HomeMy WebLinkAboutSpecial Exception No 12-06 File City of Cape Canaveral L:
BuildingDepartment
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DATE FILED.8z3-1 a FEE PAID 4a50,00 DEPOSIT SPeCla
l EXCe1144
RECV'D BY:(W- ($250.00 Filing Fee is non-refundable) %vest igt aro 6
NATURE OF REQUEST
Special Exception is for what purpose (Brief Description) 'Co q((.v.) Aa(xU A4opilte-o(
L►��w� . acilb (AL? s-3 ,z64� (4;4iot-
Address of request (if applicable) 700 W. Ce.cr'ra( ,etat.
Legal Description: Lot Block Parcel Subdv 00'I D. 0
•
Section 15 Township 24 Range 3? . - ..--
STATEMENT OF FACT: State of Florida, County of Brevard; I
t2wi Q R: ohs ,being duly sworn, depose and say that:
✓
r am the property owner.
I am the owner(s) designated agent. (notarized authorization required)
Owner(s) Name(s): 1:?*o.io Q ( Ra, , LL e,
Address: 150 * o.tla hseiukt Slat. (sol 6-01-04 te& .L �L. 3293
Home Phoneme Work Phone (3zi)753- E-Mail 'v+ t alai.cs
Applicant(s) Names(s):
Address:
Home Phone Work P one E-Mail
All inform -ti mn, s e • •s and dat- contained and made part of this - uest, are honest
and true .. e be. •of i y knowle ge and belief. "`"•'` ; KENDELL KEITH
X
MY COMMISSION#DD808442
/ ` •• oma ' EXPIRES July 23.2012
Si• ature of Applicant (+07)398-0153 FloridaNWarySarvica.corn
44,
Sworn to and u• cribed before me on this (P day of 20 1
4.,41,0/ der.'"
Notary Public, State of Florida
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 PIanning &Zoning Board. (A deposit may be required per Section
110-92)
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City of Cape Canav
APPLICATION FOR7I-t CIAL EXCEPTION
This application must be legibly completed and returned, with all enclosures
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment. The
owner or a owner representative are required to attend the meetings and will be
notified by the board secretary of the date and time of the meetings. The
Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays
of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE
SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any
questions, please contact the Building Department at (321) 868-1222.
DATE: 5 - Ia.
1. NAME OF APPLICANT(S) Otxt r' g;vi)ol,il,447ii:aeeLd 'Pc( V-;o
r
ADDRESS (if assigned) 100 CO,Ce(i ttT t/ kU
PHONE # *0103.33c•`l FAX # E-MAIL
2. COMPLETE LEGAL DESCRIPTION OF PROPERTY:
LOT: BLOCK: SUBDIVISION: 00510.0
PARCEL:
SIZE OF SUBJECT PROPERTY IN ACRES:
SECTION: 15 TOWNSHIP Z`{ RANGE 37
DESCRIPTION: Sec 4 Lc 17640.
3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS
SOUGHT •
(EXAMPLE, ARTICLE X, SECTION 2) ciu c4- 110, Qrtick Vii, Sea. 110.311
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.) 2
6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE
DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE:
(a) Adequate ingress and egress may be obtained to and from the property,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and emergency access in case of fire
or medical emergency.
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(b) Adequate °Le et parking and loading areaud 2 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):
a114C[tR
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THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS
APPLICATION:
Z*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: StevtrA Coin
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.
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Casa Canaveral Assisted Living Facility
Special Exception for Assisted Living Facility in R-3 Zoning
Justification Statement
Background
On November 26, 2010, the City of Cape Canaveral adopted Ordinance No. 17-2010 to
establish Assisted Living Facilities as a special exception use in the R-3 Zoning District.
Assisted Living Facilities are designed specifically for persons who require assistance with
some or all of their Activities of Daily Living (self/personal care), coordination of services,
and monitoring of their safety, health and well-being. They are between independent
living communities and skilled nursing facilities in terms of services and support
available.
The subject property is uniquely situated between existing residential to the west and
commercial to the east. The ALF is compatible with the surrounding uses and makes an
ideal transition between the commercial and residential uses, while fulfilling a specific
housing need of the community. The proposed ALF also supports the economic
development initiatives of Envision Cape Canaveral, while having minimal impacts on
the surrounding public infrastructure.
Site Data
The proposed ALF on Central Boulevard is located on a site that was originally planned
as future phases of the adjacent Puerto Del Rio residential condominiums. As shown on
the proposed site plan, the ALF is a 4 story building with 300 beds. As defined in Sec.
110-1 of the Cape Canaveral Zoning Code, ALF are allowed the equivalency of 2.5
beds per allowed dwelling unit. The following is a summary of the proposed use:
Existing Zoning: R-3
Parcel Size: 7.7 acres
Permitted Residential at 20 Units/Acre*: 154 units
ALF Equivalency (2.5 beds per unit): 385 beds
Proposed Total Beds: 300 beds
Proposed Residential Units: 248 units
* R-3 maximum density of 20 units per acre when located on a collector road.
Parking
Sec. 110-491 of the Cape Canaveral Zoning Code requires two (2) parking space for
every three (3) units, plus one space for each employee on the largest working shift.
248 units x 2 spaces per 3 beds = 166 spaces
Largest working shift = 35 spaces
Total Parking Required: 201 spaces
Total Parking Provided: 208 spaces
1 March 16, 2011
Special Exception Review Criteria
The following questions are the criteria used by the Planning and Zoning board and
board of zoning adjustment regarding the special exception.
Impacts to surrounding properties
1. Is the proposed Special Exception compatible and harmonious with properties and
uses in the surrounding area? Explain Why.
The subject property is uniquely situated between existing residential to the west and
commercial uses to the east. The proposed use serves as an ideal transition from the
commercial uses and is highly compatible with the adjacent residential uses.
2. Will the scale and intensity of the proposed special exception be compatible and
harmonious with the adjacent land uses?
The ALF is a residential use that is highly compatible with existing residential in the
area. The architecture of the Casa Canaveral ALF is designed so that the massing
and height of the building is harmonious with the adjacent Puerto Del Rio
condominiums. The building face is offset with each building face no larger than 80
feet long to match the existing condominiums.
3. Will the traffic generated, volume and type, adversely impact land use activities in
the immediate vicinity?
Since ALF residents have a reduced reliance on automobiles, there is a
corresponding reduction in the total number of vehicular trips that are associated
with an ALF. As such, the City of Cape Canaveral is able to maintain an adequate
level of service on the roadway to serve the residents without the need to expand
roadway capacity:
Traffic Impact Comparison
Approved Condominiums: 128 units
ITE Projected PM Peak Trips/Unit: 0.55 trips
Total Projected Trips for Condos: 70 trips
Casa Canaveral ALF: 300 beds
ITE Projected PM Peak Trips/Bed: 0.17 trips
Total Projected Trips for ALF: 61 trips
4. Will the proposed special exception create any adverse impacts to other properties
in the surrounding area? Address the creation of noise, light, vibration, odor, traffic,
stormwater runoff, or other offsite impacts.
As shown on the site plan, all service areas including loading areas and dumpsters
are located on the western border, adjacent to commercial and as far away from
existing residential as possible. The parking and traffic circulation are designed to
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2 March 16, 2011
have minimum impact to other properties in the surrounding area. Stormwater runoff
is addressed by a shared retention pond to the west of the development.
5. Will there be adequate screening, buffers, landscaping, and open space, etc. To
mitigate any adverse impacts of the SE?
Yes. In addition to building landscaping as required by the Zoning code, a 6-foot
high masonry wall will be built where the driveway abuts the adjacent residential
property. Loading docks and dumpsters will be screened from public view
consistent with the specific requirements for ALFs as prescribed in Sec. 110-488(d).
6. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the SE requested?
Yes, see attached site plan.
7. Are signs and exterior lighting designed and located so as to promote traffic safety
and to minimize any undue flare or incompatibility with adjoining properties?
Yes. The minimal proposed signage will be subject to review and approval by the
City of Cape Canaveral Community Appearance Board.
8. What are the hours of operation and how will they impact surrounding properties?
The Casa Canaveral ALF is a residential facility that will be occupied and staffed 24
hours a day.
Traffic and Parking
9. Is there adequate off-street parking?
Yes. The parking meets all requirements of Sec. 110-491 of the City of Cape
Canaveral Zoning Code for parking.
10. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow and emergency access?
Yes. All traffic circulation has been reviewed by engineering public safety officials
for adequate traffic flow and emergency access.
11 . What type and how much traffic will the SE generate?
Since ALF residents have a reduced reliance on automobiles, there is a
corresponding reduction in the total number of vehicular trips that are associated
with an ALF as compared to the previsously approved residential condominiums
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Traffic Impact Comparison
Approved Condominiums: 128 units
ITE Projected PM Peak Trips/Unit: 0.55 trips
Total Projected Trips for Condos: 70 trips
Casa Canaveral ALF: 300 beds
ITE Projected PM Peak Trips/Bed: 0.17 trips
Total Projected Trips for ALF: 61 trips
12. Are there adequate loading and unloading areas?
All loading and service areas are located on the northeast side of the building as
shown on the site plan.
Public Services
13. Are there adequate public utilities available? Location and capacity.
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services?
No. All ALFs are required to prepare an emergency evacuation plan that must be
approved by the State prior to issuance of a license.
15. Will the proposed Special Exception have any adverse impact on public services
including water, sewer, surface water management, parks and recreation, streets,
public transportation, marina and waterways, and bicycle and pedestrian facilities?
No. It is projected that the proposed use will have a significantly less impact on
public services that the previously approved residential condominiums.
16. Is there adequate refuse facility for the use and is the dumpster properly located
and screened?
Yes. Dumpsters will be screened from public view consistent with the specific
requirements for ALFs as prescribed in Sec. 110-488(d).
Miscellaneous Impacts
17. Will the proposed SE have an adverse impact on the natural environment, including
air, water, and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards?
No. The subject property is located in an urbanized area and the site was previously
graded and prepared for development.
4 March 16, 2011
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including vies and vistas, and loss or degradation of cultural and historic
resources?
No. Due to the location of the property west of Hwy 1A/Astronaut Blvd, the property
is not in a location that will block views or breezes from the Atlantic Ocean or
Banana River shores.
19. Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values?
No. In addition to construction jobs, ALF provides support neighborhood-based small
business endeavors which support such facilities. These may include, but are not
limited to pharmacies, doctor's offices, walk-in clinics, recreational/fitness centers,
neighborhood markets, and sit-down restaurants.
20. Will the proposed amendment have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality?
The Casa Canaveral ALF will fulfill a specific housing need that is currently not being
met in this community. Families will no longer need to travel outside the City of Cape
Canaveral to see their loved ones in a skilled care facility.
Nationally, according to a report issued by AARP, people facing the harsh reality of
having to deal with the impaired capacity of loved ones or themselves, are
requesting that services be delivered in their homes or in a more home-like
community setting such as assisted living facilities. Economically, environmentally,
and socially, it makes sense that residents receive these services in their
neighborhood, where they can continue to live, play and contribute.
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Home and Community-based facilities such as the Casa Canaveral ALF offer
residents a high degree of communication and interaction, companionship, and an
improved quality of life. Certain on-site amenities such as community dining,
greatly reduces the isolation that elderly tend to experience when living alone in the
community.
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OPINION OF TITLE
TO: TIE CITY OF CAPE CANAVERAL,FL
IN RE: PROPERTY OF PUERTO DEL RIO, LLC, A FLORIDA LIMITED
LIABILITY COMPANY -Property located at Central Blvd. near Thurm
Blvd.,Cape Canaveral,FL 32920
This is to advise you that the law fine of MOSLBY&WALLIS,P.A.has caused to be
examined the public records of Brevard County, Florida, affecting the title to the following
described real property:
1,EGAL QPRiETION
(By SUrwyor)
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH,RANGE 37 EAST,
BREVARD COUNTY, FLORIDA, BEING A PORTION OF PUERTO DEL RIO PHASE 3 AS
RECORDED IN OFFICIAL RECORDS BOOK 6519,PAGE 6509,BOUND ON THE NORTH AND
\VEST BY PHASES 3A AND 3B OF SAID OFFICIAL RECORDS BOOK 6519,BOUND ON THE
EAST BY OFFICIAL RECORDS BOOK 3675,PAGE 971, OFFICIAL RECORDS BOOK 3949,
PAGE 1127 AND OFFICIAL RECORDS BOOK 3064, PAGE 2885 AND BOUNDED ON THE
SOUTH BY CENTRAL BOULEVARD PER OFFICIAL RECORDS BOOK 3057,PAGE 445,ALSO
BEING PHASES 3C, 3D AND 3E OP SAID OFFICIAL RECORDS BOOK 6519, ALL AS
RECORDED IN THE PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT AN INTERSECTION OP THE NORTH RIGHT-OF-WAY LINE OF SAID
CENTRAL BOULEVARD,(A 100 FOOT WW PER O.RB.3057,PAGE 445)AND THE EAST
LINE OF SAID O.R.B.4292,PAGE 2493,THENCE N.00°51'26"W.ALONG SAID EASTERLY
LINE OF SAID O.R.B. 4292, PAGE 2493, FOR A DISTANCE OF 976.72 FEET; THENCE
CONTINUE ALONG SAID EAST LINE N.48°06'35"E.FOR A DISTANCE OF 258 02 FEET TO
AN INTERSECTION WITH THE WEST LINE OF SAID O.R.B. 2675, PAGE 971; THENCE
S37°22'00"E.ALONG SAID WEST LINE FOR A DISTANCE OF 157.75 FEET TO THE POINT
OF BEGINNING SAID POINT ALSO BEING THE NORTHERLY AND WESTERLY LINES OF
PHASE 3C,PUERTO DEL RIO;THENCE ALONG THE SAID NORTHERLY AND WESTERLY
LINES,THE NEXT(18)COURSES,S.72°07'51"W.FOR A DISTANCE OF 76.21 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 150.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 17°18'2S"FOR AN ARC DISTANCE OF 45.3: FEET TO A
POINT OF TANGENCY;THENCE S.89'26'19"W.FOR A DISTANCE OF 5.51 FEET;THENCE
S.00°35'41"E.FOR A DISTANCE OF 130.26 FEET;THENCE S.78°53'42"E.FOR A DISTANCE
OF 198.89 FEET; THENCE S.52°39'13" W. FOR A DISTANCE OF 95.63 FEET; THENCE
S,37'20'24"E.FOR A DISTANCE OF 24.52 FEET;THENCE S.07°39'36"W.FOR A DISTANCE
OF 46.43 FEET; THENCE S,37'20'24" E. FOR A DISTANCE OF 90.90 FEET; THENCE
S.32'24'31"E.FOR A DISTANCE OF 23.20 FEET;THENCE S.37°.0'24"E.FOR A DISTANCE
OF 22.88 FEET; THENCE S.41°26'40" E. FOP, A DISTANCE OF 30.27 FEET; THENCE
S 31°20'24"E FOR A DISTANCE OF 142.32 FEET;THENCE N.52`39'36"E.FOR A DISTANCE
OF 25.11 FEET: THENCE S.37°20'24" E. FOR A DISTANCE OF 32.80 FEET; THENCE
S.5299'36"W.FOR A DISTANCE OF 139.95 FEET;THENCE S.37°20'24"E.FORA DISTANCE
OF 135.38 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 385.00 FEET,SAID POINT HAS A RADIAL BEARING OF S.25'58'21"E.FROM
THE CENTER OF SAID CURVE;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF I643'53"FOR AN ARC DISTANCE OF 112.43
FEET TO THE EASTERLY AND NORTHERLY LINES OF PHASE 3B, PUERTO DEL RIO;
THENCE S.0994'29" E ALONG TEM EASTERLY LINE OF SAID PHASE SB FOR A
DISTANCE OF 15.00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 400.00 FEET,SAD POINT HAS A RADIAL BEARING OF S.09°74'29"
E.FROM THE CENTER OF SAID CURVE;THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF I"02'01"FOR AN ARC DISTANCE OF 7.22
FEET;THENCE N.0095'22"E.ALONG SAID EASTERLY LINE FOR A DISTANCE OF 180.20
FEET TO A POINT ON 'ME SAID NORTH RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD;THENCE S.89°27'05"E.ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF
557.40 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 561.05 FEET,SAID POINT HAS A RADIAL BEARING OF S.00°32'55"
W.FROM THE CENTER OF SAID CURVE;THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE AND THE SAID NORTH RIGHT-OF-WAY LINE THROUGH A CENTRAL
ANGLE OF 12°54'31"FOR AN ARC DISTANCE OF 126.40 FEET TO AN INTERSECTION
WITH THE WEST LINE OF O.R.B. 3064.PAGE 2885,AND THE SAID NORTH RIGHT-OF-
WAY, THENCE LEAVING SAID RIGHT-OF-WAY LINE N.37°22'00" W. ALONG SAID
WESTERLY LINE OF SAID O.R.E. 3064,PAGE 2885,O.R.B 3949,PAGE 1127 AND O.R.B.
3675.PAGE 911 FOR A DISTANCE OF 1278.39 FEET TO TIT POINT OF BEGINNING.
s r',bb,, aK as ClnnmY•,d,'..OPIT I°&Tcd..am
It is the opinion of the undersigned member of the law firm that fee simple title to the
above described property is vested in PUERTO DEL RIO, LLC, a Florida limited liability
company as of Marcb 14,2011,subject to the following:
1. Mortgage in favor of First Horizon Home Loan Corporation recorded in O.R.
Book 5402,Page 6896 8.9 modified by Mortgage Modification Agreement and Notice of Future
Advance recorded in O.R.Book 5608,Page 2310;as assigned by Assignment recorded in O.R.
Book 5715,Page 7784 and as modified by Mortgage Modifications recorded in O.R.Book 5715,
Page 7799 and U.R.book 6286,Page 2737,all of the Public Records of Brevard County,Florida.
2. Ad Valorem Real Estate Taxes for 2010 are now due and payable. All prior year
taxes have been paid.
DATED this Ig day of March,2011.
MOSLEY&WALLIS,P.A.
By;
Curtis R.Mosley
STATE OF FLORIDA
COUP IY OF BREVARD
The foregoing instrument was rcknowledged before me this 1S' day of March,2011,by
CURTIS R.MOSLEY who is persons:Iy known to me or who has produced as identification and
who did/did not take an oath.
WITNESS my hand and official seal this 1'r day of Match,2011.
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DANNY P. RINGDAHL ENTERPRISES, INC.
Developer • Builder • Broker
750 North Atlantic Avenue,Suite#1209 State Certified General Contractor CGC009996
Cocoa Beach,Florida 32931 (321) 783-1373 State Certified Roofing Contractor CCC057339
July 30,2013
Mr. Barry Brown
Planning and Zoning Director
City of Cape Canaveral , Fl.
32920
Re: Twelve month extension/Casa Canaveral ALF
Dear Mr. Brown,
I am hereby requesting a twelve (12) month extension for the special exception
and variances for e"Casa Canaveral Assisted Living Facility". We are still
processing and have ma.- iderable progress on project financing for this
facility, but have not completed .1 funding. Please set this item on the Board
of Adjustment's agenda prior to the c .ent twelve month approval expiration.
Thank you for your assistance.
-,
Respectfully,
Danny P. Ringdahl Sr.
MEMORANDUM
Date: August 1 , 2013
To: Board of Adjustment members
From: Barry Brown, Planning and Development Director
RE: August 8, 2013 Board of Adjustment Meeting
The agenda for this meeting includes: 1) A request from Danny Ringdahl to extend the
Special Exception and Variance approvals for the Casa Canaveral Assisted Living
Facility (ALF), and 2) Interview of Melinda Jester for a position on the Board.
A Special Exception and Variances for the Casa Canaveral Assisted Living Facility were
originally approved by the Board on April 28, 2011 . Approvals expired after 12 months
so Mr. Ringdahl reapplied for the Special Exception and Variances and on August 30,
2012 the Board again granted approval of the requests. The Special Exception and
Variance approvals will expire on August 30, 2013 unless an extension is granted.
The Code allows for the Board of Adjustment to grant a 12 month extension if the
applicant can demonstrate "good cause" for the extension and if the request is
submitted prior to the expiration of the first 12 month period.
Sec. 110-32. Expiration of variance or special exception; abandonment.
(a) Any variance or special exception approved by the board of adjustment pursuant to this
article shall expire 12 months after the effective date of such approval unless a building
permit based upon and incorporating the variance or special expiration is issued by the city
within said time period. Upon written request of the property owner, the board of adjustment
may extend the expiration date, without public hearing, by an additional 12-month period,
provided the property owner demonstrates good cause for the extension. Such request shall
be submitted to the board of adjustment prior to the expiration of the first 12-month period. In
addition, if the aforementioned building permit is timely issued, and the building permit
subsequently expires and the subject development project is abandoned or discontinued for
a period of six months, the variance or special exception shall be deemed expired and null
and void.
By way of enclosed letter dated July 30, 2013, Mr. Ringdahl is requesting a 12 month
extension of the Special Exception and Variances granted on August 30, 2012. Minutes
of the August 30, 2012 meeting, applications, and staff reports are included in this
packet.
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Mr. Ringdahl continues to seek funding for the project and believes he has made
considerable progress in this regard. Staff considers the economic recession to be
"good cause" to grant the extension and recommends approval of the request.
Also, Melinda Jester will be interviewed for a vacant position on the Board (see attached
application).
If you have further comment or question, please email
B.Browncityofcapecanaveral.orq or call me at 321 868-1206.
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RADIUS MAP
FOREMAN, DANIEL T
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MAP SCALE IS:1:6,000 OR 1 inch equals 500 feet Legend
pffvAqcBUFFER DISTANCE: 500 feet
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This map was compiled from recorded documents and does not reflect f�� Parcel/lototificaboundaries
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\ I Y/�:' '� not assume responsibility for errors or omissions contained hereon.
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Produced by:Brevard County Planning&Zoning Office-GIS 8/712012
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PURCHASE ORDER
City of No. 0000006715
I
Cape Canaveral -----
ittaziisr
VENDOR: SHIP TO: BILL TO: flit COpy
US Post Office 7510 N.Atlantic Ave Cape Canaveral
8700 Astronaut Blvd. Attn: Finance Dept.
7510 N.Atlantic Ave. P.O. Box 326
Cape Canaveral,FL 32920 Cape Canaveral,FL 32920
Cape Canaveral,FL 32920-
VENDOR NO. VENDOR PHONE NUMBER TERMS DATE REQUIRED DELIVERY DATE
USPS 0 08/09/2012
SHIPPING INSTRUCTIONS
(none)
ITEM QTY U/M DESCRIPTION/TASK PRD CODE ACCOUNT UNIT PRICE AMOUNT
1 253.00 EA Stamps for Mailout 001-000-000-202240 0.45 113.85
SUBTOTAL: 113.85
TAX: 0.00
SHIPPING: 0.00
TAXABLE: No TOTAL: 113.85
CONFIRMING:
3.40
Off' 'G,.�
IMPORTANT: OUR ORDER NUMBER MUST APPEAR ON EVERY INVOICE AND PACKAGE
If specified,the right is reserved to cancel this order if not filled within the contract time. The conditions of this order arc
not to be modified by any verbal understanding. Invoices and packages must bear this order number.This PURCHASE ORDER VOID
AFTER 9-30-2012.
City of Cape Canaver.,.
Liwy Escrow Request
Date: f Ul.3
Requested by: Susan C.ixtvernala
Project Name: 2. a ,.. .. : 4. i Se-i, 4. 6 'IT
Project Number: ;ti; :y a( Siu t
t � .�,r r�_{i
7� 1l 1700 CV 0,-041
Account Number: 001-000-000-202240
❑✓/ Special Exception Preliminary Plat
Site Plan J Final Plat
Variance Lot Split
Rezoning J Records Request
jJComp Plan Amendment n Other
QVoluntary Annexation
Special Instructions: Special Exception Cost Estimate Breakdown:
-1V�f-c- h
X53' pieces of mail @ 45/ea=$ i 13:&5
Ct.) l I �iJ i
5.-3 sheets of card stock @ .o5/ea= $ ta-4.75
ahGt rt�'1(' 53 copies: 0 up on 8 '/2 X ii @ .15/ea=$ 3?7:
TOTAL:$ i(o .415
Clerk's Office Services Provided: Ai, A .
Community Dev Dept. Services Provided: HO(l ,d Olin XO(.t - PA(*)+ QU,JQ-UL)
w1ih 5O . r o5 e 'a
440-h
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Initial Deposit Required: tt> l(c °q5 Date Received:
Estimated Cost(s) ( (.0- ,41 5
Vendor(s)
Revised 05/20/10
•
CAPE CANAVERAL MPO
CAPE CANAVERAL, Florida - - _
329209998
1169180280 -0097
08/08/2012 (321)783.3163 03:52:13 PM
Sales Receipt '
Product Sale Unit Final
-
Description Qty Price Price `..,•••• - -
(Forever) 1 $9.00 $9.00
Four Flags
Double Sided
Bk1t/20 -` ?
.� rt.
(Forever) 1 59.00 59.00
Four Flags - - r
Double Sided
8611/20 - _ ''.
(Forever) 1 545,00 545.00 - 1 - -
Four Flags - -
Coil/100
(Forever) 1 545.00 545.00
Four Flags
Co11/100 -
(Forever) 13 50,45 55.85 _ _.-
Purple Heart - -,
PSA
Total: 5113.85
Paid by:
VISA 5113.85
Account /: 003200XXXXXX9153 -!
Approval I: 062951 '. ,
Transaction 0: 49 - ..,.,
23 902940923
Order stamps at usps,com/shop or call
1-800-Staep24. Go to usps-com/clicknshlp
to print shipping labels with postage. .+e
-
for other information call 1-800-ASR-USPS. - - - _.
Get your mail when and where you want It '
with a secure Post Office Box. Sign up for
a box online at usps.com/poboxes. - - -
•
81110: 1000302954747 - _ - • ,
Clerk: OB
All sales final on stases end postage ---:Q: -
Refunds for guaranteed services only
Thank you for your business - - —
HELP US SERVE YOU GETTER -
Go to: https://postelaxpariance.com/Pos - yy
TELL US ABOUT YOUR RECENT 3 _
POSTAL EXPERIENCE 1
YOUR OPINION COUNTS _
Customer COPY -
1
Purchase Orders <41
1
•
PO Proof List City of •
Cape Canaveral tayd .1 '
User: S.Chapman
Printed: 08/09/2012- 8:50AM
Batch: 40901.08.2012
Ship Location
Line Item Description
PO No. Vendor No. Vendor Name PO Date Acct No. Account Description ' Amount Onty
7510 N.Atlantic Ave
Stamps for Mailout
0000006715 USPS US Post Office 8/9/2012 001-000-000-202240 Building Review Escrow $113.85 253(
$113.85 253.00
Grand Total: $113.85 253.00
0
PO-PO Proof List(08/09/2012- 8:50 AM)
Page 1
RECEIPT
Pgv'4 A
BREVARD COUNTY 0a.' `` '�00
2725 JUDGE FRAN JAMIESON WAY C
VIERA, FL 32940 • r
Application: 06POS-00000-#0000
Application Type: _MODULE/_PER_TYPE/_PER_SUB_TYPE/_PER_CATEGORY
Address:
Receipt No.: 317165
Payment Method Ref Number Amount Paid Payment Date Cashier ID Comments
Check 1608 $40.00 08'082012 JOYCE DRUM POS#23617
M
Owner Info.:
Work Description:
Invoice# Invoice Date Period Fee Item Fee
315752 08-Aug-12 FINAL PZ-Graphics/GIS $4000
Subtotal: 54000
Total Fee: $4000
*Note: Additional Fees may apply to obtain a Certificate of Completion, a
Certificate of Occupancy,or a Final Building Inspection.
Please call the Central Cashier to verify.
Contact Numbers
Building Dept.—633-2072,Central Cashier—633-2068,Code Enforcement—633-2086,
I anti nnvalnmmcanf_.Al%,Ntoc _ .. . ._ -
1923-25 LLC AlA ACQUISITION GROUP LTD LLP ABBOTT-STORM,DANIELLE T TRUSTEE
701 SOLANA SHORES DR#A-501 3425 N ATLANTIC AVE 15 INDIAN RIVER DR#602
CAPE CANAVERAL FL 32920 COCOA BCH FL 32931 COCOA FL 32922
ALBERICO, MONICA W ALVARADO, DUANE E ANDERSON,WILLIAM C
356 SMITH RD 8964 PUERTO DEL RIO DRIVE#2304 ANDERSON,SUSAN M H/W
HYDE PARK NY 12538 CAPE CANAVERAL FL 32920 3612 PANAMA DR
WESTERVILLE OH 43081
ANDERSON,WILLIAM E ANDREWS,JILL ANDREWS,JILL K
752 BAYSIDE DR #206 8954 PUERTO DEL RIO DR#401 8954 PUERTO DEL RIO DR#1401
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
ANGEL'S ISLE INC ARSENAULT, RONALD 1 ATKINSON,KATHLEEN H
807 W CENTRAL BLVD ARSENAULT,JEANNE G H/W ATKINSON,RONALD J H/W
CAPE CANAVERAL FL 32920 15 CARRIAGE DR 22 IRENE BLVD
WOODBRIDGE CT 6525 HOWELL NJ 7731
BAILEY,MARILEE F BAKER,GERALD BALAGUERO,SUSAN S TRUSTEE
4365 ITALY VALLEY RD BAKER,BARBARA H/W 8935 PUERTO DEL RIO DR#202
PENN VAN NY 14527 8984 PUERTO DEL RIO DR#402 CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920
BARKAN,NEAL J BARNES,JOHNATHAN P BARSHAW,WAYNE A
WARSAME,ABDULLAHI S ETAL 752 BAYSIDE DRIVE#403 BARSHAW,SHERRILL L TRUSTEES
81 5 4TH ST STE 300 CAPE CANAVERAL FL 32920 742 BAYSIDE DR#B-504
COLUMBUS OH 43215 CAPE CANAVERAL FL 32920
BARVINCHAK,JOHN M BAUGHER,ROBERT A TRUSTEE BEARDALL,JAMES
BARVINCHAK, LINDA A H/W 2210 S ATLANTIC AVE BEARDALL,PAULINE H/W
742 BAYSIDE DR UNIT B-303 COCOA BCH FL 32931 8914 PUERTO DEL RIO DR#10301
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
BECK,WOODROW BEDWELL,WILLIAM F JR BELL,ANTHONY M
BECK,MARY H/W BARLOW,ELIZABETH T H/W BELL,ELLEN E H/W
408 BT ROAD 8924 PUERTO DEL RIO DR#504 640 RIEDU RD
LUMBERTON NC 28358 CAPE CANAVERAL FL 32920 LISLE IL 60532
BENNETT,E THOMAS BENTO,CHARLES P III TRUSTEE BESWICK,MICHELE R
BENNETT,CAROL L LIFE ESTATE 8934 PUERTO DEL RIO DR#8201 12122 MONUMENT DR UNIT 427
8934 PUERTO DEL RIO WAY#8302 CAPE CANAVERAL FL 32920 FAIRFAX VA 22033
CAPE CANAVERAL FL 32920
a -
BHALLA,ANUP BLACKMON,DONNA L
3851 SHORE DRIVE MC GUIRE,TIMOTHY W
INDIANAPOLIS IN 46254 5826 MARLBOROUGH AVE
PITTSBURGH PA 15217
BLUM,GEOFFREY K BODE,LAURE BOTTINGER,WILLIAM J
556 LE MASTER DRIVE 800 BAYSIDE DR BOTTINGER,JOSEPHINE J H/W
PONTE VEDRA BCH FL 32082 CAPE CANAVERAL FL 32920 2102 BLUFFS DR S
BAITING HOLLOW NY 11933
BOYLE,JEROME PILLOW BRANCH BANKING&TRUST COMPANY BRATER,ROBERT G
BOYLE,JOAN CAROL H/W 301 COLLEGE STREET BRATER,PATRICIA L TRUSTEES
275 BAYSHORE BLVD UNIT 1502 GREENVILLE SC 29601 1105 MOLAKI DR
TAMPA FL 33606 MERRITT ISLAND FL 32953
BROOKS,JAMES P BROWN,MARK J BRYN,CARL D
CAVANAGH,SUZANNE P BROWN,ALLISON J H/W BRYN,DIANE H/W
708 BAYSIDE DR 6134 RUSHING PARC LANE 6234 HALYARD COURT
CAPE CANAVERAL FL 32920 HOOVER AL 35244 ROCKLEDGE FL 32955
BUDDE,DOUGLAS R BURGER KING CORPORATION CANAVERAL PORT AUTHORITY
BUDDE,MARGARET M B H/W P 0 BOX 20783 445 CHALLENGER RD STE 301
8964 PUERTO DEL RIO DR#501 GENERAL MAIL FACILITY CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920 MIAMI FL 33102
CARGIN,ROBERT K CARPENTER,WAYNE A
864 HELENHURST CT CARPENTER,DIANA
WESTERVILLE OH 43081 20530 HILLSBORO
MACOMB MI 48044
CARR, FREDDIE S CARTER,JOHN C CASCIO,SUSAN E
BURGESS,REBECCA A CARTER,SUSAN T TRUSTEES 768 LAGO DR#203
700 BAYSIDE DRIVE 720 BAYSIDE DR CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
CEVESCO INC CHENAULT,DAVID W CLARK,THOMAS
P 0 BOX 2228 770 BAYSIDE DR#301 CLARK, DALE H/W
HICKORY NC 28603 CAPE CANAVERAL FL 32920 768 LAGO DR#502
CAPE CANAVERAL FL 32920
CLAUS,ROGER S CLOUSE,ROBERT COATES,LEE TRUSTEE
CLAUS,SUSAN W H/W 742 BAYSIDE DR UNIT 302 814 BAYSIDE DR
752 BAYSIDE DR UNIT A405 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920
COCOA BEACH MOTEL TWO INC COFFIELD,DONNIE L SR COGSWELL,DENIS L
2210 S ATLANTIC AVE COFFIELD,MARILYN L CURRENT-COGSWELL,E L TRUSTEES
COCOA BCH FL 32931 742 BAYSIDE DR UNIT 406 8914 PUERTO DEL RIO DR#501
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
26.
COGSWELL,DENIS L TRUSTEE COOKE,LORRAINE R
COGSWELL,ELIZABETH L C TRUSTEE 4186 PARSONS WALK
8914 PUERTO DEL RIO UNIT 501 SAGINAW MI 48603
CAPE CANAVERAL FL 32920
COSTA,FERNANDO A CRANDALL,CYNTHIA K CRISCIONE,VINCENT A
COSTA,KATICA H/W CRANDALL,JAMES E H/W 8984 PUERTO DEL RIO DR #304
134 DELARMBRO DRIVE 8935 PUERTO DEL RIO DR#7201 CAPE CANAVERAL FL 32920
ERIN ONTARIO HOB 1T0 CAPE CANAVERAL FL 32920
CANADA
CROUSE,JAMES E CSITARI,MIKULAS DANIELS,DAVID M
CROUSE,ALICE R H/W CSITARI,ROMI H/W P 0 BOX 690194
4720 SALTSBURG RD 812 BAYSIDE DR ORLANDO FL 32869
MURRYSVILLE PA 15668 CAPE CANAVERAL FL 32920
DANOY,ERIC DAWOODJEE,YOUSUF A DAY DEVELOPMENT CORPORATION OF
DANDY,SONJA H/W 2302 BUTTERFLY PLAM WAY APT 304 CAPE CANAVERAL
71 FULHAM LANE KISSIMMEE FL 34747 P 0 BOX 939
HOLBROOK NY 11741 CAPE CANAVERAL FL 32920
DE CECK,BEVERLY R DE CLUE,SYLVIA B LIFE ESTATE DENNIN,LAWRENCE 11R
784 BAYSIDE DRIVE#501 8954 PUERTO DEL RIO DR#404 DENNIN,JANICE M ETAL
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 8924 PUERTO DEL RIO DR#203
CAPE CANAVERAL FL 32920
DEPAZ,WANDA I DI MASI,BARTHOLOMEW DICKENSON,DAVID S
8954 PUERTO DEL RIO DR UNIT 1403 DI MASI,THERESA TRUSTEES DICKENSON,JEANETTE E CO-TRUSTEES
CAPE CANAVERAL FL 32920 8924 PUERTO DEL RIO DR 400 5 BANANA RIVER BLVD
CAPE CANAVERAL FL 32920 COCOA BCH FL 32931
DOSCHER,RICHARD 0 DURAN,WILLIAM DUTTON,PATRICK K
DOSCHER,GAIL H/W DURAN,DORA 752 BAYSIDE DR#504
810 CENTRAL BLVD W 5904 GAREAU DRIVE CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920 NORTH OLMSTED OH 44070
DYER,DAVID W EDWARDS,ANGELA JEAN EGAN,KATHLEEN M
VILLE,JEFFREY A GARBIN,KEVIN J 8932 LAGUNA LANE#12-301
403 TRADEWINDS DR 8984 PUERTO DEL RIO DR#404 CAPE CANAVERAL FL 32920
INDIAN HBR BCH FL 32937 CAPE CANAVERAL FL 32920
ELLINGSON,GREGORY P JR ELLIS, REBECKAH ERENTREICH,GAIL K TRUSTEE
ELLINGSON,JENNIFER T H/W 953 QUINN ST 8922 LAGUNA LANE
2912 BELLWIND CIR PALM BAY FL 32909 CAPE CANAVERAL FL 32920
ROCKLEDGE FL 32955
FARINELLA,NICHOLAS FARINO,SALVATORE FEINERMAN,STANLEY S
HILL,KEVIN H/W 780 BAYSIDE DR FEINERMAN,GLORETTE A H/W
2955 PINEDA CSWY STE 124 CAPE CANAVERAL FL 32920 8964 PUERTO DEL RIO DR
MELBOURNE FL 32940 CAPE CANAVERAL FL 32920
Ci
FELIX,REBECCA D FLACK,WILLIAM M
FELIX,SANDRA J ETAL FLACK,LELA SUZANNE TRUSTEES
8932 LAGUNA LANE UNIT 203 712 BAYSIDE DR
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
FOREMAN,DANIEL T FOSTER,GEORGE FRANKS,ALBERT 1
FOREMAN,KIMBERLEAY H/W 8934 PUERTO DEL RIO DR FRANKS,LINDA D H/W
3559 IMPERATA DR CAPE CANAVERAL FL 32920 792 BAYSIDE DR#602
VIERA FL 32955 CAPE CANAVERAL FL 32920
FRIEDMAN,RONALD FRISCHMANN,JOSEPH K FUEHRER,ALLEN
FRIEDMAN,DEANA H/W FIRSCHMANN,MARY K TRUSTEES 752 BAYSIDE DR#304A
742 BAYSIDE DR UNIT 405 752 BAYSIDE DR#406A CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
GAMBLIN,LEONARD GAMBLIN,LEONARD WILLIAM GANOE,RAYMOND A
GAMBLIN,YVONNE H/W GAMBLIN,YVONNE VICTORIA 742 BAYSIDE DR UNIT 8501
8935 PUERTO DEL RIO DR#7204 8935 PUERTO DEL RIO DR#7303 CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
GARBIN,KEVIN GAREA,ANTHONY GOLDSMITH,LAWRENCE
8984 PUERTO DEL RIO DR#501 P 0 BOX 4314 GOLDSMITH,CAROL H/W
CAPE CANAVERAL FL 32920 HAMDEN CT 6514 41 BROOK COURT
EAST HAMHERST NY 14051
GORDON,SANDRA S GREENE,HENRY A GRIESHABER,ILENE A
820 SUN VALLEY DR GREENE,DANIELE S TRUSTEES 794 BAYSIDE DR
WOODLAND PARK CO 80863 8964 PEURTO DEL RIO DRIVE#2202 CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920
GROTHJAHN,HARRY C HANSEN,GERALD HARKNESS,STEPHEN
GROTHJAHN,DOROTHY M TRUSTEES HANSEN,ANA MARIA H/W HARKNESS,CHELLY H/W
742 BAYSIDE DR#201 696 LINVILLE FALLS DR 8922 LAGUNA LN#404
CAPE CANAVERAL FL 32920 MELBOURNE FL 32940 CAPE CANAVERAL FL 32920
HARRELL,DAVID BRIAN HARRIS,CHRISTOPHER C HARTLEY,LINDA B
8922 LAGUNA LANE 13-301 HARRIS,JOANN L H/W 752 BAYSIDE DRIVE#501
CAPE CANAVERAL FL 32920 772 BAYSIDE DRIVE CAPE CANAVERAL FL 32920
CAPE CANAVERAL FL 32920
HEFFERNAN,JOHN HENDRY,PAUL E HINCHEE,PHILLIP W
HEFFERNAN,MARY H/W HENDRY,MICHELE L H/W HINCHEE,CAROL J TRUSTEES
3510 ADMIRALTY CIR
567 GA HIGHWAY 96 E P O BOX 1113
ORLANDO FL 32812 JEFFERSONVILLE GA 31044 CAPE CANAVERAL FL 32920
HINKLE,DAVID 1 HUGHES,JOHN LIFE ESTATE ISMAIL,ISMAIL A
1410 EDDY ST 8110 CR 44 LEG A
QUINN,RAE ANN H/W
742 BAYSIDE DR UNIT 8-506 MERRITT ISLAND FL 32952 LEESBURG FL 34788
CAPE CANAVERAL FL 32920
0\
JACOBS,WILLIAM JAKUBIK,JEFFREY
GRAFENAUER,JOHN BESKOVOYNE,ROBERT
5140 SHEEDER RD 8924 PUERTO DEL RIO DR#9401
EAU CLAIRE WI 54701 CAPE CANAVERAL FL 32920
JARVIS,STEPHEN J JASPER,IVIN
JARVIS,VICTORIA L H/W JESENSKY,KEVIN M
JASPER,DONNA 1 H/W BAKER,BONNIE J
8964 PUERTO DEL RIO DR#2504 1403 STOCKTON COURT
CAPE CANAVERAL FL 32920 8954 PUERTO DEL RIO DRIVE#201
ARNOLD MD 21012 CAPE CANAVERAL FL 32920
JICHA,DEAN F JICHA,KEITH
JICHA,MARGARET C H/W JOHN,THEODORE JR
JICHA,SANDRA H/W BUTTRICK,BRENDA
130 LAUREN LANE 6475 GADDIS DR
CAMDEN NC 27921 5 WOODROW ST
FAYETTEVILLE NC 28306 HUDSON MA 1749
JUSAKOS,EVGUENIA TRUSTEE KARIM,ABDUL M K
4535 WINDERWOOD CIRCLE KARRAS,GEORGE!
KARIM,HALEEMA TRUSTEES KARRAS,BARBARA J H/W
ORLANDO FL 32835 1815 WINDSONG TR
742 BAYSIDE DR#301
MERRITT ISLAND FL 32952 CAPE CANAVERAL FL 32920
KEIGER,CHARLES KEIGER,CHARLES F
778 BAYSIDE DRIVE KEON,NANCY L
778 BAYSIDE DR KEON,THOMAS L H/W
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 7035 KNICKERBOCKER PKWY
HAMMOND IN 46323
KEYSER, DAVID S KNACK,ROBERT LEWIS TRUSTEE KONECNI,ANTHONY
KEYSER,MERCEDES G H/W KANCK,LILA CHARLOTTE TRUSTEE
KONECNI,ANNETTE H/W
2924 PUERTO DEL RIO DR
6275 BRYANTOWN DR 12891 ANDYS GULCH RD
CAPE CANAVERAL FL 32920 BRYANTOWN MD 20617
BOISE ID 83714
KROMANN,MICHAEL J L&M DEVELOPMENT OF BREVARD INC LAFLAMME,RICHARD J
706 BAYSIDE DRIVE 4795 FAY BLVD UNIT#5 LAFLAMME,PAMELA A H/W
CAPE CANAVERAL FL 32920 COCOA FL 32927 11 CHIPPENDALE DR
BEDFORD NH 3110
LANE,GARRETTJ LE COMPTE,WAYNE VINCENT LE,TOMMY
LANE,PATRICIA A H/W LE COMPTE,LINDA KAY H/W 1107 RUE CANNES
117 SMITH HILL ROAD 742 BAYSIDE DR#304 HAMMOND LA 70403
SUFFERN NY 10901 CAPE CANAVERAL FL 32920
LEWIS,PERRY NEIL LIEBERMAN,ARNOLD S LIGERAKIS,ZACHARIAS
LEWIS,DOROTHY LORRAINE ETAL 1475 PARADISE CT LIGERAKIS,ADAMANTIA H/W
768 LAGO DRIVE#301 MERRITT ISLAND FL 32952 531 SUNSET LAKES DR
CAPE CANAVERAL FL 32920
MERRITT ISLAND FL 32953
LINGG,ARLENE LOMANDO,KATHLEEN LUNDER,JAMES L
764 BAYSIDE DR 752 BAYSIDE DR#201 HAYES,AUDREY H/W
CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 8903 LAGUNA LANE#14201
CAPE CANAVERAL FL 32920
LUYTJES,APHRODITE BANTIS MAJOR,HENRY
768 LAGO DRIVE UNIT 15501 ACKERMAN,DEBRA C
CAPE CANAVERAL FL 32920 27865 QUEENTREE RD
MECHANICSVILLE MD 20659
MAKOVI,ISTVAN MALAK,HANI MARIANI,EMIDDIO
MAKOVI,ILONA B H/W MALAK,Aryl EL A H/W MARIANI,LILIAN H/W
803 CENTRAL BLVD W 1030 WORTHINGTON SPRING DR 807 WEST CENTRAL BLVD
CAPE CANAVERAL FL 32920 MELBOURNE FL 32940 CAPE CANAVERAL FL 32920
MARKER,TERRY D MATHOS,JOSEPH H
500 TUTEN TRAIL MATHOS,MINDY H/W
ORLANDO FL 32828 8954 PUERTO DEL RIO DR#301
CAPE CANAVERAL FL 32920
MAUL,GEORGE E TRUST MAYHORN,ROBERT MENZEL,DAVID T
MAUL,LORA T TRUST MAYHORN,SHERRY L H/W MENZEL,SHARON L H/W
1301 BAYSHORE AVE 752 BAYSIDE DR#203 742 BAYSIDE DRIVE UNIT 305
BRIGANTINE NJ 8203 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920
MEZZANO,WILLIAM A MILLER,DANIEL W MIRACLE,BRUCE A
MEZZANO,BARBARA A H/W MILLER,KRISCEL R H/W MIRACLE,JENNIFER T H/W
123 HIGHLAND PARK RD 10913 JERSEY CT N 2082 CR 68
NORTH HAVEN CT 6743 CHAMPLIN MN 55316 AUBURN IN 46706
MITCHELL,TERRY MOLNAR,THOMAS R JR MOOSBRUGGER,BONNIE L
MITCHELL,LESLEE H/W 3 COUNTRY CLUB RD 8964 PUERTO DEL RIO DR#2403
3905 MANOR OAKS CT COCOA BCH FL 32931 CAPE CANAVERAL FL 32920
LEESBURG FL 34748
MORDEN,BARRY N MORDEN,BARRY NEVILLE MORRELL,WILLIAM
MORDEN,ANNIE TRUSTEES MORDEN,ANNIE TRUSTEES MORRELL,ANITA H/W
360 JENNIFER COURT 360 JENNIFER COURT 8932 LAGUNA LANE#12-204
LAKE MARY FL 32746 LAKE MARY FL 32746 CAPE CANAVERAL FL 32920
MORRIS,RANDY R MRYGLOT,CHARLES MULVEY,KARA LEE TRUSTEE
MORRIS,JANET L H/W MRYGLOT,DIANE H/W 8984 PUERTO DEL RIO DRIVE#3201
P 0 BOX 1186 5 WOODWARD RD CAPE CANAVERAL FL 32920
TUALATIN OR 97062 FRAMINGHAM MA 1701
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NOTICE OF PUBLIC HEARING
Request for Special Exception & Variance
Casa Canaveral Assisted Living Facility -
700 W. Central Blvd. FILE copy
Notice is hereby given by the City of Cape Canaveral, that
Danny P. Ringdahl, at the property located at 700 W.
Central Blvd., Cape Canaveral, Florida 32920, has
requested a Special Exception for an Assisted Living
Facility in the R-3 Zoning District per Section 110-314
(6); and a Variance to Allow the Building Length and
Width to Exceed the Requirements set forth in Section
110-488 (a) of the Cape Canaveral Code of Ordinances.
In accordance with the City of Cape Canaveral Code of Ordinances No.
04-2008, this posting shall serve as Notice that there will be a Public
Hearing before the Cape Canaveral Planning & Zoning Board
regarding the Special Exception for the property noted above. The
meeting will be held on Wednesday, August 22, 2012 at 7:00 p.m. at
the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape
Canaveral, Florida. The final administrative approval or denial for
both the Special Exception and Variance requests will come before
the Board of Adjustment on Thursday, August 30, 2012 at 6:00 p.m. at
the City of Cape Canaveral Public Library. Comments may be made in
person at the meetings or submitted in writing to the City Clerk's
Office at 105 Polk Avenue, P 0 Box 326, Cape Canaveral, FL 32920-
0326.
QACE 4 A.
.AC • db. Cityof Cape Canaveral
Planning & Zoning Department
BOARD OF ADJUSTMENT MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
AUGUST 30, 2012
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
1. Approval of Meeting Minutes: July 26, 2012.
2. Motion Re: Special Exception Request No. 12-06 to Allow an Assisted Living Facility in
the R-3 Zoning District - 700 W. Central Boulevard - Danny P. Ringdahl, Applicant.
3. Motion Re: Variance Request No. 12-07 to Allow a Building Length and Width to
Exceed the Maximum allowed by Code; and Allow for a Building Setback to Exceed the
Minimum Required from a Residential Property Line - 700 W. Central Boulevard -
Danny P. Ringdahl, Applicant.
4. Interview & Recommendation - Douglas Raymond as a Regular Voting Member.
OPEN DISCUSSION:
ADJOURNMENT:
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.
7510 N Atlantic Avenue- P.O. Box 326--Cape Canaveral, FL 32920-0326
Telephone (321) 868-1206 -- Fax (321) 868-1247
http://www.cityofcapecanaveral.org
MEMORANDUM
Date: August 27, 2012
To: Board of Adjustment members
From: Barry Brown, Planning and Development Director
RE: August 30, 2012 Board of Adjustment Meeting
Items #2 and #3 on the agenda are applications for a Request for a Special Exception
and Requests for Variances for the Casa Canaveral Assisted Living Facility. The
Special Exception and Variance requests were originally approved by the Board of
Adjustment on April 28, 2011. These approvals expire after 12 months if a Building
Permit is not issued. A Building Permit was not issued within the 12 month time period;
therefore, the Special Exception and Variance approvals have expired. Mr. Ringdahl
has reapplied for both the Special Exception and Variances. The Requests for the
Special Exception and Variances have not changed since originally approved.
Douglas Raymond will be interviewed for a voting position on the Board (see attached
application).
If you have further comment or question, please email
B.BrownRcityofcapecanaveral.orq or call me at 321 868-1206.
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
July 26, 2012
A Board of Adjustment Meeting was held on July 26, 2012, at the City of Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Dennis Jenkins,
Vice Chairperson, called the meeting to Order at 7:00 P.M. The Secretary called the roll.
MEMBERS PRESENT:
Dennis Jenkins Vice Chairperson
Paula Collins
George Sweetman
Arvo Eilau
MEMBERS ABSENT:
Linda Brown
Douglas Raymond
OTHERS PRESENT:
Susan Chapman Secretary
Barry Brown Planning& Development Director
Kate Latorre Assistant City Attorney
Lamar Russell Ex Officio Member&Chairperson of the P & Z Board
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
1. Approval of Meeting Minutes: April 5, 2012.
Motion by Dennis Jenkins, seconded by Arvo Eilau, to approve the meeting minutes of
April 5, 2012, as written. Vote on the motion carried unanimously.
2. Motion Re: Variance Request No. 12-04 to Allow for a 6 ft. High Fence to be
Located within 25 ft. of a Public Right of Way in the R-2 Zoning District - (400
Jackson Avenue) - Adam Warner, Applicant.
Barry Brown explained the request, described the property, surrounding uses, and zoning.
The Board reviewed the variance application, worksheet and criteria, and viewed
photographs of the existing fence. Barry Brown stated that Staff recommends approval,
with the condition that the new fence be white vinyl and placed in the same location.
Barry Brown advised that Staff was currently preparing revisions to the fence code.
Lamar Russell advised that corner lots are unique having 25 ft. setbacks on two sides.
Dennis Jenkins commented that being across the street from a ball field gives the
property owner an added incentive for needing a high fence.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 2 of 5
James McKune, Applicant's Representative, testified that a new 6 ft. high vinyl fence
would enhance the neighborhood and it would also raise the level of privacy and security.
He believed that the criteria required to be entitled to a Variance was met with this
request.
Kenneth Gibson, resident, 400 Jackson Avenue, advised that the stockade fence existed
when he moved in over 25 yrs. ago. He believed the applicant was entitled to the
Variance. He noted that he has a large dog that could scale a 4 ft. high fence, and yard
tools that a 4 ft. high fence would not protect against theft. Brief discussion followed.
Motion by Dennis Jenkins, seconded by George Sweetman, to grant Variance Request
No. 12-04, as requested, with the condition that the new fence be placed in the same
location as the existing fence and that it be white vinyl as is installed elsewhere on site.
Vote on the motion carried unanimously.
3. Motion Re: Variance Request No. 12-05 to Allow for a 6 ft. High Fence to be
Located within 25 ft. of a Public Right of Way in the C-2 Zoning District - (8600
Astronaut Boulevard) - Eric Robart, Designated Agent.
Barry Brown explained the request, described the property, surrounding uses, and zoning.
The Board reviewed the variance application, worksheet and criteria. Barry Brown
advised that the applicant intends to renovate the property in phases to create a Port of
Call facility and described same. A development agreement was currently being
negotiated between City and Mr. Baugher. He advised that meeting the current Code
would create an unnecessary hardship by requiring a reconfiguration of the parking area,
loss of parking spaces, and loss of a portion of the drive aisle. The Board members
viewed an aerial of the proposed fence location in relation to the curb and sidewalk.
Bob Baugher testified that a six foot high fence was needed for security. He described
the proposed fence location. He noted that they are currently negotiating with an
aerospace company to occupy the first floor of the building for two years which would
bring 80 new high tech jobs into the City. If this happens, they would need to segregate
approximately 100 of the existing 420 parking spaces. Therefore, in a few years they
may need to come back and change the concept. He gave a timeline of the phases for the
overall Port of Call project.
The Board viewed a photograph of the existing site and setting for the proposed fence
and landscaping (Entered into the record as Board Exhibit A). Discussion followed.
Barry Brown spoke about future planned improvements on SR Al A, Central Blvd. to
Thurm Blvd., and W. Central Blvd. Lamar Russell advised that as a result of the City's
visioning and potential grants, Central Blvd. will be modified with streetscape similar to
Ridgewood Avenue. He noted that fences, asphalt, and landscaping are the easiest things
to change. He was in favor of approval as presented.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 3 of 5
Charles Pindziak, citizen, commented that this property is along a main thoroughfare, and
allowing the fence to be that close to the street would be an eyesore of immense
proportions; there was no proven hardship; the request has nothing to do with bringing in
new jobs, it only has to do with aesthetics and it's going to look horrible; all it comes
down to is a few parking spaces and a little more money; and to grant this request would
be a big mistake.
Following additional discussion regarding the proposed placement of the fence and
landscaping a motion was made by Dennis Jenkins, seconded by Paula Collins, to grant
Variance Request No.12-05 with the following conditions:
1) The fence shall be set back a minimum of 2 ft. from the property line to
accommodate growth of landscaping.
2) Landscaping along the fence line shall be provided as directed by Staff.
3) The fence shall be of an ornamental metal.
Vote on the motion carried unanimously.
4. Motion Re: Special Exception Request No. 12-02 to Allow Storage or Parking of
Recreational Vehicles, Trailers, and Trailerable Items - (6850 N. Atlantic Avenue
- Yogi Patel, Petitioner.
Barry Brown explained the request, described the property, surrounding uses, and zoning.
The Board reviewed the special exception application, worksheet and criteria, and the
recommendation by the Planning & Zoning Board. The Board members viewed photos
and aerials of the property. Barry Brown advised that the two main issues of this request
were screening and access. He noted that the South side of the property will be
substantially landscaped per Code.
John Kabboord, representative for the applicant, testified that they planned to store
mostly watercraft; the property location is unique being adjacent to 7/11, and the property
is heavily burdened with three 25 ft. setbacks; security is the main concern; fencing needs
to be tall enough to prevent unwanted and unauthorized access.
Discussion was held regarding compatibility; screening; fence height, location, and color;
landscaping; Staff comments; access; driveway length; hours of operation; and the Code
requirement for the area to be paved.
Following discussion, a motion was made by Dennis Jenkins, seconded by Paula Collins,
to grant Special Exception Request No. 12-02 with the following conditions:
1) Access to the site shall be from Johnson Avenue.
2) The driveway shall be a minimum of 45 ft. in length.
Board of Adjustmeii..
Meeting Minutes
July 26, 2012
Page 4 of 5
3) Fencing shall be 8 ft. in height along the east side; and 6 ft. in height on all
other sides, with substantial landscaping.
4) The fence along the south side shall be moved back at least 6 ft. from the
sidewalk, so that the existing palm trees will be on the outside of the
fence. The existing 4 ft. fence shall be replaced with a 6 ft. fence.
5) The fence color shall be of a neutral or natural finish.
6) Hours of operation shall be limited to daylight hours only.
7) The entire area shall be paved and thus, stormwater control be engineered
to meet Code.
8) The area shall comply with the Florida Building Code- Mechanical Code,
Section 303.4. Provide approved protective barriers for Mechanical
appliances subject to physical damage from vehicular encroachment.
9) The area shall comply with the National Electrical Code, Section 225.61
(B). Verify clearance from grade to lowest point of overhead service-drop
conductors. Because the parking area will be subject to truck and RV
traffic, clearance shall be at least 18 ft. from grade.
Vote on the motion carried unanimously.
5. Motion Re: Variance Request No. 12-01 to Allow for a Fence or Wall to be Over
4 ft. in Height within 25 ft. of any Public Right of Way in the C-1 Zoning District
- (6850 N. Atlantic Avenue) - Yogi Patel, Petitioner.
Barry Brown's testimony was incorporated into this agenda item from the previous
agenda item.
Motion by Dennis Jenkins, seconded by Arvo Eilau, to grant Variance Request No. 12-
01, as presented. Vote on the motion carried unanimously.
6. Discussion and Motion Re: Changing Meeting Time from 7:00 p.m. to 6:00 p.m.
Following a polling of the Board members for their availability to change the meeting
time, a motion was made by Dennis Jenkins, seconded Paula Collins, to change the
meeting time to 6:00 p.m. Vote on the motion carried unanimously.
OPEN DISCUSSION
No discussion was held.
There being no further business for the Board to consider, a motion was made by Dennis
Jenkins, seconded by Paula Collins, to adjourn the meeting at 9:00 p.m. Motion carried
unanimously.
Board of Adjustment
Meeting Minutes
July 26, 2012
Page 5 of 5
Approved on this day of , 2012.
Dennis Jenkins, Vice Chairperson
Susan L. Chapman, Secretary
54piCE.44,6El
yo City of Cape Canaveral
;1 Community & Economic Development Department
4111
BOARD OF ADJUSTMENT
CmOF
/
CAPE CANAVERAL PUBLIC LIBRARY
CAPE CANAVERAL
201 POLK AVENUE
AUGUST 8, 2013
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
1. Approval of Meeting Minutes: May 30, 2013.
2. Motion Re: Approval of 12 month extension for Special Exception Request No. 12-06,
Casa Canaveral Assisted Living Facility.
3. Motion Re: Approval of 12 month extension for Variance Request No. 12-07, Casa
Canaveral Assisted Living Facility.
4. Interview & Recommendation to City Council - New Board Member Candidate, Melinda M.
Jester.
OPEN DISCUSSION & PUBLIC COMMENT:
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the Board of Adjustment with respect to any matter considered
at this meeting, that person will need a record of the proceedings, and for such purpose that person may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This notice does not constitute consent by the City
for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does
it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with
Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting.
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • Fax: (321) 868-1247
www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
May 30, 2013
A Board of Adjustment Meeting was held on May 30, 2013, at the City of Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Arvo Eilau, Vice
Chairperson, called the meeting to Order at 6:00 P.M. The Secretary called the roll.
MEMBERS PRESENT:
Arvo Eilau Vice Chairperson
Paula Collins
George Sweetman
Douglas Raymond
MEMBERS ABSENT:
Dennis Jenkins Chairperson
Linda Brown
OTHERS PRESENT:
Susan Chapman Secretary
Barry Brown Planning& Zoning Director
Kate Latorre Assistant City Attorney
Lamar Russell Ex Officio Member& Chairperson of the P &Z Board
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
1. Approval of Meeting Minutes: March 28, 2013.
Motion by Paula Collins, seconded by George Sweetman to waive the reading of the
minutes and to approve them as written. Vote on the motion carried unanimously.
2. Interview & Recommendation to City Council - New Board Members Candidate,
Melinda M. Jester.
Melinda Jester was not present at the meeting.
3. Motion Re: Variance Request No. 13-04 - 200 Madison Avenue - authorizing a
Fence to be Six Feet (6') in Height to be Installed within 25 feet of a Public Right-
of-Way, Rather than a Fence no More than Four Feet (4') in Height, per Section
110-470 (a) (1) of the City Code of Ordinances - Daniel M. Coon, Property
Owner.
Board of Adjustment
Meeting Minutes
May 30, 2013
Page 2 of 4
Barry Brown explained the request, described the property, surrounding uses, zoning, and
advised that Staff recommended approval. He noted that Staff was considering changing
the Code requirement for a fence greater than 4 ft. in height to be set back a minimum of
25 ft. from a right-of-way. The Board members reviewed and discussed the Variance
Worksheet.
Daniel Coon, property owner, answered the conditions for entitlement to the requested
Variance. Discussion was held regarding the proposed location of the 6 ft. fence in
relation to the existing sidewalk and property line.
Motion by Douglas Raymond, seconded by Paula Collins to grant the Variance with the
stipulation that the fence be set back a minimum of 2 ft. from the property line. Vote on
the motion carried unanimously.
4. Motion Re: Variance Requests No. 13-01 - 8801 Astronaut Boulevard - Kim
Rezanka, Authorized Agent for Xtreme Fun, LLC, Property Owner - Authorizing
the following:
1) To Allow a Location Variance for One (1) of Tenant #2's Wall Signs to be
Located on the Front of Tenant#1's Tenant Space for a Total of Three (3)
Wall Signs on Tenant #1's Storefront, Rather than Two (2) Wall Signs as
allowed per Code Section 94-99 and 100.
2) To Allow a Size Variance for Two (2) Ground Signs Located on a Corner
Lot to have a Total of 205 Square Feet, Rather than the Maximum of 150
Square Feet as allowed per Code Section 94-64 (c).
Barry Brown explained that Request #1 was for a location variance to allow one (1) of
tenant #2's wall signs to be located on the front of tenant #1's tenant space for a total of
three (3) wall signs on tenant #1's storefront, rather than two (2) wall signs allowed per
Code Sections 94-99 and 100. He summarized that the property owner is constructing a
retail building that will have three (3) tenant spaces to be occupied by a Beachwave
beach wear & souvenir store, gaming arcade, and a restaurant. The Board members
reviewed and discussed the Variance Worksheet and a floor plan which identified the
tenant spaces. Barry Brown explained that because the amount of signage being
requested was in proportion with the size of the building and matched the particular
architectural design of the building Staff recommended approval.
Kim Rezanka, representative for Mosh Gal, property owner, addressed the location
Variance for a wall sign. She testified that the design of the building allows for three
tenant spaces, but only two tenants have frontage along SR A 1 A; tenant space #2 faces
W. Central Blvd. and has limited visibility to be on the frontage of the building facing
SRA 1 A; and the building facade along SRA 1 A is designed to allow uniform and
symmetrical signage to make the building facade more visually appealing. Additionally,
the Code is overly restrictive and ambiguous, and other buildings in the City are allowed
more wall signage than appeared to be provided for in the Code. Also, the Code is not
drafted to
Board of Adjustment
Meeting Minutes
May 30, 2013
Page 3 of 4
address a multi-tenant building with this configuration and use of space. She explained
that most units in a multi-tenant building have storefronts that face the primary frontages.
The building has one unit that does not face SRA1A; and therefore does not have wall
signage available to be seen from the primary frontage. She noted that the building was
designed to meet conditions of the site and not criteria of the City's Sign Code. In
closing, she advised that the requested Variance is the minimum necessary to
accommodate the desired sign for tenant space #2. The granting of the Variance would
be in harmony with the intent and purpose of the City's Zoning Code; would be in
harmony to make the building more visually appealing; will allow proper signage for the
tenant space that does not have frontage along SRA1A; and would not be injurious or
detrimental to the neighborhood or public welfare. Discussion followed.
Barry Brown advised that Request #2 was to allow a sign on the primary frontage
(SRA1A) to be 150 sq. ft. and a sign fronting Central Blvd. to be 55 sq. ft. He explained
that the Code allows a typical commercial parcel to have one ground sign with a total
sign area of 150 sq. ft.; corner lots are allowed two (2) ground signs, one on the primary
road frontage and another on the secondary frontage. He advised that Staff supported the
request, because while it was appropriate to have a smaller size sign on the secondary
frontage, it was not necessary to require signage on the primary frontage to be smaller to
accomplish it.
Kim Rezanka, representative for Mosh Gal, property owner, addressed the size Variance
for a Ground Sign. She clarified that this Request was to allow for a corner lot to have
two ground signs with a total of 205 square feet instead of 150 square feet. She testified
that there are multiple businesses on the property that are not all located in the same
building. While the office for the "putt-putt" is in the Beachwave building, the "putt-
putt" functions are a separate business from the Beachwave building and the Code does
not address this situation. She explained that this is a corner lot and the Code allows for
less sign area on a corner lot than a lot with two street frontages. She advised that the
Code is ambiguous and leads to unequal application, because a corner lot can have two
signs, one on each street front,but the total sign area for both signs cannot exceed 150 sq.
ft.; however, a lot with two street frontages that is not a corner lot can potentially have up
to twice the sign area. If a corner lot chooses to have two signs it is denied the ability to
have the maximum amount of signage on the primary frontage and therefore cannot have
the same sign area that other lots enjoy. She noted that this property owner could split
the lot and create a separate lot for the putt-putt, which would potentially allow for four
(4) ground signs (two on SRA1A and two on W. Central Blvd.) rather than the two
desired by the Applicant. She advised that granting the Variance would not confer
privileges denied to other similarly situated lots in the same district because the Applicant
could split the lot. Additionally, if a corner lot has two signs, the Code denies corner lots
the same sign area on the primary street frontage that other lots enjoy. In closing, she
advised that the reasons justify the Variance and the requested Variance is the minimum
to accommodate the desired sign on W. Central Blvd. The granting of this size Variance
would be harmony with the intent and purpose of the Code, it would allow proper signage
for the multiple uses of the property, and would not be injurious or detrimental to the
neighborhood or public welfare.
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Board of Adjustment
Meeting Minutes
May 30, 2013
Page 4 of 4
Discussion followed. Lamar Russell, ex-officio member, reminded the Board that
granting a Variance was supposed to lift a hardship. There was no hardship proven with
this request. Discussion continued regarding appearance, and amount of proposed
advertising.
Motion by Douglas Raymond, seconded by Paula Collins to approve Variance Request
13-01, for both requested Variances. Vote on the motion carried by majority with
members voting as follows: Arvo Eilau, against the 1st part of the Variance and for the
2nd part of the Variance; Douglas Raymond, for; George Sweetman, for; and Paula
Collins, for.
OPEN DISCUSSION
Brief discussion was held regarding the status of the proposed assisted living facility.
Motion by George Sweetman, seconded by Douglas Raymond to adjourn the meeting at
8:08 p.m.
Approved on this day of , 2013.
Dennis Jenkins, Chairperson
Susan L. Chapman, Secretary
MEMORANDUM
Date: August 1, 2013
To: Board of Adjustment members
From: Barry Brown, Planning and Development Director
RE: August 8, 2013 Board of Adjustment Meeting
The agenda for this meeting includes: 1) A request from Danny Ringdahl to extend the
Special Exception and Variance approvals for the Casa Canaveral Assisted Living
Facility (ALF), and 2) Interview of Melinda Jester for a position on the Board.
A Special Exception and Variances for the Casa Canaveral Assisted Living Facility were
originally approved by the Board on April 28, 2011 . Approvals expired after 12 months
so Mr. Ringdahl reapplied for the Special Exception and Variances and on August 30,
2012 the Board again granted approval of the requests. The Special Exception and
Variance approvals will expire on August 30, 2013 unless an extension is granted.
The Code allows for the Board of Adjustment to grant a 12 month extension if the
applicant can demonstrate "good cause" for the extension and if the request is
submitted prior to the expiration of the first 12 month period.
Sec. 110-32. Expiration of variance or special exception; abandonment....
(a) Any variance or special exception approved by the board of adjustment pursuant to this
article shall expire 12 months after the effective date of such approval unless a building
permit based upon and incorporating the variance or special expiration is issued by the city
within said time period. Upon written request of the property owner, the board of adjustment
may extend the expiration date, without public hearing, by an additional 12-month period,
provided the property owner demonstrates good cause for the extension. Such request shall
be submitted to the board of adjustment prior to the expiration of the first 12-month period. In
addition, if the aforementioned building permit is timely issued, and the building permit
subsequently expires and the subject development project is abandoned or discontinued for
a period of six months, the variance or special exception shall be deemed expired and null
and void.
By way of enclosed letter dated July 30, 2013, Mr. Ringdahl is requesting a 12 month
extension of the Special Exception and Variances granted on August 30, 2012. Minutes
of the August 30, 2012 meeting, applications, and staff reports are included in this
packet.
1
Mr. Ringdahl continues to seek funding for the project and believes he has made
considerable progress in this regard. Staff considers the economic recession to be
"good cause" to grant the extension and recommends approval of the request.
Also, Melinda Jester will be interviewed for a vacant position on the Board (see attached
application).
If you have further comment or question, please email
B.Brown@cityofcapecanaveral.orq or call me at 321 868-1206.
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City of Cape Canaveral
Board of Adjustment
Meeting Minutes
August 30,2012
A Board of Adjustment Meeting was held on August 30, 2012, at the City of Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Dennis Jenkins,
Vice Chairperson,called the meeting to Order at 6:00 P.M. The Secretary called the roll.
MEMBERS PRESENT:
Dennis Jenkins Vice Chairperson
Paula Collins
George Sweetman
Linda Brown
Douglas Raymond
MEMBERS ABSENT:
Arvo Eilau
OTHERS PRESENT:
Susan Chapman Secretary
Barry Brown Planning&Development Director
Kate Latorre Assistant City Attorney
Lamar Russell Ex Officio Member&Chairperson of the P &Z Board
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
NEW BUSINESS
1. Approval of Meeting Minutes: July 26.2012.
Motion by Dennis Jenkins, seconded by George Sweetman, to approve the meeting
minutes of July 26,2012, as written. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No. 12-0'' to Allow an Assisted Living
Facility the R-3 Zoning District- 700 W, Central Boulevard-Danny P. Ringdahl,
Applicant,
Barry Brown explained the request,described the property, surrounding uses, and zoning.
He noted that the subject property was not located within the AlA Overlay District. He
advised that this request was originally approved by the Board on April 28, 2011;
however, that approval expired after 12 months, because a Building Permit was not
issued. He further advised that the applicant, Danny Ringdahl, has reapplied for both the
Special Exception and Variances; and the requests have not changed since originally
approved; and therefore, Staff recommends approval. Lamar Russell advised that the
Planning&Zoning Board also recommended approval.
Board of Adjustment
Meeting Minutes
August 30,2012
Page 2 of 3
The Board members reviewed the special exception application, worksheet and criteria.
Barry Brown noted comments submitted by Board Member, Arvo Eilau, were included
with the Board packet. Discussion was held regarding construction debris still being
stored on the property from when the Puerto Del Rio project was built.
Danny Ringdahl,Applicant, advised that the project should have been completed by now;
however,funding was delayed. He advised that the removal of construction debris was
continuing with a majority of the debris already removed. He thanked the Board for their
time to reconsider his request.
Greg Tangalos,Citizen,voiced his concerns regarding the project creating potential
increased safety and pedestrian traffic issues. Barry Brown replied that Mr. Ringdahl
has agreed to provide approximately$300,000 dollars towards improvements to W.
Central Boulevard and he will participate with the City in obtaining an Economic
Development Block Grant for improvements along Central Blvd. He noted that his
project will also bring approximately 250 jobs to the area.
Motion by Dennis Jenkins, seconded by Linda Brown,to approve Special Exception
Request No. 12-06,with the condition that all construction debris be removed at time of
issuance of the Certificate of Occupancy. Vote on the motion carried unanimously.
3. Motion Re: Variance Request No. 12-07 to Allow a Building Length and Width
to Exceed the Maximum allowed by Code; and Allow for a Building Setback to
Exceed the Minimum Required from a Residential Property Line- 700 W. Central
Boulevard- Danny P. Ringdahl,Applicant.
Barry Brown advised that this request was originally approved by the Board on April 28,
2011;however,that approval expired after 12 months,because a Building Permit was not
issued. He noted that the request has not changed since originally approved; and
therefore, Staff recommended approval.
Motion by Dennis Jenkins, seconded by George Sweetman, to approve Variance Request
No. 12-07,as requested. Vote on the motion carried unanimously.
4. Interview &Recommendation-Douglas Raymond as a Regular Voting Member.
Douglas Raymond advised that he would like to continue as a regular voting member, he
possesses engineering and construction experience, and has served as President of a
condominium board for the past 3 years.
Motion by Dennis Jenkins, seconded by Linda Brown, to recommend Council appoint
Douglas Raymond as a Regular Voting Member to the Board. Vote on the motion
carried unanimously.
Board of Adjustment
Meeting Minutes
August 30,2012
Page 3 of 3
OPEN DISCUSSION
Barry Brown spoke about the CRA and Brownfield programs and incentives.
There being no further business for the Board to consider the meeting adjourned at 6:40
p.m.
Approved on this !-C-- day of i 1 //11--)c N c /3
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Denn•. J-. • ice Chairperson
.
Susan L. Chapman, S cretary
City of Cape Canaveral, Florida
Board of Adjustment
August 30, 2012
STAFF REPORT
Request: For a Special Exception to allow for an assisted living facility in the R-3 Medium
Density Residential Zoning District as provided in Section 110-314(6).
Applicant and owner of the property: Danny P. Ringdahl
Subject property: 700 West Central Blvd. (undeveloped portion of Phase 3A of the Puerto del
Rio condominium development)
Future Land Use and Zoning designation: R-3, Medium Density Residential District
Surrounding zoning:
North and East— C-1, Commercial
Southeast — C-1, Commercial
South and West — R-3, Residential
Surrounding uses:
North and East— Country Inn, Residence Inn, RaceTrac, and Jungle Village
Southeast— Undeveloped land that is part of the Radisson Hotel property
South — Bayside Condominiums
West— Puerto del Rio Condominiums
Summary: Danny Ringdahl, owner and developer of Puerto del Rio condominiums, plans to
construct an assisted living facility on the undeveloped portion of his property. In November of
last year, the City revised its code to allow for assisted living facilities as a special exception use
in the R-3 zoning district. Mr. Ringdahl has prepared site and building plans and has met with
staff numerous times in an attempt to design an assisted living facility that meets our code and
is an economically feasible venture. The facility is allowed to have 288 beds in accordance with
the density equivalency established in Sec. 110-1. The calculation is as follows: 7.7 (the
number of acres) x 15 (the residential density) x 2.5 (the equivalency factor for units to beds) =
288 beds. See the project description and the Special Exception Worksheet included in the
application.
P&Z recommendation: On August 22, 2012, P&Z Board recommended approval of Special
Exception Request No. 12-06.
Staff recommendation: Staff considers an assisted living facility to be a needed housing option
in the community. Mr. Ringdahl's proposed project is appropriately located and is an important
economic development opportunity. Staff recommends approval of the requested special
exception with the addition of a condition that calls for all construction materials and equipment
to be removed from the ALF and condominium properties upon receipt of the certificate of
occupancy for the ALF.
1
City of Cape Canaveral, Florida
Board of Adjustment
August 30, 2012
STAFF REPORT
Request: For the following Variances: (1) to allow for a building length of 353 feet and
a building width of 320 feet rather than the 185 feet maximum length or width per
Section 110-316(7); and (2) to allow for a 25 ft. setback from an adjacent residential lot
line rather than the 50 feet per Sec. 110-488(a).
Applicant and Owner: Danny P. Ringdahl
Subject property: 700 West Central Blvd. (undeveloped portion of Phase 3A of the
Puerto del Rio condominium development)
Future Land Use and Zoning designation: R-3, Medium Density Residential District
Surrounding zoning:
North and East — C-1 , Commercial
Southeast — C-1, Commercial
South and West — R-3, Residential
Surrounding uses:
North and East — Country Inn, Residence Inn, RaceTrac, and Jungle Village
Southeast — Undeveloped land that is part of Radisson
South — Bayside Condominiums
West — Puerto del Rio Condominiums
Description: Danny Ringdahl, owner and developer of Puerto del Rio condominiums,
plans to construct an assisted living facility on the undeveloped portion of his property.
In November of last year, the City revised its code to allow for assisted living facilities as
a special exception use in the R-3 zoning district. Certain criteria specific to assisted
living facilities were also adopted, one being a building setback of 50 ft. from residential
lot lines. Given the separation from existing and future residential structures and given
that existing structures are separated by a retention pond, the 50 ft. setback
requirement does not serve its intended purpose in this situation. See the Variance
Worksheet in the application packet.
The code also limits the length or width of a building in R-3 Zoning District to 185 feet.
This was adopted in response to a past development proposal that was to have a single
building that would run from A1A to the Banana River along the north side of the
Canaveral River. This would have been architecturally undesirable, it would have
blocked views of the river, and would not have allowed for breezeways. The proposed
1
ALF is not waterfront and is not of the magnitude that the code was intended to prevent.
See the Variance Worksheet in the application packet.
Staff Recommendation: Staff recommends approval of the variances as requested.
Pertinent sections of code:
Sec. 110-316. -Area and dimensions.
In the R-3 medium density residential district, area and dimensions shall be as follows:
(1)Minimum lot area shall be as follows:
a.One-and two-family, 7,500 square feet.
b.Multiple-family, 10,000 square feet.
(2)Minimum lot width shall be 75 feet.
(3)Minimum lot depth shall be 100 feet.
(4)Maximum lot coverage shall be 35 percent.
(5)Minimum living or floor area shall be as follows:
a.One-family, 1,100 square feet per dwelling unit.
b.Two-family, 750 square feet per dwelling unit.
c.Multiple family, as follows:
1.Efficiency,450 square feet per dwelling unit.
2.One bedroom, 650 square feet per dwelling unit.
3.Two bedrooms, additional bedrooms, 750 square feet per dwelling unit plus 200
square feet for each additional bedroom.
(6)Maximum height shall not exceed 45 feet.
(7)Maximum length or width of a structure shall not exceed 185 feet.
(Code 1981, § 637.39)
Sec. 110-488. Assisted Living Facilities.
(a) Front, side and rear setbacks shall be a minimum of 25 ft.;setbacks from adjacent residential lot
lines shall be a minimum of 50 feet.
2
•
City of Cape Canaveral
VARIANCE � �
Information Sheet AY 12: 6
i$ bo.00
Description of Request: ( sure that the specific code sections of the zoning ordinance
that allow and support your request are noted). If necessary, attach separate sheet.
This is a request for a variance from Section 110-316(7), Cape Canaveral Code to allow
a building in excess of the maximum length of 353 feet in lieu of 185 feet in the R-3
Zoning District, and a variance from Section 110-488(a) to allow a 25-foot setback for
an Assisted Living Facility in lieu of 50 feet.
Address of requested variance: °O 1 -5 I
Name of Project (if applicable): Casa Canaveral ALF d _
Legal description: Lot(s) , Block, , Subdivision 00510.0
Section 15 , Township 24 , Range 37
FLU and Zoning designations: R-3, Residential
Statement of Fact:
I, Danny. P. Ringdahl , being duly sworn, depose and say that:
X I am the property owner.
I am the owner(s) designated agent. (Attach notarized letter of authorization).
Owner(s) Name: Danny P. Ringdahl c/o Puerto Del Rios LLC
Mailing Address: 750 N. Atlantic Avenue, Suite 1209, Cocoa Beach, FL 32931
Phone number(s): (321) 783-3364
Email(s): dpringdahl(a vahoo.com
Designated Agent Information (if applicable):
Name of Designated Agent: Planning Design Group
Mailing Address: 930 Woodcock Road, Suite 224, Orlando, FL 32803
Phone number(s): (407) 896-0455
Email(s): kkeith( pdgfla.com
Cit ape Canave .1
VARIANCE
Information Sheet— Cont'd
I hereby attest that all information, sketc -s a • data contai -d and made part of this
request are honest and true to the b ' t • my now edge an• belief.
I /
Signature of Applicant: 11.
State of Florida
County of (")rewy_
Sworn to and subscribed before me on this C day of Jetitm-LAN
SII
2pkff6y ,044" P 4RU , who is personally
known, or 0-produced-ix -�yfle-0f-i:cf.
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Signature of Notary: g,L._et,(//,/
�-
Notary Seal:
KENDELL KEITN
'�' .*: MY COMMISSION#DD808442
EXPIRES July 23.2012
(407)398-0153 FlondallotaryService.corn
CDD - Variance Application -092310
Casa Canaveral Assisted Living Facility
Project Background Information
The proposed Adult Living Facility (ALF) on Central Boulevard is a new and unique use
within the City of Cape Canaveral. The City of Cape Canaveral recently adopted new
regulations for this use, and this property is the first to be permitted under the ALF
requirements. The subject property is uniquely situated between existing residential to
the west and commercial to the east. This property was previously zoned commercial
and the proposed use for an ALF is compatible with the surrounding uses and makes an
ideal transition between the commercial and residential uses, while fulfilling a specific
housing need of the community.
City of Cape Canaveral
VARIANCE
Worksheet
Variances are to be authorized where they are not contrary to the public interest and
where, due to special conditions, a literal enforcement of the terms of the ordinance
would result in unnecessary hardship. The ordinance sets forth specific conditions
which must all be demonstrated by the applicant before the board empowered to grant
the Variance. If the applicant cannot satisfactorily address all of the following, this
should serves as a preliminary indication that the application may be rejected.
The conditions are as follows and items (1) through (6) must be answered in full. (City
Code Section 110-37).
1 . That Special conditions and circumstances exist which are unique to the land,
structure or building involved and are not applicable to other lands, buildings or
structures in the same district.
The irregular shape of the lot combined with the architectural requirements for a high-
quality ALF necessitate the need for a building that is closer than the 50-foot setback
and exceeds the 185 maximum length for structures in the R-3 Zoning District. This is
the first and only ALF to be proposed in the City of Cape Canaveral.
2. That literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would cause unnecessary and undue hardship on the applicant.
The proposed ALF is to be located between existing commercial and existing residential
condominiums. The property was formerly zoned C-1 commercial, where it would have
not been subject to the building width limit. The side yard setback variance is the result
of a lot line for a shared retention pond that is closest to the ALF rather than the
adjacent residential condominium. The building is located more than 100 feet from the
property line of the closest residential lot and approximately 135 feet from the closest
residential condominium building. Without these variances, an ALF of this high-quality
and enhanced amenities could not be built at this location.
City of Cape Canaveral
VARIANCE
Worksheet— Cont'd
3. That the special conditions and circumstances referred to in item (A) above do
not result from the actions of the applicant.
The applicant is proposing the ALF resulting in the variance request.
4. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the ordinance to other lands, structures or building
in the same district.
There have been no other ALF in this or other zoning districts in the City.
5. That the reasons set forth in the application justify the granting of the Variance,
and that the Variance, if granted, is the minimum that would make possible use
of the land, building or structure.
Due to the irregular shape of the lot, which is adjacent to and partly surrounds an
existing shared retention pond, the 50-foot setback to residential zoned property
severely limits the ability to build an ALF on this property. In addition, the building is
located more than 100 feet from the property line of the closest residential lot and
approximately 135 feet from the closest residential condominium building.
6. That the granting of the Variance will be in harmony with the general intent and
purpose of the zoning code will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
The Future Land Use and Zoning Maps of the City of Cape Canaveral show that the
City has a commercial core (C-1 Zoning) that is generally surrounded by residential
uses (R-3 zoning) along the Atlantic Ocean and Banana River shores. The building
height requirements (Sec. 110-31616]), setbacks (Sec. 110-31714 and minimum breeze
requirement (Sec. 110-319) are intended to protect the breeze and views of the two
shores for structures that are in close proximity. The location of the proposed ALF does
not warrant these restrictions as there is a separation from the shore by the existing
Puerto Del Rio Condominiums. In addition, the property is located adjacent to C-1
Commercial where such standards do not apply. Immediately north of the proposed ALF
is a Residence Inn with a building length of approximately 480 feet. South of the
property is the Raddison Hotel with a building length of 630 feet. The length of the
building does not impede views or breezes from other properties to the water.
The 50-foot setback requirement (Sec. 110-488[a]) is intended to protect residential
uses from the more intensive service components of an ALF. To that end, this ALF is
oriented so that all loading docks and dumpsters are as far away from the residential
development, and blocked from view by the proposed building. The proposed building is
otherwise similar in massing, and style to the adjacent residential condominiums and
provides a compatible and ideal transition from residential to the commercial uses.
City of Cape Canaveral, Florida
Board of Adjustment
August 30, 2012
STAFF REPORT
Request: For a Special Exception to allow for an assisted living facility in the R-3 Medium
Density Residential Zoning District as provided in Section 110-314(6).
Applicant and owner of the property: Danny P. Ringdahl
Subject property: 700 West Central Blvd. (undeveloped portion of Phase 3A of the Puerto del
Rio condominium development)
Future Land Use and Zoning designation: R-3, Medium Density Residential District
Surrounding zoning:
North and East—C-1, Commercial
Southeast —C-1, Commercial
South and West— R-3, Residential
Surrounding uses:
North and East—Country Inn, Residence Inn, RaceTrac, and Jungle Village
Southeast— Undeveloped land that is part of the Radisson Hotel property
South — Bayside Condominiums
West— Puerto del Rio Condominiums
Summary: Danny Ringdahl, owner and developer of Puerto del Rio condominiums, plans to
construct an assisted living facility on the undeveloped portion of his property. In November of
last year, the City revised its code to allow for assisted living facilities as a special exception use
in the R-3 zoning district. Mr. Ringdahl has prepared site and building plans and has met with
staff numerous times in an attempt to design an assisted living facility that meets our code and
is an economically feasible venture. The facility is allowed to have 288 beds in accordance with
the density equivalency established in Sec. 110-1. The calculation is as follows: 7.7 (the
number of acres) x 15 (the residential density) x 2.5 (the equivalency factor for units to beds) =
288 beds. See the project description and the Special Exception Worksheet included in the
application.
P8Z recommendation: On August 22, 2012, P&Z Board recommended approval of Special
Exception Request No. 12-06.
Staff recommendation: Staff considers an assisted living facility to be a needed housing option
in the community. Mr. Ringdahl's proposed project is appropriately located and is an important
economic development opportunity. Staff recommends approval of the requested special
exception with the addition of a condition that calls for all construction materials and equipment
to be removed from the ALF and condominium properties upon receipt of the certificate of
occupancy for the ALF.
Aqenda
m
1 lip a
PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 22, 2012
A Meeting of the Planning & Zoning Board was held on Wednesday, August 22, 2012, at the
City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to
Order at 7:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell Chairperson
Harry Pearson Vice Chairperson
John Fredrickson
Donald Dunn
Ron Friedman
OTHERS PRESENT
Susan Chapman Secretary
Kate Latorre Assistant City Attorney
Barry Brown Planning & Development Director
NEW BUSINESS
1. Approval of Meeting Minutes: June 27, 2012.
Motion by Harry Pearson, seconded by Ron Friedman, to approve the Meeting Minutes of June
27, 2012. Vote on the motion carried unanimously.
OLD BUSINESS
1. Recommendation to Board of Adjustment: Special Exception Request No. 12-06 to Allow
an Assisted Living Facility in the R-3 Zoning District - 700 W. Central Boulevard - Danny
P. Rinqdahl for Puerto Del Rio, LLC, Applicant.
Barry Brown explained that the previously granted Special Exception had expired, because a
Building Permit was not issued within 12 months of approval. He noted Danny Ringdahl has
reapplied for the Special Exception and confirmed that the request has not changed.
The audience viewed an aerial of the site. Ron Friedman very strenuously objected to the 90
degree turn at the northwest corner of the building, because there was no sight distance, and an
accident waiting to happen. Barry Brown replied that Ron Friedman's site plan comments would
be addressed during the next agenda item. Chairperson Russell reminded the Board members
that this agenda item was for the assisted living facility use of the property.
Danny Ringdahl apologized for the project delay and thanked the Board for taking the time to
reconsider his project. He confirmed that there have been no changes to the project since the
previous approval. Brief discussion followed.
Motion by Donald Dunn, seconded by John Fredrickson, to recommend that the Board of
Adjustment approve Special Exception Request No. 12-06, as requested. Vote on the motion
carried by a (4) to (1) majority vote, with members voting as follows: Donald Dunn, for; John
Fredrickson, for; Ronald Friedman, against; Harry Pearson, for; Lamar Russell, for.
Planning & Zoning Board
Meeting Minutes
August 22, 2012
Page 2 of 3
3. Recommendation to Staff: Site Plan for Casa Canaveral Assisted Living Facility (ALF) -
700 W. Central Boulevard - Danny P. Ringdahl, Applicant.
Barry Brown advised that the original Site Plan had expired, because a Building Permit was not
issued within 12 months of approval. He verified that no changes were made to the Site Plan
since the previous approval.
The Board members reviewed the Site Plan. Ron Friedman read his review comments and
submitted them for the record, attached hereto and made part of the official minutes. Following
discussion and review of Ron Friedman's comments, Barry Brown disagreed with Mr.
Friedman's interpretation of the Landscaping Code for parking areas. Kate Latorre verified that
Section 110-567 of the Code was subjective to interpretation. He advised that after Mr.
Friedman voiced his concern regarding the northwest corner of the building not having any sight
distance, stop signs were added to the previously approved site plan. Mr. Friedman reiterated
that he very strenuously objected to the 90 degree turn at the northwest corner of the building,
because there was no sight distance. He voiced his concern that erecting a stop sign at the turn
in the driveway would not deter an accident waiting to happen.
Barry Brown spoke to the Board regarding the City's future plan to revitalize W. Central Blvd.
He advised that Mr. Ringdahl has agreed to participate in this revitalization project. Brief
discussion was held regarding potential increase in vehicular traffic along W. Central Blvd.
resulting from the ALF project.
Motion by Donald Dunn, seconded by Lamar Russell, to recommend Staff approve the Site Plan
for Casa Canaveral ALF. Vote on the motion carried by a (4) to (1) majority vote, with members
voting as follows: Donald Dunn, for; John Fredrickson, for; Ronald Friedman, against; Harry
Pearson, for; Lamar Russell, for.
4. Interview and Recommendation to City Council Re: Prospective New Board Members -
John Price and Bruce Collins.
The Board interviewed prospective Board members John Price and Bruce Collins.
John Price advised that he has been a resident for 7 years. He is a retired professor with a
background in engineering, sales, and marketing; and was now a small business owner. He
loved the community and wants to see it grow while preserving the residential integrity.
Bruce Collins advised that he has been a resident for 32 years. Many years ago, he served on
the Board, but his work sent him to South Florida and he was not able to continue serving on
the Board. He has also served on the City's Visioning Committee. He is an active citizen in the
community. He is a proponent of mixed use and wants to be a part of the solution. He reads
planning literature, and evaluates the planning efforts of other cities during his travels, both
home and abroad. He advised that he made an error on the application to serve on the Board
and verified that he agrees to a background check.
Motion by Ron Friedman, seconded by Donald Dunn, to recommend that City Council appoint
John Price as a new Board member. Vote on the motion carried unanimously.
Motion by Donald Dunn, seconded by Ron Friedman, to recommend that City Council appoint
Bruce Collins as a new Board member. Vote on the motion carried unanimously.
The Board members thanked the applicants for their willingness to serve on the Board.
ALF comments 8/22/12
1. On the Electrical Site Plan, there is no illumination around the NW corner of the
building -the area of a 90 degree turn in the driveway without any sight distance
due to the proximity of the building.
2. On Sheet C-1. "Reclamation water lines" should be added to Note 25 and
Note 26 should be clarified by adding "potable" prior to water lines.
3. On Sheet C-16, Sect ions 1.1, 1.2„ and 8.1 should be revised to reflect that
reclaimed water lines are under the purview of the City of Cape Canaveral.
I
4. On Sheet C-16, I doubt that the existing potable water lines are concrete.
5. The 6' high masonary wall referred to on Page 3 of the Special Exception
Justification Statement should be shown and detailed on the Site Plans.
6. Section 110-567(a)(2) of the City Codes states "Parking areas with 11 or more
spaces shall have at least one five point tree for every five spaces or fraction
thereof interspersed throughout the parking area. In addition, one ten point
tree shall be placed at the end of each row where internal curbing would be
placed" (emphasis added)
A. The small parking lot between the building and West Central has 22 spaces but
no trees interspersed throughout the parking area. Five (5) trees interspersed
throughout this parking area are required by Section 110-567(a)(2) of the City
Codes.
B. The side parking lot between the building and the driveway has 30 spaces but
no trees interspersed throughout the parking area. Six (6) trees interspersed
throughout this parking area are required by Section 110-567(a)(2) of the City
Codes
C. The rear parking lot has 149 spaces and only 5 trees interspersed with the area.
Thirty (30) trees interspersed throughout this parking area are required Section
110-567(a)(2) of the City Codes . In addition, one (1) ten point tree at row end in
the SE corner of the lot is required.
Planning & Zoning Board
Meeting Minutes
August 22, 2012
Page 3 of 3
Chairperson Russell called for a break at 8:15 p.m. The meeting reconvened at 8:23 p.m.
5. Discussion Re: Appropriateness of Storage Facilities on SR A1A.
The Board members voiced their opinions regarding the communities need for outside storage
facilities and storage warehouses, and appropriateness for being located along SR A1A and
Central Blvd. Discussion was also held regarding expansion of existing vehicle rental facilities.
Following discussion, a motion was made by Ron Friedman, seconded by Lamar Russell, to
direct Staff to draft an Ordinance to prohibit outside storage facilities within 400 ft. of SR A1A
and Central Blvd.; make outside storage facilities a principal use in the M-1 Zoning District; and
outline a City map showing the 400 ft. distance requirement from SRA1A and Central Blvd.
Vote on the motion carried unanimously.
OPEN DISCUSSION
Barry Brown advised that City Council approved the Donation Bin Ordinance at 1st reading.
Barry Brown announced that on August 21, 2012, the Brevard County Commissioners approved
the City's request for delegation of powers to create a Community Redevelopment Agency
(CRA) in Cape Canaveral. That evening, City Council approved the adoption of Resolution
2012-16, creating the City's CRA and declaring the Council as the CRA Board.
Barry Brown announced that the City will host a CRA and Brownfield Area Open House on
September 18, 2012 from 3pm - 5pm. He encouraged all Board members to attend.
There being no further business the meeting adjourned at 9:15 p.m.
Approved on this day of , 2012.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
yQACE4k
�� s� City of Cape Canaveral
Planning & Development Department
Cr*V OF 7 PLANNING & ZONING BOARD
CA.r CAMAVL,,.
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
AUGUST 22, 2012
7:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
1. Approval of Meeting Minutes: June 27, 2012.
2. Recommendation to Board of Adjustment: Special Exception Request No. 12-06 to Allow an
Assisted Living Facility in the R-3 Zoning District - 700 W. Central Boulevard - Danny P.
Ringdahl, Applicant.
3. Recommendation to Staff: Site Plan for Casa Canaveral Assisted Living Facility - 700 W.
Central Boulevard - Danny P. Ringdahl, Applicant.
4. Interview and Recommendation to City Council: Prospective New Board Members - John Price
and Bruce Collins.
5. Discussion Re: Appropriateness of Storage Facilities on SR A1A.
OPEN DISCUSSION:
ADJOURNMENT:
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.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1206 — Fax (321) 868-1247
www.citvofcapecanaveral.org
MEMORANDUM
Date: August 17, 2012
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: August 22, 2012 P&Z Board Meeting
The first two items on the agenda are applications for a Request for Special Exception
and Site Plan approvals for the Casa Canaveral Assisted Living Facility. The Special
Exception for the Assisted Living Facility was originally approved by the Board of
Adjustment on April 13, 2011 and the site plan set was approved by the Council on
June 21, 2011. These approvals expire after 12 months if a Building Permit is not
issued. A Building Permit was not issued within the 12 month time period; therefore, the
Special Exception and Site Plan approvals have expired. Mr. Ringdahl has reapplied
for both Special Exception and Site Plan approvals. The Request for Special Exception
and the Site Plan Set have not changed since originally approved.
John Price and Bruce Collins will be interviewed for vacant positions on the Board (see
attached applications).
The recent approval of a Special Exception for storage of recreational vehicles, trailers,
and trailerable items at Yogi's Discount Beverage and Food Store has started a
discussion about the appropriateness of such storage facilities on SR A1A. The Board
will consider recommending an ordinance revision that will prohibit the location of
storage facilities for recreational vehicles, trailers, and trailerable items on SR A1A.
If you have further comment or question, please email
B.Brown a(�,cityofcapecanaveral.orq or call me at 321 868-1206.
liS
r.s
th a
SCANNED
.,_ it i -
w I-! City of Cape Canaveral
- Board of Adjustment
Special Exception Order --ReicbUe4 dor IZA'td2 1 eAvisiow
I. Applicant'sName4.1)„rhy �°1�.�tr< I 1 C/o ?u..erkoT«ie. / LlC._
II. Application Number: 12-66
Ill. Hearing Date: ciuA- $ 2013
I authorized bythe City Is the Applicant's special exception request Code? Yes No
V. All development orders (including special exceptions) must be consistent with the City's
Comprehensive Plan. §163.3194,Fla. Stat; §110-27(e),Cape Canaveral Code.
Is the Applicant's special exc ,tion request consistent with the City of Cape Canaveral's
Comprehensive Plan? Yes ,' No
VI. All special exception decisions must also be based on the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the special exception,including its proposed scale
and intensity,traffic-generating characteristics,and offsite impacts,is compatible and harmonious
with adjacent land uses,and will not adversely impact land use activities in the immediate vicinity.
Yes / No Not Applicable
Board of Adjustment
Special Exception Order
Page 1 of 4
ri" . 0 4
(2) Whether the applicant has demonstrated the size and shape of the site,the proposed access
and internal circulation,and the design enhancements to be adequate to accommodate the proposed
scale and intensity of the special exception requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping, open space, off-street
parking, and other similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed special exception.
Yes / No Not Applicable
(3) Whether the proposed special exception will have an adverse impact on the local economy,
including governmental fiscal impact,employment, and property values.
1 Yes No / Not Applicable
(4) Whether the proposed special exception will have an adverse impact on the natural
environment,including air,water,and noise pollution,vegetation and wildlife,open space,noxious
and desirable vegetation, and flood hazards.
Yes No / Not Applicable
(5) Whether the proposed special exception will have an adverse impact on historic,scenic,and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
Yes No/ Not Applicable
Board of Adjustment
Special Exception Order
Page 2 of 4
(6) Whether the proposed special exception will have an adverse impact on public services,
including water,sewer,surface water management,police,fire,parks and recreation,streets,public
transportation,marina and waterways,and bicycle and pedestrian facilities.
Yes No ( Not Applicable
(7) Whether the proposed special exception will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices,and neighborhood quality.
Yes No r Not Applicable
I
VII. Are there any other applicable requirements of federal,state, local law,City Charter,or City Code
that must be complied with by the applicant?
A. Yes / (cite below) No
B. If yes to VII.A., does the special exception requested comply with the applicable federal,
state, local law,City Charter,or City Code requirements?
Yes / No
VIII. Based on the evidence and testimony presented at the hearing,and based on the legal requirements
set forth above,the Board of Adjustment hereby makes the following final decision regarding the
afore entioned application:
r ved with no conditions/safeguards
uards o g
Board of Adjustment
Special Exception Order
Page 3 of 4
• Cope'
Approved with the following additional conditions and safeguards imposed by the Board:
Denied for the following reasons:
IX. Pursuant to Section 110-33,Cape Canaveral Code,any party aggrieved by any final decision of the
Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such
appeal must be filed with the City Manager within ten(10) calendar days of the date of the Board
of Adjustment's final decision. The City Manager shall schedule the appeal for the next regular City
Council meeting. The City Council shall hear and consider the appeal de novo and consider
evidence and testimony of any interested party. The Council shall have the right to either affirm or
reverse,in whole or in part,the decisions of the Board of Adjustment. The City Council's decision
shall be final and subject to appeal to a Court of Competent Jurisdiction.
FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF
ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE
DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD
OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL.
A copy of a Notice of Appeal form is attached to this order.
Done and Ordered this the C5 day of A ,20l 3 .
Attest:
Ch ' an
1 , P 4 ) E ;(it. v\CA
=S� 4. ,.
Recording ecretary
Board of Adjustment
Special Exception Order
Page 4 of 4
.
-' 4 '
V
qty �•_
A 'to
! City of Cape Canaveral
T Board of Adjustment
Special Exception OrdeSCANNED
Danny P. Ringdahl c/o Puerto Del Rio LLC
I. Applicant'sName:
Request No. 12-06
11. Application Number:
August 30, 2012
III. Hearing Date:
IV. Is the Applicant's special exception request authorized by the City Code? Yes X No
V. All development orders (including special exceptions) must be consistent with the City's
Comprehensive Plan. §163.3194,Fla. Stat; §110-27(e),Cape Canaveral Code.
Is the Applicant's special exception request consistent with the City of Cape Canaveral's
Comprehensive Plan? Yes x No
VI. All special exception decisions must also be based on the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the special exception,including its proposed scale
and intensity,traffic-generating characteristics,and offsite impacts, is compatible and harmonious
with adjacent land uses,and will not adversely impact land use activities in the immediate vicinity.
Yes X No Not Applicable
Board of Adjustment
Special Exception Order
Page I of 4
(2) Whether the applicant has demonstrated the size and shape of the site,the proposed access
and internal circulation,and the design enhancements to be adequate to accommodate the proposed
scale and intensity of the special exception requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping, open space, off-street
parking, and other similar site plan improvements needed to mitigate against potential adverse
impacts of the proposed special exception.
Yes X No Not Applicable
(3) Whether the proposed special exception will have an adverse impact on the local economy,
including governmental fiscal impact, employment,and property values.
Yes No X Not Applicable
(4) Whether the proposed special exception will have an adverse impact on the natural
environment,including air,water,and noise pollution,vegetation and wildlife,open space,noxious
and desirable vegetation,and flood hazards.
Yes No X Not Applicable
(5) Whether the proposed special exception will have an adverse impact on historic,scenic,and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
Yes No x Not Applicable
Board of Adjustment
Special Exception Order
Page 2 of 4
(6) Whether the proposed special exception will have an adverse impact on public services,
including water,sewer,surface water management,police,fire,parks and recreation,streets,public
transportation,marina and waterways,and bicycle and pedestrian facilities.
Yes No X Not Applicable
(7) Whether the proposed special exception will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood quality.
Yes No X Not Applicable
VII. Are there any other applicable requirements of federal,state, local law,City Charter,or City Code
that must be complied with by the applicant?
A. Yes X (cite below) No
ALF policies, procedures, rules, and regulations are being addressed through the
appropriate agencies and regulatory bodies.
B. If yes to VILA., does the special exception requested comply with the applicable federal,
state, local law,City Charter,or City Code requirements?
Yes X No
VIII. Based on the evidence and testimony presented at the hearing,and based on the legal requirements
set forth above,the Board of Adjustment hereby makes the following final decision regarding the
aforementioned application:
Board of Adjustment
Special Exception Order
Page 3 of 4
X Approved with the following additional conditions and safeguards imposed by the Board:
All Construction materials shall be removed upon receipt of Certificate of Occupancy.
Denied for the following reasons:
DC. Pursuant to Section 110-33,Cape Canaveral Code,any party aggrieved by any final decision of the
Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such
appeal must be filed with the City Manager within ten(10)calendar days of the date of the Board
of Adjustment's final decision. The City Manager shall schedule the appeal for the next regular City
Council meeting. The City Council shall hear and consider the appeal de novo and consider
evidence and testimony of any interested party. The Council shall have the right to either affirm or
reverse,in whole or in part,the decisions of the Board of Adjustment. The City Council's decision
shall be final and subject to appeal to a Court of Competent Jurisdiction.
FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF
ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE
DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD
OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL.
A copy of a Notice of Appeal form is attached to this order.
30th August
Done and Ordered this the day of ,20 12
Attest:
Chairman --,e,"43 i • -,37c..--71/4,il-h✓S
- - --it,u ----- i
Recording Secretary
Board of Adjustment
Special Exception Order
Page 4 of 4
....-
``r ,
,4,-- - - ,
A, : f -
giii 11 i:,;/ ,
City of Cape Canaveral
Board of Adjustment
Special Exception Order
I. Applicant'sName: 31/ ./ O' � , IJ
II. Application Number: //"--t '2-.-
III.
III. Hearing Date: ' ,4 'z/L- 20/i
IV. Is the Applicant'sspecialexceptionrequest authorized by the City Code? Yes ZNo
,
V. All development orders (including special exceptions) must be consistent with the City's
Comprehensive Plan. §163.3194,Fla. Stat; §110-27(e),Cape Canaveral Code.
Is the Applicant's special ex7tion request consistent with the City of Cape Canaveral's
Comprehensive Plan? Yes No
VI. All special exception decisions must also be based on the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the special exception,including its proposed scale
and intensity,traffic-generating characteristics,and offsite impacts,is compatible and harmonious
with adj ace and uses,and will not adversely impact land use activities in the immediate vicinity.
Yes No Not Applicable
Board of Adjustment
Special Exception Order
Page 1 of 4
(2) Whether the applicant has demonstrated the size and shape of the site,the proposed access
and internal circulation,and the design enhancements to be adequate to accommodate the proposed
scale and intensity of the special exception requested. The site shall be of sufficient size to
accommodate design amenities such as screening, buffers, landscaping, open space, off-street
parking, and other similar site plan improvements needed to mitigate against potential adverse
impacts oft a proposed special exception.
Yes No Not Applicable
(3) Whether the proposed special exception will have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values./
Yes No +' Not Applicable
(4) Whether the proposed special exception will have an adverse impact on the natural
environment,including air,water,and noise pollution,vegetation and wildlife,open space,noxious
and desirable vegetation, d flood hazards.
Yes No Not Applicable
(5) Whether the proposed special exception will have an adverse impact on historic,scenic,and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
Yes No Not Applicable
Board of Adjustment
Special Exception Order
Page 2 of 4
(6) Whether the proposed special exception will have an adverse impact on public services,
including water,sewer,surface water management,police,fire,parks and recreation,streets,public
transportation,marina d waterways, and bicycle and pedestrian facilities.
Yes No Not Applicable
(7) Whether the proposed special exception will have an adverse impact on housing and social
conditions, including/Not
variety of housing unit types and prices,and neighborhood quality.
Yes No Applicable
VII. Are there any other applicable requirements of federal,state, local law,City Charter,or City Code
that must be complied with by the applicant?
A. Yes (cite below) No
i94f ,02,01/ 1,0, 7M7 1/A0C, ev14l rrrD 2,4 4/4'1Avv'/
#./1ir/4 s� 4q 55 i-h (7rye •Q,;47/4#1ai X
/4,6r'AJ , 'A 4 , 4 I'MtV '4 ,',A4// "J
B. If yes to VILA., does the special exception requested comply with the applicable federal,
state, local w,City Charter,or City Code requirements?
Yes No
VIII. Based on the evidence and testimony presented at the hearing,and based on the legal requirements
set forth above,the Board of Adjustment hereby makes the following final decision regarding the
aforementioned application:
Approved with no conditions/safeguards
Board of Adjustment
Special Exception Order
Page 3 of 4
l/ Approved with the following additional conditions and safeguards imposed by the Board:
77/17 110, Gpl✓yjer/G /Om/ /0417/, iL/1 J . C, 1'a
U�O/✓77/'GS/Pr o L. o.
Denied for the following reasons:
DC. Pursuant to Section 110-33,Cape Canaveral Code,any party aggrieved by any final decision of the
Board of Adjustment shall have the right to appeal the final decision to the City Council. Any such
appeal must be filed with the City Manager within ten(10)calendar days of the date of the Board
of Adjustment's final decision. The City Manager shall schedule the appeal for the next regular City
Council meeting. The City Council shall hear and consider the appeal de novo and consider
evidence and testimony of any interested party. The Council shall have the right to either affirm or
reverse, in whole or in part,the decisions of the Board of Adjustment. The City Council's decision
shall be final and subject to appeal to a Court of Competent Jurisdiction.
FAILURE OF ANY AGGRIEVED PARTY TO APPEAL A DECISION OF THE BOARD OF
ADJUSTMENT TO THE CITY COUNCIL WITHIN TEN (10) CALENDAR DAYS SHALL BE
DEEMED A WAIVER OF THAT PARTY'S RIGHT TO JUDICIAL REVIEW AND THE BOARD
OF ADJUSTMENT'S DECISION SHALL THEN BE DEEMED FINAL.
A copy of a Notice of Appeal form is attached to this order.
Done and Ordered this thew day of A7/0lL ,20/) .
Attest: ;7?"-‘/"4:7
(' Chairman
Recor mg Secretary
Board of Adjustment
Special Exception Order
Page 4 of 4
j .
APPLICATION FOR SITE PLAN REVIEW
r'EE: 60:00 DATE: 5--e- P,
•
PROJECT NAME:
LEGAL DESCRIPTION: SF 1:›04% i✓s:•/ts — ,o(9 ( C
r70v W. c2ery#-ra_l 351 vcd .
OWNER(S) NAME: F C c7 LLC_ D� ass((� J S
OWNER(S) ADDRESS: 7 SD N. ,o►
C0c0 3 c ?293 1
PHONE NUMBER: ( . e,1/4_3?4 S-4 2 0
NAME OF ARCHt.'YECTIENGINEER: l� •
PHONE NUMBER: 3 2t "D G J o? ' (3 0 Com,L 7-( €3
APPLICANT'S SIGNATURE:
Clif' • • ' ENT
PHONE NUMBER: 3 599 9,
tL�.., 1 *3.
WE PLAN CHECKLIST
SITE PLAN INFORMATION:
(General)
Yes No N.A.
V Size, height, number of units and location of proposed and
existing structures.
✓ Dimensions
✓ Total gross area and percentage devoted to structures,
parking and landscaping.
`/ Number of units
✓ Number of parking spaces and loading zones
Traffic flow diagram
Density (units per acre)
J,ocation and dimension for the following areas:
Park(s)
Canal(s)
y
Waterway(s)
Boat slip(s)
✓ Parking
Swimming pooI(s)
Driveway(s)
Recreation
SITE PLAN CHECKLIST (CONTINUED)
PAGE 2
Yes
No N.A.
�✓ Trash
�l Sidewalks
Dune crossovers
Other (specify)
Type of enclosure for communal trash container(s)
Fire alarm and standpipe data
Vicinity map
Location of planned landscaping
Finished wades for the following:
Entire parcel
Finished floors
Streets
N./ Parking lots
Sidewalks
10" of Q adjoining J �aproperty
Details. sections and specifications
Street lights
Water and sewer
• t
Sn'E PLAN CHECKLIST (CONTINUED)
PAGE 3
Yes
No N.A.
/ Paving and drainage
Curbs
✓ Storm drains
tl Sidewalks •
JEngineer's seal on drawings
$quare footage of building areas
Living
_/ Parking
Other (specify)
✓ Total under roof
Required notes:
Sidewalk and sanitary sewers to be constructed to City of
Cape Canaveral standards
Water lines to conform to City of Cocoa standards
Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
TOPOGRAPHIC SURVEY
USC and G.S. datum plane
i.J Existing street lights
EXHIBIT B
PROPERTY WHICH MAY BE RELEASED FROM TERM LOAN
PUERTO DEL RIO,A CONDOMINIUM
PHASE 3
PHASE 3C,PUERTO DEL RIO
A PARCEL OF LAND LYING IN SECTION 15,TOWNSHIP 24 SOUTH, RANGE 37
EAST, BREVARD COUNTY, FLORIDA, BEING BOUNDED ON THE SOUTH BY
CENTRAL BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057, PAGE
445 AND BOUNDED ON THE WEST AND THE NORTH BY OFFICIAL RECORDS BOOK
4292, PAGE 2493 AND BOUNDED ON THE EAST BY OFFICIAL RECORDS BOOK 3675,
PAGE 971, OFFICIAL RECORDS BOOK 3949, PAGE 1127 AND OFICIAL RECORDS
BOOK 3064, PAGE 2885,ALL OF THE PUBLIC RECORDS OF BREVARD COUNTY,
------- -FLORIDA,-BEINGIVIORE PARTICULARLY DESCRIBED AS FOLLOW ____.... ...._..
COMMENCE AT AN INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
SAID CENTRAL BOULEVARD, (A 100 FOOT R/W PER ORB 3057, PAGE 445)AND THE
EAST LINE OF SAID ORB 4292, PAGE 2493;THENCE N 00'51'26"W, ALONG SAID
EASTERLY LINE OF SAID ORB 4292, PAGE 2493, FOR A DISTANCE OF 976.72 FEET;
THENCE CONTINUE ALONG SAID EAST LINE,N 49'06'35"E, FOR A DISTANCE OF
258.02 FEET,TO AN INTERSECTION WITH THE WEST LINE OF SAID ORB 3675, PAGE
971; THENCE S 37'22'00"E,ALONG SAID WEST LINE, FOR A DISTANCE OF 157.75
FEET, TO THE POINT OF BEGINNING;THENCE CONTINUE ALONG SAID WEST LINE
AND THE WEST LINE OF SAID ORB 3949, PAGE 1127, S 37422'00"E, FOR A DISTANCE
OF 743.83 FEET,TO THE NORTHERLY LINES OF PHASE 31) AND PHASE 3E, PUERTO
DEL RIO; THENCE ALONG THE SAID NORTHERLY LINES, THE NEXT FIVE(5)
COURSES, S 52'38'00"W, FOR A DISTANCE OF 110.97 FEET; THENCE S 07'39'36"W,
FOR A DISTANCE OF 7.82 FEET, TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 100.00 FEET; THENCE
SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
45'00'00", FOR AN ARC DISTANCE OF 78.54 FEET,TO THE POINT OF TANGENCY;
THENCE S 52'39'36"W, FOR A DISTANCE OF 54.66 FEET, TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
400.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 28'05'55", FOR AN ARC DISTANCE OF 196.17
FEET,TO A POINT; THENCE N 09'14'29"W,ALONG A RADIAL LINE, FOR A
DISTANCE OF 15.00 FEET,TO A POINT ON THE SOUTHERLY AND EASTERLY LINES
OF PHASE 3A, PUERTO DEL RIO SAID POINT BEING A POINT ON A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 385.00 FEET;THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AND THE SAID SOUTHERLY
AND EASTERLY LINES OF PHASE 3A,PUERTO DEL RIO,THE NEXT EIGHTEEN (18)
COURSES, THROUGH A CENTRAL ANGLE OF 16'43'53", FOR AN ARC DISTANCE OF
B-1
17248527.11
112.43 FEET; THENCE N 37'20'24"W,ALONG A NON-RADIAL LINE, FOR A DISTANCE
OF 135.38 FEET; THENCE N 5739'36"E, FOR A DISTANCE OF 139.95 FEET;THENCE N
3720'24"W, FOR A DISTANCE OF 32.80 FEET; THENCE S 5739'36"W, FOR A DISTANCE
OF 25.11 FEET; THENCE N 3720'24"W, FOR A DISTANCE OF 142.32 FEET;THENCE N
41'26'40"W, FOR A DISTANCE OF 30.27 FEET; THENCE N 37'20'24"W, FOR A
DISTANCE OF 22.88 FEET; THENCE N 32'24'31"W,FOR A DISTANCE OF 25.20 FEET;
THENCE N 3720'24"W,FOR A DISTANCE OF 90.90 FEET;THENCE N 07'39'36"E,FOR A
DISTANCE OF 46.43 FEET; THENCE N 3720'24"W, FOR A DISTANCE OF 24.52 FEET;
THENCE N 52'39'13"E,FOR A DISTANCE OF 95.63 FEET; THENCE N 78'53'42"W,FOR
A DISTANCE OF 198.89 FEET;THENCE N 00'33'41"W, FOR A DISTANCE OF 150.26
FEET; THENCE N 89'26'19"E, FOR A DISTANCE OF 5.51 FEET, TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
150.00 FEET;THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 17'18'28", FOR AN ARC DISTANCE OF 45.31 FEET,
TO THE POINT OF TANGENCY;THENCE N 72'07'51"E, FOR A DISTANCE OF 76.21
FEET,TO THE POINT OF BEGINNING. CONTAINING 3.75 ACRES MORE OR LESS.
17248527.11 B-2
PUERTO DEL RIO,A CONDOMINIUM
PHASE 3
PHASE 3D,PUERTO DEL RIO
A PARCEL OF LAND LYING IN SECTION 15,TOWNSHIP 24 SOUTH, RANGE 37
EAST, BREVARD COUNTY, FLORIDA, BEING BOUNDED ON THE SOUTH BY
CENTRAL BOULEVARD AS DESCRIBED [N OFFICIAL RECORDS BOOK 3057, PAGE
445 AND BOUNDED ON THE WEST AND THE NORTH BY OFFICIAL RECORDS BOOK
4292, PAGE 2493 AND BOUNDED ON THE EAST BY OFFICIAL RECORDS BOOK 3675,
PAGE 971,OFFICIAL RECORDS BOOK 3949,PAGE 1127 AND OFICIAL RECORDS
BOOK 3064,PAGE 2885,ALL OF THE PUBLIC RECORDS OF BREVARD COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT AN INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
----....
SAID_CENTRAI.._B ULEVARD4.(A_100.FO0.T_R/'L PER_ORB.3Q57,.PAGE_OA)ANILTHE_..._ __ -
EAST LINE OF SAID ORB 4292;PAGE 2493;THENCE S 89'27'05"E,ALONG THE SAID
RIGHT OF WAY LINE, FOR A DISTANCE OF 369.23 FEET,TO THE POINT OF
BEGINNING, BEING ON THE EAST LINE OF PHASE 3B, PUERTO DEL RIO;THENCE N
00'33'22"E,ALONG THE SAID EAST LINE, FOR A DISTANCE OF 180.19 FEET,TO A
POINT ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 400.00
FEET, SAID POINT HAS A RADIAL BEARING OF S 08'12'28"E FROM THE CENTER OF
SAID CURVE AND BEING ON THE SOUTHERLY LINE OF PHASE 3C, PUERTO DEL
RIO; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AND THE SAID
SOUTHERLY LINE,THROUGH A CENTRAL ANGLE OF 29'07'56", FOR AN ARC
DISTANCE OF 203.38 FEET,TO THE POINT OF TANGENCY;THENCE N 52'39'36"E,
ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 54.66 FEET, TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
100.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, AND
THE SAID SOUTHERLY LINE, THROUGH A CENTRAL ANGLE OF 04'45'25", FOR AN
ARC DISTANCE OF 8.30 FEET,TO A POINT, SAID POINT BEING ON THE WESTERLY
LINE OF PHASE 3E, PUERTO DEL RIO; THENCE S 37'20'24"E,ALONG THE SAID
WESTERLY LINE,ALONG A NON-RADIAL LINE, FOR A DISTANCE OF 243.10 FEET;
THENCE S 00'32'55"W,ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 106.92
FEET,TO THE SAID NORTH RIGHT OF WAY LINE;THENCE N 89'27'05"W,ALONG
SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 383.55 FEET, TO THE POINT OF
BEGINNING. CONATINING 1.91 ACRES MORE OR LESS
17248527.1i B-3
PUERTO DEL RIO,A CONDOMINIUM
PHASE 3
PHASE 3E,PUERTO DEL RIO
A PARCEL OF LAND LYING IN SECTION 15,TOWNSHIP 24 SOUTH, RANGE 37
EAST, BREVARD COUNTY,FLORIDA, BEING BOUNDED ON THE SOUTH BY
CENTRAL BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3057,PAGE
445 AND BOUNDED ON THE WEST AND THE NORTH BY OFFICIAL RECORDS BOOK
4292, PAGE 2493 AND BOUNDED ON THE EAST BY OFFICIAL RECORDS BOOK 3675,
PAGE 971, OFFICIAL RECORDS BOOK 3949, PAGE 1127 AND OFICIAL RECORDS
BOOK 3064, PAGE 2885,ALL OF THE PUBLIC RECORDS OF BREVARD COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT AN INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
SAID CENTRAL BOULEVARD, (A 100 FOOT RAV PER ORB 3057,_PAGE445)AND THE
EAST LINE OF SAID ORB 4292, PAGE 2493; S 89'27'05"E,ALONG THE SAID RIGHT OF
WAY LINE, FOR A DISTANCE OF 752.78 FEET, TO THE POINT OF BEGINNING, SAID
POINT BEING ON THE EASTERLY LINE OF PHASE 3D,PUERTO DEL RIO;THENCE N
00'32'55"E,ALONG THE SAID EASTERLY, FOR A DISTANCE OF 106.92 FEET;
THENCE N 37'20'24"W, ALONG SAID EASTERLY LINE, FOR A DISTANCE OF 243.10
FEET, TO THE SOUTHERLY LINE OF PHASE 3C PUERTO DEL RIO AND A POINT ON
A CURVE,OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
100.00 FEET, SAID POINT HAS A RADIAL BEARING OF S 42'05'49" E FROM THE
CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE,AND THE SAID SOUTHERLY LINE,THROUGH A CENTRAL ANGLE OF
40'14'35", FOR AN ARC DISTANCE OF 70.24 FEET, TO THE POINT OF TANGENCY;
THENCE N 0739'36"E, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 7.82
FEET;THENCE N 52'38'00"E, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF
110.97 FEET,TO THE WEST LINE OF SAID ORB 3949. PG 1127; THENCE S 37'22'00"E,
ALONG THE SAID WESTERLY LINE AND THE WESTERLY LINE OF SAID ORB 3064,
PG 2885, FOR A DISTANCE OF 534.55 FEET,TO THE SAID RIGHT OF WAY LINE AND
A POINT ON A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
561.05 FEET, SAID POINT HAS A RADIAL BEARING OF S 12'21'52"E FROM THE
CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE AND THE SAID RIGHT OF WAY LINE,THROUGH A CENTRAL ANGLE OF
12'54'31", FOR AN ARC DISTANCE OF 126.40 FEET,TO THE POINT OF TANGENCY;
THENCE N 89'27'05"W,ALONG SAID RIGHT OF WAY LINE, FOR A DISTANCE OF
173.85 FEET,TO THE POINT OF BEGINNING. CONTAINING 2.04 ACRES MORE OR
LESS
17248527.11 B-4
NOTICE OF PUHEARING TO THE ADJACENT,JPERTY O,; '
CITY OF CAPE ANAVERAL- PLANNING & ZONING DEPART '
REQUEST FOR SPECIAL EXCEPTION & VARIANCE OPY
FOR CASA CANAVERAL ASSISTED LIVING FACILITY-700 W. CENTRAL BOULEVARD
Notice is hereby given by the City of Cape Canaveral that Danny P. Ringdahl for Puerto Del Rio, LLC, has requested
a Special Exception for an assisted living facility in the R-3 zoning district per Section 110-314 (6); and a Variance to
allow for a building length of 353 ft. and a building width of 320 ft. rather than 185 ft. maximum length or width per
Section 110-316 (7); and a Variance to allow for a 25 ft. setback from a residential property line rather than 50 ft. per
Section 110-488(a) of the City of Cape Canaveral Code of Ordinances, for the property described as follows:
Legal Description: Township 24 South, Range 37 East, Section 15, Parcel 510.0; Parcel ID: 24-37-15-00-00510.0-
0000.00, (700 W. Central Boulevard, Cape Canaveral, Florida, 32920). This communication shall serve as notice that
there will be a Public Hearing before the Cape Canaveral Planning and Zoning Board regarding the Special Exception
on Wednesday, August 22, 2012, at 7:00 p.m.; and Subsequent Public Hearings before the Cape Canaveral Board of
Adjustment regarding the Special Exception and Variance will be held on Thursday, August 30, 2012, at 6:00 p.m.
for the property described above. The meetings will be held at the Cape Canaveral Public Library, 201 Polk Avenue,
Cape Canaveral, FL.
Note: The Planning and Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral
Board of Adjustment regarding the Special Exception. The final administrative approval or denial will be determined
by the Board of Adjustment. Comments regarding these requests can be made in person at the meetings, or submitted
in writing to the City of Cape Canaveral, Planning & Zoning Department, 7510 N. Atlantic Avenue, P.O. Box 326,
Cape Canaveral, FL 32920-0326.
02010 AA.,•a.*Caw..1........_
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