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HomeMy WebLinkAboutAgenda Packet 10-26-2005S ce, tiKti rsfor �.� Scadtti b. Recommendation to the City Council - Preliminary Repl-t of :eachside AdditionAddition, Replat of Lot 13, Block 5, Avon by the Sea q�wt Subdivision - John Johanson, Applicant. ►. n 4. - ecommendation to the Board of Adjustment - Variance Request No. 05-11 to Allow Two Signs of Approximately 128 square feet on Each End of the 468 foot Building Front at (8959 Astronaut Boulevard), Section 15, Township 24 South, Range 37 East, Parcel 25.0 - Roger Dobson, A1A Acquisition Group Ltd., LLP, Representing Residence Inn, Petitioner. 2. Recommendation to the Board of Adjustment - Special Exception Request No.� �'' A s� IM F ti/ 05-07 to Allow Outside Storage of Automotive Vehicles, Camping Equipment, �bH s ko�X oo ws. Boats, Trailers and Recreational Equipment; and 24 Hour On -Site Security at gek� o,t (8708 Commerce Street), Section 15, Township 24 South, Range 37 East; arce• ' 764.0 - Kurt Ronstrom, Petitioner ' t °`\\6`"M P `' ''^5r �;` �" �'�` ` �'� " -V"`Mb CuA7 �"`� Gj (a�i tiefrvok, PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE OCTO: 6 2005 Call to Order Roll Call NEW BUSINESS 111 ‘°4 ‘#' 1. Motion Re: Approval of MeetingMinutes for October 12, 2005. pp 'cVo" (V&I W�� v Recommendation to the Board of Adjustment - Special Exception Request No. 05-12 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, ,and 35 - Randy May, Petitioner. Recommendation to the Board of Adjustment - Variance Request No. 05-06 to Allow a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries at (245 Challenger Road), Section 15, Township 24 South, Range 37 East, All of Parcels 29, 33, and Part of 2, 3, 31, and 35 - Randy May, Petitioner. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Planning & Zoning Board Meeting Agenda October 26, 2005 Page 2 7. a Recommendation to the Board of Adjustment - Special Exception Request No. / �h 11 05-13 to Allow Residential Use in the Commercial Zoning District at (8705 N. 0�o� J�Atlantic Avenue), Section 14, Township 24 South, Range 37 East, Parcel 28, eD.01, D.03, and C.01, Tuetons Subdivision - Kevin D. Markey, Seaboard \ pR onstructors, U.C, Designated Agent for Howard and Betty Gould, Petitioners. � � 04a.m5 8. k Recommendation to City Council Re: Proposed Ordinance for Land Clearing for tr4;14. Three Dwelling Units or Less - Anthony Garganese, City Attorney. a�4%ovr, v ws,,,,, OPEN DISCUSSION Cj'p\%‘, _ �ct Auktfi o "- pIC+ 2- cket jtv) ADJOURN 11.;�, Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 12, 2005 A Regular Meeting of the Planning & Zoning Board was held on October 12, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7-:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Alice Filteau Donald Dunn Shawn Schaffner OTHERS PRESENT Susan Chapman Todd Peetz Anthony Garganese NEW BUSINESS: Chairperson 1st Alternate 2nd Alternate Board Secretary City Planner City Attorney 1. Approval of Meeting Minutes: September 14, 2005. Motion by John Fredrickson, seconded by Bea McNeely to approve the meeting minutes of September 14, 2005. Vote on the motion carried unanimously. NEW BUSINESS: 1. Motion to Recommend to City Council: Revised Site Plan for Bayside Condominiums (Removal of Sidewalks) - William M. Young, Applicant. Todd Peetz, City Planner, pointed -out the areas where Mr. Young was requesting the sidewalks be removed. He advised that sidewalks are required in the front of the units, along the parking areas, areas providing access to the multi -story building, and community swimming pool. He noted that the only sidewalk that could be removed was the sidewalk around the N. side of the retention pond. He advised that the Public Works Director had requested that the sidewalks along the full length of the pool area remain and extended to the street. He advised that the City Engineer recommended that the eastern crosswalk to the pool area should remain, along with the sidewalk segment adjacent to parking areas, as per the original site plan. Mr. Young explained reasons why he was requesting some of the sidewalks not be installed. He noted that the retention pond is sloped and 9 ft. deep in the middle, with ducks and a fountain. He noted that a sidewalk around the retention area would be an attractive nuisance and safety concern. He entered a highlighted exhibit of the site and noted the sidewalks that existed; the proposed sidewalks to omit; and what sidewalks should be installed. Discussion followed. Motion by Lamar Russell, seconded by Alice Filteau, to recommend the sidewalks highlighted in Orange on Exhibit A be installed, and the other sidewalks highlighted in yellow be omitted. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes October 12, 2005 Page 2 Motion to Recommend to City Council: Proposed Ordinance Regarding Land Clearing for Three Dwelling Units or Less - Anthony Garganese, City Attorney. Anthony Garganese, City Attorney, gave an overview of the proposed ordinance. The Board members made various recommendations to make the verbiage of the proposed ordinance for three units or Tess more consistent with the existing landscape code for four or more units. Following discussion, the City Attorney agreed to make the recommended changes and to bring the proposed ordinance back to the Board for further consideration. 3. Election of Vice Chairperson. Bea McNeely nominated John Fredrickson. Alice Filteau and Shawn Schaffner nominated Lamar Russell. Discussion followed. Motion by Donald Dunn, seconded by John Fredrickson to elect Lamar Russell as Vice Chairperson. Vote on the motion carried unanimously. OPEN DISCUSSION John Fredrickson distributed an advertisement for short-term stays at Royal Mansions. He voiced his concern that the ad was misleading because the ad did not stipulate a minimum length of stay. He advised that there was a wedding reception at one of the short-term rental units previously identified in earlier meetings. The reception was loud and noisy. A few other Board members knew which party he was referring too. Additional discussion followed regarding some Board members being uncomfortable with notifying the sheriff for fear of retaliation. There being no further business for the Board to consider the meeting was adjourned at 8:45 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary 1 Meeting Type: Planning and 'Zoning Board Meeting Meeting Date: 10/26/05 AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL BGEND4 Heading Special Exception 05-07 Item #2 No. SUBJECT: Special Exception Request 05-07 to allow outside storage of vehicles, boats, trailers, camping and recreation equipment and 24-hour on -site security. DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny a special exception for outside storage of vehicles, boats, trailers, camping and recreation equipment and 24-hour on -site security. Summary Explanation & Background: The applicant is K.M.D. Ship Repair, they have requested a special exception for outside storage and 24-hour security as a result of a code enforcement violation. The property is storing numerous vehicles and equipment and had a 24-hour security trailer, without a special exception. The corrective action 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 Code Enforcement Information, #6 Staff Report on the Special Exception. City Planner's Office Department: Building Department Arida. Ilem 2- ilk MeetingsType: board of Adjustment Meeting Date: 11/14/05 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Special Exception 05-07 Item No. #2 SUBJECT: Special Exception Request 05-07 to allow outside storage of vehicles, boats, trailers, camping and recreation equipment and 24-hour on -site security. DEPT./DIVISION: Building Department Requested Action: Consider recommendations for denial of Special Exception 05-07 by the Planning and Zoning Board for a special exception for outside storage of vehicles, boats, trailers, camping and recreation equipment and 24-hour on -site security. Summary Explanation & Background: The applicant is K.M.D. Ship Repair; they have requested a special exception for outside storage and 24-hour security as a result of a code enforcement violation. The property is storing numerous vehicles and equipment and had a 24-hour security trailer, without a special exception. The corrective action 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 Code Enforcement Information, #6 Staff Report on the Special Exception. City Planner's Office Department: Building Department (0- City of Cape Canaveral Building Dep artme! t -4046,1*-405-tri it before me on this 11,E day of Ri,�c w coos (Please Print Legibly or Type) 121' Fr .ID fPa5 -13 'e.r i*ec- X 55 C.S. EECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST -1+hotu- an-�� . s e�L���y and 6 4541Sin- Speriai Exception its for what pturpoCe (Brief Descri fon A v io b k., I! ict ja '5 or Du &tore .fdn.' re P Address of request (if applicable) 840e, = Legal Description: Lot Block Parcel'769.0 Subdv Section 15 Township 213 Range 37 E STATEMENT OF FACT: State of Florida, County of $reward; I -Ku 174;.‘..-raMbeing duly sworn, depose and say that I amine property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): € . 'j ddress: 33q9reureS C c-0 a- FL_ 3 z7 Z a ) ?-come Phlne 6 6 i - i4 4"2 - Work Ph 2 " 1 r'� E-Mail f<� t , FPS �Cau tel-i lu 44sT' Applicants) Names(s): KU. f f e ffo V Address: 5(5,alrY6,�)�,,, ee�. J� Home Phone 5<'ork'PSone E-Mail All information, sketches and data contained and made part of this request. are honest and bof,}y1odge and belief. Signature of Applies it 0 Sworn t TARYPUBLIC•SIATE OF FLORIDA Susan L. Chapman Commission #DD384306 Notary Public, State of Florida Expires: MAR. 23, 2009 Bonded Tktru Adangc Bondink 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 Bnasd 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 CanaveralAPPLICATION FOR SPECIAL EXCEFr1ON Thig ap p tication must be legibly completed and returned, with all enclosures r,..- ten) dt referred to tt'ieie'u'I, to the Building DeI'iar`'iicI'►� uiT a iT`ii '��ia�2 sri�iliu�:y�.zu a•. (sixty (60) days .tor 'Telecommunications Towers) prior to the next regularly -scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommenda ion 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 lime of the meetings. The Planning & Zoning Board holds regular meeting on. the 2nd and 4th Wednesdays of every month at 7:30 pm. 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: 1. NAME OF APPLICANT(S) I<uroc e . ADDRESS (if assigned) 8408 SMeur PHOIE1-'2-6 8 -1 ' o S FAX 1 f3 it - SE CS-E./14AIL gv T-- c ® r. k ' 2. COMPLETE LEGAL DESOZIPTION OF PROPERTY: (T OF GOV T LOT: 3 BLOCK: SUBDIVISION: PARcL: �y? / SIZE OF SUBJECT PROPERTYIN ACi ES: `Jitrc 17G� 0 SECTION: 15 TOWNS -IT ,`} 55 4.ANGE ?`? F DEScRIPTION: • 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EX.Aiv PLE, ARTICLE X, SECTION 2) • 4. COBW EB rE THE A TTAOEIED WORTHEET LN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) a 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) * 6. PROVIDE THIRTEEN j (13)/COPIES OF SITE PLAN OR APPROPRIATE DRAWINGS) SHOWLNGTILE 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 adj: rin ing properties. (c) .Adequate-andproperly-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 und1e glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land vai1es 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): FOR 0I,Afc5IDE SToRf.gE/J-1-4L automotive vattcles, Caen p i r�q ,e $u:tp+metl, beds, -frcz l ens, re uea; tonal Vit rtn . a,A z1 h o r Orl -st -� ; -"ef l I ri% y THR FOLLQ G ENCLOSURES ARE E NEEDED Tn COl►, PLE •E 'I :mIS *P 4 receipt from Finance Depar ent for $250.00 Application Fee. * Paid receipt from Finance Depaitinent 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 rnaili.ng ad.& caocs (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: A property map showing properties within the 500 ft. radius, clearly outii i _g the subject property, The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. ''There 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 prop rty. 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 CITY : F CAPE CANAVERAL SPECIAL EXC:U=110N WORKSHEET The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment �{.�.w� ..t I�1 the eva uatior. of all c'iterza relevant :nt to the application. aile LJUQr tiI .CIVI 4ijµalea as in a �ruauua,iva•�., and (2) to educate the applicant as to the criteria which riiiust 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 indicaiorn�that the request for special exception may be rejected or that the application VG may not acceptable for pr oceesiang. (_RI l r K iA (Banding 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 wo'uid not have been created had the property been developed as a principle use in the applicable zoning district N0 2) Will the Special Exception create any unusual police, fire or emergency services? N 3) wail the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirem its, building setbacks requirements, Iot coverage, height:, buffers, off-street parking, signs, storage, landscaping, etc.? 4) Is there adequaW in ess and egress, with particular reference to auto and pedestrian safety and convenience, • tic flow and control, and emergency access in case of fire or medical emergency? AI Is there adequate off-street parking and Loading areas -available without creating undue noise, glare, odor or other detrimental effect upon adjoining property owners? YTs Is there adequate and properly located utilities available or may be L1_ provided 4 r p sedl development 1 pmo(if reasonably to Set do the proposed d te.ot, :2t Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? YE 8) Are signs and exterior lightingg,. 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? -s 7 (GD 9) Is there adequate refuse and service areas? YES backs,andscapingi and -open-space-met-the-requir e 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? 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? )1E-5 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? IES 15) Should the Special Exception be granted with any noted liniittb.ons, restrictions and/or conditions? • t. S 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? 'YES (t0T') • AFFIDAVIT -BE T' ACKNOWLEDGED, that Kurt E. "Ronstrom of Cape Canaveral, Florida, the undersigned deponent, being of legal age, does hereby depose and say under oath as follows: I, Kurt E. Ronstrom, hereby appoint Lars Holvfe of Cape Canaveral, Florida to be my representative at the next regularly scheduled Planning & Zoning Board Meeting September 2005. And I affirm that the foregoing is true except as to statements made upon information and belief, and as to those I believe them to be true. Witness my hand under the penalties of perjury this 23day of Septemr 2005. Kurt E. Ronstrom 8708 Commerce Street Cape Canaveral, Florida STATE OF FLORIDA COUNTY OF BREVARD On September 23'd before me, Kurt E. Ronstrom, personally appeared. Kurt E. Ronstrom, personally known to me (or subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sworn to and subscribed to me on this 23'a day of September, 2005 Notfry Public, State of Florida JOY DAINE 'a, :,r_ MY COMMISSION # DD 237771 EXPIRES: August 3 2007 Banded mru Notary Public Unde wt ters i Affiant Known Unknown ID Produced DL# e523- 500.•vqS ,C) (Seal) • 4 City of Cape Canaveral August 19, 2005 NOTICE OF PUBLIC HEARING THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-07 Notice is hereby given by the City of Cape Canaveral, that Kurt E. Ronstrom of 8708 Commerce Street, Cape Canaveral, FL 32920 has requested a Special Exception for Outside Storage of Automotive Vehicles, Camping Equipment, Boats, Trailers and Recreational Equipment; and 24-Hour On -Site Security, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110- 354(C)(1) and 110-354(C)(12) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 15, Parcel 764.0 (8708 Commerce Street, 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, September 28, 2005, 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 whichihe appeal is to be based. _ This notice does not -- - - constitute consent by the City far 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 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Owner of the property Kurt E. Ronstrom Respondent(s): Kurt E. & Norma L Ronstrom, Trustees Case No: 2005-00019 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to correct the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondents) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 8708 Commerce Street, Cape Canaveral 2. Name and address of owner(s) of Property where violation(s) exist(s): Kurt E. & Norma L. Ronstrom, Trustees 3395 Grape Street Cocoa, FI 32926 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com able to meet the minimu 3. Description of Violation(s) at Property: Sec. 110-354. "Special exceptions permissible by board of adjustment". (a) In M the _Llit �.,,�„ tt d=aed=rese nd develo men �s rrc , fter public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and are may be granted for the following: m requirements and performance standards as set forth in this zoning district. () Outside storage, as provided in section 110-566. --- Chapter 34, Section 181; "Storing, Parking or Leaving on Private Property" No person shall park, store, leave or permit the storing or leaving of any abandoned property or inoperable motor vehicle of any kind, whether attended or not, upon any privateproperty t that, with respect to an inoperable motor vehicle, such vehicle may be parked, sdthin or left onthee thety; proexceperty for a period of time not to exceed 72 hours. The presence of such abandoned property, and inoperable vehicles, or parts thereof, on private property is hereby declared a public nuisance, which may be abated in accordance with the provisions of this article. Chapter 110, Section 551; "Location of Recreational Vehicle, Trailers" No person shall occupy or reside in any travel trailer, camper home or tent in any location within the City limits other than a (c) Special exce 1 plions Camping Equipment, Boats and Boat trailer, camper (truck mounted), motor travel duly licensed and approved trailer park. 4. Recommendation to Correct Violation(s) described above: A site visit revealed several recreational vehicles (RV's) and boats (some without current tags) being stored on your property. There is electric and water hooked up to one of the recreational vehicles, which indicates that someone is residing in the RV. Research of the City records revealed there is no Special Exception for outside storage of recreational vehicles or boats for your property, therefore you must apply for a special exception or remove the vehicles. Please be aware that your property is not a licensed or approved trailer park, therefore residing in the RV's on your property is strictly prohibited and must cease immediately. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as in the previous outlined outli page of this Noticeof Violation. If you have any questions regarding this Notice of Ordinance/Code_Violation or the recommendations contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral. 7 r Y uree Alexan.er Code Enforcement Officer Date: 3/09/2005 4 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. This review by staff pertains to the KM.D. Ship Repair property owners and their wish to obtain a `Special Exception' for the outside storage of vehicles, boats, trailers and trailerable items with 24-hour security. This request is the result of a code enforcement action and the activity has already been occurring. Based upon the concept plan provided it would appear that there would not be adverse impacts created from noise, light, stormwater, vibration or traffic. Utilities should be able to connect to a security trailer. 2) Will the Special Exception create any unusual police, fire or emergency services? The uses are occurring and the request includes a 24-hour security trailer. The use should not create unusual requirements for emergency services. 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.? It would appear the concept plan does not include buffering; however, the location of the proposed storage is behind the principle building and not easily seen from the road. Additional landscaping should be encouraged. The code requires that with outside storage of vehicles, boats and trailerable items that they remain are operable and tagged appropriately. If vehicles are not in a maintained condition or properly tagged then those vehicles should be removed from the property. Also if the vehicles are not stored on a paved surface, the storage facility surface be maintained. 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? As an existing site it would appear that there is adequate ingress and egress. 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? It would appear that there is adequate off-street parking and should not create undue or 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There is a full set of utilities available to serve the subject property. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The property fronts on Brown Circle in the industrial M-1. The storage area is not clearly visible from the road. More landscaping around the perimeter may be desirable, but not required. 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? This is a pre-existing use in an industrial district with the exception of possibly landscaping it would appear this use is consistent with the district. 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? It is unknown at this time whether the site meets all land development requirements. 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 site is a pre-existing use, there should not be additional impacts with traffic. 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. 2 (/� o i 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? This special exception request can meet the requirements for this zoning district found in the land development code. 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 3. X Special Exception 4. Administrative Appeal North South East West M1 M1 M1 M1 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 NA NA NA Applicability Yes No NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or D ignee: Signature: 4 rolaf' ever/me isevo Kuwr E RowsmoM OUT5L DE STORAGE iiiir-0N,5E5u.sy7- t MEMORANIIUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: September 28, 2005 RE: KMD Ship Repair Special Exception 05-07 The Public Works Department has reviewed the above stated Special Exception and does not have any comments or concerns. Jeff Ratliff (Stormwater Administrator) also inspected the property on September 28, 2005 and did not identify any potential stormwater issues associated with the Special Exception. MEMORANDUM Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: .October 28, 2005 RE: Special Exception for Outside Storage of Vehicles, trailers and trailerable items with 24-hour on -site security 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. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. Meeting Type: Planning and —LonTng Board Meeting Meeting Date: 10/26/05 AGENDA Heading Item AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL u. Variance 05-11 V4 SUBJECT: Variance Residence Inn to allow 2 signs, one each end of the buildings DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny Variance 05-11. Summary Explanation & Background: A property owner is permitted two of three possible sign opportunities. The applicant has submitted a variance request to allow two (2) signs, one on each end of their buildings with the understanding of also having a ground sign. The code allows for a ground sign and one wall sign or two wall signs at each building per property, but not a ground sign and two wall signs combined. Exhibits Attached: #1 Application, #2 Staff Reports and #3 Replat drawing. City Planner's Office Department: Building Department } vartahae `Keq, + No, 05-1 x mac,: City of Cape Canaveral (CO Y pc?Ces APPLICATION FOR VARIANCE J5 d t i OO Date Filed/t / 9 0115' Fee Paid $250.00 $250 Filing Fee is non-refundable Description of Request: (Ins~ru is sections of the Zoning Ordinanc •: (A np at .1 ow : support your request are note.. • tta separate s eet ' necess. The Residence Inn requests a variance to allow two signs of approximately 128 SQ. ft.. on the front of its building. There will be one sign on (marsh end of the 46-8- fnnh building frnnt Addressofrequest: 8959 Astronaut Boulevard, Cape Canaveral chfetParcel 7.5O Legal Description: Lot(s) , Block , Subdivision Section 15 , Township 24 Sou tlRange 37 East . STATEMENT OF -FACT State of Florida, County of Brevard I, Roger Dobson , being duly sworn, depose and say that: xx I am the owner. I am the owner(s) designated agent.(Attach notarized letter of authorization). Owner(s)Name: AlA Acquistion Group Ltd. LLP Address: 3425 . Atlantic Ave., Cocoa Beach, FL 32931 Home Phone: 4 53-6841 Work Phone: 799-4099 x4n4 fAX: 784-7812 All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before me on this /2 day of , otary Public, State of Florida Signature of Applicant: The completed request form and the $250.00 filing fee must be files as follows: R prior to the Planning & Zoning Board meeting. The Board of Adjustment meetin heard by the Planning & Zoning Board. MARGARET A. VONA �NII, �pY'({�, rrOf11fI1M �0{ODZ� 4" Pe !► Expires 3lil1000 . Va01 �.Y a, s tf1E� tte5f'1:S'•j FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No. on Notice posted on Bulletin Board on Notice posted on subject property on Property owners w/in 500 ft. notified on Variance Application/Aug.00/Page 1 of 4 VARIANCE APPLICATION WORKSHEET This worksheet must be completed, legible, and returned, with all required enclosures referred to therein, to the Building Department; at least 14 days prior to the scheduled meeting to be processed for consideration by the Planning and Zoning Board for study and attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning Sr Zoning Board holds its regular meeting 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, unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT (attach notarized letter of authorization if not actual owner) 2. PROPERTY ADDRESS OF REQUEST: (if address is not available, give general location) 8959 Astronaut Boulevard, Cape Canaveral, FL 32920 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Lot: , Block: , Subdivision: Parcel: 25 , Section 15 , Twp. 24 S o u t tiRge 37 East 4. Size of Subject Property (calculate acreage): 6.20 acre s 5. Ordinance Section under which Variance is being sought S.,c t i o n 91 96 6. Current Zoning Classification of Subject Property: C- 1 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information. 8. VARIANCES ARE TO BE AUTHORIZED WHERE THEY ARE NOT CONTRARY TO THE PUBLIC INTEREST AND WHERE, DUE TO SPECIAL CONDITIONS, A LU'bRAL ENFORCEMENT OF THE TERMS OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE ORDINANCE SETS FORTH SPECIFIC CONDITIONS WHICH MUST ALL BE DEMONSTRATED BY THE APPLICANT BEFORE THE BOARD IS EMPOWERED TO GRANT THE VARIANCE. PLEASE ADDRESS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING, THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/Aug.00/Page 2 of 4 THE CONDITIONS ARE AS FOLLOWS AND 11'hMS (A) THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. SEE ATTACHED B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights cornmonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. SEE ATTACHED C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. SEE ATTACHED D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or buildings in the same district. SF.F. ATTACHFT) Variance Application/Aug.00/Page 3 of 4 E. That the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, is the minimum that would make possible use of the land, building or structure. SEE ATTACHED" F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. SEE ATTACHED WHILE THESE CONDITIONS MAY SEEM UNDULY HARSH AND STRINGENT TO THE INDIVIDUAL APPLICANT, IT MUST BE REMEMBERED THAT THE ZONING ORDINANCE WAS ENAC1'1D FOR THE BENEFTT OF THE COMMUNITY AS A WHOLE BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY DEVELOPMENT. IT SHOULD BE NOTED THAT THE D1r1-1CULTIES OR HARDSHIPS RELIED UPON MUST BE UNIQUE TO THAT PARTICULAR PROPERTY (E.G., PECULIAR LOT SHAPE) NOT GENERAL IN CHARACTER, SINCE DIFFICULTIES OR HARDSHIPS SHARED WITH OTHERS IN THE AREA GO TO THE REASONABLENESS OF THE ZONING GENERALLY, AND WILL NOT SUPPORT A VARIANCE. IF THE HARDSHIP IS ONE THAT IS COMMON TO THAT AREA, THE REMEDY IS TO SEEK A CHANGE OF THE ZONING CLASSIFICATION FOR THE NEIGHBORHOOD. 9. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents must be attached to this submittal. a. Notarized affidavit of all property owners. b. Check for the required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURATE BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNINAND ZONING BOARD AND BOARD OF ADJUSTMENT. APPLICANT SIGNATURE: 6.0 PRINT NAME: Roger W. son , President Variance Application/Aug.00/Page 4 of 4 VARIANCE APPLICATION ATTACHMENT A. The Residence Inn is composed of three (3) building areas,each-having- m independent wall system separating each building from the other. The lineal footage of the north building is 180', the middle building has 118 lineal feet and the south building measures 170 lineal feet. B. The Residence Inn measures 468 feet from end to end and is set back 280 feet from Astronaut Boulevard. Unlike the case with many other retail business in the City, many of the Residence Inn customers are first time users who depend on the well -established Residence Inn logo, which is non - visible from the south. Due to the setback of the hotel, signage is needed on both ends of the building. C. The applicant and its architect were working within the City's height and minimum number of rooms requirements. b. The granting of the variance will not confer any special privileges that are denied others as it is the only hotel measuring over 450 feet in footage. E. The footage and setback of the building justify having two signs (each 128 square feet) totaling 256 square feet so that the hotel may be identified from the street F. The granting of the variance will indeed be in harmony with the purpose of the zoning code and will not be injurious to the neighborhood or public welfare due to the attractive signage design, especially compared to signs on neighboring businesses. c�% September 26, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Variance Request No. 05-11 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 Variance to Allow Two Signs of Approximately 128 square feet on Each End of the 468 foot Building Front, pursuant to -the Cape Canaveral Code of Ordinances,- Section 94-96 Figure 1 for the property described as follows: Legal Description: Township 24, Range 37, Section 15, Parcel 25.0 (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, October 26, 2005, 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 — \. IDS MAP NI I I 1 I III I I --M1 1 Nip I V • I Ilimmommism APPLICANT NAMES)/ADDRESS: ALLEN ENGINEERING — JOYCE GUMPRER OWNER NAME(5)/ADDRESS: 14 ceac�%,avn w 4 k vp Pk o4r# 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 Ceographic Information Services do not assume responsibility for errors or ommissions contained hereon. Produced by Brevard County Planning & Zoning Office — GIS, September 12, 2005 rmj.s102 - ALUMS .n.4104-1.mp BUFFER DISTANCE 500 FEET MAP SCALE I5 L.0000 (one inch = 500 feet) N LEGEND: Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list I EXHIBIT "A" Sao ,., 1111111111111 CFN:2004145759 OR Book/Page: 5288 / 2200 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 corner of that parcel as described in Official Records Book 2704, Page 1181 of tile 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. PREPAR U U Y Aria, KETURN TO.- ROBERT W. WATTWOOD, ESQ. OwBrien Riemenschneider, P.A. 1686 W. Hibiscus Blvd. � III 11I�l 1 1111111111111 CF=N:2005049236 02-14-2005 08:22 am oK boot P "• . 5421 / 69AR Scott Ellis Clerk Of Courts, Brevard County Trust: 6.50 Roc: 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 GRby between AlA (the "Agreement") is executed as of the o Y EE ° - —' 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: 1 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 ("AlA") to Out Parcels 1 and 2; and WHEREAS, Developer and the City desire to formally preclude curb cuts from Out parcels 1 and 2 to A1A. 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: l / S:\realestb-driveW I A acquisition\Unity of title Agreement2 - 02/03/05 iIIIIIff1U 1 JIAIIJI CFN:2005049236 OR Book/Page: ' 5421 16999. 1. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. glovidv 14dp 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 AlA directly through curb cuts on A1A 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. AlA 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: AlA ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability partnership By: A1A cquisition Corp., a Florida corporation Witness 'l ft as its Geal Partner By: �l1kl\ i� U Print Name: P RDobson, as its President Witness Print Name: A, SArealest o-drivaA 1 A acquisition\Unity of title Agreement2 - 02/03/05 2 • I MI S1ATK OF FLOKIIJA COUNTY OF BREVARD cFN'200q4923621 / TQOQ OR 8o4k/Pa9e: The foregoing instrument was acknowledged before me this 441 day of ybtav1/ ; 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, op-6 lie-haspro4eed as -:men. Notary Public My commission expires: 3 S:4eaie i o-driveW t A acquisitian\Unity of title Agreemcnt2 - 02/03/05 LAURAA.SPRERY -. MYCOMISSIONIDD301595 .1 EXPIRES: March 28, 2008 DondaeThiu notary titicUnderruts THE CITY OF CAPE CANAVERAL, a Florida municipal corporation By.C?--8 �' "\ Rocky Randels, Mayor • w� ., •A. 0,0 ICE . STATE CIF FLORIDA • COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 10 ' day of , 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. VIRCINIA S. HAAS : '4 COMWSION A DD 181049 EXPIRES: January30, 2007 . sontitd 'Ivy N/4y Public Undmillimrs APPRR�i ED AID AS TO LEGAL FO SUFFICIENCY: Anthony Garganese, City Attorney S:kealestb-drive\A 1 A acquisition\Unity of title Agreement2 - 02/03/05 Notary Public My commission expires: 4 • CFrtzoo56i92367001 OR Book/rage: 5421 1 SKETCH TO ACCOMPANY DESLRIPTION NOT A BOUNDARY SURVEY N C 3 trt 0 rn cr 0, J N. UNE OF S. 3316.80' OF SECTION 15 nINTERSECTION OF NORTH UNE OF SOUTH 3316.80 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY UNE OF STATE ROAD A-1—A POINT OF COMMENCEMENT s .00 .tiO. V �i(� w<,` '9>‘ S. 89 "28'37 "E. 363.58' crs 11.1111111 0 50 100 200 GRAPHIC SCALE EXHIBIT "A" SHEET 1 OF 2 LLEN ngineering, Inc. SURVEYORS - ENGINEERS 106 DIUS LANE COCOA BEACH, FLORIDA 32931. TELEPHONE: (321)783-7443 - FAX: (321)783-5902 ❑EBSITE: nm7.alleneng.net - EMAIL: info®alleneng.net 3. 5' LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 LINE TABLE BEARING S3721 ' 101E S52'39'00' W S25'31 '22'W S37'21 '00 "E S52'38'50 "W S37'21 '10'E S37'21 '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' SEE SHEET 2 FOR DESCRIPTION, SURVEYOR'S CERTIFICATION & NOTES 1. DATE: 1-31-05 DRAWN BY: DJG JOB NO. 030025 SCALE: 1 =200' PREPARED AND CERTIFIED FOR: Al ACQUISITION GROUP. Ltd., L.L.P. DESCRIPTION NOT A BOUNDARY SURVEY 0 0 0 0 CT fa RESIDENCE INN PARCEL A portion of those lands described in Official Records Book 5288, Page 2196 and Official Records Book 5288, Page 2198 of the Public Records of Brevard County, Florida, lying in Section 15, Township 24 South, Range 37 East, and being a portion of being more particularly described as follows: Commence at 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 Road A-1—A; thence S37'21 '10'E, along said Westerly right of way line, a distance of 615.78 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue S3721'10"E, along said Wester right of way line, a distance of 45.00 feet; thence S52'39'00"W, a . distance of 164.78 feet; thence S25'31 22 "W, a distance of 54.21 feet; thence S3721 '00 "E, a distance of 270.04 thence the following 3 courses along said Southerly line: (1) feet, to the Southerly line of said lands; � " > (2) S3721 10 E a distance of 299.60 feet; (3) S52'38 50'W, a S52'38'S0"W, a distance of 116.96 feet; "W distance of 170.00 feet, to the most Southerly corner of said lands; thence N3721 10 along the Westerly line of said lands, a distance of 1,137.27 feet, to the Northwest corner of said lands; thence S8928'37"E, along the North line of said lands, a distance of 363.58 feet; thence S3721 '00 "E, a distance of 249.97 feet; thence N79'42'15 E, a distance of 54.35 feet; thence N52'39'00'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 a bearing of S3721 '10 E, 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 LLE ngineering, Inc. SURVEYORS — ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 TELEPHONE: (321)783-7443 — FAX: (321)783-5902 11EBSITE: www.alleneng.net — EMAIL: info®alleneng.net 3. 2. 1. JOB NO. 030025 I DATE: 1-31-05 SURVEYOR'S CERTIFICATION: l 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 61 G 17-6, Florida Ad ' r = rative Code, pursuant to Chapter 472.027, Florida Statutes. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. OB RT ALMON Profess' • Surveyor & Mapper Florida egistration No. 4262 PREPARED AND CERTIFIED FOR: A1A ACQUISITION GROUP. Ltd., L.L.P. ►IIBERRMP . CFN:2004145756 oR Book/page: 5288 / 2196 s • This Document Prepared By and Return to: GARY B. FRESE, ESQ. (LB) FRESE NASH & HANSEN, P. A. _-_.930. S— JIARBOR_ CSTY BLVD _..0505 --'11ELBt70RNE FL. SZ901 Pared WNumber. 24-37-15-00-829 Warranty Deed This Indenture, Made this 6 Y4 day of May C. WAYNE THOMPSON Scott Ellis Clerk Of Courts, Brevard County Trust 1.50 Rec: 9.00 Serv:0.00 5,703.60 'Excise: 0.00 Mtg: 0.00 Int Tax 0.00 , 2004 A.D. Between of the Countyof Brevard • , State of Florida , grantor, and A1A ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability limited partnership whose address is: 215 BAYTREE DRIVE, MELBOURNE, FL 32940 of the County of BREVARD , State of Florida ,grantee. Witnesseth that the GRANTOR, for and in consideration otthe cum 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 WAX 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 fast above written. Signed ealeelivered in our presence: C. WA T __ P.O. Address: GO 18 ' .r . IS �S BOULEVARD 9115 Melbourne, FL 32901 Printed N Witness STATE OF Florida COUNTY OF Brevard The foregoing instrument was acknowledged before me this C. WAYNE THOMPSON he is personally Inown to me or he has produced bis Florida driver' <�` Gory B. Frese /e .: .M7COMMISSION1 C088967 DARES y� r aoaorotru)(moan; try26, 2003 nK•° TROTFMlloUMNct NC day of /Kt( cen e tification. Prin 'd ame: Notary Public My Commission Expires: 204-0012 laser Gmanldby0Display Symms, Iee.2003 (a63)763-5533 FonaFLWD-I ,2004 by - Warrq my Deed -Page 2 Parcel ID r..amber. 24-37-15-00.y829 CFN 2004145758 - oR Book/one: 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. Low Gemmed 6y 0 Display System,, Lc„ 2003 (663) 763.555S Foam PLW0.1 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 CFN:2004145759 05-10-2004 04:18 pm OK tsook/Paye. �V�$ Scott Ellis Clerk Of Courts, Brevard County #Pgs: 3 #Names: 2 Senr:0.00 Trust 2.00 Rec: 13.00 12,147.10 Sxcise:0.00 WARRANTY DEED Mtg: 0.00 Int Too 0.00 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 used herein the terms "Grantor" and "Grantee" include all of the parties to this instrsuoert and the heirs, legal representatives and assigns of Individuals, and the successors nod 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 f� 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: fit;1?Print nKt; P F• JV4G1•6K_. Lauren B. Koonin, Managing Member Print nan(: Pc.; CAPE HOTEL ASSETS, L.C., a Florida limited Iiability company By: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this J� " 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 (vrwho is personally known to me; or (.) who provided a Florida drivers license as identification, and who ( ) did (c-)'did not take an oath. My Commission expires: f,,ef :_ MY WIC: ,, 2005 # 72215 vl Notary Ehblc State of Florida 11111 CFN:21 95e7552$$ ' : 'z'j99 OR �p0 • Correspondence Page 1 of 1 WELBRO BUILDING CORPORATION September 12, 2005 Mr. Roger Dobson A1A Acquisition Group, Ltd., LLP 3425 North Atlantic Avenue Cocoa Beach, FL 32931 Phone: (321) 799-4099 Fax: (321) 784-7812 Project Subject Dear Mr. Dobson: [0805011] Residence Inn Cape Canaveral Building Signage In review of the new Residence Inn Project we believe the facility should be considered as three buildings. Our evaluation is based on the design documents separating tnem into three separate buildings. The structural design separates them into three independent buildings. Each building is designated on the structural design drawings as structures A, B or C. with independent foundations and rated wall separations. The Life Safety plans indicate each tower has it own egress stair well and the separate Gatehouse has its own egress doors. Each building is separated by a 1 hour masonry wall with a rated door separating one from another. In addition the buildings are fed by two separate electrical transformers. Should you have any questions on the above then please give me a call. Sinye{ely Chris Cortellini Operations Manager Correspondence 00267 No. 2301 MAITLAND CENTER PARKWAY, SUITE 250 • MAITLAND, FLORIDA 32751 • 407-475-0800 • FAX: 407-475-0801 ,/ Branch Office: Pigeon Forge, Tennessee Request for Variance Residence Inn Sign Variance Summary for Reque t• The applicant requests a variance to allow two signs of approximately 128 square feet on the front of the Residence Inn building. There will be one sign on each end of the 468 foot building front. Conditions: The conditions are as follows and items (a) through (1) must be answered in full: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. No special circumstances exist which are unique to the land, structure or building that are not applicable to other lands, buildings or structures in the same district. B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of the zoning ordinance impose no undue hardship to the applicant that is commonly enjoyed by other properties in the same zoning district. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicant's request for a sign variance is due to the desire to construct and attach a sign on both ends of the Residence Inn. There is a direct correlation between the construction of the building and the desire to have multiple signs attached to the building which conflict with the zoning code. This conflict is a result from the actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or buildings in the same district. The granting of a sign variance will confer special privileges to the applicant that are not realized by similar property owners in the same zoning district. E. That the reasons set forth in the application justify the granting of the variance, and e variance, i gran e , is a minimum a wou m e possible use of the land, building or structure. No specific hardships have been unduly placed upon the applicant as a result of the zoning code. Maximum use of the subject property and building can be realized while conforming to the limits of the zoning code. F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public. The zoning code is enacted to create harmonious relationships among the citizens, land uses and building structures within the City of Cape Canaveral. Granting of this variance may set precedence for non-conformance to the zoning code and unfair privileges to some property owners in the City. Further evaluation of the zoning ordinance may be necessary. However, since no unique circumstances promote undue hardship to the subject property owner, any exceptions to the code should apply uniformly to all citizens and property owners in the City of Cape Canaveral. TO: Todd Morley Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: September 23, 2005 RE: Resident's Inn Sign Variance The Public Works Department has reviewed the above stated site Variance. The Public Works Director does not have any comments or concerns. Page 1 of 1 Todd Peetz From: John Cunningham [junningham@ccvfd.org] Sent: Tuesday, October 04, 2005 3:04 PM To: Todd Peetz Subject: Re: Variance for sign (Residence Inn) Todd, We have reviewed the request and have no comment at this time. 10/18/2005 'FROM : WAYNE TAMMY IVAN FAX NO. :321-783-8309 Oct. 14 2005 09:42AM P1 HE ADJACENT PROPERTY OWNER(S): Variance Request No. 05-11 Pktue OL11014) fm. exec /70175 fU vie €r,k7 vr ," i trk. fort , I� ofCapeov- b , &% City Canaveral -fo ha-L & l e 5s7 hem ca.n yoSeptember 26, 2005 de,,i/ e o,.t e r NOTICE OF PUBLIC HEARING 'e /se e K`4 Notice is hereby given by the City of Cape Canaveral, that Roger Dobson, AIA Acquisition Group Ltd., representing Residence Inn 3425 Atlantic Ave., Cocoa Beach, FL 32931 has requested a variance to Allow Two Sions of Aovroximately 128 square feet on Each End of the 468 foot Buildinu Front, pursuant to the Cape Canaveral Code of Ordinances, Section 94-96 Figure 1 for the property described as follows: Legal Description: Township 24, Range 37, Section 15, Parcel 25.0 (8859 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, October 26, 2005, 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. lfe person decides to appeal any decision made by the Planning end Zoning Board we respect to any matter considered et this meeting. that person w7 need a mold cif Ow praceadr gs and forsuch purpose that person may need to ensure Mat a verbatim record of the proceedings is made, which record indudes the testimony and evidence upon which the appeal is to be based This notice does not oonsbihrte consent by the ay for the introduction oradmissiion Mb, evidence of oNxroise inadmissible or irrelevant eWdence, nor does it authorize challenges or appears not otherwise allowed by taw Parsons wgh disabilities needing assistance to participate in any of these ,. oa t;,r. ter. 1J w,MtN.c f G1�if:aAr- t 8-i221j. 4efioensinee►+enee --- Susan Stills, CMC City Cleric 1a—r S—o 5 S�ryl a_P_Qtc,� 414)-- cutzedi. sw -/-y "7740. G 4p , 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.mvflorida.com/caae • c-maih ccavecanaveral@ctl.rr.com MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: October 28, 2005 RE: Variance Request for a second sign at the Residence Inn I have reviewed the submittal of the variance for the above referenced project. My comments/concerns are addressed in the variance worksheet attached to this item. If you have any questions, please feel free to contact me at 407-629-8880. 'Meeting Type: Planning nd Zon` n Board Meeting Meeting Date: 10/26/05 AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL AGENDA Heading Special Exception 05-12 Item No. SUBJECT: Special Exception to build a conveyor system within the 25 foot setback DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny Special Exception 05-12. Summary Explanation & Background: The applicant desires to build a conveyor system from the Port of Canaveral into his property with the purpose of moving aggregate. The applicant previously requested a variance to accomplish his desired task. It was recommended that a special exception for conveyor belt systems. The City Council approved the change to the code to allow conveyor belt systems in the setback with specific location conditions. The applicant appears to meet those conditions. 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 136n ors 4r .r., City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILED ` -3 5FEE PAID ZL%C' DODEPOSIT tf. (32 . IQP RECV'D BY: ) ($250.00 Filing Fee is non-refundable) Lgoo 05-12- CU�,I NATURE OF REQUEST Special Exception is for what purpose (Brief Description) gui /I A C'G&JNe10 t. 5y6Ti i.t oral -rx.�. �' / Ser 13*4 t3et taedrA) r Cr4d .d- es ems• Address of request (if applicable) Che4 LLe QJe.. gel. Legal Description: Lot Block Parcel Subdv Section Township 3 % Range / " STATEMENT OF FACT: State of Florida, County of Brevard; I kA 4)041 ` fr7%*( , being duly sworn, depose and say that: )C I am the property owner. o e d F 4' 0 w I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): A 1,14j3Ak$SA al& SeR vl ce S TN<. Address: 2.'IS ice' l,..tLC.wc R4 Cecia C.13,00s ,L. FL, 3Aiao Home Phone5Y3 8 46? Work Phone 7al 41661 E-Mail 145.T002F4A'414,vk.N+1— Applicant(s) Names(s): 5rl9ine Address: Home Phone Work Phone E-Mail All information, sketches and data contained and made part of this request, are honest and re-tv-tze best of my knowled d belief. hn I Signature of Ap Sworn to and subscribed before me on this;26' day of SP<.- - , 20v6 . The completed request form and the $250 filing fee must il e tiled as toirows: 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 ) Notary Public, State of Florida , : r ripk" JOY DAINE i % = MY COMMISSION # DD 237771 e= EXPIRES: August 3 2007 's''°`' BondedThru Notary Public Underwriters 2 MEMORANDUM TO: Todd Morley, CBO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 5, 2005 RE: Special Exception 05-12 Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May The Public Works Department has reviewed the submittal of the Special Exception for the above referenced project. The Director does not have any comments or concerns. & / PUBLIC NOTICE t FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on : Notice to applicant by Certified Mail No. on Notice posted on Bulleting Board on Notice posted on Subject property on Property owners within 500 ft. radius notified by certified mail on 3 City of Cape CanaverE 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) 868-1727 DATE: Q-2.os 1. NAME OF APPLICANT(S) /9 Ml3hSs /}oa1 Se 12.44 c s S —WC . ADDRESS (if assigned) 2.41 S Ch.* cNci zo. PHONE # %914- 1466 / FAX # $68 S26 "L E-MAIL I43yee• Zelk.Akei 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: ay TOWNSHIP 3 2 RANGE 'S DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 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 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. 4 (b) Adequate off, eet parking and loading areas 2 provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): 0 Build A ComA sy ,—,A av L I SG,— OivciC (3 e-r.u,4440 o2i cocwA►uac.ik- woo COVe' rt v IA, tom To `v €W . I+ce,-12 E sAre. f/fit. 'r Deck 7n oct /L. S'i 1't wet-400i 14,w hN� ; O t,GSa `nck $ . 5 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: A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 6� 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. 140 2) Will the Special Exception create any unusual police, fire or emergency services? No 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.? ow.(„ j3 -r rk S', I3 i4 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? j•e5 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? yt5 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)?y($ 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? yL3 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? Nip 7 9) Is there adequate refuse and service areas? yes 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? pes "Al S 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? ye 5 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? ,/eS 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? yts 16) Should the Special Exception be specifically granted to the petitioner or k run concurrently with the property?/ 8 t BUILDING OFFICIAL Z. DESIGNEE REVIEW 1. Zoning Amendment 2. Variance 3. Special Exception 4. Administrative Appeal Contiguous Zoning North South East West CONSIDERATIONS SETBACKS: COVERAGE: LOT SIZE: DENSITY: HEIGHT: MEETS CODE MEETS CODE MEETS CODE MEETS CODE MEETS CODE CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) CODE VIOLATION (Describe) ADDITIONAL REFERENCES SUBJECT CODE SECT. APPLICABLE PARKING LOADING ZONE SETBACKS (A1A Ridgewood/Astronaut) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES Code Sect. Applicability Yes No NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: Date Reviewed by Building Official or Designee: Signature: 9 City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILED `23 —05FEE PAID 250, DODEPOSlT 1 (32.62° RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) gut /1 A C'DN S y6TiEw1 ores T e. 15' 'S'er 13*Qt. 80-weew1 I 's Cevi-ed- C iiic COWL- Address of request (if applicable) o.HS Ch64 LLele), go. Legal Description: Lot Block Parcel Subdv Section pi Township 3 % Range / 5 STATEMENT OF FACT: State of Florida, County of Brevard; I R.AA)O*1.L Pfl*r , being duly sworn, depose and say that "X I am the property owner. c e• F 7' { o w S I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): 41,40*554/ffit_ Seftoee S TNC. Address: 2. LIS Cksit 44_ , .4 Ciu. eorwdi=.e4c. FL, 3.ki.LC:t Home Phone5i3 8 0? Work Phone 761466/ E-Mail `apvic.Ner `/3 - ?Con Applicant(s) Names(s): Address: n\ Home Phone Work Phone E-Mail e best of my knowled nd belief. All information, sketches and data contained and made part of this request, are honest an Signature of Appt� Sworn to and subscribed before me on this -247 day of , 20c>c, . Notary Public, State of Florida :" "' JOY DAINE _. MY COMMISSION # DD 237771 • %= EXPIRES: August 3 2007 %Pf a, ` Bonded Thru Notary Pubic Underwriters The completed request form and the $250 filing fee must e rTed as tollows: 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 ) 2 0 rn APPLICANT NAME(S)/ADDRESS: may, randy 543-8689, OWNER NAMES)/ADDRESS: RADIUS MAP Brevard County Property Appraiser. Jim Ford BUFFER DISTANCE 500 FEET Based on data from the Property Appraiser's Office MAP SCALE IS L6000 (one inch = 500 feet) 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 ommissions contained hereon Produced by: Brevard County Planning & Zoning Office — GIS, July 05, 2005 Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list Ambassador Services, Inc. P.O. BOX 654 • CAPE CANAVERAL, FL 32920 September 29, 2005 To City of Cape Canaveral Re: Special Exception We the owners, of Ambassador Services, Inc. hereby grant Randall May as our attomey-in- fact to file such applications and forms on our behalf and to take such actions as he shall deem necessary and appropriate with connection to such special exception application. Please direct any correspondence on this matter to Mr. May at the following address of: Ambassador Services, Inc. P.O. Box 654 Cape Canaveral, FL 32920 Thank you for your cooperation. Very truly yours, Randall City of Cape Canaveral October 6, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): SPECIAL EXCEPTION NO. 2005-12 Notice is hereby given by the City of Cape Canaveral, that Randall May representing Ambassador Services Inc., P.O. Box 654, Cape Canaveral, FL 32920 has requested a Special Exception to Construct a Conveyor System Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-354(C)(16) for the property described as fnllnws Legal Description: Township 24 South, Range 37 East, $ rtion 1M Parcels 99, ss and part of 2, 3, 31 and 35. (245 Challenger Road, 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, October 26, 2005, 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 forsuch propose 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 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Ct() A 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 conveyor system may create some noise, vibration or utility requirements; however, the subject site is located in the M-llndustrial District and is therefore an appropriate area for the requested use. In addition, the conveyor system is intended to reduce the need for vehicular transportation of aggregate materials from Port Canaveral to the subject site. The conveyor system should reduce traffic generated by this type of land use. 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 submitted application requests a special exception from setback requirements. The applicant desires to construct a conveyor system within the setback of the property boundary. Section 110-354(16) permits this type of special exception. All other zoning requirements can be met. 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? As an existing structure there is no additional traffic control required. 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? As an existing structure, no additional parking and loading areas shall be required. 1 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. The proposed 'Special Exception' does not require further development of utilities and adheres to the capacity and service levels required by Code. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The 'Special Exception' for the construction of a conveyor system may require additional screening and/or buffering to protect and provide compatibility to adjoining properties. 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? With regard to signs and exterior lighting the 'Special Exception' for the construction of a conveyor system does not appear to worsen the existing conditions or create disharmonies to adjoining property owners. 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? As a pre-existing M-1 Industrial site, the project meets most setbacks and open space requirements. The applicant is requesting a permit to construct a conveyor system within the setbacks of the subject site. Section 110-354(16) permits this request. Additional landscape buffering and screening may be required to promote compatibility with adjacent land uses. 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? 2 Because of the pre-existing nature of the site, the request should not impact the structure size, land values, or compatibility provided that additional landscape buffering and screening is placed along the southeast portion of the subject site. Landscape buffering and screening in this area shall promote compatibility with adjacent land 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? This special exception request can meet the remaining requirements for this zoning district found in the land development code with the exception of setbacks. 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 M-1 M-1 M-1, C-1 M-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 by Buildin Official or signee: Signature: 4 a MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: October 10, 2005 RE: Special Exception For Conveyor Belt System 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. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. 4 Page 1 of 1 • Matthew Boerger From: Todd Peetz Sent: Monday, October 10, 2005 11:06 AM To: Matthew Boerger Subject: FW: Special Exception ( Conveyor Belt System ) From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Friday, October 07, 2005 9:45 AM To: Todd Peetz Subject: Re: Special Exception ( Conveyor Belt System ) Todd, We have reviewed the special exception and have no comment at this time. 10/12/2005 MEMORANDUM TO: Todd Morley, CBO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 5, 2005 RE: Special Exception 05-12 Canaveral Bulk Storage Ambassador Services Container Storage Yard Property Owner: Randy May The Public Works Department has reviewed the submittal of the Special Exception for the above referenced project. The Director does not have any comments or concerns. / 1 GEORGE KING_ BOULEVARO FOOT RIGHT -Of -NAY ! •-----••`� .-•-•' _..—.._.._..—.._.._..—.._..--._..—..—..—.._.._..—J Vl' tali Cmuv$414. NRt AVtNatl tr GENERAL 941P SUPPLY LEASE PARCEL 1 I� GM AK(e*eAr6• 14 Auec,/ I. mot Soot Mak b 4. 46 ro IALY •6AGa1 M4461A16f 5.6100 AC* / 1 / /�4 ,fir ii 61 THE CANAYERAL PORT AuTHORIT THE C1 TY OF CAPE CANAvERAL • R • IRI1/6RtIII. PARCEL 0 1.427 ACRES 296.69 114620 SEM' 52. 44' E 100. 00. :._.._..- it Si re I N STREET I. - I spec/ L xce/n44 A.S.1. rn GEORG 5 03 4$ 2 APPLICANT NAMES)/ADDRESS; may, randy 543-8689, DINER NAMES)/ADDRESS RADIUS MAP Brevard County Property Appraiser. Jim Ford BUFFER DISTANCR 500 FEET Based on data from the Property Appraiser's Office MAP SCALE IS 16000 (one inch = 500 feet) 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 — CIS, July 05, 2005 Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list ......vz s SCALE) 1' = 120' i• 100.00' EXTENSION ET C• P.A. RESOLUTION RECORDS BOOK PAGE 885 SET •5 RE 11-13. 4119) ORS EN1ERPRI5E5 1.427 ACRES VACANT LAND m 245. 36 SET •5 REBAR 11..111. 4119) 7 /o z 55' 48' E 221. 08 POI NT-OF-COMMENCEMENT (SECTION CORNER) THE NORTHEAST CORNER OF SECTION 1S-24/37 O.N.R. DOCUMENT NO. eele7ee 4-1e-84 (3e07) 15 14 m m c u•) AMSAS ADOR CES OFFICE At43ASSADOR SERV AREA: 8. 719 ACRES SET •5 REBAR (L.B. 4119) N89' 52' 44' W SE•1 •5 REBAR (L.B. 4119) FOR CERTIFICATIONS, LEGAL DESCRIPTION AND SURVEYOR'S NOTES SEE SHEET 1 OF 2 SET •5 REBAR 11-13. 4119) POINT -OF -BEGINNING FOUND NAIL & DISC MATERIALS CC w z O: ww LL O O i. DEED BOOK 328. PAGE 311 air, v 'M DEED BOOK 102. PAGE 54 FOUND 4' X 4' CONCRETE MONUMENT (UNMARKED) OF SECTION 15-24/37 IL.B. 41191 r SET •5 REBAR PLAT OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED T0: AMBASSADOR SERVICES, INC. & PRIME BANK & HI BI SCUS TI TLE COMPANY OF BREVARD. I NC. • LEGAL DESCRIPTION: OVERALL AMBASSADOR SERVI CES SI TE: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST. TALLAHASSEE BASE MERI DI AN. BREVARD COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTI ON 15. TOWNSHI P 24 SOUTH. RANGE 37 EAST (A•DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0018707. 4-10-841; THENCE S 0' 47' 35' E, ALONG THE EAST LINE OF SAID SECTION 15. A DISTANCE OF 559.00 FEET TO THE POI NT-OF-BEGI NNI NG: THENCE CONTINUE N 89' 52' 44' W. ALONG SAID LINE. A DI STANCE OF 288.17 FEET; THENCE CONTINUE S 0' 47' 35' E. ALONG SAI D EAST LI NE. A DISTANCE 1386.79 FEET TO THE SOUTH LI NE OF THE LANDS DESCRIBED IN °EEO BOOK 328. PAGE 311 OF THE PUBLIC RECORDS, FLORI DA; THENCE N 89' 52' 44' W. ALONG THE SOUTH LI NE OF SAI 0 LANDS. A DI STANCE OF 225. 03 FEET; THENCE N 0' 47' 35' W. PARALLEL TO AFORESAID EAST LINE, OF SECTION 15. A DI STANCE OF 451. 30 FEET; THENCE N 89' 52' 44' W. A DI STANCE OF 245. 36 FEET; THENCE N 23' 08' 26' E. A DI STANCE OF 601. 44 FEET; THENCE N 0' 00' 00' W, A DI STANCE OF 381.63 FEET TO THE SOUTH LINE OF THE CANAVERAL PORT AUTHORITY; THENCE S 89' 55' 48' E. ALONG SAI 0 SOUTH LI NE. A DI STANCE OF 221. 08 FEET TO THE POI NT-OF-BEGI NNI NG. CONTAINING 8.719 ACRES, MORE OR LESS AND BEI NG SUBJECT TO ANY EASEMENTS AND/OR RIGHTS - OF - WAY OF RECORD. SURVEYOR' S NOTES: 1. BEARINGS DEPICTED HEREON REFER TO THE CANAVERAL HARBOR COORDINATE GEOMETRY SYSTEM PER JACKSONVILLE DISTRICT CORPS. OF ENGI NEERS WI TH THE EAST LINE OF SECTION 15. TOWNSHIP 24 SOUTH RANGE 37 EAST BEARING S 00' 4 7' 35' E. 2. NO ENCROACHMENTS NOTED AT TI ME OF SURVEY. 3. FL000 ZONE ' X' PER F.I.R. M. MAP NO. 12009C031 3 E. INDEX DATED 1 1-19-97. 4. NOT VALI 0 UNLESS EMBOSSED WI TH SURVEYOR'S IMPRESSION SEAL. 5. SUBJECT TO EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. FOR GRAPHIC DEPICTION OF THIS SITE, SEE SHEET 2 OF 2 LEGEND 0FOUND 4' X 4' CONCRETE MONUMENT 0 FOUND •5 REBAR t1 FIRE HYDRANT 0 SANITARY SEWER MANHOLE ■ SET 4' X 4' CONCRETE MONUMENT • SET '5 REBAR (M) MEASURED L FOUND NAIL & DISC 0 PERMANENT REFERENCE MARK POWER POLE (P) PLAT jx LIGHT POLE BOUNDARY SURVEY 05.105. W. V. P. 06-23-05. NO ENCROACHMENTS NOTED AT TIME OF SURVEY. NOT VALI 0 WI THOUT SURVEYOR'S I MPRESSI ON SEAL. THE SURVEY DEPICTED HEREON I S TRUE AND MEETS THE MI NI NUM TECHNICAL STANDARDS ACCORDING TO CHAPTER 6101 7-6. FLORI DA ADMI NI STRA I VE CODE PURSUANT TO FLORI OA STATUTES 77 A ,6/ D ,QS M WM. V. POWELL P. L. S. NO. 2787 STATE OF FLORI DA DATE: 08-23-05 BEACH MAPPING A N D SURVEYING 8010 N. ATLANTIC AVE. SUITE 12 P.O. BOX 542 CAPE CANAVERAL, FLORIDA 32920 PHONE (321) 783-4174 FAX (321) 783-1058 SCALE: 1' = 120' SHEET 1 OF 2 JOB N0. 05-105 Prepared by and return to: R. Mason Blake, Esquire DEAN MEAD 8240 Devereux Drive, Suite 100 Viera, FL 32940 Grantee's tax identification number: 411,11110411611* Property folio number: 11111111111110111111111111 pm onewWww 4892 / 1145 Scott Ellis Clerk Of Courts, Brevard County *Names: 2 Trust 1.50 Rec: 9.00 - 944.30 Mtg: 0.00 Serv: 0.00 'Excise: 0.00 Int Tax: 0.00 Warranty Deed This Indenture, Made this Aiirit day of April, 2003 between BJORNAR K. HERMANSEN, Individually and as Trustee, grantor*, whose post office address is 245 Hacienda Drive, Merritt Island, FL 32952, and AMBASSADOR SERVICES, INC., a Florida corporation, grantee*, whose post office address is 245 Challenger Road, Cape Canaveral, FL 32920. *"grantor" and "grantee" are used for singular or plural, as context requires WITNESSETH: That said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold, to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Brevard County, Florida, wit: Property as more particularly described on Exhibit "A", attached hereto and made a part hereof. THIS IS VACANT, NON -HOMESTEAD PROPERTY OF THE GRANTOR. SUBJECT TO RESTRICTIONS, RESERVATIONS AND LIMITATION OF RECORD, IF ANY, AND TAXES FOR THE YEAR 2003 AND SUBSEQUENT YEARS. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Witnesses: P tName Late A • Plo/Z+et/ Print Name STATE OF FLORIDA COUNTY OF BREVARD BAR K. I ' SEN, INDIVIDUALLY • ► TRUST The foregoing instrument was acknowledged before me this 2 day of April, 2003, by BJORNAR K. HERMANSEN, INDIVIDUALLY AND AS TRUSTEE. Said person q/f is personally known to me or ( ) produced a driver's license (issued by a state of the United States within the last five (5) years) as identification. v17115 P t Name: C g/'JQ L Notary Public, Stqe of Florida Commission No )0523, My Commission Expires: O�p,QY Pep, OFFICIAL FRANCU CARVAJAL 1 �Tf n 1.7 * COMMISSION NUMBER D0052345 ��C `OF MY COMMISSION E CPIRES SEPT 10,2005 EXHIBIT "A" Y A i i i 8 i i LEGAL DESCRI PTI ON: CFN 2003122419 OR Book/Page: 4892 / 1146 A PARCEL OF LAND LYING I N SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERI DI AN, BREVARD COUNTY, FLORIDA AND BEI NG MORE PARTI CULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTI ON 15 (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER); THENCE S 00' 47' 35' E. ALONG THE EAST LI NE OF SECTI ON 15, A DI STANCE OF 1358. 60 FEET TO THE POI NT-OF-BEGI NNI NG; THENCE CONTI NUE S 00' 47' 35' E, ALONG SAI D SECTI ON LI NE, A DI STANCE OF 135. 89 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLI C RECORDS OF BREVARD COUNTY, FLORI DA; THENCE N 89' 52' 44' W, ALONG SAI D NORTH LI NE, A DI STANCE OF 225. 00 FEET; THENCE N 00' 00' 00' W. A DI STANCE OF 132. 32 FEET; THENCE N 89' 12' 25' E. A DI STANCE OF 223. 14 FEET TO THE POI NT-OF-BEGI NNI NG. Meeting Type: Planning and Zoning Board Meeting Meeting Date: 10/26/05 AGENDA AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL Heading Variance 05-06 Item No. SUBJECT: Variance to build a conveyor system within the 25 foot setback DEPT./DIVISION: Building Department 4 Requested Action: Recommend to the Board of Adjustment to approve/deny Variance 05-06. Summary Explanation & Background: The applicant desires to build a conveyor system from the Port of Canaveral into his property with the purpose of moving aggregate. The applicant previously requested a variance to accomplish his desired task. It was recommended that a special exception for conveyor belt systems. The City Council approved the change to the code to allow conveyor belt systems in the setback with specific location conditions. The applicant appears to meet those conditions. If the Board approves the special exception they should recommend denial of the variance for consistency. 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 ar wtnce71'105-Ob L ity of L:ape L:anaveral APPLICATION FOR VARIANCE Mailing escrow: gi3z40 Date riled rJ Fee Paid 250, 00 $250 Filing Fee is non-refundable Description of Request: (Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted). Attach separate sheet if necessary. Budd CD,i Jtf o/L 3 ELT- o VEIL as- i'zivT 6-e T back. /3-c-*-e.aA> C',a C AvVia vF,e�rL PVUo /96- (714011141-432i7e-- �n � frt -,- /WI' Address of request: 2,'/S CL +LLEA/64L Q/J • Legal Description: Lot(s) , Block , Subdivision Section .L/ , Township 3 7 , Range /S STATEMENT OF FACT: State of Florida, County of Brevard I, aO /I (q .1 , being duly sworn, depose'and say that: I am the owner. XI am the owner(s) designated agent.(Attach notarized letter of authorization). Owner(s) Name: , /'YIi3ASSA 4,0,L �.VI G rs Address: IP O. f8nX 406-41 Cgf1e C 4'MA — f'L 9?` d Home Phone:3 — 868' Work Phone:7t9'f' 66/ FAX: 868 "S-A6 2, All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to artd subscribed before me Siof Applicant: on this 6 day of 3,001c Notary Public, State of Florida NOTARY PUBLIC -STATE OF Susan L. Chapman fit Commission # DD384306 Expires: MAR. 23, 2009 Bonded Thru Atlantic Bonding Co., Inc. The completed request form and the $250.00 filing fee must be files as follows: Requests for Variance, 14 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. FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No. on Notice posted on Bulletin Board on Notice posted on subject property on Property owners w/in 500 ft. notified on Variance Application/Aug.00/Page 1 of 4 Ambassador Services, Inc. P.O. BOX 654 • CAPE CANAVERAL, FL 32920 T July 6, 2005 E L 3 To City of Cape Canaveral 2 1 8 • Re: Variance Applications 4 4 6 6 1 We the owners, of Ambassador Services, Inc. hereby grant Randall May as our attorney-in- F fact to file such applications and forms on our behalf and to take such actions as he shall deem A necessary and appropriate with connection to such variance application. Please direct any correspondence on this matter to Mr. May at the following address of: Ambassador Services, 3 2 Inc. P.O. Box 654 Cape Canaveral, FL 32920 8 Thank you for your cooperation. 6 s 5 2 6 2 E M A L A M B A s s A D 0 R s E R v E N C E A R T H L I N K N E T Very truly yours, Randall May pATE OF FLORIDA Susan�L. Chapman Commission #DD384306 Expires: MAR. 23, 2009 Bonded Thru Atlantic Bonding Co., Inc. —� —G5> This worksheet must be completed, legible, and returned, with all required enclosures r n e o erein, e g epar en ; a s pri r o e sc e u elc meeting to be processed for consideration by the Planning and Zoning Board for study and recommendation to the Board of Adjustments. You and your representative are required to attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning & Zoning Board holds its regular meeting 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, unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT (attach notarized letter of authorization if not actual owner) 2. PROPERTY ADDRESS qqF REQUEST: address is not available, give general location) -0... qs CAA L,LeAien 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Lot: , Block: • , Subdivision: Parcel: Oeo9.. l , Section 94.q , Twp. 3 , Rge. 4. Size of Subject Property (calculate acreage): "7 S letoiteS 5. Ordinance Section under which Variance is being sought: / /0 " CA') 6. Current Zoning Classification of Subject Property: M 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information. 8. VARIANCES ARE TO BE AUTHORIZED WHERE THEY ARE NOT CONTRARY TO THE PUBLIC INTEREST AND WHERE, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE TERMS OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE ORDINANCE SETS FORTH SPECIFIC CONDITIONS WHICH MUST ALL BE DEMONSTRATED BY THE APPLICANT BEFORE THE BOARD IS EMPOWERED TO GRANT THE VARIANCE. PLEASE ADDRFSS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING, THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/Aug.00/Page 2 of 4 THE CONDITIONS ARE AS FOLLOWS AND ITEMS (A) THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. or 6 � d1, 2.1es , r-47 w4o4-- C oA) thei ati ewes'. B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. "-ride9,1' &rrf Arcwk. Lodi i .A.au i /-LC.oc(J ' ge.Y--iCe mAlC __m_ 16 a a' e&n C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. Ser0A•ck D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or buildings in the same district. � r -�► bU .L h.e.NS T -^V C111 Al 411, L.� A-k d f 4 24 A— for Al1/4J O . W-e_ litot ✓$ exivtAAhra1/44-- EAsemzur 62DAA, Ti1/4,-- f o IL.T Fd' 0 r Sc_c. Ti a.J Variance Application/Aug.00/Page 3 of 4 E. That the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, is the minimum that would make possible use of the land, building or structure. 'It_ CIA) tkey aeat../ s ""To 5119Aft) ---AL #3ACk • L..l.� """x) 1.♦ O ( D F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. =" T I /it) A IA / ?aNg. der- is SciRt:.o Oi PAIXAV Il i R i e1 ik� & lA) a&2 I,erv3•-- 13.040 / 1 piLSa `TevIC es ALor el r &k ifI9iPic eriz Tit_ Ro AA S. WHILE THESE CONDITIONS MAY SEEM UNDULY HARSH AND STRINGENT TO THE INDIVIDUAL APPLICANT, TT MUST BE REMEMBERED THAT THE ZONING ORDINANCE WAS ENACTED FOR THE BENEFIT OF THE COMMUNITY AS A WHOLE BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY DEVELOPMENT. IT SHOULD BE NOTED THAT THE DIFFICULTIES OR HARDSHIPS RELIED UPON MUST BE UNIQUE TO THAT PARTICULAR PROPERTY (E.G., PECULIAR LOT SHAPE) NOT GENERAL IN CHARACTER, SINCE DIFFICULTIES OR HARDSHIPS SHARED WITH OTHERS IN THE AREA GO TO THE REASONABLENESS OF THE ZONING GENERALLY, AND WILL NOT SUPPORT A VARIANCE. IF THE HARDSHIP IS ONE THAT IS COMMON TO THAT AREA, THE REMEDY IS TO SEEK A CHANGE OF THE ZONING CLASSIFICATION FOR THE NEIGHBORHOOD. 9. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents must be attached to this submittal. a. Notarized affidavit of all property owners. b. Check for the required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURATE BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNIN A ZONING BOARD AND BOARD OF ADJUSTMENT. APPLICANT SI TURE: PRINT NAME: ,A A1O l L.. ijrll Variance Application/Aug.00/Page 4 of 4 T E L E 3 2 1 7 8 4 4 6 6 1 F A x 3 2 1 8 6 8 5 2 6 2 E M A Sincerely, A rip A A . Randy Mary 0 V A. Ambassador Services, Inc. P.O. BOX 654 • CAPE CANAVERAL, FL 32920 July 6, 2005 To Whom It May Concern: We are asking for a variance to build a conveyor belt over the twenty-five (25) feet set back between Cape Canaveral and Port Canaveral boundaries. The purpose of the sixteen hundred (1600) foot conveyor is to move rock from the ships to our storage area to cut back on truck traffic. The variance is on land that we own, to land that we have a permanent easement on from the Port Authority. s RAYMOND P. SHARKEY Chairman TOM GOODSON Vice -Chairman PORT AUTIIORITY June 8, 2005 Notice to Proceed Randy May Ambassador Services P.O. Box 632 Cape Canaveral, FL 32920 Re: Canaveral Bulk Terminal Overland Conveyor Dear Randy: RODNEY S. KETCHAM Secretary -Treasurer RALPH J. KENNEDY Cnmmiscinnar JOE D. MATHENY Commissioner J. STANLEY PAYNE Chief Executive Officer The Canaveral Port Authority has reviewed your plans on the Canaveral Bulk Terminal Overland Conveyor and a Notice to Proceed with construction is hereby issued. Upon completion of construction the architect/engineer must submit a signed and sealed affidavit stating that the plans submitted and the construction are in compliance with the Florida Building Code as stipulated in Section 104.3.2 of the Florida Building Code. In addition, please note that the facilities cannot be utilized until we have these documents in our possession. Additionally, we had asked that your engineers submit signed/sealed calculations to us demonstrating the foundation would not impede the drawdown of the dry retention areas. If this cannot be proven, the system would need to be redesigned and the permit modified. A construction schedule must also be submitted with the dates of all footer pours so as inspections may be accomplished. If you have any questions, please feel free to contact me. Sincerely, CANAVERAL PORT AUTHORITY David M. Hamby Manager, Property, Permitting & Inspections cc: Mark Blake Gee & Jensen Tenant File PORT CANAVERAL & FOREIGN TRADE ZONE 136 200 George J. King Blvd. • P.O. Box 267 • Cape Canaveral, FL 32920, USA • 321.783.7831 • 1.888.PORTCAN www.portcanaveral.org APPLICANT NAMES)/ADDRESS: may, randy 543—B689, Brevard County Property Appraiser Jim Ford Based on data from the Property Appraiser's Office MAP SCALE IS L6000 (one inch = 500 feet) This map was compiled from recorded documents and does not reflect an actual survey. The Breuard County Board of Commissioners, Property Appraiser, and Geographic Information Services do not assume responsibility for errors or ommissions contained hereon Produced by: Brevard County Planning it Zoning Office — GIS, July 05, 2005 BUFFER DISTANCE 500 FEET Notification buffer Parcel/lot boundaries oaeawP a. p421i"! A298-10 R298-04 QUITCLAIM DEED Scott Ellis l lqh Of Courts, Brevard County #Pgs: 3 #Names: 2 Trust: 2.00 Rec: 13.00 Serv: 0.00 Deed: 119.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 THIS QUITCLAIM DEED, Executed this 22nd day of January by first party, Grantor, BJORNAR K. HERMANSEN, TRUSTEE whose post office address is 245 Hacienda Road, Merritt Island, FL 32952 s. t(� to second party, Grantee, AMBASSADOR SERVICES, INC %ll whose post office address is p,0. Box 632 Cape Canaveral, FL 32920 , 2001 (year), WITNESSETH, That the said first party, for good consideration and for the sum of TEN Dollars ($ 10.00 ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances there- to in the County of BREVARD , State of FLORIDA to wit: (I) © 1992-2(XX) E-Z Legal Forms, Inc. ZBAA Ree. (VW This oroduct does not constitute the rendcrine of leeal advice or services. This nrodoei is intended for informmion:II uer nnly :uvl is 11111 n cnhainw• Gu I •, : i u A V CFN 2001011972 OR Book/Page: 4277 / 1806 IN WITNESS WHEREOF, The said first party has signed and sealed the=tst e day and year First above Signature of itn- s Print name of Witness Signature of Witness Print name of Witness State of FLORIDA County of BREVARD On JANUARY 22, 2001 before me, appeared BJORNAR K. HERMANSEN personally known to me (or proved to me on the basis of satisfactory is/ar subscribed to the within instrument and acknowledged to me that authorized capacity(ies), and that by his/I+r signature(s) on the behalf of which the person(s) acted, executed the instrument. WITNESS my i and official I r\ Sig a'lre f First 'arty) citctk, v)--Q Print name of First Party Signature of First Party Print name of First Party ture of Notary State of 6 /e/ } County of ,k 1/ On �z4,ic&f0 kr—r/ G / before me, appeared personally known to me (or proved to me on the basis of satisfactory is/are subscribed to the within instrument and acknowledged to me that authorized capacity(ies), and that by his/her/their signature(s) on the behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary evidence) to be the person(s) whose name(s) heNtefthey executed the same in hisr instrument the person(s), or the entity upon Affiant Type of ID 0.0;,:44% Francis Carvajal l* *My Commission CC679246 �.� .' Expires September 10, 2001 Known Produced ID (Seal) evidence) to be the person(s) whose name(s) he/she/they executed the same in his/her/their instrument the person(s), or the entity upon Affiant Known Produced ID e of ID Signature of Preparer RANDALL L. MAY Print Name of Preparer 1700 SANDPIPER ST., MERRITT IS., FL. Address of Preparer LEGAL DESCRIPTION: (QUIT CLAIM - BRB TO ASI) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, BEING A RT m rr r rDS r�r+nnn o__� 3 ' 4483, PUBLIC RECORDS OF SAID BREVARD COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST (A CERTIFIED SECTION CORNER AS RECORDED IN THE DEPARTMENT OF NATURAL RESOURCES DOCUMENT No. 00187, DATED APRIL 01, 1984); THENCE S 0-47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE SOUTHERLY LINE OF THE CANAVERAL PORT AUTHORITY; THENCE N 89-55'48" W, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 200.02 FEET TO THE POINT -OF -BEGINNING; THENCE S 0-47'35" W, ALONG THE WESTERLY LINE OF AMBASSADOR SERVICES, INC. AS PRESENTLY LOCATED, A DISTANCE OF 749.68 FEET TO THE SOUTHWEST CORNER OF SAID AMBASSADOR SERVICES; THENCE S 89-55'48" E, ALONG THE SOUTHERLY LINE OF SAID AMBASSADOR SERVICES, A DISTANCE OF 200.02 FEET TO A INTERSECTION WITH THE WESTERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54; THENCE S 0-47'35" E, ALONG SAID WESTERLY LINE OF DEED BOOK 102, PAGE 54, A DISTANCE OF 50.01 FEET; THENCE N 89-55'48" W, PARALLEL TO AND 50 FEET SOUTH OF THE AFORESAID SOUTHERLY LINE OF AMBASSADOR SERVICES PARCEL, A DISTANCE OF 356.34 FEET; THENCE S 23-08'26" W, A DISTANCE OF 147.30 FEET TO THE NORTHERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE N 89-52'44" W, ALONG SAID LINE, A DISTANCE OF 54.33 FEET; THENCE N 23-08'26" E, A DISTANCE OF 601.54 FEET; THENCE N 0-00'00" E, A DISTANCE OF 381.63 FEET TO THE SOUTHERLY LINE OF THE CANAVERAL PORT AUTHORITY AFORESAID; THENCE S 89-55'48" E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 21.06 FEET TO THE POINT -OF - BEGINNING. CONTAINING 1. 743 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. C:\WP\DOC\BRB-ASI !PPM oa%���w. 42P i 180� IIINR aTEO III1PI MM ILIUM 1 IL 1114 Sd1MSi I' T I M•U40/11 111111 L 5f AOIN 11L11 3 1T NM' 54' 1' E PQIO 41 SWAN ILL 411.0 SUBJECT PARCEL POUND N SIMI ILL 41111 ---*----1--.-'- 1' D 1M owner 19E MEI WILT 1 ISINOUS01103 PSIMI 11 MS NM I1 ID 1E MOVED LAGS DISCUSES IM WIC& I®M 110E SOS, MIC iIMI i City of Cape Canaveral Canaveral Bulk Storage Variance Applicant: Designated Agent; Randall May. Location: Range: 15 Township: 37 Section: 24 Acreage: 1.75 Acres Proposed Number of Units: Not Applicable Current Future Land Use: Industrial M-1 Current Zoning: Industrial M-1 Description: The applicant requests a variance from the 25' setback requirement from property lines to construct a conveyor belt coming from the port to the applicant's property along the owner's 25' setback. The subject parcel is currently developed and located south of George King Boulevard and west of North Atlantic Avenue. North South East West Zoning Port M1 Industrial M1 Industrial and C-1 Commercial Port/M1 Industrial Comp Plan Port M1 Industrial M1 Industrial and C-1 Commercial Port/M 1 Industrial Existing Conditions Port Canaveral Vacant Industrial and S.E. Portside Villas Port Canaveral 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. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service"A" with 373 available peak hour trips between North City Limits and Central Blvd. A1A South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing development, the conveyor belt is a means of transporting the materials to the site. In essence the number of trips to and from the site should be cut in half with the installation of the conveyor belt. Traffic Impact Analysis and capacity is not available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing UJdgc lb 1.26 MGD with an excess capacity of .54 MGD. This project will not generate any added waste water. 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. This project could require approximately 1,400 gallons daily. Even though the variance request will not affect water quantity or quality 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 consists of a Canaveral complex, gently undulating (Ca) soil type. Canaveral soils consist of nearly level and gently sloping soils that are a mixture of sand and shell fragments. The water table is between a depth of 10 to 40 inches for 2 to 4 months of the year and below a depth of 60 inches in the dry seasons. The natural vegetation is saw -palmetto and scrub live oak on ridges and sand cordgrass in sloughs. Historical and Archaeological Resources in Amendment Area: Not Applicable. Population Projections and Trends: Not Applicable. Request for Variance Canaveral Bulk Storagc Variancc Summary for Request: 1 he applicant requests a variance from the property 25front and side setbacks from the property lines. The owner (designated applicant) proposes to construct a 1,600 foot conveyor belt connecting the port to the property line within the 25' setback of the owned property. The conveyor belt will pass above George King Boulevard and will be completely enclosed from beginning to end. The conveyor belt shall not cause any preliminary traffic, infrastructure, congestion, or growth problems resulting for the request and granting of the variance. Conditions: The conditions are as follows and items (a) through (fl must be answered in full: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The conditions that exist are unique to the land due to the proximity of Port Canaveral owned lands. The proposed structure is very unique and visual impacts are being reduced by enclosing the conveyor system. Because the Conveyor system has to cross property lines it requires a variance to do so. B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. To meet the setback requirements the conveyor system will need to be redesigned with a temporary or removable section within the setback areas. This does not seem to be a functional solution. Requiring a temporary or removable system may create an undue hardship to achieve. Also the conveyor system has benefits of reducing truck traffic on George King Blvd. Due to the unique nature, location, and use of the property the conveyor belt will need to require a variance referring to the conveyor belts entrance to the property and the conveyor belts distance from property lines and road right of ways. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicant's request for relief of the 25' setback minimum does result from the actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privileges that aro denied by the ordinancc to othcr lands, structures or buildings in the same district. Due to the unique nature, location and use of the property the variance request restricts the owner the ability to improve productivity, while reducing traffic congestion around the area. The granting of such variance does not entitle the property owner any special privileges because of the unique nature and character of the property. Other property owners have the ability to request a variance from setbacks. E. That the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, is the minimum that would make possible use of the land, building or structure. The granting of such a variance allows the property owner to efficiency utilize the land without creating an additional burden to neighboring property owners. F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public. The property in which the variance request pertains to, is situated in an area of the city that is either bounded by the Port of Canaveral or is zoned Industrial (MI) .The existing zoning and proposed use is consistent with the intent or purpose of the zoning code. The proposed construction of the enclosed conveyor belt will improve the public welfare and livability of the area by decreasing the amount of truck traffic that creates noise, vibration and pollution. The proposed construction of the enclosed conveyor belt will also improve efficiency to the owner's property and the neighboring Port of Canaveral Complex. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: August 1, 2005 RE: Canaveral Bulk Storage Site Plan I have three general comments: 1. All owners of the property need to be apparent and accounted for in the signing and documentation of the variance request. 2. A `Unity of Title' may be required to relinquish inter -parcel property line setbacks and other property requirements. 3. The site plan requires a variance (currently under consideration). If you have further questions, please feel free to contact me at 407-629-8880. 1 oaa tvioi iey, MEMORANDUM Building Official FROM: Ed Gardulski Public Works Director DATE: July 15, 2005 RE: Variance Request July 6th Canaveral Bulk Storage The Public Works Department has reviewed the above Variances request and does not have any comments and or concerns. Todd Peetz rl-i .. V.7! VY rage i or 1 From: John Cunningham Qcunningharnaccvfd.orgj Sent: Tuesday, July 19, 2005 11:38 AM To: Tbv Pee Subject: Re: Canaveral Bulk Storage Todd, I have reviewed the request for a variance in the set back; we have no Issues at this time. John Cunningham Asst. Firs Chief/Firs Marshal Cape Canaveral Volunteer Fire Dept. 190 Jackson Ave Cape Canaveral, FL 32920 Office: (321) 783-4777 Fax: (321) 783-5398 ht ://www_ccvfd_org, 8/3/2005 • Planning & Zoning Board Meeting Minutes August 10, 2005 Page 3 3. Recommendation to the Board of Adjustment Re: Variance Request No. 05-06 to Allow a Conveyor Belt to be Located Within the Required Setbacks - (245 Challenger Road) - Randy May, Designated Agent for Ambassador Services, Inc., Petitioner. City Planner, Todd Peetz, gave an overview of the request. He advised that the request is for a Variance to construct a conveyor belt from the Port Canaveral property to the Petitioner's property located in Cape Canaveral. He noted that the structure will be crossing several property lines, as well as, right-of-way easements. He explained that a property search revealed there were three different owners of the properties in question, and that staff has requested that there be some type of joining or Unity of Title of the properties to reduce the number of property lines to be crossed. City Attorney, Anthony Garganese, addressed the applicant and requested that the applicant provide a visual diagram of the structure to identify the height and the property lines that would be traversed by this structure. Discussion followed regarding the construction of the structure; the area of the property the applicant was requesting the Variance for; actual height of the structure crossing the property line setback; if the structure was enclosed; and whether the structure will withstand hurricane force winds. Randy May, property owner, testified that the structure would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high at the middle, and reduced to 5 feet at the base; the structure is designed to withstand 160 mile per hour winds; the purpose of the structure was to reduce the amount of the truck traffic on George King Blvd.; and the Port Authority had granted a permanent easement across the adjoining Port Canaveral property. City Attorney, Anthony Garganese, asked the applicant what type of easement the applicant has with Port Canaveral. Mr. Mays replied that he had a permanent 100-foot easement at the boundary of the Port and the City of Cape Canaveral with perpetual use of the property. Mr. Garganese stated that this was a unique situation in that this may be a jurisdictional boundary issue and that the Board could consider these possibilities; one being that the Board could possibly grant or deny the Variance or consider a legislative change to Section 110-538, Encroachments. Lamar Russell voiced his opinion that this request was simply an encroachment of setbacks and the applicant needed a legislative change. Discussion followed regarding tabling the issue in favor of discussing a legislative change to Section110-538, Encroachments. Motion by Lamar Russell, seconded by Leo Nicholas, to table this agenda item. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Leo Nicholas, to agenda this item for the next meeting, as an addendum to Setback Encroachment, Conveyor Belts. Vote on the motion carried unanimously. ',Meetirg Type: Planning and Zoning Board Meeting Meeting Date: 10/26/05 AGENDA AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception to allow residential in commercial DEPT./DIVISION: Building Department Heading Special Exception 05-13 Item Na. 1 Requested Action: Recommend to the Board of Adjustment to approve/deny Special Exception 05-13. Summary Explanation & Background: The applicant desires to build residential condominiums at Oak Manor mobile home park currently exists. in a commercial zone in order to construct approximately 122 use. A concept plan was provided with the application for The applicant is requesting a special exception for residential condominium units. The majority of the site has been utilized as residential review. 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 .City of Cape Canaveral Building Department c. eu E)( R (Please Print Legibly or Type) DATE PILED- -`2O "0r_) _FElr t .Erosrr���;-�+1 RECV'D BY: 5o,C." _ ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST GON Ind Special Exception is for what (Brief Description) fi puvose P ) � Te-c-• no- 33q (to Address of request (if applicable) / 9d Oak( hiking( brAe.e__ Legal Description: Lot Block Parcel Subdv SGC- 47T/ t to r� Section Ii Township Z/ Range 3 / Th is it STATEMENT OF FACT: State of Florida, County of Brevard_ ; I Kevin! P. Mi't U.{d , being duly sworn, depose and say that 1 am the property owner. $.1 I am the owner(s) designated agent. (notarized authorization required) e vt Owner(s) Name(s): t `aA "( f de C-ioule m Address: / r ° Oa K `'Rate it hv1U j 144/C x-►'i/ K M� Y\ kb Home Phone Work Phone ? 91 "0 7/1 E-Mail �VS\1 Applicant(s) Names(s): Sea bamid Coln ucf ors L. L C. Address: dess: 34 t S Shady Run R( k 16. 32 f 3 cggike Phones°8-$!91 Work Phone SO 4L13j � E-Mail Vve1511 CA'SJf»t IL- Gr t• ✓✓icrn4 All information, sketches and data ontained and made part of this request, are honest and true to the best of my kno rle c q and belief. b Q Signature of Applicant las 'ID dayo Katy E. Moss _,, '.,m . ;_ MY COMMISSION # D0113233 EXPIRES May 15, 2006 �'�� ��' NDED THRU TROY FAIN INSURANCE, INC. The completed request form and the $250 filing fee must be filed as' ws: 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 ) Notary Public, Stat of Florida 2 iJ 7 c6 ' City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This applirafinn must he 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) 868-129? DATE: 1. NAME OF APPLICANT(S) 5 A-804i?-t Col Sr,&jcgfg.s, cx,c ADDRESS (if assigned) PHONE # SC - 9 Y 3 / FAX # 73 3 -13 C7 E-MAIL Wthii C can St'Uc404 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: 04 COO LOT: BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SEC_ I'ION: / LI TOWNSHIP Z / '• (12ANGE 37 DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SEA: i'ION 2) Sec. NO- - 33 L% (l a ) 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 SH h 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 j (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 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): 72e$126 c s n u r / ZZ ' ComuoMtNraM ifivirs 5 uuiioa. Betty T. Gould y RIAATIfi1Y The undersigned, HOWARD M. GOULD and BETTY T. GOB, Tr,�stees_ h by--- swear and a as o ows: 1. That we are record owners of real property located in Brevard County, Florida with street address of 190 East Central Blvd, Cape Canaveral and with legal description more particularly described on attached Exhibit A hereto ("Property"). 2. That we hereby authorize Seaboard In vents, LLC, Seaboard Constructors, LLC., and. their authorized agents and representatives to appear before any and all local (including but not limited to Brevard County and City of Cape Canaveral), state, and federal officials and boards; and make, file, and process all applications for approvals and permits, including for special exceptions, for and on our behalf with regard to the Property. In witness whereof, the undersigned) have signed this Authorization as of the Iast date set forth below. /6- A / 67/49 Howard M. - Date:y_. STATE OF FLORIDA COUNTY OF BREVARD SUZANNE M. THURSTON S g-' MY COMMISSION # DD 176336 .��:g EXPIRES: January 8, 2007 %�iir:e •` Bonded nw Notary Pudic Underwriters. The fo oing was ac owledged before me by Howard M. Gould and this/' da of i 2005. Pe.uonally Known V OR Produced Identification Type of Identification Produced blic/State of Flo xAwarxvReal.property\SeaboardIGovtd-Ss- ot tfac at Large Commence at the West corner of said Section 14 and run S.01 °05'25"E., along the West line of said Section 14, a distance of 705.90 feet; thence S.89°23.'00"E., a distance of 865.65 feet to the Point -of -Beginning; thence continue S.89°23'00"E., a distance of 169.20 feet to a point on the Westerly Right -of -Way line of Old State Road No. 401; thence N.07°32'50"E., along the aforementioned Westerly Right -of -Way line of Old State Road No. 401, a distance of 97.47 feet; thence N.85°11'46"W.. a distance of 173.1 feet; thence S.04°58"08"W.. a distance of 109.71 feet to the Point -of -Beginning. Containing 0.41 acres, more or less, and being subject to any easements and/or rights -of -way record. DESCRIPTION: PARCEL FOUR (VACANT FIELD): A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the West '4 corner of said Section 14 and run S.01 °05'25"E., along the West line of said Section 14, a distance of 705.90 feet to the Point -of -Beginning of this description; thence continue S.01°05'25"E., along said West line, a distance of 189.99 feet; thence S.89°23'00"E., a distance of 846.19 feet to the Southwest corner of land described in O.R. Book 667, Page 103 of the Public Records of Brevard County, Florida; thence N.7°32'S0"E., along the East line of said lands recorded in O.R. Book 667, Page 103, a distance of 140.0 feet to the Northwest corner of said lands recorded in O.R. Book 667, Page 103; thence S.89°23'00"E., along the North line of said lands as recorded in O.R. Book 667, Page 103, a distance of 159.89 feet to a point on the Westerly Right -of - Way Line of Old State Road No. 401; thence N.7°32'50"E., along said Westerly Right -of -Way Line, a distance of 51.33 feet; thence N.89°23'00"W., a distance of 1034.85 feet to the Point -of - Beginning. Containing 3.92 acres, more or less, and being subject to any easements and/or rights -of -way record. PSL:1 6307:7 SELLER PAGE 16 OF 16 EXHIBIT "A" REAL PROPERTY DESCRIPTION: PARCEL ONE (TRAILER PARK): A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the West'/a corner of said Section 14 and run S.1 °05'25"E., along the West line of said Section 14 a distance of 474.9 feet to the Point -of -Beginning; thence continue S.01 °05'25"E., along the aforesaid West line of said Section 14, a distance of 231.0 feet; thence S.89°23'00"E., a distance of 865.65 feet; thence N.04°58'08"E., a distance of 109.71 feet; thence S.85° 11 '46"E., a distance of 173.1 feet to a point on the Westerly Right -of -Way line of Old State Road No. 401; thence N.07°32'50"E., along the aforementioned Westerly Right -of -Way line of Old State Road No. 401, a distance of 135.13 feet; thence N.89°23'00"W., a distance of 1069.8 feet to the Point -of -Beginning. Containing 5.17 acres, more or less, and being subject to any easements and/or rights -of -way of record. DESCRIPTION: PARCEL TWO (CENTRAL BLVD.): A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the West'/a comer of said Section 14 and run S.01°05'25"E., along the West line of said Section 14, a distance of 895.90 feet to the Point -of -Beginning; thence continue S.01°05'25"E., along the aforesaid West line of said Section 14, a distance of 410 feet; thence S.89°23'00"E., a distance of 999.88 feet to a point on the Westerly Right -of -Way line of Old State Road No. 401; thence N.07°32'50"E., along the aforementioned Westerly Right -of -Way line of Old State Road No. 401, a distance of 41.3 feet; thence N.89°23'00"W.. a distance of 1006.08 feet to the Point -of - Beginning. Containing 0.94 acres, more or less, and being subject to any easements and/or rights -of -way of record. DESCRIPTION: PARCEL THREE (SMALL HOUSE — TRAILER PARK): A parcel of land lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: PSL:1 6307:7 SELLER PAGE 15 OF 16 PURCHASER (/ 00/22/05 13:53 FAL 132126519864 LANDAMER I CA W.l Vvc(V 1 1 C 0 02 PMaid for lara .& Mir Oorava .•p Peak CM..de, 11410*da atcanr_ o a1x: eitiraro �UffV $L'C4 Jt F1, A. illarnaity (STUMM ANY—i4QIOU 41U.12 pia 3absaker. Mods tees �► ' ' filly of .silly Based K. Gou2d east natty D. Cavald, hullibfted &sl wide, Yr1iL ihi.Utne,U woe arspa sd b/1 DOI.� A. i7�iC�SI�. _C9p. Addr.w 4a2 N. Ji;3x'hu a ity Blvd. lealkourns. Florida( 32.935 1Y19 , iithum of Itw Counts of &ward . Oros. et i►Lteas reiseial !1. Crw24 Reid Betty T. Cbuld, ate teneente] ip fie, alai rat as tenants ty the Wnttinty, whoa pow *Me addiaa N 31 that ;faint mime eF the Caww of >i d some Noah,9'ioaddie, 32031 Isom re i'LpticSh 9uariar•, pat ilitturearti4. ?N.i .ihl airless, ter and M elea ennalliae .t MM so. .1 Ten (510.00) Ina ag400 o■d o+t.r wolf and aebiebio oenddra1.nt lo aid ren4r in h.neifin` ►dd by sail groat.., fir r.s . m,. ff. b en erMINId, rlid .itd sold a firs mid 9rlOras.i. anal orora.ds 'Ir:.c end aisi7ss !sower. the AeNad ' ; �'1t '^ ng Simard arty. Na•ide. rowiti SEE Xirl.>10EIED fe l'1" 'Pe FM MPS. INE9CRIFFICli. mum Jf o Giarjeet of awl taD es tioele, teiltrietteme, S 3!{Illi)�rihel e1q><ticablt aotdsog ordiranoce. BribiRat to eases Lar leer year 1979 and _____ hot STaTE7:0FLCICIDA "r DOCl7Mf NYAA7 ilAMD tAX Uys CO D, I.4Tlillk*UL za - 3 .a z.1.44. r. 00. S0 .9 :11.l1 t anti elate doom !woke, Fvlty w.n..o >ty tiNr r. aid ►ond. P•.d will Hlrn l sirs sums mamma th. lo.rivi ebima ai pit 6 h 0 h i 'Game' and "prastee" an surd lor awoke. or pluwl, .r esn+alt r.M.:r s. 9 &rapr Las Waxen set eromia's had and MMl ale day and yew Cann obese .,rT1ws. dii,arwi in our oRMeca a7eaid X. G etad ( i•1 OD COI NOW 1°Jetiy K' ree744110 Aso) (Sec it I., •a. k.e;eR rip,ai. Me. panou., describ+d ir, and wiw ea.cUwr4 nnd Ow foregoing iVa ont anal rrekse.44.6d b.ler, .r.b.or 11 416. i i.t�d Oro soon. I � jAi !ei red a�6tAel not in rhe Coe and Ole ro knit o Sad tide ti is , fins ,1C.4' ,.1'' O SLAYS OF F1atalF1 gown' OP BIM= HUSSY S> WY +hur In ibr My brews me, an afar IdwI doelHY4 to law tiee.mededarnalH. annoroire apeeared Sabot N. Cei1UA taxi tatty T. 133uld, tamhara7 nod wife. cloy of July Mown. Foblir 43 40. det 00/22/05 13:54 FAI 13212e99884 L.ANAAIfERICA Ii 003 0,'XKI1iIT aqn The fallowing deaeribed real estate in Brevard County. Florida: That part of the ;South 0,00 acres of the North I. OO le4reP of the Southwest Quarter of the slouthweet Quarter of Section 14, Townehip 24 Booth. Range 37 East, suits, lying end being West of the West right-of-way of State lived 401 (formerly known &m Mara Road AM); eocoeptiaG theref root. however. land* deeded to Rose A. Sumrall by deed noted Septeaal ar 3'1. 1150. and recorded 1n 0f1061 Records Book 41. page 402. public records of Brevard County, 5'lvrids; and being further described as: Begin at a point on the West line of Sectkaa 14. Tbwnebtp 24 South. Range 3T Rant, Tallshsasw Meridiem, which is 770.03 feet N11t4t of the t'.outhwe*t eotri*r et said Section 14, as meseured along said West line. Prom the Paint of Beginning run North along wdd Weet line 524.4 fret; thence twat. parallel with the North line of the southwest Quarter of the Southwest Quarter of said Mien 14, 000. MI feet to the West Right-of-way of state Road 401 as presently laeatad; thence Seuthweeterly along said Want right-of-way 334.11 tenett theme West, parallel with the North line of maid Southwest Quarter of the Eouthweet Quarter 050.34 felt to the Mat tax 8t61nning. All bang sad 13 fug in the Southwest Quarter of the Southwest 4hwrtvs, Suction 14. Township 24 South. Range 37 East, Byword County. Florida. and o)J7ntnirtg 4.5 acres, more or 1+ss, *seep that parcel or tract conveyed to Rose A. Sumrall, said eoeveyanoe beteg recorded in Qlfiaiel Records Bc•pyt 41. page 400. ptib3ta retarrda ut Byword county. !glories. together with dwlling house and iaa13+r setae looe►iect ass rote property ktwwn as 'biil'e 'Sailer Court". ALSO , . t hr:,, . cif land located in Beaten 1a. Township 24 South. Range 37 East, des ribeea as fellows: Begin at a paint on the West line of said Section 14. which is 003.03 feet North of the Southwest corner of said Section 14. as laeaaured along said Weet line, and thanes run Eat 232.42 let, more or lees, to the West right-of-way lined State Read 401, and thence run Northerly along said Went right -of -nay line of said State Aced 401 13 1/3 hat, by per- pendicular meanurasttent to a paint, whtylt point is the Point of beginning of the band herein described; from said point of beginning, aced fora Yirst course, ran Northerly along the Wet right-of-way of said State Roan 491 a 481401110e of e21/2 feet by pes'peedleular teessur,entent toe point; thence for a seed wearily rue West 440 feet toy a poia3t; tbepoo for 4 third csruree rrta South 42 1/2 feet by perpendiauisr measurement; and thence fora fourth course stM tent OZ4.72 teat, glare or lees, to the Weet right-of-way line ore State Aatd 401 to the pedot of beginning, ALSO the South 5 *wares of the North 21.20 saran et the Southwest Quarter of the Wvtttbwtst Quarter of Section 14, Tvwneliip 24 South. Range 37 East. except the East 040 feet measured slang t?. north line thereof, of that part of said property which lles West of Righway 401, *lea arioept that part of said property which liee Etat of Old Highway 401 (now known es Nets Mantle Avenue) ALSO, that part at the South 4.00 acres of the North !4.00 acres of the $outh.leut Quarter of the Sc► ubwent Quarter of Section 14, Township 24 south, Range 37 Laat. described as follows: Begin et the point where the woe; right-of-way doe of State Road AlA intersects the South lino of mild tract of land; hum mad Feint of bogie/tint ruts the South line of said treat of land Weet 125 fort; thence North 70 tea;; thine* East parallel with the South Line o4 said tract 125 feet, ttaore or leas. to the Watt right-of-way line ad Brans Road ALA; t.benou run the West Ti,ghi-of-Way 1SJi4 of State Aced ASA Southerly to the paint of beginning. ItirIrAs ",ace '141 '02/22/05 13:54 FAI 132126%9884 LANDAMERI CA VV4(V,, ALSO. A tract of hints in Section 23. Totaaelhif 28 Souta. Raub 37 • But. dercttsed as t Uoaa: Cammenee at the Northwest corner of said won 33 and run South on the West boundary line of said section 33. a6a feet to a point; thence run Pact parallel with the North line of acid &sedan 24, 530 feet to the Nartheaet corner of land of Richard A. and Phyllis C. Bias, as described in deed recorded in aff1 i.l Records Book 130, pose 200, which point la tlea paint of beginning of the land herein described; from said paint of neatrt,:dna rtina 641It its the Weis lies of the right-tatrday of State Road COI. thence rue South along the Wee right -a! -wily tar State Rbad 401 until o perpendicular distance at 100 fee heal been reati&edi thence run West parallel with the North lice of said Section 22 to the Swatheoat corner of land of Richard A . and phyLlis C. Sias daearthed in afsiei►1 Aehtrda Beck 130, page 200 el reaaid, and thanc. rwi North alo0g the Beet line of atld Richard A. and Phyllis, C. Mae property described is official Record, Book 120. peg* 290. aforesaid, 100 feet to the point of beginning. ALSO. Lot 10, Block "D". PA134WAY E'$TATF.S. according to the Feat thereof, ma rawrded in Plat flock 78, page 124. Public llecords of Brevard County, Florida. ALSO, Part et Lots C and D of Tuterte Subdivision according to Plat of staid ,retbdlViOibtt recbbd1d in Plat Book 1. page 22, public records of Dravar4 Coassty. Florida, bind W,Vat at Seat. Road d01 (tarmerly known as AL) . as Parcel No. 1: The South 44 feat of Lot C, 'l'VTBN'S SUBDIVISION. unsording Ste the plat thereof recorded in Plat Back 1, page 22, Public Records pf 8rworxd Cou>aty, Florida, lying West of State /load 401, ar.d The North 145 feet of Lot it, TUIEN'S SUBDIVISION, according te, the Flat thereof recorded In Plat Book 1, page 22, Public Snorer. de of Lir.verd Cautery. Florida, lying West of State Road 401 lees and except lands daworibvd in Parcel No. 2, Parcel No. 2: A pa:.rel of land lying in Section 14. Township 24 South, Range 37 East, Brevard County. Florida, being more pertioular],y deeoatbed as follows: Commence at the West Quarter earner of Baia Seelion 14 and Tura South 111° OSt 23" Bast, alcaig she Worst list* of raid Sendoff 14. a diet/owe of 262.20 feet; thence South 00° 23' 90" Beat. a diae.nae vi 005,65 feet to the point of Beginning; thence continue South 00° 33' 00" Baas, a ciiatanoe of 1ti0.2C feet to a point on the Wa3terly right-of-way line of Old State lined Ni.. 401: thence North Of. 32' 30" East, along the atnrementdonsd Westerly right-of-way lice of Old State Reed No. tel. a diatoms of V7, 47 fleet; thane Nord, 85° II' 44" Weat , a die ulnae of 171.1 reset hence South 04° 68' 0a° Wert, a di.atanae of 108,71 teat to the Paint of Beginning 0.41 'scree, more or less, and being subject to any atee:nen:a and/or rights -of -wry Of record. Aro°, That portion of the _following described land lying Weal of State fleas 401 (formerly known gas Ail); The North 160 feet of the Swath 231 feet of Lot D, Tntena Subdivision, atesotdlag to the Plat thereof record in pit: Zook 1. ae page'42. ache Ptlblie itlzaasda os8revard Cowuy. Florida. LESS AND EXCEPT that certain property described in deed renor'ddd ir, Official &waraa Hoak 857, page 03, of the Public Reoo74,e of Brward County, alOricis , ra 8 pACF 14Z' 21004 44/22l05 0:34 FAX 13212699884 LANDA}tER I CA RE44Ri;aC .t'itzu Y�n.PIF;r 1 ' 91Ecacru1t cum. l'•• Nebel far 1tb fYiesy tima Wanda its* ulj m prrp«pd by. �-r�rrrr�a Warranty Dud .90rif]Rr, Swarths Iltehtsy T. amaaa (STATYTott room -snob 419.01 e.9.) -« July itet•alsr. ex 432 N. Aaub= ClNM. eielb eras, Florida, 3233E tap9 , Item* ai ►he Collett, ell Ohevard Sksee ei Florlde Batty T. mer1Td, it► far o.p.c ty Ma Trustee, GC her is thirst. Ulb,A 1 dated 8-79 W1574 itt �� ipurerftt brai conserve, 1tx? Mill. 3a+la•r, s�ove9 eat ailae {N aria 32 Most Aft Itudird berva et d.. C.w.+r fir 35i31 tweezed . grant..+, 3#itgrasrs4. 7tlert Mid MOW. Art and Is cast efytla. ad es am si fine quipor W and noilee sod Aar +�I.i+t+l. has M sold Olaidur laid is haled ..w bI NU •Iewla., +1r aria % .rh,wo4 k Al daoleled Iw,d. Outdo, tying anal Insane in grantee's Iwn a*d awl.* 'iwwit.,she falbwi./9 Cew+r• l+e.td., iwiw An voatviaeei fifty Mt) per tent interest th Gild to Siva reel I I I U l I t i l U l i ff r asectrIbed 1>0binthit 'A' +ettecte l llaretlnt Subject m eaeditiotn, resizy reservetltres Enid eealmeerate mound and to applicable reusing ceditsaflcees. strjaat bo tams fox the seer 197d end subsequent yBers. rei a✓� e G ntor herein w ants and represents that neither she news! her badly reside tppae said property. and that said pseprrey is not stead property a9 &eased under Florida Constitution 1965, Article X. r LI �t�tru • "t^,roreRlr" i Nalk- eed deiwrrd in car Vt7 Ph. 9. wartpa >tw *ids 1e soli lelld, end will Asdrnd ihr amp pyre *, lawful claims erf ail ofld 'Of aunw,. en Wee for rryryr ar tiv►,r, no ea.Mrd nrevive. *ranter toe herivnrs sat •reree/s Nina esd irW Itle Ody Cnd Igor nisi aboor yr non. rrelmta Betty Ttxdam-- �" c Cin rr ra • V▪ �Ailfeue Aar g. v °w • diFi,. t 1,iK ('tetmoos AA.Y7 - I ehOt RIO 111i1 de. .wlWu n... saw ..e16wr dimly q.+f.Byi tip 10i. ad. nim miet.,.,+np prsagnr rpprer10 T.i i 45., ra pram e4w•ad ill end An esK,ytrd d» Fonnotiag irrnrun ..f «Irl goat all/ ailkid Yol is tle C.wnty and Ski* la0 tkikMa. sts.wOrdel Comintties ratites July 1111 eat et7ti6 PAGE 143 • • rwd acErrol.riKkoad 111i y,a II cloy of July a R. q(I vvw f v 1 1 fit 00 3 rn Z 006/011 09/22/05__ 1 ;54 FAX 132i28098d4 LttNDA)ERICA tacos Matron "A' The following deet:iib.d real estate in Breverd County, Fluridat That part at the South 4.110 acres a the North 16.80 acres of the SO ihweet Quarter of the Southwest Quarter of Beetlen 14. Township 24 South, Range 3f Suet, suite, lying end being Weal, of the West right-of-way of Slate Road 401 ifeaveer2y known as estate !toad AIA): excepting therefrom, however, Honda deeded tc Rose A. Sttmrall by deed dates September 20, 1950, end recorded la OtMeisl lieearda Beak 41, page 433, public records of Brevet-4 County, Florida: and beteg further described al: Bsgia at a pleat oe the Wiest Elise Etc Sootiest 14, Township 24 South. Flange 37 East, Tallahassee's Meridiem, which is 77a43 test North of the $otuthweat corner of said Seetien 14, se eteaeure+d elotsg mid West Hiss. !'ram the fetal of Beginning run NO!'l!i along said Weal fine 224.4 feet; thence east, parallel with the North nee of the Southwest Quarter at the Southwest Quarter of said Sachet l4, BSC SS feet to the West Rigbteer-Tray of State Road lel ea presently located; thence Southwesterly along mad Wet right-of-way 228.1I feet; thence Weet, parallel with the North lino at Bald Southwest Quarter of the southwest Quarter 154.88 feet to the Padtst of Beginning. All being and lying its the Soutthviest Quarter elf the Southwest fti ereer, Station 14, Township 24 South, Range 37 Seat, Brward Ceuaty, Ylosids, Sand earrtainipg 4.5 sores, more or leas, except that parcel or tract conveyed to Rees A. >Btlt'arell. field eemveyance being rteorded in Official Records' book II, pegs 443, public records ofsrevard County, Florida. together with dwelling holies and trailer court located or, said property known as "Hill's Trailer Court". ALSO, A tract of hind located is Seaton 14, Township 24 Sautlt. Menge 37 Eitel. described es follows: Figgie at ¢ point en he west line of said 5eedon 14, which is 605.03 feet Borth of the Southwest saner of said ueetien 14. lie rumoured sloop said W.24 line. and thence run Eaat 032.42 feet, more ar ices, to the West right-of-walr Ube of State Road 401. end thence rut: Northerly along said least right-of-way line of said Mate Reed eel S2 112 feet, by par- p.ndicular teeaeuretsmnt to a ?Ord, which point is the paint of beginning of ties hard herein described- from mid point of beginning, and for a fires courage run Northerly along the West right -of -.way of Bait State Road 401 e distanete of 82 1/L feet by perpendicular measurement to a point; thence for a second course rum West Sin feet to ■ point; thence fora third course rum South 72 1/2 feet S20.72 n� moo or less, measure to the @a g i-of- yr a H oe on State Rood 401 to tbs point of beginning, ALSO the South 3 acres or the Korth 21. B7 acres of the Southwest Quarter of the Southwest Quarter of Section 14, Township 24 South , Range 37 Cadt, except the beat 040 test immured along the North line thereof, of that pert sit said property when /has Weal et Alghway iai. sloe except that pert of Wild prlapie!'ay Width lies Rats at Old Highway 401 (now It -.own is North Atlantic Avenue) . ,. /LW', that part of the South Lest arras or the Norsk; 11.10 aerie of the Southeast Quarter i the Stxuthweet Quarter of Seeder' 14, Township 24 South, Range 37 Feat, described es fellows: Begin et the paint where ebe West right -or -,say Erie of State Reed MA intersect/ the South line et aeid erect of land; from said paint of beginning run the South line of said tract )and West 123 fest; thence North 13 feet; Ono, Cart parallel with the South Line of said tract 125 reel , more or lams, to the West rignt-of-way line of State heed AU: uremia run the Were right-of-way line at State Road �Il/t $4 uttterly to !ho pthie,t et beginmlrM, cry'$ AAGF fdd •�r .soon �. •:J ,J . V 09/22/05 13:55 FAX 13212690884 LANDAMER I CA ALSO, A tract of land in Section 23. Township 24 South. Rithga 37 Last, described so foUew*t Commence at toe northwest corner of said Section 23 and run south an the West boundary line of *aid Sattion 23, 333 feet to a point: thence run East par*llal -with the North line of said Section 23, 330 foot to the Northeast corner alma of Richard A. and Ft4yllie C . slog, .e draortbo,it )ft deed recorded in CXEcial Rewt•ds Book 130, page 3*0, which point to the point of beginning of the ..,.,d herein described; from said paint of beginning run Last to the Slant litre of the right-of-way of State Road 403. tltonsue run South along the West right-of-way of State Road 401 until * perpendicular distance of Ise feet bead been reached; thence run West parallel with the North line of amid Scotian 23 to the Southea*$ coma of land orAighsst& A. and Fhyllia C. Sint described in Official iieaorde Nook )30, page 200 atoreoald, and thane* run North along the Last line of said Richard A . and Phyllis, C. Mae property described in MORI Records Bank lag. part 280. afare*aid. 180 feet to the point of beginning. ALSO, L.ot 10, Block "D". FAIRWAY ESTATES, according to the Plat thereof, on recorded in Plat book le, page 121. Public Records of Rrevard County, Florida, ALSO, Part of late C and Al of Tutene 8ubdtvigion according to Plat of said rukidivie on recorded in plat Book i. page 22, public records; of Drevard County, Florida. lying beat of SUMP Road 401 (formerly known as A1A) . as fellows: Parcel No. 1: The Soutl, 68 feet of Lot C, TUTEtd'S SUBDIVISION, according to the plat thereof recorded is Plat book 1, page 22, Public Records of Brevard County, Florida. lying West 01 State Road 401. and The North 145 feet of Lot 1), TVTSN'S SUBL)TVISION, according to the Plat thereof recorded in Flat Book 1, ',age 22, public Record% of !!rtvard County. Florida, lying Wept or State Road 401 lead and except lands deataibed in Parcel No. 2. Tarsal No. 2: A parcel of land lying In Section 14, Township 24 South. P.ertge 37 Save, Arsvard County. Florida. being loops particularly described as follows: Commence at the Reit Quarter cornier of eeid Section 14 and run South 016 05' 25" Fact, along ilia West line of said Section 34, a di torom of BOA. 90 toes; thansto South ego 22' 00" E.sat, a distance of 225.85 feet to the Point of Ste nogg thane* continue South Dog 23' 00" East, a dietanee of 188.20 feet tow point on the Westerly right-of-way line of Old State Road N. 401; thence North 07* 32' 50" Esat, along the aforementioned Westerly right-of-way line of Old Sate Road No. 4111, a distance of 97.47 feet; thence North 050 R' 46" Wool, a diatanea of 173.1 foal; thence South 84e 52' 08" West, a deviance of 100.71 Meet to the Faint of 'Beginning a.41 care*, more or lase, «rod aping subbsct to any easements ar,dfor zighte-of-,ray of record. ALSO That portion of the fallowing described lend lying We,.t of State Road 401 (formerly known as A1Q): T , North 100 fetal of the &culh 431 !aft of 1,oi D. Tilton* Subdivision. according W the Plat thereof recorded in Plat Rook 1, at pegs 22, of the Public Reeerda of Erevard County, Florida, LESS AND EXCEPT that certain property described in died recorded in Official Tiettcorde Doak 817, past 103, of the Public Records) of Brevard County, Florida. : R088 ha .143 fm 007/011 !Z007 r.-�-r cued 1J.6'o rnn 09/22/05 13:55 FAI 13212699084 LANDAIIERI CA new we tenayorr 'Han GereeMwfy Pad. drionda, Merida Ilihrtuty Dted (STA4UToln zoe11—Sias0 4s442 rls,) a ^ Thit In9nrmrnt Ma z PINOON4 by Homy Dalai A.. Dattrasr, Es4. naltk HIP= CiVSiL.Byvd. M ft 1 Jjir . 32935 "ft1e atallIbirri Made this 4-ad dar rF dishy0 tsyg . 11111p>M!i liwewd Ma Chi of 04 Comb. aF EOUNf D :>+ id 4{. Gould. in hie N.% or riCaditt �w�r �sa with _ e deity as Trusters, as his eumeseCIre in tun. slur ciiktitrrr413479 ain+ase of tha' h �Eril MAC aid auttaradt7 to ah4 C> Ter to67. ai r lease,.edCL711berC *ion vOka ot+inu 4 32 Nowt RaWi f at a1 the Con* eel > ve fb0oes Beech. 4100. sawn,r 3 931 FIbtida *t!3tMM*. mad as:d prwaer, Uer drd is en'.dtlsraeitn el 1te ewe d Tat ($1O,O0) .4 rain end ether deed end +reMwbla oa.idwr.n.me w said qra, In awed paid by w1d 'Amnion. 1fw F° lend, �� bQ►Ca � and said +b Nr 'teal proQl.w owd Or.�nfrY Wei anal aattye ►w,r,�� w.d 1w �9V81� Caviar, r'Ioidd, ep.4•H7 An undtvicied (504) paY adorn interest in ant t0 the real property at Pshihit "A" ettad l hereto: Subject UT Carlitiona, restriLstinne, retervatkes a eatNACltnts of record and to owl frsqrkle ra drt5 rattuharoteet• Subject to tame ger the year 1979 and subsequent years. The Grantor hers+tin warrants and represents that neither she nor say sraoher of her family Mad. UP= t:ai.d property, and that said property is not homestead property as def5nod order Florida COtuititutioe 1144661, Article x, Section 4. And td0 grantor tit., Tanker ;Or warmer th. en!r 7a Idol /and. Gird .AN derail rM Soma pee.anl l ibeiaerst., against tea lariat drime a ad ea u • •Ylrenkr" IMe% 'Yre"tsa" Gin s.d her s: w !u. .O �r a d, w cort+mlr requt..a. CO albino firr,g Grumor her &errant.) an 4rarrore te:ni vnd s.,d ihg day and roar Rea -• M410eU. dea+rrrd ;n der praewal Pad nowatd Meld vat'UM = - deal (SW) ti t STATE OP COU KTr OPP+,. 1 POMP C=fMIFF yid oh Mar a'o1- Mort In.. oa stares dub Qvadtiad 1. 4.120Uld et e1riraea* or i'R to Oertmn d.wq.Rna • and who uasrUasd Mr ier �' 1►.aclritd 1 Nc'"G irsl,vinanl On d svjw a+t.da.d Lw1.ra No* WWI r �IloWent.' :official cool :n !Ae eoutry eld Seats Isel o • id a tiny of ,Tory C .rr.r coca Mood e NI.. otbtowlidpnranh, pot Jam,* .pv.or.d ma2088 PACE 146 Notary Nora MP f� 008/011 R!oo$ 00/22/05 13:55 FAX 13212699884 LANDA3IER I CA IeVvainII Wb009 $X1H1$TT "A" The following deecribed seal estate in $regard County. Florida: That pert of the south 5,80 scree of the North 15.50 acres of the Southwest queries of the Southwest Quarter of Section t4, Township 24 South. Rang* 37 East, suite, lying and being West of the West right -of -wary of State • Road 40I (formerly known ea stets P.aad Al4); excepting therefrom. however, lend* deeded to Rolle A. Sumrall by deed dated September 25, 183n. and recorded in one i1 Records Book 11. page 455, public records of Brpverd County, Florida; Lod being !firth*e eleseurihed se: Begin at a point on the Wait line of Station 14, Township 24 Booth. ;tangy 37 ?Peet, Tallahassee Aletidian, which is 7TO,O3 feet North of the 8oathwest corner of said Section 34, as m4maured along maid West line. Prom the Point at Beginning riot lacCeth 41ebg said West line 224. 1 feet; thebee East, parallel with the !Mortis Wee of the Southwest Quarter of the Southwest Quarter of staid Seetiotp li, UU9.44 feet to the Meet Right-of-way of State Road 401 as presently located; thence Southwesterly slang said West right-of-weq 220.11 feet; thence Wes:, parallel with the North litre of staid Southwest Quarter of the Soutlt,vaat Quarter 458.88 fett to the Point at Beginning. All being and lying its the Southwest Quarter of the Stmthweet Quarter, Section 14, Township 24 South. Range 37 Rust, Braverd County, f'lorida, and containing 4.5 acres. more ca- lee:, except that parcel or tract conveyed to Rase A. Sieser.11, said conveyance being recorded in Official] Records book 41, page 483. public raeerds of 9reverd County. Florida , together with dwelling house and trailer court 1e.eated 'n said property known as "sm.. Trwiier Court". ALSO. A tract of lend 'tested in Sectioe 34, Pewntship 24 South. Range 37 East. described as follows: Begin at a point on the Went /the of maid seetlen 14, which !s 802.03 feet north of the Southwest corner of said Section J4, am measured alvett amid West line, and ebance rim East 832_42 feet. more or Iesa. I the Want sight -of -way line of State Rand 401, said thence run Northerly along said Weat right-ot-way line croak) Mete limed l,01 22 3/2 test, by per- pendicular measurement to a point. which point se the paint of beginning of the lend herein deseribedl from said paiut of beginning. and far a fret Erma, ran Northerly along the West eiglntetsf.ecay of said State Road 401 a distance of 22 1/2 feet by perpendicelar meaeuretttent b t pellet; thence fez s sawed ceuree run West 640 feet to a point; thence for a third cou:rss run South 82 1/2 feet by perpendicular seaewreenent; and thence for a fourth count rue East 0211,72 feet. mare or less, to the West right-of-way line on Stale ;toad 40l ea the pellet Of btgi ening. ALta'O the 4atath 5 series of tier North 21.80 acres of the Sautbweat Quarter of the Southwest Quarter of Section 14, Township 24 South, Rattle 37 I881, Except the Belt 440 feet treasured along the North lino thereof, of that part of said property winch lies West of Highway 403, aloe except that part of said property which lies East of old highway 401 (now known an North At1*i tic Aventn) . ALSO, that part ad the So.•th 6.80 acres of the lrostn 15. 00 acres at the Southwest Quarter of the Soutbvaet Quarter of Section le, Townenip 24 S nth. Rasp a? Lot, described ar foliates: Begin fit time paint .here the Welt riehtael'.wey Unit of State Road AlA interseete she South line of said tram of land; tram raid paint of beginning run the South Line of said tract of lead WMAt 123 feet; thence North 76 feet: thane* east parallel with the South lice of aald treat 123 feet, more or lona, to the Wit right-of-way Line of State Road A1A) thane. ruts theWest right -al -way litre at State Road .Ala Southerly to the point of beggnnina. 11:1'911rl3 sate 'Li '7 ' 49/22rQk 13155 FAX 13212699884 LANDAMERICA ALSO, A treat at land la Section 23. Township 24 Soup*., Range 37 East, described we ik,Aawe; Commence et the Northwest corner or laid Section 23 and run South on the Wee! boundary line ofaald Section 23, 330 fart to a point; thanes rue £,oat parallel site) the Norte fine 0! /Laid Section 23. 530 feet to the Nartheaat earner of land of Richard A , and Phyllis C. Siena. sa daecrlb.d is deed recorded in Official Records Hook 130. page 260, whiela paint is the point of beginning of the laiid Wereha d Criix:d; Erhe 'mid paint et beginning run Beet to the Went tine of the right-of-way of Steer Road 401. *es+ee run South shift the West right -at( -way of State )toad 401 until it perpendieulsr dietanee of I00 rant has been !reached; thence run West parallel with the North line or raid Section 23 to the Southeast corner of land of Richard A. and Phyllis C. 3isa deaarlhed in Official Records Soon 130. page 2110 aforesaid, end themes run North .long the East lies of Auld Rlebard A. and Phyllis C. Sims property dsscribed to Official Reeorde Bock ]6o. page 210. aforesaid. 100 feet to the point of beginning. ALSO, Lot 10, Block `D". FAIRWAY ESTATES, according to the Plat thereat. se recorded !n Plat Book 10, page 194, Public !Leverrlo of Brevwrd County. Florida. ALSO. Part of Lets C end n et Tuteha Subdlvielon aeearding to Plat of Gait( prbdi'vieion reaseeded in Plat Hoek 1, page 22. public reeorda of Reward County, Florida, lying West of State Head 401 (formerly known as ALA) , se follows; Parcel No. I: The South 66 feet of LOT C. T11TEN'S SUBDIVISION. according to the plat thereof reworded in Flat Hook 1, page 22, Public Record' of 3revard County, Florida, lying West of State Road 401, and The North 163 fret of Lou D. TUTEN'S SUBDftr1510N, according to the )slat thereof recorded in Flat Book 1. page 22. Public Records of 8revard County, Florida, lying Wart, of State Road 401 less and except land& described in Fares) N6, 2. Famed No. 2: A parcel of land lying to Section 14, Townehip 24 South, Range 37 gnat, leeward County. Florida. being mare particularly described as 1b1ioway: Commence et the Weal Quarter corner of Said Section 14 and run South 01° 05' 25" East, along the Wert line of said Section 14. a dietamcs of 6$11.90 feat; thence South 88° 23. 00" 1*ate, a distances of 865.65 feet la tha Paint of 1leginaainCt thence continue South 80° 23' (10'' Csat, a, diete-ce of 189.20 feet to a point on the Westerly righteaf-way line at Old State !toad No. 401; thence North 07° 92• 50" East, along the aforementioned Westerly right-olewayline at Old State Road No. 101. a distance of 07.47 rest; thence North 115" 11' 48" Wase, a dietanne of 173.1 feet; thence South oe 51' 08° West, a distance of 109.71 feet to the Point of Re.ginrcing 0.4) sores, more or less, and being subject to any ervemme end/or rlghta-of-way or< record. ALSO. That portion of the following described lend lying Weal or State Road 401 !formerly known as A1A) The North 1a0 feet at the South 281'feet a! Let b, Tutees S'ubdivieion. occeer4ialto the Pita theses( er-girded in,Flet hook 1. at page 22. of the Public Records of Srevarti County, Flarlda, L.FSS ANA EXCEPT that oerain property described in deed recorded in Official Re. orda Book 237. page 103. of the Pubic Records a! Brevard County, i+'leridn. MnFOSS Pc 14S � U I V I V I 1 Iaioio 6. 09,22/08 13:56 FA' 13212008& 4 LANDANERICA P' ; purr .LAU4 GRAN/Via' Gsaiula w. omannulain4 fiCLEM.O. C1LWDLEA • ' GLorr8Q! viteibuin M. GOSLE .and B6rr71 T. 90t7Ltii CliA141....S'S-t ait.1N0 ADQAld'M==11- tpati a -drive Cocoa Beach; Plori.dit 329»1 DATE: Apra1 • 1986 L1GAL•0ESCRIPTfON OF PROPERTY LOCATE) IN Brerard •�'kAw if COUNfY.FLORiDA: • R > alca1 ¢C Loud lying in 9ootioar 14 Townpbip 24 smith, Mangf . 37 Baser warmed County, riorl.da, befng are particularly ' dceenthad as gallops:, • nummenaa at :Tie Kest 1/4 corner at said Section 14 and run S. , 0143'1Q' 8., 'aio•,g the Meat line of said }Station 14, a d:atance of M AIO feet; thence S. 09.23'00" Sop . distance of.865.65'feet to the 'saint aol..beglnni.ng; thence continua 6. 80°23' 00' 8. , i' . AR distance of 160.20 feet so a point on the slr'starrLy Right -of -Hay_ "t. line of Old State toad No. 401a thence vf. 07132'5a' tl. , along the . arer,meatiol:ed westerly Right -of -Kay line of 014 Etatr head He. 401„ a dLatwoe df '1,47 teen: thence I. 05911'46" W., a distance Of L73.1•fett; themes 6, Gesell,- w., a distance of 109.71 feet to the Poirot -of -Beginning 0.41 *crest mesa oe leer, led bring s4bjeCt to any easements and/or ri. te-af-we7 ef.raoord. Tina purpoan • of this, cenve'.Ao:s is to cancel 'and terminate the. Life 'estate reeei'rod is that certain deed areoes3.4 in Offiaiai .eanoras book 2943..pase 577, !+uh73e rerorde or ar tasd County, rlo$1a. frf1.,Ne t .. r.rr J tat .u.la.,... The Gannett, for and i, sonsiderotioo of the aim of Teti DOLLARS. aid *thy pout MI valuably oonailmotion to the grader in hand paid by the prima. tIw mocha of which is irknpmleJ i1, Ion iscd, teteascsl and glthsiaimei W tie mimeo ail of the Enntw's ryght tit c. Intenot. dalm of (ride it any, which the gu1Ktor mai boo M the abew da moilso•1 lewd. • Xtaeat'aanfquitmwde ed • GFWNT0A: h t4I. LL.- L_kih STATOR PLORIDA COUNTY OF RREv&RD win ta! rad (SEAL' !SEAL) fig pg to zo ' ' The fotegoinp quit'dslns deed wnt u-knawic II: "n A�irii /.% ' 10 es cc ID by C7P7J3 zi. CiUNDLe1 Kook MILER O. • My Cosa minded E1cpi SWAY iatak MIK d AMIN D ?' i.11111 MOMM. Mlelet.1, 444: ROWY ern nary Public MIA losirument ..alcptarpat d by: Mailogrt T. Umr'trA t 770 Mi ilipan :+.w , gida. C P.O. $oat l9$Il Cotes. rbrLia 3:t-.2 CITY OF CAPE CANAVERAL SPECIAL EXCt r1ON 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 tne-application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior_m_hpg}nning the special_exceptionsonside on_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 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.? YES 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? 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 X e' Mi is i r " two R sg ife 'T 1 Is there adequate refuse and service areas? YES _Curb side. Do the setbacks lanrisra pi g, rutnpan--p-teeinct the rcju;reineii6 cif-th 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 7 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? YES 4. 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? . NO 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? CONCURRENTLY WITH THE PROPERTY Ti 8 Old RKS'Itearr 61014 r 1. No, granting of the special exception will not adversely impact adjacent properties, since the proposed multifamily use will require implementation of modern environmental and design standards, such as on -site storm water retention and landscape bu-fferang 2. Police/fire/emergency service demands will be positively affected due to the replacement of older, manufactured homes with modern structures. 3. Yes 4. Yes, there will be 3 points of ingress, egress: one at Atlantic Ave. and Two onto Central Blvd . There is a traffic light at Central Blvd. and Atlantic Ave, and all project streets will conform to emergency vehicle code requirements. 5. Yes, as each unit will have an enclosed garage, driveway (of 1 car width), and designated guest parking areas. 6. Yes, water, power, sewer, and refuse demands will all be within permissible levels of service. 7. Yes, buffering will be accomplished through location of water retention areas and setbacks. 8. Yes, signs and lighting will comply with applicable code requirements. 9. Yes, project design will permit easily accessible curb side service. 10. Yes; no deviations from applicable setbacks will be required. 11. Yes, the exclusive multifamily use will be entirely consistent with present residential uses. 12. Yes 13. Yes, multifamily is expressly contemplated as a specially excepted use in C-1 zoning district. 14. Yes 15. The applicant is not aware of any limitations pertaining to the Special Exception sought. 16. By its nature the Special Exception should run concurrently with the property. ty o ape Canaveral October 6, 2005 NOTICE OF PUBLIC HEARING .THE ADJACENT PROPERTY OWNER(S): Special Exception Request #05-13 Notice is hereby given by the City of Cape Canaveral, that Kevin Markey, Seaboard Constructors, LLC, designated agent for Howard and Betty Gould, 190 Oak Manor Drive, 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(10) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 14 24-37-14-28-0000.0-000D.01, 000D.03 and 000C.01, Tuetons Subdivision (8705 N. Atlantic Avenue, 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, October 26, 2005, 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 11 i.-,..14 ..... r .. N. At anric Ave. i '' antrnT �T�V tt i GF.N: GCS 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com APPLICANT NAME(S)/A➢DRESS: WELSH, KEN OWNER NAME(S)/ADDRESS: RADIUS MAP ORS uNA„Q`' ILVD Brevard County Property Appraiser. Jim Ford BUFFER DISTANCE: 500 FEET Based on data from the Property Appraiser's Office YAP SCALE IS 1:6000 (one inch = 500 feet) This map axis 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 omissions contained hereon. Produced by: Brevard County Planning & Zoning Office — CIS, September 15, 2005 rolnca-wr$arsoo .611500-1.emp N LEGEND: Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing 1� r THE BELLA VISTA CONDOS A V iik „ Waal �. tk�� rw iu IPINI it el . I■ ir, w- 6 UNIT EXTERIOR ELEVATIONS �1 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The n„rpose-o#-this-warksheet are -two fold: (1)4assist the--Planning-nud.=7e 4 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 subject site is a pre-existing residential mobile home park The applicant desires to redevelop the site with condominiums. The applicant's request for a special exception to develop residential condo units in a commercial area should not negatively impact the subject site and adjacent properties. Little or no additional noise, light, vibration, traffic, utility requirements, or stormwater runoff should be created by this request. 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 subject site has the potential to be developed as residential condo units and meet the zoning requirements. However, the applicant has submitted a concept plan that appears to be in conflict with some zoning requirements such as side setbacks between buildings. Additional adjustments in the number of units and site plan layout may be required in order to comply with the zoning code. 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? As a pre existing residential mobile home site, no additional traffic control is anticipated. 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? No additional parking and loading areas shall be required outside the property boundar 6) is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? There are a full set of utilities available to serve the subject property. .The proposed 'Special Exception' does not require further development of utilities and adheres to the capacity and service levels required by Code. 7) Is there adequate screening and/ or buffering provided to protect and provide compatibility to adjoining properties? The applicant is proposing to redevelop the subject site and thereforet must meet all landscape buffering and screening requirements prior to approval of a site plan. 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? The applicant must comply with all lighting and traffic requirements so as not to worsen the existing conditions or create disharmonies to adjoining property owners. Compliance must be meet prior to approval of a site plan. 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 has the potential to meet all setbacks, landscaping and open space requirements. However, the applicant has submitted a concept plan that appears to be in conflict with some zoning requirements such as side setbacks between buildings. Additional adjustments in the number of units and site plan layout may be required in order to comply with the zoning 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?• Due to the nature of the pre existing site, the request should not impact the structure size, land values, or compatibility. Landscape buffering and screening in this area shall promote compatibility with adjacent land uses. 2 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? This special exception request can meet the requirements for this zoning district found in the land development code. 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 7on»ig Amend u la+ 2. Variance 3. X Special Exception 4. Administrative Appeal Contiguous Zonin North South East West C-1 C-1 C-1 C-2 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 by Building Official or Designee: / 7(1 4( Signature: 4 Page 1 of 1 Matthew Boerger From: Toad Peetz Sent: Monday, October 10, 2005 11:06 AM o: Matthew Boerger Subject: FW: Special Exception ( Residential in Commercial ) From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Friday, October 07, 2005 9:26 AM To: Todd Peetz Subject: Re: Special Exception ( Residential in Commercial ) Todd, We have reviewed the special exception and have no comment at this time. 10/12/2005 M_ 1'0: Todd Morley, CBO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 5, 2005 RE: Special Exception 05-13 190 Oak Manor Drive Condo/multi Family Property Owner: Howard & Betty Gould The Public Works Department has reviewed the submittal of the Special Exception for the above referenced project. The Director does not have any comments or concerns. TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: October 10, 2005 RE: Special Exception For Residential In Commercial 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. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. If you have any questions, please feel free to contact me at 407-629-8880. 98.0' 64.0' \/ 64.0' 98.0' L 1N 64 0' 34.0 ,0 491 32. 0' 98.0 164 0' RETENTION AREA CONCEPTUAL SITE PLAN O. ,0 1,91. 98.0' O 1 I I 640 ,r J, 64.0' I , 1 64.0' RETENTI( z 0 (71 Z O 0 Z w w ZOO 0ZO UwO O z U CANAVERAL w a= Q J W z CANAVERAL w consulting engineers 40' 0' am no 40' 80' O 0 1= z U w w ZOO O Z UWO consulting engineers 0 0 z l7 U CANAVERAL J W Ir W EL 1< Z J Q W U LLJ Z CL W U xa wxei. 1101 040 �csrow�e+rr�s S� MOOMVO s�s�1 0 PEW' a mr��wux ENGINEER OF RECORD JAKE T. WISE, P.E. LICENSE NO. 55405 DATE 9/1 2/05 SCALE 1"=40' PROJ. NO. : 000000 DESIGNED BY: J. WISE DRAWN BY: T. WILSON CHECKED BY: J. WISE DRAWING NO. SHEET EX-2 OF Meeting Type: Planning and Zoning Board Meeting Meeting Date: 10/26/05 AGENDA Heading Land Clearing Ordinance Three Dwelling Units or 1es Item No. AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Proposed Ordinance for Land Clearing Ordinance for Three (3) Dwelling Units or Less DEPT./DIVISION: Building Department Requested Action: . Recommend to the City Council to approve/deny/amend proposed Land Clearing Ordinance three (3) dwelling units or less. Summary Explanation & Background: The City has recently approved a land -clearing ordinance for developments ordinance is for developments of less than three dwelling that are greater than three dwelling units. This proposed The City Attorney has prepared the draft language for your review. (3) units. Exhibits Attached: Draft Land Clearing Ordinance City Planner's Office Department: Building Department fq1nda