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HomeMy WebLinkAboutSpecial Exception No 12-06 File City of Cape Canaveral L: BuildingDepartment (Please Print Legibly or Type) 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) • 2 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. 4 (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 5 ".S 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. 6 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 4 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 1 U 3 March 16, 2011 'fir wp� 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. I 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. I I I U U 5 March 16, 2011 • 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. ,`�th1m01I/1��.��� A ,,��4oCrs�1 . Nay Public: � ( ilii Ak• i • E- t My Commission Expires: a'1' 'l�17 lt 0 r. tiotyo 31 • `oma: coyys� �� 31hbbl4 fleaCan Oowr' •RinerleN,L)rnia,of 2 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. 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.Browncityofcapecanaveral.orq or call me at 321 868-1206. 2 RADIUS MAP FOREMAN, DANIEL T brown500 • 1----- \ / L \.. d. (i.e. , 23 6 • 39 , i 38 7 \;7YPT. ''\• f 20 II 4CA.1. Il 4 1 6 3 0..v i 33 30 2 14I 9 37132, 1 .� \ I 2r 8 31 28 34 41 22 18 \ 19 17 6. 16 • Ir.. . CASA:ELLADR '!, MAP SCALE IS:1:6,000 OR 1 inch equals 500 feet Legend pffvAqcBUFFER DISTANCE: 500 feet • � \o This map was compiled from recorded documents and does not reflect f�� Parcel/lototificaboundaries ►►►iii , ?- z r. I an actual survey.The Brevard County Board of Commissioners does I �L:' "' ' not assume responsibility for errors or omissions contained hereon. I NNotifiedtion Properties *L..-0/%0P Subject Properties Produced by:Brevard County Planning&Zoning Office-GIS 8/7/2012 LOCATION MAP FOREMAN, DANIEL T brown500 / J — ii $ 2 1 ______} . , ._ _ ,... ,___________ L.,_.\---------- /...--__ HVVY ._ _---" ,,,_ r (---- L J GEORGE J KIN Ai, III . t'o K, ~ CENTRAL BLVD E ' I.‘°4 II 1111° _ l T � MIM / T I' I'. SIN , . iii MAP SCALE IS:1:24,000 OR 1 inch equals 2,000 feet epsv.aso BUFFER DISTANCE: 500 feet Legend Notification buffer r This map was compiled from recorded documents and does not reflect • I an actual survey.The Brevard County Board of Commissioners does �� Roads \ I Y/�:' '� not assume responsibility for errors or omissions contained hereon. \�"p�ofr Subject Properties Produced by:Brevard County Planning&Zoning Office-GIS 8/712012 C Page l of l Jim Ford, CFA Brevard County Property Appraiser - Map Search f ,yl, '•,, - v, • - YiM a �•, - 4 3 • J- r 3, \ 1 ` ., 1 1 r \`~'•.5 ALF - PROPERTY „. r h e I http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1&id=2011040... 4/8/2011 • ------_, �•.VAl'f 09 lVTf1N3D 1 1 �I 1 -r 1__ _ I11 9{ / f ' I , Y ;v. 1 f II f ACK j Ir iw 1. O� , • /,. ♦♦ - - + 1110(\1)." C •c • a ® • ; r. f, ) � ' '`. ' � - a Irl I .. [ J II ' `a* \ - 1 t i: i i 1. A\ \ — '1 tr-,, A. f l • ""rl i r-LJ 11-7e,,--.! • 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 vaittztio 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. 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PUERTO DEL RIO DR UNIT 1503 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 WEBER,RICHARD WELKER,RONALD K WEBER,SUSAN H/W 742 BAYSIDE AVE#6204 8954 PUERTO DEL RIO DR#15014 CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 WEST,DWIGHT E JR WESTCOTT,MICHAEL STEWART WHEATLEY,CONSTANCE M 8964 PUERTO DEL RIO DR#2402 1602 GABLE CT 8922 LAGUNA LANE UNIT 303 CAPE CANAVERAL FL 32920 MERRITT ISLAND FL 32953 CAPE CANAVERAL FL 32920 WHYTE,PAUL W WILLIAMS,KATHLEEN A WILLIAMS,RUBY WHYTE,DEBORAH A H/W 8924 PUERTO DEL RIO DR#202 8903 LAGUNA LN#202 1 AMANDA WAY CAPE CANAVERAL FL 32920 CAPE CANAVERAL FL 32920 PROVIDENCE RI 2904 WINDORF,GARY WORK,JOHN WINDORF,PATRICIA M H/W 802 W CENTRAL BLVD 49782 KEYCOVE STREET CAPE CANAVERAL FL 32920 CHESTERFIELD MI 48047 XTREME FUN LLC YOUNG,JEFFREY 185 COCOA BEACH CSWY YOUNG,KIMBERLY SPINELLI H/W COCOA BCH FL 32931 14 IRENE BLVD HOWELL NJ 7731 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. 0 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. I I I I 2 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 • 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. / 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. 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R aR.. � ;111 ° 1 11 11 1!41! 111,- 8, si Tv 4 Ril &jai Ii § (z-- •� 0 1 !9fl OR0 ri<! SSO1Consulting Engineers, ncnc. CAPE CANAVERAL,FLORIDA m Mfr 1 &W�'�'�.°�.s°_.,.17M/IA"°" BUILDING SETBACK EXHIBIT t, " °"'I�I`�°'" �4 . 501wwOarkrayBM weloer,FL 12•15 J t tDOM RO t1/lereolo `-` s Il eDN)f51dOw Fail:117114W