HomeMy WebLinkAboutSpecial Exception No 13-06 410
City of Cape Canaveral
F`. PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
OCTOBER 9, 2013
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
1. Interviews & Recommendation to City Council Re: Potential Board Members, Craig
Kittleson and Jill Seale.
2. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-06 to
Allow Townhouses in the C-1 Zoning District, (127, 131, 135 & 139 Oak Lane) - Sheropa,
LLC, Property Owner.
3. Review & Recommendation to City Council Re: Ordinance No. XX-2013; providing for the
regulation of signage; providing for comprehensive amendments to Chapter 94, Signs, of
the Code of Ordinances; amending the signage requirements for the A1A Economic
Opportunity Overlay District; providing for repeal of prior inconsistent ordinances and
resolutions, incorporation into the code, severability, and effective date. (Continued from
May 22nd, July 10th, & September 11, 2013)
OPEN DISCUSSION:
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 Planning & Zoning Board with respect to any matter considered at this
meeting, that person will need a record of the proceedings, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
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 Community & Economic Development Department (868-
1205) 48 hours in advance of the meeting.
7510 N Atlantic Avenue— P.O. Box 326—Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org
City of Cape Canaveral, Florida
Planning and Zoning Board
October 9, 2013
STAFF REPORT
Request: For a Special Exception to allow for the construction of townhouses in the C-1
Commercial Zoning District per Section 110-334(c)(10).
Applicant and Owner of property: Sheropa LLC; Patrick Lee, President
Subject properties: Four vacant lots on the south side of Oak Lane addressed as 127,
131, 135 and 139. Oak Lane is on the west side of North Atlantic, north of Central Blvd.
and between the Circle K and La Cantina Bar & Grill.
Future Land Use and Zoning designation: C-1, Low Density Commercial
Surrounding zoning:
North —C-1, Commercial
East— C-1, Commercial
South — C-1, Commercial
West— C-1, Commercial
Surrounding uses:
North — Residential
East— Residential and Circle K
South— Residential — Ocean Gardens
West—Vacant property
Summary
The applicant has purchased four (4) lots on Oak Lane and desires to construct two-unit
townhomes on each lot (see elevations and floor plan in packet). The properties are
zoned C-1 Commercial. According to the Code, residential is allowed in this portion of
the C-1 Zoning District pursuant to a Special Exception. The code citation for this
request is:
Section 110-334(c)(10).
(c) Special exceptions may be permitted for the following:
(10) Single-family dwellings,two-family dwellings, townhouses or multiple-family dwellings;
provided, however,there shall not be more than 15 dwelling units per net residential acre
and such dwellings shall not be permitted on property along the A1A Highway Corridor as
depicted in exhibit"A,"attached hereto and fully incorporated herein by this reference. See
requirements in the R-2 district in division 3 of this article. These requirements apply to
residential construction in the C-1 district.
1
Special Exception Worksheet and Staff Analysis
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
Land Use and Zoning
Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, C-1 Commercial land use classification allows for all C-1 Commercial Zoning District uses
and residential use is allowed in this portion of the C-1 Zoning District pursuant to a Special
Exception.
Is the requested SE consistent with the intent of the zoning district in which it is sought?
Yes, given that the surrounding area has developed in residential uses.
Will the SE meet all the requirements of the zoning district in which the request is to be
located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-
street parking, signs, storage, landscaping, etc.? Yes.
Impact to surrounding properties
Is the proposed special exception compatible and harmonious with properties and uses
in the surrounding area? Explain why. Yes, surrounding area is developed in residential
uses.
Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes.
Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity? No.
Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, stormwater
runoff, or other offsite impacts that would not have been created had the property been
developed as a principle use? No.
Will there be adequate screening, buffers, landscaping, open space, off-street parking,
other similar site improvements to mitigate any adverse impacts of the SE? N/A.
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.
Are signs and exterior lighting designed and located so as to promote traffic safety and
to minimize any undue glare or incompatibility with adjoining properties? N/A.
What are the hours of operation and how will they impact surrounding properties? N/A.
2
Traffic and Parking
Is there adequate off-street parking? Yes.
Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes. Oak Lane in not paved and the City has no plans to do so.
What type and how much traffic will the SE generate? Nominal residential traffic.
Are there adequate loading and unloading areas? N/A.
Public Services
Are adequate utilities available? Location and capacity. Yes.
Will the proposed special exception create any unusual demand for police, fire, or
emergency services? No.
Will the proposed Special Exception have an 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.
Is there adequate refuse facility for the use and is the dumpster properly located and
screened? N/A.
Miscellaneous Impacts
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.
Will the proposed SE have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic resources.
No.
Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No.
Will the proposed special exception will have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality. No.
Staff Recommendation to the Planning and Zoning Board
Staff recommends approval of the requested Special Exception.
3
0
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
Description of Request: (Insure that the specific code sections of the zoning ordinance
that allow and support your request are noted). If necessary, attach separate sheet.
k). yliCS..r 'T6 � �► 2 i� vt
) 1)stry (a w JD R ("OD
Address of requested Special Exception: (.)-i ZAK,' clog e
r G- 3 ,?-i
Name of Project (if applicable): Ai- 6 / 01,0AI Heppe
A ;AS" 4:26A9-7
Legal description: Lot(s) Block Subdivision
Section Township Range
Future Land Use and Zoning designations: ft 10 ;I/,296- I ac
R- � )-137. y , 'r y5-7gzis
Owner and Applicant Information: 2 - „ WI 7l m l ;,i y P $4 A;-7;4L
I am the property owner.
I am a tenant. (Attach notarized letter of authorization).
I am authorized agent other than a tenant: (Attach Written Power of Attorney)
Owner(s) Name: A l.G.G 7'A-'T y2/t-K L w' fir.
Mailing Address: 1.166 HI}g, O R DR/ 4fi ('4p ( /411/4111-113—L_
Phone number(s): , _ I Li-- U.7U 7
Email(s): ��� n? Y Kcowk-
Authorized Agent Information (if applicable):
Name of Authorized Agent: 3,�3
ob
_ t
Mailing Address: A. o°�
Phone number(s):
Email(s):
PD- Special Exception Application - 101411 Page 3
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet— Cont'd
I hereby attest that all inform, i etches - -• contained and made part of this
request are honest and tr070'tetest of • edge and belief.
Signature of Applicant: h /..___OSL
State of Florida
County of 61-.6,
Sworn to and subscribed before me on this day of f4,- (-61 ,
-201iby a`7' t - L e c , ❑ who is personally
known, or I�produced i.d. —Type of i.d. cc Oar`u/'s L4 c-e•-/r-
Signature of Notary: (�
Notary Seal:
0:'*,:'* JOY LOMBARDI
?*: ' += MY COMMISSION/I EE 094753
X•,��. EXPIRES:August 3,2015
';jie F°`' i,ndad Nu Notary Public Underwriters
PD-Special Exception Application- 101411 Page 4
City of Cape Canaveral
SPECIAL EXCEPTION
Instruction Sheet
A pre-application meeting with the City Planner is required prior to completion
and submittal of a Special Exception application.
The Special Exception application shall be prepared in compliance with the
requirements of Chapter 110, Sections 110-38 & 110-39 of our code. To access our
code visit www.cityofcapecanaveral.orq; from the homepage select City Code of
Ordinances; and click on the link to municode.com.
You and/or representative are required to attend the meetings at which your request will
be considered. You will be notified of the dates and times of meetings. Meetings are
held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal the application will not be
accepted.
Special Exception Application Submittal Checklist
i 1. Completed Information Sheet
2. Authorization to represent property owner, if applicant is not the owner.
If tenant: Notarized letter of authorization.
If Other:eFiften Power of Attorney.
3. Payment of application fee ($250) and escrow deposit (escrow fees are to cover
costs of application review, notification of surrounding property owners, etc. and
the mount is determined when the application is submitted).
4. ' Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
lab Is (instructions on page 8).
4 i
5. f Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
6. Copy of recorded deed or Opinion of Title for subject property.
7. `, Certified survey or site plan (scaled drawing of subject property depicting
boundaries, all structures, and parking.
PD -Special Exception Application - 101411 Page 2
Prepared by:
Michele Brenner
Landmark Title Agency,Inc.
400 East Merritt Avenue,Suite D
Merritt Island,Florida 32953
File Number: 13-11873 A
CFN 2013154686 OR BK 6921 PAGE 2632,
Recorded 07/122013 at 01 48 PM Scott EMs.Clerk of
Gouts.Brevard County
Doc D 5875 00 a Pgs 2
General Warranty Deed
Made this June 26.2013 A.D.By
ANTHONY FILLICHIO and CATHERINE FILLICHIO,husband and wife.
whose mailing address is: 6 Minnetonka Road,Sea Ranch Lakes,FL 33308,
hereinafter called the grantor,to
SHEROPA,LLC.a Florida Limited Liability Company
whose post office address is: 400 Harbor Drive,Cape Canaveral,FL 32920,
hereinafter called the grantee:
tw hcnescr used herein the term"granux-and"grantee"include all the panic to this instntnsent and the heirs,legal representatives and assigns of
individuals. and the successors and assigns of corporations)
Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable
considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms
unto the grantee,all that certain land situate in Brevard County,Florida,viz:
SEE EXHIBIT"A" FOR LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN BY THIS
REFERENCE.
THE PROPERTY HEREIN DESCRIBED IS VACANT AND UNIMPROVED LAND.
Parcel ID Number:24-37-14028-A10;24-37-I4-28-A25;24-37-14-28-A26 and 24-37-I4-28-A27.
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
•
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will
defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing
subsequent to December 31,2013.
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed,sealed and delivered in our presence:
��� ✓ ^� � -„ (Seal)
ANTHONY,L ICH--IO
upness Printed Name t vrrU • C c-U. Address: 6 Minnetonka Road.Sea R h Lakes,FL 33308
C054
I -- v1 c 1 t h �r _�.�Cd (Seal)
o ' CATHERINE FILLICHIO
Witness Printed Name , ' 1� E- — Address: 6 Minnetonka Road,Sea Ranch Lakes,FL 33308
State of Florida
County of bict,L2 assn''..
The foregoing instrument was acknowledged before me this 7 F day of June.2013,by ANTHONY FILLICHIO and CATHERINE
FILLICHIO,husband and wife,who israre personally known to me or who has produced as
identification.
Notary Pabtk 9 R .Y PC.-hr
Print Name
fly Commission
Expires: _I, Bataan 1L
sn'• r:
MY COmuiSS10N 1 EE86�2B6
EXPIRES January a.2017
.Yy
�>j ,+' TMJ Ndan Putt tkdMMrin
DEED Individual Warranty Deed with Legal on Scheduk A STARRPATON
Chicago Title Insurance an! Order No.: 4407995
�•� Customer Reference: 13-11873 A
EXHIBIT "A"
Parcel # 1
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N.89° 38'33"W and parallel to
the North line of said Lot B, a distance of 510.10 ft. to the Point of Beginning; Thence continue
along said line a distance of 80.00 feet, thence run N.00° 54'29" W a distance of 128.50 feet,
thence run S89° 33" E a distance of 80.00 feet, thence run S.00° 54'29" E a distance of 128.50 feet
to the Point of Beginning.
Parcel # 2
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run 5.00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N.89° 38'33" W and parallel to
the North line of said Lot B, a distance of 590.10 feet to the Point of Beginning; Thence continue
along said line a distance of 116.20 feet, thence run N. 00° 54' 29" W a distance of 128.50 feet,
thence run S. 89° 38'33"E a distance of 116.20 feet, thence run S. 00° 54'29" E a distance of
128.50 feet to the Point of Beginning.
Parcel # 3
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N. 89° 38'33" W and parallel
to the North line of said Lot B, a distance of 706.30 feet to the Point of Beginning; Thence continue
along said line a distance of 80.00 feet, thence run N. 00° 54'29° W a distance of 128.50 feet,
thence run S. 89° 38'33" E a distance of 80.00 feet, thence run 5.00° 54'29" E a distance of 128.50
feet to the Point of Beginning.
Parcel # 4
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N. 89° 38'33" W and parallel
to the North line of said Lot B, a distance of 786.30 feet to the Point of Beginning; Thence continue
along said line a distance of 94.00 feet, thence run N.00° 54'29" W a distance of 112.00 feet,
thence run S. 89° 38'33" E., a distance of 94.00 feet, thence run S. 00° 54"29" E a distance of
112.00 feet to the Point of Beginning.
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the
date of use. All other uses are prohibited Reprinted under license from the American Land Title
Association
5 of 5
ALTA Commitment(6/17/06)(with FL Modifications)
RADIUS MAP
FILLICHIO,ANTHONY
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25 CAPE CANAVIop
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•-..v. Buffer
N 1:4,800 or 1 inch =400 feet
Subject Property
Buffer Distance: 500 feet
W ,•,putt E I Notify Property
171, This map was compiled from recorded documents and does not reflect an I I Parcels
actual survey.The Brevard County Board of County Commissioners does
S not assume responsibility for errors or omissions hereon.
Produced by the Brevard County Planning and Zoning Office-GIS Section Date:7/8/2013
• Page 1 of 1
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NATURE OF SPECIAL EXCEPTION
Currently said property is zoned commercial which dates back from early zoning at least twenty years
ago. Currently it is surrounded by residential properties. I am requesting a special exception for
residential use of the property to construct of 2-unit townhomes on 4 lots, for a total of 8 units. This
request is congruent with its surroundings.
IMPACT OF SURROUNDING PROPERTIES
1. Being that the surrounding properties are of multi-family residential nature,this
request is compatible and harmonious with adjacent properties.
2. The request is in keeping with the medium density codes and requirements therefore,
the scale and intensity will not be a factor to the surrounding properties.
3. Currently the property is sitting on an unimproved road with a cul-de-sac. The road
can handle the volume and type of traffic that the townhomes will generate.
4. This special exception should not create any adverse impact to surrounding properties
being there are currently only four houses on the road. Any noise, light, odor,
vibration, traffic and storm water runoff will be nothing out of the ordinary of any
residential development, and will subject to any and all restrictions and codes
required.
5. There will be adequate screening and buffers and landscaping required by any codes
and/or to mitigate any adverse impacts.
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet—Cont'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? Kc-5
7. Are signs and exterior lighting designed and located so as to promote traffic safety
and to minimize any undue glare or incompatibility with adjoining properties? 1v/
8. What are the hours of operation and how will they impact surrounding properties? WA
Traffic and Parking
9. Is there adequate off-street parking? 1.1S
10. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? i/F5
4
11. What type and how much traffic will the SE generate?.l c fro leta I 5/44-16'�
12. Are there adequate loading and unloading areas?
✓ai G.
Public Services
13. Are there adequate utilities available including location and capacity? r5.
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services?
15. Will the proposed Special Exception have an 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?
16. Is there adequate refuse facility for the use and is the dumpster properly located
and screened? vrs
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.
PD-Special Exception Application- 101411 Page 6
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet— Cont'd
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources?
19. Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values?
20. Will the proposed special exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality?
PD-Special Exception Application- 101411 Page 7
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A51 43` OAK LANE .,:31_ _ _ EL _ _ _ _ 5 _ GRAVEL PUBLIC R/II VAR/ES _ _ _. _ _ _ Ey _ _ _ _
S 89'38"33"E S 89'38'33"£69,8) S 89'38'33" E
j REC X"PARK 80.00 RLL. 3/080/.R. 116.20 80.00 REC 5/6-I R
}I{ S 89'38'33" E PROP PROP °� PROP PROP. PROP PROP.
c 94.00 REC 5/8"IR ; (•116' RIFE
a 116' x•116' y� ]+ 6' SM I.4
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PROP PROP -1 I� ---I r rrr--��� r
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�� c �p �h 39.336700' �� Esq 5933'6700' o :°(\.?�h 5933',6700' c CVh
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REC 5/8"LR 94.00 REL 5/8"I.R. 80.00 I REC 5/8-I.R. 20 RL5/8"LR80.00 RLC' 3/8"LR N 8938 3W N 89833'" W \ 116.
893833" N N 89-.38'33" W N 89'3833" M
LOT 15 I LOT 14 Lor 13 LOT 12 LOT!! LOT!0 LOT 9 LAT B LOT 7 \ LOT 6
`----____________ OCEAN GARDENS WAVE TWO I j OCEAN GARDENS WAVE ONE
(P.B. 40. Pace ISJ (P8 38, PACE 72)
PLAT OF LAND SURVEY FOR and/or CERTIFIED TO: John Dismore
DESCRIPTIONS AS FOLLOWS:
(PARCEL A.15) COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBOMSION, RECORDED IN PLAT BOOK 7.
PAGE 22, OF THE PUBLIC RECORDS Of BREVARD COUNTY, FLORIDA, THENCE RUN S 00'54'29"E. ALONG THE EAST LINE OF SAID LOT B, A
DISTANCE OF 66.00 FT, THENCE RUN N 89.38'33"W AND PARALLEL TO THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 570.10 FEET TO THE
POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 80.00 FT, THENCE RUN N 00'54'29"W. A DISTANCE OF 128.50 FT,
THENCE RUN S 89.38'33"E, A DISTANCE OF 80.00 FT, THENCE RUN 5 00'5429"E. A DISTANCE OF 128.50 FT TO THE POINT Of BEGINNING. WALKER LAND SURVEYING, INC.
N zK aK.s+us IQs K.c..cunt',+w,,KS S4K,KCIS rK.1KKr,SC.KC.S
rrrwn tt1 rar.s.4.c none wKo v svtron w..r9pts 55 c,wrte
(PARCEL A.26) COMMENCE AT THE NORTHEAST CORNER OF LOT D. ACCORDING TO THE PLAT OF TUTENS SUBDMS/ON, RECORDED IN PLAT BOOK 1, j on NC 8 a.a 7 0.\ Y 3,17 4.01155•p.10FR•CK CRC NORIO 1O 0•41CR•75-007,rCp1155 spawns
PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN S 00'54'29"E. ALONG THE EAST LINE OF SAID LOT B, A a W r 90115 SIPCO NO w0ostt0,n+.ww II7$tta,,as sows.n'Cl vrto
DISTANCE OF 66.00 FT, THENCE RUN N 89%38'33"W AND PARALLEL TO THE NORTH LINE OF SAID LOT B, A DISTANCE OF 590.10 FEET TO THE S ocrw.v cA.9oa+ u [;: s I+ov 5075. KSVIC7134 rw IlItSCK 4.'°4..4.'0.,UNISCI MIS ro rK s01.t7v ,K4.
OCGN }n L11 K 0748 AS,KIC ACO Or cKMx!S rwf✓rttr MSS O 700 4
POINT Of BEGINNING. THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 116.20 FT, THENCE RUN N 00'54'29"W A D/STANCE OF 128.50 FT,
,Am. os ,_ • a 4asv0.0,...0vta.,s ravr ttss LOWED s.css ol'sn%saw
a S MIs SlPvfr,3 Ntt•KD rpt IK 50.5 KKr1+v 14KC a.+VKs 10 w YYLS 50,1 K
THENCE RUN S 89'38'33"E, A DISTANCE OF 116.20 FT, THENCE RUN S 00'54'29"E. A DISTANCE OF 128.50 FT TO THE POINT OF BEGINNING. Q1iroAn•L'� Y'7o Z E x;rco va n rK.vrK.5111*•
S ♦ C1 S S SKI.rpt IK t.C4`IC4 Or rw�vIK9,S KKR 180 5.a+IC 5555.0+0
MO OCCpa1nK7 RMp•n SIKS
(PARCEL A.27) COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED IN PLAT BOOK 1, A-1-.. L a )= 7 Camas.5 S....4C 555(0 P"5110.0.550018 4.0'50'55+,..0,I 94..84.11'
0,EST) wo cpm'.an¢ 04.404.5!,on.
:.GAGE 2&,Of TIIC.XL✓BLLC•RECORDS OE.QBE £LOB!DA.TME-AICE.r$1.41,S40.54.29:,£. 014•lt4E.£ASZ.UNE Ofr SAIDJ,Q _4 .:.--,....,-.<,..... -:_ ., nr......� ,,.:r:�v,xsei.uBto-ALE„SQUV/R/WI LINE,01.QAIK LAR6 :-_ ..
,.p. DISTANCE OF 66.00 PT, THENCE RUN N 89'38'33"W AND PARALLEL TO THE NORTH LINE OF SAID LOT B. A DISTANCE OF 706.30 FEET TO THE t 50C lVer'5.ss, s•u K•.,w KIK S 89'3839 E
LEbEND J1-'x-10'r'S
POINT OF BEGINNING THENCE CONTINUE ALONG SAID UNE A DISTANCE OF 80.00 FT, THENCE RUN N 00'54'79"!V, A DISTANCE OF 128.50 FT, v+• "" ; »t-par-,•u nu 9 0585 44 0151wR5 OK w•1 wS 5055450 20055 01 05!07 SIC,•.
%50� v v. SVKK.IS Sqv...1 5511[a PK 57455.9 VS S4vt,r0.,.
THENCE RUN 5 89'3833"E, A DISTANCE OF 8000 FT, THENCE RUN 500.5429 E A DISTANCE OF !28.50 FT TO THE POINT OF BEGINNING 11 ••.n AK 18 1110 I s w StLnKra,o+Ks SRA,Is'•4..!4.80„4..a,mach rsot slaw(u►.5.v
K,`u"11.'cIK.,'."'Ki 85550 SC NA 1- r •30•--r
_ lc •KrLvr , 5151781 55- *,,"3,1?--' 01[50 5515 OR6[.b.
(PARCEL A.10) COMMENCE AT THE NORTHEAST CORNER OF LOT B, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED IN PLAT BOOK !, +" o Ku.wc
OC OOK.Q.M •5754.RLS b S1♦t
PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. THENCE RUN 500'5129"E ALONG THE EAST LINE OF SAID LOT B, A 440 pm i.c •10.1<s a7cru BOUNDARY 6-20-13 49521
DISTANCE OF 66.00 F7 THENCE RUN N 89'3833 WAND PARALLEL TO THE NORTH LINE OF SAID LOT B. A DISTANCE OF 78630 FEET TO THE m'••T^ iv. 4.a,i+,X7 PLOT PIAN 9-11-13
POINT OF BEGINNING. THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 94.00 FT. THENCE RUN N 00'5429"W. A DISTANCE OF 172.00 FT, ..".55.05"+ . ""'45 ,.es.ul:ulK.+varr•,.D06S NOT C 511.4..,K 05'•54.15500
"r
]v4 4:K,n• KOKKK lOd • w.n 0.44 49 S4.• 17.KS K S:K' X
THENCE RUN S B9"3833"E, A DISTANCE Of oe t,'7. .r ::n,,7r ?✓,,• ` n,'Se l9-.I-. A DISTANCE 0,- 1'2 00 r- T_^ TAF nnn:7 Or BESm,NPVC n �sm�.P ..c .o.K 01.,..8' srwC1``_° 7 _ ___ e �e_ C..'I n.
+P �yy�,. IL009c'C.,I3E 4-3-89 , YAD
S K M►K Nl1,iS•55.uiwr tv � ��-.-�-
c
INFORMATION INQUIRY FORM
Date of Request:e J �h �[ 0 r$ vI3
Requester. ve- ,'` Lt ✓tom!L , (014 n. i- 'l4?"-
Phone: / 4173 - 32_4 3
Phone:
E-mail:
Fax:
Subject Property: t
7 U ',--e--
Information Requested and Response:
•
-Da LL,• n, r
1) 1 a et----rwiuF--
C e. 3 a- t a o
3.2 J 13T L/7 ‘-;
43 - at"e e coif
`-----Dt✓' s in_ (066 e_ AdL , (pm
Barry Brown
From: Barry Brown
Sent Tuesday,October 08, 2013 10:16 AM
To: 'Ronald FRIEDMAN'
Subject: RE: P/Z meeting
Ron,
Point well taken. The City has not budgeted monies to improve Oak Lane and does not currently have plans to do
so. However, there is a 3 acre parcel at the west end of Oak Lane that will likely develop as a multifamily
property. When that property develops, we will require participation by developer/owner in cost of roadway
improvements.
Barry
From: Ronald FRIEDMAN [mailto:rfriedman999()bellsouth.net]
Sent: Monday, October 07, 2013 3:22 PM
To: Barry Brown
Cc: Susan Chapman
Subject: P/Z meeting
Barry,
I'm not able to attend Wed.'s P/Z meeting,but offer the following comment on the Oak Lane Special Exception
request.
My only concern is that there will be 8 new owners on an unimproved road. Based on my 36+ cumalative
experience as a Town Engineer, I would expect sometime in the future that those owners will press the City to
pave Oak Lane. I have seen this numerous times where houses are built on sub-standard roads and then they
argue that they pay the same taxes as everyone else and the municipality should upgrade to road.
I therefore suggest that a recommendation for approval of the special exception be conditioned on the developer
upgrading Oak Lane
Ron Friedman
1
',ter
Susan Chapman
From: Ronald FRIEDMAN <rfriedman999@bellsouth.net>
Sent: Monday, October 07, 2013 3:22 PM
To: Barry Brown
Cc: Susan Chapman
Subject: P/Z meeting
Barry,
I'm not able to attend Wed.'s P/Z meeting,but offer the following comment on the Oak Lane Special Exception
request.
My only concern is that there will be 8 new owners on an unimproved road. Based on my 36+ cumalative
experience as a Town Engineer, I would expect sometime in the future that those owners will press the City to
pave Oak Lane. I have seen this numerous times where houses are built on sub-standard roads and then they
argue that they pay the same taxes as everyone else and the municipality should upgrade to road.
I therefore suggest that a recommendation for approval of the special exception be conditioned on the developer
upgrading Oak Lane
Ron Friedman
1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
AUG 1 5 2013,
Please complete the following in the space provided:
A. GENERAL Vigkvt.
1. Applicant Name: ( At L f* ( L_eSC.3 -r
2. Home Address: 3 S ( t—C g 1-60 6 .
3. Home and Cellular Telephone: — Ce, 35/
4. Occupation: Pt Lb I
5. Business Telephone: q0-7 - 6z> - 26-i q
6. Business Address: ��C() //
7. E-Mail: / i 7 3J 7 �L> c (• m c6
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: (Y) (N)
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N)
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
5b. If yes to 5a, please list each:
Page 1. of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) - (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N)
7b. If yes to 7a, please provide name(s)of person(s)and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
cJovc I) C //' To >-y, /AI —i4rA/ 02 merP o fE 7%/
ss?vPct_k ( or c tZ eoMm parte(
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. a Business and Economic Development Board*
1 c. ? Code Enforcement Board*
d. Community Appearance Board*
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. ( Planning and Zoning Board*
i. Other:
*Members of these boards are required to complete and tile with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
K(( e
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualifyou for membership on the desired board or committee.
t tJ,&rL 0 ,E")v(f9Ti o67f,9 _Pi4CriCi L
&)09(Erf/&v T/Rv r#,,E 1`21417-f1"/ 4)09 le xfr1 c —Cat t m
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian-American Female
Hispanic-American Not Known
Native-American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at(321) 868-1220 ext. 221.
Signature: Date: /is/i3
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
APPf ted by:
o ?,
Board Appointed to:
Term Expires:
Page 3 of 3
0
CITY OF CAPE CANAVERAL `i .1; I
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD SJR CitirikVatEe012 i
Pursuant to Section 2-171, Cape Canaveral Code' :l' + i
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted-ofsa--
felony, unless their civil rights have been restored. j�'l� i,= :;,
,�
Please complete the following in the space provided:
NOV 292012
A. GENERAL !II U,
1. Applicant Name: ( 1L L A. 3E A L ^�
2. Home Address: 233 CCLE 179_\V C,
3. Home and Cellular Telephone: 321 - 613- 3 1 5 L or.(y)
4. Occupation: Er1✓rrcn, ie,J(. ( 5pec i a(;s- - are✓cud Ccu i ry U r+�iT�/ VrCES
5. Business Telephone:
6. Business Address: V% trek C o ver o rvt a 144 Cep-k,-, Ve/d, ii
7. E-Mail: J<<<S'ec�le. S eled,oc.corvl
B. ELIGIBILITY fJ
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) X (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) X (N)
3a. Are you a Business owner: (Y) (N) X
3b. If yes to 3a, please list the name: ►�+�
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) X
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
5b. If yes to 5a, please list each: NA
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being Ad -
appointed to a board or committee. Do you voluntarily ini '=Is
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) X
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: NA
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
le1 I I I
r -Ole opit tvn,t-J ..65;54- Pi,/ C.kY by pit.✓ Ain ��h �t. yklant_ and t11ak
tirl c; varre13/ e is;ves !1ercl re$c c:r1G+ Ceis1N1✓/J;
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board
c. cc, Code Enforcement Board*
d. 5 Community Appearance Board*
e. `-1 Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. 3 Library Board
h. Z Planning and Zoning Board*
i. Other:
*Member of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly stateLany prior experiences in serving
on any governmental board or committee:(� f, `
bei e /IGT ,served ved trl bei,-.ri5 in 44 pe.5t. iie,Je✓e(1I Ile i e,igx'�',€: e+ cceutJC e6. a,tGI p ii+X h�1y
I `ac\ -ki 4 tt e prk t-s s. l
!/) iUhl�C Mee -;rut s Gs ct cc„Q;nlvtCr,t��'litl?Ir% Ft (lac\ (/1 lt'j i N1
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership'• / on the desired board or committee. `MIr�YI fiver IC yea; i piir',eoL c In SiAA lv:—.1 / }1ec.#. 5 a Cco4Pr'anceler . ,:7t'C;c4 s . pi✓] X71,vc,4 irkL✓S
fry
CG,x +rUst[e otAitkytiIGt7 exp.,j Girl lc.n.r-4;�Ie(a,tdeoticyl ev,;;Ivt, im ccA
Please Sec' n49 c�+11SLe.I re5L:,�1e. 1 J
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian-American X Female
Hispanic-American Not Known
Native-American
X Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have an • esticns regarding the completion of this application, please contact
the City Clerk's - (321 '868-1220 ext. 221.
Signature:
f - /L�� Date: 1//2 7 / Z
9
Please return td: City o 0-pe Canaveral
l Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: // 'i 7/
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
JILL A. SEALE
233 Circle Drive, #7 0 Cape Canaveral, FL 32920 0 (321) 613-3150
jillseale08@yahoo.corn
Brevard County Utility Services January 2012 - Present
Environmental Specialist
Oversee State and Federal compliance for two drinking water facilities and six wastewater
treatment facilities. Responsible for Permit renewals and compliance, waste management
program, stormwater management issues, petroleum storage tank compliance, and a variety of
other environmental compliance issues. Work with private contractors on capital improvement
projects, attend public meetings with management, address public concerns regarding water
quality.
FoodMatch, Inc., New York, NY Sept 2008 — Oct 2011
Compliance Manager
Responsible for all importing compliance for a specialty food importing company, to include all
FDA, US Customs and USDA filings, registrations, tariffs, and security filings. Also responsible for
assuring all suppliers, both foreign and domestic, meet applicable compliance standards as
required by US regulatory agencies and customers.
State of Florida, Department of Environmental Protection Aug 2001 —Aug 15, 2008
Temple Terrace, FL
• Waste Cleanup Section, Nov 2007 — Aug 2008 Environmental Specialist III
Project manager of contaminated industrial sites
• Env. Resources Section, Dec 2006 — Nov 2007 Environmental Specialist ll
Permit/Enforcement, specialized in sovereign submerged lands issues & commercial marinas
• Hazardous Waste Section, July 2002 — Dec 2006 Environmental Specialist I and ll
Compliance, Enforcement, Industrial Facility Inspections, Criminal Investigations and
Emergency Response
• Petroleum Storage Tanks Section, Aug 2001 —July 2002 Env. Specialist I
Enforcement
University of South Florida, College of Medicine, Physiology Department, Tampa, FL
Biological Scientist I June 1999 to May 2001
• Lab Technician in Respiratory Physiology research lab
Micro Air, Inc., Indianapolis, IN May 1997 to May 1999
Laboratory Technician
• Bulk Asbestos Analyst by polarized light microscopy (PLM) and radon technician
EDUCATION:
Ball State University, Muncie, IN
B.S., Biology Major, Chemistry Minor
1997
City of Cape Canaveral, Florida
Planning and Zoning Board
October 9, 2013
STAFF REPORT
Request: For a Special Exception to allow for the construction of townhouses in the C-1
Commercial Zoning District per Section 110-334(c)(10).
Applicant and Owner of property: Sheropa LLC; Patrick Lee, President
Subject properties: Four vacant lots on the south side of Oak Lane addressed as 127,
131, 135 and 139. Oak Lane is on the west side of North Atlantic, north of Central Blvd.
and between the Circle K and La Cantina Bar & Grill.
Future Land Use and Zoning designation: C-1, Low Density Commercial
Surrounding zoning:
North —C-1, Commercial
East — C-1, Commercial
South — C-1, Commercial
West — C-1 , Commercial
Surrounding uses:
North — Residential
East — Residential and Circle K
South — Residential — Ocean Gardens
West — Vacant property
Summary
The applicant has purchased four (4) lots on Oak Lane and desires to construct two-unit
townhomes on each lot (see elevations and floor plan in packet). The properties are
zoned C-1 Commercial. According to the Code, residential is allowed in this portion of
the C-1 Zoning District pursuant to a Special Exception. The code citation for this
request is:
Section 110-334(c)(10).
(c) Special exceptions may be permitted for the following:
(10) Single-family dwellings, two-family dwellings, townhouses or multiple-family dwellings;
provided, however, there shall not be more than 15 dwelling units per net residential acre
and such dwellings shall not be permitted on property along the A1A Highway Corridor as
depicted in exhibit "A," attached hereto and fully incorporated herein by this reference. See
requirements in the R-2 district in division 3 of this article. These requirements apply to
residential construction in the C-1 district.
1
Special Exception Worksheet and Staff Analysis
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
Land Use and Zoning
Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, C-1 Commercial land use classification allows for all C-1 Commercial Zoning District uses
and residential use is allowed in this portion of the C-1 Zoning District pursuant to a Special
Exception.
Is the requested SE consistent with the intent of the zoning district in which it is sought?
Yes, given that the surrounding area has developed in residential uses.
0
Will the SE meet all the requirements of the zoning district in which the request is to be
located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-
street parking, signs, storage, landscaping, etc.? Yes.
Impact to surrounding properties
Is the proposed special exception compatible and harmonious with properties and uses
in the surrounding area? Explain why. Yes, surrounding area is developed in residential
uses.
Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes.
Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity? No.
Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, stormwater
runoff, or other offsite impacts that would not have been created had the property been
developed as a principle use? No.
Will there be adequate screening, buffers, landscaping, open space, off-street parking,
other similar site improvements to mitigate any adverse impacts of the SE? N/A.
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.
Are signs and exterior lighting designed and located so as to promote traffic safety and
to minimize any undue glare or incompatibility with adjoining properties? N/A.
What are the hours of operation and how will they impact surrounding properties? N/A.
2
Traffic and Parking
Is there adequate off-street parking? Yes.
Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes. Oak Lane in not paved and the City has no plans to do so.
What type and how much traffic will the SE generate? Nominal residential traffic.
Are there adequate loading and unloading areas? N/A.
Public Services
Are adequate utilities available? Location and capacity. Yes.
Will the proposed special exception create any unusual demand for police, fire, or
emergency services? No.
Will the proposed Special Exception have an 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.
Is there adequate refuse facility for the use and is the dumpster properly located and
screened? N/A.
Miscellaneous Impacts
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.
Will the proposed SE have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic resources.
No.
Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No.
Will the proposed special exception will have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality. No.
Staff Recommendation to the Planning and Zoning Board
Staff recommends approval of the requested Special Exception.
3
I received an out of office notification so was hoping that you could forward my email to someone that could
help. Thanks.
From: dlrenberg@hotmail.com
To: b.brown@cityofcapecanaveral.org
Subject:
Date: Thu, 3 Oct 2013 16:35:01 -0400
Good afternoon Mr. Brown:
I live in the Ocean Garden's subdivision and received notice of a proposed zoning change near me. I have
been told by a neighbor that this will impact the currently undeveloped land directly to the north of my
property. If that is the case, I am interested in what is being proposed.
Unfortunately I cannot find the notice anymore to know when this was going to be heard by the P&Z Board. I
looked on your website, but October's agenda isn't available yet. Can you advise when this will be presented
and what is being proposed?
Thank you in advance for your assistance.
Donna L. Renberg
138 Ocean Garden Lane copy
Cape Canaveral, FL 32920
2
Susan Chapman
From: Susan Chapman
Sent: Thursday, October 03, 2013 5:07 PM
To: 'Donna L. Renberg'
Cc: Barry Brown
Subject: Planning &Zoning Board Meeting Packet for Wednesday, October 9, 2013
Attachments: P &Z packet - October 9, 2013.pdf
Good Afternoon Ms. Renberg,
I am sorry you could not locate the Planning&Zoning Board Meeting Packet from our City website. I have attached it to
this email for your convenience. After reviewing the packet, if you have any further questions, please call me at 868-
1205 ext. 15, I will be in the office tomorrow from 8:30-5:00,with the exception of my lunch hour. I will be happy to
assist you and explain what is being proposed as well as the specific location. I Hope the attached information is
helpful. Have a nice evening and I look forward to speaking with you to answer any questions or concerns you may
have.
Sincerely,
Susan
HIIE
. •
Art
SltSCML. Chapwtiaw
Administrative Assistant/Board Secretary
Community and Economic Development
7510 N.Atlantic Avenue * P.O. Box 326
Cape Canaveral, FL 32920-0326
Email: S.chapman@citvofcapecanaveral.org
Phone: (321)868-1205 * Fax: (321)868-1247
www.cityofcapecanaveral.org
CELEBRATING 50 YEARS OF SUN, SPACE& SEA (1963-2013)
Before you print this email or attachments,please consider the environment.
From: Donna L. Renberg [mailto:dlrenberg(ahotmail.com1
Sent: Thursday, October 03, 2013 4:41 PM
To: Susan Chapman
Subject: FW:
1
Barry Brown
From: Susan Chapman
Sent: Tuesday, June 04, 2013 1:41 PM
To: Barry Brown
Cc: Todd Morley
Subject: RE: Special Exception for residential development on Oak Lane
Barry,
There are several documents pertaining to this property in Laserfiche. I don't know if there are any documents off-site,
since this project was never constructed.
Go into Laserfiche from Building Department Addresses, scroll down to "0" then select Oak La, scroll down to the
Special Exception folder (41 pages); and Stewart Oaks folder(68 pages).
I hope this information assists you with the meeting today @ 3 pm with Ron Abeles.
Susan
rr.01••
Su.Savt L. Chapvu,aw
Administrative Assistant/Board Secretary
Community and Economic Development
7510 N. Atlantic Avenue * P.O. Box 326
Cape Canaveral, FL 32920-0326
Email: S.Chapman@cityofcapecanaveral.org
Phone: (321)868-1205 * Fax: (321)868-1247
www.cityofcapecanaveral.org
CELEBRATING 50 YEARS OF SUN,SPACE& SEA (1963-2013)
04 Before you print this email or attachments,please consider the environment.
From: Barry Brown
Sent: Tuesday, June 04, 2013 9:56 AM
To: Susan Chapman
Cc: Todd Morley
Subject: Special Exception for residential development on Oak Lane
Susan,
1
Planning &Zoni Board
Meeting Minutes
December 14,2005
Page 2
Todd Peetz, City Planner, gave an overview of the special exception request. He
advised that the proposed project is located on the south side of Oak Lane, behind the
Circle K;the property has an existing special exception for a single family residence and
the applicant was proposing a new special exception for ten residential units; the
property abuts the Ocean Gardens subdivision to the north, commercial to the east,
vacant commercial to the north and west. Mr. Peetz verified that he prepared the check
list and it was correct. The Board members reviewed the submittal packet. Discussion
followed regarding: access,zoning,density,zoning uses,and affordable housing.
Craig Stewart, Petitioner, testified that his family plans changed since the previous
special exception was granted; he also owns property on Ocean Garden Lane; he plans
to construct lower than the maximum density allowed by the city code; the townhouse
units and lots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he
confirmed the road is only semi-paved and he has a signed statement from the Mayor
that the road will be paved in 2006; he verified that the city owns the road; he was
proposing to build ten townhouse units; each property will sell for approximately
$400,000. Brief discussion followed. The Board members verified that this property is
not affected by the existing moratorium. Todd Peetz, City Planner, depicted properties
that currently have residential uses around this property, and advised that Mr. Stewart
was proposing less than ten units per acre, which is consistent with the average
throughout the city.
Motion by Donald Dunn,seconded by Harry Pearson,to recommend approval of Special
Exception Request No. 05-14 to the Board of Adjustment. Vote on the motion carried
unanimously.
4. Recommendation to the City Council: Site Plan for Canaveral Bulk Terminal -
Randy May,Applicant.
Todd Peetz, City Planner,advised that at the Board's request,the site plan was updated.
He advised that the Fire department reviewed the site plan and did not have any
comments; and the Unity of Title Agreement was submitted by the applicant and
forwarded to the City Attorney. He gave an overview of the submitted landscape plan.
The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a
site plan was required. Todd Peetz, City Planner, responded that a site plan is required
for structures over 850 square feet. He explained that the conveyor system will be
significantly impacting the property and existing aggregate piles. Randy May, applicant,
advised that the aggregate piles consisted of pumice,granite,and lime rock.
Mr. Campbell, citizen, voiced his concern that the granted special exceptions were
granting more than just storage of aggregate. He stated that the intent of the special
exception was storage of aggregate as a subordinate use of the property, but the
storage has instead become the principal use of the property. He read an excerpt from
a Canaveral Port Authority magazine regarding the project. He voiced his opinion that
this business operation was actually a bulk terminal. Mr. Campbell discussed the
special exceptions that were granted to this property in 2002.
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City of Cape Canaveral
Board of Adjustment
Meeting Minutes
January 23, 2006
A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 26,
2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance
McKone, Chairperson, called the meeting to order at 7:30 P.M. The Board Secretary
called the roll.
MEMBERS PRESENT:
Constance McKone Chairperson
Paula Collins Vice Chairperson
Robert Laws
Earl McMillin
Catherine Barnes
OTHERS PRESENT:
Susan Chapman Board Secretary
Todd Peetz City Planner
Kate Latorre Assistant City Attorney
Robert Hoog Mayor Pro Tern
Leo Nicholas Council Member
Bea McNeely Ex-Officio Member
Connie McKone, Chairperson, welcomed Catherine Barnes as a new Board member;
and welcomed Earl McMillin back to the Board.
All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney.
Connie McKone, Chairperson, asked the Assistant City Attorney if the Chairperson was
allowed to make motion. Kate Latorre, Assistant City Attorney, replied that the
Chairperson can make motions.
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of November 14, 2005.
Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of
November 14, 2005. Vote on the motion carried unanimously.
2. Special Exception Request No. 05-14 to Allow Residential Use in the
Commercial Zoning District, Section 14, Township 24 South, Range 37 East, Part
of Lots A & B, also known as 24-37-14-28-00000.0000A.10, A.25, A.26, and A.27
- Teutons Subdivision - (Oak Lane) - Craig and Mary Stewart, Petitioners.
Craig Stewart, Petitioner, testified that he was requesting a special exception to build
residential in the commercial zoning district; the property is basically surrounded by
residential; he wanted to build duplexes similar to the Ocean Gardens Subdivision; he
was requesting less density than what is required by code; he would save as many
existing trees as possible; and explained changes in his family plans to develop the
property since the previous special exception was granted to construct only one unit.
Board of Adjustment
Meeting Minutes
January 23, 2006
Page 2
Chairperson McKone questioned if the road was built to City standards. Todd Peetz,
City Planner, explained that the road would need to be brought up to City standards. He
noted that the Public Works Director had no comments or concerns regarding the road.
He advised that the road will be reviewed during the site plan review. Craig Stewart
advised that public works has installed substandard type material already. He further
advised that there is existing sewer, electrical, and cable; and the water lines should be
installed before the road is paved. He advised that he intended to build only 10 units,
and planned to sell the lots and let someone else build. Earl McMillan advised legal
counsel that that Board can not limit the number of units than what the code allows.
Kate Latorre, Assistant City Attorney, responded that the Board would be remiss to allow
fewer units than what the code requires. However, the Board may impose reasonable
conditions. Earl McMillin rebutted that according to the City Attorney, limiting the
number of units is not reasonable. Todd Peetz, City Planner, advised that there are
special exceptions that have been granted for a limited number of units. Craig Stewart,
Petitioner, reiterated that he was only asking for 10 residential units to be approved.
Kate Latorre read a portion of the City Attorney's letter, dated April, 2004, regarding
establishing reasonable conditions of approval. She noted that if limiting the number of
units will reduce a substantial impact, then the Board could grant a request limiting the
number of units.
Ray Osborne, citizen, questioned if the Board could grant approval for a single family
residence in the commercial zone. Earl McMillin responded yes, the Board could and
they have in the past. Ray Osborne advised that he was opposed to this special
exception because this development was not good for the area. Craig Stewart rebutted
that the proposed project will be similar to Ocean Gardens and Lindsey Court, which are
beautiful. He stated that he does not want to build 15 units, which is allowed by code, he
was only asking approval for 10 units. Ray Osborne read a letter into the record. He
voiced his opinion that this request did not comply with Comprehensive Plan Section H-
9.3, and LU-5. He commented that the project is not in the best interest of the City and
would not be affordable. Earl McMillin read a portion of a letter from the City Planner
stating that the City should promote single family. Todd Peetz responded that the City
has zoning available for single family. He noted that there was a City workshop meeting
scheduled for January 31, 2006 regarding residential use in the commercial zone, and
invited all Board members and the audience to attend. Robert Laws stated for the
record that he loves Cape Canaveral. Bea McNeely, ex-officio member, pointed out that
this request is to change the use of the land; the zoning will stay the same. Discussion
followed.
Motion by Robert Laws, seconded by Catherine Barnes, to grant Special Exception
Request No. 05-14. Discussion followed. Chairperson McKone advised that the Board
acts and adheres to the codes that are given to the Board. The Board applies the rules
that are allowed by the Code. Voicing personal opinions is not their job. Ray Osborne
commented that there are community values that the Board can act on. Earl McMillin
advised that he had attended the December Planning & Zoning Board meeting, where
he learned that the City has 8.8 acres of commercial per thousand people; it should have
12.5 acres of commercial. Todd Peetz responded that the information was based on
1999 statistics, and the city has added commercial acreage since then.
Board of Adjustment
Meeting Minutes
January 23, 2006
Page 3
Catherine Barnes moved to amend the main motion to limit the Special Exception to
10 units, as requested by the petitioner. The amendment was seconded by Earl
McMillin. Discussion followed. Vote on the amendment carried by majority vote with
members voting as follows: Catherine Barnes, for; Paul Collins, for; Robert Laws, for;
Connie McKone, for; Earl McMillin, against. Vote on the main motion carried by majority
vote with members voting as follows: Catherine Barnes, for; Paula Collins, for; Robert
Laws, for; Connie McKone, against; Earl McMillin, against.
3. Election of Chairperson and Vice Chairperson.
Robert Laws nominated Earl McMillin as Chairperson. Earl McMillin nominated Connie
MciC ne as Chairperson. Connie McKone seconded the nomination for Earl McMillin as
Chairperson. Robert Laws moved to close nominations. Earl McMillin nominated
Connie McKone as Vice Chairperson. Robert Laws moved to close nominations.
Earl McMillin was elected as Chairperson, and Connie McKone was elected as Vice
Chairperson.
OPEN DISCUSSION
Ray Osborne asked the Assistant City Attorney what the procedures were for filing an
appeal to the appellate court. Kate Latorre directed him to City Ordinance No. 11-2005,
amending Chapter 110. She advised that appeal procedures were provided in Section
110-33.
There being no further business the meeting was adjourned at 8:35 p.m.
Approved this I3ib day of r , 2006.
Connie McKone, Chairperson
usan . apman, Board Secretary
Planning&Zoning Board
Meeting Minutes
March 26, 2003
Page 3
2. Review and Recommendation Re: Special Exception Request No. 03-01 to Allow
Residential Use in the C-1 Zoning District, Section 14,Township 24 South,
Range 37 East, Parcel A.1,Tutons Subdivision, (131 Oak Lane) - Suzanne
Jamieson Life Estate, Owner; Donald Haynes, Designated Agent.
Todd Peetz, City Planner advised that the property consisted of 3 +/- acres; zoning
allowed for 45 townhouse units and only 21 townhouse units were proposed; the
properties to the north, south and east were zoned C-1 and M-1 to the west; the property
was located approximately 775 ft. west of N. Atlantic Avenue, between Circle K and
Harbor Heights; he verified that the traffic impact for this project would allow N. Atlantic
Avenue's Level-of-Service-Standard to remain at a level D by comparing this project
with another proposed project on N. Atlantic Avenue traffic study; staff had reviewed
the request and had no concerns other than the Fire dept. commenting that the turning
radius needed to be a minimum of 50 ft., which would be reviewed during the site plan
review process.
("'\ Donald Haynes, Designated Agent, testified that he was requesting a special exception to
construct a secured, gated, residential, townhouse community in the C-1 zoning district,
with a total of 20 or 21 townhouse units, depending on the results of the 55 ft. turning
radius required by the fire department; the properties to the east and north were
constructed as residential; individual trash can service would be provided, not dumpster
service; a thick buffering would be installed along Canaveral Creek future bike trail.
This would be an upscale community similar to Ocean Gardens. He pointed-out other
projects he had constructed throughout the city, over the past 20 years. Assistant City
Attorney Buak verified that he was satisfied with the affidavit giving Mr. Haynes
authority to act as the owners designated agent. The Board members reviewed the
criteria worksheet,reviewed the sketch of a proposed site plan, and sample schematic of
the proposed architecture . Brief discussion followed. Mr. Haynes explained that he
planned to have the units staggered in a Key West style with tin roofs, although he would
entertain building custom homes. Chairperson McNeely voiced her opinion that a
condition of approval should be that no more than 21 townhomes be constructed.
Various residents of the Ocean Gardens subdivision spoke in favor of this project.
Chairperson McNeely voiced her concern regarding congestion on N. Atlantic Avenue
and noted that Oak Lane is a city street. She asked Mr. Haynes if he would could
upgrade the road to make it easier for pedestrians. Mr. Haynes responded that Oak Lane
was a City road and the city should come to him to ask for help to upgrade their road.
e"` Motion by Mr. Fredrickson, seconded by Mr.Jenkins to recommend approval of Special
Exception Request No. 03-01 with the condition that the special exception be limited to
21 townhouse units. Vote on the motion,as amended carried unanimously.
PLANNING & ZONING BOARD
MEETING MINUTES
DECEMBER 14, 2005
A Regular Meeting of the Planning & Zoning Board was held on December 14, 2005, at
the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson
Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson 1st Alternate
OTHERS PRESENT
Susan Chapman Board Secretary
Todd Peetz City Planner
Kate Latorre Assistant City Attorney
Robert Hoog Mayor Pro Tem
Jim Morgan Council Member
Leo Nicholas Council Member
Todd Morley Building Official
Jeff Ratliff Public Works Representative
NEW BUSINESS:
1. Approval of Meeting Minutes: November 30, 2005.
Motion by Lamar Russell, seconded by Bea McNeely to approve the meeting minutes of
November 30, 2005, as corrected. Vote on the motion carried unanimously.
2. Recommendation to the City Council: Utility Easement Agreement - Villa
Campania - Jeff Ratliff, Public Works Representative.
Jeff Ratliff, Public Works representative, gave an overview of the 25 ft. utility easement
for a City sewer line, which would connect to the existing easement on Holman Road.
Ray Osborne, citizen, questioned if the development was already approved. Todd
Peetz, City Planner, responded that the site plan was under staff review. He explained
that the sewer line will be on private property that services that particular project, and
would not impact the neighboring properties.
Motion by Lamar Russell, seconded by Bea McNeely to recommend approval of the
utility easement to City Council. Vote on the motion carried unanimously.
3. Recommendation to the Board of Adjustment: Special Exception Request No.
05-14 to Allow Residential Use in the Commercial Zoning District, Section 14,
Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14-
28-00000.0000A.10, A.25, A.26, and A.27 - Teutons Subdivision - (Oak Lane) -
Craig and Mary Stewart, Petitioners.
Planning & Zoning Board
Meeting Minutes
December 14, 2005
Page 2
Todd Peetz, City Planner, gave an overview of the special exception request. He
advised that the proposed project is located on the south side of Oak Lane, behind the
Circle K; the property has an existing special exception for a single family residence and
the applicant was proposing a new special exception for ten residential units; the
property abuts the Ocean Gardens subdivision to the north, commercial to the east,
vacant commercial to the north and west. Mr. Peetz verified that he prepared the check
list and it was correct. The Board members reviewed the submittal packet. Discussion
followed regarding: access, zoning, density, zoning uses, and affordable housing.
Craig Stewart, Petitioner, testified that his family plans changed since the previous
special exception was granted; he also owns property on Ocean Garden Lane; he plans
to construct lower than the maximum density allowed by the city code; the townhouse
units and lots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he
confirmed the road is only semi-paved and he has a signed statement from the Mayor
that the road will be paved in 2006; he verified that the city owns the road; he was
proposing to build ten townhouse units; each property will sell for approximately
$400,000. Brief discussion followed. The Board members verified that this property is
not affected by the existing moratorium. Todd Peetz, City Planner, depicted properties
that currently have residential uses around this property, and advised that Mr. Stewart
was proposing less than ten units per acre, which is consistent with the average
throughout the city.
Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special
Exception Request No. 05-14 to the Board of Adjustment. Vote on the motion carried
unanimously.
4. Recommendation to the City Council: Site Plan for Canaveral Bulk Terminal -
Randy May, Applicant.
Todd Peetz, City Planner, advised that at the Board's request, the site plan was updated.
He advised that the Fire department reviewed the site plan and did not have any
comments; and the Unity of Title Agreement was submitted by the applicant and
forwarded to the City Attorney. He gave an overview of the submitted landscape plan.
The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a
site plan was required. Todd Peetz, City Planner, responded that a site plan is required
for structures over 850 square feet. He explained that the conveyor system will be
significantly impacting the property and existing aggregate piles. Randy May, applicant,
advised that the aggregate piles consisted of pumice, granite, and lime rock.
Mr. Campbell, citizen, voiced his concern that the granted special exceptions were
granting more than just storage of aggregate. He stated that the intent of the special
exception was storage of aggregate as a subordinate use of the property, but the
storage has instead become the principal use of the property. He read an excerpt from
a Canaveral Port Authority magazine regarding the project. He voiced his opinion that
this business operation was actually a bulk terminal. Mr. Campbell discussed the
special exceptions that were granted to this property in 2002.
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
February 23, 2004
A Meeting of the City of Cape Canaveral Board of Adjustment was held on February 23,
2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson
Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll.
MEMBERS PRESENT:
Marilyn Rigerman Chairperson
Ronnie Farmer
Robert Laws
Connie McKone
Paula Collins 1st Alternate
MEMBERS BSENT:
Earl McMillin Vice Chairperson
OTHERS PRESENT:
Susan Chapman Board Secretary
Bea McNeely Ex-Officio Member
Jeffrey Buak Assistant City Attorney
Todd Peetz City Planner
Leo Nicholas Planning & Zoning Board Member
All persons giving testimony were sworn in by Assistant City Attorney Jeffrey Buak.
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of February 9, 2004.
Discussion was held regarding the date of the letter to be attached to the minutes as
requested by the Board members. Ms. McKone clarified the date of the letter. The
Board Secretary advised that the minutes would be changed to correct the date and
verified that the correct letter would be attached to the minutes.
Motion by Ms. McKone, seconded by Mr. Farmer to approve the meeting minutes of
February 9, 2004, as corrected. Vote on the motion carried unanimously.
2. Special Exception Request No. 03-06 to Allow Construction of a Single Family
Residence in the C-1 Zoning District, Lot A-10, Tueton's Subdivision, Section 14,
Township 24 South, Range 37 East- Craig and Mary Stewart, Petitioners.
I )
Board of Adjustment
Meeting Minutes
February 23, 2004
Page 2
The Board members reviewed the submittal packet. Mr. Craig Stewart, Applicant,
testified that the property was slightly over 1 acre; in the future he might construct single
family residences for his three sons on the additional property; the property was located
behind the Circle K and across the street from Harbor Heights on Oak Lane; he planned
to start construction within the next few weeks. Mr. Todd Peetz, City Planner advised
that if the Stewart's wished to construct additional single family residences they would
need to replat the property into individual lots at that time. Mr. Peetz noted that the
Planning & Zoning Board unanimously recommended approval of this request.
Motion by Mr. Laws, seconded by Mr. Farmer to approve Request No. 03-06. Vote on
the motion carried unanimously.
3. Election of Chairperson and Vice Chairperson.
Mr. Farmer nominated Ms. Rigerman to remain as Chairperson. Mr. Laws seconded the
nomination. Motion by Mr. Laws, seconded by Mr. Farmer to close nominations. Mr.
Laws nominated Mr. McMillin to remain as Vice Chairperson. Ms. McKone seconded
the nomination. Motion by Mr. Laws, seconded by Ms. Rigerman to close nominations.
Vote carried unanimously.
There being no further business the meeting was adjourned at 7:50 p.m.
Approved this/� day of , 2004.
Marilyn Rigermar irperson
Susan Chapman, Board ecretary
PLANNING &ZONING BOARD
MEETING MINUTES
JANUARY 28, 2004
A Regular Meeting of the Planning&Zoning Board was held on January 28, 2004 at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
Leo Nicholas
John Fredrickson
Andrea Shea-King
Walter Schoenfeld 1st Alternate
MEMBERS ABSENT
Dennis Jenkins 2nd Alternate
OTHERS PRESENT
Susan Chapman Board Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Robert Hoog Council Member
Bennett Boucher City Manager
NEW BUSINESS:
1. Approval of Meeting Minutes: January 14, 2004
Motion by Ms. McNeely, seconded by Mr. Fredrickson to approve the meeting minutes
of January 14, 2004, as submitted. Vote on the motion carried unanimously.
2. Special Exception Request No. 03-06 to Allow a Single Family Residence in the
1 C-1 Zoning District, (Oak Lane), Section 14, Township 24 South, Range 37 East,
Lot A.10, Teutons Subdivision- Craig Stanley and Mary C. Stewart, Petitioners.
Todd Peetz, City Planner testified that this was a request to construct a single family
residence in the C-1 Zoning district; the property was located behind the Circle K across
the street from the Harbor Heights Subdivision; existing residential uses to the north,
south and west; commercial use to the immediate east; and the property size is 1.05 acres.
The Board members reviewed the submittal packet and verified that surrounding zoning
and uses. Discussion was held regarding landscape buffering requirements. Mr. Craig
Stewart, Petitioner testified that he and his wife have three-sons that in the future may
want to build homes on portions of the 1.05 acres as allowed by city code for minimum
lot sizes for single family residences. Chairperson McNeely noted that Oak Lane is a
City road. Various property owners residing in the Ocean Garden subdivision adjacent to
this property spoke in favor of the request. Mr. Donald Haynes, property owner, advised
that he owned vacant property at the end of Oak Lane and was in favor of the request.
Planning&Zoning Board
Meeting Minutes
January 28, 2004
Page 2
Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of Special
Exception Request No. 03-06 to the Board of Adjustments. Vote on the motion carried
unanimously.
3. Special Exception Request No. 03-07 to Allow Multi-Family Residential Use in
the C-1 Zoning District, (Holman Road), Section 26, Township 24 South, Range
37 East, Lots 26 &27 -James M. Jr. and Elizabeth C. Venable, Petitioners.
Todd Peetz, City Planner testified that this request was to construct eight residential units;
the zoning to the north, south and east is C-1; and to the west R-1; the uses to the north,
south and west are residential; and to the east is commercial.
Mr. Earl McMillin, resident property owner on Holman Road and Vice Chairperson of
the Board of Adjustment provided documentation to the Board which indicated that a
portion of the property may be located in the R-1 Zoning district. He apologized for the
lateness of submitting the information. The Board members reviewed Mr. McMillan's
information. Mr. McMillin made it clear that he was not opposed to this request but
cautioned that the City needed to verify the correct zoning of the entire property prior to
proceeding because if the City grants a special exception for residential use and the R-1
zoning district then a precedence will be established for future similar requests.
r Discussion followed regarding if any of this property was part of an existing special
exception granted to Hertz Rent-a-Car. Mr. Peetz read the conditions of the approved
granted special exception for Hertz Rent-a-Car. He verified that none of the property in
this request was a part of the granted special exception. Discussion followed regarding
31.55 ft. of right-of-way on North Atlantic Avenue.
I
Mr. James Venable, Petitioner stated that he has waited 45 days to get this request
scheduled on an agenda and Mr. McMillin gives additional information the day of the
meeting which does not give the Board enough time to review. Mr. Richard Curran,
project engineer testified that the request is for eight condominium units; a commercial
building will be allowed under the existing zoning up to 45 ft. high; required buffering
will be provided; the request is compatible with surrounding uses; and the survey of the
property was prepared by Allen Engineering.
Mr. Doug Wilson, resident advised that he owns property to the south of this land and his
C-1 property ended where highlighted in red on Mr. McMillan's hand-out. He did not
speak for or against the request. He asked that Mr. Venable not remove the big birch
tree.
I
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
April 14, 2003
A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 14,
2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson
Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll.
MEMBERS PRESENT:
Marilyn Rigerman Chairperson
Earl McMillin Vice Chairperson
Robert Laws
Ronnie Farmer
Paula Collins 1st Alternate
MEMBERS ABSENT:
Connie McKone
OTHERS PRESENT:
Bea McNeely Ex-Officio Member
Leo Nicholas Planning & Zoning Board Member
Jeffrey Buak Assistant City Attorney
Tom Myers Assistant City Planner
Susan Chapman Board Secretary
All persons giving testimony were sworn in by Assistant City Attorney, Jeffrey Buak.
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of March 24, 2003.
Motion by Mr. Laws, seconded by Mr. Farmer to approve the meeting minutes of March
24, 2003, as corrected. Vote on the motion carried unanimously.
2. Special Exception Request No. 03-01 to Allow Residential Use in the C-1 Zoning
District, Township 24 South, Range 37 East, Section 14, Parcel A.1, Teutons
Subdivision. (131 Oak Lane) - Donald F. Haynes, Petitioner.
Assistant City Planner, Tom Myers testified that the property was zoned C-1; the request
was to construct 21 townhomes; there exists residential uses adjacent to this property to
the north, south and east; the property is approximately 775 ft. from N. Atlantic Avenue
where there are some commercial uses a restaurant and Circle K; the west side of the
property is industrial zoned and utilized; the Canaveral River separates the property to
the west; the proposed development could generate 11 additional peak hour traffic trips
on N. Atlantic Avenue, which currently operates at Level of Service "D"; this project
would not create a traffic deficiency; and there are no wetlands on the site.
w
Board of Adjustment
Meeting Minutes
April 14, 2003
Page 2
Donald Haynes, Petitioner verified that the property was zoned commercial. He was
planning to construct 21 units; the road would remain private; the townhomes would be a
Key West style with tin roofs; the property was approximately 3 acres and located
between LaCantina Restaurant and Circle K. He advised that he may need to remove
one of the units to accommodate the turning radius around the culd-e-sac as required by
the fire department. Mr. Haynes noted that he hoped that the City would install a bike
path along Canaveral Creek to the Port. Mr. Haynes agreed to install adequate buffering
along the property that abuts the M-1 zoning district.
Discussion followed regarding the traffic Level of Service Standard on N. Atlantic
Avenue. Mr. McMillin voiced his concern regarding the existing traffic congestion on N.
Atlantic Avenue and questioned if the fire department was affected by all the new
construction projects. He advised that the cruise terminals would be adding additional
traffic impact.
Motion by Mr. Laws, seconded by Mr. Farmer to approve Special Exception Request No.
03-01 with the condition that the maximum allowable units shall be limited to 21 units.
Chairperson Rigerman moved to amend the main motion to include that adequate
buffering be installed along the property that abuts the M-1 zoning district. Motion was
seconded by Mr. Laws. Vote on the amendment carried unanimously. Vote on the main
motion, as amended carried unanimously.
DISCUSSION:
Assistant City Attorney Buak explained that the City may consider amending the code to
clear-up majority votes for affirmative action. He would report back to the Board at the
next meeting.
There being no further business, the meeting was adjourned at 8:50 p.m.
Approved this/y y of , 2003.
)14
,
�
Marilyn Riger n�-G`hairperson
Susan Chapman,Board Secretary
City of Cape Canaveral
Op Escrow Deposit Request
Date: Au(VIA' lei 2013
Requested by: s, C.hcwman
Project Name: oaK Lane'CownhoInes-Ron Rbe1Gs, nevi,iavrE-
Project Number: Qitc 4'13.66- 12/1/131)135139 oca.KLane..
Account Number: 001-000-000-202240
res. Special Exception J Preliminary Plat
El Site Plan Final Plat
El Variance El Lot Split
Rezoning Records Request
ElComp Plan Amendment Other
Voluntary Annexation
Special Exception Cost Estimate Breakdown:
Special Instructions:
1o3 pieces of mail @.96/ea =$ 41,38
_52 sheets of card stock @.15/ea = $h.so
s2 copies:2 up on 8 1/2 X ii @ .i5/ea = $1.g0
TOTAL:$ G 2.98
Clerk's Office Services Provided: N.A.
Community Dev Dept. Services Provided: Process mail fits 1a nun-mm.4145 propwbj
owner's cvviiin Soo Ft. ractt tic of
SubjeeE (property
Initial Deposit Required: #42.ga Date Received:
CEq�O
CITY OF CAPE CANAVERAL TO BE FILLED OUT BY FINANCE
VENDOR SUMMARY DATE RECEIVED:
ENTERED BY:
r VENDOR#:
I` DENOTES REQUIRED HELD
**CHECK ONE: NEW VENDOR: "r REVISED VENDOR:
**DATE: FGbrucu9 z�l,Q2.014
**VENDOR NAME: Sheropa i-i-C /e �aA-rtc_k T Lem
**VENDOR DBA:
**PRODUCT/
SERVICE PROVIDED: Re..1=ur+d Es C(
**DEPARTMENT: 15%.,11;:l,Trot
**PREPARED BY: 5,Chaprrian
**PURCHASE ORDER ADDRESS "'MAILING/REMIT ADDRESS PHYSICAL ADDRESS
"10NCl r bor Dr lve,
ADDRESS ADDRESS ADDRESS
Ca-17,e C0.navera.( 1 FL
CITY/STATE CITY/STATE CITY/STATE
324'126
ZIP CODE ZIP CODE ZIP CODE
**COMPANY CONTACT:
E-MAIL: PTLec C'. Con'+
**OFFICE PHONE: (321 ) 514-a 7o-T EXT:
OFFICE PHONE 2: ( ) EXT:
FAX: ( )
I
MOBILE PHONE: ( )
ATTACH COMPLETED W-9 FORM
**FEDERAL TAX ID# :
COMPANY
WEB ADDRESS:
COMMENTS:
abeles500 ABELES,Ron / /
Pagel /
00
/
00flit'0 000 000 000 COj;y
532 W 20TH REALTY CORP ABBOTT,KEVIN A ALARIE,DENIS R
NE 190TH ST#2616 ABBOTT,ANDORA M H/W ALARIE,KAREN H/W
3330
3330 NE RA FL 33180 0 2727 BARROW DR 2048 GREY FALCON CIRCLE SW
MERRITT ISLAND FL 32952 0 VERO BEACH FL 32962 0
BAKER,JOHN
APPLEGATE,ALLISON GAYLE APPLETON,AMY D BAKER,SUSAN H/VV
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BARNES,MC CAULEY F III BATESONDIANE D BAYNE,STEPHEN P
,
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P O BOX 32 P O BOX 3 2925 REGENCY DR
CAPE CANAV LFL 32920 326 CAPE CANAV L FL 32920 326 MELBOURNE FL 32935 8985
*)
J
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POBOX3 POBOX3 9 POBOX
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P O BOX 3 349133 COTTAGE CLUB DRIVE
MELBOURNE BCH FL 32951 0
COCOA B 32932 1349 LOCREST GROVE GA 30248 0
6-6)
a 00 HARRIS,WILLIAM TROY HASTINGS,SUSAN
p HARRIS,DONNA TRUST 146 OCEAN GARDEN LA
35 RIVER FALLS DR CAPE CANAVERAL FL 32920 0
COCOA BCH FL 32931 0
HAYNES,CATHY L B,GEORGENE M HINES,LEWIS C JR
HIL
HAYNES,DONALD F TRUSTEES HIL C EORARA ELIZABETH LN UNIT 301 HINES,CHERYL R HNV
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109 OCEAN GARDEN LN 397 IMPERI LVD UNIT 4 397 IMPS LVD UNIT 4
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..._.^ ri, .� ,m
JORDAN,MICHAEL J fi A � ! n
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KREKELER,FREDDIE J LACK FAMILY LIMITED PARTNERSHIP LAYTON,ANIROBERTTA MAEA ANTHONY
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HNV
108 OAK LN P 0 BOX 245 252 PHEASANT HILL RD
CAPE CANAVERAL FL 32920 0 DANIELSVILLE PA 18038 245 SUMMITT POINT WV 25446 0
LENNON,BERNARD M LILLY,DAVID P LOTSPE , •, ROBERTA
126 OAK LN 705 DANIELS RD 1625 LA-/ \MONT COURT
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LUEK,MARC S MAAG,CARL R
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V
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COCOA BCH FL 32931 0 GLADWIN MI 48624 8228
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RICHARD,JOHN L RILEY,CURTIS J ROICHEK,CHARLES E
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W
FBANK NA ENDEROTH,ARTHUR WIEDMAN,DONALD R JR
WELLSW
4101 FARGO
ARC N BLVD MAC T7422-010 ENDEROTH,SHARON E H/W WIDMAN,CARLA R
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CAPE CANAVERAL FL 32920 2044 MELBOURNE FL 32940 6837
WEST,PATRICK T WIGGLESWORTH,JENNIFER R WILLIAMS,DONALD
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i72 ir# 14 A
1 t t r t;OP Y
WISOTZKEY,DANIEL B ZEPEAN,SEAD
WISOTZKEY,SUZANNE M H/W ZEPCAN,HANIFA H/W
139 OCEAN GARDEN LN 107 ANCHORAGE AVE
CAPE CANAVERAL FL 32920 0 CAPE CANAVERAL FL 32920 0
1 ( I
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RECEIPT ? o
04.11 BREVARD COUNTY -� til�4►,F`': G
2725 JUDGE FRAN JAMIESON WAY fit'
VIERA, FL 32940 $ .09
a4-4p10P
Application: 06 POS-00000-#0000
Application Type: _MODULE/_PER_TYPE/_PER_SUB_TYPE/_PER_CATEGORY
Address:
Receipt No.: 337707
Payment Method Ref Number Amount Paid Payment Date Cashier ID Comments
Check 1062 S40.00 07/10/2013 JOYCE.DRUM POS#25803
M
Owner Info.:
Work Description:
Invoice# Invoice Date Period Fee Item Fee
0 340609 10-Jul-13 FINAL PZ-Graphics/GIS $40.00
Subtotal: $40.00
Total Fee: $40.00
*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,
Land Development—633-2065,Licensing, Regulation,and Enforcement—633-2058
BC_Receipt
NOTICE OF PUBLIC HEAR! GS
Special Exception Request No. 13- it
Notice is hereby given by the City of Cape Canaveral, that
Sheropa LLC, Property Owner, has requested a Special
Exception to Construct Townhouses in the C-1 Zoning
District, as per the City of Cape Canaveral Code of
Ordinances, Zoning Regulations, Chapter 110, Section 110-
334 (C)(10) for the properties located at Lots A.10, A.25,
A.26, and A.27 Oak Lane. 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 property noted above.
The meeting will be held on Wednesday, October 9,
2013, at 6:00 p.m. at the City of Cape Canaveral Public
Library, 201 Polk Avenue, Cape Canaveral, Florida.
The final administrative approval or denial will come
before the Board of Adjustment on Wednesday,
October 30, 2013 at 6:00 p.m. Comments can be
made in person or may be submitted in writing at the
Meetings or to the City of Cape Canaveral, P 0 Box
326, 7510 N. Atlantic Avenue, Cape Canaveral, FL
32920-0326.
NOTICE OF PUBLIC HEARING TO ADJACEN .,:OPERTY OWNERS
CITY OF CAPE CANAVERAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
REQUEST FOR SPECIAL EXCEPTION - #13-06
Notice is hereby given by the City of Cape Canaveral that Sheropa, LLC, Property Owner, has requested a Special
Exception to Construct Townhouses in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c) (10),
Special Exceptions permissible by the Board of Adjustment, for the properties described as follows:
Legal Description: Township 24 South, Range 37 East, Section 14, Block 28, Lots A.10, A.25, A.26 and A.27,
Tutens Subdivision, (127, 131, 135 and 139 Oak Lane), 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, October 9, 2013, at 6:00 PM. A subsequent public
hearing before the Cape Canaveral Board of Adjustment regarding the Special Exception will be held on
Wednesday, October 30, 2013 at 6:00 PM for the properties described above. The meetings will be held
in 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 this request can be made in person at
the meetings, or submitted in writing to the City of Cape Canaveral, Community & Economic Development
Department, Attn: Barry Brown, Planning & Zoning Director, 7510 N. Atlantic Avenue, P.O. Box 326, Cape
Canaveral, FL 32920-0326.
1,1 PY
NOTICE OF PUBLIC HEARING TO ADJACENT PROPERTY OWNERS
CITY OF CAPE CANAVERAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
REQUEST FOR SPECIAL EXCEPTION - #13-06
Notice is hereby given by the City of Cape Canaveral that Sheropa, LLC, Property Owner, has requested a Special
Exception to Construct Townhouses in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c) (10),
Special Exceptions permissible by the Board of Adjustment, for the properties described as follows:
Legal Description: Township 24 South, Range 37 East, Section 14, Block 28, Lots A.10, A.25, A.26 and A.27,
Tutens Subdivision, (127, 131, 135 and 139 Oak Lane), 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, October 9, 2013, at 6:00 PM. A subsequent public
hearing before the Cape Canaveral Board of Adjustment regarding the Special Exception will be held on
Wednesday, October 30, 2013 at 6:00 PM for the properties described above. The meetings will be held
in 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 this request can be made in person at
the meetings, or submitted in writing to the City of Cape Canaveral, Community & Economic Development
Department, Attn: Barry Brown, Planning & Zoning Director, 7510 N. Atlantic Avenue, P.O. Box 326, Cape
Canaveral, FL 32920-0326.
54AC Cityof Cape Canaveral
• A 4+
Community & Economic Development Department
A. 41
Certified Mail No. 70120470000155569994
-.:z= 4,
r September 24, 2013
Sheropa, LLC
Attn: Patrick T. Lee, President
400 Harbor Drive
•Cape Canaveral, FL 32920
NOTICE OF PUBLIC HEARING
Re: Request No. 13-06 -Special Exception to Construct Townhouses in the C-1 zoning district, City of
Cape Canaveral Code of Ordinances, Section 110-334 (c) (10), Special Exceptions permissible by
the Board of Adjustment, for the following described properties: 139 Oak Lane (Lot A.10), 127
Oak Lane (Lot A.25), 131 Oak Lane (Lot A.26), and 135 Oak Lane (Lot A.27), Tutens Subdivision,
Cape Canaveral, Florida 32920.
Dear Mr. Lee,
As per City of Cape Canaveral Code of Ordinances, Chapter 110, Section 110-28, you are hereby notified
that Public Hearings have been scheduled to consider your request, for the above referenced Special
Exception, before the City of Cape Canaveral's Planning &Zoning Board on Wednesday, October 9, 2013
at 6:00 p.m. A subsequent public hearing before the Board of Adjustment will be held on Wednesday,
October 30, 2013 at 6:00 p.m., at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
Florida 32920.
Note: The Planning and Zoning Board is advisory in nature and will make a recommendation to the
Board of Adjustment regarding the Special Exception. The final approval or denial will be determined by
the Board of Adjustment with respect to your request.
If you have any questions, please contact Barry Brown, Planning & Zoning Director at (321)868-1206;
Email: B.brown@cityofcapecanaveral.org.
Sincerely,
Susan L.Chapman
Administrative Assistant/Boards Secretary
c: Ron Abeles,393 Harbor Drive, Cape Canaveral, FL 32920
/slc
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
T
40.
SENDER: COMPLET .IS SECTION COMPLETE THIS SECT/ ON DELIVERY
• Complete items 1,2,—id 3.Also complete ir
item 4 if Restricted Delivery is desired.
lir
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■ Print your name and address on the reverse �� // !��Addressee
so that we can return the card to you. B. -eceived by(Printed e)_- C. 17•.: .. 13-x`-ry
0 • Attach this card to the back of the mailpiece, to
or on the front if space permits.
D. Is delivery address different from item 1? • Ye
1. Article Addressed to:
4 If YES,enter delivery address below: 0 No
Sheropa, LLC
Attn: Patrick T. Lee, President
400 Harbor Drive 3. Service Type
RE Certified Mail ❑Express Mail
li Cape Canaveral, FL 32920 0 Registered gReturn Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7012 0470 0001 5556 9994
(Transfer from service label)
t PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
U.S. Postal Service,
TIFIED MAIL,. RECEIPT
. - (D -tic Mail Only;No Insurance Coverage Provide•
it
cr For delivery information visit our website at www.usps.comn,
Postage
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Total Postage&Fees $ Sp ,i ?
l:3 — Sheropa, LLC
Sent To
ru Attn: Patrick T. Lee, President
r'-R street,Apt.No.;
0 orPOBox No. 400 Harbor Drive
City,State,ZIP+4 Cape Canaveral, FL 32920
PS Form 3800,August 2006 See Reverse for Instructions
• t '
`411114 ,
f City of Cape Canaveral
f y Board of Adjustment1 Pro ftnpy
#. , „. .. .
4.2i,,,,
Special Exception Order
I. Applicant'sName:6}tiQrK IR„e. , Presiders +a D
II. Application Number: 1 -010
III.
III. Hearing Date:Onkel 3012013
IV. Is the Applicant's special exception request authorized by the City 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 exception request consistent with the City of Cape Canaveral's
Comprehensive Plan? Yes t/ 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 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 / 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,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 V 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 ✓ 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 (cite below) No ✓
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 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
J
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 Adj ustment'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 30 `lay of DCt-v k. ,20 /3.
Attest: LAblets'"°4)
Chairman
Recording Secretary
Board of Adjustment
Special Exception Order
Page 4 of 4
,ftio}
Susan Chapman
To: PTlee@mffreezer.com; ronabeles@gmail.com
Subject: Special Exception 13-06 - Oak Lane Townhomes - Board of Adjustment - Board Order
Attachments: Special Exception Request No. 13-06 - Oak Lane Townhomes - Board Order.pdf
Good Morning Pat and Ron,
Attached is the Board of Adjustment, Board Order relating to Special Exception Request No. 13-06 to
Construct Townhouses in the C-1 Zoning District @ 127, 131, 135 & 139 Oak Lane. Please let me know if you
require a paper copy of the Board Order and I will mail one to you.
Sincerely,
Susan
•
•
sysaw L. chapt4444w
Administrative Assistant/Board Secretary
Community and Economic Development
7510 N.Atlantic Avenue * P.O. Box 326
Cape Canaveral, FL 32920-0326
Email: S.chapmanpcityofcapecanaveral.org
Phone: (321)868-1205 * Fax: (321)868-1247
www.citvofcapecanaveral.org
CELEBRATING 50 YEARS OF SUN, SPACE& SEA (1963-2013)
Before you print this email or attachments,please consider the environment.
1
0
City of Cape Canaveral, Florida
Board of Adjustment
October 30, 2013
STAFF REPORT
Request: For a Special Exception to allow for the construction of townhouses in the C-1
Commercial Zoning District per Section 110-334(c)(10).
Applicant and Owner of property: Sheropa LLC; Patrick Lee, President
Subject properties: Four vacant lots on the south side of Oak Lane addressed as 127,
131, 135 and 139. Oak Lane is on the west side of North Atlantic, north of Central Blvd.
and between the Circle K and La Cantina Bar & Grill.
Future Land Use and Zoning designation: C-1, Low Density Commercial
Surrounding zoning:
4 North —C-1, Commercial
East — C-1, Commercial
South — C-1, Commercial
West— C-1, Commercial
Surrounding uses:
North — Residential
East — Residential and Circle K
South — Residential — Ocean Gardens
West—Vacant property
Summary
The applicant has purchased four (4) lots on Oak Lane and desires to construct two-unit
townhomes on each lot (see elevations and floor plan in packet). The properties are
zoned C-1 Commercial. According to the Code, residential is allowed in this portion of
the C-1 Zoning District pursuant to a Special Exception. The code citation for this
request is:
Section 110-334(c)(10).
(c) Special exceptions may be permitted for the following:
(10) Single-family dwellings, two-family dwellings, townhouses or multiple-family dwellings;
provided, however, there shall not be more than 15 dwelling units per net residential acre
and such dwellings shall not be permitted on property along the A1A Highway Corridor as
depicted in exhibit"A," attached hereto and fully incorporated herein by this reference. See
requirements in the R-2 district in division 3 of this article. These requirements apply to
residential construction in the C-1 district.
1
Special Exception Worksheet and Staff Analysis
All special exceptionrecommendations and final decisions shall be based on the following
criteria to the extent applicable:
Land Use and Zoning
Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, C-1 Commercial land use classification allows for all C-1 Commercial Zoning District uses
and residential use is allowed in this portion of the C-1 Zoning District pursuant to a Special
Exception.
Is the requested SE consistent with the intent of the zoning district in which it is sought?
Yes, given that the surrounding area has developed in residential uses.
Will the SE meet all the requirements of the zoning district in which the request is to be
located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-
street parking, signs, storage, landscaping, etc.? Yes.
Impact to surrounding properties
Is the proposed special exception compatible and harmonious with properties and uses
in the surrounding area? Explain why. Yes, surrounding area is developed in residential
uses.
Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes.
Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity? No.
Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, stormwater
runoff, or other offsite impacts that would not have been created had the property been
developed as a principle use? No.
Will there be adequate screening, buffers, landscaping, open space, off-street parking,
other similar site improvements to mitigate any adverse impacts of the SE? N/A.
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.
Are signs and exterior lighting designed and located so as to promote traffic safety and
to minimize any undue glare or incompatibility with adjoining properties? N/A.
What are the hours of operation and how will they impact surrounding properties? N/A.
2
Traffic and Parking
Is there adequate off-street parking? Yes.
Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes. Oak Lane is not paved. The City has not budgeted monies to improve Oak Lane and does
not currently have plans to do so.
What type and how much traffic will the SE generate? Nominal residential traffic.
Are there adequate loading and unloading areas? N/A.
Public Services
Are adequate utilities available? Location and capacity. Yes.
Will the proposed special exception create any unusual demand for police, fire, or
emergency services? No.
Will the proposed Special Exception have an 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.
Is there adequate refuse facility for the use and is the dumpster properly located and
screened? N/A.
Miscellaneous Impacts
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.
Will the proposed SE have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic resources.
No.
Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No.
Will the proposed special exception will have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality. No.
Staff Recommendation
Staff recommends approval of the requested Special Exception.
Planning & Zoning Board Recommendation to the Board of Adjustment
At its meeting on October 9, 2013, the Planning & Zoning Board recommended
approval of the requested Special Exception.
3
�yQpcE 44,14
4+
Bill'
_ I _
City of Cape Canaveral
-aBOARD OF ADJUSTMENT 1.;14ati REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
OCTOBER 30, 2013
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear
on the agenda and any agenda item that is listed on the agenda for final official action by the
Board of Adjustment excluding public hearing items which are heard at the public hearing portion
of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-
judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Board of
Adjustment will not take any action under the "Reports and Open Discussion" section of the
agenda. The Board of Adjustment may schedule items not on the agenda as regular items and act
upon them in the future.
NEW BUSINESS:
1. Motion Re: Approval of Meeting Minutes of August 8, 2013.
2. Quasi-Judicial and/or Public Hearing: Motion Re: Special Exception Request No.
13-06 to Allow Townhouses in the C-1 Zoning District, (127, 131, 135 & 139 Oak Lane) -
Sheropa, LLC, Property Owner.
3. Quasi-Judicial and/or Public Hearing: Motion Re: Special Exception Request No.
13-07 to Allow Display of Merchandise - 8801 Astronaut Boulevard, Unit 103
(Beachwave Complex) - Kim Rezanka, Authorized Agent for Xtreme Fun, LLC,
Property Owner.
REPORTS AND OPEN DISCUSSION:
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 liabilities needing
assistance to participate in the proceedings should contact the Community & Economic
Development Department (868-1205, ext. 15) 48 hours in advance of the meeting.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone(321) 868-1222 -- Fax (321) 868-1247
www.cityofeapecanaveral.org
•
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.� .Atlantic Avenue"'P.O. Box 326 * 4' � • ! , �
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TRIPPLE J INVESTMENTS LLC
PO BOX 301
CAPE CANAVERAL FL 32920 301
TRIP301 3292034E4 -1412 14/07/13
RETURN TO SENDER
TRTPPL>aMENTS
BOXT CLOSED
UNABLE TO FORWARD _
3x:G RETURN T.) SENDER '
NOTICE OF PUBLII__AEARING TO ADJACENT _tOPERTY OWNERS
CITY OF CAPE CANAVERAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
REQUEST FOR SPECIAL EXCEPTION - #13-06
Notice is hereby given by the City of Cape Canaveral that Sheropa, LLC, Property Owner, has requested a Special
ecial
Exception to Construct Townhouses in t�-Ie C-1 zoning district, per City Code of Ordinances, Section 110-334 (c 10
Special Exceptions permissible by the Board of Adjustment, for the properties described as follows: ) ( )
Legal Description: Township 24 South, Range 37 East, Section 14, Block 28, Lots A.10, A.25, A.26 and A.27,
Tutens Subdivision, (127, 131, 135 and 139 Oak Lane), 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, October 9, 2013, at 6:00 PM. A subsequent public
hearing before the Cape Canaveral Board of Adjustment regarding the Special Exception will be held on
Wednesday, October 30, 2013 at 6:00 PM for the properties described above. The meetings will be held
in 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 this request can be made in person at
the meetings, or submitted in writing to the City of Cape Canaveral, Community & Economic Development
� p t
10 N. Atlantic Avenue, P.O. Box 326, Cape
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NOTICE OF PUBLIC HEARING TO ADJACENT rROPERTY OWNERS
CITY OF CAPE CANAVERAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
REQUEST FOR SPECIAL EXCEPTION - #13-06
Notice is hereby given by the City of Cape Canaveral that Sheropa, LLC, Property Owner, has requested a Special
ecial
Exception to Construct Townhouses in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c) (10 ,
Special Exceptions permissible by the Board of Adjustment, for the properties described as follows: )
Legal Description: Township 24 South, Range 37 East, Section 14, Block 28, Lots A.10, A.25, A.26 and A.27,
Tutens Subdivision, (127, 131, 135 and 139 Oak Lane), 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, October 9, 2013, at 6:00 PM. A subsequent public
hearing before the Cape Canaveral Board of Adjustment regarding the Special Exception will be held on
Wednesday, October 30, 2013 at 6:00 PM for the properties described above. The meetings will be held
in 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 this request can be made in person at
thA moptinns or submitted in writina to the City of Cana Canmentaveral, Community & Economic Development
C
7510 N. Atlantic Avenue. P.O. Box 326, Cape
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HILB,GEORGENE M
8741 CLARA ELIZABETH LN UNIT 301
CAPE CANAVERAL FL 32920 0
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NOTICE OF PUBLIC-,-IEARING TO ADJACENT AOPERTY OWNERS
CITY OF CAPE CANAVERAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
REQUEST FOR SPECIAL EXCEPTION - #13-06
Notice is hereby given by the City c{ Cape Canaveral that Sheropa, LLC, Property Owner, has requested a Special
Exception to Construct Townhouses in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c) (10),
Special Exceptions permissible by the Board of Adjustment, for the properties described as follows:
Legal Description: Township 24 South, Range 37 East, Section 14, Block 28, Lots A.10, A.25, A.26 and A.27,
Tutens Subdivision, (127, 131, 135 and 139 Oak Lane), 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, October 9, 2013, at 6:00 PM. A subsequent public
hearing before the Cape Canaveral Board of Adjustment regarding the Special Exception will be held on
Wednesday, October 30, 2013 at 6:00 PM for the properties described above. The meetings will be held
in 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 this request can be made in person at
the meetings, or submitted in writing to the City of Cape Canaveral, Community & Economic Development
Department, Attn: Barry Brown. Planninn nirArtnr 7c-in N. Atlantic Avenue, P.O. Box 326, Cape
Canavera
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A �� �d' 7510 N. Atlantic Avenue P.O. Box 326 r�.
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Cape Canaveral, FL 32920-0326 .` + :lAil i�'- 000398b,..)5 SEP 24 2013
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WIEST,PATRICK T
WIEST,NATASHA L H/W
148 OCEAN GARDEN LANE
CAPE CANAVERAL FL 32920 0
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NOTICE OF PUBLIC rIEARING TO ADJACENT E-I OPERTY OWNERS
CITY OF CAPE CANAVERAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
REQUEST FOR SPECIAL EXCEPTION - #13-06
Notice is hereby given by the City of Cape Canaveral that Sheropa, LLC, Property Owner, has requested a Special
Exception to Construct Townhouses in the C-1 zoning district, per City Code of Ordinances, Section 110-334 (c)
Special Exceptions permissible by the Board of Adjustment, for the properties described as follows:
Legal Description: Township 24 South, Range 37 East, Section 14, Block 28, Lots A.10, A.25, A.26 and A.27,
Tutens Subdivision, (127, 131, 135 and 139 Oak Lane), 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, October 9, 2013, at 6:00 PM. A subsequent public
hearing before the Cape Canaveral Board of Adjustment regarding the Special Exception will be held on
Wednesday, October 30, 2013 at 6:00 PM for the properties described above. The meetings will be held
in 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 lirial administrative approval or denial
will be determined by the Board of Adjustment. Comments regarding this request can be made in person at
veral, Community & Economic Development
L 7510 N. Atlantic Avenue, P.O. Box 326, Cape
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