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Home My WebLink AboutJen. 25, 2006 - Agenda Packet City of Cape Canaveral PLMNNG &ZON1NG BOARD REGULAR MEETING CTY HAIl ANNEX 111 POLK AVENUE JPJ\ITJ~Y25,2006 7:30P.M Call to Order Roll Call NEW BUSIr--..1ESS 1. Approval of Meeting Minutes: January 11, 2006. 2. Recommendation to the City Council: Site Plan for Villa Ounpania Condominiums - R K. Engineering, Applicant. 3. Recommendation to the Board of Adjustment - Special Exception Request No. 05-15 to Allow Residential Use in the Cl Zoning District (Harbor Heights West Subdivision) - Lot 3, Section 14, Township 24 South, Range 37 East - John Johanson, for Triple J Investments, LLC, Petitioners. 4. Recommendation to the Board of Adjustment - Special Exception Request No. 05-16 to Allow On-Premise Consumption of Alcoholic Beverages - Section 15, Township 24 South, Range 37 East, Parcel 25, (8959 Astronaut Boulevard) - AlA Acquisition Group Ltd, LLP, Petitioners. 5. Discussion Re: Tourism. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the Gty 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 Gty 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 Gty Qmncil, Board of Adjustment, Code Enforcement and! or Community Appearance Board who mayor 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 Gty derk's office at 868- 1221,48 hours in advance of the meeting. 105 Polk Avenue . Post Office Box 326 . Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 . SUNCOM: 982-1222 . FAX: (321) 868-1247 www.myflorida.com/cape . email: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD MEETING MINUTES JANUARY 11, 2006 A Regular Meeting of the Planning & Zoning Board was held on January 11, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson Donald Dunn Harry Pearson MEMBERS ABSENT John Fredrickson OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro Tem Leo Nicholas Council Member NEW BUSINESS: 1. Approval of Meetinq Minutes: December 14. 2005. Motion by Donald Dunn, seconded by Lamar Russell to approve the meeting minutes of December 14,2005. Vote on the motion carried unanimously. 2. Interview and Recommendation to the Citv Council: Prospective Board Member - John Johanson. John Johanson introduced himself to the Board. He verified that all the information on the application was correct. He advised that he is a residential contractor, and primarily builds in Cape Canaveral. He would declare a voting conflict when necessary. He did not anticipate more than three voting conflicts in this coming year. He commented that over the past five years he has seen positive changes, and would like to see more restaurants and businesses in the commercial zoning districts. He voiced his opinion that it is important that the City take care of the needs of the community and its residents over the tourism industry. Mr. Johanson did not have a problem regularly attending the meetings. Motion by Harry Pearson, seconded by Lamar Russell to recommend that John Johanson be appointed to the Board. Vote on the motion carried unanimously. (j) Planning & Zoning Board Meeting Minutes January 11, 2006 Page 2 3. Discussion Re: Moratorium Studv on C-1 Special Exceptions for Residential Use - Todd Peetz, Citv Planner. Todd Peetz, City Planner, gave an overview of his general findings of the moratorium study. He explained that the intent of the study was to determine what changes may be necessary to preserve the commercial district. Mr. Peetz explained that in 1999, the City had approximately 80 acres of developed commercial property, and approximately 9,100 people. The Board members viewed various maps showing existing uses and zoning. They held discussion regarding the areas affected by the moratorium along the A1A corridor. Lamar Russell, Vice Chairperson, voiced his opinion that the City needs to preserve the 167 acres of existing C-1 and C-2 zoning for commercial uses. Mr. Russell further voiced his opinion that the City should regulate tourist retail and surf shop type uses and businesses. Discussion followed. Bennett Boucher, City Manager, advised that the moratorium was extended until March 31,2006. He advised that the City Council has scheduled a workshop on January 24, 2006, to discuss the moratorium. Lamar Russell stated that he is totally against residentialinlhecommercial zoning district. Motion by Lamar Russell, seconded by Donald Dunn, that special exceptions for residential use be removed from the commercial zone on A1A. Brief discussion followed. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Harry Pearson, that special exceptions for residential use be removed from the commercial zone on N. Atlantic Avenue. Discussion followed regarding impacts on the level-of-service standards for traffic and utilities on N. Atlantic Avenue. Members voted as follows: Donald Dunn, against; Bea McNeely, against; Harry Pearson, against; and Lamar Russell, for. Motion failed. Discussion was held regarding the City Planner providing a map of the commercial zones on A1A, and a count of actual C-1 and C-2 uses on A1A, to be presented at the next meeting. Brief discussion was held regarding tourist type businesses. The Board asked that a discussion item be placed on the next agenda for further discussion. 4. Election of Chairperson and Vice Chairperson. By consensus of the Board members, Bea McNeely was elected as Chairperson; and Lamar Russell was elected as Vice Chairperson. OPEN DISCUSSION Chairperson McNeely asked if the City Council could be lenient on Board members' attendance records that sit on Boards that meet more than once a month. (i) Planning and Zoning Board Meeting Minutes January 11, 2006 Page 3 There being no further business, the meeting was adjourned at 9:35 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary c) . I / M"'etinrr Type' Pianning & 7 nnino- I .-- - ~b ~ ~. ~ ~~~A ~-. "0 I 1M. n /2;-. I I . eetmg _ate: I 5 U6 I I I , AGENDA I I n..<lin, I Site Plan Item 1# Z I No. I I AGEi'U)A REPORT PLJ..NNING & ZONmG BOARD Th1!: CITY OF C.t\ FE C.t\.-NA VER_4.L SUBJECT: Villa Calnpania- Site Pia...~ DEPTjDIVISIQ;'J: Building Department I Reouested Action: I I . I , I Review and recommend to C~r'y Council the proposed site plan for Villa Campania I I I I , , I I , , , , ! Summary Explanation & Baekground~ I I I This request is ror a site plaT} to' construct 5 condominju.-rn units. , , I The site is located on the south side of Holman Road. The property hns a special exception for residential. I , I I I I I , I I I I I I Exhibits Attached: I I Application b-j applicant , I 1) I 2) Information provided by applicant , I q, Site report by staff -, , A\ Staff fe\rie\v CCIn..'11ents , , , I ~l , I I I , , , , I Pianning Official's Office I Department , , I I , , I I I G .,e'.'.' I; . ern' OF CAPE CANA VERAL SITE PLAN PAYMENT RECEIPT Project Name: Ka a/deLS t!ordo akL IIp11ab[r laUlhcmes RESIPENTIAL: - 1,2 & 3 Residential Units ...........,......,.........,................TOTAL: $37.50 Total # ofUnits?_ ..-- - (4) or more Residential Units $50.00 (1st (4) Units), $50.0Q NrA, Plus Units @ $7,50 per unit $ -.". .. ------..---.. Total:-$~..____, -_._--_.~ -..------ ~--_.. .. ,.------..." ..- ~ COMMERClAL: l $150 p".= oll_ =p_n th~f. '. . - Acres X $150 T01AL........m.....~_. _ SITE PLAN EXTENSION:....,..,.........,.".....,...,..,........,...,..,TOTAL:.........,..,..,$150.00 SITE PLAN RESUBlvITSSrON: 50% of original fee.........TOTAL:,.........,...$_ =~~=~-~~===~~~===~=~~=;=~===~=~=~==~~~=~===~=~===~~~=~~===~ DEPOSIT TOWARDS REVIEW FEES: RESIPEN'IlAL: 1 t04 Units ............,......... $700,O~:~ CA:er 4, Unit,' W 50 Uni~............. .... $1,800,00 . Over 50 Units or Botel, MoteL....., '''"' .00 COMMERCIAL: Up cres.~..~.... ..~1 !1{)()!lrl Over 4 up to cres... , aver 8 Acres - , . ee to be established after p:e- application me<,ting based 0 " trla red ill Exhibit A of City Engineer COntract. Total Acres: Office Use OrJy: Escrow Account # 1-202.2400 =~===~==~~===;===~=~~==~==E~;;~;==~==~====~==~=~~~====~H~~; TOTAL REVIEW DEPaSrr RECEIVED: $ I " BCD I C:D TaTAqITB PLAN SUBMITTAL FEE RECEIVED: $ r\J ,A, ~Lf PAID RECEIPT NO. ~DATE RECV'D cz) \pD3 80'0,- M, furward:tt ~ls,- _ - 500, --sSA 8!i9(05 r -' Jg~ - /Yl',lle.- L",'t"l 8/2"1/05 l~./'- . City of Cape Canaveral Site Plan Villa Campania Applicant: Richard A. Kern Location: Range: 37 Tovvnship: 24 Section: 26 Proposed Amendment Acreage: 0.66 +1- Acres Permitted 15 DU per acre: 9 residential maximum whole site Commercial C-l NI A Proposed Number ofUuits: 5 Proposed Density: 7.58 DUlAC Current Future Land Use: C-l Commercial Current Zoning: C-l Commercial Description: The applicant proposes to build five (5), two story townhome units on a 0.66 acre lot. The subject site is located west of State Route A-I-A and south of Holman Avenue. North South East West Zouiug C-l Commercial C-l Commercial C-l Commercial R -1 Residential Comp Plan Col Commercial C-l Commercial C-l Commercial R -1 Residential Existing Single Family Commercial Commercial Single Family Conditions Residential, Residential Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape CanaveraL This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. (?) AlA is operating at Level of Service" A" with 199 available peak hour trips from North Atlantic Blvd to Center Street. AlA from Center Street to McKinley St has a level of Service is "A" with 261 excess trips. If developed completely as residential, the site could generate 2 to 3 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. The amount the project could generate is 1,000 MGD. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 1,000 MGD. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Canaveral complex, gently undulating soil type. This complex consists of nearly level and gently sloping soils that are mixtures of sand and shell fragments. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources iu Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Treuds: The potential population is approximately 11 to 12 new persons based upon 2.37 persons per household. @ Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: October 6, 2005 Re: Villa Campania Site Plan Review I have reviewed the Villa Campania Site Plan and have no comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. @ SSA January 3, 2006 Mr. Todd Peetz Miller-Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review - Vii/a Campania (a.k.a. Kalidas Townhomes) _ Review #5 SSA Job No. 05-0025/006-1004 Dear Mr. Peetz: SSA has reviewed the above-referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. 4Jt2CL. John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee for Review #5 - $285.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. "- STO'ITLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PlANNERS, INC. (jJ 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 329-20 Tel 321-783-1320 Fax 321-783-7065 J:\CIVILlProjecls\CAPE\l-kalidas_villa campania _ 5 APPROVAL.clocLie. #AACOOO329 #EBOOOO762 #LBOOO5700 MEMORANDUM TO: Todd Morley, Chief Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 1, 2005 RE: Villa Camania (Kalidas) (Venable) Town Homes Site Plan Review The Public Works Department has reviewed the submittal of the site plan review for the above referenced project and does not have any additional comments or concerns. All prior comments and concerns have been satisfactorily addressed. 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. Cz) MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: November 28, 2005 RE: Villa Campania Condominiums The drainage report/plans for this project were previously reviewed and are adequate - I have no further comments concerning stormwater issues at this site. ~ C]) Plan Review To: Todd Peetz, Miller Legg & Assoc. Building Department From: John J. Cunningham, Asst Fire Chie~ Re: Villa Campania, Site plan Date: y;l' " "",y.: /, ,~';::::-:t ,<:, <','~' We have plan ~d have no comm~nis at this time. 191F!:::iSPo~nr:;[Q) LJ 1_'_'_'i.:'~u,'J <,.... _ '-.-.".> -. '"'.-.... ~"-, ./;? lte( ;--- @ Station #1 Station #2 190 Jackson Avenue . Cape Canaveral, Florida 32920 8970 Columbia Road. Cape Canaveral, Florida 32920 (321) 783-4777 . Fax: (321) 783-5398 (321) 783-4424 . Fax: (321) 783-4887 www.ccvfd.org !vleeting Type: P!a..'1PJng a!1d Zoning Board I'\/k'~lirl'-' Date' 11)'\/06 1 .. -'-' '0 ,.i__. I I AGFJ...'DA , Heading I Special Exception 05-15 Item - , I ~~ "" No. AGENDA REPORT PLANNING & ZONING BOAIID THE CITY OF CAPE CANAVERAL SlJBJECT: Special Exception request 05-15 to allow Residential use in a COllunercial disL."'icl. DEPT./DNISION: Buiiding Depalhnent I Requested Action: I I ~-I Rerommendapprovalldeiiiaho the Boardol'Adjl1>-nnenHorresidentialuseiii acommercialdistrict- _. _.__~__~~_~ . ".....,--,-"".._'"'"'''''~,,'''~-=~ c~I~---~- ---.._~-~~_._--~~.._---_._..~~_._--~--~~----~-~~~~---~~~~-~-~-~-~_._---~-----_._--~ .-t.-.-.----- .- - --- - - ---- -- --- I I SUiililiiii'Y Explanatiun & BaCkgt'Oiliid: I The applicant is Triple J Investments, I J .C, they l;ave requested a special exception for residential use in a commercial district. This property had a special exception for residential previously. This request would be to re-establish the special exception for residential. I The pTl~ect is lot~ted on Sea Shell drive oolween two single-fa.TI!iIy residential urnls.. - -- - -- - - I I I I I I Exhibits Attached: #1 Application. #2 Legal description aud owner related information. #3 Applicant illfort..naUon regarding the I special exception, #4 Nolifkation to Surrounding Property Owners, #5 Staff Report OIl fue Special Exception. I I I , , I I I..;.,., Pin~nn~'s ...fine I nepnrtmn~+. nn;t.-H~g Dn~A"+"'en+ I I "'....J "..... 10.<.1. "'''.1..1.'- ! ~ "-.I. m..........". ~".Jl..I.\......... ....P-A-.. '".0..\. " I , . , I I I I I CD City of Cape Canaveral S~l~~J Eyceptton Building Department Ke<6uR-5+ ~O5-15 (Please Print Legibly or Type) DATE FILED IJ~f)-05 FEE PAID$J.50,DO DEPOSrr$3,b85,l3 RECV'D BY: ':JilL- , ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exc ption is for what purpose (Brief Description) ~ \ - ( It! ') Li7lL,J{'1! 1''l'' Or- "l' .4 6Wt-.\'\-- ciJ.-{O,:;> Address of request (if applicable) Lot~Block_Patcel '~ II" .. '. . . . Legal Description: SubdvtcWlll()~:_-,~\qW:;; !L1e?f" Section [4- Township 't-L\. Range ~1 S;:!ATEMENT OF FACT: State of Florida, Countv of Brevard; I , Ole'(\, \ 30 ~ ~ "'7roJ being duly sworn, depose and say th;t +- I am the property owner. _ I am the owner(s) designated agent. (notarized authorization required) Ownerts)cName(s): '~'\?L:f~}I--=d~~I"t-!.-rzS'rJ:LcC-.. ......_.._...._...~.=::-.===.:==.._~::== ... --- ... - -- ---p .' ....,C':) . ." -z. C4 (' \ '\?' -.t,,"n~{l Address: ,[) . rM .~ CI 0 \ lp ..1:U'\l\.\:,Q If a... ; L.; Ci l U c.eu- Home Phone 78 ~-hP,? I WOrk Phone ~t\-1.o'1Z-E-Mail .-- Applicant(s) Names(s): ~~F: Address: S4Mf', Home Phone Work Phone E-Mail All information, sketches and data contained ~d made part of this request, are honest true to 't best of my knowledge and belief. ~ Signatur of Applicant ~~~-t~;~sub~C;ib be 0:\ me on this dl~day of Dr\? IYlbec2005'PTARY1'Ullue.s1ttE gh~;:~~ '. \ ---..,~-~ ~ Susan . ~"-. <0, I CoromiSSlon # DD384306 .. Expires: MAR. 23, 2009 Notary Pu lic, ~tate of Florida Bonded Thru Ati!llltic Bonding Co. Inc. The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92 ) J~?-~ City of Cape Canaveral APPLICATION FOR SPEGAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60). days for Telecommunications Towers) prior to the next regularly . scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be . notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. I DATE: :!i Dee 0<;;; I 1. NAME OF APPLICANT(S) 1f2.\ VLC j\\-)-Je'-;f\~"\"S i LL-L- ___ ..._. ..__ ...... .~])}::)~SS(~as_signed) ... . geO=r.54"""-2b.el( _.:::~~=. _.. ____ ..............:::_:::._... _...._ _____u --- -.. PHONE #=Ji3-:';"-:"'M\'Z \ FAX # E.MAlL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT:? BLOCK: SUBDMSION: \~Ii.Z~i2 1~E: 1&-\-i'("-5 W6~\' PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: 0, 4 0 SECTION: I L/ TOWNSHIP';L Y '. .~NGE -;;;l, DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPEGAL EXCEPTION IS SOUGHT (EXAMPLE,ARTICLEX,SECTION2) 5eL-t;o",- UO-33~ (c)(jt>) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-l, C-2, R-l, R-2, M-l ET C) C::- \ 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. c3 (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 andf or buffering will be provided to protect and provide compatibility with adjoining properties. '-{ e"::> (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. J( "'- (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b}above. (g) Required setbacks and other open space. ~\Z. 12--Z :Co I-lEo ~Q. n (i) Landscaping. yeS U) Renewal andf or termination dates relating to a lease, if applicable. wlk (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): -10 .k-LLo t..J (>~ 0.0 \ >2.-0/'" Of.-.. \ !'IF '\?~, ))6<-->'\_ ~i.P& Ow 1-1 7"-Ou,~;() ~?eR- ~ (J) ,rum; ;U.I-{ I~-U~UU 10; .;onn t-'age: LJ4 Uate: 11/;JUlLUU:J 4:04:14 PM I _...." ay..., BE"""" '"',;/ ~N!!~!lI!,"!'~!!! - ro:NES CllISllOtM OR eo,_, 5565 I 5942 TOWN " COON'tRY 'ZIrLE, INC. . . . . . _ .. _ .______ U'27 s. E'atrtcJc Dr., Suite 105 SeottEllis I Satellite 2each, FL 32937 Ctetk Of Courts, Ilrevllm: County E'.1.J.e No. 1.0857 i!Pgs; 1 1Wfame:J: 2 1hlst: 1.00 Rec:: 9.00 Se:v.O.OO TAXPAJ1.CELIDNO. 24 3714 30 OD 3 "'---'- 1.850.00 ':xclse: 000 Mfg: a..oO lnt Tax: noo WARRANlYDEED THlSINDENTURE,.madetl1e 4.t:b. dayof OCltobtt~, 2005, betwean ReI: BOZLnlNQ AND DIlOVSLOI1MStlr.t' INC. r a Fl.Qri.da CO%pora"tion {~nmlOr"J. and !mIPPLE J mvE~S I LtC I a Fl.ori.da LiJa:i tad Liabil.i:ty Company ITexpayer I.D. MzmfHm;;, J. whose me.lIlng address is 310 Mama Avenue, CapQ.~, E'L 32920 rSrantse"J. lW""_~fwrd:n* mmt: 'll",~ Ind .1l_.'In1'llldll:;aUthlJ~tDl:hI$frlslnImaatandm. tIelIw.~-'",-UlIalMlIoIlll<tQltlF\!ll1fllldiYllflllls.-.ld.,~tnd~olC>:llflCrll!ianllJ WlTNE'5SEnf: Th5t $aid Gmrtor, fer and in comld-.tlcn of the.5Ul1l of TiN DOtLARS {$10.0OJ. tmd ather good: and vallRlbf& consideration!;, receJpt Whuacf is herdrr acknowfcdgad,. het8bV grants, bargains. nlls, alleRS. re~. releeas. cnnvey:s and.cont1rms unto the Grantml,.ail that c~n blnd slt~ lrt Bnnr.u:t:l COunty. Amid;. vir. Lot $, HAm:lOR. HlUGH'J!S ~, ~ to the Pht:. t:hereofl as xecorded: :in. P~at: Boole:. 48 ~ P;age 31., P\Jbl.ic lUJoO%da of' BrGva:%d -::-_P9_~q-.l_Jrlo:l:'i_4a._ __n..___ _.. .._ SU8JfCTTO mes:r<<2f05cndsublequentyeQIJ, SUIJEC:!'10%OtlMg.~~ancfoH1er~lmposedby~f# aufhority; nu:ldcfbm: ond maftea appeanng on Bfa pbt or ofhelWiIa cammon 10 Ute sub- dIVbfcn: and' publl'c IIfiIJy ecne~ cr tecon:t 1bls ndtmlnce 10 saJd 1'astm:1loM stmR lt01 Op&mietD reImpou Ulescrm.e. TOGETHER wlthall the terwmll:llU. humdltaln6nu. IInd appul:'tlmDnceJ; ttImIto tWonglng-crln anywisQ llppartaining. 10 HAVE AND TO HOLD tho same In rea simple furuvw, AND thO" Gwltot hereby CO~ wkh ufd Gl.lflte8 thatthu Graritof is lawfuIIV utzel1 of lIakt land in tee. $mp!e'; tfmt . 100 Gtamnt has gO<<! riclhi and ~ autflcrlty to B6lI.end CClnvey said !and; that tha Grantor !te:mbv fully WllTants tht tItle to ..id IlEnei' GIld will dcrhtnd the ~cr .tn:n the lawful dslm of all pemms whomsoever; and mat ta1tf land Is "fib 01 <III -= tN WITNess WHeReoF. tfa Qld Grantor hu $!QMd \lnd SHledthese ~ts.. . JlM7~~ }.J.. {.- RCIBtJIIDe,'G""""""IlL01>MENT.1>lC. Witucsl a Florida corpor~tiCln ?;;~:~~m. ""~~~k,.wfJf;;;j- W"1tIteq..BPS WEND~ SCAN ELL, P~es:i.dent T~to.IN:.......fWi EANNA J. SORRELl Add....., lUG t.oQ, _,. ctret*. Wuzelet Ul....s. n. uu~ (Co'lplX'lWlSsIJ SfAiBOF n. COUN'lY OF """""'" , TIul~w.rnntTDccdw;u;~db<::fofl;lllCthi: 1l0th <hyol Slpt..~r, 2005,bv WENDYSCANNI!ll.lU~t ~ ""=- Am> ~ me., . ,"",rid> 0""1'0'''=, = """"-" oC ....d """""",,"on isI_peuadyb.cn.nu,-.ur D...llo~~.dtW=rli=l.sec-)C!ttd":'tlti&etion,or a...ho~YCP'fOdllad ~idenriIia>tiOn. i ae-~ \( ~ ~ -6;:ClIno3itIialtllD2lJll64 \LAl~ IJ(DWr;y ru: M., 3o.zcm Nocr.tyPub!io; - - '" BeMd'Tln Typed/i'tfu={N:ttmonrn..~ 'It,, ~,~~ AUelIeBoa:lilfCo..& CommbiicnN!.mIbcr::: My~~ Wananty Deed Fage 1. .- '"-ii'-i~ i;x W;;~ sent with GFJ FAXmak~r iax ~~;:;er. For more information, visit http://www.gfl.com ~ 1Jrevara L,oumy rropeny Appnuser- unune KeaJ t:'.state l':fOpeny L,ara rage j ot 1. <l:im PfI[Q"",e,5:l,ti)J' I?f,QP~~,t;Ji p;;ai,~~r, $1j~,V~,l;q7 c;,Q;u~ty,.Ii!, R~,e:a,1!(:i1117 -..,.,-- ~ Lt!R,l1le] LNt~i?.t.JjrnFo~rJl lfwpraisgr'$_:J.9bl [fACillGel)€rai.!nf.ol [S_8Vf': Ourt!9.r:qg$1 [~;;.5:mptiolL_sl [fangi.!;J.iiLP-I9p",,[tyl fG-9DJ.?ctU51 [b.9f.3tI?D~] It9 rr:ns J [f\P2g?lsj U:fc>PeITf. R EOseal__chl ~i'y1a p Sca.rchl IT'I1a,p.$:..<?,..l'::@lal [lI nusaJ}LeprQPE!.rtYl IT?} ,l\.l,ltbgGtj:8.?J LT.?.>: faqsJ [t;:.f.oIT2D:1i9.Jndj~;.;:d9!SJ [\0!hat'st{eY::i] [("iD!c.sj LPx??_?_I'i~t~_?sesl rra_~~ .Esl.![1~,atQrJ _____ _ _ _ ___ ____.._______________________.._. ..o'm"n.'______ - ---- Genentl Parcel Information for 24-37-14-30-000(1),\1-0003.00 Iparcel Id: 124-37-14-30-00000.0- lMapl Millage 12N:JQ"ExemPtion:I~luse Code: II1QQQ I 0003.00 Code: * Site 18809SEASHELL LA, CAPE CANAVERAL, FL 32920 I Tax 124564971 Address: Account; . * Site address assigned hy the Brevard County Address Assignment OfrlCe for mailing purposes; may not reflect community location of property. Ownei'Information Legal Description .- IOwner""". "~~~f~~:=..1 lPIat Book!Page: ~~~WESTI~OT I --. 0048/0031 Name:-- Second l I Vi ~\V_plat (re,wircs. .i\dobc_;\crobaL&!,p,_derc Name: tile size mav be larcze) -......-..'..'............."..............--......""'- Mailing 12458 LONG SANDY I Address: CIRCLE City, State, IMERRITT ISLAND, FL I Zipcode: 32952 Value SUn1ll1111'Y for 2005 Land Infomlatioll 1** Market Value: II $119,0001 IAcres: II OAII IAgricultural Assessment: II $01 ISite Code: II Ii IAssessed Value: II $119,0001 ILand Value: II $119,0001 IHomestead Exemption: II $01 IOther Exemptions: II $01 ITaxable Value: II $119,0001 ** This is the value established fOT ad valorem purposes in accordance with 8.193.011(1) and (8), Florida Statutes. This value doesJl.Q!: represent anticipated selling price for the property. Saies Infonuation OR ~ Sale ~ *** Sales ** * Sales BooklPage Date Amount Type Screening Screening VacantlImproved Code Source 15395/8600 11121200411$144,00011 WD II II II V I 15245/2230 113/200411$106,00011 \YD II II II V I 14640/2136117/200211 $59,00011 WD II II II V I @ http://www.brevardpropertyappraiser.comlaso/Show narc"l a~n?a"d=,)Ll ,I>Ll07 RC~Q~~'T' 9. It''')/A'?/I''j^^C Brevard County Property Appraiser- Online Real Estate Property Card Page 2 of 2 *** Sales Screening Codes: and Sources are from analysis by the Property Appraiser's st..aff. They have lli,! bearing on the prior or potential marketability of the property_ Extra Feature Information I Pool II Fireplace II Fence II Shed Ii Dock II Seawall I INo IiNo l[No l[No IINo IINo I Prol'losed Taxes 2005 Ro!!back Taxes 2005 I Taxing Authorities /I Taxes Billed I I Taxin~ Authorities II Taxes Billed I I Ad Valorem I I Ad Valorem I ICounty II $537.811 ICounty II $527.341 ISchool II $947.601 ISchool II $837161 ICityIMSTU II $379.371 ICityIMSTU II $321161 IWater Management II $54.981 .... Iwater Management II $48.841 Isp District II $4.581 Isp District II $3.941 IDebt Payment II $38151 IDebt Payment II $38.151 .-.'" ITotal Ad Valorem II $1,962491 c ITotal Ad Valorem II $1,776591 ..... ___'_____m - Tax infQrnmtiQn is. ClI.So. available at. t!]"'.Brevard('ountv Tax (Ol1ector's web site (Select the back button to return to the Property Appraiser's web site) Data Last Updated: Tuesday, December 06, 2005-. Printed On: Wednesday, December 07, 2005. New Search I Help I . - IH9mel If~l_eet)tmfol'~lJ L!\pwajs",,(sJobj IcA9J [genera! Lof9j [$a_ye__()lIf.HOtT1<2s} l~>;5'I)'}pii~r1_s] IT?rl9LbJe_prCiPfirtY] rCljDtact.u.s} [Locations} (Fpqnsj [Appeal,,] lPr.Q_penY.R?se.8f<:;I.1J IM!3P_.S€:.al_ch] [tvl51P.s.8:.00ia] L~ln.~.sBbl.~'prope.rtyJ[I;]! ,~I,ltbo.ritie.sl [Ta,.~.F.?ctsl [t;:fODO.rnjc.l"djf:atCi.r?j [V\a1<1t'5J~eYd L!,.il}~.sJ [Pre?~..R.E:J",}s:esl IT.",/.!::stitT1<lt9f] Copyright (Q 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results OJ http://www.brevardpropertvappraiser.com/asp/Show parcel.asp?acct=2456497 &gen=T&... 12/07/2005 1HE 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: ThisinfoTll1ationwasobtained from: if (eUAn::l(;O..",1 ttlCb/l <:u.rr-e:,"y;G.Nol'<<C" f:.J.Z. - A property map showing properties within the 500 ft. radius, clearly outlining the subject property. _..__..__...._.._.._.____.__..._ .m..~'.~.__' u, _._-- -__."'" _. 'Cm_".-,___, -.'---'~------" _."~,.,..,......,...,...".._,-,-".........,...,---,--......, "u ":",,::::,,The Location map showing aUdjacent 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. S. Copy of recorded deed to subject pr~p~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. B 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. We<- 'jZ-7-u'.7C f 2) Will the Special Exception create any unusual police, fire or emergency services? 1J b ..a_ - - -------- -'-.--'---'"--- -,.~,_...~. .-.,.-. 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.? 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? Ye<7 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? ~ I '" 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? '-/.e-s 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? tJ./ ~ 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? tJ/p.c. (i) 9) Is there adequate refuse and service areas? t.(e'f? i 1L- 1: 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? '1 e:5 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? -(t% 12) Is the Special Exception consistent with h'1e goals, objectives and policies of the Comprehensive Plan? Y&5! $'(' o~v. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yr::~ __~_"m. --- 0'_' _.__.,~, '_~.~"__".__..m__ _n 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? -( ~ 15) Should the Special Exception be granted with any noted limitations, restrictions and! or conditions? . . , 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? @ '" ... '" .. HZ III '" .. '" '( .. ):( .. -~..j"-". .f '" .. - - BLVD- a '" sa~ ~ ~ CX>H .!~ I :1~i: ... .... a a ...u II:2 ~@]~~~'" · El[!]0[!]~ as ~~~~~~EB ~r!3Jr!3J~r7 ~~EI~!5l'" - ",CJ~ ~.. ---- --- -----.-- -~_._._--_.. ~~ll _=oc ...c ~_.,. -'^~-~ ~~[!]~.. - ! 1....11 ....l[!]~ as ~ ~~EA as co ~ E1~~ Ii 0~1 ""/ii co 0~~asas . ;:~~~'" .. '" PROPOSED c:J FUTURE LAND USE as nnacr C1 COMYERCIAL - ESL' C2 COYllERCIAL/IlANUF.ACTURlNG ill INDUSTllIAL at "', lB/ R1 RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL ",I BU PUB P~TION CON CO ATION AREA c=7= .6. ARCHAELOGICAL SlTE c=JCO 0 .. r=:rr:J fIJc:J U ~ Dc:J SCALE: . soo ""'" I'i....J"""'L CITY OF CAPE CANAVERAL ~~~ LOCAL COMPREHENSIVE PLAN Ivey, _ & WaI1a. Inc. ...-..---.~~ FUTURE LAND USE MAP "".~----_...=- _ _..._.._ f- _......... Fiaure 7-3 =.... .... -.. . .~. j~~~ -I -"~ ~. 1I -.YL. ,~-I , - I, ~ I, HI. ,t--. ~ ~ O-'_j ~i IIIJ l . >-- -. ,,!.;:- -.' I - n __., _""- '\ -- I _ _ .1 -"--I I . TII '- ~ /g ~ '-::"'-' 0 ,i --.... l::l I ~ ____I" - ' " rw ~.L .T'... --,' c.J j ~ . I CJ [- ~I I up;: I ~ 1~1iJ't. - F ' l.::j j hi ~ ff#j!!!fI~If;J. -L...._ c:::4 CJJP QIDr41 ~ ~a ~ ~ ~ CI:l ,..---------- ~ ~<;;.....--- ~'.-.-'==" t :=:3.- ~ !-~Jr1~~,I-i : ~ i-.---- " ..,...- -"'..'....'. " ~,"..- ~ lJID w ~,,$ ~ ~L// LJ ~ ~,~ 8l''''t,~ !;lJ ~ ---;- _ ~~lc--- \ rnth lE fJUo'~ . ~. i: ~ \ ' . rnl U~" D 8 '.. ~ ~ ~ 0e . ~dlB~ ~ "-~!== . ; izl~ .--oITJadJ 6i!i@ ;= t: / ~/ '-- ~~/";~ ~ f'--- f-- i ~"'- I mom rnrnrn,~ f--- ~ "-' ~. Il' IE &~m~~ ~'--;--;:; _ ~ _ i:JW ~_,.fc!R ,V/ / =' llimrn - - -- - > /g _ - ~~ h- f:> c- ~ = . f--- IMIIM\ h- > c(A 1 r=R' I, WlJ ulJJ []D, \!1Ll f--- h- ~ """' == l !-- \L\DIJID j 0 =(f'(j) I--- . f-- ~ =', !-- dl1'\7fIT~ f OO[lrl '--- I h- · . 0 _ I. ='--- - @ December 30, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): FILE COPy Special Exception Request #05-15 Notice is hereby given by the City of Cape Canaveral, that Triple J. Investments, LLC, P.O. Box 301, Cape Canaveral, FL 32920 has requested a Special Exception To Allow Residential Use in a Commercial Zonina District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, SectionJ1 0"334(C)(1 0) forthepropertydescribedas follows:" Legal Description: Township 24S, Range 37E, Section 14, Lot 3 24-37 -14-30-00000.0-0003.00, Harbor Heights West Subdivision (8809 ~eca Sh=1I Lane, Cape Fanaveral,.FL 32920t In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 25, 2006, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, This notke does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence; nor does it authorize chaflenges 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 @ 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 uurunoffthatW"ouId not have been created had the property beeIl developed asa prmciple use ill the applicable zoning district. The applicant's request for a Special Exception to allow residential in a commercial (C-I) zoning district is consistent and compatible with the adjacent properties. There . . ._.c.~uare currently Single EamilyResidentiaUots to thEecist,..soidli.andwest.ofthe-subject- ... ."", .--"..--..-.- property. Multifamily Residential currend); existsioihenoiiho! thes1.ibject property but is part of a separate subdivision. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Should the Special Exception request be granted, the property owner is subject to Special Exception criteria listed in the Cape Canaveral Land Development Regulations. The subject property has the potential to meet these requirements. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? This application requests residential development in a Commercial (C-l) zoning district. Therefore a site plan review is not necessary at this time. However, the applicant has submitted a conceptual site plan which depicts a shared driveway accessing three residential townhomes. Review of future applications forgoing the development review process may reveal access and or parking problems for the subject site if submitted based on the current concept plan. @ 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Off street parking is proposed in the conceptual site plan. The applicant proposes to provide attached townhome garages. The plan depicts townhomes which require three parking spaces per unit as required by Section 110-374. Off-street parking. The submitted plan does not appear to provide for three parking spaces for each unit. Review of future applications forgoing the development review process may reveal parking problems for the subject site if submitted based on the current concept plan. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are available to the subject site. .. ... 7) Is there adequate screerungandj orbl1fferiI1g proVided to proteCf and provide compatibility to adjoining properties? -__ _~__ .nnAppZicantnzlJst nzeettl1e sc~~nil1gand buffering rgqH.iremwlg of ChapJer 1 O'LCity_n_ .. of Cape Canaveral Code of Ordinances. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? All lighting and traffic safety requirements must be meet according to City of Cape Canaveral Code of Ordinances. Residential use should not create a problem. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site must meet the setbacks, landscaping and open space requirements of the Cape Canaveral Land Development Code. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed residential use is consistent with the surrounding uses. The desire to @J develop townhomes between two single family units may create a fairly debatable 2 compatibility question. There are proposed townhomes one lot away to the south, and condominiums to the north, but single family adjacent and to the east. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. -_._-~---_._._~.._,- .. "_._~-"."_..._-,.__. . - -- -- --- - --- __..____________'_n_________.'.___________,___..________ ___n__ --------,.- 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 Contiguous Zoning 3. X Special Exception North South East West - 4. _ Administrative Appeal R-2 C-1 ReI C-1 CONSID ERA TIONS SETBACKS: Yes MEETS CODE _ CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE _ CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE _ CODE VIOLATION (Describe) ... .uDENSITY: Xes MEETS COPE _CODEYIOLATION(Describe) ... HEIGHT: Yes MEETS CODE _ CODE VIOLATION (Describe) _.._._.,_._n___,___..__._..._.___.._ ADDITIONAL REFERENCES Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA - X SETBACKS (AlA Ridgewoodj Astronaut) NA - X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA - STRUCTURES NA - LAND USES NA - NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official 0 L //7 lie; ~7f9 Signature: U 4 (j]) City of Cape Canaveral Special Exeeption Sea Shell Cay North Applicant: Triple J Investments, LLC Location: Range: 37 Township: 24 Section: 14 Lot 3 Proposed Amendment Acreage: C-1 Connnercia1: 0.41 +/- Acres Permitted 15 DU per acre: 6 residential maximum whole site Proposed Number of Units: 3 _ _Propo~ed}:l~nsity~___________Z}L.[:rll{h:<::_____ ________ __ --- --- - ---------- - --- --- --- Current Fnture Land Use: Connnercial C-l Current Zoning: Connnercial C-l Description: The applicant proposes to build three (3) townhome units on a 0.41 acre lot. The subject site is located on the northwest section of the Harbor Heights Drive. North South East West . Zoning R2 Residential C-I Commercial R-I Residential C-I Commercial Comp Plan R2 Residential C-l Commercial R -I Residential C-l Commercial Existing Villages of Seaport Single Family Single Family Vacant Conditions Condos Residential Residential Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. @ North Atlantic is operating at Level of Service "D" with 261 available peak hour trips from George King to Central Blvd. North Atlantic from Central Blvd to AlA has a level of Service is "D" with 277 excess trips. If developed as proposed, the site could generate 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. The amount the project as proposed could generate 600 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD._ Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600 gallons per day. There is adequate potable water service available with the proposed change. :Brevard Cotinty provides facilities for solid waste disposaLAFthislime; theCoiii1ty- does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: ------,-----_._--- -. --The site is Pahn Beach sand soil- type. Pahn Beach soils are sandy and moderately n__n____.n ---.- drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development could generate 7 to 8 new persons. (j3) MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz -- -- ..._.___m._" City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 _RE: u .. _ u Special E;xception Reqnest No 05-15_ Residential in Commercial Harbor Heights, Lot 3 ___n_ _'...",._"__.._ ______________ ... --- The Public Works Department has reviewed the special exception request and does not have any comments or concerns. @ MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Plauner DATE: January 16, 2006 RE: Special Exception for Sea Shell Cay Residential in a Commercial (C-1) Zoning District _____n __ ___m.._ ------------------ I have reviewed the submittal of the special exception review for the above referenced project. My connnents/concems are addressed in the special exception worksheet attached to this item. --,.-,,-.-------- --------- ..--..-- If you have any questions, please feel free to contact me at 407-629-8880. Q) Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Special Exception- Harbor Heights Residential in Commercial Zoned Area Date: 01/10/06 I have reviewed the application for the commercially zoned area to to residential. We have no objections. This meets thy fire departments fRlF"'!";~nJlf'-=' "n~' t,_'_ .~.' "::~I.: " ,.~ , (1!/j,I;~1 _:/ Station #1 Station #2 ~ 190 Jackson Avenue . Cape Canaveral, Florida 32920 8970 Columbia Road. Cape Canaveral, Florida 32920 (321) 783-4777 . Fax: (321) 783-5398 (321) 783-4424 . Fax: (321) 783-4887 www.ccvfd.org RADIUS MAP _"","a'o 7 , 'II ~Jr I I. I I ,-- ! jee ~ I . - cc ~ - c-".1j r.~ '''. IIII IT'~~ I k~ - il I I L! ii, I I c. I I _ I -~ , "~ ;;HoRl1ll<>Oillll! I 1.., --::" '''1 ~ ". , , I '/ I ~a~ I ,- ;. ~ // ~ I ~ / \ " . / /\' /;/.>1 \ / I \~ I . Y '''. 1.111 /" / /'11 ~~ r / / : . I I I /' I 1-1 . ~ I t Apf'al:!er:JimFord Brevard County Proper y .p . rt Apraiser'sOffi('e Baool on data from th, Pro", Y P i L,GENU AP"~"""I".'" c ~_ ~ ~""^" L ~_ ~. led I'''''''''''''" '.. ~ . MORGAN, JllI Th;, ""P "",.rom".. M B ta County Boo.r~ ~f c. ammlSS1C1lRr,,_ , fT71 farrel/lot bolludanes an a.cfua1 w.rJeY_ T ""oIlh. I 'm-mation Sm/iD€S do:loi 1:>51.117'''' ~ 1'4 GeoGrap.u: 11} .~ p"P"'Y .',vroc.,-. a. " "'" 'rmJ","' '., em . . . . Mility 1M ,mm " omm." , ad ta m~hng 11~ . uE(SI/ ADDRESS: '"P''' NUlIlbeffl on map ""'"I" OWNER NAn . ~ Offi~ - GIS, September 28, <.. Produced by: Brevard County Planning & Zoning .~1.QDJl Prq..fl02 -MOJtml:lO --. I"':. }; ::ill~ l:gt:l~lo NOT (, NOT wl'!-,'1' PLATTED ~~!ij " PLATTED ,eo' va'I.R. ,,\'.;1Il&; CRUSt[N ,,"'-" I " MlOIER ". 2.18' N89'S6'16"E: 121.83' ~ P,R,!.! PlS'26~ -- - PU8U~ "flUW "1.0' P.R.M _"'.Q&J~",.&...i:A21ME""__ ~--- ~ PLS'2,. * "S~~C. "8 ~1 " "",,,1' ~ I 'z ~ '" .;!; '" " C() ;~l 11, .' ~ ~~ .)" " "' "'.:: ~ LEGAL DESCRIPTION- Z ~ AI '. ~ " 0 ;'> ~ ;; Lot 3, ;n HAR80R HE:ICHTS WEST, occord;ng \0 the pia! <Vi ~ "~l 0 record"d in Plot Book 48. at Page }1 of n,e Public R~~' t;5fi 0 ~ " c(B,,,,,c-rdCouhtyFIQfidc. ..JO~ Z I P.~.M LOT 136 OF ' 0). HARBOR HEIGHTS 0::)..: I ~01g FIRST ADDITION klf1"' 0/8"'-" ,.( (P\AT "OO~ !', PlIGr f05) Rz~ n~US>:N ,.r.K. ~ \01.96' ,W ME;YW "- ~ "- :0 SURVEYOR.:S NOTES: ~ "- t. 'uor..;;;"'oh.;,C;;;;;';,' "oi.~, only p'otted .u,.meo" m. '''0." 'oooon 2.P,U.D.E.d'OO'"Pob'kUI'H';"oodD'O;""9_ [",omont, 3. N~ U"de'g'"",'d ,,1;1>1''''' 0, """ov.'","I, "'"'. loca'.du"'."' o'h",wh. ,howo 4. Un',,, o'h",~;,. 00"", 00' "ov"';~oo ""0"" a<e oo,eo 0" ASSUMED D.^'U~ " 5, tfilr' ~~J:"~~~7,:l~/~iB~\~~~~ g~F~'o'l~~,,:~g 0::. '"' 6 1h'. poco.II,.. i~ ''''~.M 10", "X" p.r Communlly Po",1 N~ '25G~' QJ'J E P dol.d</J!S9, ~" 0:.q 1Y6b <OJ- ['''<.,,..~.-x -? ~,,:;o,q. <)G'~ 0,0 ~ ~'!" j-S \o.EGEND: 70~ ~"'~ It-. ,r'-,)0 (; OS,I 5/8" 1<"" '.OOf w,th cop s;- m~".d: "C^M~(l(LL/Lff6464. .."""dj,o""bo,,","oM c~p mo".d (l 5.. 4", 4" con<<.'. '~ooum'nl w"h d'" mo,k,":"C S&M! PlS2J5, . 'ou~d <:""<M. m~,um'"'. p ,;,.""d 'd"Meotl"; '~owo c..::J.; .6. S.l "0" ond d1" mO',.d, RADIUS.. 220,1:1' " "CS&JJ!PlS2J51" DELTA", 06"09'52" {y .l'fS" A.rounO"oIFOMd"', ARC LENGTH", 23.68' '/' " 'd."t1';oa\l= ~, '"Own CHORD", 23.67' 'v .....~~<V t-f:',"c,. CHORD BtARING .. S 41'21'59" W 'v 'if '... 0~' <) cj.~;; '0 :v ",,J- ...~' ~ <V~01--~,j>4>,st RADIUS ~ 7.20,13' 0(} .I' DELTA "'05"12'30. ARC LENGTH "'20.0j' CHORD", 20.00' CHORD BtARING '" S 47'03'1(i" VI ~ RADIUS ~ 220,13' DELTA'" 04'17'35" AI'lCLENGTf-I 16.49' CHORD", 16.49' CHORD BEARING D S 51'48'12" w --_.~-""---_._- GENERAL NOTE5, I. TO n.I!:: SE6T OF OUR KNOLlJt.EDGE , 1"E5E F't..AN5 COMF'l '( WlTl4 APPLICABLE MINIMUM ElUIl.-DING CODES AND TI-lE APPLlCABU! FIR" SAFETY STANDARD& A6 DETE~INED 8Y Tl4E LOCAL AUTHORITY AND lAW. 63' FLORIDA STATUTES. 2. AlA DO"-UMENT 201 "THE &ENERAL CONDITIONe. OF THE CONTRACT FOR nJl'" CONSTR\.ICTION OF BUILD_ INGS' SHALL BE CONSIDERED A PART OF mES!: DOCUMENTS AND 5HALL c::tOVEFlN ALL I1k?RK OF CCNTRACTOR AND 51J6CONTRACTOR 3. EACl-I elOPER SHALL VISIT Tf.lE SITE AND FAMILIARIZE: 1-l1M5ELF Will-! ALL CONDITIONS UNDER ll!I-llOl THE llI;;lRK 15 TO 8E PERFORMED. 4. ALL UiORK &!-fALL SE IN ACCORDANCE \!JllH 5TATE, L=AL AND ALL APf'LICA13LE CODES AND ORDINANCES, 5. ALL DIMENSIONS ""'ALL SS FIELD VERIFIED, AND ALL RCtlGl-I OpeNING DIMENSIONS FOR WINDOW ANP DOOR OPENINGS. EOlItPNENT, ETe. f>. Tf.lE ARCHITECT 15 NOT RE:5PON5IBLE FOR CHANGES OR DEViATIONS PROM THESE PLANS UNLESS SPECIFICALL y_ APPROvED BY TJ.lE ARCHITECT IN lIJRITINGi. 1. MATERIALS AND EQUIPMENT ARE TO BE INSTALLED IN STRICT ACCORD UIITl.I MANUF'ACTURES, UJRlTTEN 5FECIFICATI0NI:> AND IN CONFORMANCE WITH STANOARDS AND 6E$1 PRACTICES 01' Tl-<E TRADE. fl. CONTRACTOR SHALL TA.KE ALL NECESSARY PRECAUTIONARY MEASURES TO PROTECT TI-lE FlJ8L1C AND ADJACENT PROPERTIES FROM OAM.4<:t.E TJ.lRCllJG,HOllT CONSTRUCTION. CONTRACTOR ASSlJHl;;S LIAfillLlTr FOR DAMAGES INCURRED DlJF!lN6 CONSTRUCTION. . '~_~"___ '1l. CONlRACTOR &HALL ESTABLl5l.1 AND vERlFT ALL Of'ENINC.& AND INSERTS FOR HECj.jANICAL. ELECTRICAL. Ar"F'l.ICABU; CODES>, AND f'LUM81NCo WlTl.! APPROPRIATE TRADES. SVILP~~ F'LORlDA eulLOI~ CODE ::l001 I". CONTRACTORS SHALL PROVIDE ALL NECESSARY TEMPORARY BRACING, &HORING, 6UYING, OR ornER MECflANl<:-AL CODE, FLORlDA MECHANiC"L COl?E; ::l001 HEANS TO AVOID ExCESSIVE STRES5toS AND TO OOLD STRUCTURAL ELO'HENT5 IN PLACE PlJRINe; CON5TRlJCTION Fl..lJ'o<SlflG, Ft.ORlDA 1"I..IJM!31NG <:-C>DE 2001 II. TYPICAL DO'TAlLS APPL r. WJ-IETl.!ER SP!';CIFICALl"T' REFERRED TO OR NOT IN Tl.!E DRAWINGS AND SPECIFICATIONS. ELE:cmlCAL CODe, NATIONAL ELECTRICAl CODE 1200:2) 12. THE "TARTING OF WORK BY ANT' W!':!CONTRACTOR $HALL Soe CON'}tPERED F'R!HA FACIA t?VlDENCE Tf.lAT 1-11:: FIR1\' COVE, Ft..ORJDA FI~ P~TION COVE (='4) l.!AS IN:;PECTED AND A=EPTED ALL CONDITIONS INvOlYED IN HIS UJORl< AND FINDS TI-IEM 6ATI5FACTORT". AC;C;ES$16Illrr CoOPE FJ..ORlPA OOIt.DIN$ =E :2001, Cf!. II 13. fl..IESE PLAN" ARE Tl.IE PROPERTY OF 'f1.ffi ARCl.!ITECT. 'f1..!ET ARE AN INSTRtNENT OF SERviCE AND 5l.!ALl ENEl'It;T' CODE, f't.ORlOA !3lJlLPI>>G -:",oI?E ::lOOI, CI-l, I.'..> NOT!3E RE-1I5ED. F!l!VI5ED, F!l!PROP\.ICED. OR COPIED WlTl.!OUT UJRITWN CCWSENT FROM Tf.lE ARCHItECT ~1b!2JN", PLANNING, OCCUPANCT', RESIDfNrIAL (T0V'lNH~ MIXED OCCUPANCT' NO --- REaJlRED FIRE SEPARAT'C'N, ::! fIOJR "DIHENSIONAL" FleERGLASS SHINGLES ~ c.oNsTRlJC';nONTYf'E. TT"F'EY,tlNSPR.INKL.ERF-D,~rer' AS SELECTED BY OJAlNER --- _ - ,:2 GE'NERAL flUlLDING LIMIT..T'ONS (TABI..e SOO) ~- -~--===- ~ FLOORAREA'-~r<ED' 1:2.000 ~ED, all!;(20i>25e&)(I"2~4.'..>) ElLP<$-. l-IEIGl-IT, AlLOY<EP, 95' PROI"05EV, 24' NO. OF' "TORIES, ALlOY<I:'-P, Tl'IO PROPOS';D, Tl'IO .-- AREA 'N::RaA~S, NO ~ -- HEIGf!TINC~"" NO ~ -- - _.__ AREATAflUI..ATION, --:--~ .-- - -.- - -- l!N'''ell5 UNIT:! __ a-~- ~ --a. -=__--c-- ~x::;:_.~_:'u ~;' ;;;:;c. ~x~~,:,q ;;:;"~. PATI05. .'..>':lO SOFT. PATIO,?., 4.'..>'; sa.Fr. a . .. _ . RA'LI<!> eNTRT', I~ S<2.FT. ENTR;T', 51 S<2FT -'.'-.~. :!. I TOTAL, . 2~.IJNp~ROO" TOTAL, ~-SO.FT:UNPS'lROOF <.I.) .-. -~"ry I ~.1E!.!(<l!llY-]~ ,. ,,: .; i FLOOR DESIGN, L.lVE LOAD 40 psI J ~= ~ . _~5wCc.oONc.5 -=-_~-'- _ = = .__ - __ I -== rwoFDESIGN, ~:D~~~~' ~;;:t - ill r' [[- -] [[0 I ","DO",'.", D'ADWD, ",,, II I -.- j SASIC l'l1NO SPEEP ro 5!:c.oND OOST) 1.'..>0 mph ~. IMPORTANCE FACTOR, I ' EXPOSIJR/;l,"EI" i,- JI INTERNAL PRESS., COEPFICI!:NT. 0.55 FOR PARlTIAlLY!:NCLosa> ~t:!!;mL6.1:!Q._~t~~~..&~, ' J ZOt-e.I, 19."1._2...0 P'" ZON!;2, 17.5,_:;;e,7 ~F - --- -- - - - - -- __ ZONE 9, 11$.-:;;1;>.7 psl.....-'F - ZONE4':2"l.O,_91...psl ZONlO 5>, 2"l.0.-9I>.o p'" ~_____~~ REA5~A~tF':-;6"TION 'D<M.N510NA;::~'ii~~56~~~;~~~ ;:_ ~~~:~~ "DIMENSIONAL" FIBERGLASS SHINeLE;;, ~ . ~ AS SELECTED BY OY'lNER ~~ __. ._ __ .. _. ._ :;:::",. , --'-. a (right side mirror image) ..~ _._ SCALE, 1/8" " 1'-0" FRONT elEVATION SCALE, 1/4" ~ 1'-0" J"-leetmg Type: Planning and Zoning Board . Meeting Date: 1125106 AGENDA Heading Special Exception 05-16 Item #4 No. AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception Request 05-16 to allow on-premise consumption of alcoholic beverages, Residence Inn DEPT.JDIVISION: Building Department Requested Action: Recommend to the Board of Adjustinent approval or denial of on-premise consumption of alcoholic beverages. Sunnnary Explanation & Background: The applicant is the Residence Inn, they have requested a special exception to serve on-premise alcoholic beverages. The hotel is nearing completion and they would like to serve on-premise alcoholic beverages. The hotel is not within 300 feet of a school, playground or church. This request requires a special exception. Exhibits Attached: #1 Application,.#2 Legal description and owner related information, #3 Applicant information regarding the special exception, #4 Notification to surrounding property owners, #5 staff reports and comments on the special exception. City Planner's Office Department CD I I VU" City of Cape Canaveral Building Department. S iJ. ~ . (pleaseP.rlntLeglolyorType) . Pw 8. on DATE FILEDfJ. -~Cl-05 niEPA1D:!i;>so, co DEPOS~SOI3,B1 H€fil1.tS+ 1105-16 RECY'D BY; Src. ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what ptupose (Brief Description) Obtain a Sta~e Liquor License Address ofrequest (if applicable) R q 'i q /\ c; t r OMl1l t. ROll 1 PV'H 0 . r;"ne Canaveral Legal Description: LoL-Block_Parcel 25 Subdv Section 1 5 Township 24 SoRa.'"1ge 37 East STATEMENT OF FACT: State of Florida, County of Brevard; 1 RntJPr W Dnhc:nn . being duly BWOI'n, depose and say that: ..xx. 1 am the properly owner. _1 am the owner(s) designated agent. (notarized authorization required) . <ftvner(s)Nan'l.e(s): /\1/\ Zl.rfJl1ic:i+inn r.:rnlJp T.+il . T.T,P Address: 3425 N. Atlantic Avenue. Cocoa Beach, FL 32931 Home Phone! 53-6841 Work Phone 799-4099 E-Mail roqerhicb@aol.com Appliom<<~Nrones~): Resloence Inn-Cape Canaveral/Cocoa Beach Address: RQc;q Ac:trnnrill+ 'Roulpvrirn. r'ripP- (;"nnveral, FL 32921 HOIlle Phone Work Phone 323-110CE-Mail All information, sketches and data contained '!1ld made part of this request, are honest and ~~fue ~t Oftcr~e and belief. ..H..........................................t (/ '%. 1.-<.--> b 1. / : MARGARET A. VONA : Signature Applicant . ". E ~~~~~'~'/f'-'~ Comrn# 000400243 ~ swoU to and subscribe before me on this 2:J. day of /JeGf""x:P_ : f..?~~;, Expires 3f512009 ~ . 20..fl.. : \~~ . if BondedthrU(aOO}432>~~~:.4~ U&.t {.~ 67J-- i '},.""~f,~.""~ Florida Notary Assn Inc : I.............................................. Notary Public, State of Florida The completed request fonn and the $251,1 nling fee must be med as follows: Requests for V manoes, Rezoning and Spedal Exceptions (Except Telecommunication Towers), require a minimum of thirty (SO) days prior to the next regulllr1y scheduled Pla.nning &; Zoning Board Meeting; Reques! for Telecommunications Towers, requh:e. 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 Sedlon 110-92 ) ~)I; ~\] J~(li'-\ Q) rrom; - Oty of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION .,.. ;W:-_ -- This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a mWmum 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 TIm FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. I DATE: nprpmn~r ?n, ~0n~ ! Residence Inn-Cape Canaveral/Cocoa Beach 1. NAMEOFAPPLICANT(S).,. ^C''J''idtiol'l Gro'lP Ltg, UP ADDRESS (if assigned} 8959 Astronallt Boulevard. C:aj)p ('anaveral PHONE # 323-1100 FAX#1?1_1n?Q &NUUL rogerhicb@aol.com 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDMSION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACR!3S: 6.20 acres SECTION: 15 TOWNSHiP ?4s''-'RANCE 37East DESCRIPTION: 3. ORDINANCES SECTION UNDER WHIm SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Chapter 110 Section 171(a) 4. COMPLETE THE ATTACHED WORKSH;EET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) See attached 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-l, C-2, R-1, R-2, M-1 ..ETC.) . C-l 6, PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPUCABLE: (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 " ~ i - rrom: (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or delrimental effects upon adjoining ,,- properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the propDsed development (d) Adequate screening and/or buffering will be provided to protect end provide compalibility 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 uridue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with ail 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. 0) Renewal and/or termination dates relating to a lease, if applicable. (1:) lhat the proposed use will be reasonably compatible with BUrrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and s~acks, ils relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Spedal Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and aafeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet ifnecessary): Residence Inn wishes to obtain a state liquor license in order to sell alcohalic beverages in hotel lounge and restaurant. S @ I I VIIi- THE FOLLOWING. ENCLOSUREs ARE NEEDED TO COMPLETE TIITS.. APPL1CATION: - *Paid receipt from Finance Department for $250.00 Application Fee. _ * Paid receipt trom 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 malling labels of all property owners within a SOO it radius. (nUs 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: Brevard County 7 A property map showing properties within the 500 ft radius, de~ly 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 Spedal Exception. 8. Copy of recorded deed to subject proptrty. ., 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 @ ) f I VlU. em OF CAPE CANAVERAL SPECIAL EXCEPTION '-- - WORKSHEET The PUl'p08e of this worksheet me twO-fold: (1) to assist the Planning and Zoning Board and the Boazd of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant IilS to the criteria. which must be addressed and satisfied prior to beginning the special exception consideration process. If the appli<:ant can not satisfactorily address one Or more of !:he 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 E.J<ception 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 ~) Will the S pedal Exception create any unusual po lice, fire or emergency services? NO "...-.--- 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, ete.? YES 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience:. tfiufk 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) AIe signs and exterior lighting, if any, designed and arranged so as to promote traffic safety. and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? YES 7 @ J I um.. r 9) Is there adequate refuse and service areas? .:.- ~. YES 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? YES 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? YES 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? YES 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? ___... .H ." --- - -- S 14) Has the petitioner m.et the minimum requirements for the requested . Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? YES 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? ....\" YES, with no liminations 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? Runcconcurrently with the property 8 (jJ ........0........... V..I.":'" Florida Limited Partnership AlA ACQUISITION GROUP, LTD., L.L.P. PRINCIPAL ADDRESS 3425 NORTH ATLANTIC AVENUE COCOA BEACH FL 32931 us MAILING ADDRESS 3425 NORTH ATLANTIC AVENUE COCOA BEACH FL 32931 us ___.__u__.__._______.__...._ "~..___ __._ ._...___.__.______"""_.._ __________ _.."".... ____.._ -- -...-- ...---------. .-.. ..-.----------- -----.- -. --."".--..---.- -----------....--~.-~---..- --DocumeiifNiilliher.... FEI Nnmber Date Filed A04000000705 201065485 04/30/2004 State Statns Effective Date FL ACTIVE 04/30/2004 Last Event Event Date Filed Event Effective Date LLLP Statement of Qualification 05/03/2004 NONE Actual Contribution 11 0,000.00 '.."m__.n.....:.=_=_:~~._.-c:.=:cc::-. ----~-~_.~- '-~'-"~'~-, ........__ n............ .........._......__.........__...____.m...............__...___n..__...............__.n._. . Registered Agent I Name & Address I KANCILIA, JOHN R 1800 W. HIBISCUS BLVD. SUITE 138 MELBOURNE FL 32901 . General Partner Detail I Name & Address I Document Number AlA ACQUISITION CORP. 3425 NORTH ATLANTIC AVENUE P04000065329 COCOA BEACH FL 32931 US fi) http://www.sunbiz.org/scripts/cordet.exe?a1 = DETFIL&n1 =A04000000705&n2=NAMF... 12/28/2005 .1.(.1.15......1:.. Vl..I:.. Annual Reports I Report Year II Filed Date I I 2005 II 05111/2005 I w_~._ ~ _._-~-~--~~"--~.~-"--_._.__._"~-"._---~---- -,..,..................._._-_..-........'.....~~.._~,._~..&..,.........~.-.,."...~_'~..._."..,.,,,..'.._...m_..'..._........____m'....'..........""...'__..."...__...........''''....__...__...__.''.....'''''..........__.,..,',_,,"'_ _~~~_---c Yiew _Events Yiew _NamellisJmy Document Images Listed below are the images available for this filing. 05/11/2005 -- ANN REPIUNIFORM BUS REP 05/03/2004 -- CORAPSTQUL 04/30/2004 -- Domeslic- LP- -- - - - - --------- .... .... = THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT @) http://www.sunbiz.org/scripts/cordet.exe?a1 =DETFIL&n1 =A04000000705&n2= NAMF ... 12/28/2005 "'. -.. SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNOARY SURVEY RESIDENCE INN PARCEL POINT OF COMMENCEMENT r I/mRSECnoN or I/CR1H IJNE: OF SOUlI/ 3316.80 mr or S<enoN '5 k WESTERLY RIGHT OF WAr UNE: OF STATE R04D A-!-A ... N. LiNE OF S. 3JI6.80' OF S8:1lON. l' LINE T AB.LE I LlNI: BEARING . LI:NGTH '" L1 53721'10"1: 45.00' . .~ ~~ 1.2 552'J9'OO"W 164.78 ' ~. LJ S25'3r22"W 54.21' <' 0:.", 0'.>- L4 53721'00"1: 270.04' .~ L5 S5Z38'50"W 116.96' ~. '"1 A ~~. S3T2J'1O"1:. 299.60' S.89'28'3rE.. 363.58' SJT21'00"1: 249.97' <<" L8 1'179'42'15"1: 54.35' -'B L9 N52'J9'OO"1: 164.62' ~ -----,-".... n.___ ~. ! ~'?: '" ~ "'~ '"1 ~?-'% .,,'!>. :t,"- ~ "Y\i;..-t. ~ o () ),.~ ;0 -n roz- g~..= 2':0 ..". ~g- ",...== . '" '00 '00 GCO= .. '" GRN'H1C SCALE "'.~ UlOl ..,. .- N - -" - ~ == ~ EXHIBIT uAu lG -.J "" SHEET 1 OF 2 0 :;! 0 ~ Ak~~i~eering, Inc, OJ - '. . ~ 10~~() . SURYJITORS - ENGINEERS 'i".J tOO DIXIE WlE c/J COCO! DEm!. FLORIDA ~JJ TELEPHONIC {32t)'m-7((3 - FJ:k (32J)783-5902 lfEBSITE: 'Inflf.aUentDl.net - EMA1L: inIo-8aUeneD.{.n.et SEE SHEET 2 FOR DESCRIPTION, J. 2. SURVEYOR'S CERTIFICATION &. NOTES 1. PRI:PARm AND CERTIFIED FOR: DATt:: 1-31-05 DRAWN By' DJG AlA ACQUISmON GROUP. Ltd., LL? JOB NO. 030025 SCALE: 1"=200' (j) I DESCRIPTION .J:.~. -. NOT A BOUNDARY SURVEY IIW~I~III~I~~~~~II~ ~~!~[llil~ 111~fi~1 CFN:2005049236 OR BookIPage: 5421 I 7003 RESIDENCE INN PARCEL A portion of those londs, describ.ed in Official Records Book ;5288. Page 2196 and Official Records Book 5288, Page 2198 of the Public Records of Brevard County, Flor:ida, lying in Section 15, Township 24 South, Range 37 East, and being a portion of being more particularly descn'bed 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 Stote Road A-l-A,' thence SJT21'10"E, along said Wester~ right of way line, a distance of 615.78 feet to the POINT OF BEGINNING of the herein described parcel; thence continue .S3T21'ID"1':, along said Wester!!: right of way line, a distance of 45.00 feet; thence 552'39 '00 'W, 0 distance of 164.78 feet; thence S25'3122"W, a distance af 54.21 feet; thence S3T21 '00"1':, a distance of 270.04 feet, to the Southerly line of said lands; thence the following J courses along said Southerly line: (1) S52'38'50"W, a distonce of 116.96' feet; (2) SJT21'10"E. a distance of 299.60 feet; (~S52'38'50"W, a dJstol'1ce of l!f!.pO feet. to the most Southerly corner of said lands; thence NJT21'10 . along the Wester~ line of said lands. 0 c/ist<;mce of -1,1 :37:?("fee:t. -to the Northwest corner_of said lands; _lhenceS89"2/J'J7"E, along the Norfhline of said lands. 0 distance of 363.58 feef; thence S3T21'OO"E. a distance of 249.97 feet; thence N79"42'lS"E, a distance of 54.35 feet: thence N52'39'OO"E, a distance of 164:62 feet, to the POINT OF BEGINNING; Containing 6,20 ocres, more or less. SURVEYOR'S NOTES: I. THIS (5 NOT A SURVEY. 2. The bearings shown hereon are based on a beodng of SJT21',fO"E, olong Weste(1)r right of way line. 3. . = Denotes change in direction (no comer found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: ~ ~ J hereby certify that the attached Property Description was prepared ~ EXHIBIT "AU ~ under my direction. in accordance withaJ/ applicable requirements of ~ '" SHEET 2 OF 2 the "'Minimum Technical Standards." for land surveying in the State of ~ Florida, described in Chapter 61GI7-6, Florida Administrative Code. ~ pursuant to Chapter 472.027, Florida Statutes. ~ ~ri~eering, Inc, g \j ~ SURVEYORS - ENGiNEERS 1l 106 DIXIE LANE ~- ~ COCOA BEACH, FLDRIDA 32931 Not valid without the TELEPHONE: (321)783-7H3 - FAX: (321)783-591l2 signature and the original SALMON " WEBS1TE: li'lfll'.alJenenf.net - EMAJL: infotallencng.net raised seal of a Florida Profess 01 Surveyor &- Mapper a - 3. licensed surveyor and mapper. Florida Registration No. 4262 0 ~ 2. PREPARED AND CERTIFIED FOR: " ~ 1. AlA ACQUISITION GROUP. Lid" UP ~ JOB NO. 030025 DATE:: 1-31-05 - - -- @ II .~ 111~!~!I~III~II~I~~~~IIII~~~II~111 fj,.." -:;;: CFN:2005049236 02.14.2005 08:22 am PREPARED BY AND RETURN TO: OR Book/Page: 5421 I 6998 ROBERTW. WATTWOOD, ESQ. O-Brien Riemenschneider, P.A. Scott Ellis 1686 W. Hibiscus Blvd. Clerk Of Courts, Brevard County Melbourne, FL 32901 .#Pgs: 12 #Names:.2 Trust: 6.50 Rec: 97.00 Serv: 0.00 Deed: 0.00 Excise: 0.00 Mt9: 0.00 lot Tax: 0.00 UNITY OF TITLE AND ACCESS LIMITATION AGREEMENT THIS UNITY OF TITLE AND ACCESS LIMITATION AGREEMENT (the "Agreement") is executed as of the ~lI~ay ~f ~X:fL,Ru1R1. .' 2005, by ar:d between AlA Acquisition Group, Ltd., L.L.P., a londa lImited lIabIlity hmlted partnership, whose office address is 3425 North Atlantic A venue, Cocoa Beach, Florida 32931 ("Developer") and The City of Cape Canaveral, a Florida municipal corporation ("City"). WIT N E SSE T H: 1 . WHEREAS, Developer has acquired two contiguous parcels by deeds recorded in O.R. ---=BooF5:r88; Page-Zl9oanCl O:K~Book 5288; Page 2 I 98; 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 I 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, tbe City, as a condition of Site Plan approval, bas 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, tbe City as a condition of Site Plan approval has required that the Developer restrict access from adjacent State Road No. A-I-A ("AlA") to Out Parcels I and 2; and WHEREAS, Developer and the City desire to formally preclude curb cuts from Out Parcels I and 2 to AlA. NOW, THEREFORE, for and in consideration of the ri1l1tual covenants contained herein, tbe receipt and sufficiency of whicb is hereby acknowledged by the parties hereto, Developer and the City agree as follows: ] S:\nalest\o-drive\AJA acqulsition\Unity of title Agreement2 - 02/03/05 - 1~1~1~llllllliil~ ~"~ --. CFN:2005049236 OR Book/Page: . 5421 I 6999 l. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. Developer represents and warrants that it possesses fee simple title to the . Property, including the Residence Inn Parcel and Out Parcels I 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, conveyor assign any interest in the Residence l1m Parcel which would cause the loss of unity of ownership of title, Witllout first. obtaining the written consent ofthe City. 4. Developer agJ'ees, as a condition of Site Plan Approval, that Out Parcels I and 2 shilllh6laccess AlA directly through curb cuts on AIAwithout the prior written consent of the City. 5. Developer agrees and consents that this Agreement shall be recorded in the office .........oftheClerk.Qf:Cir<:;uit <:;Oll1i.Anc<m<iJor.BrevardC;QJ).!ltx,)'JQrjci<l,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. I 7. A I A Acquisition Corp., a Florida corporation, as general partner of the Developer, hereby represents and warrants that it has the right to execute this Agreement and bind the Developer to the terms and condition hereunder. IN WITNESS WHEREOF, Developer and the City have hereunto set their hands and seals as of the day and year first above written. Signed sealed and delivered in our presence: AlA ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability partnership t:fJcvdrf r/riPpJ . W,tness Wend Kni Print Name: \ I J2P:-f-- ~ ~<<-d") . . W'tness;( oJ Print Name: / vc/ /) ",,v <::'\1\ 2 S:\re-aJest\o-drive\A1A acqllisiHon\Ullity of Ii lie Agreement2 - 02103/05 ::\ --- ..- - - - - -@ \c.__ ~_ \~I~\\~\IIIII'~~'~~II~\I\~I~lllm ST A TEOF FLORJDA CFN:2005049235421 I 7000 COUNTY 6 F BREV ARD OR Boal<lPage- . - TIle foregoing instrument was acknowledged before me this ~ day of -r;nrt1tfVt/, 2005, by Roger Dobson, President of AlA Acquisition Corp., a I, Florida corpofation, as General Partner of AlA Acquisition Group, Ltd., L.L.P., a Florida _ limited liability limited partnership, on behalf the partnership, G who is personally known to ! me, or G who has producod as id@alificatioll. i ~d~ Notary Public / . My 00=""" "PIT'" . . AFii<'iiil;;-, - lAURA A. SPITERY ..t7.."'}:j MY COMMISSION I 00 304595 ,..&" EXPIRES. M3Ith28. 2008 I '~i:f..l>'l>" ",""",_""'_",-m I I-.--.--.-....-_.-.--n. _n...n__.____. - __..__.._ n_..__._ n. I I I > 3 s:",,'~,\o_dri~\A 1 A >oq"',;,;ooIU""y off"', A,"'m'"'' -- 02103105 r; \_ ([/) - _.._-_._~~ ~~ _.0.-. THE CITY OF CAPE CANAVERAL, a Florida municipal corporation > BY:C5:.ac:..'<~ ~Q~ Rocky Randels, Mayor .w. The foregoing instrument was acknowledged before me this \ 0.... day of ~~~ "1. , 2005, by Rocky Randels as Mayor and Susan Stills as City Clerkof The City of Cape \:::anaveral, a Florida municipal corporation, on behalf the City, G who are personally khCiWh to me, or G who have-produced as identification_ --- -------"--- . tJ~vv.~ ~ ~..- > -i;""~H;;; VH\GfNh\ S. HAAS . - ~~;:\ 'llCOMM,i'SIONIDD1Bl049 Notary Public ~ . ~-;..l EXPIRES: J;:I'uary 30. 2007 My commission expires: ~ .w:.tw' _~T)lr..,.,.',:.yi'ublc:t.Jnd8ntrJ\Iets ED AS TO LEGAL -- \~l~I\II\II~\lI~II~\I\II~ SUFFICIENCY: - cFN:2005049236 I 7001 OR Bool<1Page: 5421 Anthony , Garganese, City Attorney > 4 S:\n:.ales:\o-d,ive\AJ A llcqllisitiou\Unity of tille Agreemenl2 - 02/03/05 0 ---- l$'J flo. ..,. -c. II~II ~1~lll~~III~III~IIIIIIIIIIIIIII~III~11 CFN:2004145759 05-10.200404:18 pm This instrument prepared by anpo: OR Book/Page: 5288 I 2198 .!'hilip F. Nohrr, Esquire GrayRobiI.1son,P.A. . / 1800 West Hibiscus Blvd., Suite 1 Melbourne, FL 32901 Scott Ellis File No. 95000-94 Clerk Of Courts, Brevard County #Pgs: 3 #Names: 2 Trust: 2.00 Rec: 13.00 Serv: 0.00 WARRANTY DEED n__". 12,147.10 Scise: 0.00 Mtg: 0.00 lot Tax: 0.00 -r\- THIS WARRANTY DEED, made this 5 '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 AlA 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 th-e-~Grantee":(WIttttYer as:ed beteia- the:tenm.-:::~ti-atOi'" -jifd"Graal<<" iildildejllofthe.pirticilo-thiS iMtruiDCaf-iitdiiUlieifi,kiiii repre5eaunvtll and assigltS olindividaals, and the IUCCesson IIId a5sitnf; ofcorporatioAS) . Witnesseth: That the Grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, .~ereby 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 ill: 24-37-1500-25 Subject to taxes and assessments for the year 2004; Subject to easements, restrictions, res.ervations 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. # 7221.5 vl GJ IN~TNESS 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: CAPE HOTEL ASSETS, L.c., a Florida F~ limited liability company By: ~~ 5 Pt.-t.. I; f F.}/.l1 ^""- Lauren B. Koonin, Managing Member '111' . ~;f Print ~ T1ft1- ;<=. R',,--, c}..Jl..,u , STATE OF FLORIDA COUNTY OF BREVARD, -'1: 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 "_"m, liability company; on behalf of said..company ~WhO ispersoilalIyknoWfi tome; offTwh6 ~.-.-.__.- provided a Florida drivers license as identification, and who ( ) did (0'liid not take an oath. My Commission expires: 0..>.-.. <:J...U,jC blic State of Florida ......01'.. ,1!"""'l}. MARGIE RElCHERr N~', MY COMMISSION ICC 972946 ~...... :;, EXPIRES:.lanualyf.2005 '.,.%~"f.' 6ondedThIUNotatyPubicl1ndenmt.ets """""""" CFtl:200414~755288 '/ 2~99 OR lloo\dl'.g . #- 72215 vI ([J) "=_ "c. \\\\U\"""l\\\~\\U\\\~\\\\\l~"\\\U\\\\\ CFN:2004145759 2200 OR Boo1</Page: 5288 I EXHIBIT "AM A pOrtion of Section 15, Towm;hip 24 South, Range 37 East, the City,of Cape Canaveral; Brevard County, Florida Illore partic\llarlydescribed..as. follows: COIllIllence at the Illost Northerly com<;r of that parcel as described in ______n_.._'"'..._...__ ........OfficialRecQrdl>BQol,<:3Q64rPa.g,;:2885of the Public.Records.gfB;:e;;;u;d County; Florida; thence N 37 degrees 22'12" W, along the West right of way line of State Road 401, a 100.00 foot right of way, 435.60 feet to the point of beginning; thence continue N 37 degrees 22'12" W, along said right of way, 311.85 feet to the Southeast comer of that parcel as described in Official Records Book 2704, Page 1181 of tIie 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. . @ 11 n~ ~m ~~ 11m II! 11111100 allll~IIII!1 illllllllllllllli 1111 ~. , 05_10-200404:18 pm CFN:2004145758 f ORBookIP",,, 5288 I 2196 , , , Tllb Document Prepared By and Return to: GARY B. FRESE~, ESQ. (LB) ~~ ","- FRESE NASH , HANSEN, P. A.. . M/' 930 S. HARBOR CITY BLVD. #505 MELBOURNE, FL 32901 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 2 #Names: 2 ParcdIDNumber: 24-37-15-00-829 - Trust: 1.50 Rec: 9.00 Serv:O.OO "'_..J. 5,703.60 ':xcise: 0.00 Warranty Deed Mtg: 0.00 lnt Tax: 0.00 This Indenture, Made this , Y>t: d~y of May , 2004 A.D., Between C. WAYNE THOMPSON of the County of Brevard , State: of Florida , grantor, md AlA ACQUISITION GROUP, LTD.! L.L.Po1 a Florida lind ted liability limited partnership whose 'oodress is: 215 BAYTREE DRIVE, MELBOURNE, FL 32940 of the County of BREVARD , State of Florida , grantee. Wituesseth that the GRANTOR, for and in considemtion ohhc sum of ---------------------....-....TEN. DOLLARS .. ($10) -....-----------------....--- DOLLAltS, and ,other good and vaIua_bleCOnsideratiODto GRANrORiJ1han~:,'~:iidh! GRANTEE, the receipt whereof is hereby a~knoV(le~~ed,~~ granted. bargained and sold to the said GRANTEE and GRANTEE'S.. heirs, ~ccessors and assigns forever, the following described land, situate, lying and ~ing in the County of Brevard State of Florida towie A PARCEL OF LhND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS - .. ~_. --- - - - - - -----..... uFOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 3316.80 FEET OF SAID SECTION 15 WITH THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD 401, A 100.00 FOOT WIDE RIGHT OF WAY PER FLORIDA S.R.D RIGHT-OF-WAY MAP SECTION 70080-2202: THENCE SOUTH 36044 '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 MIomsoever. In Witness \Vhereof, the grantor has hereunto set his ham! and seal the day and yellf first above written. elivered in our presence: eal) ed ~~~ Printed N e: }J./'J,ed"-Y/\/'MouJN Witness ~ STATE OF Florida COUNTY OF Brevard ,j'7K The foregoing instrument "'~ acknowledged before me this day of h',f-y ,2004 by C. HAYNE THOMPSON he is personally known tome orhe hll$ produced his Florida ntification. @ .'il\'~'~ ,8. - 6" ~~i.\. Gory a Frese f:, :~ M'iCOMMISSlON# CCi'S$67 EXPj ~~.'o;r..<r.~"! kmuoi)' 26, 200S RES My Commission Expires: '''''''''.' ~QNl>;l>Il;~UTR9H~lNSlIVJ;q,/ljC 204-0012 w.. o",,<notod by 0 Dlspl,y s)">t<m>, Inc.. 1003 (~6J) 76l.j~SS form F'-WD.l Warr 'ty Deed - Page 2 ParcdIDNumf>er; 24-37-15-00f829 ~- 11111111111~III~il~ilii~II~1 illll~!liillll~lili CFN:200414575B ORBooklPa,,, 5288 I 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 311 2003. . - "____ __ un___ ----_..~-_. . @ LuerG=:n>ldlryOOUl'l>.ySy>I<nU,IDe.. -;;0(13 (863}763-SSS~ l'omIFLWD+l View Aerial Check below then Update Parcels ZonCnty LI ZonCity Golf Courses Schools Libraries RoadNames Sections Water HelQ Leoend. C0 http://www.brevardpropertyappraiser.comJtemp/ graFrame20060 118121629862.html 01/18/2006 I I -I ~ " - ~~ ~ s I i '" - ~_Jc ~ ~ " /, ~ .J~ oj '" J- ..' I I en , ! I - - \ ~-~ (ij)) December 30, 2005 NOTICE OF PUBLIC HEARING I"I/.( . TO THE ADJACENT PROPERTY OWNER(S}: CO/,; Special Exception Request No. 05-16 Notice is hereby given by the City of Cape Canaveral, that Roger Dobson, A1A Acquisition Group Ltd., LLP representing Residence Inn., 3425 Atlantic Ave., Cocoa Beach, FL 32931 has requested a Special Exception to Allow consumption of Alcoholic Beveraqes at 8959 Astronaut Boulevard, Cape Canaveral, FL 32920 (Residence Inn) pursuant to the Cape Canaveral Code of Ordinances, Section . .. 110" 1It(a){2)(b); Legal Description: Township 24, Range 37, Section 15, Parcel 25.0 (Residence Inn, 8959 Astronaut Boulevard, Cape Canaveral, FL 32920) In accordance Wittcthe City Code of ordinance No. 18-2002, this letter shall serveas notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 25, 2006, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk @ '. ~~I- :, powell' l' design :1 group ~iIi lrioorporated . " " , fit arohltecture ~~t .plannlng. ~j Interiors ;:;~ JOJ Ea.t Por S\r1I.t ~!3 Orlondo, Rori<I. 32/Klj. /;1'" V.I.. ~7'Bl'2'68S2 ..~ r.. W7'611oSll6J 0 ~!!l PO'.M..r9n~",up..om l: MOOOJVO . AAOOOIl678 ~ I: " " !I k~ J. j, <0 ~w Ze; -- " I ~!< Zzz ~! ,I -0 ~ 00 wu.. z I ig ut@ RETENTION oB -, Z~ is 109 ACRES I 'i I, L..U ~ iil ~ II 0<:52, ~~ Vl'" PARKING COUNT = 273 i, L..U6 II ~ !I G) ARCHITECTURAL SITE PLAN !1 j' SCALE! 1" = 100'-0" ! ,I ~! "~ 11 t AAcHmcrulW. I SITE ~~ PLAN !! 1 ,. ~ . N ., 1 "'""1:'1 ,I ..~- ,. ~;:>o 'I ::~ ,1,_____, . .""1:'1 JJ r 'I ! ....r- <<.0 I 1 ",,0 1 1 I... .zl ;:>0 L_____-1 -0 s: Z ~.f' ~~ "......noN ON "",,s S>lm ts COP'T'R'CHtD> CO~ w,TD'IW- wHICH IS 1'''0\'1= TO 7Hl: f!€C'P!O<T!'OR THe COO<<OlNATION OF ITs WOR>< EF'F'OIUS 'MTH Poc. IT StW..!. 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" ~1!R! ~ ;: ;;;~~-,(i)O >;=0 ! : ::; it '& 0 ~. :: ~~~ I CAPE CANAVERAl., FLORIDA . , n g- e. o;-g.~CCO<Dj I ..,,,."'......,.-.--.,,.., " " CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (I) 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) I) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the. property been developed as a principle use in the applicable zoning district. The Residence Inn Site Plan has already been approved. This request for Special Exception. for one premise . consumption of alcohol should not create an. adverse. impact to adjacent properties. It is assumed that most lounge patrons will be hotel guests. Therefore the alcohol is expected to be served primarily to internal guests already in the vicinity, which should not affect the adjacent properties. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The Special Exception shall meet all the requirements of the zoning district in which the request is to be located. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Adequate ingress/egress potential exists. Access to the subject site can be gained from Astronaut Boulevard. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Adequate parking currently exists as approved in the Residents Inn Site Plan. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are available to the subject site. @ 7) Is there adequate sc, "ening and/or buffering provided to rfOtect and provide compatibility to adjoining properties? Applicant must meet the screening and buffering requirements of Chapter 102, City of Cape Canaveral Code of Ordinances. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? All lighting and traffic safety requirements must be meet according to City of Cape Canaveral Code of Ordinances. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. ... . 10)Do the setbacks, landscaping, and Qpen space meet the requirements of the ioniiig ... ..---..- district? The subject site meets the setbacks, landscaping and open space requirements of the zoning district. II) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed development is consistent and compatible with the surrounding uses. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exceptiou 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? (jj]J 2 ;:>(/ ' To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 @) BUILDING OFFICIAL OR DESIGNEE REVIEW 1. _ Zoning Amendment 2. - Variance Contiguous Zoning 3. X Special Exception North South East West 4. _ Administrative Appeal C-l C-l A-I-A R-3 CONSID ERA TIONS SETBACKS: Yes MEETS CODE _ CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE _ CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE _ CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE _ CODE VIOLATION (Describe) ""--"--- __m HEIGHT: Yes MEETS CODE. ~. CODE VIOLATION (Describe) ADDITIONAL REFERENCES Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA - X SETBACKS (AlA Ridgewood/ Astronaut) NA - X LANDSCAPING 110-566-567 X NON-CONFORMITIES NA - STRUCTURES NA - LAND USES NA - NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official O}'/ 1117 (DC Signature: ~~ 4 @) MEMORANDUM TO: Todd Morley, CRO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 4, 2006 RE: - ..SpeciaIException Request No 05-16. AlCoholic Beverage Residence Inn The Public Works Department has reviewed the special exception request and does not have any comments or concerns. @ MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: Jauuary 16,2006 RE: Special Exception for Residence Inn Alcohol Sales . I have. reviewed the submittal of the.. special exception reviev{ fdi tlieaboveureferenced project. My comments/concerns are addressed in the special exception worksheet attached to this item. If you have any questions, please feel free to contact meat 407-629-8880. @ Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Residence Inn Special Exception - . Date: 0 III 0/06-- - I have reviewed the and the fire department has no objection to special exception of alcohol sales 1R115t0pnn?fc: ~ I/P/O"" Station #1 Station #2 190 1&boo A"co~ . C'p' Cwm"" Florid, 32920 8970 Colomb', Ro"" . C'P<' em"",, Floc,d, 3(JJI) (321) 783-4777 . Fax: (321) 783-5398 (321) 783-4424 . Fax: (321) 783-4887 <'-7)]' . www.ccvfd.org ::> January 12, 2006 Planning & Zoning Board 105 Polk Avenue Cape Canaveral, FI 32920 To Whom it may concern: We are in support of allowing the consumption of alcoholic beverages on premise at the Residence Inn located at 8959 Astronaut Boulevard, Cape Canaveral, I FI 32920. Having spent nine months living at a Residence Inn in La Jolla, Ca, we enjoyed the evening snacks, drinks and camaraderie provided at this time. Being from Indiana at that time, it was very nice to meet new people. We never saw any over irldLJlgenceat these occasions. We see no harm to our community in allowing this Residence Inn hallmark at Cape Canaveral. Sincerely, ~K~~ Joseph K. Frischmann ~J{ ~~ Mary Frischmann 752 Bayside Dr., #406 Cape Canaveral, FI 32920 @)