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HomeMy WebLinkAboutcocc_boa_agendpkt_20060123 4ACEAA, • 4i:a !� City of Cape Canaveral . -¢ i0- , K / „\,\91/6 , _ / , ' BOARD OF ADJUSTMENT MEETINGt7 462i\)14/ AGENDA 111 POLK AVENUE . 11\P V (F /Ain, V JANUARY 23, 2006 7:30 P.M. tiJ CA to Order (\./jr �'�� Roll Call V V A (1,/ Vj \\CCI'9'6(\\10 NEW BUSINESS: CkY '()S\ 1. Motion to Approve the Meeting Minutes of November 14, 2005. s.0 2._Lek Motion Re: Special Exception Request No. 05-14 to Allow Residential Of Jdik 6 Use in the Commercial Zoning District, Section 14, Township 24 South, Nri,,,,,t,, Qnge 37 East, Part of Lots A&B, also known as 24-37-14-28- osr 00000.0000A.10, A.25, *26, and A.27 - Teutons Subdivision- (Oak ,,, , �, Lane - Craig and Mary Stewart, Petitioners,*,(,M,(4- }o (0'144.1-5 Q ,. 10( V L-v55icIn�ileu.t.El, �;'n y ti,+ •ce% ection of Chairpe . - : • -- * a' •- - : . l'A• OPEN DISCUSSION: ' /So ,.k/ ...)"919/\ I3JV Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a 4,, �e 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 1 �y such purpose that person may need to ensure that a verbatim record of the proceedings is t 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 membe who may or may not participate in Board discussions held at this public meeting. r Q 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 November 14, 2005 A Meeting of the City of Cape Canaveral Board of Adjustment was held on November 14, 2005 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance McKone, Chairperson, called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Constance McKone Chairperson Paula Collins Vice Chairperson Robert Laws OTHERS PRESENT: Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tern Bea McNeely Ex-Officio Member All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of October 27, 2005. Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of October 27, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No. 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers, and Recreational Equipment; and 24 Hour On-Site Security at (8708 Commerce Street), Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt Ronstrom, Petitioner. Mr. Ronstrom, Petitioner, testified that he has owned the property for approximately 20 years; he was asking for a special exception to allow outside storage and live on premises for security purposes. Mr. Ronstrom advised that he had taken photographs of other neighboring businesses that have outside storage and explained that his property was surrounded by other properties that currently rent space for outside storage. He submitted the photographs of neighboring properties showing the outside storage. Mrs. Collins, Vice Chairperson, voiced her concern that the Planning & Zoning Board was not keen on allowing the use. She voiced her opinion that she did not like to see things stored outside. Mr. Ronstrom responded that the outside storage was not visible from the street. Ms. McKone, Chairperson, questioned what city code allowed for outside storage. Mr. Peetz, City Planner, responded that Sections 110-354 (c) (1) & (C) (12), and 110-551 allowed the use. He advised that the property needed to be maintained, and the vehicles need to remain operable and have current tags. He noted that the Building Official prefers a permanent living structure that would withstand the wind code, rather than a temporary trailer, if the Board grants the request for the 24-hour on-site security. Board of Adjustment Meeting Minutes November 14, 2005 Page 2 Bea McNeely, Ex-Officio Member, advised that the Planning & Zoning Board viewed the special exception as two separate requests. She explained that the Planning & Zoning Board agreed that there are other options for the security; all vehicles needed to be tagged, and code enforcement would need to make an extra effort to ensure compliance. Kurt Ronstrom, Petitioner, clarified that his brother had been living at the site in the trailer for five years and utilized the bathroom inside the building. Ms. McNeely explained that the landscaping was not clear, and the Planning & Zoning Board did not know if the site met all requirements of the landscape code. She suggested that conditions be placed on the motion that the fire department has unobstructed access, and stipulate the maximum number of vehicles that can be stored. Discussion followed. Todd Peetz, City Planner, commented that Mr. Ronstrom offered an option to place the 24 hour security living quarters inside an existing building. Kate Latorre, Assistant City Attorney, clarified that the Board could split the two requests into two separate motions. Gary Schmidt, 305 Surf Drive, advised that he owns units in the vicinity of Mr. Ronstrom's property; he has known Mr. Ronstrom to 20 years; he is a good business man; an active and productive citizen in the community; he provides services needed in the community and Port Canaveral; the City has repeatedly granted residential use in commercial areas which created a need for places in the City for storage of RV's, boats, and boat trailers; the use that Mr. Ronstrom is requesting is not intrusive and is not visible from the street; the use is consistent with mini-storage warehouse uses in the County; the use is compatible with the zoning area; the 24 hour security was the Planning & Zoning Board's main concern. He commented that Mr. Ronstrom had received a purchase offer on the property and turned it down because they wanted to use the property for an adult entertainment establishment. The Board members voiced their individual concerns regarding the request for on-site living quarters for security. Discussion followed. Motion by Robert Laws, seconded by Paula Collins, that Special Exception Request No. 05-07 for outside storage of automotive vehicles, camping equipment, boats, trailers, and recreational equipment is granted with the following conditions: 1. Property buffering and landscaping be provided. 2. Parking spaces are limited to 26 as shown on the drawing provided by the Petitioner. 3. Maintain adequate access for the Fire department. The request for 24-hour on-site security is denied. Discussion followed. Vote on the motion, as amended, carried unanimously. • Board of Adjustment Meeting Minutes November 14, 2005 Page 3 3. Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 9, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, explained to the Board why there was a request for a Variance and a request for a Special Exception for the same use. He gave an overview of the special exception request and read the newly adopted ordinance, which allowed the use by special exception. Randy May, Petitioner, showed the Board members a schematic overview of the project, depicting the property lines, and location of the conveyor system. The Board members reviewed the exhibits. Discussion followed. Motion by Robert Laws, seconded by Paul Collins, to approve Special Exception Request 05-12. Vote on the motion carried unanimously. 4. Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 9, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. Todd Peetz, City Planner, recommended that the Board make a motion to deny the Variance, or the Petitioner withdraw the request. Randy May, Petitioner, withdrew the request. 5. Special Exception Request No. 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcel 28, D.01, D.03, and C.01, Tueton's Subdivision - Kevin D. Markey, Seaboard Constructors, LLC, Designated Agent for Howard and Betty Gould, Petitioners. Kevin Markey, Representative for the Petitioners, testified that the property was approximately 9 acres; currently there are 72 mobile home units, and outside storage of boats and RV's. He noted that the property is outside the moratorium area; the intentions of the property owners are to construct approximately 100 residential units; all landscape buffering requirements will be met. I Board of Adjustment Meeting Minutes • November 14, 2005 Page 4 Bea McNeely, Ex-Officio Member, advised that the Planning & Zoning Board had voiced concerns regarding the site plan and visual impact on Commerce Street. Mr. Markey had advised the Planning & Zoning Board that he would work with City staff regarding those issues. The Board members reviewed a preliminary site plan of the proposed project. Mr. Markey responded to the Board members questions. He testified that the owners want to replace the trailer park with residential condominiums; some buildings are one story and some are two story; each unit will have an enclosed garage; the owners currently do not have an overall property survey; and they do not have an existing special exception for the trailer park because the use was existing prior to zoning being established by the City; he could not verify the total number of proposed units because the proposed project was in preliminary stages of design. Mr. Markey advised that the applicants would like to surrender the special exception if not utilized within 12 months. Todd Peetz responded that the special exception will automatically expire in 12 months if not utilized. Ms. McKone, Chairperson, questioned the impact on schools, traffic, and green areas. Todd Peetz, City Planner, responded that adding 50 units would not impact the current level of service standard for traffic; Cape View Elementary School is under capacity; and the project may help traffic on N. Atlantic Avenue by having a road cut on Central Boulevard. Motion by Robert Laws, seconded by Paula Collins, to approve Special Exception Request No. 05-13. Vote on the motion carried unanimously. 6. Discussion and Motion Regarding: Establishing New Meeting Time. Robert Laws suggested that the meeting time remain at 7:30. Following brief discussion, the Board members agreed to keep the meeting time at 7:30 in case the former members were reappointed to the Board by City Council. 7. Interview and Recommendation to City Council Re: Prospective Board Member- Catherine Barnes. Catherine Barnes, Prospective Board member, advised that she had served on the Planning & Zoning Board with Bea McNeely, and served as the Chairperson for a short- time. Now that her kids were grown, she was ready to serve on a City Board. She advised that with her experience from the Planning & Zoning Board she would be an asset to the Board of Adjustment. Motion by Robert Laws, seconded by Paula Collins, to recommend that Catherine Barnes be appointed to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION: Ms. McKone, Chairperson, questioned if a Chairperson was allowed to make motions. Kate Latorre, Assistant City Attorney, advised that she will research the question and '\ report her findings at the next meeting. G / Board of Adjustment Meeting Minutes November 14, 2005 Page 5 There being no further business the meeting was adjourned at 8:57 p.m. Approved this day of , 2005. Constance B. McKone, Chairperson Susan L. Chapman, Board Secretary Meeting Type: Board of Adjustment Meeting Date: 1/23/05 AGENDA Heading Special Exception 05-14 Item #.2 No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception Request 05-14 to allow Residential use in a Commercial district. DEPT./DIVISION: Building Department Requested Action: Consider recommendation of approval from the Planning and Zoning Board and approve/deny residential use in a commercial district. Summary Explanation&Background: The applicant is Craig Stewart; he has requested a special exception for residential use in a commercial district. This property has an active special exception for residential in commercial with a condition of one dwelling unit. This request would be to re-establish the special exception for residential without the condition of one residential unit. 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 reports and comments on the special exception. #6 An appeal of the recommendation of approval from a Mr.Ray Osborne and reply from the City Planner. City Planner's Office Department CITY Page 4 of 9 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: 1. NAME OF APPLICANTS (�,« /� w ADDRESS (if assigned) :RC Grp be g 31)i, FL PHONE # 3)1-86s-S3 i FAX # 7g3-%y5 E-MAILCe r,€ ,yAF c,- 9 Ottc-t►Ya�1,,Cc, i 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: /b-,f- o h 4.0ts ti 4 c.( .11 ; C/1'(j 5 51 //C2 7L)feNA ,LiCi• LOT: kr BLOCK: SUBDIVISION: 76='u 64.4 PARCEL: • SIZE OF SUBJECT PROPERTY IN ACRES: /. C?� SECTION: I TOWNSHIP RANGE _?% _24 DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) C- 1 C -334 C) 1 C 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLES 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 emergency access in case of fire or medical emergency. (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. CRAIG S STEWART (Phone: 321-868-5544) 5/20/2005 CITY Page 5 of 9 (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. 0) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): � + .�L ,�� j\o itA�,11 d-�" ILL; 4'� ct_e.-�.� i�:i I G �� �.t5� "{�; f �lCt_-vt,4 + I G S E_' ) - 6 in c l'c‘4.1 P b °( . u� e A C Ct'%I /10HU�� S'rrv]; a'd.9 c� �ci-=a.4 a ?A ; 1-et ifl4:7;'1/ . _ CRAIG S STEWART (Phone: 321-868-5544) 5/20/2005 • ' RADIUS MAP 1 / I 1 / r H / I / ;1m f i I I r I: / i 1 1 1 l , ---,,,.k Ig : / WORM=DR \, 5 \ \ .9.6 ` ,� / :'�ll � 556140 N5' CORAL OR 1a a 18 LS 14 la M/ # 20a ouc u I--� iliti .71 lls 4a 30 el Z756 IIn 245.16 041 4188 � , _ Di E, ❑on c, a %‘4. 10 566 os 64 6e Q 65 .� P 6 SP 545— S' �i E C t 74 Ili Dir.Sjilli LZ\1��� Iit J 75 ... 5, ,,,..0.eq ,,,F r Ota,,,,,,, rnm., Mw ca+ 5.1Pe . .... isiv ,^ > - ,/' i 1 111 VAS it Brevard County Property Appraiser.Tim Ford BUFFER DISTANCE 500 FEET APPLICANT YAS{E(S)/ADDRESS: Based on data from the Property Appraisers Office YAP SCALE IS L6000(one inch=500 feet) STEWART. CRAIGLEGaill This map was compiled from recorded documents and does not reflect an actual surey.The Bre-turd County Beard of Con4rnissicnerc Notification buffer OWNER NAIIE(S)/ADDRESS: Property Appraiser,and Geographic Information Services do net assume11 �' responsibility for errors or commissions contained hereon iii Parcel/lot boundaries Produced by:Brevard County Planning&Zoning Office—GIS,October 18,2005 Numbers on map correspond to mailing list r a nnn-siswsoo i4••'500-1.®v r \ L% CITY Page 7 of 9 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. ,L)o, //L2,1,2_ 40:a 1-A� l 4A-t, V��j r di vt, f r�t f t C e-fr- tO t T�I S,ui ^q <A 4-0'iSeS 1 k2 v\ �kwu2 wou j�I C- ,bU$ Lie , 2) Will the Special Exception create any unusual police, fire or emergency services? 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.? ye S 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? 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or othervdetrimental effectsLupon adjoining property owners? /�S, G3 fl --10, 7ow�l�Guses. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? SQ,.� e z,e_ d,'c tad.,1,c C2 / uua &. aiLe. al( L 4,V1 aeLICb. o 1., l , /0110/1‘272,1-164 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? )2.5 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? N/A. 9) Is there adequate refuse and service areas? 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? Ycs CRAIG S STEWART (Phone: 321-868-5544) 5/20/2005 CITY Page 8 of 9 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? Xec 12) Is the Special Exception 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? 7 , `cam e yo/,v a r o , iu(-\\11 IA )1 14 ( ��; , �.fl e/ -71449 C; 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? yam. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? Mo 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? 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CE A4c , '= " f t City of Cape Canaveral Y ! _ '' rte-< _ November 8, 2005 = . ;"�_ NOTICE OF PUBLIC HEARING CITY OF CAPE CANAVERAL --P,.-p, - • 'JACENT PROPERTY OWNER(S): Notice is hereby given by the City of Cape Canaveral, that Craig and Mary Stewart, 300 ,N.:-,...;-- --:'' ' 4•. Columbia Drive, #3301, Cape Canaveral, FL, have requested a Special Exception to '0— Construct Townhomes on Oak Lane, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334 (10) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 14, Part of Lots A and B also known as Parcels 24-37-14-28-00000.0000A.10, A.25, A.26 and A.27 - Teutons Subdivision (Oak Lane). In accordance with the City Code of Ordinances, No. 18-2002, may this letter serve 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 December 14, 2005, 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 Adjustments 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 you are cordially invited to attend this meeting and provide comment on the proposed requested land use change. 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 lfl II to ' I � 1t 1 I 3=CH PARK La j may , i' O ,,sal a.a I ;i a 1111 •'� l .a: .as lane I„auu.I j'.,.i, 1�r'___, i 4,CA< A — i 11 , . 1. . ��}��� 1 , I IHAR3CR 7.4 ( I; i I I , Y .:� i , ;II '.. � , 1 : ,111I..1 cp.\ ,,\„ :ia1,1 r.:?1:,T�-= , i II 141 ILL.;A Il i' .i ' ; . l I II I! 11� I A ` s ! �;' SUB ECT P.A RCEL S ioC ; =4_74,--1,21 ti "YA,4 —�a- - ig --� 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 10 / W Telephone: (321) 868-1220 • SCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.corn T -' r Q N Q 1 Y a &) co ILI c:4 cD 11111 ate v•- ZI S• 73 N CZ= C > Tiin a:s E C - CD CO N Q V C p a) O N �Z1- L r >, - cin (TS I. as -0 CZ - o -0 0 cz 0 0 = CD 0 cz 0 0 O a) Cl) ° No00 •— Cl)= c� m > o CD cIIoc 000 o � � + 0 E -a E � " a) at ooa� CZ �, Cr) > � r0 E0 = `-z0 d- •- 2 S 0- O E 0 CD -a E., 'E0 _00I-- � i0 > o 0 '' O E O o u) to up p 0 o ,� 2- cls N Co 2 C 0 C en u) as i 0) U — cn •0 � — N CZ N•• a_ L.... 0 •v) - •� = N Cl) ( ""j3 csD CD O O Uo C _5 -0 a) 2 c0n .g_ C� ii < I-- • I— _c ( r) Z l- l- ■ ■ zo CO ■ N - O EC) • O co in ■■, ■ ■ ■ En Co ,S E3 ., A -. y EC) C') ■ ■ ■ - N. d- ' E. 1 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. No, the applicant is requesting a special exception to develop residential townhomes. This request is compatible to the surrounding area. 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.? The submitted application requests a special exception to develop residential in a C-1 zoning district. The residential zoning requirements can be met if a special exception is permitted. 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? Adequate ingress/egress potential exists. Access to the subject site can be gained from Oak Lane, a public right-of-way adjacent to and north of the property. Some improvements to the road may be needed. 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? The applicant should be able to meet the parking requirements of Chapter 110, City of Cape Canaveral Code of Ordinances. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. The proposed 'Special Exception' does not require further development of utilities and adheres to the capacity and service levels required by Code. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Applicant must meet the landscape requirements found in 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? The applicant proposes to develop residential townhomes which should maintain a harmonious environment with the existing adjacent residential townhomes. All lighting and traffic safety requirements must be meet according to City of Cape Canaveral Code of Ordinances. 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? A modified concept plan was submitted suggesting 10 lots. While the units themselves were not included, it is probably that the number of units identified could be accommodated on site. 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? Yes, the applicant proposes to develop residential townlzomes. The proposed development is consistent and compatible with the surrounding uses. 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. /Lf 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? The proposed development has the potential to meet the Toumhome zoning district requirements should a Special Exception for a residential use in a commercial zoning district be granted. 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. BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C-1 C-1 C-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 SUBJECT CODE SECT: APPLICABLE 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) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 4 (83 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: November 11, 2005 RE: Special Exception for Oak Lane Townhomes 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. Further review will be conducted during the site plan process for compliance of all local requirements. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: October 28, 2005 RE: Special Exception Request No 05-14 Residential in Commercial The Public Works Department has reviewed the special exception request and does not have any comments or concerns with the zoning usage. U59 Page 1 of 1 Todd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Thursday, November 03, 2005 11:52 AM To: Todd Peetz Subject: Re: Special Exception#05-14 - We have reviewed the special exception and have no comment at this time. 12/7/2005 Di]-i�l:". IU:N hl3yor City COuncii City Mgr. ( December 19, 2005 Azty. iJi1. To: City Clerk and Board of Adjustments ,d.,ce r. From:Ray Osborne t , 41 Holman Road Subject: Appeal for Reconsideration. Dear honorable council members and city mayor, Pursuant to City Code Article II, Sec. 110-29. I, Ray Osborne hereby notify the clerk of the City of Cape Canaveral that I wish to appeal the decision made by the Planning and Zoning Board on December 14th to pass the Special Exception Request no. 5-14 to allow residential use in the commercial zoning district, section 14, township 24 south, range 37 east. (Oak Hill). Reasons are: 1) It is not compliant with the City Comprehensive Plan. Policy H 9.3 "high density housing must be balanced with low density housing." This project would contribute to further erosion of this policy element. 2) There are public safety issues to consider. Transforming this property to high-density housing will lead to a higher population. A higher population on the Cape would contribute to more people ' in the path of danger'. Risks include evacuation problems during hurricanes, storms, flooding, failed rocket attempts and other emergency situations. The increased population would tax the local emergency services: ie police and fire department in these situations. 3) I believe it is not in the best interest of the city. The property owner has admitted that the price of these homes would be in excess of$400,000. The project would not be compatible with surroundings. It would not implement "Smart Growth" principles and initiatives such as "mixed-use". This plan does not offer affordable housing to citizens and workers at Cape Canaveral nor will it attract young professionals with families. Finally, I hereby request that the City Attorney provided me with appellate procedures for this appeal. Sincerely, c---)AZ-l- _ CD/(1--c Ray Osborne 1 A"tNCE A j:40 , � , = City of Cape Canaveral iGiiii J:::-V 04:zioor- - — 5 zc 14Cf,-7` December 19, 2005 4 Mr. Ray Osborne Re: Special-Exception 05-14 Residential Use in Commercial Land Use/Zoning Dear Mr. Obs orne: I appreciate your interest in the City and I know you are working to protect the quality of life that residents currently enjoy. You address three issues you feel were improper; compliance with comprehensive plan policy H-9.3, public safety issues and housing cost or lack of"smart growth" initiatives. The first concern is Comprehensive Plan Policy H-9.3 which states, "the City shall promote single-family and other low density housing types to balance the many high-density residential developments in the community". This is a policy of a larger Objective H-9 which states, "Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for low- income and moderate income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this objective is the extent to which housing variety occurs within the City and the degree to which the following policies are implemented". The objective is for the City to provide for adequate opportunities for a variety of housing types. The policy says "the City shall promote single-family", not "must be balanced". The City clearly promotes single family housing which is provided for in the R-1 land use /zoning districts specifically. In R-2 and R-3 land use /zoning districts accommodate a variety of housing types including, single family ^_ development, duplex and multi-family development. The City provides for and in____ _ _ doing so promotes single-family development. The special exception is for residential "use" in a commercial district. The owner if approved by the Board of Adjustment will have the ability to build 1 to 15 dwelling units on site. Until a site plan is submitted and found compliant with City Code we do not know how many units up to 15 will be permitted on site? 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 \ Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 2j wwzv.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com The second concern with public safety and higher population is an important concern. From a local perspective the fire department looks at the site from an accessibility stand.point and found it not to have any existing problems with residential being developed at this location. During site plan review the fire department will look at this property again to ensure public safety issues can be met. In the bigger picture with hurricane evacuation, we are fortunate enough to have several days warning prior to major storm events. The County's hurricane evacuation plan has demonstrated that if evacuations are complied with that barrier islands can be evacuated. Third concern with being in the best interest of the City based upon cost and smart growth principles. It should be noted that while the price for the proposed homes were disclosed to be $400,000, the city does not regulate the value of housing. The City provides the market opportunities to build efficiencies to multi- family consistent with the land use and zoning requirements and has no control over setting local housing prices. Smart growth principles such a mixed use districts f gave-not-been-approved-as-par--of-the-City°s-land_development-code and currently would not be permitted with this project. If I can assist you with question or comments you may have, please let me know at 407-629-8880. Sincerely, - A 1 / S /Fr Todd Peetz 0 City Planner CD cc: Todd Morley, Building Official _r ' 6zr , V .,;- December 19, 2005 To: City Clerk and Board of Adjustments From: Ray Osborne Holman Road Subject: Appeal for reconsideration. Dear honorable council members and city mayor, Pursuant to City Code Article II, Sec. 110-29. I, Ray Osborne hereby notify the clerk of the City of Cape Canaveral that I wish to appeal the decision made by the Planning and Zoning Board on December 14th to pass the Special Exception Request no. 5-14 to allow residential use in the commercial zoning district, section 14, township 24 south, range 37 east. (Oak Hill). Reasons are: 1) It is not compliant with the City Comprehensive Plan. Policy H 9.3 "high density housing must be balanced with low density housing." This project would contribute to further erosion of this policy element. 2) There are public safety issues to consider. Transforming this property to high-density housing will lead to a higher population. A higher population on the Cape would contribute to more people ' in the path of danger'. Risks include evacuation problems during hurricanes, storms, flooding, failed rocket attempts and other emergency situations. The increased population would tax the local emergency services: ie police and fire department in these situations. 3)I believe it is not in the best interest of the city. The property owner has admitted that the price of these homes would be in excess of$400,000. The project would not be compatible with surroundings. It would not implement "Smart Growth" principles and initiatives such as "mixed-use". This plan does not offer affordable housing to citizens and workers at Cape Canaveral nor will it attract young professionals with families. Finally, I hereby request that the City Attorney provided me with appellate procedures for this appeal. ---------- -------=--- -- Since - � -- ------- --- --------------------------------- Ray Osborne virginiah From: Ray Osborne [rko@journalist.com] Sent: Wednesday, December 21, 2005 10:40 AM To: virginiah Subject: RE: FW: Phot ID needed on Santa on CCVFD Firetruck Thanks!, I will stop by and pick up a copy of last Council Meetings minute. I will get a copy of tonight appearance board meeting agenda. I also have another matter that I would like to discuss with the city. I would like to see if a new updated archaeological survey is due for the city. How do I get the city council to consider a motion to update its archaeological survey? Do I need to send petitions to each council member for them to motion it? I am not certain of all the procedures of the city. My cell phone is 243-8097. Original Message From: virginiah To: "'Ray Osborne' Subject: RE: FW: Phot ID needed on Santa on CCVFD Firetruck Date: Mon, 19 Dec 2005 14:50:20 -0500 The minutes have not been approved, but we can give you draft copies of them if you want. Also there are no more meetings scheduled until next year. Except for the Community Appearance Board tonight. Which agenda did you need? Virginia Haas City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 phone: .321-868-1221 fax: 321-868-1248 hags-cagey cfi.rr.com www.myflorida.com/cape From: Ray Osborne [mailto:rko©journalist.com] Sent: Monday, December 19, 2005 11:51 AM To: virginiah Subject: RE: FW: Phot ID needed on Santa on CCVFD Firetruck Hi, can Iget a copy of the last council meetings minutes? Also an agenda for Wednesday if that is possible. Original Message ----- From: virginiah To: "Ray Osborne' ) I 12/21/2005