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HomeMy WebLinkAboutBOA Agenda Packet. 02-13-2006• Catherine Barnes ✓Paula Collins 11 Vice Chair ✓Connie McKone ✓Earl McMillin Qc)vdcrmA )f Cape Canaveral BOARD OF ADJUSTMENT MEETING AGENDA 111 POLK AVENUE FEBRUARY 13, 2006 7:30 P.M. Call to Order Roll Call NEW BUSINESS: 1. Motion to Approve the Meeting Minutes of January 23, 2006. Special Exception Request No. 05-15 to Allow Residential Use in the Q,0,4 G 1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section A*\, ,14, Township 24 South, Range 37 East - John Johanson for Triple J Investments, LLC, Petitioners. ' arek (; 9oeL 3. Special Exception Request No. 05-16 to Allow On -Premise /'� ir �� Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition ��� 14 Group Ltd, LLP, Petitioners. A), Chi fcll)moe-, ' \1i, OPEN DISCUSSION: Pursuant to Section 286.1015, 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 allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi -Judicial Board members who may or may not participate in Board discussions held at this public meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com 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 Todd Peetz Kate Latorre Robert Hoog Leo Nicholas Bea McNeely Board Secretary City Planner Assistant City Attorney Mayor Pro Tem Council Member 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, Ranqe 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 swer, 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 approval of 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. Catherine Barnes moved to amend the 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 t e amendment . Vote on the main, motion, ` \-YJcc0vec1t, b� m��� vale- w/_ Coz t 1,k4 � Y`nt� �� CL \— c Board of Adjustment Meeting Minutes January 23, 2006 Page 3 3. Election of Chairperson and Vice Chairperson. Robert Laws nominated Earl McMillin as Chairperson. Earl McMillin nominated Connie McKone 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 day of , 2006. Connie McKone, Chairperson Susan L. Chapman, Board Secretary 1-iccluig y!)G. DUaILL u1 Adjustment Meeting Date: 2/13/06 AGENDA AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL Heading Special Exception 05-15 Item No. #2 SUBJECT: Special Exception request 05-15 to allow Residential use in a Commercial district. DEPT./DIVISION: Building Department Requested Action: Consider Planning and Zoning Board's recommendation for denial and approve/deny residential use in a commercial district. Summary Explanation & Background: The applicant is Triple J Investments, LLC, they have requested a special exception for residential use in a commercial district. This property had a special exception for residential previously. This request would be to re-establish the special exception for residential. The project is located on Sea Shell drive between two single-family residential units. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception. City Planner's Office Department: Building Department V City of Cape Canaveral S Exce �'fic.) Building Department ice . (Please Print Legibly or Type) RRq UQ54- `0 6 -15 DATE FILED 12-5-O5 FEE PAIDJbO,OO DEPOSIT ' 85,<3 U RECV'D BY: J�1C� ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exc ption is for what purpose (Brief Description) . L 1—\C C�, Address of request (if applicable) C It Legal Description: Lot .3 Block Parcel Subdv j(10M( ,tj �)€c-t Section i 4- Township '&4 Range 7 t S ATEME OF FACT: State of Florida, County of Brevard; I being duly sworn, depose and say that: P y YI am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): iF �) �Le- Address: ? J. IC so 1 fItp-� L. 4.7Lila Home Phone 77 3 _Lc; Z 1 y4rrk Phone--- Applicant(s) Names(s):F Address: ,4s„w_, Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest true toe best of my knowledge and belief. z�- Signature of Applicant orn to and subscrib "be e me on this af5�day of Deck mbec20051PTARY PUBLIC -STATE OF'FLORIDA Susan L. Chapman L Commission #DD384306 Notary PubIic,�SEa e o if orida Expires: MAR. 23, 2009 Bonded Thru Atlantic Bonding Co., Inc. The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92 ) City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) ` days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 5- D c>c, t' s- 1. NAME OF APPLICANT(S) i fit i7L l t..A.)c ► -1,-* ADDRESS (if assigned) g i3 OCT 51 e l( e PHONE # t ft Z 1 FAX # E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: LL)651 PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: O.4 o SECTION: l TOWNSHIP • ANGE P7 DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) .5ec-1-;6A 1l D -3 3 Li (06.6) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) - 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. le4, a61,, r 04 c (g) Required setbacks and other open space. rev._ (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. 1.J/Is (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): (ot..45z.,)c , otv /YE Vf : i_per d 'cJ C -1 `F.� v.1 o��� 1 Division of Corporations Page 1 of 2 Florida Limited Liability TRIPPLE J INVESTMENTS, LLC PRINCIPAL ADDRESS 310 ADAMS AVE CAPE CANAVERAL FL 32920 US MAILING ADDRESS P.O. BOX 301 CAPE CANAVERAL FL 32920 US Document Number FEI Number Date Filed L05000083043 NONE 08232005 State Status Effective Date FL ACTIVE NONE Last Event AMENDMENT AND NAME CHANGE Total Contribution 0.00 Event Date Filed Event Effective Date 09262005 NONE Registered Agent Name & Address JOHANSON, JOHN I 310 ADAMS AVE CAPE CANAVERAL FL 32920 Mana_er/Member Detail Name & Address MORGAN, JAMES E SR 413 LINCOLN AVE CAPE CANAVERAL FL 32920 US MORGAN, JAMES E JR 441 TREASURE LAGOON LANE Title MGRM MGRM http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=L05000083043&n2=NAMFW.., 10/4/2005 Division of Corporations Page 2 of 2 i MERRITT ISLAND FL 32953 US JOHANSON, JOHN I 310 ADAMS AVE CAPE CANAVERAL FL 32920 US MGRM Annual Reports Report Year iI Filed Date i Previous Filing Retum to List View Events View Name History Next Filing Document Images Listed below are the images available for this filing. 08/23/2005 — Florida Limited Liability THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT iittn•//unznir e»nhiv eNrn/erriveto /nnrt1At "Nra.9c.1=TIPTRTT Rin1=T f1GM/1(1S21(1A1Rrn7=ATAWAPITI' 1(Va/1(AS mmmPAMMD HT 3D HITEDiti TOr RENEE CHISHOLM TOWN a COONTRY TITLE, INC. 1227 S. Patrick Dr., Suite 105 Satellite Beach, FL 32937 rile No. 10857 TAX PARCEL ID NO. 24 37 14 30 00 3 WARRANTY DEED CFN 2005408430 11-18-200512:45 pm OR BoobPagar 5565 / 5942 Scott Erns ------ clerk Of Courts, 8revard County 1FRE 1 blamer 2 Ttu:f: 1.00 Rez goon Sere: 0.00 ^--... 1.800.00 Udine 0.00 M: 0.00 bt Tar 0.00 THIS INDENTURE. Trade the nth day of October . 200E , between MCI WILDING AND DEVELOMMENT INC., a Florida corporation r nwbor-/, and TRIPPLS J INV 9, LZC, a. Florida Limited T.; a1,4 1 i ty Company !Taxpayer I.D. Maabanr whose mailing address is 310 Adman Avenue, Cape Canaveral, iZ 32920 rem/rose V. (Wlews mod Garda do toms 'moor- unit "pintos'' Inokole al the molls is no Wtrutoot wd air him. bye opmantoptu oe adaro es sfadtwb, end Ole oacomoot ad auto et ceworahnd t WWTNEMETH! That said Grantor. for and in coafdanatfon of the sum of Te'd OOLLARS (910.001, and odor good and valuable considerations, ra dpt whereof is hereby acknowledged, hereby wan, bargains, sags, miens, remises. rdaasea, conveys and confirms tnka the Grantee, all that certain land situate In gravard County. Florida. vim Tot 3, HARBOR MUCHTS NEST, according to the Plat thereof, as recorded in slat Book 49, Page 31, Mlle Records of Breverd County, Florida. 3110JECT1W7tmc arar2005mdarbsequantyeata SUSJECTIOzaaiag rr s. probblIons. and olurregakertards imposed by goremmental authority; reslbdtens end molten appealing on /ter pbf or olhenstan common b ate sub- dMbitio and pads trey eaternenh or recant Wes Tourer ce to held ram ucas shot not operant to re9npa se ►!c anna TOGETHER with as Ma tenements, harat3taments, end appurtenances thereto bdonaingar in anyvWse appertaining. 10 HAVE AND TO HOLD the sane In fee sib forever. AND the Grantor helbV covenants with said Grantee that the Grantor is lawhdy asked of said lend In fee simple: that the Grantor has good iglu and (awful authority to sal aid convey add lamb that the Grantor hateby fury warrants tM tide to acid lead and wdr defend the sons against the lawful dahn ot at persons w h nsoeve; and that add land h has of at encurabraneos. IN WITNESS WHEREOF. the chid Grantor has Afraid era► WOW dada peeaents. TtredtWinadDhae olVtiewa T, D EEANNA J. SORRE 4EL TjpdWithmltle.eed Wi STATE OP et C01)NTY cw ORBVAaD • The tarelotog %ai y Dead au adee ekdged baftm an this 30th dY of septerber. 2005, by WENDY ICANL68U. as Froddant Bu—xzo g apse DiVBLORIS11T VC., a F7,esida ebsporLatiaa,am baba f of said corporatio 1n area playa* beano ea sea. of Q who taol�lle.a manedaned driver Smogs) a a,.Mere ❑ who IW/kave prodao.d re idca[Nodao. RCZBUNDINGANDIMWSLOMENT, NC. a Florida corporation Da LA) et WENDY SCAN , President Addicts: :um tang soap moots. *mot Mond. 0. 32s51 (Lb moue Seal) WlWaheeaeea Darrialce MOM May ADD NOW,Publie _ AIMS taFegCo.be. CaoadafeaN ityccaudisios dpires+ Warranty Dud Page 1 This fax was sent with GFI FAXmaker fax server. For more information, visit http:/Jwww.gfi.com Jim Ford, C.F.A. Property Appraiser Brevard. County, El • Property Research [Home] [Meet JimFord] [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] [Forms] [Appeals] [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities] [Tax Facts] [Economic Indicators] [What's New] [Links] [Press Releases] [Tax Estimator] General Parcel Information for 24-37-14-30-00000.0-0003.00 Parcel Id: * Site Address: 24-3 7-14-3 0-00000.0- 0003.00 Map Millage Code: 26G0 Exemption: 8809 SEASHELL LA, CAPE CANAVERAL, FL 32920 Use Code: ccount: 1000 2456497 * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: RCI BUILDING AND DEVELOPMENT INC Second Name: Mailing 2458 LONG SANDY Address: CIRCLE City, State, Zipcode: MERRITT ISLAND, FL 32952 Value Summary for 2005 ** Market Value: $119,000 Agricultural Assessment: $0 Assessed Value: $119,000 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $119,000 Legal Description Plat Book/Page: 0048/0031 HARBOR HEIGHTS WEST LOT 3 View Plat (requires Adobe Acrobat Reader - file size may be large) Land Information !Acres: Site Code: Land Value: 0.41 $119,000 ** This is the value established for ad valorem purposes in accordance wdh s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Book/Page Sale Date Sale Amount Deed Type *** Sales Screening Code *** Sales Screening Source Vacant/Improved 5395/8600 12/2004 $144,000 \VD V 5245/2230 3/2004 $106,000 WD V 4640/2136 7/2002 $59,000 \A'D V http://www.brevardpropertyappraiser.com/asp/Show_parcel. asp?acct=2456497&gen=T&... 12/07/20C.& 05 *** Saks Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information Pool No Fireplace (No Fence INo Shed INo Dock INo Seawall No Proposed Taxes 2005 Taxing Authorities Taxes Billed Ad Valorem County $537.81 School $947.60 City/MSTU $379.37 Water Management $54.98 SP District $4.58 Debt Payment $38.15 Total Ad Valorem $1,962.49 Rollback Taxes 2005 Taxing Authorities Taxes Billed Ad Valorem County $527.34 School $837.16 City/MSTU $321.16 Water Management $48.84 SP District $3.94 Debt Payment $38.15 Total Ad Valorem $1,776.59 Tax information is also available at the Brevard County Tax Collector's web. site (Select the back button to return to the Property Appraiser's web site) Data Last Updated: Tuesday, December 06, 2005- Printed On: Wednesday, December 07, 2005. New Search I Help f [Home] [Meet JimFord] [Appraiser's Job) [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] [Forms] [Appeals] [Property Research] [Map Search] [Maps & Data] [Unusable Property] [Tax Authorities] [Tax Facts] [Economic Indicators] [What's New] [Links] [Press Releases] [Tax Estimator] Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http ://www. brevardpropertyapprai ser. com/asp/Show_parcel .asp?acct=245 6497&gen=T& ... 12/07/2005 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: !rev» r ' ri Cb4 c U r re-. c y Paz. A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. i j 0 — g-Z. t',e 2) Will the Special Exception create any unusual police, fire or emergency services? 0 tU Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? yC, 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, • traffic flow and control, and emergency access in case of fire or medical emergency? 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? 0, /!t 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? `; G 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? ►.i/fa 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? WI'. 9) Is there adequate refuse and service areas? Lem; K - 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? ‘-6-5 ' 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? 'i 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? 'C3, lb`( o S'. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Lee& 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? r{ 6-5 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? • k 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? BANANA RV= PROPOSED FUTURE LAND USE Cl. COMMERCIAL C2 COMMERCIAL/MANUFACTURDIG MI INDUSTRIAL RI RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLATION CON COZATION AREA A ARCHAELOGICAL SITE SALE: As� run. nj CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Flours 7-3 511 I III I / ATLANTIC OCEAN TRW !=iatlarrleA Wane. Inc. an L •••••••11•11• 1111...••••••• 14. SIM - Or* 41311. AMP P. MN • an.• AO Ni IINL01 DAVI OL46-1111 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-15 December 30, 2005 FILE COPS Notice is hereby given by the City of Cape Canaveral, that Triple J. Investments, LLC, P.O. Box 301, Cape Canaveral, FL 32920 has requested a Special Exception To Allow Residential Use in a Commercial Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(C)(10) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 14, Lot 3 24-37-14-30-00000.0-0003.00, Harbor Heights West Subdivision (8809 Sea Shell Lane, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 25, 2006, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above -named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk Al4 ®® IflAK LA I s' APOR704 V0, y:,L! OE.0 H PAR ILL:. 1.-VINEM;R: 'i*.17 Atl 1 1 1 I { II 11 mna09R q L EL CA 111 A 2437-1430-00000.0-0003.0 >. 7, 71 74 71 71 'I /1 1111111111111 124 Print Window Close Window' AD#679319-2/3,2006 Notice of Public Hearing The Board of Adjustment, City of Cape Canaveral, Florida, will hold a Public Hearing for the purpose of considering a , Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Monday, February 13, 2006 at 7:30 P.M. Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. Special Exception Request No. 05-16 to Allow On -Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L. Chapman Secretary to the Board of Adjustment AD#: 679319 Publication: Florida Today First Published: 02-03-2006 http://www.flatoday.net/legals/di splay.htm?CHID=DISPLAY&Id=2049I 2/6/2006 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The applicant's request for a Special Exception to allow residential in a commercial (C-1) zoning district is consistent and compatible with the adjacent properties. There are currently Single Family Residential lots to the east, south and west of the subject property. Multifamily Residential currently exists to the north of the subject property but is part of a separate subdivision. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Should the Special Exception request be granted, the property owner is subject to Special Exception criteria listed in the Cape Canaveral Land Development Regulations. The subject property has the potential to meet these requirements. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? This application requests residential development in a Commercial (C-1) zoning district. Therefore a site plan review is not necessary at this time. However, the applicant has submitted a conceptual site plan which depicts a shared driveway accessing three residential townhomes. Review of future applications forgoing the development review process may reveal access and or parking problems for the subject site if submitted based on the current concept plan. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Off street parking is proposed in the conceptual site plan. The applicant proposes to provide attached townhome garages. The plan depicts townhomes which require three parking spaces per unit as required by Section 110-374. Off-street parking. The submitted plan does not appear to provide for three parking spaces for each unit. Review of future applications forgoing the development review process may reveal parking problems for the subject site if submitted based on the current concept plan. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are available to the subject site. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Applicant must meet the screening and buffering requirements of Chapter 102, City of Cape Canaveral Code of Ordinances. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? All lighting and traffic safety requirements must be meet according to City of Cape Canaveral Code of Ordinances. Residential use should not create a problem. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site must meet the setbacks, landscaping and open space requirements of the Cape Canaveral Land Development Code. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed residential use is consistent with the surrounding uses. The desire to develop townhomes between two single family units may create a fairly debatable 2 compatibility question. There are proposed townhomes one lot away to the south, and condominiums to the north, but single family adjacent and to the east. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West R-2 C-1 R-1 C-1 CONSIDERATIONS SETBACKS: COVERAGE: LOT SIZE: DENSITY: HEIGHT: Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE Yes MEETS CODE CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) ADDITIONAL REFERENCES PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. 110-491 NA NA 110-566-567 X NA NA NA Applicability Yes No X X X NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed b Buildin Official o esi ee: //7Y g i%D � Signature: 4 City of Cape Canaveral Special Execption Sea Shell Cay North Applicant: Triple J Investments, LLC Location: Range: 37 Township: 24 Section: 14 Lot 3 Proposed Amendment Acreage: C-1 Commercial: 0.41 +/- Acres Permitted 15 DU per acre: 6 residential maximum whole site Commercial C-1 N/A Proposed Number of Units: 3 Proposed Density: 7.31 DU/AC Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant proposes to build three (3) townhome units on a 0.41 acre lot. The subject site is located on the northwest section of the Harbor Heights Drive. North South East West Zoning R2 Residential C-1 Commercial R-1 Residential C-1 Commercial Comp Plan R2 Residential C-1 Commercial R-1 Residential C-1 Commercial Existing Conditions Villages of Seaport Condos Single Family Residential Single Family Residential Vacant Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North Atlantic is operating at Level of Service "D" with 261 available peak hour trips from George King to Central Blvd. North Atlantic from Central Blvd to AlA has a level of Service is "D" with 277 excess trips. If developed as proposed, the site could generate 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. The amount the project as proposed could generate 600 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development could generate 7 to 8 new persons. MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: Special Exception Request No 05-15 Residential in Commercial Harbor Heights, Lot 3 The Public Works Department has reviewed the special exception request and does not have any comments or concerns. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 16, 2006 RE: Special Exception for Sea Shell Cay Residential in a Commercial (C-1) Zoning District I have reviewed the submittal of the special exception review for the above referenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. If you have any questions, please feel free to contact me at 407-629-8880. Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Special Exception- Harbor Heights Residential in Commercial Zoned Area Date: 01/10/06 I have reviewed the application for the commercially zoned area to be changed to residential. We have no objections. This meets the fire departments requirements. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 ITIrgs.)-12,P,Trrm Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: Special Exception Request No 05-15 Alcoholic Beverage Residence Inn The Public Works Department has reviewed the special exception request and does not have any comments or concerns. MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: Special Exception Request No 05-15 Residential in Commercial Harbor Heights, Lot 3 The Public Works Department has reviewed the special exception request and does not have any comments or concerns. HARRAH= HY AND =TOAD TO: RENEE CRISBOLN TOWN 4 COUNTRY TITLE, INC. 1227 S. Patrick Dr., Suite 105 Satellite Beach, FL 32937 File No. 10857 TAX PARCEL 1D t40. 24 37 14 30 00 3 WARRANTY DEED i CFN 200540E430 11-16-200512:40 pm OR Book/Pepe: 5585 / 5942 Scott Ellis _--- clerk Of Courts, Berard County •Pga: 1 *fames: 2 Bust: 1.00 Rea 9.00 Se:v:0.00 1.880.00 Exdsa; 0.00 Mg: 0.00 Ind Tar 0.00 THIS INDENTURE, erode the 4th dey of ootober , 2005 , between MCI 'BVIWING AND DBVELOSSIEBT INC. , a Florida corporation r"Granter% and • TRIPPLE J DRVVSTNENTB, LLC, a Florida Limited 1.4 b17aty Company ITekdayerl.O. Numbers. whose smiling address is 310 Adana Avenue, Cape Canaveral., FL 32920 ("Grantee,. IWholov.r used nerd. deo pram 'moor' sod ',raaeo• lnegda ere the who to ma setrtnwat and the hdo,ant r.Mwea tleesandmane asaMerds.end ea.ace.worsudiu19,.ormlooldo .l WITHESSETH: That mold Grantor, for end in consideration of the sum of TEN DOLLARS f410.001. and other good and valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sets, aliens. remises. rehresaa, conveys and conllmts unto the Grantee, all that certain lend sltuste In 8revasd County. Florida. via: Let 3, HARBOR t1EIGPITS NEST, according to the Plat thereof, as recorded in Plat Book 48, Page 31, PlSalio Records of Brevasd County, Florida. 3INJECTTOlosesfor2O0Sandwbseelu niyams, • SUBJECT TOranaing rest/Adkins, prohlirAbnt and ether regekemerds impaled by governmental authority- reshlellarn and mailers eppeaN9 on Bw plat or ogrwwhe common to the tub- drvhfan; and pubic tatty easements of Wont this reference to saki rad*M6osa del not operate to na0npose Mosome TOGETHER with all the tenements, hereditament', and eppxtansnce thereto bslonging.ar in atywiee appertaining. TO HAVE AND TO NOLO the same in fee siarpfe forever. AND the Grantor hereby covenants with add Grantee drat the Grantor is lawfully seized of sent lard In fee slnnp1* diet • the Grantor hes good right and lawful authority to sell and whey said lend; that the Grantor hereby fully warrants the tide to add lend end will defend the some against the lawful Bairn of all parsons whomsoever, and est Bald lend Is fires of aF encumbrances, IN WITNESS WHHIEOP. the add Grantor has signed and sealed these prawns. and dell/era do to Whams Tiyd+prlma edkult ofVn:nc rriv ta,etxrotatayr. EANNA J. SORRELL WENDY SCAN ELL, President Add,ms Mao iaaa 6a.4y dre3 , nl.rritt island. FL 3295r lux BULGING AN O DHvaLOPMENC.1NC. a Florida corporation STATE OF FL COMM o, BRAVA= The foregoes Wanner Deed war adrnowleagud Won me this 30th day of September, 2005,WENDY IF autumn ADD #$V8tAs118NT II=C. , a Illawidaby �1Bpo a Peeda.nt (LY,l✓./ra cospoxatiaa, on LaLa1L of said eorposation Mae pmoaa r known to ma a ❑ relic hatfhaveproamed ddverlteans* as tdeed mama at 0 elm Is/have ptod.ted m Nand fiadoo. Rego Chisholm OamhBWea t00001104 rat. May 30,2007 Boole Public Adattekeiss Ca. Ism Cosomboloo Number My comalheioa expires Wenanty Deed (ani,e,a,a Page 1 This fax was sent with GFI FAXmaker fax server. For more information, visit http://www.gfi.com 0 J LECIIVE JAN 2 5 2006 w Planning & Zoning ©/2S--002 DISTRIBUTION Mayor City Council City f 4?r. • (iv ttty. pub. ,rz3%Zv We the undersigned are the affected residents of the single family subdivision known as Harbor Heights. We are opposed to the building of any multi -family units, up to and including, duplexes, townhomes and condominiums. It will not be compatible to the single family neighborhood, the last remaining single family neighborhood beachside. They will lower property values, overcrowd our already overcrowed streets and overload beach parking. In addition they would be destroying and removing the very few remaining beautiful trees left in Cape Canaveral. We would like to thank the elected officials and members of the board for addressing our very important concerns. 6', 946 , , 3(/ 3$2- C12.Jat � c.c a_17___604/ 34_ e- • 6b l C ,t)(,A.*/ -5-ce. Cot-0z - 2-C Lf C 2 ,2v--L Oa_ Planning and Zoning We the under -signed affected residents of the single family subdivisio*I knt Heights, are opposed to the building any multi -family units, up to and int`.110ln? - houses and co' ndominiums.. They will not becompatiblewith our lastremaining single family p j neinhborhood beach side They will lower property values overcrowd our already over crowded streets a d overload the beach natrk2ntr. We would like to thank the elected city officials and members of the board for your attention and response to our very important concerns. 4-46._/ ,AAA.1 Alp)] Slob-- Sea,aiteilifrin , (126 /v 3..2 3 ._ gua�( ice— v ... Q._,4_1_,QC . ` r L.. �r�-►... � �c.� (�C� �:.: �,,1„( ll L,,,,„e Cis „v_ C(:n id;U4 deAee/k Oar; a4"4/V\ .2-Z6 &.64,,,,,674_, __.(•• (26,---,e_--x€4_„_. ,-Nize 4ezi-ce..,-)-7 z_e 7 s- jiZzA.--i-et ie,c, C 0 - l �ce C3-4 Ce ti19Vi? 0,1 adv)_, Da dy.., 33_70 '0.)\-wiv1/4_6,s6\4-1/-y,,qpsgzo,:liz. Ct5igaeosA11sA(P2 3 9 .,. Cyr - �` 3z9z, evIA k-tt re- #2:0"/ 3 L1,1,_ Car e C-eGi4G"i qI c,, 3 a I,Fbb<' or Gri .e C,q rJA Vel,( .3)-Q-71 A‘ cc. 32 r40r t 41. arvher' rJr- 6 7� /tom-,,- CPS rL`.ae Planning & Zoning lr©ElVEE JAN 2 5 2006 J We the undersigned are the affected residents of the single family subdivision known as Harbor Heights. We are opposed to the building of any multi -family units, up to and including, duplexes, townhomes and condominiums. It will not be compatible to the single family neighborhood, the last remaining single family neighborhood beachside. They will lower property values, overcrowd our already overcrowed streets and overload beach parking. In addition they would be destroying and removing the very few remaining beautiful trees left in Cape Canaveral. We would like to thank the elected officials and members of the board for addressing our veryimportant concerns. ce,,G 6-73, eit Zy 7 CArd r ( 9e nN,c /0-/ .)464— b8 Sec Let LN_ G e G AtJ,-"rf ii/,� ,243 Goy/ Z . r. G 01„ Pat Ilk i �� -//� .•�� ��j �� #ot ICE '% C6 ft' 0 v. CQ occt-a4-1 4/7:2'AMP?_.A 1/cJev-)2xi tgyi 2'S 32/ d a✓ 1% C. C 3cs-- z -, 4- D l6 3g1S" dicutbek ITA.a6:64"Mq Cpr? 1A2_, ._.34.1 &Ike_ 494 ee 3 z4 _ te37 7 aoc j3-2 (9` 2� �3 f6S ( ral Or 73 3 C---- f e. i JAN 2 5 2006 `•?5a -A 3s3��iQJ� C! JAN 2 5 2006 To: Bennett Boucher City Manager From: John Johanson, Tripple J Investments, LLC P.O. Box 301 Cape Canaveral FI. 32920 Mr. Boucher vJ,3o 0 DISTRIBUTION Mayor I ,/ 1..; :ry Caux i .f _/ i C N1 r. f grit; •A NI iP 11.. ,..or. Dir., 2D0Pro_g7 A- . On January 25, 2006, I attended a Planning & Zoning meeting for Special Exception Request No. 05-15 to allow Residential use in the C-1 Zoning district. Prior to purchasing this property we did our due diligance on what the uses were and verified this with the Building Department. After comparing this property with all the other Comercial properties that had been granted a Special Exception for Residential use, we concluded that Residential was the best use for the property and would have less impact to the neighborhood than a comercial project. In the comparison to the other properties that were recently granted the Special Exception, this proposed project had the least impact to the property concerning lot coverage/density and to the impact of tree removal. This property is one of three lots that are Zoned C-1, the other two lots have been granted a Special Exception for residential use, leaving this the only Comercial property. The Planning & Zoning motion for denial was "Idea not compatible to surrounding uses". Single family residential is compatible with single family residential regardless if it is zero lot line. In filing for the Special Exception for Residential use, we fell within all the written procedures and requirements that the city has. We truly believe that Comercial is more of an impact to the surrounding uses, but that is the direction we will go if that is our only economically viable option. Thank you, John Johanson For Tripple J Investments, LLC RADIUS MAP APPLICANT NAMES)/ADDRESS MORGAN, JIM OWNER NAMES)/ADDRESS: r4rn2.M011t0600 Brevard County Property Appraiser. Jim Ford Based on data from the Property Appraiser's Office This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners, Property Appraiser, and Geographic Information Services do not assume responsibility for errors or ammissions contained hereon. Produced by: Brevard County Planning & Zoning Office — GIS, September 28, 2005 BUFFER DISTANCE: 500 FEET YAP SCALE IS L6000 (one inch = 500 feet) INI LEGEND: Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list Planning & Zoning Board Meeting Minutes January 25, 2006 Page 2 Motion by Harry Pearson, seconded by Lamar Russell to recommend approval of the site plan for Villa Campania. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adiustment - Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. Todd Peetz, City Planner, advised that the property is zoned commercial with an expired special exception for residential use. The petitioners were asking for a special exception for residential use to construct three units. Discussion was held regarding the previous granted special exception. He advised that the property is surrounded by multi -family residential to the north, single family to the east, a single family to the south, and commercial to the west. He verified that he completed the special exception worksheet. He advised that stormwater and drainage would be reviewed during the construction plan review. He noted that there was one shared driveway access proposed for the three units, which would be addressed during the staff review of the replat. Discussion followed. Mr. Peetz advised that the three proposed residential units were more compatible than if the property was used as commercial. Discussion was held regarding the previous special exception that was just recommended for approval by the Board which is located almost adjacent to this property. Discussion continued regarding compatibility. John Johanson, Petitioner, testified that he was proposing three residential units; 22-30% lot coverage, leaving as much open space as possible; R-2 allows for six units, only proposing three units; the property was purchased last October; he had no idea why the previous owner did not build. Judith Lowe, 211 Coral Drive, advised that this lot was located between two single family residences. She submitted photographs into the record. She noted that Harbor Heights is the only single family residential, low density neighborhood in Brevard County, that is next to the beach where the residents don't have to cross a main road. She advised that multi -family would take away from the single family residential character of the neighborhood. She advised that the property was listed for sale as a single family lot. Ms. Lowe commented that the developer was trying to cram three townhouse units on a 58 ft. wide lot. She advised that 73 neighborhood residents have signed a petition against the granting of this special exception. She noted that there is a very large Oak tree located in the middle of the lot that would be destroyed. She pointed -out that the lot was replatted for one single family home. She requested that the special exception be denied. (The audience applauded in support of her comments.) Karen Johnson, 346 Coral Drive, advised that she purchased her property in 1995 because it was in a unique neighborhood of all single family homes. She further advised that rodents have become a nuisance. She asked that the City keep the neighborhood single family, as it was meant to be. She voiced her opinion that the proposed project is incompatible. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 3 David Lackstrom, 432 Beach Park Lane, advised that there is a 10 ft. easement between the Villages of Seaport and Harbor Heights that is not being maintained. He questioned if the traffic study for N. Atlantic Avenue has been completed. He noted that it is almost impossible to go out onto N. Atlantic Avenue with the existing traffic volume. Don Foley, 224 Coral Drive, advised that he lives within three to four houses from this site. He noted that the approval of this request would negatively affect the value of his home. He did not want commercial being built on the property, or multi -family, but would prefer a single family residence. Keith McCoy, 204 Coral Drive, advised that he owns the single family residence next door to this site. He noted that if this project is approved, a single family home will be surrounded by multi -family townhomes. He advised that the property drops seven feet from N. Atlantic Avenue and there exists a large drainage area on the lot. He explained that if fill is brought in to raise it and a pad poured, the water would drain into his yard. He advised that there was already water runoff from the Villages of Seaport. He noted that there already exists a townhouse at the entrance of Harbor Heights that has a drainage problem from the new townhouse project adjacent to it that did not exist before. He advised that the lot did not have room for adequate landscaping. He voiced his opinion that townhomes are not compatible. Rita Perini, 247 Coral Drive, advised that Harbor Heights is the sole treasure of Cape Canaveral, and that building on this property would destroy the trees and wildlife that live in the area. Franklin Martin, 382 Coral Drive, advised that he has lived at his residence for 40 years. He noted that many years ago he was the Chairman of the Planning & Zoning Board. He advised that the Board worked very hard to maintain R-1 zoning. He voiced his opinion that the City should preserve the existing single family neighborhood, and it would be wrong for the Board to grant this special exception. Shannon Roberts, 703 Solana Shores Drive, advised that she supported the comments to preserve what the City has and the comments made by the residents regarding the increase of traffic on N. Atlantic Avenue. She complimented the residents for coming out and voicing their concerns. She advised that the residents of Shorewood, Solana Shores, and Solana Lakes are very concerned about the increased density in the area and the traffic congestion on N. Atlantic Avenue. Jim Graver, 358 Coral Drive, advised that the property was already platted as a single family lot. Coral Drive is not designed to take on extra traffic. He noted that there were already single family dwellings on either side of this property. He voiced his opinion that the City should preserve single family in this neighborhood. Planning & Zoning Board Meeting Minutes January 25, 2006 Page 4 Arlene Balestrieri, 204 Coral Drive, opposed the request as she lives next door. She advised that the request is totally incompatible with the neighborhood. She noted that the previous property owner had replatted the lots into three individual lots for three single family residences. She went around the neighborhood with a petition and received the signature of every one she approached, without hesitation. She advised that the school bus is late almost everyday because it can't get out onto N. Atlantic Avenue due to the traffic congestion. She noted that the lot was for a single family residence, and hoped that the City honors what the lot is supposed to be. Hans Saurenmann, 349 Coral Drive, advised that if the City grants this special use, then he will expect the same. He advised that he is the only resident in Harbor Heights that could profit from what the petitioner wants to build, because he is the only one in the neighborhood with a strip of land between Ocean Oaks and Harbor Heights, 2,633 ft. long and 20 ft. wide. He further advised that if the City approves this plan, he can build a three story building with at least four units on his property and sell it off. Chairperson McNeely summarized the audience comments. Vice Chairperson Russell summarized that multi -family use is approved at the corner and to the south, the area is zoned C-1 which needs to be rezoned R-1 to make it compatible with the neighborhood; the main issue is compatibility; multi -family use should not encroach any further into this established and unique single family neighborhood, with existing residence that purchased their home to live in this single family area. Donald Dunn, Board member, agreed with Vice Chairperson Russell. John Johanson, Petitioner, rebutted a few of the audience comments. He explained that 50% coverage of the site is allowed by code, he only proposed 22-23% coverage; the lot is zoned commercial, not R-1 single family; the units will be an average of 1,900 sq. ft. with an average selling price of $400,000, which would not detract from the neighborhood; the developer will install heavy landscaping; the code allows a density of 6 units, only proposing 3 units; the developer is not trying to negatively impact the neighborhood; it is not financially feasible to construct a single family residence on this lot; there is no plan to build commercial at this time because residential use would be the best option. Judith Lowe, 211 Coral Drive, commented that the property has been vacant and zoned commercial since the early 1960's; anyone who performs a demographic survey would see that commercial is not feasible at that location. She asked that the City rezone the property to R-1 single family residential, as it was intended to be, and make it compatible with the neighborhood and adjacent properties. (The audience applauded in agreement with her comments.) Meeting Type: Board of Adjustment Meeting Date: 2/13/06 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Special Exception 05-16 Item No. #3 SUBJECT: Special Exception request 05-16 to allow on -premise consumption of alcoholic beverages, Residence Inn DEPT./DIVISION: Building Department Requested Action: Consider recommendation for approval from the Planning and Zoning Board and approve/deny the on -premise consumption of alcoholic beverages.. Summary Explanation & Background: The applicant is the Residence Inn, they have requested a special exception to serve on -premise alcoholic beverages. The hotel is nearing completion and they would like to serve on -premise alcoholic beverages. The hotel is not within 300 feet of a school, playground or church. This request requires a special exception. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to Surrounding Property Owners, #5 Staff Report on the Special Exception. City Planner's Office Department: Building Department Fran: City of Cape Canaveral Building Department (Please Print Legibly or Type) Spill -1,04 'l0 i1 DATE FILED to -aa- CO FEE PAID 5O, 03 DEPO5 9 3, 3.' Relas-1- 4 05 _ Ib RECV7D BY: S?`C $250.00 FilingFee is non-refundable ( ) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) Obtain a State Liquor License Address of request (if applicable). 8999 A s is r n n a u t Roll 1 Pva r d, cape Canaveral Legal Description: Lot Block Parcel ZS Subdv Section 15 Township 24 So Range 3.7 E a s t STATEMENT OF FACT: State of Florida, County of Brevard; I R n 9a r W . T)nh q nn . being duly sworn, depose and say that xx I am the property owner. I am the owners) designated agent. (notarized authorization required) Owners) Name(s): A 1 A Argn i ci t i nn rrnup T,td _ . LLP Address: 3425 N. Atlantic Avenue, Cocoa Beach, FL 32931 Houle Phon453-6841 WorkPhone799-4099 E-Mail, rogerhicb@aol.com Applicant(s)Names(s): Residence Inn -Cape Canaveral/Cocoa Beach Address: £A959 Acj-,rn.n..aut Roil 1Pvard. m Canav-1 , FL 32921 Home Phone Work Phone 323 - 1 1 0 (E-Mail All information, sketches and data contained Ind made part of this request, are honest and tru the best of m dge and belief. Signature 'ef Applicant Swarmto and subscrib1e� before me on this IL day of iOtt ean' :/'- , 20 . AAJA ,ac:29tV — Notary Public, State of Florida The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecouununication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92 ) MARGARET A. VONA Comm#000400243 111 �`ti? Expires 3/5/2009 _�,,� ' Bonded thru (800)43:2 ".' S N °u •Florida Notary Assn., Inc t ‘HA. From: City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF TH2 FOLLOWING INFORMATION ka,M BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1277. DATE: DPrPmher 9n, 2nn� J Residence Inn -Cape Canaveral/Cocoa Beach 1. NAME OF APPLICANTS)..._i r r. T i c i t i on . Group Ltd -.-,—LP ADDRESS (if assigned) 8959 _Astronaut Boulevard. Cape (`.anaveral PHONE# 323-1100 FAX# 9.21-1029 E-MAXL rogerhicb@aol.com 2. COMPLI;1'E LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL: ST2 ; OF SUBJECT PROPERTY IN ACRES: 6.20 acres SECFION: 15 TOWNSHIP 7 4 S'• RANGE 3 7 F s t DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Chapter 110 Section 171(a) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF RBQUEST) See attached 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M 1 ETC.) c -1 6. PROVIDE THIRTEEN (13) COPII <3 OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 Fran: (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining `- properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development (d) Adequate screening and/or buffering will, be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably . compatible with surrounding uses in its function, its hours ofoperation, the type and amount of traffic generated, structure size and setbacks, its relationship to Land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): _Residence Inn wishes to obtain a state liquor license in order to sell alcohalic beverages in hotel lounge and restaurant. 5 From: THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. e checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property. contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legl ile and the source of the information submitted stated here: This information was obtained from: B r e v a r d County A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. $. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 From: CITY OF CAFE CANAVERAL SPECIAL EXCEPTION WORKSldEF The purpose of this worksheet are two -fold: (J.) to assist the Planning and Zoning Board and the Board of Adjustment In the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, Light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. NO 2) Will the Special Exception create any unusual police, fire or emergency services? NO 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height;, buffers, off-street parking, sins, storage, landscaping, etc.? YES 4) Is there adequate ingress and egress, with pardcilar reference to auto and pedestrian safety and convenience, • traffic flow and control, and emergency access in case of fire or medical emergency? YES 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? YES 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? YES 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? YES 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? YES 7 From: 9) Is there adequate refuse and service areas? YES 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? YES 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? YES 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? YES 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? YES 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? YES 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? . • YES, with no liminations 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? Run=concurrently with the property 8 Division of Corporations Page 1 of 2 Florida Limited Partnership A1A ACQUISITION GROUP, LTD., L.L.P. r- PRINCIPAL ADDRESS 3425 NORTH ATLANTIC AVENUE COCOA BEACH FL 32931 US MAILING ADDRESS 3425 NORTH ATLANTIC AVENUE COCOA BEACH FL 32931 US Document Number A04000000705 State FL Last Event LLLP Statement of Qualification Actual Contribution 110,000.00 FEI Number 201065485 Status ACTIVE Date Filed 04/30/2004 Effective Date 04/30/2004 Event Date Filed Event Effective Date 05/03/2004 NONE Registered Agent Name & Address KANCILIA, JOHN R 1800 W. HIBISCUS BLVD. SUITE 138 MELBOURNE FL 32901 General Partner Detail Name & Address A1A ACQUISITION CORP. 3425 NORTH ATLANTIC AVENUE COCOA BEACH FL 32931 US Document Number P04000065329 http : //www. sunbiz. org/scripts/cordet. exe?a 1=DETFIL&n 1=A04000000705 &n2=NAMF... 12/28/2005 Division of Corporations Page 2 of 2 Annual Reports Report Year 2005 Filed Date 05/11/2005 i Previous Filing Return to List View Events View Name History Next Filing Document Images Listed below are the images available for this filing. 05/11/2005 -- ANN REP/UNIFORM BUS REP 05/03/2004 -- CORAPSTQUL 04/30/2004 -- Domestic LP THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: //www. sunb iz. org/scripts/cordet. exe? a 1=DETFIL&n 1=A04000000705 &n2=NAMF... 12/28/2005 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY RESIDENCE INN PARCEL r INTERSECTION or NORTH LINE Y WAY UNE tSOUTH TE 'O FEET of SECTION 15 N. UN£ OF S 3316.80' OF SECTION 15 S.89 28'37'E . 363.58' POINT OF COMMENCEMENT ‘'-‘,sc\4:/<(` $ QaG <17%19:11.45,( 0 30 100 200 GRAPHIC SCALE EXHIBIT "A" SHEET 1 OF 2 LLEN ngineering, Inc. SURVEYORS — ENGINEERS 106 DEHE LANE COCOA BE►CH, FLORIDA 32931 TELEPHONE: (321)763-7443 — VAX: (321)793-5902 UEBSITE: Kxn.aUeneng.net — EMAIL: infolalleneng.net 1. OAT: 1-J1-05 DRAWN BY. OJG L8 LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 -9O 5' LINE TABLE BEARING 53721'10E S52'39 00"W S25'31 '22 "W S3721 00 E S52'38 50'W S3721 ' 10 E S3721 '00 E N79'42' 15 E N52'39'00 E LENGTH 45.00' 164.78' 54.21' 270.04' 116.96' 299.60' 249.97' 54.35' 164.62' CO 0 0 m A 10 CO1 N 111 Cgi 0 CO SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION Et NOTES i EEEm PREPARED AND CERTIFIED FOR: AI ACQUISITION GROUP. Ltd., L.L.P. JOB NO. 030025 SCALE. 1 =200' DESCRIPTION NOT A BOUNDARY SURVEY c UiSurvey\Drawings- D)612003 1oA1nn'11wsofl RESIDENCE iNN PARCEL A portion of those lands described in Official Records Book 5288, Page 2196 and Officiol Records Book 5288, Pe Rouge 37 East,98 of the and being a !ic Records ofportion of being morerevard Cparticula y descyribed as follows.in Section 15, Township 24 South, Commence of the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Rood A-1—A; thence S37'21'10"E, olong said Westerly right of way line, o distance of 615.78 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue S3721'10"E, along soid Wester right of way line, a distance of 45.00 feet; thence S52'39'00"W, a . distance of 164.78 feet; thence S25'312210/, o distance of 54.21 feet; thence S3721'00"E, a distance of 270.04 feet, to the Southerly line of said lands; thence the following 3 courses along soid Southerly line: (1) S52'38'5014; o. distance of 116.96, feet; (2) 53721'10"E, o distance of 299.60 feet; (3) S52'38 50"W, o distance of 170.00 feet, to the most Southerly corner of said lands; thence N3721'1014 along the Westerly line of said lands, a distance of 1,137.27 feet, to the Northwest corner of said lands; thence S89'2837"E, along the North line of said lands, o distance of 363.58 feet; thence S37-21 00 "E, a distance of 249.97 feet; thence N79'42'15"E, a distance of 54.35 feet; thence N5739'00"E, a distance of 164.62 feet, to the POINT OF BEGINNING; Containing 6.20 acres, more or less. SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on o bearing of S3721'10 £, along Westerly right of way line. 3. • = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION EXHIBIT "A" SHEET 2 OF 2 LLEN ngineering, Inc. SURVEYORS - ENGINEERS 106 ODE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 - FAX: (321)783-5902 116BSITE: uux.alleneng.net - E11A14 inloWaUenenp.net SURVEYOR'S CERTIFICATION: 1 hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of the Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Administrative Code, pursuant to Chapter 472.027, f7orida Statutes. Not valid without the signature and the original raised seal of o Florida licensed surveyor and mapper. ALLE. Gi /' INC. OBERT /7 SALMON Profess.' al Surveyor & Mapper Florida Registration No. 4262 2. 1 JOB NO. 030025 DATE: 1-31-05 PREPARED AND CERTIFIED FOR: Al A ACQUISITION GROUP. Ltd., L.L.P. PREPARED BY AND RETURN TO: ROBERT W. WATTWOOD, ESQ. O=Brien Riemenschneider, P.A. 1686 W. Hibiscus Blvd. Melbourne, FL 32901 tIl_1e'nwinnsi11 CFN 2005049236 02-14-2005 08:22 am OR Book/Page: 5421 / 6998 Scott Ellis Clerk Of Courts, Brevard County .#Pgs: 12 #Names:2 Trust 6.50 Rec: 97.00 Serv: 0.00 Deed: 0.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 UNITY OF TITLE AND ACCESS LIMITATION AGREEMENT THIS UNITY OF TITLE AND ACCESS LIMITATION AGREEMENT (the ,'t4 , 2005, by and between A1A "Agreement") is executed as of the �.- day of ��P,�ad�Y Acquisition Group, Ltd., L.L.P., a Florida limited liability limited partnership, whose office address is 3425 North Atlantic Avenue, Cocoa Beach, Florida 32931 ("Developer") and The City of Cape Canaveral, a Florida municipal corporation ("City"). WITNESSETH: WHEREAS, Developer has acquired two contiguous parcels by deeds recorded in O.R. Book 5288, Page 2196 and O.R. Book 5288, Page 2198, all of the Public Records of Brevard County, Florida (the "Property"); and WHEREAS, Developer anticipates developing the Property as three parcels (identified as the Residence Inn Parcel, Out Parcel 1 and Out Parcel 2 in attached Exhibit "A") pursuant to a site plan approved by the City (the "Site Plan"); and WHEREAS, the Residence Inn Parcel as described in Exhibit "A" consists of a portion of the lands described in O.R. Book 5288, Page 2196 and a portion of the lands described in O.R. Book 5288, Page 2198, all of the Public Records of Brevard County, Florida; and WHEREAS, the City, as a condition of Site Plan approval, has required that the Developer execute and record this Agreement to demonstrate unity of ownership and title as to said Residence Inn Parcel; and WHEREAS, Developer and the City desire to have the Residence Inn Parcel recognized as one parcel for development purposes under the City's land development regulations; and WHEREAS, the City as a condition of Site Plan approval has required that the Developer restrict access from adjacent State Road No. A-1-A ("Al A") to Out Parcels I and 2; and WHEREAS, Developer and the City desire to formally preclude curb cuts from Out Parcels 1 and 2 to Al A. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, Developer and the City agree as follows: S \realeslb-drive\AI A acquisition\Unity of title Agree nenl2 - 02/03/05 i�IlY9� NNE CFN:2005049236 OR Book/Page: ' 5421 / 6999 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. Developer represents and warrants that it possesses fee simple title to the Property, including the Residence Inn Parcel and Out Parcels 1 and 2 as described in Exhibit "A" attached hereto. 3. Developer agrees, as a condition of Site Plan Approval, that the Residence Inn Parcel shall be unified in ownership and title for development purposes upon recording of this Agreement; and Developer further agrees not to sell, convey or assign any interest in the Residence Inn Parcel which would cause the loss of unity of ownership of title, without first obtaining the written consent of the City. 4. Developer agrees, as a condition of Site Plan Approval, that Out Parcels 1 and 2 shall not access A1A directly through curb cuts on AlA without the prior written consent of the City. 5. Developer agrees and consents that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by the Developer. 6. Developer agrees that the provisions of this Agreement shall be binding upon the heirs, personal representatives, successors and assigns of Developer; and that this Agreement shall run with the land. 7. Al A Acquisition Corp., a Florida corporation, as general partner of the Developer, hereby represents and warrants that it has the right to execute this Agreement and bind the Developer to the terms and condition hereunder. IN WITNESS WHEREOF, Developer and the City have hereunto set their hands and seals as of the day and year first above written. Signed sealed and delivered in our presence: Gt� 1471Pfd Witness V Vt , WI\6PP) Print Name:1l {�/' Witness l Print Name: /1; S:\realest\o-drivclA I A acquisition \Unity of title Agreement2 - 02/03/05 A1A ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability partnership By: A1A as its Ge By: 2 cquisition Corp., a Florida corporation al Partner Dobson, as its President it. STATE.OF FLORIDA COUNTY OF BREVARD CFN:2005049236 7000 OR Book/Page: 542 1 / The foregoing instrument was acknowledged before me this 4��' day of ntaV , 2005, by Roger Dobson, President of A1A Acquisition Corp., a Florida corporation, as General Partner of A1A Acquisition Group, Ltd., L.L.P., a Florida limited liability limited partnership, on behalf the partnership, G who is personally known to me, or-G-whe. prod#eedas-identification. dadiqa Notary Public My commission expires: " LAURA. SPRERY .; •, :. MY COMMISSION 100 304595 ��•Y,:� EXPIRES: March 28, 2008 TM; DotdrdTNoblyPublic Urdereators 3 S: realest o-drive\Al A acquisitionlUnity of title Agreement2 - 02/03/05 .x. THE CITY OF CAPE CANAVERAL, a Florida IPmunicipal corporation'';(N•IAVE t r ca r'ir •'c-0,• ByC,6)C,► t,i ;•: e ', ., - a Rocky Randels, Mayor rya L OD. WE' „ STATE aF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 10 - day of ' L i r4t»,,AA , 2005, by Rocky Randels as Mayor and Susan Stills as City Clerk of The City of Cape Canaveral, a Florida municipal corporation, on behalf the City, G who are personally known to me, or G who have produced as identification. rr"irr+ VIRGINIA S. HAAS ' a / COMMi .SlOM # DD 1B1049 EXPIRES: Arnim 30, 2007 emits ? rs N,•, 7 PublIcUndwrIlets APPR ED AS TO LEGAL FO SUFFICIENCY: Anthony k. Garganese, City Attorney S:\realest\o-drive\AIA acquisition\Unity of title Agreement2 - 02/03/05 t)4144,L,-- 52 V444-0-- Notary Public My commission expires: 4 I� iIIII1$ll cFN:20056492 5421 1 7001 OR Book!' This instrument prepared by and return o: Philip F. Nohrr, Esquire GrayRobinson, P. A. 1800 West Hibiscus Blvd., Suite 1 Melbourne, FL 32901 File No. 95000-94 WARRANTY DEED 1111111111111111111111 CFN 2004145759 05-10-2004 04:18 pm OR Book/Page: 5288 / 2198 . #Pgs: Trust: Mtg: Scott Ellis Clerk Of Courts, Brevard County 3 #Names: 2 2.00 Rec: 13.00 Serv: 0.00 12,147.10 xcise: 0.00 0.00 Int Tax: 0.00 7�- THIS WARRANTY DEED, made this JI' day of: May, 2004 by CAPE HOTEL ASSETS, L.C., a Florida limited.. liability company (FEI 59-3444720) , whose mailing address is325 Fifth Avenue, Indialantic, FL 32903, hereinafter called the "Grantor", to A1A ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability partnership, whose mailing address is 3425 North Atlantic Avenue, Cocoa Beach, FL 32931, hereinafter called the "Grantee":(wherever lased herein the terms "Grantor" and "Grantee" include all of the parties to this instrument and the heirs, legal representatives and assigns o(indiridral; and the successors and assigns of corporations) Witnesseth: That the Grantor, for and in consideration of the sum of $10.00 and other valuable consideration, 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, State of Florida, viz: See Exhibit "A" attached hereto and by reference incorporated herein Parcel ID: 24-37-1500-25 Subject to taxes and assessments for the year 2004; Subject to easements, restrictions, reservations and covenants of record. Together with all 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. # 72215 vl IN'WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: 10,44 ,= Print Pt. I; P F Nape., LIT Print na no CAPE HOTEL ASSETS, L.C., a Florida limited liability company Lauren B. Koonin, Managing Member STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 0 ^ day of May, 2004 by Lauren B. Koonin, as Managing Member of Cape Hotel Assets, L.C., a Florida limited liability company, on behalf of said company (r/jwho is personally known to me; or ( ) who provided a Florida drivers license as identification, and who ( ) did (did not take an oath. My Commission expires: 1 I. 60,`, FICFIERT '+`_ MY COA11SSi0N 10C 972946 _2,7_ # 72215 vi Notary I Jzblic State of Florida SalleIBII AII�II CFN:2004145759 2200 OR Book/Page: 5288 EXHIBIT "A" A portion of Section 15, Township 24 South, Range 37 East, the City:of Cape Canaveral, Brevard County, Florida more particularly described as follows: Commence at the most Northerly comer of that parcel as described in Official Records Book 3064, Page 2885 of the Public Records of Brevard County, Florida; thence N 37 degrees 22' 12" W, along the West right of way line of State Road 401, a 100.00 foot right of way, 435.60 feet to the point of beginning; thence continue N 37 degrees 22'12" W, along said right of way, 311.85 feet to the Southeast comer of that parcel as described in Official Records Book 2704, Page 1181 of the Public Records of Brevard County, Florida; thence N 89 degrees 27'20"W along the South line of said parcel, 633.75 feet; thence S 37 degrees 22'12"E, 701.26 feet; thence N 52 degrees 37'48" E, 500.00 feet to the point of beginning. "!MNIIw'e11! This Document Prepared By and Return to: GARY B. FRESE, ESQ. (LB) FRESE NASH i HANSEN, P. A. 930 S. HARBOR CITY BLVD. #505 MELBOURNE, FL 32901 Parcel ID Number: 24-37-15-00-829 Warranty Deed This Indenture, Made this 6 Y4' C. WAYNE THOMPSON of the County of Brevard - A1A ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability limited partnership whose address is: 215 BAYTREE DRIVE, MELBOURNE, FL 32940 day of May Scott Ellis Clerk Of Courts, Brevard County #Pgs: 2 #Names:2 Trust 1.50 Rec: 9.00 Serv: 0.00 �• 5,703.60 Sxcise: 0.00 Mtg: 0.00 Int Tax 0.00 , 2004 A.D., Between of the County of BREVARD state of Florida , grantor, State of Florida , grantee. and Witnesseth that the GRANTOR for and in consideration or the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Brevard . State of Florida to wit: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID SECTION 15 WITH THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 401, A 100.00 FOOT WIDE RIGHT OF WAY PER FLORIDA S.R.D RIGHT-OF-WAY MAP SECTION 70080-2202; THENCE SOUTH 36°44'29" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 819.52 FEET TO A POINT LYING 435.60 FEET NORTHWESTERLY, AS MEASURED ALONG SAID RIGHT OF WAY LINE, OF THE NORTHEAST CORNER OF THOSE LANDS AS RECORDED IN OFFICIAL RECORDS BOOK 3064, PAGE 2885, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 36°44'29" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 136 FEET TO A POINT; THENCE DEPARTING SAID RIGHT OF WAY LINE, SOUTH 53°15'31" WEST A DISTANCE OF 330 FEET TO A POINT; THENCE SOUTH 36°44'29" EAST A DISTANCE OF 299.60 FEET TO A POINT; THENCE SOUTH 53°15'31" WEST A DISTANCE OF 170 FEET TO A POINT; THENCE NORTH 36°44'29" WEST A DISTANCE OF 435.60 FEET TO A POINT; THENCE NORTH 53°15'31" EAST A DISTANCE OF 500 FEET TO.A POINT, SAID POINT BEING THE POINT OF BEGINNING. (Continued on Attached) and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed ealelivered in our presence: Printed N Witness STATE OF Florida COUNTY OF Brevard The foregoing instrument was acknowledged before me this C. WAYNE THOMPSON C. WA T P.O. Address: C7018 ' : IS S BOULEVARD #125 Melboeroe, FL 32901 (O /� day of �i'Qy he is personally known to me or he has produced his Florida driver' cen a ntification. +`y�7 ry'. =N' '�:': Cary& Tress ?� 4 MYCOMAMISSION# CC988967 EXPIRES January 26, 2005 ••..a t . lONaso MK, Mr TAN INSURANCE, Nc Prin =d ame: Notary Public My Commission Expires: 204-0012 Laser Generated by 0 Display Systems, Inc, 2003 063) 763-5555 Form FLWD-I , 2004 by Warr- -ty Deed -Page 2 Parcel ID Number: 24-37-15-00829 11IliI CFN:2004145758 OR Book/Page: 5288 / 2197 The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to December 31, 2003. Law Gemmed by 0 Di plq Spleens, Inc., 2003 (663) 763-5555 Form FLWD-I Page 1 of 1 • • a.; ?J�..m? , r ice::,.... $... View Map '.. ; Aerial Chan Locate Parcel ID Locate. Zoom to . __.... __......... .................. Brevard County Printable Version Map -: Preview, - Check below then Update Parcels M ZonCnty El ZonCity GolfCourses El Schools El Libraries RoadNames El Sections fp Water ;Update Help Legend http://www.brevardpropertyappraiser. com/temp/graFrame20060118121629862.html 01/18/2006 December 30, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request No. 05-16 f4teefil# Notice is hereby given by the City of Cape Canaveral, that Roger Dobson, A1A Acquisition Group Ltd., LLP representing Residence Inn., 3425 Atlantic Ave., Cocoa Beach, FL 32931 has requested a Special Exception to Allow consumption of Alcoholic Beverages at 8959 Astronaut Boulevard, Cape Canaveral, FL 32920 (Residence Inn) pursuant to the Cape Canaveral Code of Ordinances, Section 110-171 (a)(2)(b). Legal Description: Township 24, Range 37, Section 15, Parcel 25.0 (Residence Inn, 8959 Astronaut Boulevard, Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 25, 2006, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above -named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk View Legal Ad# til9319 Page 1 or 1 Print Window Close Window AD#679319-2/3,2006 Notice of Public Hearing The Board of Adjustment, City of Cape Canaveral, Florida, will hold a Public Hearing for the purpose of considering a Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Monday, February 13, 2006 at 7:30 P.M. Special Exception Request No. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. Special Exception Request No. 05-16 to Allow On -Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L. Chapman Secretary to the Board of Adjustment AD#: 679319 Publication: Florida Today First Published: 02-03-2006 U http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=20491 2/6/2006 ELZ = 1NflOD ONI)12iVd INFORMATION ON THLS SHEET IS COPYWOHIEO CONFlOENTIAL MATERIAL. WHICH_ PROVIDED TO THE RECIPIENT FOR THE COORDINATION OF I15 WORN 4 WRH POO. IT SHALL NOT BE COPIED OR PROVIDED To ANY OTHER PARTIES FOR ANTHI Y USE. S MIFORIATION SUPPIUED IS SU CT TO CHANGE AT THE DISCRETION OF POO MO IT IS THE RESPONSIBRJIY�OP THE RECIPIENT TO REQUEST PERIODIC UPDATES. iogg RESIDENCE INN CAPE CANAVERAL, FLORIDA JURISDICTION ;9;omn.V m• ,=o � 0 0 - 0 , - C (C] 0 a � m Q. Z1 = — BIS PTp0SCToR OFDISTEWORK EFFORTS wow PDC. rtO INFORMATION ON THIS SHBET NAL rg_CONED OR PROVIDED TO ANY OTHER P FOR ANY THIS INFOR SUBJECT TO COWING* T1E1CRETION i IT RESPONSIBILITY OFF IHE RECIPIENT TREOUESf PERIODIC d �8a RESIDENCE INN CAPE CANAVERAL, FLORIDA JURISDICTION M gm n.V 0=0-'00 o c.d 0".12. °aZ± 7 _ -' .,IIIIIIIIIIIII1' '''RI�Ihfr INFORLLATIO.. ON THIS SHEET IS COPYPoOMlEO CONSOENTIAL L.ATERIAL WHICII IS PROVIDED TO THE RECIPIENT FOR THE COORDINATION OF ITS WORK EFFORTS WITH PDC. 0 SHALL NOT BE COPIED OR PROVIDED TO ANY OTHER PARTIES FOR ANY USE. THIS INFORLIATON SUPPLIED IS SUBJECT TO CHANGE AT THE SSCREION OF POO ANO IT IS THE RESPONSIBILITY OF THE RECIPIENT TO REQUEST PERIODIC UPDATES.! w RESIDENCE INN CAPE CANAVERAL, FLORIDA JURISDICTION »m 0 DG b 4 .♦ c4 • 000 474 EEO s 0 O 1 INFORMATION 011 THIS SHEET IS COPYRIGHTED CONFIDENTIAL WTERIAL WHICH IS PROVIDED TO THE RECIPIENT FOR THE COORDINATION OF ITS WORK WITH POO. R SHALL NOT OE COPIED ON PROVIDED TO ANY OTHER PARTIES FOR ANY USE THIS INFORMATION SUPPLIED IS SUBJECT TO CHANGE AT THE DISCRETION OF POG AND IT IS THE RESPONSIBILITT OF THE RECIPIENT TO REQUEST PERIOOIC UPDATES. RESIDENCE INN CAPE CANAVERAL, FLORIDA JURISDICTION 0 v ro o om00-ICJO o o V co. 0 °: c C(0 O a1.o.e =- Dr) cx.) R PROVIDED TOANYOI IERR PAwanE3 FORORMATION ON THIS SHEET M S1 PP SUEIJEECT TO CHANGTERIAL WINCH IS PROVIDED E AT THE MORE ION Of THE RECIMIDIT FOR 'nig OG IT IS DINATRIN OFE UIY OFWORK PRORTS FTTHE RECIPIENT NT 10 REOVEST PF YO V >os o. z z RESIDENCE INN CAPE CANAVERAL, FLORIDA 1URISDICflON M9,o000av s a= o-s0 0 = g ft 0 N,� uo�.C�] 0 a1•onv DU. Z� • 113 nnl, as ?I 1 butri INFORMATION ON THIS SHEET IS COPYRICNIEO CONFIDENTIAL MATERIAL WHICH IS PROMOEO TO THE RECIPIENT FOR THE COORDINATION OF ITS WORN EFFORTS WITH PDC. IT SHAU- NOT BE COPED OR PROVIDED N TO AY OTHER PARTIES FOR ANY USE. THIS INFORMATION SUPPLIED IS SUBJECT TO CHANGE AT THE DISCRETION OF PDC O R IS THE RESPONSIBILITY OF THE RECIPIENT TO REQUEST PERIODIC UPDATES. RESIDENCE INN CAPE CANAVERAL, FLORIDA • e tip Clt7 ▪ 2m o 0 No o r C a-1 0 m 5 m Z W C 1 0 Z m r m 0 Z P = 0111EM AES F U T1M171NFNOR ATIO`N SUPPwT " IS SUBJ a TOgtE ATE THE TIZ FETO TMOF PD° wiS f. RESPOIISIBNf OF TIrt RECI&P00 TO REQUEST rigo& UpP pAl6 RESIDENCE INN CAPE CANAVERAI, FLORIDA 1Ol<Fa.-,,.,a ? ° (D O =. = o o 0 N, _e °=.- Ccc CJ to ensure that the project meets the applicable code requirements. After reviewing the project, please advise Miller Legg & Associates (MLA) of your approval or comments and concerns. MLA will be handling the tracking of this project and all future projects for the City of Cape Canaveral. You may submit your comments via email to TPeetz@millerlegg.com, via fax at (407)629-7883. or via mail to 631 South Orlando Avenue, Winter Park, FL 32789. If you use the email, please include the name of the project in the subject line. Please submit you review comments as soon as possible. Thank you. TO: of( - MEMORANDUM Stottler Stagg & Associates, attention Joan Sottoriva CCVFD Fire Official Public Works kROM: Todd Peetz, Miller Legg & Assoc. CC: Building Official w/o attachments DATE: 246i8r RE: :u,[ -ce.e44-. ' A(G®io/ Review Fee Collected: • Please review the attached it ..1 submittal of the above referenced .leE c�� � K W4Ltilv-k C4) CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The Residence Inn Site Plan has already been approved. This request for Special Exception for on premise consumption of alcohol should not create an adverse impact to adjacent properties. It is assumed that most lounge patrons will be hotel guests. Therefore the alcohol is expected to be served primarily to internal guests already in the vicinity, which should not affect the adjacent properties. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The Special Exception shall meet all the requirements of the zoning district in which the request is to be located. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Adequate ingress/egress potential exists. Access to the subject site can be gained from Astronaut Boulevard. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Adequate parking currently exists as approved in the Residents Inn Site Plan. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are available to the subject site. 7) Is there adequate sci,;ening and/or buffering provided to ,protect and provide compatibility to adjoining properties? Applicant must meet the screening and buffering requirements of Chapter 102, City of Cape Canaveral Code of Ordinances. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? All lighting and traffic safety requirements must be meet according to City of Cape Canaveral Code of Ordinances. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site meets the setbacks, landscaping and open space requirements of the zoning district. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed development is consistent and compatible with the surrounding uses. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This `Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? 2 To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zoning North South East West C-1 C-1 A-1-A R-3 CONSIDERATIONS SETBACKS: Yes MEETS CODE COVERAGE: Yes MEETS CODE LOT SIZE: Yes MEETS CODE DENSITY: Yes MEETS CODE HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) ADDITIONAL REFERENCES PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. 110-491 NA NA 110-566-567 X NA NA NA Applicability Yes No X X X NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or i esignee: f f / 7 (bc Signature: 4 Planning & Zoning Board Meeting Minutes January 25, 2006 Page 5 Following discussion the Board members concluded that: 1. A special exception is not a vested right. It is a speculation on obtaining special use permission. 2. This is an established, unique neighborhood of single family, one story homes. 3. The main criteria for a special exception is neighboring compatibility. 4. This is not a compatible use. Motion by Lamar Russell, seconded by Donald Dunn to recommend denial of the special exception request because it is not compatible with the surrounding use. Vote on the motion carried unanimously. Recommendation to the Board of Adjustment - Special Exception Request No. 05-16 to Allow On -Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Ranqe 37 East, Parcel 25, (8959 Astronaut Boulevard) - A1A Acquisition Group Ltd, LLP, Petitioners. Todd Peetz, City Planner, advised that a hotel is exempt from the 2,000 ft. distance requirement from other like establishments. Patrick Looney, representative for the Petitioner, testified that the alcoholic beverages would be served in the bar, restaurant, and patio area. He advised that the hotel will provide a complimentary breakfast; the restaurant would not be open for lunch or dinner; there will be a complimentary social hour for their guests with free drinks and horsd'oeuvres from 5:30-7:30 p.m. The Board members reviewed the submitted site plan depicting the areas where the alcoholic beverages will be served. Discussion followed. Todd Morley, Building Official, verified that the area where the alcoholic beverages would be provided consisted of a total of 18 seats. Todd Morley read a letter from John and Blanche Petrovic, residents, 8954 Puerto Del Rio Drive, opposing the request. Pat Looney, representative for the Petitioner, rebutted to the letter explaining that the bar is to primarily serve the hotel guests as an added amenity; there would be no advertising signage inside or outside the bar; and the use will keep hotel guests from driving to drink somewhere else. Brief discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-16 to the Board of Adjustment. Vote on the motion carried unanimously. 5. Discussion Re: Tourism in the C-1 Zoning District. Todd Peetz, City Planner, advised that a special workshop meeting has been scheduled with the City Council, Planning & Zoning Board, and Business Cultural and Development Board on January 31, 2005 at 5:30 p.m. to discuss this issue. to 14. J{ rig t 1 i 41. 1 L.4 so .a' ••:ti.i2••�t•.ii••K�, •� 46'44 .414 L t� 7. COBw[. DR t5r , - I ' V