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HomeMy WebLinkAboutAgenda Packet 09-28-2005 Ariiglik ( City of Cape Canaveral % PLANNING & ZONING BOARD REGULAR MEETING l( e Q �� CITY HALL ANNEX ill POLK AVENUE 0 \t SEPTEMBER 28, 2005 2 � "` 7:30 P.M. , • I\ p� ti Call to Order - / C, Roll Call91 \, NEW BUSINESS io 1 b 1. Motion Re: Approval of Meeting Minutes for September 14, 2005. 4 2. oor,0''l1Vlotion to Recommend: Special Exception Request No. 05-07 to Allow 24 Hour ' Lao ',,,),,r` On-Site Security and Outside Storage at (8708 Commerce Street- K.M.D. Ship , '� ` .►w c5 .431:1� , Repair) - Section 15, Township 24 South, Range 37 East, Parcel 764.0 - Kurt11 �✓` U Ronstrom, Petitioner, Lars Holfve, Designated Agent. \ 0 ,9A, 3r .1 Motion to Recommend: Special Exception Request No. 05-08 to Allow a 1�"' ,,I. Veterinary Clinic in the C-1 Zoning District, Section 23, Township 24 South, Range 37 East, Lots 1, 2, 9 & 10, Block 36, Avon by the Sea Subdivision - �� Christine Storts, Petitioner. tQ� o 0 4. Motion to Recommend: Special Exception Request No. 05-09 to Allow a � V 'L`�` Restaurant to Serve Beer &Wine at (7802 N. Atlantic Avenue - LaFiesta i�'Rsq4 ti'Restaurant), Section 23, Township 24 South, Range 37 East, Lots 9, 10 & 11, \p Block 25, Avon by the Sea Subdivision -Alice Fusillo, Petitioner. �� til Motion to Recommend: Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of ' 0. o$ Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Rge. 37E, Part of Parcel 25.0 -William Stephenson, Petitioner. ,4)OPEN DISCUSSION . -ir ADJOURN Pursuant to Section 286.1015, F.S.,the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. 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. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email:ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on September 14, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Donald Dunn 1st Alternate Shawn Schaffner 2nd Alternate MEMBERS ABSENT Alice Filteau OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tern Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: August 10, 2005. A motion by Donald Dunn, seconded by John Fredrickson to approve the meeting minutes of August 10, 2005, as presented. Vote on the motion carried unanimously. OLD BUSINESS: 1. Recommendation to City Council Re: Establishing Time Limit(s) for Length of Stay - Amending Ordinance No. 06-2005, Amending Chapter 110, Zoning, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney. Todd Peetz, City Planner, advised that staff was still working on establishing performance standards and restrictions. He noted that the City was waiting to see what the County adopts. The Board members reviewed the City's draft ordinance. The Board asked the Secretary to look back in previous meeting minutes to determine if the Board already made its recommendation for length of stays. John Fredrickson inquired why the City Manager did not forward any information to the Board regarding number of complaints received and the number of rentals throughout the City. Leo Nicholas commented that the City is being influenced by what others are doing. The City needs to evaluate and decide how they want to restrict rentals. He noted that the Board should look at the severity of complaints and not be influenced by the number. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 2 Chairperson McNeely advised that the City has a very strong and enforceable hotel ordinance. She voiced her opinion that the City does not want "mom and pop" type rentals. Donald Dunn commented that the City should stay a residential community. He believed that existing rental establishments should be grandfathered and new rentals should be more than thirty days. Lamar Russell advised that the City needs to enforce its enforcement standards. He commented that he would rather see people not rent in residential neighborhoods. He questioned how the City can enforce length of stay. He advised that if the City changes the length of stay, then an amortization schedule would need to be established but, he prefers grandfathering existing rentals. Shawn Schaffner agreed with grandfathering existing rentals. He voiced his opinion that he does not want the City to turn into a transient community. He commented that rental stays should be 30 days minimum. Tom Williamson, A1A Requisition Group, spoke on behalf of the Residence Inn and stated that he was asked to speak on behalf of the Radisson Resort, advised that it was disconcerting that the Board is considering changing the 60 day minimum. He further advised that when he checked with the City regarding building a hotel, he was told that he could only build a hotel in the C-1 zoning district on a minimum of five acres, and the City did not mention that you could have the same type of rentals in the R-3 zoning district. He noted that King Rentals, Royal Mansions, and Cape Winds are all advertising three day rentals. Todd Morley, Building Official, responded that Cape Winds, and Royal Mansions were sent Notices of Violation and came into compliance. He noted that the City now has weekend code enforcement twice a month. Bea McNeely commented that it seemed that code enforcement is not proactive, but rather reactive because it only responds when a complaint is received. Leo Nicholas suggested a rental tax be imposed to pay for an additional code enforcement officer. John Fredrickson advised that he wanted a report of all rentals in the City. Pat Rooney, General Manager of Residence Inn, advised that he had a feasibility study performed about two years ago, which revealed that there are approximately 6,000 condominiums, and over 3,000 of them are rented on a transient basis. John Trudeau, owner of three rentals in the City, outlined types of rentals vacationers are looking for. He commented that the City has a bigger problem with long-term rentals than short-term; grandfathering would save the City from any monitoring problems; and rentals are a decreasing trend because of increasing property values. Bob Hoog, Councilman, asked the Board to consider that when a property is sold, the grandfathering ceases for that property. He advised that all rentals should have a license. He commented that allowing single family to rent on the beach is allowing commercial on the beach which changes the use by commercialization on the ocean. Lamar Russell pointed-out that the City has always protected its waterways with solely residential. Leo Nicholas commented that allowing mixed-use in the City invites tourism. Lamar Russell commented that mixed-use would erode the residential use that the City has always protected along the waterways. John Anderson, resident, advised that his property is surrounded by rentals. Some have continuous problems, some do not. He advised that the City needs clear, enforceable standards with sizable penalties. He voiced his opinion that renting is a business and it should be registered, licensed, and taxed accordingly. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 3 Following discussion, the Board agreed that there was a lot more work to do before making any decisions or recommendations. They made a list of concerns, as follows: Length of stay per residential category (research to see if a definite number of days were previously approved); enforcement & performance standards, number of staff to enforce; licensing (all owners of rentals need to be found and notified); penalty provisions; cost of enforcement (salary to provide staff); daily tax and collection; tracking property sales with sundown provision(s) or grandfathering; grandfather existing rental arrangements; define number of occupants allowed; parking, littering, and noise provisions; placard inside the unit outlining standards of acceptable behavior, and a placard posted outside the unit stating the name of manager, emergency phone number(s), and 24 hour contact(s); register with the City; and owner's responsibility to maintain harmony in the neighborhood. The Board asked Todd Peetz to work with the list of concerns and recommendations. He advised that he would be attending the next City Council meeting and would update them regarding the status of this issue. Motion by Bea McNeely, seconded by Leo Nicholas, to instruct Todd Peetz, City Planner, to convey the Board's concerns to City Council at their next meeting and for the Board to continue this discussion at the next meeting. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Special Exception Criteria for Conveyor Systems and Encroachments for Conveyor Systems - Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the draft ordinance. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of the ordinance to City Council. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment Re: Variance Request No. 05-06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - 245 Challenger Road) - Randy May, Designated Agent for Ambassador Services, Inc., Petitioner. Todd Peetz, City Planner advised that the Board could deny the Variance request contingent upon the ordinance being adopted by the City or the applicant could withdraw the request. Discussion followed regarding when the draft ordinance would be presented to City Council and the earliest the Petitioner could request a Special Exception. Motion by Leo Nicholas, seconded by Donald Dunn to postpone this agenda item until October 26, 2005. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 14, 2005 Page 4 There being no further business for the Board to consider the meeting was adjourned at 9:42 p.m. Bea McNeely, Chairperson Duree Alexander, Recording Secretary 9 Meeting Type: Planning and Zoning Board Meeting Meeting Date: 9/28/05 AGENDA Heading Special Exception 05-07 Item #2 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL • SUBJECT: Special Exception Request 05-07 to allow outside storage of vehicles, boats, trailers, • camping and recreation equipment and 24-hour on-site security. DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny a special exception for outside storage of vehicles,boats,trailers, camping and recreation equipment and 24-hour on-site security. Summary Explanation&Background: The applicant is K.M.D. Ship Repair; they have requested a special exception for outside storage and 24-hour security as a result of a code enforcement violation. The property is storing numerous vehicles and equipment and had a 24-hour security trailer, without a special exception. The corrective action requires a special exception. 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 Code Enforcement Information, #6 Staff Report on the Special Exception. City Planner's Office Department: Building Department City of Cape Canaveral S :Ct d44110117\qa - O5'()r Building Department a --r— \ieaS Print Legibly lir Type) S- I(0_C p-er t€e.-. X 53 PCS, i2-- DATE rti.£ FEE i r"ui� c��r l.v�J�rvJl �.���b PECV'D BY: ('), ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST EQ E7T �`4`hour D( ' i� Sec�.t"d,lY "Ci O IT-s+ }U Special Exception is for what purpose (Brief Deseri don) pyre/ s/ �- 7 t //11,n I purpose -_U;./�p p 7t G^2 Li i ,P4 C;s� ij 151.9.4-1-. rk4-r'L for L/V` (stole 6 I V Y u.•e I 1. S. . ss, i Ic4 , •E, f,,, Gcr+-� / Address of request (if applicable) O C .1..t 4.1-- sT R€ET Leg-1 Des.,-rip+ton: Tor_ 141cckk Parcel 76/.6 Subdv Section i 5 Township 295 Range__59 E .__ STATEMENT OF FACT: State of Florida, County of Brevard; I -kut i=_ f',o-)S-rabeing duly sworn,depose and say that I am the property owner. I am the o,AtrieY(s)designated agent- (notarized authorization required) Owners) Name(s): 'KURT e. �^��*,\ 'Address: /_39 6r ct- C c.„60-- F`-- 3 -212_6 Home h.lne G 3 i~ i4 4-2-Work Ph 2 --ii.'c'14 E-Mail f<OS __. F ;( `Y.-v 1-i .,,1�;GT Applicants) Names(s): KU.rt E P6 os-t(o Address: SC' Gc,A/ c Hone Phone S .6.-3 `^ Prinne E-Mail All information, sketches and data contained and made part of this request are honest and a =. ,i1- be o sAr v o edge and belief. µit,\..v 11 k/if�(\f� �i8itature G1 1�Yp i„uxic 40 Sworn t. .n. subs lig before me on this ( ;f day of A-Lt_ L,..a�-- J 'TARP PfJBLIC•SIATE OF FLORIDA `°` �� L . •Y _ aooS 1 , f Susan L. Chapman Commission#DD384306 Notary Public,State of .,,,,,a" Expires: MAR. Floridaua23, 2009 Bonded Thru:Stiantic Bonding Co.,Inc. 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 PIanning & Zoning Board Meeting-,Request for Telecommunications Towers,,require a minimum of sixty (6a) days prior to the Planning &Zoning Board meeting_ The Board of Adjustment meeting will be CPt after the request is heard by the Planning&Zoning Board_ (A deposit may be required per Section 110-9) ) 4,C\ 2 .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 iiAU1UWU T1 of TI-dray (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 Sr Zoning g Board for and recommendation to the Board of A djuc tment The � c.VlLiil� study al.\.Valt•<LLalbl Gl LaVat 1Y 1... YVlaa 4a V 1a4liVJLLllI.a LL. 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 vR% Zoning Board holdsameetings 4th Wednesdays 7:30 1_ City Hall A___ .f.fti Y1,YY. A___._ Cape every month at p.m in the Annex, iii Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR To PROCESSING THE APPLICATION= If you have any questions, please CViLaLL the 'LLi.1uu_g Department at (221) 868-1222. \ r +D1ATE/ A 1. NA 7v1P OF A PPT TCA NT(S) K1/4.3 - e . ti M ADDRESS (if assigned) 8;408 > �zl . f" PHONE # l�`� FAX# t CE-IvIAiL L. r"'.L II..T BT.L T L' °A T T-I ci-'i'LA A Af IRT OF A £ '..AYu T A. R.. l,- 1YLi L 11; I�.Lit.3L7 V ,a\[a 11. a+{ a 1 Lava .L..a�a a. F GOVT LOT: 3 BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT P1PERLx IN AGRES: ' ar w I -I B SEr'TION: I5 T WNSHTP ) "'17 A.NC„E ?i)F J 1i t..1 1 V L V. � a 0 i Y a h va ut vs DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS Q-yrN TTT k'E Aivu LE, ARTICLE X,SECTION 2) • 4. COMPLETE THE ATTACHED WORKSHEET TN PUT T._ (TNCOMPT.RTF APPLICATIONS TVI „ RESTJ TrL m LPJVTTAT OF, Ec'UTrS ) • 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) • 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE L►??AWING(S) ST IOWING-THF MT T.(OWING WHERE_APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and t.VllY L.a LLv.i 4•- f fic o flow and cntrolj merand emergency access in cage of fire "ence, t o � or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue v noise, glare, odor nr detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably 7_ reasonably y providded to serve the proposed development.r_„__--__ proposed uL��l.,pj�Ler11. (d) Adequate screening and/or buffering will be provided to protect a<r1d 1 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 nr 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 cti7b t0 (a) and (o) above. (g) Required setbacks and ether open space. (h)Height. (i) T.andscaping_ (j) Renewal and/or termination dates relating to a lease, if applicable. (k) �F'f'.�i- the proposed use will j...-. 1.] `]_i u+a. be LCaNIVLLavly c invd able with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to Iand values and any other facts that may be used to measure or determine compatibility. %vlijpauvul:ly. PLEASE NOTE: in granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions; stipulations and safeguards to ensure j ..�,safeguards conformity with the foregoing. J STATE REASON FOR REQUEST(attach additional sheet if necessary): FOS 0IATS UDE 51-0 AGf i� ,'T-r L avficwoirttie vehte.�, Camp '6ktp+rruwn4, boaf 5, frailer, µ rect-ecctioii \ e%clitomerrfj cu d z9 hoer on-* TT-TP FOLLOWING ENCLOSURES ARE NNNPPr)Pn Tel COMPLETE THIS A TIM Tt ATTr".. T. .r11 1 i-Lo kn.1 1'11 N. *PayFl rm�aipt Frnrn fnr rc0.00, 1,-App1i`a4-..on Fee. * Paid receipt from Finance Department for Deposit; if applie hlw, (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request; together with the x�c'uite5 arid maiaixig aduleDo+Ga (Li'exuding Zig i_vuc,) u1 all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. r^rliea (This cars be r:l,�,ner1 from fhe T.-- csessor', "f4.Lco\ The list 1545.41 LL✓. \AA l✓ L54&. 5/..r 5a.5aa 545.4 from 454 AA WL? ..UOSJS J V1115..t_.) J114G shall be legible and the source of the information submitted stated here: Thic information was obtained_frnm_ A property map showing properties within the 500 ft. radius, clearly outlining the subject property. property: The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. n s n__ __ T�._.___ __ not ._ _, 'ay the applicant, Power _!' Attorney _ .____ __ _ 1 i. v'vriere .Property is nnot owned vy rue appuc ar t, a rower or Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 1 1 1 8. Copy of recorded deed to subject property. 9. Completed) worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged_ • NOTE: Application fee of $250,00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant written request minus all associated costs. applicant upona ri /rt r'ADC!'A1�TAZTCT?AT VL 1 V i' �..r11 aJ`.1 u l i♦Lli1 S V SPECIAL EXCEPTION WORKSHEE The purpose of this worksheet are two-fold.: (1) to assist the Planning and Zoning Board and the Board of rA-adjustmeni in the evaluation of allcriteria relevant to the apprrlica ion- -•, 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 accept abic-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 storm-water runoff that would notvbeen seated the property bee developed as a principle use in the applicable zoning district. ct. N0 2) Will the Special Exception create any unusual police, fire or emergency services? Q P Yg-__y 3) Wil the Special F_.xc,eption 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.? y Art r.. there ..t,, to "res and egress, with particular reference to tit ari '1) is there adequate iia�la.ssauto d pedestrian safety and convenience,•baffic flow and control, arid emergency access in case of fire or medical emergency? yES 5) Is *here adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoiningng property owners? 1 zs 6) Is there adequate and properly located utilities available or may be provided to the proposed development applicable)? reasonably serve proposed (ifrr"""" '/' Ytg 171, Is there 'dequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? `/E- Are A re and lighting, f any, designed and arranged so as to 1-110 jl�ia5 exterior promote traffic safety and to eliminate or minimize any any undue glare, incompatibility, and disharmony with adjoining properties% YES 7 f 9) Is there adequate refuse and service areas? 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? yE 11) Is the proposed use compatible with surrounding uses in its function; its hours of operation, uhe type amount of traffic 5%IricratC U, L)LiLLLL. Csize and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? Yt—C 13) Is the Special Exception consistent with the intent of the zoning district with_.�hich the Special Exception is sought? 14) Has the petitioner met the minimum requirements for the requested Special .LAL.c}l uVll ai L%.L ucll LLJiI LLaL'Eu ci LLi LL II Lc1 tL to the Special CU J, AL.I lLiOii which will not adversely affect the public interest? ''YES 15) Should the Special Exception be c...'.i � limitations, Should Special Exception granted with any noted limitations, restrictions/E- 16) and%or conditions? • t. Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? '/ES (60771) 41111 y- IIIIIIIIIIuIIIOIIIAIIIIIIIINIlVIIIII IIII III IIIIIII II III IIIIIIIII 1 CFN 2004295991 09-16-2004 10:08 am OR Book/Page: 5360 / 8869 �r THIS INSTRUMENT PREPARED BY&RETURN TO: Roy A.Alterman,P.A. Scott Ellis 2115 Palm Bay Road,NE,Suite 1E Palm Bay,FL 32905 �i u ts,Brevard County #Pgs:2 Clerk Of Co#Names:4 Trust: 1.50 Rec: 17.00 sem 0.00 PARCEL ID NUMBER(S):24 37 15 00 00764.0-0000.00 "- 0.70 'Excise:0.00 Mfg: 0.00 Int Tax:0.00 QUIT-CLAIM DEED �j )(�I 2004, by KURT E. This Quit-Claim Deed made on this /) day of \ RONSTROM, a married man,hereinafter called the Grantotf)KURT E.RONSTROM AND NORMA L. RONSTROM, in their capacity as GRANTORS AND TRUSTEES or their successor in THE RONSTROM FAMILY REVOCABLE LIVING TRUST DATED JULY 8,2004,and all amendments thereto with full power and authority to protect,and conserve,to sell,lease,encumber or otherwise dispose of the real property herein conveyed,whose post office address is: 3395 Grape street, cocoa, Florida 32926,hereinafter called the Grantees. (Wherever used herein,the terms"grantor"and"grantee"shall include singular and plural;-heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth,that the said Grantor,for and in consideration of the sum of ten dollars($10.00)and other good and valuable consideration, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged,does hereby remise,release,and quitclaim unto the said Grantee forever,all the right, title,interest,claim,and demand which the said Grantor has in to the following described lot,piece,or parcel of land,situate,lying and being in the County of BREVARD and the State of FLORIDA to wit: Commence at the Southeast corner of Section 15,Township 24 South,Range 37 East; thence run North 0° 50' 54" West a distance of 2828.19 feet; thence run South 52°38'50"West and perpendicular to the right-of-way line of State Road#401 a distance of 598.72 feet to a point of beginning, said point lying on the Northerly boundary of Canaveral Marine, Incorporated, as described in the official Records Book 436, Page 130 of the Public Records of Brevard County,Florida;thence continue South 52°38'50" West along the said Northerly boundary of Canaveral Marine,Incorporated,a distance of 261.47 feet to the point on a curve,said point bearing North 52°38'50" East of the center of the following described curve and lying North 37°21'10"West a distance of 147.58 feet from concrete monument#982;thence run Northwesterly along a circular curve diverging to the left and having for its component parts a radius of 118.80 feet and a central angle of 45°14'28"for an arc distance of 93.81 feet to a point of tangency; thence North 82°35'38"West a distance of 34.01 feet to a point of curvature;thence run Northwesterly along a circular curve diverging to the right and having for its comonent parts a radius of 130 feet and a central angle of 22°43'49"for an arc distance of 47.61 feet to a point bearing South 30°08'11"West of the center of the aforedescribed curve; thence North 52°38'50"East and parallel to the said Northerly boundary of Canaveral Marine,Inc.,a distance of 347.13 feet;thence South 37°21'10"East and parallel to the right of way line of State Road#401 a distance of 147.58 feet to the Point of Beginning, and containing 43,560 square feet. Subject to that certain Easement in favor of the City of Cape Canaveral granted by William J. Alkire and Patricia L.Alkire,dated March 26, 1975 and recorded May 15, 1975 in O.R.Book 1528,Page 661, Public Records of Brevard County,Florida. Subject to zoning,restrictions,prohibitions,and other requirements imposed by governmental authority, matters appearing on the plat or otherwise common to the subdivision,and public utility easements of record. Win• a-- 1, Subject to taxes and special assessments for the year 1986 and subsequent years. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity,and claim whatsoever of the said Grantor,either in law or equity,to the only proper use and benefit of the said Grantee forever. In Witness Whereof,the Grantors have signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: •WITNESS KURT E.RONSTROM e_o.,0 -0,1-\k_-No ca. Printed Name " WITNEs7 sly`*✓ ka5'e6s 111111111111111111111111111111111111111 Printed Name CFN:2004295991 STATE OF FLORIDA OR Book/Page: 5360 / 8870 COUNTY OF BREVARD I HEREBY CERTIFY that before me,an officer duly authorized in the state and county aforesaid to take acknowledgments,personally appeared KURT E.RONSTROM,a married man,to me known to be the person described in and who executed the foregoing Quit-Claim Deed and the Grantor acknowledge before me that the Grantor executed the same. The Grantor is personally known to me or presented the following identification: WITNESS my hand and seal on ' ,2004. ',.Q_)2 (,p_, (1)/Y11 g,"`'••% Debbie Kessler ��, '. MYCOMMISSIONY CC952677 EXPIRES Notary Public 1 ? July 16,2004 MY COMMISSIO EXPIRES: ?.'hy„1;,•.•• DONDED1HIV TROY PAW HIUWNCFDC This deed was prepared without a review or examination of the title to the above described property and no opinions or representations are being made either expressly or impliedly by ROY A.ALTERMAN,P.A. RADIUS MAP dTu MS / / ' ------- i / / / II --k.,., III. di r � ' OAR u, 1 Fil , r 24 1lMIIMMI e‘ v ,r4 0 N'' at 9:4/ a '' -,pt is 1111 .10 "fit BI.V�.►r ..... ., .. • IP I DR I El S# F \ IP ....- \ Brevard County Property Appraiser:Jim Ford BUFFER DISTANCE 500 FEET APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE IS 1:6000(one inch=500 feet) RONSTROM, KURT LEGEND: This map was compiled from recorded documents and does not reflect an actual survey.The Brevard County Board of Commissioners, AS Notification buffer OWNER NAMES)/ADDRESS: Property Appraiser,and Geographic Information Services do not assume responsibility for errors or ammissions contained hereon N Parcel/lot boundaries Produced by:Brevard County Planning&Zoning Office—GIS,August IL 2005 Numbers on map correspond to mailing list Pmj.f102-RONSS00 mocha-Lcow 10 l" d ? Y. x� t Ati 64pCE q,�Y, �# �i , _i•i __�( ,R9 City ofCape Canaveral lik A S Y. August 19, 2005 CITY OF CAPE CANAVERAL NOTICE OF PUBLIC HEARING € cam x�'' K �44:1,-,:„,' � . J Atte" THE ADJACENT PROPERTY OWNER(S): fuI Y , ,f ! `' Special Exception Request#05-07 Notice is hereby given by the City of Cape Canaveral, that Kurt E. Ronstrom of 8708 Commerce Street, Cape Canaveral, FL 32920 has requested a Special Exception for Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers and Recreational Equipment; and 24-Hour On-Site Security, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110- 354(C)(1) and 110-354(C)(12) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, Parcel 764.0 (8708 Commerce Street, 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, September 28, 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 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 1 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, CMCI v, ;ity Clerk \ \ __,---- --- \ .. \____ '47 /4,L-71---fr---------1 __,...--) -"S\:--->') • \ _____- L. zaa?-1 00078a.o-easdo i \J � � r i t t 3 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 GP ..aephone: (321) 868-1220 • SL NCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 5 , ,sa4, d 4ii 4 City of Cape Canaveral 41,_. ........mr„ .7.4_,, , .-I ..4 /4.444'.:±..-. ;sem-94_ 1 �� � ' E6 ,rCAP---------a- ,6,„ ; .. " 0moo- CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Case No: 2005-00019 Complainant, v. Owner of the property Kurt E. Ronstrom Respondent(s): Kurt E. & Norma L Ronstrom, Trustees PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to$500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8708 Commerce Street, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Kurt E. & Norma L. Ronstrom, Trustees 3395 Grape Street Cocoa, Fl 32926 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 9 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com p 3. Description of Violation(s) at Property: • -- Sec. 110-354. "Special exceptions permissible by board of adjustment". (a) In the M-1 light industrial and research and development district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (c) Special exceptions may be granted for the following: (1) Outside storage, as provided in section 110-566. -- Chapter 3-4, Section 181; "Storing, Parking or Leaving on Private Property" No person shall park, store, leave or permit the storing or leaving of any abandoned property or inoperable motor vehicle of any kind, whether attended or not, upon any private property within the city; except that, with respect to an inoperable motor vehicle, such vehicle may be parked, stored or left on the property for a period of time not to exceed 72 hours. The presence of such abandoned property, and inoperable vehicles, or parts thereof, on private property is hereby declared a public nuisance, which may be abated in accordance with the provisions of this article. Chapter 110, Section 551; "Location of Recreational Vehicle, Camping Equipment, Boats and Boat Trailers" No person shall occupy or reside in any travel trailer, camper trailer, camper(truck mounted), motor travel home or tent in any location within the City limits other than a duly licensed and approved trailer park. 4. Recommendation to Correct Violation(s) described above: A site visit revealed several recreational vehicles (RV's) and boats (some without current tags) being stored on your property. There is electric and water hooked up to one of the recreational vehicles, which indicates that someone is residing in the RV. Research of the City records revealed there is no Special Exception for outside storage of recreational vehicles or boats for your property, therefore you must apply for a special exception or remove the vehicles. Please be aware that your property is not a licensed or approved trailer park, therefore residing in the RV's on your property is strictly prohibited and must cease immediately. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code_Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. 1 ---) � 1 7 /uree Alexand-er _____. Code Enforcement Officer Date: 3/09/2005 .. �+ 'V'''.� Af" } � iYiM Y „+ yXgtyP�'•� .. �tessPrt '' i 'W3•;Fn§ r ,' x ,,. < e -r uta,.. 1Kp 41.77, 7f *r-fke,zed,,,r7� 1 , LS`Tt k�f"� S �i 14 Fi i�u{�� "T A ' ' ' \ -"j F� t k,S# '"*'1i , YT+:r. ii.:4„, fi-' 'fid`+1 r.�41, 1 S sH * 9 'ter �___ 44 Y ',';nn , ..k r- b �4.,.. p VS—_ t �. Y ,,..3„, 'at 'M, y� � x 1 it. ' " fs' Ad X24 y S l f �"'� 44 #e k t �.,r .-rt 4i,a '104'.. * • IN .� • • •r „q'�3 ' e k l ; x + ...;..„.-T.,,,,, l :HS4 ' x c�� • a t 4.. 7.,....: ,,,, ''''',1:::7,,,,;I I, •": ''.... .' :'- .f'''''',:!: A `..;..0 ' 'f,....-:t•, i , 1Y" '.-';V" lm'�Y d a pr :'. i ..;14,•;.,1",:, ¢ Y1` S •Y4 .-.'/''-';'''' i' inii 1!� til,��/ .'Yt'tw'- pp y tF -.fr ` ,yYk A } ° - ' r ,a = fi a ..; +y team-+# .x r. ' I s 1 aa Tel; ;10,4} y� U " ''';101.i1, :.:411 '�,'4.5 '� r i5� } a -. ` s � i* ,,x t. .. � y y , •� ar 4. • i ppp • .r...,-41 orrtftfli—iiiiikalapab ",• . 7,,,-, ,,,,, - .1..,...4,:akwil...,,,, _. , , , .. , , , . , 4/4. L -.-7."'" ',-'..,--.-,''-' ' -,.u...*....: N....' - 1 . I A . 0 ... rXF�+•Y'-'.YtlP* Nigel 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. This review by staff pertains to the K.M.D. Ship Repair property owners and their wish to obtain a `Special Exception'for the outside storage of vehicles, boats, trailers and trailerable items with 24-hour security. This request is the result of a code enforcement action and the activity has already been occurring. The applicant did not provide a conceptual site with the application. 2) Will the Special Exception create any unusual police, fire or emergency services? The uses are occurring and the request includes a security trailer. The use should not create unusual requirements for 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.? It cannot be determined if the lot requirements can be met, a conceptual site plan was not submitted. This is a pre-existing use, based upon the photographs from the code enforcement case would indicate that some buffering may be necessary. AIsoXX requires that with outside storage of vehicles, boats and trailerable items that they remain are operable and tagged appropriately. If vehicles are not in a maintained condition or properly tagged then those vehicles should be removed from the property. 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? As an existing site it would appear that there is adequate ingress and egress. 5) Is there adequate off-street parking and loading areas available without `w creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? It is unknown if there is adequate parking on the site at this time. The photos illustrate the visual impacts that the surrounding properties are impacted with. 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. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The property fronts on Brown Circle in the industrial M-1. Since a conceptual plan was not submitted it is unknown whether they need additional buffering. 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? This is an pre-existing use in an industrial district with the exception of landscaping it would appear this use is consistent with the district. 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? It is unknown at this time whether the site meets all land development requirements. 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 site is a pre-existing use, there should not be additional impacts with traffic. 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? 2 t� n .� This special exception request can meet the requirements for this zoning district found in the land development code. This can better be determined with a concept plan. 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. w 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance . Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C1 • Cl C1 C1 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 �� s;�, ��a �n�, "� � ��3 Zak 3z-.,�111 � Ii UB G 3000—SE, �I ABLE 4 3 � � W � ...�N,z4 .av4: >> ��,. .ra-z ird 33 ,3„NSx."v-G��y, .*a'=t ,�..R��'�dx�.;N; �'�I, 33'� ,h"x:� Code Sect. Applicability Yes No PARKING 110-491 LOADING ZONE NA SETBACKS (A1A Ridgewood/Astronaut) NA LANDSCAPING 110-566-567 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: ic' 4 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: September 15,2005 RE: Special Exception for Outside Storage of Vehicles, trailers and trailerable items with 24-hour on-site security 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 permitting process for compliance of all local and state codes. 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. Meeting Type: Planning and Zoning Board Meeting Meeting Date: 9/28/05 AGENDA Heading Special Exception 05-08 Item #3 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception Request 05-08 to allow a veterinary clinic,Atlantic Animal Clinic DEPT./DIVISION: Building Department 11111 Requested Action: Recommend to the Board of Adjustment to approve/deny a special exception for a veterinary clinic. Summary Explanation&Background: The applicant is the Atlantic Animal Clinic they have requested a special exception for a veterinary clinic. They wish to relocate their existing business one block north. This requires a special exception. 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 City of Cape Canav( ,. ,. Building Department. . , (Please Print Legibly or Type) C( � � � �� DATE FILED 8-�1'1`b5 FEE PAID0a5O•a0 DEPOSJWO A7 1 V r ece 5 RECV'D BY: S ($250.00 Filing Fee is non-refundable) 11 5. 11 t• pIQC'� 'C (C.4edc- aanourrl- ti6!5. a5) NATURE OF REQUEST I Special Exception is for what purpose (Brief Description) To allow Veterinary Clinic_ ,-,- •,,c, ;u:, in C-1 Zoning h, Address of request (if applicable) Legal Description: Lot 1, 2, 9, 10 Block 36 Parcel Subdv Avon by the Sea Section 23 Township 24 Range 37 STATEMENT OF FACT: State of Florida, County of Brevard; I Christine M. Storts,' being duly sworn, depose and say that: I am the property owner. V I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): Wexford, Inc. and Michael Barry Address: 811 N. Atlantic Ave; Cocoa Beach, FL 32931 & 1100 Atlantic St., Melbourne Beach, FL 32951 Home Phone Work Phone E-Mail Applicant(s) Names(s): Christine M. Storts,DVM Address: 212 Fillmore Avenue, Cape Canaveral, FL 32920 Home Phone(321) 783-7188 Work Phone (321) 784-4248 E-Mail CStortsD@aol.com All information, sketches and data contained and made part of this request, are honest and true to thbest of my knowledge and belief. Signature of Applicant Ar Swo-n to : d subscrfb j i-fore me on this /• d" a ( " -/- • ' {, �,- 1,,Y Py' RONI M.BAUER i-AGL ,,q ... !• :r MY COMMISSION#DD 211018 ?..-1 EXPIRES:May 17,2007 N•,tary Public, State of Florida ., R. ,' BondedThruNotaryPubicUnderwriters he 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) • 0 P:105-00591Application Special Exception.doc Qi1H.-\\I \ City of Cape Cana` ).1 APPLICATION FOS.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. TAT <>< >> >> >> 1. NAME OF APPLICANT(S) Christine M. Storts, DVM ADDRESS (if assigned) PHONE # (321) 427-2262 FAX # (321) 784-4340 E-MAIL CStortsD@aol.com 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: • LOT: 1, 2, 9 & 10 BLOCK: 36 SUBDIVISION: Avon by the Sea PARCEL: 24 - 37- 23 - CG - 00036.0 - 0001.00 & 0009.00 SIZE OF SUBJECT PROPERTY IN ACRES: 0.57 SECTION: 23 TOWNSHIP 24 RANGE 37 DESCRIPTION: Avon by the Sea, Block 26, Lots 1, 2, 9 & 10, Plat Book 0003, Page 0007 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Article VII Section 110-334 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.) C-1 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 P.105-00591Application Special Exception.doc convenience 1.ffic flow and control, and emergf / 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. (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. (j) 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): To allow Atlantic Animal Clinic to relocate their existing clinic to the subject Property (Zoned C-1) and construct a new 4,060 sq.ft. clinic. A P:105-0059IApplication Special Exception.doc THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for$250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: Tax Accessor's Office A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of$250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. P:105-00591Application Special Exception.doc Prepared by" \Kathleen DeLarmi Security First Title Partners of S.Brevard,LTD. 600 Sarno Road,Suite 20 Melbourne,Florida 32935 File Number: SB04406 • Scott Ellis 11111 II Ill 111111111111111181111 INAl11 II Trust: 1 00 nn O#Ree e5g 00f Courts, vard Servt 0.00 CFN:2004260173 08-11-2004 ,- 1,400.00 Excise:0.00 OR Book/Page: 5347 / 1291 Mtg: 0.00 Int Tax:0.00 General Warranty Deed Made this August 5,2004 A.D.By Gerald F.Sale,a married man,,hereinafter called the grantor,to Michael Barry,whose post office address is: •1 — ,, __ .• _ _ -_ . hereinafter called the grantee: 32951 (Whenever used herein the term"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 the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other 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: Lots 9 and 10,Block 36,AVON BY THE SEA,according to the plat thereof,as recorded in Plat Book 3,Page 7,of the Public Records of,,revard County,Florida. Said property is not the homestead of the Grantor(s)under the laws and constitution of the State of Florida in that neither Grantor(s)or any members of the household of Grantor(s)reside thereon. Parcel ID Number:24-37.23-CG-00036.0-0001.00 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 claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2003. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: i_x...) ,-4-x0-k f )(:(--(-/7Z( ` d (1 � � (Seal) noLi }, �(/4 'Gerald F.Sale i Witness Printed Name /C/�P~ ,[ / Address: f/ttio . •, i ' n�(�1• 1' 1W(_--) /� (Seal) • Witness Printed Name / )d( 1 J 'MOI-71 Address: State of Florida County of Brevard The foregoing instrument was acknowledged before me this 5th day of August,2004,by Gerald F.Sale,who is/are personally known to me or who has produced < 4, ,t o to/ No ry Public Otit Print Name: i Kathleen DeLatmi GN"_ MY COMMISSION k DD 261325 My Commission Expires: -• +,�•a: EXPIRES:November 8,2007 STATE OF FLORIDA, COUNTY • BREVARD '•?'o.,,d, Bonded mNNotary Public unaeesmers ye COUf2j `)AP euro I HEREBY CERTIFY that the above and f•regoing is a6 t true co of the original filed in this office /'� o S OTT"ELLIS, C k Circuit a • •unty Court DEED Individual Warranty Deed With Non-Homestead-Legal on Face \ f�,' .rl Closers'Choice F'dr ' ' ', e..../7- / OGZS g Pir� Q Owners Michael Barry • 1100 Atlantic Street Melbourne Beach FL 32951 Tel 321 212 8568 John and Mary Nolan 8961 Lake Drive#303 Cape Canaveral FL 32920 Tel 321 783 7492 To: The City of Cape Canaveral Re: Sale and Purchase of land Lots 1,2,9 and 10,Block 36,AVON BY THE SEA as contained in Plat Book 3 Page 7 of The Public Records of Brevard County, Florida, Buyer: Dr Christine M Storts 7510 N Atlantic Ave Cape Canaveral FL 32920 Tel 321 784 4248 August 8,2005 To Whom it concerns, We as owners of the above mentioned property, certify that we have appointed Dr Christine M Storts, Doctor of Veterinary Medicine,to act as agent in the process of requesting an exemption, as per the Zoning Requirements of the City of Cape Canaveral. I f any more information is needed to further assist this process please contact any of the owners and we will only be too willing to help. Signed, Michael Barry - /`""G 46-6(:4;. John Nolan 9)\A Mary S Nolan SQ � ROGE�.„�R A.BENRENS Fr , Coming 000370= Ernes 11111,00E ' Bonded enY °. _ .. .tan,Atm.,Inc _LPty moi/l P • f\t4:1014##:';;:A,Rr, -;r4,7. 1ffiF0-17_74.m—gpli t'':i",'iitf,'LclifofitiitRO*k: 'JV,ry (0sy, j Iii J IT' - 11 lia 4 tr d !If i. ilk J 3! A 19 r' yr , jj 1 , '1 7� " aY t' 4id . 34,u,J�' e . , 7, �'sry, 4, ,@. 17 V 4 rye& ? i' #0.kw��i h i d , f r , r (. EXHIBIT ATLANTIC Stottter Stagg �c Associates ANIMAL CLINIC Architects Engineers Planners, Inc. 8880 N. Atlantic Ave. Cape Canaveral, FL 32920 COMPUTER FILE PHONE: (321) 783-1320 FAX: (321) 783-7065 ` DATE: 08/08/05 RENDERING.DWG www.stottlerstogg.com el COPYRIGHT©2005 STOTTLER STAGG & ASSOCIATES Proposed Atlantic Animal Clinic Site Existing Conditions X a` r' •• • ri.•• r i a x L f _r'a � 3 Y T3`Y1x{}Y k' t '•� • .' ,,,.* Y a�,R,k Fr S' h ! h f 1 rLC 'yfiw Yf9 � "4 t. 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(2.•••• : d: •. ): '4 *—....:- ' :; 1 .0.11 , • J 1 • �f - •� a ,.j:ti .F k . ky... . . t• ..... .. . .(ic,.-2 . . /‘ Lt1.1 • !1 � 1/ re kiii ! 7 . i ,, . .....). .t. e ` J� //: • -.�.�•:. J ,. ._„.....,„„._ ,..„....,......,:„ . .., ...,,,;--,. ,,,,Ty, 1 1 . , , i ., i ,. .._._,.., , , . ..,.,. . , iti__ ..) _ •,..,,, , • . 4.• : I 1 . 4 t 5 c, . .r;... ., .,_........,..t., ...,„, r�r 1.. .. 1 rr' } f —ri } tj j Ar 17 = 1 I 6 ; B S' S IIT 1 12 a 6 7 19 10) 1 2 6 - 1111 A a� t+l L',A4- xAc'. !�1 ryy IASE it 15 1.q 2 _5 d q T1 -•a ll 9 10/ll 12 20 14 15 285 �7 0 99 1 11 12 3 14 cwxavawy q c 16111.4013 I MONROE AV 291 1 • I x• DR I I 5 7 1 9 4 9 0 7 1 1 p/l -....PF2A9E 11v 8 ( 6 ^n - = 9 25 12 13 I- 9 la P-alztt - a 12 14 15 16 284.1 = r a ■ ■ IV PHASE I 6,4.9€1 _ JACKSON AV ,iemo PHASE H, = 1 5 6 7 1 3 4 5 6 7 0 - = !33 #134,3 = 1 131Ci 14 B t0 71 12 IS "'IT II 265 SOO FEET -P H'•BISON AV (ANY K Jl' A = T '-- 267 = 1 3 4 b 0 7 8 1 8 1 14 6 6 7 B 1 E 3 6 Cl _ g 3 6 . UO1'Ah1L 04 K o = 9 1 13 12 13 14 16 16 9 61 1' 12 14 IS B 10 I ll 82 .277 I 275 272 271 1270 230 269 I 7 * '!V III'" ;I NII 11: al - V•r.•S11:Iiil 'ly, ���+++111HHH • ' - YLER AV s�vt� X22 - w }t - tII,II.' ,i' "-'1: „e I_rtt,,,,,,Y1+. = I b 9 61 ,. j 4 5 6 7 8 I 3 M s VI e r, ZONING- y - •6 C nn, Cl, �p W n1 A� HITCHING POST rp = 9 ,� e 4 13 14 16 z 9 Ii '117 281 CAISE CANgV£Rq 1 t RITCHIE AY IfPOLK AV c v' R2 1 121 3 4 101 z= 1 r 102 48 .282 y= 4 U- B I 12 13 OCEAN PARK a u, Z= hll) f 47 rveJe J_ I 5 - TAYLOR AV I I I I 11 OCEAN PARK CONI e EXHIBIT 1 ZONING AND Stottler Stagg & Associates 500 FT RADIUS a Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 ` DATE: O8 0� COMPUTER FILE PHONE: (321) 783-1320 FAX: (321) 783-7065 N. / OS 500 ft zonin_3/ www.stottlerstagg.com COPYRIGHT©2005 STOTTLER STAGG & ASSOCIATES ATLANTIC ANIMAL CLINIC q HARRISON AVENUE ASPH PAVEMENT -- -_---�- ----- 2. "MI,6MI" CURB iUP / \ 1' � �' � � IIS, A ii_ — �HUU I I 2 " \� 8" PALAi.•q-,, 1� I 1 ,3)16"/PA.LA, l - `1 i 1 co(I) \— 11• P<LM ?Y2o 1 / N. 'A X LOT 2, BLK 36 !'- m °- II I I 7 Jit AVON-BY-THE-SEA 4- �-m tri it J �� B 2.,-PG 7 it 1— I m 4i = I i,i f'J � c� \( X11"2" 1t►,2' PAI_' p a Z Box! TRAFFIC _ _. a j I MONITOR i .i-'" AK 1 Co ORC�1 I ?CX ...- / \ / — rJ \ < A AIN LOT 1, BLX 36 / • \ GNTF 01 I A'ON-BY-THE-SEA "-•f \ U tiOX I D �'�3, RG 7 r$':,, ,IA ; ` E IJUF / _+ ;,v 1117.'"---- _. C)E;Vv i2" V;AL —,ter, \tIP DEMO TREES �. REMOVE IXISTING `: / OAK PALM Q 1 t LOT 9, BLK EE 36 - LOT 10, BLK 3kF� 18w 14w Z z I AVON-BY-THE-SEA AVON-BY-THE-SEA w ;L I I PB �,�f'G'/7 PB 3, PG 7 M co 12 Q 12' G , 1 4„ PALM f 4 I \ Y t li Y 6 12» i ��� , 7„..r..,...,...4„,/\ 1\ Ir=a _o r--a 12r i ,/ / y OAK \ \ \/1_r — I 11"' 1 10' /A.Li(�ii 1 . \ \ /'Om''' tato-v) w 14" f J Im -Jlm 8w I i ` \ ^\1' OA / ISO a N O tl 12w ; Y2"/,phu.f - -"1} PAU \ '-a \> I • ,' a,:'w 0" OAK a 12' I - / Iii" 4-A„,,-.4'. f '7G'. 4K / 1/ �? W IALA TOTAL = 18 150 li 1 AL , t�F-.�rY \\,vl I \ £, ?.k/ �ALAi / i Ls I I L \,�o,, _' .. _. `A`,- ;%c_ OA> 1 --0Hw_\ __----- 67,..,--..._. er a.- : vf-t - I i C,_ 1 `� _-- y n 1 y''.SPH PA`._WIE � F47AM!" Ci.JRr C- -5: I E _ Sa,AH Lij I iT'YLER AVENUE _ s I.,�----_--TSAW-aft:AND EMQ.V�----__—-__-_- 74 - -"� --EXISTING-CONCRETE--SIDEWALK--------- el EXHIBIT DEMOLITION PLANStottler Stagg & Associates J Architects Engineers Planners, Inc. 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 COMPUTER FILE 8/9/05 PHONE: (321) 783-1320 FAX: (321) 783-7065 DATE: DEMOEX.DWG www.stottrerstogg.com COPYRIGHT©2005 STOTTLER STAGG & ASSOCIATES a.16vJ.Agit r Oto }3 4 4�ClE A��rFY f� J t ��,�.z s'� 9.71 4-T4 l' II iti�' 'Cr_ � Cityof Cape Canaveral �5 _ li =fib 4 7i- J fyH .v r �,�' August 19, 2005 r , . ..cm of -s,5.� } CAPE CANAVERAL NOTICE OF PUBLIC HEARING I TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-08 Notice is hereby given by the City of Cape Canaveral, that Christine M. Storts, DVM of 212 Fillmore Avenue, Cape Canaveral, FL 32920 has requested a Special Exception To Allow a Veterinary Clinic in the C-1 Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(C)(1) for the property described as follows: Legal Description: Vacant Property Located at Township 24, Range 37, Section 23, Subdivision —Avon-by-the-Sea; Lots 1, 2, 9 and 10, Block 36 (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, September 28, 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 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 nccd 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 - l$! i"I"I '" ! !'!"va'� JACKSON AV City Clerk �1 7,...i....,._i v 1"H I ,i}I}i tis Ta � 1i" !,l I , I 1}i" t na NARRLSON AV , , ,.,�•',A". '-, I, aI . I.!}!}'.a s A 1 7) /1. m}CARVER STS } I I ! i) i� J }:n} iii !,} ,. ` 1 fi �a4) , iE 1 �!G� 1' I --Tyi , l/ 11d°.��$$a}�`u'!tej.,� lay 1 I I I 'Z I Ltri 1 I.i'.I, I tl • 'GING POST RID ; I l",. . "I"ini+ �,l V 'O I POLK AV _ ROCHE AV I —p-- a 1I ; .i M. 11— —71.1• TAYLOR AV — — 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 C" wvww.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com RADIUS MAP ► i ► Hilo ) I — 1 COLODRIA DR LxuNcs LA ADAMS AY 1 11111101 I LONG POINT RD LONG NDN XD - I 111I I JErFSIL90N AY I, I I .till-14. I i _ I I LADLSON AY I _ ='- I 1 _ I _ i I 1 WORM AY ..AYNIX/L 0X _.EWORM 5 6n n n n (i' [7( JACKSON AY 1AC69OX AY � — r — — i`� II 16 15 14 16 Ja __ 19 19 t 26 a I )/' 9 a4 25 24 a5 7l`2l I 6 XAIQXSON AY — LnR4439 1vmr n q� :� i„" _ I � .�98 st 96 35 34 26 m ¢Aavm Err s YAC 51 i 5Ia 155 I NI"47 46'45 44 42 :111,'. - I �4 I 53 I 4- � .AY 6� �L!s as ©:©r�' m a 4 1 .1 _I P°8\RD 6z s1 so es et/`�es // ,A or N QDD AY J' FOLK AY ,. r � NII ea TAYLOR AV II r -= I I I / MOO AV I I1 1NisACE IAY1 IL IIl I I II 11 H MINIM Sr BUCHANAN AV a 1 11— /7/ // / 1 // H LINCOLN AY 1 I I I �� / I / / f / / Brevard County Property Appraiser.Jim Ford BUFFER DISTANCE 500 FEET APPLICANT NAME(S)/ADDRESS: Based on data from the Property Appraiser's Office MAP SCALE 15 L8000(one inch=500 feet) STORTS, CHRISTINE, 784-4248 i : This map was compiled from recorded documents and does not reflect LEGEND an actual survey.The Brevard County Board of Commissioners, OWNER NAMES ADDRESS: Property [.„/\1 Notification buffer )� Appraiser,and Geographic Information Services do not assume MICHAEL BARRY and WEXFORD, INC. responsibility for errors or ommissians contained hereon. /V Parcel/lot boundaries 1100 ATLANTIC ST., MELBOURNE BEACH, FL 32951 Produced by:Brevard County Planning&Zoning Office— GIS,August 04,2005 Numbers on map correspond to mailing list Prop/102-st500 Noadaa-l.emp City of Cape Canaveral Special Exception Atlantic Animal Clinic • Applicant: Atlantic Animal Clinic Location: Range: 37E Township: 24S Section: 23 Existing Acreage: .57 Acres Existing 15 DU per acre: Not Applicable Proposed Number of Units: Not Applicable Proposed Density: Not Applicable Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant, Atlantic Animal Clinic is relocating one block north between Tyler and Harrison Avenues on AlA and requires a special exception. North South East 1521111111111111 Zoning Cl Commercial C1 Commercial Cl Commercial Astronaut Blvd. Comp Plan Cl Commercial C1 Commercial A1A) C1 Commercial Astronaut Blvd. Existing Retail Store Existing Atlantic Residential (A1A)Astro Conditions Animal Clinic Astronaut Blvd. A1A) 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 proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on parks and recreation. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on AlA LOS. This will be • further evaluated at the site plan review. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on wastewater treatment. 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 proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on water. 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 has Ga- Galveston urban land complex soil which is well-drained sandy soil that has been reworked. There are no known wetlands, floodplains or endangered species on site.. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on population projections and trends. tl" 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 subject site is one block north of the existing Atlantic Animal Clinic. At this time it does not appear that the special exception would create an adverse impact to the above requirements. 2) Will the Special Exception create any unusual police, fire or emergency services? The proposed development should have no unusual impact 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.? The lot should be able to accommodate the proposed use. Due to the size and location of the property the proposed development should be able to meet the above criteria. This will further be addressed at site plan. 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? Due to the unique circumstances of the property and to save trees. The applicant is exploring a one way in and one way out from the side streets with no direct access to AlA. . 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? This development meets these criteria. The proposed plan is for a animal clinic facility depicts a one way in and out loading and unloading area for customers. The customers will need to learn where the entrance is and once that is accomplished there should be no problems with circulation. 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. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The submitted concept plan proposes to provide screening and buffering. 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 subject property is located adjacent to the existing animal clinic, it would appear at this time the proposed use would be consistent with the conditions of the existing animal clinic and would not create additional disharmonies with the adjoining properties. 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 is capable of meeting setbacks and open space requirements. 11)Is the proposed use 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? The subject property will replace the existing Atlantic Animal Clinic. It is capable of meeting the land development requirements of the code. Traffic generated by the site will be further considered at site plan review. Landscaping and buffering will also be considered at the site plan review. The property has several large trees on site and the applicant has stated they intend on preserving as many of those trees as possible. 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. 2 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 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 o 1 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal C1 C1 Cl Cl 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 '° r _ :.' Code Sect. Applicability PARKING Yes No 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 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulskifea 4, copy Public Works Director DATE: August 19, 2005 RE: Animal Clinic Pre-Application Review I Public Works Depai tment has reviewed the above stated site plan. The Public Works Director has the following comments or concerns: 1. Is the building able to be located about 10 feet south to save an 18"oak? Over this entire plan did an excellent job saving the large oak trees. 2. Reuse Water is available for irrigation. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: September 15, 2005 RE: Special Exception for Veterinary Clinic Atlantic Animal Clinic 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 permitting process for compliance of all local and state codes. 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. Meeting Type: Planning and Zoning Board Meeting Meeting Date: 9/28/05 AGENDA Heading Special Exception 05-09 Item #4 No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL, SUBJECT: Special Exception Request 05-09 to allow of on-premise consumption of beer and wine, La Fiesta Restaurant DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny a special exception for on-premise consumption of beer and wine. 1011 Summary Explanation&Background: The applicant is La Fiesta Restaurant; they have requested a special exception to serve on-premise beer and wine beverages. This location has had a special exception in the past to serve alcohol, but the time period between owners caused the special exception to expire. 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 Meeting Type: Board of Adjustment Meeting Date: 10/24/05 AGENDA Heading Special Exception 05-09 Item AGENDA REPORT No. BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception Request 05-09 to allow on-premise consumption of beer and wine, la Fiesta Restaurant DEPT./DIVISION: Building Department Requested Action: Consider recommendation for approval by the Planning and Zoning Board for and wine. on- premise consumption of beer Summary Explanation&Background: The applicant is La Fiesta Restaurant; they have a request for a special exception wine beverages. This location has had a special exception in the past to serve alcohol, but the time period between owners caused the special exception to expire. n to serve on-premise beer and 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. City Planner's Office Department City of Cape Canaveral , Building Department k (Please Print Legibly or Type) al bo 11 05 09 DATE FILED'-( j FEE PAID I( DEPOSI iD,q`] _ 10ri PCS RECV'D BY: � ($250.00 Filing Fee is non-refundable) X �j ��� ���� NATURE OF REQUEST Special Exception is for what purpose (Brief Description) _ 1 Address of request (if a plicabl ) n ,, q(D-/1 1L_ a:. _tet ,.:.° �• 1 fZ � . Legal Description: Lot lock arc 3 a3��E Section � S bdv � • ! C� [, L S Township_s^� Ran e • n 4 J g STATEMENT OF FACT: State of Florida, County 1Ciimi . a being duly sworn, depose and say tht- of Brevard; I I am the property owner. iT am the owner(s) designated agent. notarized authorization required) Owners) Name(s): '1 V l Addrreesis: S( (c) . a (.-N-r1� f it �. Home Phdne�9�� t`$4 ork Phone`1 -'-Q g e° -M / ail Uf� -r` Q(1Fc3As`*�D . T€ ,Cp rr\ Applicant(s) Names(s): lit 6 1 L LES it T?cl -171C Address: I Y C _ al •3 Z' ,- ) Home e 9 Wort hone E-Mail All infor atio ,, sketches and data contained and made part of this request, are honest and true rI • - ,est • myknowledge and belief. _ g 1. Signarai •' ppllcant Swor. to and su•-,ribed before me on this ii day of la.,,,;M, 11 i�� Y.IOYNES ' IL.,r .1 :-;„714 _ , State o/No rte tity Commission =,�� Wires May 4,2009 Nota Pu'.:c ate-of Florida 0,°''• Bondedcommis /00 425858 9y National Notary Assn. 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) • 0 2 City of Cape Canaveri 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) AD RESS (if assigned0-417_01 ' I f 6k-ice PH NE assigned) � �J�O. :. , �� # 3 FAX #— L� E-MAIL 3�qa, 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: BLOCK:_ SUBDIVISION: 6-00f) (3�1T--t{-z PARCEL: 43 - 3.-66. 6Qo-a'S, 0009, vii SIZE OF SUBJECT PROPERTY IN ACRES: + 113 SECTION: TOWNSHIP S. ANGE 33-E DESCRIPTION: `rA.va m.rr 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT r (EXAMPLE, ARTICLE X, SECTION 2) ' ` b " I / C, 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.) C 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. 4 (b) Adequate off.' et parking and loading areas provided without creating undue noise, glare, odor or detrimental errects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior Iighting, 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. (j) 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): 3 o 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for$250.00 Application Fee. *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: Olin A property map showing properties within the 500 ft. radius, clears outlining the subject property. Y The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. -�F 7. Where Property is not owned by the applicant, a Power of Attorney,_must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. ( ) • NOTE: Application fee of$250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 • • 1.wgww..JR' ""i - ....•r ....i.,,.......-.....::1.-,i-.-.-..-.. • LLeanne M. Kugelmannrn To; . II1iIIJWI!IIIlIIiIllhIlII Preared By and Ell 11 Fidelity National Title Insurance Company of New York CFN 2003341000 10-28-2003 12:46 pm 1355 N. Courtenay Parkway, Suite D OR Book/Page: 5 102 / 0282 Merritt Island, FL 32953. File No. 03-008-188666 Scott Ellis Clerk Of Courts,Brevard County Property Appraiser's Parcel I.D. (folio) Number (s) #Pgs: 2 #Names:2 24-37-23-CG-25-9 Trust: 1.50Rec: 9.00 Ser 0.2.00 ^--�• 1,260.00 'Excise: 0.00 Mtg: 0.00 nt Tax: 0.00 SS#: QUIT-CLAIM DEED THIS QUIT-CLAIM DEED executed October 26, 2003, by Calliope A. Holiasmenou, first party, to Vincent Keenan, whose post office address is ;.S3 Al, $'yam-,4. s•.f,. „_*E-. e "'�'�f �Amsiggr �L , 3,ws3 , second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged; does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party 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: Lots 9, 10 and 11, Block 25, Avon By The Sea, according to the plat thereof, as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. l Quit Claim Deed Rev.(6/00)(Quitclal.wpd) Page 1 of 2 • • • w ..• ... .. .. .. I l :r•.. 'ter;t , .., • iW1asabY . • • • ••.• , • • . .., I 0 OR Book/Page: 5102 0283 I l IN WITNESS WHEREOF, the said first party has signed and se written. aied these presents the day and year first above WITNESSETH: /./ , // atUr:) fitness Si. , i Calliope A. Holiasmenou rint Name of Witne 110.W.2:::. - r A 1�it -4410 (Witnesss Signature) ''' �� .itrat ice._ ter/ ( G (Print Name .f 1 es. 0 -f ag- s • (Address and Phone Number) STATE of____Q:&Q_,c68._L__s COUNTY of _ ___ :e...„(26,114._____ I HEREBY CERTIFY that on County aforesaid to take acknowledgements,lad before me, an Officer duly authorized in g , personally appeared the State aforesaid ._ to me known to be the _ the person(s) described in or as identification and � � / who executed the fore who has/have -� he/she/theyproduced ����►� eoncutdd tho exme. going instrument and he/she/the y acknow►ed � WIT :�-S Sed before me that `� / Y hand and official seal in the County and State last aforesaid sa)d this day of • �./ NotarySig,(ture.47,-. - My commission expires: Printed N. ary Name L • NflI 61;:ri) Ibigin 111712007 eaRrn�000245811. P+.tid. 41/7..... ill ut Clam Deed • v.(6/00)(Quitclai.wpd) General Power of Attorney TO ALL PERSONS, be it known that I, Vincent Keenan of 516 Barrello Lane, Cocoa Beach, FL 32931 the undersigned Principal, do hereby make and grant a general power of attorney to Alice Fusillo, of La Fiesta, Inc. and do thereupon constitute and appoint said individual as my attorney-in-fact/agent. If my Agent is unable to serve for any reason, I designate Nestor Martinez of La Fiesta, Inc., as my successor Agent. My attorney-in-fact/agent shall act in my name, place and stead in any way, which I myself could do, if I were personally present, with respect to the following matters, to the extent that I am permitted by law to act through and agent. I Vincent Keenan owner of the land and building located at 7802 N. Atlantic Ave., Cape Canaveral, FL 32920. Allow the lessee of the above premises to obtain a special exception to sell beer and wine for the benefit of the business. My attorney-in-fact/agent hereby accepts this appointment subject to its terms and agrees to act and perform is said fiduciary capacity consistent with my best interests as he/she in his/her best discretion deems advisable, and I affirm and ratify all acts so undertaken. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINTATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. Signed under seal this day of IL4 • Signed in the presence of: / A 4/ Witness - L.r Ap I' antor 14." ..„4"— ness Attorney-in-' gent State of FL a 2 i t .— County of � 2 On ecs c.3-Cy o 5 f beore me appeared /tk uTIJ µJ to me on the basis of satisfactory evidence) to be the • pson whose name issubscribed to d be within instrument and acknowledged to me that he/she. They executed the same in his/her authorized capacity, and that by his/her signature on the instrument theerso the entity upon behalf of which the person acted, executed the instrument. P or WITNESS m hand and official seal. Signature: Affiant Known Produced ID NOTARY P(IBI1C-STATE OF F;OR r, Type of ID , a I Mary von Glatze, Com, mission #DD417278 (Seal) Bonded T Ad es: MAY 26, 2009 andc Bonding Co.,Inc. 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 2) Will the Special Exception create any unusual police, fire or emergency services? 1�0 E1Ct5+in Q meevice r� 3) Will the Special Exception5 S t 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.? y �5 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 other detrimental effects upon adjoining property owners? YgS 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? 10 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? ,Fs 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? t(E75 7 D 9) Is there adequate refuse and service areas? kii_s 10) Do the setbacks, landscaping, and open space met the re zoning district? quirements of the 11) Is the proposed use compatible with surrounding uses in its function, hours of operation, the type amount of traffic generated, structure siz and setbacks, its relationship to land values ande be used to measure or determine compatibility? (,( c�ther facts that may 12) Is the Special Exception consistent with the goals, objet of the Comprehensive Plan? L{ objectives and policies I � � 13) Is the Special Exception consistent with the intent of the zonin di with which the Special Exception is sought? g strict 14) Has the petitioner met the minimum requirements for Special Exception and demonstrated entitlement to the Special E requested eti on which will not adversely affect the public interest? Pon • 15) Should the Special Exception be P granted with any noted limitations, restrictions and/or conditions? 16) Should the Special Exception be specifically granted to thee ' ' run concurrently with the property? P titioner or 8 in • i• n 1.-g[ 0 • --t, ..,•,. ..c 2 c' cl _ i :cr .., 1 I 4 w..4I i ei RI cr.' e 4.4,..x.y. .- _ ,,„. ..• . . .4 ,,‘,, . • *-4170kst , - I • ' I .) 1 - i I !El 1 .--. e 11 - -n„ li 3 ------------ ! ---------- -I) C51 ....4 Iir4 \ ------- 11 . \ 40 -- 4 ____z_.7 \A- - .1. <':;--- * ------>: .j 4 tr. . P f • -- - - 1 it n ! -, - , . .'4V-1. 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L k Cityof Cape Caraveral .y -,4.•' �a ; ..,.�N eye/ ,, CITY OF CAPE CANAVERAL August 19, 2005 ,, 1' 4 NOTICE OF PUBLIC HEARING ' TO THE ADJACENT PROPERTY OWNER(S): 107 Special Exception Request#05-09 Notice is hereby given by the City of Cape Canaveral, that Alices Fiesta, Inc. of 1536 Melbourne, FL, 32940 has requested a S•ecial Exce•tion To Allow On-Site Consum.tion of Beer and Wine pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Clover Circle, (2)(c) for the property described as follows: Section 110-171(A) Legal Description: Township 24S, Range 37E, Section 23, Subdivision—Avon-by-the-Sea; Lots 9, 10 and 11, Block 25 (7802 Aso ,, Cape Canaveral, FL 32920) N.Ya+l P.o tic tivenue 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 above. The meeting will be held on Wednesday, September 28, 2005, at 7:30 P.M. in the CityHall Annex, 111 Polk Avenue, Cape Canaveral, FL. noted The Planning & Zoning Board is advisory in nature and will make a recommendation Cape Canaveral Board of Adjustment with respect to the above-namedTh to the property. administrative approval or denial will come before the Board of Adjustment at a subseu final scheduled meeting. Since your property may be located within 500-feet of this petty comments can be made in person or may be submitted in writing at the Planning and Zoniin property Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. g If a person decides to appeal any decision made by the Planning and Zoning Board with res pect any that person will need a record of the proceedings,and for such purpose that person may need to Co ensure that matter verbatim dm recorrof the proceedings is made,which record includes the testimony and evidence upon which the appeal constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges appealsor y is to be based. This notice does not not otherwise allowed b 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 M �`\ I � u� 1 614 I z .95`x—t ,19 7.: .j. I ,..igi 110/11 A ,If7< O I Af0I 1 ` S I 7 I3 Y I I < O I I f13, 15 I i9 110111 .9a, j 1:l , jJACKSON AS/ I. ' ISI 6 j 7 /9/10/11 1 III I 11 113 161 I 1 3 a 56I —1 i 1 I 2 I 3 105 Polk Avenue • Post Office Box 326 • Ci Telephone: Cape Canaveral, FL 32920-0326 P (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com ItAri- ti MAP / CA0081 1 111 �.. ..__..-. Td- • ,____ i_________ � �_ 1 JtfflfJirni 11, �f► -\----- __), ( ! x11! i1 , .. i. __ ii nc�tN;N;tnr Ar —_ _ _ 111111i \ \, _� ,u_- I � _ II ^ IIIA 11 ■ flr[ :!Jll.jh! LIIlj-IIIn - . ADAMS111 Iill 1 II I e - : mNc inTNYim I r i.Ii_.. 1---TIT f-f j__1 �,. _ __ _aim mi 17 _ _ li.. ,,, 1�1 R ierrcrzvm Ar - �, _F -=_ 2 iEi3EBL11 12jiI! 1It lqui 1/ t 1111 E:717 bl: r-----1-1 I _ IAL-3R- ."-._ 1 ,.. f_-. .__- NONpOC AY _1 TEr-1 3, \ T Trt a as 'r 1 r IR ----r ii " _________4 111111,,IIAN AYL [7.7-401-171 __T- caNrJR n a 4.t ss az 1 n rn aB 111 11 ,. - -' - -INE:' -di _ 1 iri ------7::: Le6_8i 82 01 80'79 70- - ii I_ NI 7.'4, • I1 Li _kJi[ .IIII -Ili I NncmNc rorr No - r >1■ ILTCNIC AVr- . POW AYc iL, 11. 11I IIIA -1_[----- _._ MIMI G �. TAYLOR AY - ._..__-__- ikt--- R IT i _I eir j — _-_. L_ T1LUIORR AV —__... t � --- _-__ J . 1 /1 --- L, I • i_ _ __ ___ _____ _ _ L 111 .1_ , — II f,11:I 7 ---7 r- 1 APPLICANT NAM'S Brevard County Property Appraiser.Jim Ford FUSILLA, ALICE 1/ADDRESS: Based on data from the Property Appraiser's PPraisers Office BE IS DISTANCE.500 FBBf ft IIAP SCALE 15 1:GOOU(one inch =5U0 feet)This map was compiled from reurrded documents and does not reflect JWNER NAIIE(SYADDRESS: an acivaG.survey,The Rre7mrd Cm,nS YVINCENT KEENANProperly.q Y:oard o/Cmn'I+tisstiolu7s, LECER'P.ppraiser,and GeographicInfnrmalion,,tori,:... 516 AARRELLO LN., COCOA BEACH, responsiMGiG fa, errors or nnsnsissions cooiaineds hereon assume Li Notification buffer FL 32931 Ey Parcel/lot boundaries Produced hy: Brevard (Aunty Planning.sioz-8,�ap b &Zoning Office - GIS.August 03,?U05 —�.� Numbers on mop correspond to nutlet, li.tt. City of Cape Canaveral Special Exception Alice's Fiesta, Inc La Fiesta Restaurant Applicant: Atlantic Animal Clinic Location: Range: 37E Township: 24S Section: 23 Existing Acreage: .57 Acres Existing 15 DU per acre: Not Applicable Proposed Number of Units: Not Applicable Proposed Density: Not Applicable Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant, Atlantic Animal Clinic is relocating one block north between Tyler and Harrison Avenues on AlA and requires a special exception. 1111111111111111111 North South Zoning Cl Commercial C 1 Commercial C 1 Commercial Astronaut Blvd. Comp Plan Cl Commercial C1 Commercial (A1A) C1 Commercial Astronaut Blvd. Existing Retail Store (Al A) Conditions Existing Atlantic Residential Animal Clinic Astronaut Blvd. (A 1A) 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 proposed special exception for the sale of alcoholic beverages will have no burden or negative affect on parks and recreation. AlA is operating at Level of Service "A" with peak North City Limits to Central Blvd. AlA from Ce tr8al 3 Blvd ofe North Atlatrips between antic has a level of Service is "A" with 325 excess trips. The proposed special exception o alcoholic beverages will have no burden or negative affect on AlA LOS. r the saleof further evaluated at the site plan review. This will be The City of Cape Canaveral provides wastewater treatm ent. The capacity is 1.8 million gallons per day (MGD). The existing usage is wastewate1 26 MGD r treatment excess capacity of .54 MGD. The proposed special exception for the sale oflc anbeverages will have no burden or negative affect on wastewater treatment. oholic The City of Cocoa has a total capacity of 56 MGD and cun-ently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, MGD available. The proposed special exception for the sale of alcoholic leaving 23.6 w ll have no burden or negative affect on water. beverages will Brevard County provides facilities for solid waste disposal. At this ti does not foresee any deficiency with their solid waste facilities. me, the County Environmental Description of Amendment Area: The site has Ga- Galveston urban land complex soil which is well-drained has been reworked. There are no known wetlands, floodplains or endangered soil that site.. gered species on Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The proposed special exception for the sale of alcoholic beverages will hav negative affect on population projections and trends. e no burden or CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning nd the Board of Adjustment in the evaluation of all criteria relevant to the application; ation• and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginningi the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, indication that the request for special exception may bes rejected should orttheat the applicationpreliminary n may not be acceptable for processing. Pp tion 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. This review by staffpertains to the La Fiesta Inc property owners and their wish to obtain a 'Special Exception'for the sale of alcohol beverages. As a restaurant use previously that served alcoholic beverages it would appear that alcohol sales on premise will not have adverse impacts to adjacent property owners that would contribute to the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff 2) Will the Special Exception create any unusual police, fire or emergency services? The `Special Exception'for the sale of alcohol beverages should not have an unusual impact on 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, buildin setbacks kin requirements, lot coverage, height, buffers, off-street parg landscaping, etc.? g, signs, storage, The sale of alcohol is allowed in the zoning district with the addition of the 'Special Exception. ' The site itself is not being modified would appear to meet all the requirements of the code with the exception of landscaping. Again the structure on site is not being modified and is a pre-existing condition. 4) Is there adequate ingress and egress,with particular reference to auto andpedestrian safety and convenience, traffic flow and control, and emergency access in case or medical emergency? of fire The `Special Exception' to allow for the sale of alcohol will not affect egress of auto and pedestriansafety 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 other detrimental effects upon adjoining� g r property owners? There is adequate parking for the facility. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve theP Pdevelopment ro osed (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 t the capacity and service levels required by Code. to 7) Is there adequate screening and/or buffering provided to protect and compatibility to adjoining properties? provide The `Special Exception'for the sale of alcohol by itself will not require buffering. A mentioned if this were a new site, additional landscaping would be required. s 8) Are signs and exterior lighting,g g, 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? With regard to signs and exterior lighting the 'Special Exception'for the sale of alcohol does not appear to worsen the existing conditions or create disharmonies to adjoining property owners. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10)Do the setbacks, landscaping, and open space meet the requirements zoning district? of the As a pre-existing Commercial o site, the project meets setbacks and en space requirements. P p ce 11)Is the proposed use compatible with surrounding uses in its function, ts hours of operation, the type amount of traffic generated, structure sizea d setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The site is a pre-existing use, there should not be additional impacts with traffic, due to the increase in parking capacity. The `Special Exception' should not impact th .ff structure size, setbacks, land values, or compatibility. �' e 12)Is the Special Exception consistent with the goals, objectives andpolicies the Comprehensive Plan? of 2 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? This special exception request can meet the requirements for this zoning district found in the land development code. 14)Has the petitioner met the minimum requirements for the requested S ecial Exception and demonstrated entitlement to the Special Exce tion w p not adversely affect the public interest? p hich will 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 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contious Zoning 3. X Special Exception N= S= East West 4. Administrative Appeal Cl C1 C1 Cl CONSIDERATIONS SETBACKS: Yes MEETS CODE COVERAGE: CODE VIOLATION (Describe) Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE DENSITY: CODE VIOLATION(Describe) Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION(Describe) ADDITIONAL REFERENCES 0,001,1) t�✓ '�n aM l M ,la. ;gyp 7777177:717. Code Sect. Applicability PARKING Yes No LOADING ZONE 110-491 NA SETBACKS (A1A Ridgewood/Astronaut) NA LANDSCAPING NON-CONFORMITIES 110-566-567 STRUCTURES NA LAND USES NA 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 Page 1of1 Y ^s � rt &i a J Et r_teti:•:''''"::',1':41:',„",Z:-:"', :''"i- '''';i4i,k.'i-VV.4i-ii,:::7V4,1':-:: -,:• : 11011;1 p a' ....„ e. -. !'1 , :(e-J.:::s 4Y4o 1 °f}5 . � ` K ��� akm7rsa,a ‘�t "�l&f �-v,a.r, w WRr 1rk:, fir e { � Y„ � A ,,r r 14 .; heft ” '..*:;•4'1::::!,''''''7 ,.#,''''' r, .,,tr w x'",l31 oc,,, i;•. , � ;yrs :ia :, fi ,- - '; t 4,? • .ms' {t "m • ... ; e e r • • is +.. , ': y i / y' w' -,-�P ith' •;..- '., . kignr.;:;;tifizii!,..43.ii7---,. ;,:-.4 ..'.., ,,,,,..-_,Nr.,../,;,,,-;.. ..µms . . ., . i * ,: ,••••• tii.,?4,..ri,..... j7 t 3'"s'.a:. y r Z t 4„,, s F^ ., is �' .ao- �:. d ,aY*a . 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I I . k f Map (" Aerial Change 5 \. > 0 Locate _.,_ I C} `l 1 1 1 6 2 1 2 —___� rn Parcel ID Locate �y5 \y F3 9 � 14 > 9 10 I1 1 Zoom to 285 \ C I C I _evard County =' Go MC Printable Version Map Preview li Check below then Update W [� r Parcels It ZonCnty U 15 9 10 11E' 1ZonCit Y h GolfCourses 264.1 �- ,1A (7 Schools fl Libraries Ivi RoadNames UT Sections 5 6 7 1 2 3 IT Water ISM 1 fiPTAIPW 11 1'3 14 9 10 11 He►p Le end i6 HAA - ' 1 3 4 15 6 17 / 1 /2 / 3 ' 2"5 I $ http://vvwW.brevard rope p rtyappraiser.com/temp/graFrame20050921102249444.html 9/21/2005 rage 1 or 1 Todd Peetz From: John Cunningham [jcunningham@ccvfd.orgl Sent: Thursday, September 01, 2005 9:40 AM To: Todd Peetz Subject: Re: Special Exception/La Fiesta Restaurant I have reviewed the special exception and have no comment at this time. • 9/21/2005 MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner fa r FROM: Ed Gardulski OpPublic Works Director DATE: August 19, 2005 RE: Special Exception Request Alcoholic Beverage La Fiesta Restaurant The Public Works Department has reviewed the special exception request and does not have any comments or concerns. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: September 15,2005 RE: Special Exception for La Fiesta Restaurant Sales of Alcoholic Beverages 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 permitting process for compliance of all local and state codes. 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. b, y.+ lid A � �^* evACE i% s w -191(1 � a -- Ni, City of Cape 44 ,. Canaveral �t . . _ _ q CITY AV CERTIFIED NO. Z . yr'n OF CAPE CANAVERAL 318 689 603 �; `' BOARD OF ADJUSTMENT ,, ,�,�int�_ ;; FINDINGS OF FACTPl- 7 `� 4" CONCLUSION OF LAW , 94-11 ORDER 1 f� REQUEST NUMBER: j C afvt RE: Special Exception Request No. 94-11 to Allow Consumption of Beer and Wine Moonhut Restaurant, 7802 Astronaut Boulevard, Lots 9, 10 & 11, Block 25 Avon the the Sea, Section 23, Township 24 South, Range 37 East - Petitioner is Calliope A. Holiasmenon, Designated Agent. p A. The Board of Adjustment of the City of Cape Canaveral has heard informatio request at the Board of Adjustment meeting held the 23rd dayof January, n pertaining to the the information provided, the Board of Adjustment has entered the following FACT, CONCLUSION OF LAW AND ORDER. 1995, and based on R. FINDINGS OF FINDINGS OF FACT The Moon Hut, Inc. is the owner of the real property described in is located in the C-1 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not a affect the public interest. This special exception request is consistent with the goals, objectives dvc rsely and policies of the Comprehensive Plan; is consistent with the intent of the C-1 zonin . this request does not create any adverse impacts to adjacent property through h the creation of g districtf g noise, light, vibration, traffic, utility requirements, or stormwater runoff that would been created had the property been developed for a principal use permitted in the -not have district; no unusual police, fire or emergency services would be required; all the r ul zoning of the zoning district are met with the special exception. eq irements CONCLUSION OF LAW That the Board of Adjustment has lawful power and authority to grant special special conditions and circumstances as set forth in Section 110-171, Paragraphexceptions a(2)(c)) of the under Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements requested special exception and has demonstrated entitlement to the special exception whichr the • not adversely affect the public interest. h will 0 105 POLK AVENUE• POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407)868.1200 • FAX 1407) 799-3170 BOARD OF ADJUSTMENT FINDINGS OF FACT CONCLUSION OF LAW ORDER SPECIAL EXCEPTION REQUEST NO. 94-11 JANUARY 23, 1995 ORDER The Moon Hut, Inc. is granted the special exception subject to all applicable restrictions and conditions including the following special conditions: limitations, 1. If the business is sold then the special exception shall continue with the If the business lapses then the special exception shall expire. business. 2. A beer and wine license shall be obtained within 120 days from da special exception approval or the special exception shall be revoked. to of the 3. There shall not be any sale of wine or malt beverages to be carried out ut of the Said special exception will expire as stated above. Should there be a violation to any part of this Order, the Special accordance with applicable laws and the City Code. Exception may be revoked in DONE AND ORDERED this 23rd day of Florida. January, 1995 at Ca pe Canaveral, Brevard County, BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL, FLORIDA BY: ` 4 _ Ann Thurm, Chairman I hereby certify that a true and correct copy mail to the petitioner(s) on this 24th day of Tanuag, document has been furnished by certified BY..� _i. AL i-._ Susan L. Chapman, Secretary r f V i t ftr Meeting Type: Planning and Zoning Board Meeting Meeting Date: 9/28/05 AGENDA Heading Special Exception 05-10 Item AGENDA REPORT No. PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception Request 05-10 to allow a vehicle rental facility. DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny a special exception for vehicle rental facility. Summary Explanation&Background: The applicant is William Stephenson; they have requested a special exception associated with the Residence Inn currently under construction ofvehicles vehicles a e. This is one of two out parcels The renting of requires a special exception. 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 StaffReport on the Special Exception. City Planner's Office Department: Building Department CITY Page 2 of 11 City of Cape Canaveral Building Department (Please Print Legibly or Type) "�1 DATE FILED _.- - n S FEE PAID ‹-o 4t' , 1CitJl�lc� D£POSIT�oC`I RECV'D BY: – --�� �� ($250.00 Filing Fee is non-refundable) x$ y, cet, NATURE OF REQUEST - Special Exception is for what purpose( Brief Description) N C- ( )N1 i Ni Address of request(if applicable) '--; 5 S-7n Legal Description: Lot z4 3 15- o o- o 0 ®, ©U ace Block Parcel Subdv 25`a -CI ) o o(pA41 ®t) Section Township-2A__Range_ STATEMENT OF FACT: State of Florida, County of Brevard; I vi � l�i. Sr>✓PNt;'� being duly sworn, depose and say that I am the property owner. _I am the owner(s) designated agent. (notarized authorization required Owner(s)Name(s)- 4 t, �c ) 1 a r GY1.��uP t--TD LV(7 Address: 34z g N 4 a L,�7 Home Phone Work Phone E-Mail Applicant(s) Names(s): Address: ZS 4 . >=.z�Irz.r i€ D2, Gv Com FL- 32-.920, Home Phone 1 nWork Phone a All information, sketches and data contained� E-Mail a►�@ A o L L. C U w, . and made part of this o • :e an �_:,it --j - , are honest and true to the -! L 2 /�� � Signature of Applicant Swop Po and subscribed before me on this �L day of (.%[ cf�;r 11111111. =- 'om CHERITY D.STARKEY �., �S Notary Public.State of Florida Notary Public,State of Florida The completed request formiii�i; My comm.expires June 13,2009 ThecRezoningP q and the $250 • � . fee ust YTll42PSis foil ws: and Special Exceptions (Except Telecommunication Towers re Requests for prior to the next regularly scheduled Planning ), quire a Variances, require a & Zoning Board M m�mmn of mm (30)icdays q minimum of sixty (60) days eet�ng; Request for Telecommunications Adjustment Towers,req meetingY prior to the Planning&Zoning Board meeting.mmunieatd of required per will be set after the request is heard by the Planning&Zoning Board.(A The Board of Section H 2} deposit may be TY pec1.f iq7, http://fen.statell.us/cape/building_pennit files/SPECIALY020EXCEPTION htm 8/9/2005 ill Page 4 of 11 City of Cape Canaveral ``'PLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and therein, to the Building De returned, with all enclosures referred to Telecommunications g patent, a minim unications Towers) prior to the next minimum of Thirty (30) days (sixty (60) days for processed for consideration by the Planning regularly scheduled meeting in order to be to the Board of Adjustment The owner or a owners representativeg Board for tud Y and recommendation meetings and will be notified byare required to attend the the board secre Planning & Zoning �y of the date and time of the meetings. The month at 7:30 Board holds regular meetings on the 2nd and 4th p.m. in the City Hall Annex, 111 Polk Avenue, Cape Wednesdays of everL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR Canaveral,O Florida. SSIN . ALL APPLICATION. If you have any questions, please contact the BuildingDepartment PROCESSING 321) 868-1272 Partment at (321) DATE: �f 1. NAME OF APPLICANT(S) .. S C - : X50, --- � ADDRESS(if ass' PHONE # 6 "3"2-8185 FAX#c_<3. E-MAILe,��, �,. 2. COMPLE'T'E � E-MAIL LEGAL DESCRIPTION OF PROPERTY: LOT:--- BLOCK PARCEL:2 ------SUBDIVISION:_7-15-0o - .c - eu00,on SIZE OF SUBJECT PROPER �a'9zac.R.E vi)-1"f'�n� SECTION � �IN A ' . TOWNS j RANGE .3 DEMON: s.E; V2YE. DESc_2 3- ORDINANCES SECTION UNDER WHICH ��,ARTICLE X,SECTION 2 SPECIAL- TION IS SOUGHT 4. COMPLETE THE ATTACHED APPLICATIONS MAY RESULT IN DENIAL OF REQUUEST IN FULL. (INCOMPLETE5. PRESENT ZONING � CLASSIFICATION: (CAMP 1 � = -2,R-1,R-2,M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SHOWING THE FOLLOWING WHERE APPLICABLE: LAN OR APPROPRIATE DRAWING(S) � (a) Adequate ingress and egress may be obtained to and from the property, reference to automotive and pedestrianc traffic withw and control,and emergency access in case of fire or safety and convenience, traff,�c flow pence medical emergence, http://fcn_state_fl_uslcapelbding_pet files/SPECIAL%20EXCEPTION.htm 8/9/2005 Page 5of11 (b) Adequate ar off-street undue noise, glare, odor etor parking and loading areas are provided detrimental effects upon adjoining without creating imng properties. c e uate provided s and properly located utilities are erve the proposed development: available or may be reasonably (d) Adequate screening compatibility with adjoining properties, Bring will provided to protect and provide (e) Signs and exterior lighting, traffic safety if any, will be so designed and to eliminate or and arranged so as to promote disharmonyawith adjoiningominimize any undue adopted codesandrduiproperties and will be glare, incompatibility, or permitted and in compliance with all {fl Refuse and s { ) and service areas,with Particular reference to the issues relating to a (b) above_ (g) Required setbacks and other open space. (h)Height (i) Landscaping. (j) Renewal and/or termination dates relating to a lease,if applicable. (k) That the proposed use will be reasonablyconi function, its hours of o compatible with surrounding andfun setbacks itspotion,the type and amount of trafficding uses in its measure orc ilei relationship to land values and angenerated s ermine compatibility. Y other factsfracture size that may be u1ed to PLEASE NOTE: In granting any Special Exception, the Board of Ad' pulations and safeguards to ly with t may prescribe appropriate conditions,sti ��c°nformifwith the foregoing, STATE REASON FOR RE QUEST(attach additional sheet if necessary): http://fcn.state.fl.us/cape/buildin 4v g�ernut files/SPECIAL%20EXCEPTION.htm 8/912005 Page 6 of 11 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE aid receipt from Finance Department for THIS` 'PLICATION: *Paid receipt from Finance Department $250.00 THIS Fee. (Make checks payable to the "Cip ofent for Deposit,if applicable. Vtyape Canaveral") A listing of legal descriptions of all properties within a 500 ft radius of the property contained in the request, together with the names of mailing add esses (including zip codes) of all respective propersrty and addresses area. Include three (3) complete sets of mailing labels of all within e e above referenced a 500 ft. radius. (This can be obtained from the Tax Assessor'property P 3' owners list within a legible and the source of the information submitted stated here: Ce) The list shall be This information was obtained from: ft-E.•-r 0 --� A property mapshowing g PrOPerties within the 500 ft radius, clearly outliningthe subject property. The Location map showing adjacentro and utilities. properties uses, zoning, streets, driveways, canals 7. Where Property is not owned b V giving the No y the applicant, a Power of Attorney must be attached tarized consent of the property owner to the applicant to request Exception. the Special JS. Copy of recorded deed to subject property. t9 9. Completed worksheet. 10. If applicable, elevation drawin s encouraged. gO or photograph(s) of proposed structure(s) are • NOTE: Application fee of$250.00 is non-refundable upon a • NOTE: Any balance from r P P yment to the City. deposit will be returned to the applicant upon written request minus all associated o http://fcn.state.fl.us/cape/building_permit files/SPECIAL%20EXCEPTION.htm 8/19/2005 Page 8of11 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The Purpose of this worksheet are two-fold: (1)to assist the Planningof Adjustment in the evaluation of and ZoningBoard ofapAdjustment licant as t the criteria whichall criteria relevant to thea and the e the exception considerationstot process. must be addressed application;to and (2) to educate the and satisfied prior ro beginning the special following, this should P If the applicant can not satisfactorily address one or more mayothe rejected or that the application may not be acceptable for processing. request for special exception be CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception of noise, light, p create any adverse impact to ad vibration,traffic, utility adjacent property through been created had the property requirements, or stormwater runoff g the creation district_ p ply been developed as a principle use that would not have pplicable zoning 2) S E-E t Z,�s .,l p S H - a r't. Will the Special Exception create any 17 -r 5 t ��'M�'*s l j unusual police, fire or emergency services? 3) Will the Special Exception to be located, meet all the requirements of the buffers, such as: lot requirements, building zoning district in which the request off-street parking,signs,storage,landscaping, s requirements, Iot coverage ts 4) Is there adequate ingress and egress, with particular gencenience, traffic flow and control, and ewer ecreriCe to auto and ewer g y access in case of pedestrian safety medical 5) Is there adequate off-street parking and loading areas available without detrimental effectsupon adjoining property owners? creating undue noise, glare,odor or other d 6) Is there adequate and pro provided to serve the rd Properly located utilities available or P P development(if applicable)? may be reasonably Is there adequate screening compatibiland/or buffering provided to ty to adjoining properties? protect and provide 8) Are signs and exterior lighting, safety and to andeliminateor min f any, designed and arranged so as to with adjoiningneS? any undue glare, incompatibility, promote traffic properties? P ty, and disharmony http://fcn.state.fl.us/cape/building_pennitA 0,18/9/2005 Special Exception Work Sheet For Vehicle Rental Facility in C-1 zoning district. 0.92 Out Parcel at 8959 Astronaut Blvd., Cape Canaveral, Fl. 1. This site is a 0.92 acre out parcel of the Residence Inn property. The Residence Inn approved site plan was design to acomodate this out parcels' storm water runoff. Major utilities are provided to site. The surrounding hotel properties will have similar noise, lighting and traffic patterns. 2. No, the site only contains a 1250 s.f office building, with a few employees. 3. The project will be designed to meet all city zoning requirements. 4. This project will not have an entrance off Astronaut Blvd., will share a main common entrance with Residence Inn. 5. A large circler customers driveway, drop-off and parking area is proposed, with the rental cars located in a separate screened area which will keep undue noise, glare and odor from adjoining property owners. 6. All utilities are accessible from Residence Inn utility improvements. 7. Yes, all driveway and parking areas shall have trees and hedge screening. 8. All signs and exterior lighting shall be designed to blend in with Residence Inn signage and lighting and meet all city requirements. 9. An enclosed dumpster shall be provided at rear of building. 10. Yes, front setback=90' (25'required), side= 10' min. (zero required), rear= 80' (10'required). 11. The rental car busniess function, hours of operations and traffic is very com atibl with adjacent property use and would be an asset to the surrounding hotels. p e 12. Yes. 13. The zoning district allows a vehicle rental facility in C-1 zoning with a special exception if 1/3 mile from another vehicle rental facility. This property is over 3000' from nearest existing rental car business. (Budget Rental Car is located south at 8401 Astronaut Blvd.). 14. All requirements which would entitle this special exception have been met. 15. None proposed. 16.The Vehicle Rental Facility should run concurrently with the property and land use. DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: OUT PARCEL 1 A portion of those lands described in Official Records Book 5288, Page Brevard County, Florida, lying in Section 15, Township 24 South, being more particular/ g 2198,East, the Public n y, Florida,dsof y described as follows: Range 37 Brevard County, F/ Commence at the intersection of CWommle right iline intersection the North line of the South 3316.80 feet of said Section 15 alongway State Road A-1-A (a 100.00 foot wide right of wa said Westerly right of way line, a distance of 506.75 feet, to the Northeast corner andlthe the POINT OF BEGINNING of the herein described y): thence S3T right of wayline, 21"10 E, a distance of 109.02 feet; thence S52'39 DO'W ence continue, 537 of "16"" , feet;f said lands and S79'42'15"1't: a distance of E along said Westerly said /ands; thenceadistance 4.35 feet; thence N37'21.00"W, a distanceoof said la/NG; along said North line, a a distance 269.86 164.62hPthence Containing distance of249'97 feet, to the North line of 9 0.92 acres, more or less. feet, to the POINT OF SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. • 2. The bearings g shown hereon are based on a bearing of S3771'10"E, along Westerly right of wayline. '3' • = Denotes chap e in set) 9 direction (no corner found or . s SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION EXHIBIT "A" SURVEYOR'S CERTIFICATION: SHEET 2 OF I herebycertify that the attached Property 2 under mydirection, in accordance with all Description applicable was the Minimum Technical Standards, " prepared veyin requirements of Florida, described in for loud surveying in the State of , A LLEN pursuant to Cha C7 .02 6 G17-Florida , Flutes. Administrative Code, Ater 472.p27 F/orido Sfatufes.Mill n[ineer' pr / l" SURVEYORS - ENGINEERS Inc. ALL GI J R/„ C. /., / 106 DIXIE LANE / COCOA BEACH, FLORIDA 32931 Not valid without the _ TELEPHONE: (321)783-7443 FAX:- (321)783-5902 signature and the original _____ ® iYEBSITE: www.alleneng.net - - A: info@alleneng.net.net raised Y seal of a Florida rofeS if gLMON - � licensed surveyor and ma Professio al Surveyor peer. Florida Registration No. Mapper 11111 PREPARED AND CERTIFIED FOR: 4262 JOB NO. 030025 Al A ACQUISITION GROUP. DATE. 1-31_OS Ltd., L.L.P. w[„ r SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY OUT PARCEL 1 POINT OF COMMENCEMENT NTEWRESSEROYN ROFHNOOHWNELNF OSF USH TE33R .A5D AF-EE-T AOF SECTION 15 N. LINE OF S. 33/6.80' OF SECTION 15 s .w`ro rn o, cn POINT OF BEGINNING N.E. CORNER OF OFFIGAL RECORDS BOOK 5288, S.8928'37"E. 269.86' N. LINE OF OFFIC/AL RECORDS BOOK 5288, PAGE 2198 c,N subb "9>‘ s-, o� „a.—.% `i' �o� •O ' WO N�� SUBJECT PARCEL �,9`� -� 0 0 CONTAIN/NG 0.92 ACRES, MORE OR LESS 2``� • O iir o� 17 o t ���0 Nom, 62 NeS 'C cam, Zig ciD ,c) cp ti� 4.35 . eP• ��� s% S.- ••42 15 0�� EXHIBIT "A" F` O��O11 SHEET 1 OF 2 CSR N Q' LLENI) 1 ngineering, Inc. 111 SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 0 �s 30 TELEPHONE: (321)783-7443 60 WEBSITE: www.alleneng.net - EMIL: (321)783-5902 GRAPHIC SCALE IL: info®alleneng.net fif SEE SHEET 2 FOR DESCRIPTION SURVEYOR'S CERTIFICA ' in I TION �t NOTES PREPARED AND CERTIRED FOR: DATE: 1-31-05 DRAWN BY: DJC JOB NO. 030025 AlA ACQUISITION GROUP. Ltd., L.L.P. SCALE.' 1"=60' IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: CAPE HOTEL ASSETS, L.C., a Florida / limited liability company r Print na !e: (�(,1;J, p r By: Lauren B. Koonin, Managing Member Print na :�:�� � � r2z;c1,sc KT STATE OF FLORIDA COUNTY OF l3REVARD The foregoing instrument was acknowledged before me this J` da o by Lauren B. Koonin, as Managing Member of Cape Hotel Assets, L.C. Y f May, ted P liability company, on behalf of said company (1/jwho is personally known to me; or( ) who provided a Florida drivers license as identification, and who ' a Florida limited oath. ( ) did (�id not take an My Commission expires: Notary W blic State of Florida 0:* MARGIEREICHERT MY COMMISSION rl CC 972946 , qF.h ', EXPIRES:January L 2005 awMed Thru Notary PubToc U ndern'ritars Icwomg,91,58!!!!!!2 OR Boo„age: # 72215 V1 I 11 llll II 1 III 111 NI I II CFN:2004145759 OR Book/Page: 5288 / 2200 EXHIBIT "A" A portion of Section 15, Township 24 South, Range 37 East, the Cit Cape Canaveral, Brevard County, Florida more City of follows: particularly described as • Commence at the most Northerly corner of that parcel as described Official Records Book 3064,Page 2885 of the Public Records of Brevard County, Florida; thence N37 degrees 22'12" W, along the West right of way line of State Road 401, a 100.00 foot right of way, 435.60 feet to the point of beginning thence continue N 37 degrees 22'12"W, along said right of way, 311.85 feet to the Southeast corner of that parcel as described in Official Records Book 2704, Page 1181 of the Public Records of Brevard County, Florida; thence N 89 degrees 27'20"W along the South line of said parcel, • 633.75 feet; thence S 37 degrees 22'12"E, 701.26 feet; thence N 52 degrees 37'48"E, 500.00 feet to the point of beginning. • Icy 4' 44 E tU, � / N• 1 iso ;� • 7. '!"..��� Iv ,... atm4 N , wilgt ,,,,... vo, -..-cti, ._..i - ` .I GRAPHIC SCALE IN FEET N r'.. s 9z 8 d. ,acne � � 90 civ • �� F�`)8 0 ; : o •8 Q �2 •6s�GS a�. 4 q . �.� �` ��$' �6`, COVERED ENTRY �\ . SCREEN WALL ) \� / �• • • V i . . O 5. I - f'� , i • 1 re � oNunENr � r, � <`, • • h 15'-0 C5 \C) III ....,0-\-.) 400 • `' Cr)E 6." ® 3 7 ` ( S' D 1rAii RIP S. . o. + � t ik _-- L100034, Wit0' S.52DEC.3q'00:IW 164.62' MAIN D2IVEWAY site 40/ae) VZ1-11C,Laff I .SNrizt,lif. P4C1,1, '- ,- 40 Astronaut Blvd_, Ca e p Canaveral PI "ell a • N 14/1 iiiit I I i r, . . . . ..• ,,,......,,, .,,,, . . ... .,,,_Nipil . ,,,,.....,,,, . ,IP �� _ e••./ GRAPHIC SCALE N FEET iii �� -_ - �1 6'.c99 d,9Z A.Ctie3 • CS" IP �' so 3 �� s 114 ,)6-9 _I- • -- I*/ ci,„ 8 Q • • . _ ti� 'es' •: -4 ENTRY vain • .ii IL:, • �..,• it d�S'�•i" scTZEfN �ti l '%Y! • V • • 014 i�� Q •�__ �,4.P -r Ems: 1 �, 0° 04 7 Pc l-6 4 - '' '� • O . • STIEIwEa - - -O3 r\ : " - fie• Q •; 'ti14 . • % - , • •� Q2 o" � ca,A- 4 g4 r (V • c'tilt. 1274 3 • 90 it, .\ • -cn S • .44 •0. ���i•• • S.52DEG.3G"0011W 164.62' MAIN 02IVEWAY $i t 6' drlan Y,NHIC1.-E RS7•17;4L Pr4C/J. Y Astronaut Blvd, Cspe CBnsversl, Plorids Jim CFA Brevard County Property Appraiser - t _L________ : L____________---------r----1--\\,) \ Appraiser Map Search I�, �. lr�� __I _ I , 10 t ,_,.„, , 1.,41440 .. ,„_ 1111 t�r ;ti's, 1 iir NTIMIRit x' 1 %' ryT_njl \ 1 . iii • 11* '� �,; iWk• YYr,,,,,,,,:,,,,,,q,„,,,,. - '�\ J e'er v., !1{43ka 1.-!: s alt 4 ` .. r� �2{ y �f�° keV fit- -,,,, 131 +, ,v 3.--z, r�` + k8$ I> afP�ltid� ! - Y .1 !'i-54'!i to � �£�� �,9it E"",1040m� rY,,:,,,:,,-, i. yk:: [� -,+ ,,^rap''"- �t r Zy. F r �■Ifi "St t a JWwr i as ( i f / "t \v.,--- 1414k e'm a�r r2aeiu n� St. tr a - t `}Cp, ',. ' I 1 C�,{P,,-.)1>ti , ,ff ( f AI ,� ,^ o' l "1 r^rr 1 ,w�r^F{ �L 1 { `` rt kn5 +A:9,7 �,�i va ! iry { r a 'imMr y"+�{, �d• _rp ai 4 r f I#4,44,,I,c 1YA h>� 1 u'"alts�d' %_ Vilk '40111 (� -Fr Aa'�r1u • L • h� e. �` W 3 to ,44:, :..e4to °', ` P. z r 7 '+:0444,46.1,, r-00,41:,..4104,1a4.4.4,4,"1: Yw Ck" $$ x'�� 5`�' i�'1 Lv E ,. Ste• �� '+ v'.9 � 1f'tf.Orr x'r InalliM 1 �(\ /p V .. aumelielitilla e ?' i Y iF.-.4!.,..104-#4.40#411�" � r `" 4r Fr�S'L— , INisi I ‘, (J. -_,,;f Sg ys f c}k`7 &fl,t",;.,-,".,,'C'';',''' R ,-;:i �"".r'' i ''l .L ,:,,,-.-,:777,, _ 6'41--e- ( A STR O NAV 1 B L\1.D • Special Exception Work Sheet For Vehicle Rental Facility in C-1 zoning district. 0.92 Out Parcel at 8959 Astronaut Blvd., Cape Canaveral, Fl. gli http://www.brevardpropertyappraiser.com/scri pts/esrimap.dll?name=Brevard 1&id=20050 80... 8/4/2005 . Prepared by and return to: Ed Gardulski,Director,Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral,Florida 32920 (321)868-1240 • EASEMENT THIS EASEMENT is made this whose address is day of 2005 by located in Brevard County, Florida ("Grantor"), in favor of the City of Cape Canaveral, a Florida municipality, , Florida whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, located in Brevard County, Florida ("Grantee"): pality, WITNESSETH WHEREAS, Grantor is the fee simple owner of certain real property located within the City of Cape Canaveral,Florida,on which the Grantee desires to acquire a utility easement for the purposes described herein;and WHEREAS,under the terms and conditions stated herein, the Grantor desires to convey a utility easement to Grantee for the purposes stated in Section 3 herein. NOW, THEREFORE, in consideration of the stun of One Dollar ($1.00) and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby agrees as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Grant of Easement. Grantor hereby voluntarily grants, sells and conveys unto the Grantee, its successors and assigns, a 20 foot wide easement along the North/South/East/West right-of-way line of ross certain real property described on and acattached fullylocated in Brevard County, moreparticularly Exhibit A, whch is hereo and inorported herein by this Florida,eference.(Parcel ID Section 3. Purpose of Easement. The purpose of the Easement granted herein is more specifically set forth as follows: a. The perpetual right of the Grantee or its designee or franchisee to construct, install, operate, maintain, repair,replace and remove sidewalk,landscaping, utility systems including potable water, sewer,reclaimed water, storm water drainage, lines or pipes, and other utilities such as electricFPL), gas Telephone (Bell South) and communication lines, and the right to transmit and convey utilities through and under said ( property, together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. b. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in Paragraph 1 hereinabove to serve the general public, and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. c. Grantee and/or public utility designees and franchisees in constructing,maintaining, repairing, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to conduct business. d. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors, administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of Page 1 of 2 A '1 the Grantee and Grantee's public utility designee of franchisee,including but not limited to Grantorlacing items within the easement area and allowing Grantor and others to lawfully cross said easement area. P TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns, together with the right to enter upon said lands and to construct and maintain public uses thereon, with all such fills, cuts, drains, pipelines, ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms, covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute obligation of said premises regardless of title of ownership thereof and regardless of any future change which take place therein. an may IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: GRANTOR: STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the aforesaid to take acknowledgments, personally appeared to me known personally or who produced State and County identification,to be the person described in and who executed the foregoing instrument and he acknowledged me that he executed the same for theas purposes set forth herein,and he did not swear an oath. before WITNESS my hand and official seal in the State and County last aforesaid 2005. this day of (Notary Seal) NOTARY PUBLIC My Commission Expires: Page 2 of 2 .,c C 4 ; } . QpCE .0147:7: „ `7, . 9 •,,b ��: '`am Aral, rK. i �6 City of Cape Canaveral; r Yx , 17‘:-.1.,l CITY OF CME CANAVERAL l t o i°. F . �> August 23, 2005 ` ' ` NOTICE OF PUBLIC HEARING ..4A,,-_ �,te, �' ,;-10- TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request#05-10 Notice is hereby given by the City of Cape Canaveral, that A1A Acquisition Group LTD Atlantic Ave, Cocoa Beach, FL, 32931 has requested a S•ecial Exce.tion To Allow a Vehicle Facility in C-1 Zonin � LLD of 3425 N. _.g pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations! Section 110-171C for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, (8959 Astronaut Blvd., Cape Canaveral, FL 32920) In accordance wdth the City Code of Ordinance No. 18-2002, this letter shall serve as notice that be a public hearing before the Cape Canaveral Planning and Zoning Board regardingthe r above. The meeting will be held on Wednesday, September 28, 2005, at 7:30 P.M. in the City Hall there will Annex, 111 Polk Avenue, Cape Canaveral, FL. property noted The Planning 8: Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-namedproperty. administrative approval or denial will come before the Board of Adjustment t asuThe final scheduled meeting. Since your property may be located within 500-feet of comments can be made in person or may be submitted in writingat thea subsequently Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, this property PlanningFand Zoning FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered that person will need a record of the thatpeis made, reco roof includes �e testimony and r and evidence such purpose t poo which the at this meeting, constitute consent by the City for the introduction or admission into evidence otherwise admissible or eed to ensure�irelevant evhat a il recon of the authorize challenges appealsor y appeal is to be based. This notice does not not otherwise allowed b 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. /dance'nor does it Susan Stills, CMC City Clerk u 3 \ b L n� :.6i 1 ' �� Ln 17 �G: ; 105 Polk Avenue 7 Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • AS �'�vwmyflorida.com/ca e FAX: (321) 868-1248 P e-mail: ccapecanaveral@cfl.rr.corn RADIUS MAP rum min in 111W lkillilln-'11111111111111111111111111 B Ilr\„\\ 1111il \ lf,, mpyi4Y7 � ; rrSy e � '' tlN*4 aNie 7 VOI4774 tit M 4 SYP 4 �• isA *44 LT. 1„,4. 4 i 4 II, , .. -, „,,,,,, 4 V I I P IIIA L.ift % WrIllii Brevard County Property Appraises Jim Ford from the Property Appraiser's Office EOFFS DISTANCE 500 FEET APPLICANT NAME(S)/ADDRESS; Based on data 100VEY, KEVIN MAP SCALE IS L6000(one inch=500 feet) This map tsar compiled from recorded documents and does not reflect OWNER NAMES)/ADDRESS: an actual survey.The Brevard County Board of Commissioners, LEGEND Property Appraiser,and Geographic Information Services do not assume responsy6ilit Notification buffer y for errors or ommissions contained hereon Lin Parcel/lot boundaries Produced by:Brevard County Planning&Zoning Office-CLS,August 17,2005 Numbers on map correspond to mailing list PioJill2-kevil02 bevisat-i.coy I City of Cape Canaveral Applicant: William H. Stephenson Location: Range: 37 Township: 24 Section: 15 Acreage: .92 +/-Acres/Hotel Acreage 6.20+/- acres Proposed Use: Vehicle Rental Facility Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to build a vehicle rental facility, Residence Inn. The vehicle rental facility will be on the north out paron one of e lobetween t eout for the Inn and Suites and the Residence Inn located on the west side of AlA at the City's north nduntry tS' rth North South end. MMINNIMIIMIIMME Zonin_ Cl Commercial Com. Plan Cl Commercial C1 Commercial Conservation Cl Commercial Cl Commercial Under C1 Commercial Cl Commercial ExExisting Existing Race Trac Vacant and AJT Under construction construction, service station Office Buildings Residence Inn Country Inn& Suites Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park landP er 1,000 sid Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This raents. population of approximately 12,000 residents. The City's population as of April,8tes to a approximately 10,000. This is still adequate park space available. 2005 was AlA is operating at Level of Service "A" with 481 available peak hour trips between Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level North City "A" with 373 excess trips. of Service is p This development could generate 105 more peak hour trips as added into the Traffic Impact Analysis and capacity is available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment is 1.8 million gallons per day (MGD). capacity of.54 MGD. There is adequate wastewater treatment capacity cit 1.26 aMGD with an excess capacity p y available. 10 The City of Cocoa has a total capacity of 56 MGD and currentlyrovide Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD s 48 MGD. available. 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 vacant Canaveral Complex Ca soil type. type of soil. There are no known wetlands, Aquifer Recharge or Floodplain are as associateleved averal Complex isl to gently sd ing this parcel. There are also no known endangered species living on the site. witthh Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: Not applicable. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and the Board of Adjustment in the evaluation of all criteria relevant t to the application; Board 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 n satisfactorily address one or more of the following, of indication that the request for special exception may besrej shouldcted or that the applicationserve as a preliminary ngr 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 s ormwa r runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site is an out parcel of a hotel located on State Road A-1 A. Anoth hotel is located adjacent and north of the subject site. At this time it does not a er that the special exception would create an adverse impact to the above requirements.ar 2) Will the Special Exception create any unusual police, fire or emergencyservices? s. The proposed development should have no unusual impact police,fire or emergency services. 3) Will the Special Exception meet all the requirements of the zoning district in whi the request is to be located, such as: lot requirements, buildingsetbacks requirements, lot coverage, height, buffers, off-street parking, si ks landscaping, etc.? gns, storage, The lot should be able to accommodate the vehicles to be leased. Due to the size and location of the property the proposed development should be able to meet the above criteria. This will further be addressed at site plan. above 4) Is there adequate ingress and egress, with particular reference to auto andede safety and convenience, traffic flow and control, and emer enc p strian or medical emergency? g y access in case of fire The plan proposes to share an access drive with the adjacent hotel. The shared access sho reduce the impact to traffic flow on State Road A-1-A. uld 5) Is there adequate off-street parking and loading areas creating undue noise, glare, odor or other detrimental effects uponn adjoin without propertyg owners? This development meets these criteria. The proposed plan is for a vehicle rental facility and will accommodate customers with out transportation in the Cape Canaveral area. The plan depicts a circular loading and unloading area for customers. This circular loading and unloading area is located in the interior of the property. Off-street parking is also provided around the perimeter of the circular loading and unloading area. • 6) Is there adequate and properly located utilities available or may reasonably provided to serve the proposed development (if applicable)? be P P p pP There are a full set of utilities available to serve the subject property. There is a proposed pump station on the southwest portion of the property. 7) Is there adequate screening and/or buffering provided to compatibility to adjoining properties? protect and provide The submitted concept plan proposes to provide screeningand buffering. ff ring. 8) Are signs and exterior lighting,g g, 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 subject property is located adjacent to two hotels and it does not appear that at this time the proposed use would worsen existing conditions or create d with the adjoining properties. disharmonies 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the zoning district? requirements of the The subject site is capable of meeting setbacks and open space requirements. 11)Is the proposed use 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 ma be used to measure or determine compatibility? y The subject property is an out parcel of the Residence Inn development and should complement the adjacent land uses. There are two hotels under construction to the west and north of the subject property with State Road A-1-A fronting the eastern boundary. Another undeveloped out-parcel of the Residence Inn development adjacent south of the proposed development. The hours of operation should coincide with normal business hours and the majority of customers will likely be generate the adjacent hotel properties. $ d by by 12)Is the Special Exception consistent with the goals, objectives and of the Comprehensive Plan? policies of 2 5° This special exception request is consistent with the goals, objectives andpolicies the Comprehensive Plan. of 13)Is the Special Exception consistent with the intent of the zonin district with the Special Exception is sought? g fThis special exception request can meet the requirements for this zonin dist ound in the land development code. g rrct 14)Has the petitioner met the minimum requirements for the requested S eci Exception and demonstrated entitlement to the Special Exception which w ll not adversely affect the public interest? dl To be recommended by the Planning and Zoning Board and determined of Adjustment. by the Board 15)Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? tions, To be recommended by the Planning and Zoning Board and determined of Adjustment. by the Board 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1• Zoning Amendment 2. Variance Contiguous Zonin 3. X Special Exception N= South East West 4. Administrative Appeal Cl C1 C1&C2. R3 CONSIDERATIONS SETBACKS: Yes MEETS CODE COVERAGE: CODE VIOLATION (Describe) Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE DENSITY: CODE VIOLATION (Describe) Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES afir Altar W Code Sect. Applicability PARKING Yes No LOADING ZONE 110-491 X NA SETBACKS (A1A Ridgewood/Astronaut) NA X LANDSCAPING X NON-CONFORMITIES 110-566-567 X STRUCTURES NA LAND USES NA NA NOTE: The Planning &Zoning Board should also review Section 110-471- ( 11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 4 i MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: August 23, 2005 Special Exception Request No 05-10 Vehicle Rental Facility The Public Works Department has reviewed the special exception request and have the following comments or concerns: 1. Request a 20 foot easement Agreement. The City of Cape Canaveral is landscaping grant from the Department of Transportation to beautify the AlA corridor.for a The Easement will have little affect on the proposed site plan other then additional landscaping to be planted by the City of Cape Canaveral. Page 1 of 1 Todd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Thursday, August 25, 2005 9:49 AM To: Todd Peetz Subject: Re: Special Exception/Vehicle Rental Facility I have reviewed the special exception and have no comment at this time. SA 9/21/2005 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: September 15, 2005 RE: Special Exception for Vehicle Rentals 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 permitting process for compliance of all local and state codes. 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.