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HomeMy WebLinkAboutcocc_agendapacket_boa_20191017 BOARD OF ADJUSTMENT REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 POLK AVENUE, CAPE CANAVERAL. FL 32920 October 17, 2019 6:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: The Boardof Adjustmentwill allow public comment on any item on the agenda at the time each agenda item is considered by the Board, with the exception of ministerial items (e.g., approval of agenda, minutes, informational items, or ceremonial proclamations), emergency items and other items for which there is no opportunity to be heard as provided in section 286.0114(3), Florida Statutes.Quasi-judicial items shall require a public hearing, and public comments will be accepted at the time the hearing is opened. The Board ordinarily will not take any official action under the “Reports and Open Discussion” section of the agenda and, accordingly, public comment on these items will not ordinarily be accepted.Should any official action be deemed necessary on an item under “Reports and Open Discussion” or an item added to the agenda during the meeting, public comment will either be accepted prior to official action being taken or will be accepted when the item is placed on a future agenda for further consideration. The Board may limit citizen comments to three (3) minutes if large numbers of citizens are present to comment, except when additional time is required to afford due process for quasi-judicial items. NEW BUSINESS: 1.Approval of Meeting Minutes: August 30, 2018. 2.Per Section 2-171, the Boardof Adjustmentshall elect a Chairperson and Vice- Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. 3.Quasi-Judicial and/or Public Hearing: Motion Re: Special Exception No. 2019-01 –Parcel ID#24-37-15-00-30 – BRB Enterprises, LLP – Applicant, has requested a Special Exception for a Commercial Parking Facilityin the M-1 zoning district per the City of Cape Canaveral Code of ordinances, Section 110-609. REPORTS AND OPEN DISCUSSION: None Board of Adjustment Meeting Agenda October 17, 2019 Page 2 ------------------------------------------------------------------------------------------------------ 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 Boardof Adjustmentwith 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 Development Department (868-1222, ext. 117) 48 hours in advance of the meeting. City of Cape Canaveral Board of Adjustment Meeting Date: 10/17/2019 Item No.____ Subject:Special Exception No. 2019-01;for a Commercial Parking Facility in the M1 zoning district, as per the City of Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-609 for Parcel No. 24-37-15-00-30 (Attachment1). Applicant: BRB Enterprises, LLP Summary:Special Exception No. 2019-01 is a request for a Commercial Parking Facility in the M1 zoning district, as per the City of Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-609 for Parcel No. 24-37-15-00-30 (Attachment 2). The parcel is 5.1 acres in size, is zoned M1 and has a Future Land Use designation of M1. The requested use is allowed as a Special Exception in the M-1 zoning districtfor property within the A1A Economic Opportunity Overlay District (EOOD). Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated when the Board of Adjustment is considering a special exception request. For a detailed analysis of these criteria, see Attachment 3. The proposal meets theminimum standards. Surrounding zoning: North – Port South – M1 East –C1 West –M1 Surrounding uses: North – Industrial/Institutional South – Vacant East –Vacant West –Vacant Setbacks for the subject projectmeet and oftentimes greatly exceed required standardsfor the M1 district. Building height allowed in the M1 district is 45 feet. The project consists of a 1- story building which meets minimum height requirements. The property is located within Flood Zone “X”. The project will be required to apply for and receive Site Plan approval as required by the City Code. Site Plan, landscaping and EOOD requirements will be implemented at that time. Note that due to thelocation,nature and scale of the proposed project, many of the EOOD requirements are not applicable.These include, building orientation and height, architectural guidelines and parking standards. The property is accessed by Columbia Road,which has been the subject of discussion forfuture improvement to extend south to provide an additional access point to George King Boulevard. As the proposed site plan (see Attachment 2) does not provide forthis future improvement,Staff has included a conditionof approvalthat willrequire the applicant to modify the configuration of the parking facility, at his cost, when Columbia Road is extended to the south. Boardof AdjustmentMeeting Date: 10/17/2019 Item No._____ Page 2of 2 At its August 21, 2019 meeting, the Planning & Zoning Board recommended approval of Special Exception No. 2019-01, with the recommended conditions. Attachments: 1.Location Map 2.Application 3.Special Exception Worksheet The CD Staffrecommends that the Boardof Adjustmenttake the following action: ApproveSpecial Exception No. 2019-01, subject to the following conditions: 1.The applicant, at his cost, shall reconfigure the parking lot layout (to include utilities and drainage) to accommodate any future southern extension of Columbia Road through the subject parcel. 2.The applicant, at his cost, shall relocate any site improvements to accommodate legal use-by adjacent property owners -of the 20’ Ingress/Egress Public Utility & Drainage Easement located in the northwest portion of the property. Approved by CD Director:David DickeyDate:October 10, 2019 Attachment 3 Special Exception Worksheet and Staff Analysis SE 2019-01 All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1.Land Use and Zoning a.Is the requested SE consistent with the intent of the Comprehensive Plan?Yes. The subject property in located within a M1 Future Land Use district, which allows for the proposed use through the Special Exception process. b.Is the requested SE consistent with the intent of the zoning district in which it is sought? The proposed use is consistent with the M1 zoning district and the A1A Economic Opportunity Overlay District (EOOD) and is a continuation of the land use patterns in the immediate area. c.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, the proposed site plan meets minimum zoning ordinance requirements with respect to lot and dimensional standards.Zoning ordinance and EOOD standards will be verified during the site plan approval process. 2.Impact to Surrounding Properties a.Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the surrounding properties have developed in amannerconsistent with the proposed use. b.Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. The proposed parking facility is compatible, from a scale and intensity standpoint, with surrounding development. c.Will the traffic volume and type adversely impact land use activities in the immediate vicinity?Due to the nature of the proposed use, traffic impacts will be minimal to existing uses in the immediate vicinity. d.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 principal use?No.Due to the scale and intensity of the prosed use, adverseimpacts associated with noise, light, vibration, odor, stormwater runoff and other impactswill be minimal. Use of the site willbe required to meet City and State performance standardsthat address potential off-site impacts. e.Will there be adequate screening, buffers, landscaping, open space, off-street parking, and othersimilar site improvements to mitigate any adverse impacts of the special exception?Yes, site improvements,as required by the City Code,will be erected/constructed as part of the City’s approval process. f.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 special exception requested?Yes, see the attached site plan. g.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?Use of the property will be required to meet City performance standards enforced through the City’s Code Enforcement process. 3.What are the hours oroperation and how will they impact surrounding properties?Not applicable. 4.Traffic and Parking a.Is there adequate off-street parking?Yes. The necessary parking will be confirmed during the City’s approval process. b.Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access?Yes.The property is accessed by Columbia Roadwhich ties into George King Boulevard. c.What type and how much traffic will the special exception generate?Traffic generated from the site willbe automobilerelated and willbe minimal when evaluated over adaily period. Traffic will not have direct access to the City street network. d.Are there adequate loading and unloading areas?Yes. 5.Public Services a.Are adequate utilities available? Location and capacity.Yes. Public utilities are either at or will be brought to thesite. b.Will the proposed special exception create any unusual demand for police, fire, or emergency services?No. Due to the nature of the proposed use,it is not anticipated any unusual demand will be placed on public safety services.The facility will be fenced to maintain security protocols. c.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.The proposed use will not have an adverse impact on the surrounding public facilities. d.Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened?Not applicable. 6.Miscellaneous Impacts a.Will the proposed special exception have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards?No. The proposed special exception would not have an adverse impact on the cultural/historic environment. b.Will the proposed special exception have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources?No. Theproposed special exception would not have an adverse impact on the cultural/historic environment.The parcel is a heavily disturbed site that is devoid of cultural/historic resources. c.Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values?No. Development of the site will increase the assessed value of the subject parcel, create additional revenue for the City’s Community Redevelopment Area and create additional employment opportunities. d.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?No. The proposed special exception is consistent with the surrounding development pattern which consists of institutional, vacant commercialand industrial land.