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HomeMy WebLinkAboutP & Z January 10, 2007 - Board Packet PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE JANUARY 10, 2007 AGENDA 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: November 29th and December 13,2006. 2. Recommendation to City Council Re: Proposed Ordinance No. 18-2006, Defining Liquefied Petroleum Gas; Repealing the Definition of Fire District; and Establishing Maximum Gallons of Storage in All Zoning Districts. 3. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-01 to Allow Package Sales of Alcohoiic Beverages in the C-1 Zoning District, 6850 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Lots 1-3 and 10-12, Block 73, Avon by the Sea, (Yogi's Food and Beverage, Inc.) - Yogi Patel, Petitioner. 4. Recommendation to the Board of Adjustment Re: Request No. O? -02 to Allow a Change of Use (Used in Conjunction with a Nonconforming Structure and Premises) in the C-1 Zoning District, 8200 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Avon by the Sea, South 25 Feet of Lots 1,2, 3 and 9-11, Block 1, Avon by the Sea, (Beach Auto Repair, LLC) - Vincent Keenan, Petitioner. 5. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-03 to Allow a Vehicle Rental Facility in the C-1 Zoning District, 7510 N. Atlantic Avenue, Section 23, Township 24 South, Range 37 East, Avon by the Sea - David Kabboord, Petitioner. Planning & Zoning Board Meeting Agenda January 10, 2007 Page 2 6. Recommendation to the Board of Adjustment Re: Special Exception Request No. 07-04 to Allow Sales of Convenience Goods (Ice/Water) at an Existing Automotive Service Station in the C-1 Zoning District, 8101 Astronaut Boulevard, Section 23, Township 24 South, Range 37 East, Parcel 255.0, (Citgo Gas Station) - Jay Jasperson, Petitioner. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who 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 City Clerk's office at 868-1221, 48 hours in advance of the meeting. Meeting Type: Planning & Zoning Meeting Date: 01/10/07 AGENDA Heading Discussion Item #2 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion Ordianance on Liquefied Petroleum Storage within all Zoning Districts DEPT.lDIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance on liquefied petroleum storage within all zoning districts. Summary Explanation & Background: I The purpose of the discussion is the result of many long discussions on Coastal Fuels and their proposed expansion of their liquid , petroleum facility. Once the definition of liquefied petroleum was made kJ1own, a clear distinction between liquid and liquefied petroleum was made, it became evident that liquefied petroleum is being used and stored throughout the City. The Building Official and the Fire Chief have made presentations about the use, size, location, distance and regulations. There seemed to be consensus that something should be done, but direction was not given due to the nature of the report occurring in open discussion. It would seem that the use and storage should continue to occur with limitations. I Direction to staff was to prepare and ordinance that does provide for limitation of liquefied petroleurn products. I I Exhibits Attached: #1 Proposed Ordinance, #2 Comments from the Fire Department Planning Official's Office Department WORKING DRAFT December 12,2006 ORDINANCE NO. 18-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANA VERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" PROHIBITING THE STORAGE OF LIQUIFIED PETROLEUM GAS IN EXCESS OF GALLONS IN THE R-l, R-2 AND R-3 ZONING DISTRICTS; PROVIDING FOR A SPECIAL EXCEPTION FOR THE STORAGE OF LIQUIFIED PETROLEUM GAS NOT TO EXCEED ONE THOUSAND (1,000) GALLONS IN THE C-l AND C-2 ZONING DISTRICTS; REVISING THE SPECIAL EXCEPTION FOR THE STORAGE OF LIQUIFIED PETROLEUM GAS IN THE M-l ZONING DISTRICT BY LIMITING SUCH STORAGE TO A MAXIMUM OF THREE THOUSAND (3,000) GALLONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORA TION INTO THE CODE AND AN EFFECTIVE DATE. "VHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the storage of liquified petroleum gas has been the subject of several meetings of the Planning and Zoning Board in recent months during which the Planning and Zoning Board has heard and considered the input of several of the City's citizens; and WHEREAS, the City Code currently allows by special exception storage of liquified petroleum products in the .M-l Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City has certain safety concerns regarding the storage ofliquified petroleum gas throughout the City and wants to address such storage in all of the City's zoning districts; and WHEREAS, the City desires to limit the maximum amount of liquified petroleum gas that may be stored in each zoning district and require special exceptions for storage of same in the C-l, City of Cape Canaveral Ordinance No. 18-2006 Page 1 of 8 WORKING DRAFT December 12, 2006 C-2 and M-l zoning districts; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING - . . -- . - *** ARTICLE I. IN GENERAL Sec. 110-1. Definitions. *** Fil to dl.){/ let includcs that tcuitory 01 aiva vun~i5t~11b uf. (1) Twv vi iau!v adju1tl1flg Lluvk.~, exdusi \Ie of intu veil1ng stiects, wlIcle at least 50 pueuit of the giOund Mea is bullt upon and lli01e than 50 pelcwt of the built 011 ,Hea 1s devoted to giOUp S oecupane:y Ot giOup II occGpaney as defl11ed 1n tIie Standard Duilding €ode:- (2) 'NhCle f'OUl contiguous blocks or mOle eomplise a fire di5t11ct, thue shall be a buffG! Lone, as ddvnnlned by the fIn 11ia1shal, of up to 200 feet aiOund the pcrimetu of such district. Stieets, liglfts-of-w a:y and othu open spaces not subject to building e0115ti uetion lllay City of Cape Canaveral Ordinance No. 18-2006 Page 2 of8 WORKING DRAFT December 12, 2006 be included in the buffer wne. *** LiQuified vetroleum gas (LPG) means any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane), and butylenes. *** ARTICLE VII. DISTRICTS *** DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT *** Sec. 110-275. Prohibited uses and structures. {& Storage of liquified petroleum gas in excess of gallons iSProhibited. Total volume storage shaH include the aggregate volume of all liquified petroleum gas containers per parcel. illl. In the R -110 ~ density 1 e,sidential district, all All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple-family dwellings, townhouses and mobile home parks, are prohibited. *** DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-295. Prohibited uses and structures. .lli. Storage of liquified petroleum gas in excess of gallOnS is prohibited. Total volume storage shall include the aggregate volume of all liquified petroleum gas containers per parcel. illl. III the, R-2 lllcdium dellsity le,slduitial district, all All other uses and structures not City of Cape Canaveral Ordinance No. 18-2006 Page 3 of 8 WORKING DRAFT December 12, 2006 specifically or provisionally permitted in this division are prohibited. *** DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-315. Prohibited uses and structures. w.. Storage of liguified petroleum gas in excess of gallons is prohibited. Total volume storage shall include the aggregate volume of all liguified petroleum gas containers per parcel. (b) III the R-2 lllc,d!U1H dens!t, ic,s!duit~al dlwkt, all All other uses and structures not specifically or provisionally permitted in this division are prohibited. *** DIVISION 5. e-1 LOW DENSITY RESIDENTIAL DISTRICT *** Sec. 110~334. Speciai exceptions permissibie by board of adjustment. *** (c) Special exceptions may be permitted for the following: *** ilil Storage of liquified petroleum gas noito exceed one Jhousand (1,000) gallons. Total volume storage shall include the aggregate volume of allliquified petroleum gas containers per parcel. Storage of liquified petroleum gas not exceeding five hundred (500) gallons shall not require a special exception. Storage of any amount of liguified petroleum gas shall comply with all applicable fire safety codes and any other applicable law. *** DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT City of Cape Canaveral Ordinance No. 18-2006 Page 4 of 8 WORKING DRAFT December 12, 2006 *** Sec. 110-354. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be granted for the following: *** (6) Storage of liquified petroleum gas not to exceed three thousand (3,000) gallons. Total volume storage shall include the aggregate volume of allliquified petroleum gas containers per parcel. Storage of liquified petroleum gas not exceeding five hundred (500) gallons shall not require a special exception. Storage or any amount or liquified petroleum gas shall comply with all applicable fire safety codes and any other applicable law. Stolage of llqaeflcd pGtlOlcnm plodnGt$, plovided that all such UsGs comply w~th thG stdlldalds set ont ill thv National PilG PlOtGction AssoGiation, PilG PIGvGntiotl Code AbovG gloand st01age of llqtld~ed pGtlolcalll plOducts ~tl GXCGSS of 3,000 galloH5 shall LG in an establishGd [~le distilct. *** DIVISION 8. C-2 COMMERCIALIMANUFACTURING DISTRICT *** Sec. 110-383. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be permitted for the following: *** ~ Storage of liquified petroleum gas not to exceed one thousand (1,000) gallons. Total volume storage shall include the aggregate volume of allliquified petroleum gas containers per parcel. Storage of liquified petroleum gas not exceeding five hundred (500) gallons shall not require a special exception. Storage of any amount of liquified petroleum gas shall comply with all applicable fire safety codes and any other applicable law. Section 3. Conforming Amendments to Chapter 110, Zoning. The following conforming City of Cape Canaveral Ordinance No. 18-2006 Page 5 of 8 WORKING DRAFT December 12, 2006 amendments are made to Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances (underlined type indicates additions and stllke,out type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE VII. DISTRICTS *** DIVISION 5. C-l LOW DENSITY COMMERCIAL DISTRICT Sec. 110-331. Intent. The requirements for the C-llow density commercial district are intended to apply to an area adjacent to rnajor arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. AH buildIngs in thIs dlshkt shall be considere,d in the, fire dlstlkt, as per the, defInItIon in section 110-1, and shall be, buIlt in confol1nanee, wIth the mks and re,gulations offlie distrkts. *** DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-351. Intent. The requirements for the M-l light industrial and research and development district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions in this division are intended to minimize adverse influences of the industrial activities. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings In this di"trkt shall be consldeled In the file dlstllct, as per tl.c dcfil1itivn in sectivn 110-1, and built in conf-olmanee with the, mks and regulations of fire distlkts. *** City of Cape Canaveral Ordinance No. 18-2006 Page 6 of 8 WORKING DRAFT December 12, 2006 DIVISION 8. C-2 COMMERCIALIMANUFACTURING DISTRICT Sec. 110-380. Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix oflow density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. :All buildings in this dist1ict shall bc considelcd in thc filC distt1ct, as pCI thc definition in scction 110-1 and shall be built in conformancc with the mlcs and Iegulations oHilC districts. *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2006. ROCKY RANDELS, Mayor ATTEST: For Against Bob Haag Leo Nicholas City of Cape Canaveral Ordinance No. 18-2006 Page 7 of8 WORKING DRAFT December 12, 2006 SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts 1 st Legal Ad Published: First Reading: 2nd Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 18-2006 Page 8 of 8 From: David Sargeant [mailto:dsargeant@ccvfd,org] Sent: Tuesday, December 12, 2006 4:24 PM To: Bennett Boucher Subject: RE: LPG Ord. 18-2006 Bennett, like I said earlier, there is a very lengthy code that deals with LPG. The code would never allow any size tank, which if placed properly, would cause undue risks to the public. I think what our Citizens are looking for is an additional regulation that would limit the Storage of LPG for large distribution. The majority of what we have is used strictly for utility purposes. We have two places that sell propane from a 1000 gallon tank for small quantity distribution. What I hear people asking for is a Code that would prevent a LPG tank farm. My solution to the whole problem is to leave everything to the code with one exception. Write a ordinance that simply states that no LPG tank or combination of tanks, that is used for distribution, shall exceed 1000 gallons. Leave the LPG that is used for residential utilities and commercial utilities to the code that already exists. It is better and safer to have a properly sized and installed tank then to have a truck running up and down the road everyday to refill a undersized tank. """- Please forward this to Kate and see what she thinks. Dave ~- Meeting Type: Planning & Zoning Board Meeting Date: III 0/07 AGENDA Heading Special Exception 07-01 Item #3 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception request 07-01 to allow Package Sales of Alcoholic Beverages in the C-I Zoning District. DEPT.lDIVISION: Building Department I Requested Action: I Consider and make a recommendation to the Board of Adjustment for approval/denial of Package Sales of Alcoholic Beverages. I Summary Explanation & Background: The applicant is Walter C. Bowman, representing Yogi's. They have requested a special exception to sell packaged liquor not to be consumed on premise. The proposed special exception area is not within 300 hundred feet of a school, playground or church. ! ! Exhibits Attached: #1 Application, #2 Worksheet, #3 Radius map of churches, schools and playgrounds, #4 Radius map for notification, #5 Preliminary Staff Comments, #6 Survey the subject property. I City Planner's Office Department: Building Department I City of Cape Canaveral >W~\ (Q1/ \ Building Department (Please Print Legibly or Type) DATE FILED 1I-~,-()~ FEE PAID4k;;50:, CO DEPOs~5'71 ,ot RECV'D BY: "" '.y~, ($250.00 Filing Fee is non-refundable) 'un\"" NATURE OF REQUEST Special Exception is for what purpose (Brief Description) To open aPackaqe Liquor store that does - not sell consumable liquor on premise. Address of request (if applicable) hR70 Nnrt-J, Atlantic Aye - '~3 Legal Description: LotH; 1:1.. Block2LParcel Subdv Section T ownsrup Range S~E AlT./\(: VI FD ,I::: STATEMENT OF FACT: State of Florida, County of Brevard; I I being duly sworn, depose and say that _.-,-~._._----_..._-_...~.. -".--- ~_..__.,._--,..._. -..----._...._ ..----_.___,.._.....~_._..____~_.._.____..,..._._..._.....______.... _..-'..n._n____..___...___.,_,,_ ._. ..' __.___._......___.._____...._________ _ _ .__ __ ._.'._...______.,_...., _....__.._ . ..--.-...-.--,,-.--.----...--..--...-...-.------.-... ---- -- .-. .---...---.....---.-..----..........--.--..,--..-.-.......-.- _ I am the property owner. XXX I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): Yogi Patel Address: 6850N. A:~l cmt-i ("' ;l\.ue Cape Canaveral, FL 32920 _'~N'~'~_~ Home Phone 784- 2 0 3 Work Phone(50 8-l~-Mail Applicant(s) NaJ.1.1.es(s): Wa 1 tp.r r. RntATmriTi A " 30N. Grove St,Suite A, Merritt I~land.FT. 32953 .f\.aaress: Home Phone96O-9938 Work Phont4425-8100 E-Mail wcb@brevard. net All information, sketches and data contained ~d made part of this request, are honest and true "~st o0py knowledge and belief. /, ~/ /,/:/ J':'. ~ JUd~ A Sievens-Singleton /N ,J,// ~r /I -" " . ~ . Mv r'nmm'..'^^ "",..'"^^^ / / /;r/~./ '/ J.' ~ ,~~ ,~~--- '\>' , ~ "., __.....,,~~...,,' "'''''':'':OOltV /)1' ./.z- .R"A/ ~ ~_/r.;:: ,,_""7 7 -....- '"- ....... ''--df / ' - - ./ ' '~ - 'Of" Expires October 25, 2007 C;-' t1 F A l' 1- , ___lgna ure 0..." ppllcanL (]511. . 1 Sworn to and 51bscribed before~e 0:[1 this _'day of f-{!rv-l24{1;;.i(. 1200".,. , rX ,r. , , -r J2 C}A "-- ' - " /(/"'--L{"".-- ~ ,.-.( /.;, , Z-', N2tary Prtblic, State of Florid~ U 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 ) rx ~\C'O-\ ..-'"- r . , [111 riM () 131m FlU 'j - L ,..,~'.. 2 ii '~ l~ 1 o.1.J '\.J' City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. /DATE: I _. _,,_"_'__'___._,.__.._~ 'n_' ___ "___'_"_""~__"'____'__ -" - .~. -- _.n..._ ,_.,,__ .__ __"'__'_ .... _ ~__'_"_'_"'____, _'___"___"""'__'_'_ _ ___m_.__'_,.,_ 1. NAME OF APPLICANT(S) Walter C Bowman ADDRESS (if assigned) 30 N. Grove St, Suite A, Merritt Island, FL 32953 PHONE # 452-8100 FAX # 452-3999 E-MAIL wr.h@hn::>vArci. net 2. COlYlPLETE LEGAL DESCF1PTION OF PROPERTY: Sf: E An t.l.,c \~ tb I " .~ :;! ,~ ~ BLOCK: SUBDIVISION: LOT:/o-I PARCEL: SIZE OF SUBJECT PROPERTY IN AC~S: .f SECTION: TOvVl"JSHIP '. RANGE DESCRIPTION: 3. ORDINANCES SECTION UNDER W1-HcH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE,ARTICLEX,SECTION2) Sec. 110-171(1) (3) (4) (5a.3 &5) 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-1 ETC. ) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRA WING(S) SHOWING THE FOLLOWING WHERF APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience; tralfic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/ or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to and above. (g) Required setbacks a.."'l.d other open space. (h) Height. (i) Landscaping. (j) Renevval and/ or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibilit-j. 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 RFQUEST(attach additional sheet if necessary): To open a Liquor Packaqe Store that does not sell consumable liquor on premise. S THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: _ *Paid receipt from Finance Department for $250.00 Application Fee. _ * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") - A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include thr~e (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This .can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained.from: - A property map showing properties within the 500 ft. radius; clearly outlining the subject property. - The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. "'\There Property is not owned by the applicarlt a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject prop~rty. ", 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. . NOTE: Application fee of $250.00 is non-refundable upon payment to the City. . NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated cosh 6 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. \00. 2) Will the Special Exception create any unusual police, fIre or emergency services? \Jo, 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.? CA.",..,., I't'-J, 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? if '1E'7~ I 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoini.l1g property owners? LI f;:#"~~ t - / 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? ~:;: "7 - '7\ Is there adequate screening and/or bufferL.lg provided to protect and ' J provide compatibility to adjoining properties? I J 1 rZ.-S , 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, ;-ri,.-.rirY\n..jhhiliHr '.)rir-l 1-1;chd+"t"'rlr\T"\TT TiT~+-k"''''';;K;n;T"\tY h,...Kh6;...+-:..........? J.~L'-V.l..l.L.l-'UI..J.UJ.J..l.LJ J Ll...J.1.'-L. '-'-.l.~.Lu....L.1...L.L1.U.1.1.J vv .lL..ll uUJV.LJ.ll...lL5 p.l.V.t-'c:.~ l.J.C;:J ~ Lj ~5 . 7 9) Is there adequate refuse and service areas? L(f!r<; , 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? 51.' &....'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? %-1~ 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? %A . :::;'.7 i 1 '.'2\ Is the Special Exception consistent with the intent of the zoning district .Lv} with which the Special Exception is sought? YIZA. 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? 112:-5. 15) Should the Special Exception be granted with any noted limitations, restrictions andlor conditions? . . <. cr n ,4-1'/ 7 pP /--.J t Z.ll-t:1 Li T Lc ,n/P/7,/'t"' 1"5" , 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? /j 11''/ TJhL PIfE-;j 7l.[J~PIZ- L 8 City of Cape Canaveral December 12, 2006 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request No. 07-01 Notice is hereby given by the City of Cape Canaveral, that applicant Walter Bowman, 30 N, Grove Street, Suite A. Merritt Island, FI 32953 has requested a S_ecial EX~ tion To Allow Packa e Retail Sales of AlcOholic Beveraoes for Cany Out in the C-1 Zoning District pursuant to the Cape Canaverai Code of Ordinances. Zoning Regulations, Sections 110-171 (3) and 110-334(C)(6) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 23, Lots 1 through 3 and Lots 10 through 12 Block 73, Avon By the Sea. ~- -PareeIID: 24-37 -23-CG-00073.0-0001.00 (6850 N Atlantic Ave., Cape Canaveral, FL 32920) (Yogi's Food and Beverage, Inc.) In aCCOrdance with the City Code of Ordinance No, 18-2002, this letter shall selVe as notice that there wiil 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 10, 2007, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral. FL. The Planning & Zoning Board is advisori /n naiure 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 subsequent 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 1 as Polk. Avenue, Cape Canaveral, FL 32920. If a person decides to appeaf any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person wiD 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 othetWise alloWed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contacttlJe City' Clerk's office (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk ~ ' I I , I'" ~~H' U',p ~L c j ,1"i"I"I'+@I"'! " ;';;1 . J ,) < LlNoCOt...~AV gl , i I . 1.1,), i I . I, I, I, t, \~I I N~ I L:.L..L~w i . . I . f'fl / " · i ,.,! ,,, 1'1, ",1"",1,,'." ). .' j'i ,1". ~ JQHNS\..""'N AV ~~ ;Q4.1'..;.:...l$....V: I ! i , :I'i Ikl. ~ I " I ) I I (rrrrrl? "rr"n.W ~ !l I; I' ! I I ! I, '~l.tl'~ It )1'~lJl~H.; ."'''''' ~ .' .3"A-H.'~. ...1 i I'. ,., I," ,.'..... II ''''.. L' /,/.1..; """/1 ' ; I . f. : ,. , ''''!~I 1'/./1';1; .J i- ! /1 . I ' ," I" ., , "I" I" ."! ~u~,~ ;. HA"'IA~ 1-"'-1 .-- . : ; i ! ..;>a,1. be; I ' ~ I ' " i' ,,/. I' :' i' I' , 105 Polk Avenue . !EJ~~ce ~<r-t 376 '"i"I\f;:tT1,,~~i'\refal, Fi 32920-0326 Telephone: (321) 868-1220 . St.JNCOM: 982-1220 . E'L'C: (321) 868-1248 W\vw.myflorida.com/ cape . e-mail: ccapecaIlaveral@cB.ff.com , A1o:;/loIEstalll,shrn<lrl," > Cn\Jl'C/'les m SChOOlS k Pot", "ChU,cnJ<>rceIS .. ScMoI_"accee; 'Jt,%7X~;' p",," _Parcels = C~",cn E'Iwrm, )(}(rS-:ooo<Sut/", 3OO-P,rx.SuW'" F'roJ""';F,."0 I OSOC17C I.,.... __'-~.r _ I ~"O"M~~O"" MI LLI:.K "/ LEGG 00-00-00 '"""'" """""",, """" "',"0""" DataProjecllon SlalePlane, Flonda Ea$l Zone D"'.o.-""" 63' So~!h Q,ja~:I.A~~:;..~~ ZOOF.~::~";_~~~7:S~'1<l. 127aHtZ2 NA083. US Survey Feel .........mlllede9g.com F'ie;V'\P"'jeCls\2004I04-OOHO Cape Ca""""rn~ c.pe_Can_ral~AJcol1<>F\pd!'.Cnll'ch Schools_Pa'~$_auf!e's_;>etf RADIUS MAP -.. " E-TIiJ EW.~ 11// : =rr I ! ~jtQ]~7 r [TrrID -" b!fD3 f I I ~. ~~ EO.P . / Y f~] ,- e-_i.. / · I '" ,,~ Efrti? h III . I /: ~ .~H I F!Et1111/1 / 3Z 31 26 30 2911J';~ / / 7 -~~'_..~ ;'-" R 1~1!~1 [=]1 /I I ~~4 I W TAN AV 52 ,I 30 49 48 47 46 0:.:.143 L I \ \ \ I H r \ '- t ::.~\. ...... "/' I k ' / \~ I 73 '" 11 70 69 66 67 Ilii(il; U / / I 1\\ ,_"...... I ~LlAAV 7( HAY!:.<!ATf I \\- II L' ~ r,;T;;J.ITT1,I-U-.;;;yj ! ~~ eo." '~ r I, ~.;:::I*.G1 ij III:-I!/ I II! If 1 I ! · I LJIIIIII 'j ) :..., " - , -.. /~- 1 i= ~ BtJ ~m/; I r'-J1 f IJ-.:dElSBSnmDR1 I I I , I ! .AF.TEUR Ai i I ~ I!! J l ..... ..,..---.",... ....". \ I 1 1 1 I 1 1111 I / H /,1 /, , -! / \ .. .I '111~llllblm / II 1..1 t~fC.[Ilt[]J1 lIEn tI I I I 0/ I lI,n / I I I L ! I I I!$J Brevard County Property Appraiser: Jim Ford BUFFER DlST ANCE: 500 FEET APPLICANT NAME(S)j ADDRESS: Based on data from the Property Appraiser's Offic-e MAP SCALE IS 1:0000 (one inch = 500 feet) PATEL, YOGI I This map was compiled from recorded dacuments and does not reflect LEGEND: an actual SUTWY. The Brevard County Boord of Commissioners, Notification buffer OWNER NAME(S)j ADDRESS: Property Appraiser, and Geographic Information Sert~<:es do not assume l2SZl Parcel/lot boundaries respmsibility for errors or ommissims cmtairwd hereon. i Produced hy: Brcyard Colinty Planning & Zoning Office - GiS, iJciQber 2fi, 2fiOO T\1..~J,.~.....,. ~_ ___ ___'._~ ._.l l. . ~".. ..... I nUlll1Jt::l:3 Ull mal' WlTe:-iPUllU LU 111311111g lis{' P,q.#lOZ -PAY05OO poyoSOO-l.cmp MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FILE COpy FROM: Ed Gardulski Public Works Director DATE: December 7, 2006 RE: Special Exception Request Yogi's Food Mart The Public Works Department has reviewed the special exception request and does not have any comments or concerns. MEMORANDUM TO: Ed Gardulski Public Works Director fl'l '~iL ,l ~I FROM: Jeff Ratliff I Stormwater Administrator City of Cape Canaveral 868-1240 DATE: December 7, 2006 RE: Special Exception - Yogi's Food Mart The special exception does not impact stormwater from the site. Therefore, I have no comments. .l. <lbCO .l. VI I T odd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Wednesday, December 06,20062:51 PM To: Todd Peetz Subject: Re: Yogi's Special Exception 07-01 Todd, We have reviewed the special exception and have no comment at this time. 12/1912006 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: December 8, 2006 RE: Special Exception for Yogi's Sale of alcoholic beverages I have reviewed the submittal of the special exception review for the above referenced proJect. The project is consistent with the land development code. If you have any questions, please feel free to contact me at 407-629-8880. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET Yogi The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site currently has a food and beverage facility constructed on site. The applicant tvould like to obtain a special exception to sell liquor to be consurned off site. This request for Special Exception for off-premise consumption of liquor should not create an adverse impact to adjacent properties. 2) Will the Special Exception create any unusual police, fire or emergency services? 1'/0 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. Thp "jfp j" l1flf lAJithjl1 rnnJ ."o"fripfor! Ai,..f,"l"'PO ,"If" ,.."Z,,-.,-.h .....~~ 0..,.,_ "0 ,.,..........., '"'''''''''''''''' ~'''_Y ........u",,,.......&.>.......1V&< ...,..........,,,"-'t-.,,.............. '-'..1 JJ\""-'''VV''JJ, parks or churches. 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 currently exists. Access to the subject site can be gained from North Atlantic (A-i-A) and Grant Avenue. 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. 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. The facility is currently functioning as a food and beverage store. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The building is existing. No additional screening is proposed. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The building is existing. No changes to lighting are proposed. 9) Is there adequate refuse and service areas? Tl,n7/'n ;(:0 /'trlnrl'llrtfn V/>hICl/J r>rI"Y\/Y/">;+" .L He-I c;. 1-0 UUC:-ljUULC:- I C--J uuc:- L-Uj-/UL-t"y. 1 0) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site meets the setbacks, landscaping and open space requirements of the zoning district. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed development is consistent and cornpatible lA;ith the stlrroundinx uses. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the PlanninJ; and Zoning Board and determined by the Board of Adjustment. 2 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 C-1 C-l C-1 / A-1-A Cocoa Beach CONSIDERATIONS 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) HEIGHT: Yes rvIEETS CODE _ CODE VIOLATION (Describe) ADDITIONAL REFERENCES Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA _ X SETBACKS (AlA Ridgewoodj Astronaut) NA _ X Li3.1NDSC.i1:..Plr-JG 110-566-567 _ X NON-CONFORlvIITIES 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 Qfficial or Designee: I ~ /:;(1 ''\ ^' ~. A\ -"" \ / \.. / .------- ~/~~\ J~l Y'\j4' \ ~ ...... ,i \ .,. I.! ' . /t--.........' i:?'" / SIgnature: 'v r ,/ ~.. ::/." ~ 4 Meeting Type: Planning & Zoning Board Meeting Date: 1/10/07 AGENDA Heading Change of Use 07-02 Item #4 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANA VERA!. SUBJECT: A Change of Use of an Existing Non-Conforming Use request 07-02 to allow Beach Auto to complete expansion of their existing non-conforming use. DEPT./DIVISION: Building Department I Requested Action: I Consider and make a recommendation to the Board of Adjustment for approvaVdenial of a Change of Use for a existing non- conforming use. Summary Explanation & Background: The applicant is Vincent Keenan, representing Beach Auto. They have requested permission to complete their existing non-conforming use that had begun but not completed. The Change of Use is from the current outside storage to being an enclosed use for auto repairs. The project is located on North Atlantic and is adjacent to newly constmcted residential uses. The thought is by enclosing the third bay I area: the building: will function hetter and be more attractive to the community. I ! / "-' . Exhibits Attached: #1 Letter from Applicant, #2 Survey of the property, #3 Correspondence from the City Attorney, #4 Warranty Deed City Planner's Office Department: Building Department To: City of Cape Canaveral 0 ~f USL 105 Polk Ave Cape Canaveral, FI 32920 '~ r From: Beach Auto repair, LLC 8200 N. Atlantic Ave Cape Canaveral, FL 32920 Managing Member (Owner): Vincent Keenan 516 BarrelIo Lane Cocoa Beach, FI 32931 Reference Property: 8200 N.Atlantic Ave Cape Canaveral, FL 32920 To City of Cape Canaveral: I'm in front of this Board to explain the situation with my property at 8200 N.Atlantic Ave, Cape Canaveral. The two Bay Auto Service Center was built in 1957. It has been operating as an Auto repair facility in the C-1 Zone continuously for the last 48 years. In the mid 1970's, the owners of that property started to build on a third bay. Because of a slow down in business they did not finish the work and only completed the foot print and the walls to six feet high. From that time it has been used as a courtyard with a gate. Now I would like to finish the three walls to the proper height of the rest of the building and continue the roof to enclose with a door. This will make the building look complete, and be a much more functional. This will also make the building more attractive for the community. Si~IY, /I ,i/ ! I c---... ' .-1 I I /,1 ,,~" ~ f 1(/ "" j J ,"/l " ._, /.. //ij(1!frl ; ~~ V vv '\J , , Vincent Keen . R~~L'h Ani-fi U~nqil" T T r ..........~&.&~.... ":a.........,, .,......,t.&JIl.., ..Ja .J..__~ '" -J i w i!J is 0. I Ul 0: ~ ~ ~ THE NORTH 100 FEET ; i THE NORTH 100 FEET , w ~ ffi~ I THE NORTH 100 FEET I i 0: zO:;:: OF LOT I, BLOCK 1 / OF LOT 2. BLOCK 1 I OF LOT 3. BLOCK 1 (J I / ~ :z w 10... i '" '" " I , '" (J '" '" 150. 00 I ( PLAT) / u 51 ....-J NB9' 57,147' E 0 i "' w_ 14<). 90 / (MEAS) -' (I) tD ; , WATER i'ETER '" I FOUND "5 REBAR M i =, (ALLEN ENG. l.B 26m / .... i , · l a . / -' ; THE SOUTH 25 FEET ,9.4 14.1'" 1 THE SOUTH 25 FEET ........ OF LOT I, BLOCK 1 I THE SOUTH 25 FEET ... OF LOT 3. BLOCK 1 <[ i OF LOT 2. BLOCK 1 ~ I , ------------------- --------------------- ~--------------------- .-j i ~ 5. 1 ~ GRASS AREA I l---t--t=- ~ I i W ('I) M J lLJ aJ..... <[ (0 / 3B. e 17 1 GUY \lIFIES i1i is II:! ~ i ~ ! In' I 51.64 go: Ii' ~ 0 ; co CONCRETE / III I '" ~ o:Z ... DRI VEWAY '::! w -, ~ 5:: -.J i ' ... I we:: , '" -- M I o:::~ M'lL 0 f~ lSl '" / u u ~ e. 67 . / ,>- Z : a~~ _ I J.......... l<r I UI-N I ~ '::3: I ~:: I (0 ) ! , ~ 41.46 I a u ~, ("') iuj ILL (!) N' t:i3-...=: OJ ,0 I / :z '3.1 M ' '" '" I <t- '>ii: (0 2.6 : - f 13- i!! , I is) <[ '<.:) a: q! ..: / / (f) I...... U ! n:: w~ _8.3 ~ 2Q.0 I ~ 0. N .L 6a. 21 I-i I, ~" f' · "J i - - . I-im iR I I '" :z i~ . / / u ~ '" MJNITORI NG WELL , , ;:: en g <[ i I-en 0 I I ~ <I <I '" <I <I I / '" ...Jw -.J i ...J W / , u a..:;:. I- a..:;: , 0 , 0 __ N i - - ! ~ I ii! lSl':O:: <[ lSl CO , 0: I lSl (i' 0 I ~. ,., 0 ' " "" ~ :r: i lSlcf /''': W I ~ fO'l" 10...,. : CD ~ : I- ~""'f l- i ....., -- I Cl::: I 0 0: i o /!z! ,-' :::J i MONITORI NG WELL / B I z I , fi i , / /-. I , !j:1 / I . I , I ffi i / , .... X , , 150.00 (PLAT> i . i S89' 57' 48'/W e.55' HEADER CURBING I 149, <)0 (MEAS) III '- i SET "5 RIEBAR " i GAS VALVE -I LB 4119) [ i ~ MI AMI CURB 8< GUnER i - i ADAMS AVENUE SANl A .-~--------- ---------.---.-.---. -.--- - -------G-.-.!...~...:;~~~_~~9!:!'._____. _____.._._..____. __.___ (50' RIGHT-OF-WAY) City of Cape Canaveral December 12, 2006 NOTICE OF PUBLIC HEARING THE ADJACENT PROPERTY OWNER(S): Request No. 07-02 Notice is hereby given by the City of Cape Canaveral, that applicant Vincent Keenan 516 Barrel/o Lane, Cocoa Beach, FL 32931 has requested a Chan e of Use used in coniunction with a nonconfonnin structure and premises} pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-195(e) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 23, South 25 Feet of Lots 1, 2, 3 and Lots 9-11 Block 1, Avon By the Sea. Parcel 10: 24-37 -23-cG-00001.0-0001.01 (8200 N. Atlantic Ave., Cape Canaveral, FL 32920) (Beach Auto Repair, LLC) 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 10, 2007, 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 rec~:>mmendation 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 subsequent scheduled meeting. Since your property may be located within SOD-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 peiSon decides to appeal any decision made by the Planning and Zoning Board with respect to any matter Considered at this meeting, that person 1\19 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 authoJize challenges or appeals not otherwise aUowed by law. Persons with disabilities needing assistance to pertlcipate in any of these proceedings should contact the City Clerks office (868-1221), 48 houlS in advance of the meeting. Susan Stills, CMC City Clerk i~ 50' , , I ,I '" ~"~"5UJL~"H5:nT :';'II! ,III i : ''''wrij ," L : i, ' ,,:,:~". ,f., ;"I,,{::' " ,i' : ~ I ~. :,:~: : I :::': .<:~ F'" '" "I, i' i, ,I,', . " , ' ~ ~,""N, HIJ ,i" /" ' ''!'' " ; 'JE'~ ~ j'" I,;, ;"1,, " , BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attornrys at LaJV Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee Joseph E. Blitch Usher L. Brown> & Cocoa Victoria L. Cecil Suzanne D'AgrestaO Scott J. Dornstein AnfuonyAGa~aneseo Andrew M. Fisher J.W. Taylor Katherine W. Latorre Jeffrey S. Weiss . Paul H. McLester - Amy J. Pitsch - q-'""'\ <Board Certified Civil Trial Lawyer ~r,l...... Erin J. O'Leary "Board Certified City, County & Local Government Law Of Counsel January 9, 2006 "Nm Via Email and U.S. Mail Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920 Re: Expansion of Existing Nonconforming Use Beach Auto Repair - 8200 N. Atlantic Ave. (City of Cape Canaveral General 513-001) Dear Todd: This correspondence is in furtherance of your request for a legal opi"ion regarding whether the City Code allows for the physical expansion of a structure which currently houses a nonconforming use. Executive Summary A plain reading of the City Code prohibits the physical expansion of Beach Auto Repair. Section 110-195, City Code, provides that no existing structure devoted to a nonconforming use shall be reconstructed or structurally altered, except in changing the use of the structure to a permitted use in the district in which it is located. While the City Code's intent to discourage the continuation of nonconforming uses is stated fairly clearly, section 110-195(8) allows for Beach Auto Repair to seek approval of the expansion from the City's Board of Adjustment based on a "change of use." I n general, section 110-195(8) of the City Code may arguably allow the Board of Adjustment, in certain circumstances, to grant a change of use from one nonconforming use to another nonconforming use so that D L-..^.... -I .L"II. .fl ~.__ _______0. UeaC11 MULU is mau8 fllOf8 corrlpaI!O!8 \^J!tn Ine surrounclng area~ 225 East Robinson Street, Suite 660 . P.O. Box 2873' Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144' Cocoa (866) 425-9566 Website: www.orlandolaw.net. Email: firm@orlandolaw.net Todd Morley, Building Official January 9, 2006 Page 2 Facts You explained that Beach Auto Repair ("Beach Auto") is an automotive service station that has been operating within the City for over 30 years. Beach Auto is located in the C-1 zoning district. Automotive service stations are currently permitted in the C-1 zoning district by special exception only. Beach Auto does not have a special exception, as it has been operating prior to the enactment of the City's zoning code, and is therefore considered a nonconforming use under the current City Code. You also indicated that Beach Auto does not qualify for a special exception under the current City Code because it is located within 2,000 feet of another existing automotive service station. The special exception criteria for automotive service stations requires that they not be erected or If'\f'~te::>d \Mithin ? nnn fe::>e::>t nf tho::> nrnno::>rt\l lino::> nf !lnf'lthor con/if'o ct!ltif'ln C'~~ ~ 11 (L I\"."-''''-''L'-''-'I V"I!,,'II' J &....,,...,,...,v . "'''''' " '-'I LII'-' t-'I "''''''-'1 "J 1111'" VI ",-"IIV"II,"",I "'"''"'I V IV,", 'loJL~"I\.JII. ,-,v,,", ;::$ I I v~ 334(c)(3)(q), City Code. Beach Auto seeks to obtain a building permit to increase the size of its existing structure which houses the automotive service station. The improvements to the existing structure would enclose an existing open-air courtyard. You provided that the courtyard's construction was permitted by the City sometime in the 1990's and that the courtyard includes six (6) foot high brick walls, a gate to allow vehicle access to the courtyard, as well as parking and drainage improverl1ents. There are currently automobiles and automotive parts being stored within the courtyard area. Further, there is a two-story town home project being constructed immediately to the north of the Beach Auto facility. The second ~toIY-OJ the townhomes will IikeLy.-bIDlfL~lear view into the courtyard and will likely_be ---~- impacted by noise coming from the courtyard. YOII hove 8sked whAthAr thA COdA rAqlJirAs BA8Ch..A_u1o to obtain a special exception prior to the issuance of a building permit to increase the size of the exiting building, or whether the Gode--prohibits such physical expansion of a nonconforming use. This opinion is based strictly on this factual scenario, as set forth herein. Analysis Generally, a municipality may impose reasonable restrictions on the expansion of a nonconforming use. Johnson v. Orange County, 342 So. 2d 1031, 1033 (Fla. 4th DCA 1977). However, the right to continue a nonconforming use does not include a right to extend or enlarge it. Anderson's American Law of Zoning, ~ 6.45. The City of Cape Canaveral City Code addresses nonconformities in sections 110-191 through 110-198, and provides that the intent of the Code is to permit nonconformities to continue, but not to encourage their continuance, and that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. See S 110-191, City Code. Specifically, section 110-195 addresses nonconforming uses of structures or of structures and premises in combination, and allows forthe continued use of nonconforming individual structures where that use was lawful at the date the ordinance enacting the Todd Morley, Building Official January 9, 2006 Page 3 section was adopted. Such continued use is, however, subject to several conditions. One of those conditions, set forth in subsection (1) provides: No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. (Bold emphasis added). This subsection clearly prohibits any reconstruction or structural alteration to a structure which houses a nonconforming use. Thus, any expansion of Beach Auto, including enclosing the existing courtyard area, is generally not permitted Ilnrlcr th"" (,it\l ('nrl"" U.I\....'-'I LI''-' .......,ILY "'-'''''''''''''"'. Notwithstanding the aforementioned strict prohibition, the nonconforming use provisions of the City Code also seem to afford a limited amount of relief for property owners with nonconforming uses. For example, section 110-196 permits repairs and replacement of nonconforming structures. In addition, and perhaps applicable to Beach Auto's situation, section 110-195(8) allows for property owners to seek approval from the Board of Adjustment for a "change of use" from one nonconforming use to another nonconforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding area. Clearly, it is the intent of section 11 O~195(8) to afford an opportunity for a property owner to change a nonconforming use to another nonconforming use that is more compatible with the surrounding area. In nrrlpr tn pnr.ln~p thp r.nllrt\l~rrl Rp~r.h Alltn m~\I rlp~irp tn nptitinn thp Rn~rrl nf ... -.--. ..- -..-.-;,;;,..- .....- ---'''J-'-' ____,1...'_.._ III_J ---..- ,,- t"'-"''''-'' ""1- .......-........--. ArljlJ~tmp.nt I mnp.r ~p.r.tion 110-195'8) and argue that enclosing the courtyard constitutes a change of use that is a more restrictive, less intense use of the property. Furthermore, th-e eliClosed t6Uil:yard wbuid arguably be more compatibie with the surrounding area, especially in light of the new adjacent townhomes. The Supreme Court of Pennsylvania addressed quite a similar set of facts in Schneider v. The Zoning Board of Adjustment of the Borough of Whitehall, 133 A.2d 536 (Penn. 1957). In Schneider, the court considered whether enclosing a loading and unloading platform would constitute an expansion of a nonconforming use. The nonconforming dairy business operated in a residential zone and sought to eliminate some of the undesirable elements of its business by enclosing this loading area. Instead of the diary trucks being loaded and unloaded in the open air, the loading would take place within an enclosed building. The court held that the Board of Adjustment was in error in refusing the dairy business's request to construct a loading platform. Specifically, the court provided: It is annarent that the endo~inn of the loaninn ann I mloaninn --.""'- --..-1"'" -.'--- ""'---- ------ -.-- ---""'---~---"=J ~- ---- -~~-~----;;;;} ------ -"...----~.~.:.cJ platform would not be an expansion of the dairy business but simply an enclosure of what is already being done; that it would eliminate many of the undesirable elements of the Todd Morley, Building Official January 9,2006 Page 4 loading and unloading of milk and would not adversely affect any of the nearby residents. Id. at 538. While the court's analysis in Schneider was based on a code provision significantly different from the strict prohibition found in the Cape Canaveral City Code, the analysis lends support to a finding here that enclosing Beach Auto's existing courtyard would cause the nonconforming use to become more compatible with the surrounding area. We render no opinion, however, whether or not this argument would be convincing to the Board of Adjustment. Further, during our tenure as City Attorney, we do not recall any prior applications submitted pursuant to section 110-195(8), and therefore, we are not aware of any local precedent that my be helpful. If such an application is filed by Beach Auto, Chapter 110, Article V. Nonconformities, should be construed in pari materia, which requires that all the sections with regard to nonconformities be construed together. Moreover, since nonconforming use provisions are essentially zoning ordinances, they should be liberally construed in favor of the property owner. See Clark 1/. Richardson, 211 S.E.2d 530, 531 (N.C. App. Ct. '1975). Conclusion The Code generaiiy prohibits the proposed physical expansion of Beach Auto Repair based on its current nonconforming status. However, under the provision~ of section 110-195(8), Beach Auto may seek approval of the Board of Adjustment that the proposed expansion would be a "change of use," therefore causing Beach Auto to be more (YHY1patible '.Allth the surrounding area. Piease keep in mind that this opinion is based on the factuai circumstances surrounding Beach Auto, as represented herein. Should another nonconforming use desire to similarly change or alter its existing structure, an individual determination would have to be made at that time as to whether such change would be permitted under the City Code. Furthermore, as always, a property owner is also free to petition the City Council to amend the City Code to address the situation at hand. I hope you find this opinion helpful. Please contact my office with any questions or concerns you may have regarding this matter. Very Truly Yours, Y! 'J' { , i J, Ii .', ~ ," f. ',J' :'J....---.. .', [-,' i' /it i-'(,J l/ '",' '- r \lev V [ I ~ ~ Kate Latorre Assistant City Attorney ~ _" F\ _ __ __ _.L.L 1"""\ _ _ _ _ L _ __ '" ~L _ .. II _. __" _ _ _ lA;: Dem !en DUUGner, l.....n:y !1J!anager P- tepared By and Return To: p 111"111111111111 1111111111 1111111111111" 1111111111111111111111111111111111 1111 ~ L€anne M. Kugelmann CFN:2003322831 10-13-2003 09:47 am Fidelity National Title Insurance Company of New York OR Book/Page: 5086 / 3063 1 :355 N. Courtenay Parkway, Suite D IV1 erritt Island, FL 32953 Scott Ellis u_____ Fi fe-No-:--b3'{)08~T88303 .. - .-------------------aerkef eourts;-Brevard-G-ounty-u------- #Pgs: 2 #Names: 3 Trust: 1.50 Rec: 9_00 Serv: 0.00 Property Appraiser's ParceII.D.{folio) Number(s) Deed: 1,797.60 Excise: 0.00 24-37-23-CG-1-1.01 Mtg: 0.00 Int Tax: 0.00 SSt/: WARRANTY DEED THIS WARRANTY DEED dated September 30, 2003, by Charles F. Schanuel and Wanita R. Schanuel, husband and wife hereinafter called the grantor, to Beach Auto Repair, LLC whose post office address is 516 Barrello Lane, Cocoa Beach, Florida 32931, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all the certain land situated in Brevard County, Florida, viz: South 25 feet of Lots 1, 2 and :3, Block 1, and all of Lots 9, 10 and 11, Block 1, A von-by-the-Sea Subdivision, aceo rding to the plat thereof, as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida Subject to easements, restrictions, reservations, and limitations of record, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any \-vise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of a!! persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. Warranty Oeed (Individual to Individual) Rev {12/02J1lndivi.wpdl Page 1 of 2 11~11~~il~llillllnUIIIIIIIIIIIII~11I111I ~IIII CFN:2003322831 OR Book/Page: 5086 I 3064 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. aled and delivered in the presence of: ~~;J;M~b;J Charles F. Schanuel bV~~fI~ ~ Wanita R. Schanuel c ( Tt:t'f1ess Sjg ature) C7 h ~ ~ ,\ ~ (_ p - I ( JitUfLY) L (p'int~itne~S) (Address and Phone Numberl STATE of ~~ COUNTY of [h~fi f to me known to be the person(s) described in or who has/have produced' as identification and who executed the foregoing instrument and he/she/they acknowledged before me that he/she/they executed the same. / ~/"\ / WIT my hand nd 0 ficial :;~I ~'~ County and State iast aforesai~ ~/~ "'~i;~"i:'~,, LeANNE M. KUGEUv1ANN Notary Signature ~ }J''; ~~ \;"'.[?< hiatary Public - Stote of Florida f. : di 1~),"~ IVly Cornmission txpres Dee 12. 2CC6 ~'-~~.~_)~1:~,---Yd-.:-~ Ccmrnission 1+ DD 169295 '-;;:rf;,~>" Bonded 8'1 Notional Notary Assn. Printed Notary Name My commission expires: Warranty Deed (Individual to Individual) Rev 112/0210ndivi.wpdl Page Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 6,2006 Re: Petition for Change of Use- 8200 North Atlantic Boulevard I have reviewed the request for the non-conforming use located at 8200 N. Atlantic Boulevard. I have the following comments: 1. According to the submitted survey, the existing building does not meet the special setback of 50 feet from North Atlantic Boulevard as required by Section 110-536 of the Land Development Code. The survey delineates the front of the building as being 41.46 feet from the property line. 2. According to Section 110-337, Minimum setbacks, the properDJ must have a side setback of 25 feet when abutting a residential district. The property to the north of the subject site has a special exception for a residential use in the C-l zoning district. The north side of the "incomplete bay" is only 6.62 feet frmn the north property boundary abutting the residential use. 3. The current use of the su bj ect si te (service station) would normally require a special exception as permitted by Section 110-334. However, this is a non-conforming use. The current structure was constructed in 1957. 4. The proposed enclosure of the bay would create a more compatible use with the existing residential development adjacent to and north of the subject site. These improvements have the potential to reduce the negative visual impact as well as noise due to auto repair practices on site. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Meeting Type: Planning & Zoning Board Meeting Date: 1/10107 AGENDA Heading Special Exception 07-03 Item #5 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: A Special Exception Request Car Rental and Vehicle Storage 07-03 in a C-l Zoning District. DEPT.lDIVISION: Building Department I Requested Action: I Consider and make a recommendation to the Board of Adjustment for approval/denial of a special exception for a car rental and vehicle storage 07-03 in the C-l Zoning District. Summary Explanation & Background: The applicant is Kabboord Properties inc. The subject property is where the Atlantic Animal Clinic exists. The Animal Clinic is moving and the property owner is trying to reinstate a pre-existing special exception 92-08 that allowed vehicle rentals but did not permit repairs or sales. I ! I Hb A h d" , .~." ", ~ . fr . .. . T....... . . I I x.. 'Is lbo' e : H' APpm:atoo", HL won,,"ce, Hj "'parat,on om om" ven"" rental .eWU"" #4 Kad'", Map #5 Prevoo", I Special Exception approval 92-08, #6 Quit-Claim Deed #7 Staff comments City Planner's Office Department: Building Department City of Cape Canaveral { fv(~~ Building Department 07~ () ~ (Please Print Legibly or Type) . DATE FILEDI (l2Q{C{t' :JL~ ' Ii ,- ", _. .. ,~. _.... .,~ FEE PAID / '::iJ. 00 DEPOSITt}~) 5S,?1 RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) h:> It e I'l r" &..u1A-( AA/d _<; :Ie> I' $4 ! .e Address of request (if apPlicab~ 7S-/L:> ,;r,,( A-fIA.vhe- AV.E- q- /2. T Subdv AV6lk" By f-he>eA Legal Description: tot_B ock-=tLParcel Section ?.3 Township .::2 t/ S Range ,3'7 E STATEMENT OF FACT: State of Florida, County of Brevard; I .DAVid ;f:;t6~~h"d , being duly sworn, depose and say that -k- I am the property owner. - I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): AAib~.!J~ p!'^ L1L:>....f/A' <::: rA'''' """'F"c:...., "c;....- "'" '-'-'-~ . f Address: 3'20 I A). /I.f/.A-t./E r:"~" BeA-c/r' ?-( :3293/ Home Phone9bD~9'.2.6S--Work Phone ?&3re.7<;lE-Mail&c.eA...v.....r:-ro...vf-h..ij CE eFL. ,IF. COPrI Applicant(s) Names(s): D//k'iL:7 ,R:A6bv&?r~ t;. rlrl~~~~. '<? ?~.., /" II, A .// A_, __ ..." ~ .r") J rl 72.93/ J..l..\..I,U.LC.:>,:).. .../ .&-~ ; ./V' rrff . rr-v ~ L.:& c:. c::>~ .L:'5e A--c.A H -11 17' dE. F ~n k F -:;~,"7 j--~E M il orne F lone 766 ~7 hi? vvor Jhone I' ~..7 /.c..5, - a All information, sketches and data contained "!lld made part of this request, are honest and tr e t e b ., t of my l<Jl~dge belief. / /1 , \, ty ^J~- .~ ~ - I f \... SUSAN M. QUINN Signature of Applicant ~ NotaIy Public . Slate of Florida Sworn to and subscribed before me on tlrisdfl!iday of 1{Wf:<II1;J.,?. 'iMY Commission Expires Jun 13.2009 .:;:--> l CommIssIon#OD436151 L :J' C''x ~-- >>1. o/~ Bonded By National Notary Assn. f; - ./ '~ Notary Public, State of Florida '::;::. ,;:.~.. .~ The completed request form and the $250 filing fee must be filed as follows: Requests for c:> . , Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a (.,U -.J minimum of thirty (30) days prior to the next regularly scheduled Planning & ZonJng Board "-!) Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior co 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 ) -0 :;...;.) ./1 . '1-., /'7 . I ,..,. ,} rE .f:8- .;0 toW -, C_ii WJ en 01 1129'06 10:50 01 Dj Ii "J $250:<00 l 1_; "...-t ~'" ,-.J --...1 2 \ I City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. /DATE: /b/,3e> A:.>~ I ,. /' ~... ----~.. -- -- - - -- -- ~ ---- I. NAME OF APPLICANT(S) ~bbo~r4 piP pi!?/' f/ L>S .-TNC-. , ADDRESS (if assigned)3.2~/ ;1/. All.. Avk. CoCo4 ReAch" 7/ 3zcr3( PHONE # 7f3.?~/25l.J- FAX # 7&3-/2gS E-MAIL A . 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: q- JZ -f tf - . I SUBDIVISION:Al~.x.) ;5'1 -1:4 -e: 5e14- LOT: BLOCK: If ( I PARCEL: SIZE OF SUBJECT PROPERTY IN ACR?S: ~ 7/ .( SECTION: :Z~3 TOWNSHIP 2c; S 'RANGE 3'7e DESCR1PTION: 7S-/o .1/. /l-;L;AA:/ r:-rc /lr/E . 3. ORDINANCES SECTION UNDER vv'HICrl SPECIAL EXCEPTION IS SOUGHT (EXANfPLE, ARTICLE X, SECTION 2) See. I/o -S-56 4. COMPLETE THE A TT ACHED 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 ETe.) c-L 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRA WING(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 convellience, traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimentaI effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to and above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/ or teITIlination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and set~acks, its relationshi.p to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTb: 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 ifnecessary): TlF ~r-h .R' b (.// M. d-~ / 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: - *Paid receipt from Finance Department for $250.00 Application Fee. - * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") - A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: - A property map showing properties within the 500 ft radius, dearly 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 Po-wer of l\ttomey must be attached giving the Notarized COIlsent of the property O'Vvner to the applicant to request the Special 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 ininus all associated costs, 6 Properties, Inc. JOHN J. KABBOORD, SR. MARK D. KABBOORD Chairman Sr. Vice President, Real Estate Broker, Contractor and DAVID W. KABBOORD Corporate Pilot President Real Estate Broker WILLIAM J. KABBOORD Contractor Sr. Vice President Reai Estate Associate N. C. Operations JOHN J. KABBOORD, JR. Attorney, Generai Counsei Special Exception Worksheet 7510 N Atlantic Ave. Cape Canaveral, FL 32920 1) The Special Exception would not have any adverse impact on adjacent property owner. There would be no more noise, lighting, vibration, traffic, or a utility required then are currently being used on the site. 2) No unusual police, fire or emergency services 3) Yes, the Special Exception meets all zoning district and yes the Special Exception meets all lot, building setbacks, lot coverage, buffers and off street parking, sign and storage as well as landscape. 4) Property has adequate ingress and egress for automobiles, pedestrians, and emergency vehicles. 5) Property has adequate off street parking and loading areas. The site will create no undue noise, glare, or odor on adjoining properiy. 6) .LA...ll utilities are in place and adequate. 7) Yes, there is adequate screening to protect adjoining properties. 8) Yes, there is signs, and exterior lighting, which promotes safety and will have no effect on adjoining properties. 9) Yes, adequate refuse and service areas. 10) Setback and open space and landscaping meet the requirements for that zoning district. 11) The Special Exception will be compatible with surrounding uses. Its function and hours of operation and traffic should be compatible. 12) The Special Exception is consistent with the comprehensive plan. 13) The Special Exception is consistent with the intent of the zoning district. 14) I think I have met the minimum requirements. As for entitlement to the Special Exception the Special Exception has been approved before 1996. It expired after A vis moved out. 15) Yes, the Special Exception should be granted. 16) Yes, the Special Exception should be granted to petitioner. ~l:JdI 3201 North Atlantic Avenue, Cocoa Beach, Florida 32931 · (321) 783-1234. Toll Free 1-866-208-1234. FAX (321 288 North Carolina Operations · 828-293-7474 . Fax 828-293-5075 .M~~~ering,Inc. (321) 783-7443 FAX (321) 783-5902 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 David Kabboord, President Kabboord Properties, Inc. 3201 North Atlantic Avenue Cocoa Beach, Florida 32931 321-783-1234 Re: Lots 9-12 and Lot 4, Block 41, AVON BY THE SEA Dear Mr. Kabboord: We have calculated the distances from the structure located on the above referenced property \rvhich is located at 7510 North Atlantic Avenue, Cape Canaveral, Florida to the following car rental facilities in Cape Canaveral at the addresses indicated as follows: 1) Budget 8401 Astronaut Boulevard 2900 feet i: 2) Thrifty Car Rental 6799 North Atlantic Avenue 2260 feet i: 3) Avis Rent a Car 6650 North Atlantic Avenue 2580 feet :!: 4) Hertz Rent a Car 6211 North Atlantic Avenue 3870 feet i: All distances noted were calculated using Google Earth and should be accurate to within :!:50 feet. Please feel free to call if you have any questions or need additional mfprmation. " /2/} b almon 62 Florida City of Cape Canaveral Decernber12,2006 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request No. 07-03 Notice is hereby given by the City of Cape Canaveral, that applicant Kabboord Properties, Inc., 3201 N. Atlantic Ave., Cocoa Beach, Fl 32931 has requested a Special Exception for a Vehicle Rental Facility in the C1-Zonina District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(15) for the property described as follows: Legal Description: Township 24S, Range 37E, Section 23, Block 41, Lots 9-12 and 4, Avon by the Sea. ParcellD: 24-37-23-CG-00041.0-0009.00 (7510 N. Atlantic Ave., Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall selVe 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 10, 2007, 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 wiii make a recommendation to the Cape Canaveral Board of Adjus1ment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within SOD-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 Polv Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board Vrith respect to any matter considered at that person wi/I need a reevrd of the proceedings, and for such purpose that pelS!")!? may need to ensure that a verbal" proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. T' constftute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevar authorize challenges or appeals not otherwise aUOWed by law. Persons with disabilities needing assistance to proceedings should contact the City Clerk's office (86~1221), 48 hours in advance of the meeting, Susan Stilis, CMC City Clerk i ~ i ~' : I ' .:?a~ ;0, ; I::;: , I ; , : 11 : 1J: q '>:9 :10 1~j1- '> : !: ~~ i < ' ZGIiA iz -eAA\>'ER-S'r N '-,1+":,,,:,1 ~j' CARVER ST S II . , mu:C!'~ C' --, i ~ t1~1.12!1_':I' ~~t! 2.il~',a!Z~J::: ~:Ii!l ~ !j~~:!~:-:13S;ZI~~.~,A; -AA)'fv~\! .. I -.: , ~~G ?CST RD UfCMiE AV i I I :5:;: i I L- I --=- , ~-z>..c~1.J.'..<<109.D" : 1,1 I I , :....S..LJ.l1 5aa ! . j '7~'1:"]113::.i 1 0 5 Polk Aven ue . Post Office BoX" j~O~ A"Capc Cdlla V1€:fal, Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FA-"\(; \v\vw.myflorida.com/cape . e-mail: ccapecanaveral@cH.L RADIUS MAP EffiIj ffiHB i@ill] ~ 6 BrHBi -< IUDISON AV . -" "~--'6"""5.4 3. trRE 7 ",' . ...... 13 12 n 10 ~ 6 " · m m ,,;::.. hw19 B-I-~ , , 'TYLER.vf ffiE] 75 74:::: 67 00 ~ ~ ;;.. -, >- "'II ~ . ~ -< 9 !'tl :' b'l 9. g T1-- OM iMjiEtIIl1 i ~AV I I II rAY; I W I I I 0JJ1llTITI7 \ · '\ I ~ HtLJ lJl'J ~J rnllIDO \ 1- _u r i. I 11001 9R II lIT/I j "......,.. j 100 ImrmtIl J[g// ~ ~" IH1M-t~ I I I~ I Ilnffi ~ '~1I II I 51 '~ I I I [Jlrjl=J~[lr~/ ' ! I \,1 -. I L_U]8 [ Iiiii f9 ~-~Jd frJTil { I I LLlLW LI I I I I I 11// / /I I t--~ lUHJ t iffiiij [rn~ q / 117 LLLJ CD/ / J"OHliSON A. V __ , Brevard County Property Apprai<er: Jim Ford BUFFER DISTANCE: 500 FElIT APPLICANT NAME(S)j ADDRESS: Eased on data from the Property Appraiser's Office MAP SCALE ]S 1:6000 (one inch = 500 feet) QUlN, SUE - KABBORD PROPERTIES, INC. I Th' '1 d / LEGEND: IS map was com pI e rom recorded documents and does not re fleet an actual survey, The Brevard County Board 0/ Commissw-ners N tit. t' b If ~ . ' OIClllOnuer OWNER NAME(S)j ADDRES~: Property Appra1Ser, and Ceographw Informatwn ServWes do not assume . resplllmbiltty for errors or ommissims oontained herem, IZZJ Parcel/lot boundanes I Produced by: Brevard County Planning & Zoning Office - GIS, November 15, 2006 Numbers on map correspond to mailing list ~.#102. QSKP500 qokp5OO-1.anp City of Cape Canaveral 105 POLK AVENUE. P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 February 9, 1993 Mr. David Kabboord Kabboord Properties, Inc. 3201 N. Atlantic Avenue Cocoa Beach, Fl 32931 RE: Special Exception Request No. 92-08 to Allow a Car Rental Office with Car Storage in the Rear in a C-' Zone, lots 4, 9-12, Block 41, Section 23, Township 24 South, Range 37 East, Avon by the Sea, (7510 N. Atlantic Avenue - formerly Duval Federal Savings Bank) Dear Mr. Kabboord: Enciosed for your records is a copy of the application of your request recently heard by the Zoning Board of Adjustment. The Zoning Board of Adjustment approved your request with the stipulation that there be no major auto repairs and no vehicle sales. If you have any questions, please contact the Cape Canaveral Building Department. Sincerely, 1 C. () ~,<.?- ",. ~ e-r.; h---. ames E. Morgan "-./ Building Official JEM/sln PRINTED ON RECYCLED PAPER r- ..,'."j Iii!.) \i,~rili~tJ GrcvJrd County, Fl . __. L_.__ it :~"n:cs <; ;~:~IJ ..i.:JXL Rr.c Fec '),00 QUITCLAIM DEED ':;.: 1J..Z:9YO [;.d,c Tx__ ,. .,.,~._ ....___ bt Ix v.. ,',,~ l."L Refund THIS QUITCLAIM DEED, executed this if; 't I. d;JY of ----Lju.J{.tl:; T , 1 ~n, by RESOLUTION TRUST CORPORATION, ;J corpor;)tion existing under l;)ws of tho United States, as Conservator for DUVAL FEDERAL SAVINGS ASSOCIATION, (first p;)rty), to KABBOORD PROPERTIES, INC., ;) Florida corporation, whosemailing;)ddreSsis3201N.Al!;)ntic Avenuo, Cocoa Beach, FL 32931 (second party). (Wherever used herein tho terms "first party" and "second party" shall include sir;gular and plural, heirs, legal representatives, and assigns of individuals, and the succes,sors arid assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00, in hand paid by tho said second party, the receipt whereof is heroby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest, claim "'.) and demand which the said first party has in and to the following described lot, piece or parcel Co..) of land, situate, lying and being in tho County of Brevard, State of FLORIDA, to wit: ':::::J = f .;:) Lots 4, 9, 10, 11 and 12, Block 41, AVON-BY-THE-SEA, according to the plat thereof '.'::> as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida. Tax 10 1124 37.23 CG 41 4 and 9 TO HAVE AND TO HOLD the'same together with all and singular tho appurtenances thereunto belonging or in anywise appertaining, and all the ostate, right, liUo, interest, lien, equity and claim whatsoovor of tho said first party, oithor in law or oquity, to the only proper usa, bono fit and behoof of the said second party forever. '.::> >- .. IN WITNESS WHEREOF, the said first party has signed and sealed these presenls the day .__ and year first above written. ',_) ',) Signed, sealed and delivered in tho presonco of: '::J "U RESOLUTiON TRUST CORPORATION, a -'- corporation existing under laws of the United (~) Slales, as Conservalor for DUVAL FEDERAL f'.) SAVINGS ASSOCIATION .-:::.-> /7 } &- . \- - .I .1'1 (. .' " /7)c.~. c.-..--l-z.'j )_ ~t~r~ss: / LARRY M. GEIGER. ''1:;~;~;i;j;i\ r/0- t) 1- E(.:c.." STATE OF FLORIDA / [/ u~ rc -J~II C::-~""1 COUNTY OF BREVARD . Tho .foregoing instrument was ilcknowlodged bofore mo this / tJ l-( dilY of lbLly.t'LT, 1992, by LaceY 1.1. Geiqer ,as Ass t :1)i rectcof RESOLUTION TRUST CORPORATION, a corporiltion existing under laws ot he United Slates as ConserVillor for DUVAL FEDERAL SAVINGS ASSOCIATION, on behillf of the cororation, who is personally known lo mo or,who~hasoproducod- ~,iden[jfication and who did lake an oath. NOTARY PUBLIC _ / .~ '. .. I . { ({'d.. l.CI....... \.- ;l.C'L/jU.--L Prinlnamo: PcllJl-"-'rucn'it' Slato of Florida alLarge My commission oxpires: PREPARED BY AND RETURN TO: I . . . . John J. Kabboord, Jr., Esq. Reinrnan, Harrell, Graham, Mitcholl & Wallwood, P.A. PAULA TURNERF'_'jd 77 E M . I I C J'j NoUlrt Public.S!.'to 01 ~ a 5 .' crnU sand swy. t,110 My CommiuionExpirosJUN 26,11(9~ Mernllls!and. FL 32952 COMM I CC 12150G . ... .. .. .. .. ... .. .... .... .. .. .. ... .. . w " ... ... ... '0' \VP50:DEEOS;OCOEEO nl: f) I; 'I J~ ;';-- ") , :-=- n -01 ,.1 c.. (. ..; I [, ._1 : ,-) ::1 MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FILE COpy FROM: Ed Gardulski Public Works Director DATE: December 7, 2006 RE: Special Exception Request 07-03 Kabboord Vehicle Rental The Public \V orks Department has reviewed the special exception request and have the following concerns in regards to the washing of vehicles. MEMORANDUM TO: Ed Gardulski Public Works Director FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: December 7, 2006 RE: Special Exception Request 07-03 Kabboord Vehicle Rental I have reviewed the special exception and have the following comments: 1). Will vehicle washing/cleaning occur at the site? 2). If so, will a wash water recycling system be used - or where will the wash water be discharged? rage 1 ot 1 T odd Peetz From: John Cunningham ucunningham@ccvfd.org] Sent: Friday, December 08,20068:16 AM To: Todd Peetz Subject: Re: Kabboord Speical Exception 07-03 Todd, We have reviewed the special exception and have no comment at this time. 12/19/2006 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: December 8, 2006 RE: Special Exception for Kabboord Auto Rental I have reviewed the submittal of the special exception review for the above referenced project. Please see my cOlnrnents/concems below: 1. The submitted site plan indicates that the site lies on multiple lots. The applicant must obtain a unity title in order to aggregate these lots into one parcel. If you have any questions, please feel free to contact me at 407-629-8880. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET Kabboord The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site has an existing building and will be utilized for the proposed car ,,~,"+~7 f~~;7;..... llo additional adverse impacts to adjacent property through the r e;rUUI jUIAIIIY. creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff are anticipated. This assumes there are no proposed changes to the current site. 2) \Vill the Special Exception create any unusual police, fire or emergency services? llo 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 tho ,'017110';'/ j", tn 1,0 lnrntorl "1"_ I _'-1VI-"-"UI.- "'U "...., ......,'-' ...'L.I'.......~..._L4-. 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 currently exists. Access to the subject site can be gained from Polk and Tyler Avenues. 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. No additional parking is identified on the drawing. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are avaiiable to the subject site. A building currently exists that will be utilized for the proposed use. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The building currently exists. No additional screening is proposed. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The building currently exists. No changes to lighting are proposed. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site meets the setbacks, landscaping and open space requirements of the zoning district. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed development is consistent and compatible with the surrounding uses. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? T.ltis 'Special Exception' request is consistent vyJitll the goals, o~jectives and policies of the Comvrehensive Plan. J - -..4. -. -. - - - - -- 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 2 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 A _ Administrative Appeal C-l C-l C-l A-I-A ":1:. CONSIDERATIONS 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) HEIGHT: Yes IY'IEETS CODE _ CODE VIOLATION (Describe) 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 v - ^ NON-CONFORMITIES NA - STRUCTURES NA - LAND USES NA NOTE- The P1'H"l.lllng & Z"n'ng Roa"'..1 Sh0111..1 also raH1em Sec~;0""'110 A7 11 11\ .1. ..L...L.L .LU-.1..L.L '-' L.L.LL J...J .J.'-A...LL U.l.'-'I...L \....VJ. VV L.l..l.L...l.. ....-:I:J \.J.-.J...l.J COMMENTS: No additional comments Date Reviewed by Building Official or Designee: Signature: 4 D ~(g~DYlE 7:// j) 11 . C/jen Ie Il/AR;)&K JAN -32007 1Jf?t) allei 5#;;14< Pr .' ~. . i f/7IJ:/ tl7] / <0103-0.0 I C'+y C'-<..Ic-.( ~ - /J /~yJ YeJt?f] ( [/!/ /c7d, I. . 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Meeting Type: Planning & Zoning Board Meeting Date: 1/10/07 AGENDA Heading Special Exception 07-04 Item #6 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: A Special Exception Request Sale of Convenience Goods for Service Station Customers 07 -04 in a C-l Zoning District. DEPT.IDIVISION: Building Department I Requested Action: I Consider and make a recommendation to the Board of Adjustment for approval/denial of sale of convenience goods for service stations customers 07-04 in the C-l Zoning District. Summary Explanation & Background: The applicant is Jay Jasperson, representing Banana River Petro, LLC. The subject property is currently the CITGO gas station located on Astronaut Boulevard. The applicant wishes to construct or located an ice/water vending machine on the property. The Vending m"chine i" anprcwim"tplv I ()'v2L1' in "i7p and h"" it" o'vn p"wer s"nrce to dispense ice /w<>ter ~V~" if"th~re is"^ ~I~~tr;r.it" I I HmHU"~:-' '~H -~J .~. . ....u~~ . u_u u .. ~ . '.'-'..'- ""'---,-L."m_,,,.,,,,,,..'Hu.,,,V".,-,,-,,"u.,.J'_ 1- hb h 3 N . . - # -- I I Ex i its Attac ed: # I ApplicatIOn, #2 Worksheet, # otice to surrounding property owners 4 RadIUS Map #5 PIctures of similar products, #6 Staff comments City Planner's Office Department: Building Department City of Cape Canaveral 5pet!,taJ E K Cef'~ On Building Department (Please Print Legibly or Type) M~u.d-1f 0 1-04 VA TE FILED i;;L( (c (('y FEE PAID 2$O,CC DEPOSIT 2, S 421. :?'-{ RECV'D BY: ($250.00 Filing Fee is non-refundable) NA TURE OF REQUEST Special Exception is for what purpose (Brief Description) I t\J 5 T1O(L AT (ON (j.f ( C:e / LJ4-(' (if<. V ErJ D uJ r:.:. tS..i' cD 1 f'J b Address of request (if applicable) '3 i () { j:... '5-rR..D N--p.<j (' g L \1:.') " Legal Description: Lot_Block_Parcel 'd..S-S-' Subdv Section ~3 Township d. (-{ Range 3'"7 STATEMENT OF FACT: State of Florida, County of Brevard; I ->/:;. V Jf'\. :5.f'E-{<:s." N ,being duly sworn, depose and say that _ I am the property owner, ^ I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): i3AtJANA. fJ...i...Jf,rz -vt.-r 12)) , i-L C. . -... , Address: 't i:l~ ~h ~ ?b t N"r DtZ.. ' S~Cit, ~b\ C~G~) f'L.. 3~ '1 ~~ I Home Phone Work Phone'- ).~ -(')~~"1 E- :tvfail Applicant(s) Names(s): -.'J-A.'< ..)~JP~Tht~ - - __ - 'tIl A-1-1 C2'')~ ,,\ ,\0::- .JiIt. \v Ai ^^ii,.._c-" ,..... ...., _'-"' _, .,~ .1' ~uuress: '--'vtJ"--.) ,...... '"""...) 11 'I/-' & ..1.- I PUttY1;:) J TL... Jf.,l.. , '0-<t Home Phon~"8S-: (S34;). Work Phone ~Ci3 ....'gG3::t E-Mail..Jk..l -.>A's(ft. ~tJ(€} Abl- . ("'':'Cif't\ ketches and data contained ~d made part of this request, are honest st of my knowledge and belief. ~ g' J Signa ute of il~p lie ant ~=l Sworn to and subscribed before me on this ~O day of NaueWlber ,20 db . ~o""'" ~(o\. Sherri A Rodweller ,- >flvvu-!t. ((~ . ~ . My CommissIon 0018-4314 \-;',;:'r1 El(p!res Februari 17 2007 f:=) Notary Public, State of Florida '_f.... ;:J-.. The completed request form and the $250 filing fee must be filed as follows: Requests for l: ..d: Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a '_10M' ;::0 minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board (:::) r'J 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 '-0 the request is heard by the Planning & Zoning Board. (A deposit may be required per Section E~ 110-92 ) ::;:t ~ f'..,.;: ~;:l;. ';::-', co Cr... ....... {;i ! (~ : ]8 1 PLU PLI.J 2 $250riOO co ~! t ~, 2 [J.1 f O! 1 .-.j ,. l ' t c:t-" City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape CanaveraL Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. /DATE: I 1. NAME OF APPLICANT(S) .....)f..-Y ..)A:S P~,'Z..q:)N ADDRESS (if assi2Iled) \ u / PHONE # 1{4:;;3- g D3 /).. FAX #d<..:1 - ,",l.),~;;). E-MAIL.J<A.'<0{~S-ft'~~"J ~ A."::JL .Ctir'1' 2. COMPLETE LEGAL DESCR1PTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL: as-'s- SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: ~ 3 TOVVNSHIP~'~NGE 3'1 DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT tf"",_ i i~-33<fC~ ~ <0 (EXA!v1PLE, ARTICLE X, SECTION )t.<. -r'(DN 4. CO!\1PLETE THE A TT ACHED WORY"SHEET 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 ETe.) C - f ='" 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRA WING(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 rnnupn;pnrp h-:::lff;r fTnuT <:lnc1 rnnh-nl <:lnc1 pm"'.,.."..",nru o>rr",cc 1n ,.....,"'''' At t;~,.,. -................. -...........-......--l .......-..........- .......-.... ..............-... _'-'A"~_"'! ~.1.L"""'" '-J..L.L_.&.6_"'L~__r L.o4_~'-"';U .I..L.L "'-U<J'I.,,_" "_Jl.. l...!.1.S or medical emergency. 4 (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and! or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks a..'1d other open space. I"\.,.\ U~~~"\"'l- \H) ~ ~t::.lblll. (i) Landscaping. G) Renevval and! or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and set~acks, its relationship to land values and any other facts that may be used to measure or determine compatibilit'f. PLEASE NOTE: In granting any Special Exception, the Board of Adjustrnent may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE RK.1~SON FOR REQUEST(attach additional sheet if necessary): - (<'t (L'.)A7~ VtNuUJ" It::. {NsrP-LL gU'LD(j~~ 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: - *Paid receipt from Finance Deparbnent for $250.00 Application Fee. - * Paid receipt from Finance Deparbnent 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 nailies and rr-lailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: - A property map showing properties within the 500 ft radius, dearly 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 uwner to t.~e applicant to request the Special Exception. 8. Copy of recorded deed to subject proPEFrty. o . 0, n Completed worksheet. 7. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. . NOTE: Application fee of $250.00 is non-refundable upon payment to the City. . NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 CITY 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. N(~ 2) Will the Special Exception create any unusual police, fire or emergency services? N(...') 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.? 'It,S 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? ... ;- 'V""-'"",,, f ':""-J 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? Yt:5 hI Is there adequate and properly located utilities available or lllay be ~I reasonably provided to serve the proposed development (if applicable)? Y t;=' C' -' ..;> '" Is there adequate screening andlor buffering provided to protect and I) provide compatibility to adjoining properties? y- t.s, 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, im.:umpatibility, and disharmony with adjoining properties? 7 y~s 9) Is there adequate refuse and service areas? YeS ;.; 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? f (L~-d<.11( (5 <'0R.{(tt\..J-(L#Y Db1~ 0(f>E.c 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? l <.. E- ( ~I:,~ i/&v D' AJ t:;;; Bu (C!)If.--Js;: is 'f4(-J UrJfI1-JG^J^-lfb Ji; N YJu..JC IV") ~ c1-l t t,J~ eJPe:,/<j .;;.. <(. i4 0,0 fJ."s I 'D ~ Y 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? y~s 14) Has the petitioner met the mi1.1imum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception vlhich "\-vill not adversely affect ttle public interest? 'A- _. 1:..:) 15) Should the Special Exception be granted with any noted limitations, restrictions and/ or conditions? " . I,. V~~ , ......,..) 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? YE<\ '-"" 8 City of Cape Canaveral December 12, 2006 NOTICE OF PUBLIC HEARING THE ADJACENT PROPERTY OWNER(S): Special Exception Request No. 07-04 Notice is hereby given by the City of Cape Canaveral, that applicant Jay Jasperson, 5325 N. US Highway 1, Mims, FL 32754 has requested a.Special Exception for the Sale of Convenience Goods (fcelWater) at an existino Automotive Service Station in the C-1 Zonino District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 11 0-334( C)(3)(g)(6) for the property described as follows: legal Description: Township 24S, Range 37E, Section 23, Parcel 255, Avon by the Sea. Parcer 10: 24-37-23-00-00255.0-0000.00 (8101 Astronaut Blvd., Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 10, 2007, 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 \-vill make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial wi!! come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within SOD-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 Plannjng and Zoning Board with respect to any matter considered at this meeting, tryst perSon wil! nee-d 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 constftute 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 faw. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerks office (868-1221), 48 hours in advance of the meeting. Susan Stilis, CMC City Clerk, ".. ", '''''o\'\_~~! . I "'- ,""./ "\ ~~; ::i~lI i: "-. .- \~. 5.19 ~ ,; B1 '~12;' '~, "lo~,-,~ ,<I'" "'~: MBlA Df3. ~ ~ ....HURCH LA _ I.;' ,i i ''',,\ I - It.....~U <) "2".S.U 25.1 ..;1...;; , I "~~" J,~~~bi _" = : 1:!!IL"1 \~ '"~ '-o:mti ;".,,;1111 i RD - '-- \~i :Sts~ ~a" : ,'I' f ,'. ~\~~ :! 250 = I ~'h7S~\ \ !, i I. . I;; F '; A \\ \ os; ;.: ;JllO"'.-'L ~, ;. 105 Polk Avenue ~ ~)i '3'2"~C'ana~e~, FL 32920-0326 Telephone: (321) 868-1220 . StJNCOM: 982-1220 . FA.X: (321) 868-1248 \vvvw.my-fIorida.com/ cape . e-mail: ccapecanaveral@ctlrr.com RADIUS MAP / ~& I II ~ I ~ I ~ ~ \ '\ I ~~ i ~ ~ ~ 3. IIIIIII iffiffiI 3 ~ [illf\ />;:<('\ '/ 1 ~ ~- ~ \ \ I ~ ~ '~ C~~~ 1 I c~t..~ 1 r 5 A.'- 7 ~ 4 jk z III I 3 \,\ [I I 1Z! 13 m 14 \ \ 2Q \ 22\\~ yASmNOWN >V \~ ",n~."" . I II II 11111 I --. ..-- """"".'"' \, ~~.. r ~ H rl ~ ~ \ $ re' LlilllJ LJlJl1lLJ I. '~Ij~~:u ~~ ~:IPBD1 H=Wm IIlI 111 IIa 165111111> 1i3~ ~ \\ \llIl~. lIS"",,".. I 111111111111 I 'I , I J 1\ ~ 74 i m'FKRSON AV f"1 00 6111.ll.b" [U;Y\ / "I I I mTTH \ ~ 76 1\" ~116f' 1/94 I ~\ \ I~ I I I I I r TI I ~~'---- ~79 ""..911 r- ~ \ \ \\;3 J~L I I \,hlll I I I II LLLL ~ " I.<C 7c~ ' \ '5f_l W I \ _0 _ \ I \ \ I I I I I I I I I I I ,- I I \'" , , , \ I t"'f^"UNALDN I I '\ \ _.lLJ I I I I I U I \ !! 1-, ! I \ \r--. r- I J !! I ! ! ! j ! Ii! \ _J r_r I \ LllLl Wl;lt;l;;l;;l - ~ \- ,0 I I [J-NjR ~ I I llARllll'Jlf AV \ -- ":~:S r=lll=ml ~ I \ II LllLWJjIIIIII I ~ l~rili!~IL II' : ':::' IIII~I I I I~I \lllli'i 11 Brevard County Property Appraiser: Jim Ford BUFFER DlSl'ANCE: 500 FEEl' APPLICANT NAME(S)j ADDRESS: Based on data frum the Property Appraisers Office MAP SCALE IS HiOOO (one inch = 500 feel) JASPERSON, JAY I TI' . L~lliD. . ~tS map was campiled from recorded documents and does nvt reflect an actual survey. The Brewrd CllUnty Boord vf Commissioners, Notification buffer OWNER NAME(S)j ADDREv~: Property Appraiser, and Geographic Informatwn Services do not assume . responsibility for errors or &Inmissims cvntaimd hereon. I2SZJ Parcel/lot boundanes . Produced hy: Brevard Couuty Planmng & Zoning Office - G1S, November 17, 2006 Numbers on lUap correspond to mailing list Pto;.IIOZ .]ASJ500 j..s500-I.cmp 1, ,.,.. ~- .' .( " . @ ',q' .;.~ ~ . ."" ~ 1\ ! i j" \ I.. ~' eli- "j ~ -- < I / / ( i I I I i I I ! I I ,,\'- - ,Pi I f AUTHORIZATION I, Rajendra Shah as Manager for Banana River Petro, LLC, hereby authorized Jay Jasperson to act as my representative to obtain a Special Exception for the purposes of installing an Ice/Water Vending Building at 8101 Astronaut Blvd., Cape Canaveral, Florida. Date: tiPPY I ah, Manager ver Petro, LLC. State of Florida County of Brevard Sworn and subscribed before me this (;z q'f"t day of A/" 1/ d t"" Ix /2- , 2006, by IVVVLTV' Rajendra Shah. _ who produced identification: or 1L- is personally knovvn to me. ~ ""'- > . L' (! Seal: :. ~\~~~~rl~/'"" t l c/ rVt ~ (!QL<J;) ":':I'1;.:;~ BRANDI L MCCLURE Notary Public At Large c. J:J MYE:?~MISSION # DD 390755 .~,:..,:~., E'\t'IHES: January 3D, ~g I ~ ~_.~u Notary PublieUnderwrit..n: ,.' ~.-.:" ~ ~- ~ ~- --- ---, --....-.... Ellis, Clerk Of Courts, Brevard County Doc. 0: $5250.70 (f) 111is lnstmlnent Prepared by: Patty Wright ALLIANCE TITLE Of BREVARD, LLC J1~ 0001 730 E. Strawbridge Ave. M.....,... "~.. "... t\: 501 ! as a necessary incident to the fulfillment of conditions 1, -t, contained in a title insurance commitment issued by it. Property Appraisers Parcel LD. (Folio) Number(s): 24-37-23-00-255 File No: 106090052 WARRANTY DEED (CORPORATION) This Warranty Deed Made the 16th day of October, 2006, by ST Properties I LC, a Florida limited liability company, and having its place of business at 21 W. Fee Avenue, Suite F, Melbourne, Florida 32901, hereinafter called the grantor, ~ to BANANA RIVER PETRO, LLC, a Florida limited liability compapy, whose post office address is: 402 Highpoint Drive, Suite 201, Cocoa, Florida 32926, hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideration of the sum' of $10.00 Dollars and otller valuable considerations, receipt whereof is hereby acknowledged, by these presents grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Brevard County, Florida, viz: SEE EXBffiIT "A" ATTACHED HERETO At1\lD l\fADE A PART HEREOF TOGETHER with all the tenements, hereditaments and appurtenan<;es thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the iitle to said land and win defend the same against the !awfill claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 2005, reservations, restrictions and easements of record, if any. I (Wherever used herein the terms "grantor" and ''grantee'' included all the parties to this in~trument. and the heirs, legal rl!pl'esenlatfl1es and assigns of indil'iduals. alld the successors and assigns of corporation.) In Witness Whereof, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto dUly authorized. the day and year first above written. Signed, sealed and delivered in our presence: ST Properties I LC, a Florida limited liability company BY: v~~f; ~~ Wit 'less Signature: Samuel E. Gornto, Managing Member Printed Name: I The foregoing instrument was acknowledged before me this 16th day of October, 2006, by Samuel E. Gornto as Mana in mber T Properties I LC, a Florida limited liability company, on behalf of the c{)mpany. He i persona own to me who has produced a FL driver license as identification. l'v1 y Commission Expires: """"" Patricia B. Wright ~~!-,''?'f;;...... Commission #00192214 ;.(~;.~ Expires: Apr \3,2007 ~'!i~b;:;\.~f" ~ded.ThTU "'IHI'\ AtlantlcBondltlgCo.~ Inc. EXHIBIT "A" A portion of the Northwest 1/4 of the Northwest 114 of Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: From the Northwest corner of said Section 23, run South 1 degree 06' 26" West along the West line of said Section 23, a distance of 196.0 feet; thence run South 89 degrees 01' 49" East, parallel with the North line of said Section 23, a distance of 40.00 feet to the Point of Beginning of the herein described parcel; thence continue South 89 degrees 01' 49" East, a distance of 23.08 feet to the West right-of-way line of State Road 401; thence Southeasterly, along said right-of-way line along a circular curve to the right having a radius of 5,679.65 feet and a central angle of 1 degree 49' 00" for an arc distance of 180.08 feet to the point of tangency of said curve; thence continue along said right-of-way line South 28 degrees SO' 29" East, a distance of 190.37 feet; thence North 89 degrees 01' 49" West, a distance of 210.61 feet to a point which is 40 feet East of the West line of said Section 23; thence North 01 degrees 06' 26" East, parallel with the West line of said Section 23, a distance of 320.00 feet to the Point of Beginning. ~ .._-~- ll~ ..I.. ""'OV ~ V.J.. ..L Todd Peetz From: John Cunningham [jcunningham@ccvfd.org] Sent: Tuesday, December 19, 2006 8:46 AM To: Todd Peetz Subject: Re: Special Exception 07-04 We have reviewed the request and have no comment at this time. 12/1912006 MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 14, 2006 RE: Special Exception Request No 07-04 Ice Vending Facility The Public Warks Department has reviewed the special exception request and does not have any comments or concerns. MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 12/14/06 RE: Special Exception No. 07-04 Ice Vending Machine The proposed special exception does not impact stormwater at the site (area already covered with concrete). Therefore, I have no comments or concerns. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: December 8, 2006 RE: Special Exception for Ice Vending Machine I have reviewed the submittal of the special exception review for the above referenced ~..........':............4- pI U J I;;l; l. The project is consistent with the land development code. If you have any questions, please feel free to contact me at 407-629-8880. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET Ice Vending Machine The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to VerifY) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The proposed special exception is for an ice vending machine at an existing gas C"fnfif\M The vending machine lvill function as an accesso;y support uil1enity to the /JI-U"'''VTf.. primary use of this site. No additional adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff are anticipated. 2) Will the Special Exception create any unusual police, fire or emergency services? J.^10 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 has the potential to 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 currently exists. ",4ccess to the subject site can be gained from A-I-A and Long Point Road. 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 off-street parking and loading areas currently exists. 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. The subject site is currently developed. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The subject site is currently developed. No additional screening is proposed. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The subject site is currently developed. No changes to lighting are proposed. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site meets the setbacks, lalldscaping and open space requireineilts of the zoning district. 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? The proposed development appears to be consistent and compatible with the surrounding uses. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This 'Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 2 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 C-1 C-1 C-1 R-3 CONSIDERATIONS 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) HEIGHT: Yes MEETS CODE _ CODE VIOLATION (Describe) 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-CONFORJ\tHTIES NA - STRUCTURES NA - LAND USES NA - NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) CO~lf_I~IENTS: No additional comments " 1'1 _~ Q~ t Date Reviewed by Buil~i:pg, Official i~gnee: <C.. I~' ~~ \ <.::1- _.\\\ \ --r(! \ ./7"'\.I';~ Signature: ~7, 7~ yJ', 4