjustment, City of Cape Canaveral, Florida, will hold a Public Hearing • for the purpose of considering a Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Monday, February 13,2006 at 7:30 P.M. Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East -John Johanson,for Triple J Investments, LLC, Petitioners. Special Exception Request No. 05-16 to Allow On-Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L.Chapman Secretary to the Board of Adjustment AD#: 679319 Publication: Florida Today First Published: 02-03-2006 • • http://www.fl atoday.net/l egals/di spl ay.htm?CMD=DISPLAY&Id=20491 2/6/2006 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The applicant's request for a Special Exception to allow residential in a commercial (C-1)zoning district is consistent and compatible with the adjacent properties. There are currently Single Family Residential lots to the east, south and west of the subject property. Multifamily Residential currently exists to the north of the subject property but is part of a separate subdivision. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping,etc.? Should the Special Exception request be granted, the property owner is subject to Special Exception criteria listed in the Cape Canaveral Land Development Regulations. The subject property has the potential to meet these requirements. 4) Is there adequate ingress and egress,with particular reference to auto and pedestrian safety and convenience,traffic flow and control, and emergency access in case of fire or medical emergency? This application requests residential development in a Commercial (C-1) zoning district. Therefore a site plan review is not necessary at this time. However, the applicant has submitted a conceptual site plan which depicts a shared driveway accessing three residential townhomes. Review of future applications forgoing the development review process may reveal access and or parking problems for the subject site if submitted based on the current concept plan. 1� 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Off street parking is proposed in the conceptual site plan. The applicant proposes to provide attached townhome garages. The plan depicts townhomes which require three parking spaces per unit as required by Section 110-374. Off-street parking. The submitted plan does not appear to provide for three parking spaces for each unit. Review of future applications forgoing the development review process may reveal parking problems for the subject site if submitted based on the current concept plan. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are available to the subject site. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Applicant must meet the screening and buffering requirements of Chapter 102, City of Cape Canaveral Code of Ordinances. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? All lighting and traffic safety requirements must be meet according to City of Cape Canaveral Code of Ordinances. Residential use should not create a problem. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10)Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site must meet the setbacks, landscaping and open space requirements of the Cape Canaveral Land Development Code. 11)Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed residential use is consistent with the surrounding uses. The desire to develop townhomes between two single family units may create a fairly debatable 2 In compatibility question. There are proposed townhomes one lot away to the south, and condominiums to the north, but single family adjacent and to the east. 12)Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception'request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14)Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 l� BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal R-2 C-1 R-1 C-1 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES *ca, Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA STRUCTURES NA LAND USES NA NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) I COMMENTS: No additional comments //7Date Reviewed by Building Official o esignee: 1 J Signature: 4 CD\ City of Cape Canaveral Special Execption Sea Shell Cay North Applicant: Triple J Investments, LLC Location: Range: 37 Township: 24 Section: 14 Lot 3 Proposed Amendment Acreage: C-1 Commercial: 0.41 +/-Acres Permitted 15 DU per acre: 6 residential maximum whole site Commercial C-1 N/A Proposed Number of Units: 3 Proposed Density: 7.31 DU/AC Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant proposes to build three (3) townhome units on a 0.41 acre lot. The subject site is located on the northwest section of the Harbor Heights Drive. North South East West Zoning R2 Residential C-1 Commercial R-1 Residential C-1 Commercial Comp Plan R2 Residential C-1 Commercial R-1 Residential C-1 Commercial Existing Villages of Seaport Single Family Single Family Vacant Conditions Condos Residential Residential Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North Atlantic is operating at Level of Service "D" with 261 available peak hour trips from George King to Central Blvd. North Atlantic from Central Blvd to AlA has a level of Service is "D"with 277 excess trips. If developed as proposed, the site could generate 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. The amount the project as proposed could generate 600 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development could generate 7 to 8 new persons. MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: Special Exception Request No 05-15 Residential in Commercial Harbor Heights,Lot 3 The Public Works Department has reviewed the special exception request and does not have any comments or concerns. 2� MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 16, 2006 RE: Special Exception for Sea Shell Cay Residential in a Commercial (C-1)Zoning District I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. If you have any questions, please feel free to contact me at 407-629-8880. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., Serving the city of Cape Canaveral & Canaveral Port Authority Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Special Exception-Harbor Heights Residential in Commercial Zoned Area Date: 01/10/06 I have reviewed the application for the commercially zoned area to be changed to residential. We have no objections. This meets the fire departments requirements. ITPARTVIrr 131o J 2� Station#1 Station#2 190 Jackson Avenue • Cape Canaveral, Florida 32920 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: Special Exception Request No 05-15 Alcoholic Beverage Residence Inn The Public Works Department has reviewed the special exception request and does not have any comments or concerns. E){1 MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: Special Exception Request No 05-15 Residential in Commercial Harbor Heights, Lot 3 The Public Works Department has reviewed the special exception request and does not have any comments or concerns. rrom:3.[I-//V-u 1uu i o: ,Joan Page:2/4 Date: 11/30/2005 4:04:14 PM 111 MIR PREPARED HY AND RETURN TO: CFN 2005408430 11-16-2005 12:48 pm RENEE CHISHOLM OR Book/Page: 5565 / 5942 TOWN & COUNTRY TITLE, INC. _ _ 1227 S. Patrick Dr., Suite 105 Scott Ellis _ Satellite Beach, FL 32937 Clerk Of Courts,Brevard County Pile No. 10857 IPgs:1 AtNames;2 TAX PARCEL,ID N0. 24 37 19 30 00 3 Trust: 1.00 Rem 9.00 Sere:0.00 1,890.00 Excise:0.00 Mg: 0.00 int Tax;0.00 WARRANTY DEED THIS INDENTURE,made the 5th day of October, 2005,between RCI BUZLDIILG AND DLVELOPZ tt1' INC., a Florida corporation 1"Grantor"1,and TRIPPLE J INVESTMENTS, LLC, a Florida Limited t.;ahi7ity Company (Taxpayer 1,0.Numbers' 1. whose mailing address is 310 Adams Avenue, Cape Canaveral, E'L 32920 ("Grantee'J. (Whoever used herein erre terra'erawor'and"grantee"Faded,:all the surdas to this Instrument oat rho Min,bagel tepro.metNaa arra.anion or in5vtourh,and the s recessonr end east=al carparatlont.l WITNES$E714: That said Grantor,for and in consideration of the sum of TEN DOLLARS If10,001, and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases,conveys and confirms unto the Grantee,all that certain tend situate In Brervard County,Florida,viz: Lot 3, HARBOR HRIGHTS WEST, according to the Plat thereof, as recorded in Plat Hook 48, Page 31, Public Records of Brevard County, Florida. SUBJECT 70 taxes for 2005 and subsequent yams, S U&IEC7 70 zoning,restrictions,prohibitions.and other regtiremenh Imposed by go smmentat aufhody;reshfctiam and matters appearing on Baa plot or otherwise common to the sub- division;and public trbL7y easements of record Mks reference to said restrictions shalt not operate to reimpose the same. TOGETHER with all the tenements,hereditaments•end appurtenances thereto belonging or in anywise ar.pertaining. TO HAVE AND TO HOLD t e same in fee simple foravgr. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seined of sold land In foe simple;that The Grantor has good right and lawful authority to seg and convey said land;that the Grantor hereby fully warrants the title to said lend and will defend the same against the lawful claim of all persons whomsoever, and that said land Is free of all encumbrances. IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents. • (..-Srgi ted, and t�1md delivered in the• oft 16 RCI7TBDNC AND DEVELOPMENT,INC.Witness a Florida corporation TypdrhintedMars=efWfMesa p 411111 .ti.,-, IL 1 ' �1 Wimera �jOSEA7dNA J.SORRELL WENDY SCANhELL, President TypedRddtitnl NameafaY.a.er Addte=2480 Len9 solely Circle, Nercitt island, rt32952 (Corporate Seal) STATE OF FL COUNTY OF BREvaaD The foregoing WerruNy Deed war acknowledged before rue this 30th day of septerrber, 2005,by WENDY SCANNELL,III.Prasfdent 1 Pvrrantm AND DEVELOPMENT INC., a Florida corporation, ors behalf of said corporation islets personally Imawn to rte,or 0 who bon have produced driver licanse(s)as identification,or 0 who hat/lmve produced ar identification. Renee Chisholm ` CCommite*11017101161 9-A,L .- NoiAry . .¢spires: May 30.2007 Nomry Public �sfldid 7bR Typcd/P,is..NameofNa,,po 10, --'s e ASW71k Btledtt16 Co„lie. Commission Number- My commission eapiresr Warranty Geed Page 1 This fax was sent with GFI FAXmaker fax server. For more information, visit http://www.gfi.com C11-)t EOVE PN 2S- ooz D ♦ ____iB ILL Ma Cyoro - _LT j JAN 2 5 2006 Planning & Zoning City Clity ,.'i;ur_rci __r �Y. e.iy. r{ b.','' - Dir. '. d . i; .: <• .5:1. • • -P -_3iZ6- i 7 6.0A. N►ew�o.c,.s J We the undersigned are the affected residents of the single family subdivision known as Harbor Heights. We are opposed to the building of any multi-family units, up to and including, duplexes, townhomes and condominiums. It will not be compatible to the single family neighborhood, the last remaining single family neighborhood beachside. They will lower property values, overcrowd our already overcrowed streets and overload beach parking. In addition they would be destroying and removing the very few remaining beautiful trees left in Cape Canaveral. We would like to thank the elected officials and members of the board for addressing our very important concerns. ,c6ce,72 ,2 ) , ,p �I ,A7, / : ` 5646 1 e,, CA k„-- /L7- s 3 ‘ / Q-, /6 � /.,, . cam ,-QL,Ze 1,1, 0 - / "----j-L..- 1116' a& 41 IIN atintfrAllugraw e� . . ,,,1110 3 ga CC t_ ( . C .0 ,,,___ DC.-,__& T V i I 7 7 AS I e•- , . (a041 I it 9 ,/ C . 4,, i -.Afar/ i . 4,A,/ --- -ce6 6 .;e61-1 z- ,,42-, a/t i<-i. i, 2 Li C U y v--�--L I) it 4 . _ , . • . 0 CEI " - Planning. l.anrnn�and Zoning JAN 2 5 2006 We the under-signed affected residents of the single family subdivisk i km •. . - . ' l • Heights, are opposed to the building any multi-family units, up to and,igiohiclirT diinir ces Towi,_ . -houses and condominiums. They will not be compatible with our last remaining single family neicoaborhood beach side They will lower r,roperty values, overcrowd our already over crowded J•1 L•1 a..i•_•'=•y� T _ T-_ L' Yw.-♦ ) - 4 _ over crowded street `n overjoar� the bL,'fArh parking We would like to thank the elected city officials and members of the board for your attention and response to our very important concerns. WI dt .," ia7 As1/4 YD D6&Qdd/in , e, 6zy , '''----- gua_s--)6),41,,,___tZ_ \ „z, _ ...?.,,).c._, ;:ei.)? e,2,6.4.0,.\_ .,z,z6 e,-6.4,...,,i4_, e..(.- ge---„4---x_e ›d-ze...„.e.,e-,./ 4A:rF--e.„6„)-7 z_e 7.5-ArZ,..„c„-‘0,- ,A., C 'l / , ,. rte,14 , ` .. // / • i . S� / oL 5,L- e_ 79 ze ., / ,,,Z C� F/: l�.0 2 A l -� A r- e� /el q 6' e IV if , /4 / I ad2))_otz ea. 613- - 4€- -dfAl{)`-•A”( L 32- " ---#0 I3)---9 ac ,__,-, i . ''ci,409„,,d.si-\,/.b(P A RZ0E---1(z. ,Cbfeos\M\trs- .,,--.:.e....A11 ..:,M. ,...2et 0 i( -z ix, -,Pe 6),,,o/c/,-,z_ 71-/-." :509z ____,24, 14---, ,o. - 7 .A._. % ... .- IP 49'1e. -Y2-- --(7,4/7"1.4,4_;b,/ C/ e C'7911.14-14. - to9--Z C-1. 3 3-414 r e" ` a & 3 3 l /10 v 19vv- Oi,-. cale- L't4G1 t-r 3< 2.- / �(cAa ./ I?i 3�a t-I,AChac Dr Crr CAJAvc( 3)? Azi_26/,____,Cle_ ,_377 4rSor j)v-- Ccti, 64 // k 3,29c)-0 /,..c),..ijo__, Ai - , 37 / I-1 aL-r I 0,! a r- 610-e--- (le"A--.2-LI e_ci.-C1 ,----_ ,_. 6 .., , / , „..2_,,_„, ,_ .. ,.... .......„ ,....,,, ,„..., _ , ,, .., Gbi., 4 i-A ewe ...4 ‘44.K.'" IECIEOVED Planning & Zoning JAN 2 5 2006 We the undersigned are the affected residents of the single family subdivision known as Harbor Heights. We are opposed to the building of any multi-family units, up to and including, duplexes, townhomes and condominiums. It will not be compatible to the single family neighborhood, the last remaining single family neighborhood beachside. They will lower property values, overcrowd our already overcrowed streets and overload beach parking. In addition they would be destroying and removing the very few remaining beautiful trees left in Cape Canaveral. We would like to thank the elected officials and members of the board for addressing our very important concerns. :1 . %_�I - of wt..:I- ► _ ; - ' 4 � Q ,�� 32- elaAfi 5; it , , v -2_9Cr��,�/ fir. (ape C,�,�r� r.0 72 iv,,,,,/,- a... .--c-'57,....„--z „..2-7..... 5 ___,,,,„47/ ,6v . r_r- CKA4-4,-y,4( /CW-it, f „.7' iiiti' 7 ge,e).7- _„ /V 0/4te' a/w. ,lel St 146 c-. - `klite���{}�.y�/�\ �, V L 1A ' d Illi d.��. .4.6---=-_....1...... i7 - 1 r u 4��' - 7 (l'GiCQ�a�a/ - f _ ._ q f 1 / / .. ���--" �� � �� /AL.-- / 0 ii, p /Jai-iv 24. cce. .. , 1-j• yzi-bvL, , ); , . ; _J � �G� �� /3I 2s3 /7c, 44,- Pte. c_ c . dp,, i alliri % 7 Akmj-'2- ee- Ard e /vvvia*__) ltu , 47fr' (tlan.1)fit 12A. dL . 62076 3,54 e6-1.4,e 3 .yra-e) \A1 W 376 C'c(3-2- 6(9/- i t�/ / -.�/ O . r5 (0C /O - _ '73 3 jp<. JAN 2 5 2006 _ rt , , 3y6 C.Si ," biz_ 3(16-; COR/.0_ A 31S • ( -0.12nAk-elvt/t- -35a -kictiA06-- 64tUd011-ZA/-- , cj (Tyr) , 5-2 7/14-ez601 02, "Do,fc-a--Lc2/ FECIEDVE JAN 2 5 2 0 0 6 EP/ D ) ECEOVE JAN 3 0 2006 vi,30 _ ,_, —2 1 ,ISTcIBUTIO'N? C/.c, S o- i C_, major — ---I To: Bennett Boucher LL,y` 5`,` = , City Manager rC:r; 1 From: John Johanson, Tripple J Investments, LLCZ- T� P.O. Box 301 .60,..,-, c �`' / Cape Canaveral Fl. 32920 Mr. Boucher On January 25, 2006, I attended a Planning & Zoning meeting for Special Exception Request No. 05-15 to allow Residential use in the C-1 Zoning district. Prior to purchasing this property we did our due diligance on what the uses were and verified this with the Building Department. After comparing this property with all the other Comercial properties that had been granted a Special Exception for Residential use, we concluded that Residential was the best use for the property and would have less impact to the neighborhood than a comercial project. In the comparison to the other properties that were recently granted the Special Exception, this proposed project had the least impact to the property concerning lot coverage/density and to the impact of tree removal. This property is one of three lots that are Zoned C-1 , the other two lots have been granted a Special Exception for residential use, leaving this the only Comercial property. The Planning & Zoning motion for denial was "Idea not compatible to surrounding uses". Single family residential is compatible with single family residential regardless if it is zero lot line. In filing for the Special Exception for Residential use, we fell within all the written procedures and requirements that the city has. We truly believe that Comercial is more of an impact to the surrounding uses, but that is the direction we will go if that is our only economically viable option. Thank you,,a..,,i2_,,,,______ John Johanson For Tripple J Investments, LLC • 4,41s t o4 rt .f.ati: ! r rr4� /,, 7 • sl •? ?t . r*" 4 :k"S Y i�t l'r! i-y 1 '� / ,l 1 i �*4. tflro s y � i ! f / rtfa�� ; {dr F�> 11t177.3";r ,�f"I' PI ++' f „,„,/,„, a ` } ? 'NI; r „ �.. 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'- II.tik\ + C 3. `I � .-...•,,,.. . r '`";f J c. b 14 '1 ,..}.!__4'"1;„1..;•!:!.',.!ra1,* r "r' 17...-..., }T yt' -Id, �r�/ � ✓''- . . t le $- , h � .,5 ' ; ms - G ^ ' t ^a�1r ` , ..-,:„F_: r r I,-• -'I "- *_k .t •r s,... tsr .i. '.tj- a'-1; t �1„` It : ` N : Planning & Zoning Board Meeting Minutes January 25, 2006 Page 2 Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the site plan for Villa Campania. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment - Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. Todd Peetz, City Planner, advised that the property is zoned commercial with an expired special exception for residential use. The petitioners were asking for a special exception for residential use to construct three units. Discussion was held regarding the previous granted special exception. He advised that the property is surrounded by multi-family residential to the north, single family to the east, a single family to the south, and commercial to the west. He verified that he completed the special exception worksheet. He advised that stormwater and drainage would be reviewed during the construction plan review. He noted that there was one shared driveway access proposed for the three units, which would be addressed during the staff review of the replat. Discussion followed. Mr. Peetz advised that the three proposed residential units were more compatible than if the property was used as commercial. Discussion was held regarding the previous special exception that was just recommended for approval by the Board which is located almost adjacent to this property. Discussion continued regarding compatibility. John Johanson, Petitioner, testified that he was proposing three residential units; 22-30% lot coverage, leaving as much open space as possible; R-2 allows for six units, only proposing three units; the property was purchased last October; he had no idea why the previous owner did not build. 4 Judith Lowe, 211 Coral Drive, advised that this lot was located between two single family residences. She submitted photographs into the record. She noted that Harbor Heights is the only single family residential, low density neighborhood in Brevard County, that is next to the beach where the residents don't have to cross a main road. She advised that multi-family would take away from the single family residential character of the neighborhood. She advised that the property was listed for sale as a single family lot. Ms. Lowe commented that the developer was trying to cram three townhouse units on a 58 ft. wide lot. She advised that 73 neighborhood residents have signed a petition against the granting of this special exception. She noted that there is a very large Oak tree located in the middle of the lot that would be destroyed. She pointed-out that the lot was replatted for one single family home. She requested that the special exception be denied. (The audience applauded in support of her comments.) Karen Johnson, 346 Coral Drive, advised that she purchased her property in 1995 because it was in a unique neighborhood of all single family homes. She further advised that rodents have become a nuisance. She asked that the City keep the neighborhood single family, as it was meant to be. She voiced her opinion that the proposed project is incompatible. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 3 David Lackstrom, 432 Beach Park Lane, advised that there is a 10 ft. easement between the Villages of Seaport and Harbor Heights that is not being maintained. He questioned if the traffic study for N. Atlantic Avenue has been completed. He noted that it is almost impossible to go out onto N. Atlantic Avenue with the existing traffic volume. Don Foley, 224 Coral Drive, advised that he lives within three to four houses from this site. He noted that the approval of this request would negatively affect the value of his home. He did not want commercial being built on the property, or multi-family, but would prefer a single family residence. Keith McCoy, 204 Coral Drive, advised that he owns the single family residence next door to this site. He noted that if this project is approved, a single family home will be surrounded by multi-family townhomes. He advised that the property drops seven feet from N. Atlantic Avenue and there exists a large drainage area on the lot. He explained that if fill is brought in to raise it and a ad poured, the water would drain into his yard. p He advised that there was already water runoff from the Villages of Seaport. He noted that there already exists a townhouse at the entrance of Harbor Heights that has a drainage problem from the new townhouse project adjacent to it that did not exist before. He advised that the lot did not have room for adequate landscaping. He voiced his opinion that townhomes are not compatible. Rita Perini, 247 Coral Drive, advised that Harbor Heights is the sole treasure of Cape Canaveral, and that building on this property would destroy the trees and wildlife that live in the area. Franklin Martin, 382 Coral Drive, advised that he has lived at his residence for 40 years. He noted that many years ago he was the Chairman of the Planning & Zoning Board. He advised that the Board worked very hard to maintain R-1 zoning. He voiced his opinion that the City should preserve the existing single family neighborhood, and it would be wrong for the Board to grant this special exception. Shannon Roberts, 703 Solana Shores Drive, advised that she supported the comments to preserve what the City has and the comments made by the residents regarding the increase of traffic on N. Atlantic Avenue. She complimented the residents for coming out and voicing their concerns. She advised that the residents of Shorewood, Solana Shores, and Solana Lakes are very concerned about the increased density in the area and the traffic congestion on N. Atlantic Avenue. Jim Graver, 358 Coral Drive, advised that the property was already platted as a single family lot. Coral Drive is not designed to take on extra traffic. He noted that there were already single family dwellings on either side of this property. He voiced his opinion that the City should preserve single family in this neighborhood. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 4 Arlene Balestrieri, 204 Coral Drive, opposed the request as she lives next door. She advised that the request is totally incompatible with the neighborhood. She noted that the previous property owner had replatted the lots into three individual lots for three single family residences. She went around the neighborhood with a petition and received the signature of every one she approached, without hesitation. She advised that the school bus is late almost everyday because it can't get out onto N. Atlantic Avenue due to the traffic congestion. She noted that the lot was for a single family residence, and hoped that the City honors what the lot is supposed to be. Hans Saurenmann, 349 Coral Drive, advised that if the City grants this special use, then he will expect the same. He advised that he is the only resident in Harbor Heights that could profit from what the petitioner wants to build, because he is the only one in the neighborhood with a strip of land between Ocean Oaks and Harbor Heights, 2,633 ft. long and 20 ft. wide. He further advised that if the City approves this plan, he can build a three story building with at least four units on his property and sell it off. Chairperson McNeely summarized the audience comments. Vice Chairperson Russell summarized that multi-family use is approved at the corner and to the south, the area is zoned C-1 which needs to be rezoned R-1 to make it compatible with the neighborhood; the main issue is compatibility; multi-family use should not encroach any further into this established and unique single family neighborhood, with existing residence that purchased their home to live in this single family area. Donald Dunn, Board member, agreed with Vice Chairperson Russell. John Johanson, Petitioner, rebutted a few of the audience comments. He explained that 50% coverage of the site is allowed by code, he only proposed 22-23% coverage; the lot is zoned commercial, not R-1 single family; the units will be an average of 1,900 sq. ft. with an average selling price of $400,000, which would not detract from the neighborhood; the developer will install heavy landscaping; the code allows a density of 6 units, only proposing 3 units; the developer is not trying to negatively impact the neighborhood; it is not financially feasible to construct a single family residence on this lot; there is no plan to build commercial at this time because residential use would be the best option. Judith Lowe, 211 Coral Drive, commented that the property has been vacant and zoned commercial since the early 1960's; anyone who performs a demographic survey would see that commercial is not feasible at that location. She asked that the City rezone the property to R-1 single family residential, as it was intended to be, and make it compatible with the neighborhood and adjacent properties. (The audience applauded in agreement with her comments.) I (ilh Planning & Zoning Board Meeting Minutes January 25, 2006 Page 5 Following discussion the Board members concluded that: 1. A special exception is not a vested right. It is a speculation on obtaining special use permission. 2. This is an established, unique neighborhood of single family, one story homes. 3. The main criteria for a special exception is neighboring compatibility. 4. This is not a compatible use. Motion by Lamar Russell, seconded by Donald Dunn to recommend denial of the special exception request because it is not compatible with the surrounding use. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adjustment - Special Exception Request No. 05-16 to Allow On-Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Todd Peetz, City Planner, advised that a hotel is exempt from the 2,000 ft. distance requirement from other like establishments. Patrick Looney, representative for the Petitioner, testified that the alcoholic beverages would be served in the bar, restaurant, and patio area. He advised that the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and horsd'oeuvres from 5:30-7:30 p.m. The Board members reviewed the submitted site plan depicting the areas where the alcoholic beverages will be served. Discussion followed. Todd Morley, Building Official, verified that the area where the alcoholic beverages would be provided consisted of a total of 18 seats. Todd Morley read a letter from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Pat Looney, representative for the Petitioner, rebutted to the letter explaining that the bar is to primarily serve the hotel guests as an added amenity; there would be no advertising signage inside or outside the bar; and the use will keep hotel guests from driving to drink somewhere else. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-16 to the Board of Adjustment. Vote on the motion carried unanimously. 5. Discussion Re: Tourism in the C-1 Zoning District. Todd Peetz, City Planner, advised that a special workshop meeting has been scheduled with the City Council, Planning & Zoning Board, and Business Cultural and Development Board on January 31, 2005 at 5:30 p.m. to discuss this issue. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 6 OPEN DISCUSSION Vice Chairperson Russell requested a discussion item be placed on the next agenda for a zoning ordinance change to rezone the three lots in the Harbor Heights West Subdivision on Sea Shell Lane from C-1 to R-1. John Fredrickson questioned a motion made at the last meeting regarding removing residential from N. Atlantic Avenue. Chairperson McNeely advised that residential already exists on N. Atlantic Avenue and had voted against that motion. Vice Chairperson Russell advised that there are large vacant parcels that are zoned commercial that can be built as residential if the City continues to allow special exceptions for residential use. He advised that additional residential will continue to add to the existing traffic congestion on N. Atlantic Avenue. Beth Foy, Board member of the Business and Cultural Development Board, announced that the Board unanimously agreed that all residential in commercial should be stopped. She advised that they were looking into hiring a consultant to review allowable uses in C-1, and make suggestions for the City to manage the commercial corridor. Discussion continued. There being no further business, the meeting was adjourned at 9:42 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary QUIT CLAIM DEED Made this today of N00 f3 , A.D. 1987 BETWEEN the City of Cape Canaveral, Florida, 105 Polk Avenue, of the County of Brevard and State of Florida, party za P of the first part, and Southern Lakes, Inc., of the County wa o hof Brevard and State of Florida, party of the second part, aEL o c whose address is 8660 Astronaut Boulevard, Cape Canaveral, }0. o a0 Florida 32920, F- 4 V WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar ($1.00) , in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed, and by these presents does remise, release and quitclaim unto the said party of the second part all the right, title, interest claim and demand which the said party of the first part has in and to the following described lot, piece or parcel of land, situate lying and being in the County of Brevard, State of Florida, to wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise co co appertaining, and all the estate, right, title, interest and rn co claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first co z above written. cv CITY •• •AP CA y!lee2._, By: , _c •atrick T. Lee, Mayor 1? :Attest ,:: .._ 3 �...... c° et S. Leeser-, :Secretary STATE. OF FLORIDA _ COUNTY.'OO" EVARD / I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths OFF.[ 0 548 REC. PAGE + ---�*� 2 V 6 0 •.;.i:if Cu.c:u/. L. 3 F 2 and take acknowledgments, Patrick T. Lee and Janet S. Leeser, Mayor and Secretary, respectively, of the City of Cape Canaveral, and to me well known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Cape Canaveral, County of Brevard, and State of Florida, this ' day of �JdUfBtr{L , 1987. • • Bi20 •. . Notary Public My Commission Expires: . • Nn'lryIU !I'..::ia J1Ilorlo.tl13.58i, •. • Gly Co+nm;;can ta0u:o-CC: ...M}9 `' 6'i'.•lir ..I:' A.. i i• 1:1;i.i H�IiC OFF. REC. PAGE 2860 0549 That portion of the tollowing described parcel of land bounded westerly by the West line of the East 1/2 of the NW 1/4 of Section 14 , Township 24 South, Range 37 East, Brevard County, Florida and bounded Easterly by the Northerly projection of the West line of Lot 136, "HARBOR !HEIGHTS" FIRST ADDITION according to the plat thereof recorded in Plat Book 14 page 105 of the Public Records of Brevard County, Florida; A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being the South 13 feet of " THE VILLAGES OF SEA PORT", according to Official Records (look 2598 pages 171 & 172 of the Public Records of Brevard County, Florida, is more particularly described as follows: Commence at the intersection of the North line of "HARBOR HEIGHTS" FIRST, SECOND & THIRD ADDITIONS, according to the plats thereof recorded in Plat Book 14 page 105, Plat Book 15 page 80 and Plat Book 15 page 81, of the Public Records of Brevord County, Florida and the West line of the East 1/2 of the NW 1/4 of said Section 14 for a Point of Beginning; thence run N 2° 18' 25" W, along the aforementioned West line, 13 feet to the Westerly projection of the Southerly face line of the concrete columns of a decorative masonry wall for "THE VILLAGES OF SEA PORI"; thence run N 89° 05' 02" E, along the face line of said columns, 3051.96 feet to the Northerly projection of the Easterly right of way line of Ridgewood Avenue as shown on the above mentioned "HARBOR HEIGHTS" THIRD ADDITION; thence run S 01° 32' 53" E, along said Northerly projection, 13 feet to the North line of the aforementioned "HARBOR HEIGHTS" FIRST, SECOND and THIRD ADDITIONS; thence run S 89° 05' 02" W, along said North line, 3051 .78 feet to the Point of Beginning. The subject parcel of land contains 0.051 acres more or less. • • OFF. REC. PAGE 2860 0550 CITY OF CAPE CANAVERAL ZONING BOARD OF ADJUSTMENT OCTOBER 21. 1991 A Meeting of the City of Cape Canaveral Zoning Board of Adjustment was held on October 21. 1991 at the City Hall Annex. 111 Polk Avenue. Cape Canaveral. Florida. Chairman Lloyd called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Russell Lloyd Chairman Marilyn Rigerman Vice Chairman Robert Laws Ronnie Farmer John Rutte Alternate MEMBERS ABSENT: Robert Hoog Alternate Patrick Lee a OTHERS PRESENT: James Morgan Building Official Thomas Kleving Building Inspector James Woodman City Attorney Susan Nelson Secretary Chairman Lloyd amended the minutes on Page three. Paragraph two. to read as follows: The structure encroached approximately four feet into the east setback line and approximately 23 feet into the west setback line. Ms. Rigerman moved to approve the minutes of August 5. 1991 as amended. Mr. Laws seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS 1. Discussion Re: History of Zella. Inc. Mr. Woodman, City Attorney. summarized the history of Zella. Inc. He explained that the Board of Adjustments had denied the special exception request based on a particular clause contained in the Statement of Justification of the Puerto Del Sol lawsuit. Mr. Woodman reported that Judge Lober had ruled that the special exception should not have been denied based on that particular clause: and that the Judge had indicated that townhouses were not considered multi-family residential. Discussion followed. Ms. Rigerman stated for the record. that the motion for denial. made by her, was based solely on a sentence included in the Puerto Del Sol Statement of Justification which read: "The 3.85 acres presently zoned C-1 will be developed for commercial uses only." NEW BUSINESS 1. Special Exception Request No. 89-9 to Construct Single Family Dwellings in a C-1 Zone. Section 14. Township 24 South, Range 37 East, Parcel 255. (North West Corner of Harbor Drive and Sea Shell Lane) - Petitioner was Ernest F. Szapor. Owner f-� Zoning Board of Adjustment �+.�, ^ October 21. 1991 Page 1 of 2 • Mr. Szapor, Owner. explained that he was requesting a special exception to construct three detached single family homes; on three subdivided lots; in a subdivision that was mainly detached single family homes. Discussion followed. Mr. Rutte moved to approve Special Exception Request No. 89-9 to construct single family dwellings in a C-1 Zone. Mr. Farmer seconded the motion. Motion carried unanimously. 2. Special Exception Request No. 89-7 to Construct Townhouses in a C-1 Zone, Section 14, Township 24 South, Range 37 East, Parcel 547.1, (Located West of Ocean Woods) - Petitioner was James Murphy, Agent for Zella, Inc. Chairman Lloyd cautioned that four members must vote in favor of the special exception in order for it to be granted. He advised that he was an owner at Ocean Woods and would abstain from voting if the applicant so desired. Mr. Murphy answered that it made no difference to him. The Board members reviewed the special exception request. Mr. Murphy stated that the special exception application specifically noted that seven townhomes would be constructed; however, it was legal and possible that twelve units could be developed. Discussion followed. Mr. Murphy submitted a recorded easement for ingress and egress for Zella, 'Inc. from Southern Lakes, Inc. The Board members reviewed the recorded easement. Discussion followed. Mr. Laws moved to approve Special Exception Request No. 89-7 to construct townhomes in a C-1 Zone. Ms. Rigerman seconded the motion. Vote on the motion was unanimous with Mr. Lloyd abstaining. Request No. 89-7 was approved. There being no further business the meeting was adjourned at 8:10 P.M. , Approved this 1R4 day of IV Oi(2Y(1t-)Pr , 1991. Al AO Chairman au-run I, t 17(] Secretary Zoning Board of Adjustment October 21, 1991 Q, Page 2 of 2 �� 1J RESOLUTION NO. 92-1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE PLAT OF "HARBOR HEIGHTS WEST" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ernest F. Szapor has complied with the platting procedures of the City of Cape Canaveral, Florida; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The plat for "Harbor Heights West" , Parcel 255, Section 14, Township 24S, Range 37E, is hereby approved. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said plat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of January , 1992. 4 \ \SCISCIt, M4 oil ATTEST: NAME YESNO (7441 ity Clerk KEDZIERSKI PORTER Ap,roved as to Form: RANDELS SALAMONE Ci y Attorney Planning & Zoning Board Meeting Minutes May 22, 2002 Page 3 4. Recommendation to the Board of Adjustment Re: Special Exception Request No. 02-07 to Allow Residential Use in the C-1 Zoning District, Parcel 255.0, Harbor Heights Subdivision - Holly R. Myers, Designated Agent. Mr. Reid advised that this request was to allow residential use in the C-1 zoning district, the lot sizes met the minimum requirements for residential. He advised that the Harbor Heights subdivision was mainly single family residential, and access would be from Coral Drive. Ms. Holly Myers, designated agent, advised that the property owner wanted to construct either single family or duplexes, the property may be more marketable to construct duplexes, a quadruplex was existing to the immediate south of this property; the property to the immediate west fronting Al A were two vacant commercial lots; the property owner wanted to subdivide the property into three residential lots for duplexes or single family. Mr. Nicholas voiced his opinion that R-2 zoning was not compatible with the Harbor Heights single family subdivision. Discussion followed regarding limiting the number of units as a condition of recommended approval. Ms. Myers advised that she had no problem with limiting the use to duplexes or single family. The Board members reviewed the submitted site plan depicting three single family lots. Ms. Myers confirmed that the site plan was not a recorded plat and was entered as Exhibit A. Brief discussion continued. Motion by Ms. Shea-King, seconded by Mr. Nicholas to recommend approval of Special Exception Request No. 02-07 with the following condition: The use of the property be limited to one single family residence, per lot, as depicted in Exhibit A, based on the fact that the Harbor Heights subdivision is predominately single family residential. Vote on the motion carried unanimously. 5. Reconsideration of Special Exception Request No. 02-03 to Allow Outside Storage of Aggregates, Parcel 8, Section 15, Township 24 South, Range 37 East - Randy May, Designated Agent for Civil Marine, Inc., Property Owners. 6. Reconsideration of Special Exception Request No. 02-04 to Allow Outside Storage of Aggregates, a Portion of Parcels 2, 3 & 6, Section 15, Township 24 South, Range 37 East - Randy May, Designated Agent for Canaveral Bulk Terminal, Inc., Property Owners. 7. Reconsideration of Special Exception Request No. 02-05 to Allow Outside Storage of Vehicles, Containers, Military Cargo and Stevedoring Gear, on a Portion of Parcel 3, Section 15, Township 24 South, Range 37 East - Randy May, Designated Agent for Ambassador Services, Inc., Property Owners. lb 1 5112 m P FF D � �ill� y Z a b 1 1 A PORTION OF LOT A TUTEN'S SUBDIVISION NOT O PLATTED po NO179'3Jw 307.79' ,°.� - - -- �. 0 El Ti 0 D 2. �® 1 // / 8 )1)01 4 —0I Z ?-73 is '4 '0 —I Xii R � q i 4€r" //**/ of Y a : 3 `--4 E I 1,°.—4 fr. r- /gq. / / m CO AI0 m I �0 / ''/ V p Z • L_ 9.N / / S q. 76 0 �' ® / �/ / 50 po 5,-.7....j0-• o / / / \% 0,., „ ...../ •11 Plil r �. / / `k / ra.•„SFa '��J• ' �/ / \ / S00'19'19�49rez .95' x7 m D71> ''''+t;CO ?JS'• 04 4� // fie`�0' :L7 Rm rn .I �b ` s. //' �� ltd ggg ,O #i vDi MOM 27 R R 4044, �jG 9.. // i64 o R 0 iC) Z�oiO ?, m gt s�o ®��® n it y ? ^l a S ai a e4a y 8-^0 z m . . . . . . . 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'SES$° a� to S �Z-� :°^ � w�G.-;:i,.,121 - "a a` u I s a3'a eIa 8 ! s s E�. ter.. $ ( ` Ir.J 8 , * l s 4 y$. 1 gs�� � N:-.•Fb3 g� `����' �� `Ee l ' q pE O s o E N s. : e. t. a. ='"" -J - '� a_ 7 r e _ .1. 0e ee ti XJ OR i .c 11_51 I. t\111 : is . ,s,,,,... if ii, i ii, of2 I1 t: -12 Y, li , r,� k it"' °d••. _ 0 [ p a $3� t. j! g}/Nil ; y $$ j /� PREPARED BY AND RETURN TO: • CFN 2005408430�� IItilIII LAI I11Ii1�1 1Hlllt it 11 • 11-16-2005 12:48 pm RENEE CHISHOLM OR Book/Page: 556. 5__ 15942 TOWN & COUNTRY TITLE, INC. - - 1227 S. Patrick Dr., Suite 105 Scott Ellis Satellite Beach, FL 32937 Clerk Of Courts,Brevard County File No. 10857 #Pgs: 1 #Names:2 Trust: 1.00 Rec: 9.00 Serv:0.00 TAX PARCEL ID NO. 24 37 14 30 00 3 ^---'• 1,890.00 'Excise:0.00 Mtg: 0.00 Int Tax:0.00 WARRANTY DEED THIS INDENTURE,made the 4th day of October, 2005,between RCI BUILDING AND DEVELOPMENT INC., a Florida corporation ("Grantor"), and TRIPPLE J INVESTMENTS, LLC, a Florida Limited Liability Company (Taxpayer I.D. Numbers: ), whose mailing address is 310 Adams Avenue, Cape Canaveral, FL 32920 ("Grantee"). (Wherever used herein the terms'grantor and'grantee"include all the parties to this Instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations.) WITNESSETH: That said Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases,conveys and confirms unto the Grantee,all that certain land situate in Brevard County,Florida,viz: Lot 3, HARBOR HEIGHTS WEST, according to the Plat thereof, as recorded in Plat Book 48, Page 31, PUblic Records of Brevard County, Florida. SUBJECT TO taxes for 2005 and subsequent years. SUBJECT TO zoning,restrictions,prohibitions,and other requirements imposed by governmental authority;restrictions and mailers appearing on the plat or otherwise common to the sub- division;and public utility easements of record; this reference to said restrictions shall not operate to reimpose the same. TOGETHER with all the tenements,hereditaments,and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claim of all persons whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents. , ee sgne., ealed and delivered in tthee pre/�� ef+ _I RCI BUILDING AND DEVELOPMENT,INC. Witness a Florida corporation Typed/Printed Name of Witness: ,"�) 'r � .. __ By: `^' Sc ,,,,,f/Veu,gSfA,i-- Witness FiOSEANNA J. SORRELL WENDY SCANNELL,Circle, President Typed/ph.cd Neme of Wimes: Address:2158 Long sandy Circle, Merritt Island, FL 32952 (Corporate Seal) STATE OF FL COUNTY OF BREVARD The foregoing Warranty Deed was acknowledged before me this 30th day of September, 2005,by WENDY SCANNELL,as President of gcI BUILDING AND DEVELOPMENT INC., a Florida corporation, on behalf of said corporation o is/are personally known to me,or❑who has/have produced driver license(s)as identification,or ❑who has/have produced as identification. Iii ,,, Renee Chisholm �, : s Cammluioa 110D207i6t NOTARY Rue , 1A81pires: May 30.2007 Notary Public Boeded Thru Typed/Printed Name of Notary: "",,,.,,,,,,,,, Adutdc Bonding Co.,Inc. Commission Number: My commission expires: Warranty Deed Page 1 /�(� ( "I Page 1 of 1 Bennett Boucher From: Bennett Boucher[bboucher©cfl.rr.com] Sent: Monday, February 27, 2006 5:50 PM To: Bennett Boucher Subject: Fw: Sea Shell Lane Original Message From: Joy Gilliland To: Bennett Boucher Sent: Monday, February 27, 2006 11:47 AM Subject: Sea Shell Lane February 27, 2006 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Sea Shell Lane Harbor Heights, City of Cape Canaveral Dear Mr. Boucher; We offered the above referenced property For Sale as three residential lots in 2002. If you have any questions, you may reach me at 321-676-7676. Joy Gilliland Broker/President First Realty, Inc. jl S-D 03/01/2006