The URL can be used to link to this page

Home My WebLink AboutP & Z January 24, 2007 - Board Packet City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE JANUARY 24,2007 AGENDA 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: January 10, 2007. 2. Recommendation to City Council Re: Interview Prospective 2nd Alternate - Ronald Friedman. 3. 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. (Postponed at the last meeting) 4. Recommendation to the Board of Adjustment Re: Time Extension Request for Granted Special Exception No. 05-14 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B, also 1___.......... __ 1""\ A 3' A A "8 f"\f"\r\r\r\ ^1""\r\r\A Ar\. !\ "r- ^ "1""'\ I A 1""'\*-7 KIIUWII d::i L"t- /- I "t-L .uuuUU.UUUUA. I U, A.L.O, A.L.O, ana A.L. { - Teutons Subdivision - (Oak Lane) - Craig and Mary Stewart, Petitioners. 5. Recommendation to City Council Re: Proposed Ordinance No. 01-2007, Liquefied Petroleum Storage; and Repealing the Definition of Fire District - Kate Latorre, Assistant City Attorney. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.com/cape · email: ccapecanaveral@cf1.rr.com Planning & Zoning Board Meeting Agenda January 24, 2007 Page 2 6. Discussion Re: Mixed Land Use - Todd Peetz, City Planner. 7. Elections: Chairperson and Vice Chairperson. 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. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 10, 2007 A Regular Meeting of the Planning & Zoning Board was held on January 10, 2007, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate OTHERS PRESENT Robert Hoog Mayor Pro Tem Shannon Roberts Council Member T odd Morley Building Official Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: November 29th and December 13, 2006. Motion by Harry Pearson, seconded by Bea McNeely, to appiOve the meeting minutes of November 29, 2006. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of December 13, 2006. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance No. 18-2006, Oefininq Liquefied Petroleum Gas; Repealinq the Definition of Fire District: and Establishinq Maximum Gallons of Storaqe in All Zonino Districts. Chairperson McNeely advised that the purpose of the discussion is the result of many long discussions on Coastal Fuels and their proposed expansion of their liquid petroleum facility. l 41(\ , <(J '~ i Planning & Zoning Board Meeting Minutes January 10, 2007 Page 2 Bea McNeely, Chairperson, explained that once the definition of liquefied petroleum was made known, 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 no direction was given; however, she commented that the use and storage should continue to occur with limitations. She noted that direction was given to staff to prepare an ordinance that provides for limitation of liquefied petroleum products. Todd Peetz, City Planner, advised that the draft ordinance addresses several comments that were discussed over the past several months. Kate Latorre, Assistant City Attorney, gave an overview of the draft ordinance. David Sargeant, Fire Chief, advised that liquefied petroleum gas (LPG) is highly regulated by the State and the City. He advised that the code is so strict that BBQ grills are not allowed on any balcony of a condominium. He requested that the Board consider differentiating between utility uses and distribution uses. He gave examples of existing businesses that distribute LPG and how they differ from those that utilize LPG as a utility. He commented that limiting the storage capacities for businesses which use LPG as a "utility" would cause more frequent LPG deliveries to these businesses which, in turn, would increase the number of trucks running up and down the street carrying LPG. He stated that this increased traffic is more dangerous than a buried tank. He asked that the City not limit propane being used as a utility. He explained that propane tank sizes are determined by the individual uses. He noted that the regulatory codes will not allow tanks in a dangerous area. He advised that there currently are two 1,000 gallon, above-ground distribution tanks in the City, and in the C-1 zoning district. He further advised that NFPA 58 already regulates everything in the proposed ordinance. He suggested that the City may consider limiting distribution/resale in the M-1 Zoning district to 1,000 gallons. He advised that the City already references the fire code which contains a very lengthy section that deals with LPG. The code would never allow any size tank, to pose undue risks to the public. He stated that the citizens are looking for an additional regulation that would limit the storage of LPG for large distribution. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 3 The majority of what the City has is used strictly for utility purposes. He commented that the citizens are asking for a code that would prevent a LPG tank farm. He suggested that the solution to the issue was to leave everything to the code with one exception, which was to write an ordinance that simply states that no LPG tank or combination of tanks, that are used for distribution, shall exceed 1,000 gallons; and leave the LPG that is used for residential utilities and commercial utilities to the code that already exists. He commented that it is better and safer to have a properly sized and installed tank, than to have a truck running up and down the road every day to refill an undersized tank. Discussion followed. Following discussion, by unanimous consensus of the Board members, the Board directed that City Attorney to revise the draft ordinance; and the Secretary schedule this agenda item for the next meeting, if the draft is ready. 3. Recommendation to the Board of Adiustment Re: Special Exception Request No. 07-01 to Allow Packaqe Sales of Alcoholic Beveraqes in the C-1 Zoninq District, 6870 N. Atlantic Avenue, Section 23, Township 24 South, Ranqe 37 East, Lots 1-3 and 10-12, Block 73, Avon bv the Sea, (Yoqi's Food and Beveraqe, Inc.) - Yoqi Patel. Petitioner. Todd Peetz, City Planner, advised that the applicant was Walter Bowman, representing Yogi's. He advised that they have requested a special exception to sell packaged liquor to be consumed off-premise. He noted that the proposed special exception request was consistent with the measurement criteria, and that area was not within 300 hundred feet of any school, playground or church. Yogi Patel testified that he planned only to apply this request to the middle section of his building. He advised that his convenience store sells only beer and wine for take-out; Tip-a-Few Tavern is a restaurant that serves beer and wine for on- premise consumption; this request was for a package beverage store for off- premise consumption. It was noted that the address on the agenda, and the legal notice of public hearing (6850 N. Atlantic Avenue) was incorrect. it was clarified that the correct address was (6870 N. Atlantic Avenue), and this Special Exception Request would only apply to that address. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 07-01, (6870 N. Atlantic Avenue), to the Board of Adjustrnent. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 4 4. Recommendation to the Board of Adjustment Re: Request No. 07-02 to Allow a Chanqe of Use (Used in Coniunction with a Non-conforming Structure and Premises) in the C-1 Zoninq District, 8200 N. Atlantic Avenue, Section 23, Township 24 South, Ranqe 37 East, Avon bv the Sea, South 25 Feet of Lots 1 , 2, 3 and 9-11 , Block 1 , Avon bv the Sea, (Beach Auto Repair, LLC) - Vincent Keenan, Petitioner. Todd Peetz, City Planner, advised that the applicant was Vincent Keenan, representing Beach Auto Repair. He advised that they have requested permission to complete their existing non-conforming use that had begun but had not been completed. He noted that the change of use is from the current outside storage to being an enclosed use for auto repairs; the project is located on N. Atlantic Avenue; and adjacent to newly constructed residential uses. He explained that by enclosing the third bay area, the building would function better, reduce noise, and be more attractive to the community. Mr. Peetz, City Planner, further explained that according to the submitted survey, the existing building does not meet the special setback of 50 feet from N. Atlantic Avenue, as required by Section 110-536 of the Land Development Code; the survey delineates the front of the building as being 41.46 ft. from the property line; According to Section 110-337, Minimum setbacks, the property 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-1 zoning District; the north side of the incomplete bay is only 6.62 feet from the north property boundary abutting the residential use; the current use of the site 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; 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. Vincent Keenan, Petitioner, testified that the two bay auto service center was built in 1957; it has been operating as an auto repair facility in the C-1 Zoning district continuously for the last 48 years; in the mid 1970's, the owners of the property started to build a third bay; because of a slow down in business, they did not finish the work and only completed the footprint and the walls to six f1. high; from that time, it has been used as a courtyard with a gate; now he would like to finish the three walls to the proper height of the rest of the building, and continue the roof and enclose with a door. ~v~r. Keenan advised that this VI/ill make the building look completed, be much more functional, and more attractive fr.:"' tho. .-.....~rJ""i: :..-.:+~; 1'J! i.llV VVIIIIIIUIJllY. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 5 The Board members reviewed photos of the existing building, and a color rendering of the proposed improvements, entered as exhibits. Discussion followed. David Feller, Business Owner, clarified that they are not asking to expand the use, they are asking for approval of what was started in 1972. He advised that inoperable vehicles are only stored for 15 days then they are towed away; and the proposed third bay will be used for tools and machine storage. Bea McNeely, Chairperson, verified that the addition would need to meet the current building code. Members of the audience had the following comments: enclosing the building will be a significant aesthetic improvement; storm-water runoff should be a consideration; this business benefits the City, and will be an improvement; the City wants to encourage businesses like this one; this will be a definite improvement; Beach Auto Repair is an honest business; there has never been a noise or parking complaint; the business is only open during regular business hours; and let the little businesses survive. James Morgan, former City Building Official, advised that he was the Building Official at the time that certain stormwater, drainage, and retention features were enhanced, and the property exceeds the requirement for stormwater retention. Kate Latorre, Assistant City Attorney, advised that her opinion regarding the change of use for this request was written prior to the new City ordinance. The Board members reviewed Section 110-95 of the Code of Ordinances regarding change of use. Discussion followed. Following discussion, the Board agreed to the following Findings of Fact: . While the City's code prohibits increase of non-conforming uses, Section 110-195 (8) allows for property owners to seek approval from the Board of Adjustment for a "change of use" from one non-conforming use to another non-conforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding use. (1) '-----/ Planning & Zoning Board Meeting Minutes January 10, 2007 Page 6 . This application meets the criteria in Ordinance No. 17 -06, as the enclosure would: 1 ) Create less noise; 2) Create better aesthetic benefit to surrounding use than the previous use; 3) Be compatible with the existing and future use of the area; and 4) Create less of a visual impact than the present non- conforming use. Motion by John Fredrickson, seconded by Harry Pearson, to recommend approval of Request No. 07-02 to allow a change of use to the Board of Adjustment. Discussion followed. Vote on the motion carried unanimously. Chairperson McNeely called for a recess at 9:20 p.m. The meeting reconvened at 9:25 p.m. 5. Recommendation to the Board of Adiustment Re: Special Exception Request No. 07-03 to Allow a Vehicle Rental Facilitv in the C-1 Zoninq District. 7510 N. Atlantic Avenue, Section 23, Township 24 South, Ranqe 37 East, Avon bv the Sea - David Kabboord, Petitioner. Todd Peetz, City Planner, gave an overview of the request. He advised that the request meets all distance requirements for similar type uses; and the property should have a Unity of Title Agreement. David Kabboord, Petitioner, testified that he purchased the property in 1992; the previous granted special exception for the same requested use was expired; the vehicles would be exiting on Tyler Avenue; and he did not know how many vehicles would be parked at anyone time. Discussion followed regarding restricting the number of vehicles. .~ J7 ') ( \f\ i "J j \...:/ Planning & Zoning Board Meeting Minutes January 10, 2007 Page 7 Shannon Roberts, citizen, advised that the Business and Cultural Development Board suggested that that the City not allow any more of this type of business. She voiced her concerns regarding bringing additional traffic onto Polk Avenue, which already has a heavy traffic volume. She advised that the City is trying to work with the Port to take on more vehicle rental facilities. She requested that the City be pro-active in strategic planning by encouraging desirable type businesses. She voiced her concern regarding compatibility of this proposed use with surrounding uses. Discussion followed. Following discussion, the Board requested that the Petitioner provide them a parking plan showing the parking spaces. David Kabboord advised that he would have the plan ready for the next meeting agenda. Motion by Donald Dunn, seconded by Lamar Russell to postpone Request No. 07 -03 until the next scheduled meeting. Vote on the motion carried unanimously. At 10:00 p.m., by unanimous consensus of the Board members the meeting time was extended to no later than 10:30 p.m. 6. Recommendation to the Board of Adiustment Re: Special Exception Request No. 07-04 to Allow Sales of Convenience Goods (Ice/Water) at an Existinq Automotive Service Station in the C-1 Zoninq District. 8101 Astronaut Boulevard, Section 23. Township 24 South, Ranqe 37 East. Parcel 255.0 (Citqo Gas Station) - Jav Jasperson, Petitioner. Todd Peetz, City Planner, gave an overview of the request, stating that it was consistent with the code but, that a special exception is required because this is an additional use to a service station. Chairperson McNeely advised that the project has received approval from the Community Appearance Board. Jay Jasperson, Petitioner, testified that this \vas a pre-manufactured building which vends ice to walk-up customers; he works with the local emergency services throughout the County; and the ice is made in the automated building. Brief discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of Special Exception Request No. 07-04 to the Board of Adjustment. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 10, 2007 Page 8 OPEN DISCUSSION James Morgan asked the Board to consider an add-on item for a final replat of Sea Shell Cay, located at the corner of Harbor Heights. By consensus, the Board members unanimously agreed to add a recommendation of the final replat for Sea Shell Cay to the agenda. Recommendation to the City Council Re: Final Replat of Sea Shell Cay Townhomes, Replat of Lot 1 , Harbor Heiqhts West Subdivision, Section 14, Township 24 South, Ranqe 37 East - James Morqan, Applicant. James Morgan, Applicant, advised that the City Engineer had required an Opinion of Title which is not required for a final plat. Todd Morley, Building Official, read the City Engineering firm's policy change. Mr. Morley clarified that an Opinion of Title is not required by the City code. Mr. Morgan advised that he would provide a title commitment or property deed prior to City Council approval. Todd Peetz, City Planner, gave an overview of the project. He advised that all staff comments were satisfactorily addressed. The Board members reviewed the final replat. Motion by John Fredrickson, seconded by Lamar Russell to recommend approval of the Final Replat of Sea Shell Cay to the City Council. Vote on the motion carried unanimously. There being no further business, the meeting was adjourned at 10:27 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary CiJ ) Meeting Type: Planning & zoning Board Meeting Meeting Date: 1/24/07 AGENDA Heading Interview Item # ~ No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Interview with Mr. Ronald B. Friedman, who desires to be appointed to the Planning & Zoning Board. DEPT./DIVISION: Building Department Requested Action: Interview and Recommend to the City Council as whether Ronald B. Friedman is a potential candidate to sit on the Planning & Zoning Board. Summary Explanation & Background: Ronald B. Friedman is a resident of the City. Mr. Friedman has stated that he would like to volunteer to sit on the Planning & Zoning Board as his number] choice. . Exhibits Attached: Application I City Planner's Office I Departmeni: Building Department ,~~/V ...- , t CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOA o . Pursuant to Section 2-171, Cape Canaveral Cod C '-Ii C~ t'~' j 0 f+: ~ City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored, Please complete the following in the space provided: A. GENERAL 1. Applicant Name: JdyAlIJLD E.. /ikIEVr77A/J 2. Home Address: '/ "I z. BAl/S,Oe '.1/I<.} u c .- '# 7Lo .,~ 3. Home Telephone: ?f77 - 6.:5- Z 'I . C~!;;.I:;JJl...rIN GC;,. PR.Qi::e::;~/)C#/jL E'Ij~IIJ'i:::7:;;7Z.. 4. Occupation: Kerllzeo - e PfiI2T7/lnG -rz.,"UiJ Eij6I/Jt..~ (}..J.tl) 5. Business Telephone: '- 6. Business Address: .- B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) V (N)_ OJ Have you been a resident of the City of Cape L.. M_ (N) V Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a M_ (N) ;,- conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? M_ (N)_ 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? M~ (N) V' 4b. If yes to 4a, please list each: . ..-.~ 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent ./!tI! to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check (Y) V(N)_ performed on you by the City of Cape Canaveral? 6a. Are you related to a City of Cape Canaveral Council (Y)_ (N)~ member by blood, adoption or marriage? 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state, your !nterest in serving on a City advisory board or committee: ~'" _ /..!L.J'}.l.) ~FJr J.I/V) f!Z=Tie.eD;;C p/,.:j)-j) 'T?::> CJ4f-"AU{) OiJ ,~n'1 t.?l.u"lle:z::72.. fA...} 0 /l. k 2. ~riefly state any, prior experien~es in ser:~g o~ any govef':1..Ten~1 bo:=,rd. ~! COl)1mittje: . ' ?"t.vt./ t::iJ(,j/NE7:. - './Y~r ',"11 e '- i.; 8c:::;7.;;Kfill~tJ If I. (/,horf Y hf.,i!:; (' II. c... . i?a.-i2t::'A r7C~(.J C~-';17IJ1t55i a i.l - 'I, tt/;:JPP./V 6'="7<' r II, 'I ) - ~._-'._.-- _m _..no 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: LV-'w. - /M~ I}.I J) '? - ~'" 'i~:F.e=; ',/CI../,# L c:." ~J Ii:"Z:iP ( .' '. ,', 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. - Beautification Board b. J Board of Adjustment. . c. - Business and Cultural Development Board d. L- Code Enforcement Board. e. - Community Appearance Board. f. I Construction Board of Adjustment and Appeals. g.- Li brary Board h. -'- Planning and Zoning Board. i. L Recreation Board - j. - Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. ~ D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American ~ Male Asian-American Female Hispanic-American Not Known Native American l~ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENAL TIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: . Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. . Your application will remain effective for one year from the date of completion. . If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. fld/d Signature: i?-:J1./" .. ~~(...c . .J Date: :~~6 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk A venue Cape Canaveral, Florida 32920 ~ /.,c~ ./ "\ (j) For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: - -- --'-- "----- -'_.~.,-,_._-,~ ----- -______.__.....__.__...___________________n_______..,_______..___.--__...____ -- -----------..-.---..-....-..--.-..---.--,,- 0) Meeting Type: Planning & Zoning Board Meeting Date: 1/24/07 AGENDA Heading Special Exception 07-03 Item 'It? No. . ..J 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./DIVISION: Building Department Requested Action: 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. The item was tabled at the January lOth meeting to determine the number of parking spaces onsite. The number parking spaces identified is 32, plus 1 handicapped space. Exhibits Attached: #1 Application, #2 Worksheet, #3 Separation from other vehicle rental facilities, #4 Radius Map #5 Previous Special Exception approval 92-08, #6 Quit-Claim Deed #7 Staff comments City Planner's Office Depariment: Building Department 'TT if"::> ~-fQfl./1-., "~ Llty ot Lape Canaveral SfU\:(.J l fy((J,fJ-hY'- Building Department 'r7 (Please Print Legibly or Type) 07- () ~ DATE FILEDLLI2Q{c&O FEE P Alt ~'5D . 00 D EPOSITfP;) :=')5,7'7 RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST ~p~ciaJ Ex:<:eptiQu is for what purpose (Brief Description) ~ /(, CI'i ". ~ IA-- f AMi.?" 5 r'd> /" /41 ~ A .flAA/lre- A V.E. Address of request (if apPlicab~ Zs/.?> .IV: '1-12. T . Subdv Av6'k' 8'( 7-he~eA Legal Description: ~ot_B ock~Parcel Section ?:3 Township ;2 ~ S Range 3'1 E STATEMENT OF FACT: State of Florida, County of Brevard; I VA v/d ~ 66c--e> r4 , being duly sworn, depose and say that: "' ___n_._.__.___...______ ._,,"' -- ._..:."'_..~,- n_ -.--- -. ----.."..-....---- -,.~-_..- _'__'_""_._,_._m .-.... .---- .-.....--..--.-.. .--...-.----- --'.--..-.-_. _"___._ "'__..____..__._,.._~___. .______""._, '__n' _"_"_" .__..'__,.___ _. _. _.__. ___..._,'_ ,... ___..__ . __u.,.__ _ ..n., '_'_.n_ ..._ ..____..__ u.__.__ ._...__,_ __'.__..__. .._------._--.-..-- ~ I am the property owner. - I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): /fA t b~'!)~ rib ,tJe/'-6~ S ":;:;"..1 c- . f Address: :3'20 I AJ. /i -II. /1-[./ E. C~/f Be.A-c .f7/ ?-f '32931 Home Phone9'6C>.~2..6S-Work Phone 7~Y(~.7<(E-Mail Cc.eAA/F/'o...v'?.,e.P! ~ e;=L- . /' /'. CO#';j Applicant(s) Narnes(s): D/?t0c/ p6b.o~ro:/ Address; ? -, -n ' .N' A // Atl/€- ~Cc>4 23e~cA TZI ?Z-93/ ../.c.~ / "17. Home Phone tJtD -12.6G'"\^/ork Phone 7133 J2:?fLE-Mail , Signature of Applicant ..~~~.. SUSAN M. QUINN " ~ Notary Publlc. State of Florida Sworn to and subscribed be~ore me on thisdfil!day of ~ {)ue III 1;.Lt Or: CommlssIonExp/resJun 13.2009 ,= ,- CommissIon'DD436151 1--" N~ tJf. 9~<.,<-j ,~ Bonded By National Notary Assn, ,"..,;, ,= 0, '~ Notarj Public, State of Florida ,:;::::. ':J-.. ,_. The completed request form and the $250 filing fee must be filed as follows: Requests for = . 0 Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a .:....1 -,J 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 ....0 co to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after (,,) i= the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92 ) ,~.) /1 , ,-~ PJ ~ .>f.. (oW j ,E ..,... \ t~ \ ~ 01 1129'06 10:50 01925 PLU PLU 2 $250.00 (...11 , . \J -.J -,.J 2 ~., 7 .' ~r.[~.;x \..=::::-' 'I i \1/4-''-''"" U City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The ~~ne~~r~ ?1\lI1=r~=pr=s=I1t~~\T= ~~~ reglli1:eci t() CltteIlcl tl1c= Il1~~tiIlgs ciIld will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City HaIL Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF mE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. /DATE: /6/30 A:>-A I ' /' -_. u. -~._. .._- -.... u,___._, --- -.--.-.....-....... -,.._" __._.' _".." ____,_.._ _ ._. ".__ _.__.__ __..m' _._ _''''''__'Uu _.._... ,_..__ __".".".. _. --.-..--- .--_... u._.._...._......_ u_.u___....,.__...u___ .." ."'__'0 _.....u._ -..".._,._.___._.........._m _ 1. NAME OF APPLICANT(S) ~bbo(~/f~4 fA:::> f)e /' 1/6$ .-TN c-. I ADDRESS (if assigned)3.2.::?/ Ai, /fll.. AvE COGo4 ReAch' 7/ 3zcr3( PHONE # 7g.?~/25i.J- FAX # 7B:S-/2gS E-MAIL ~ . 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: q- JZ -f Lj BLOCK: tj I SUBDIVISION: ,4vc:yv be; -/;4 e. ~4- LOT: / PARCEL: SIZE OF SUBJECT PROPERTY IN ACR?S: p 7/ .( SECTION: :23 TOWNSHIP :< c.j S RANGE 3~ 7 c ~ DESCRIPTION: 7.5 /0 ,..y. /l ~14~ Tre- AvE . 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAlvIPLE, ARTICLE X, SECTION 2) 'see. /10 -S-S6 4. COMPLETE THE A TT ACHED WORKSHEET LN FULL (INCO!'-.1PLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-l, R-2, M-1 ETr\ c-L .I. '-.-.J 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 . ~h - d 1 r1 .? P conve:mencej tratfIC .tlow an contro.! an_ emergency access In case 0. dIe 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 (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)n(l~~.~)(;l??~~:... .. .-.~.- "--...- ..-...-..'--.........-.-.... .-.... .._~- --. ._.._...~ -.......-.-.- - .--.- .-._"... -..-.....-..--...-.-... - - "''''.'--'-'''- (g) Required setbacks and other open space. (h) Height. (i) Landscaping. G) Renewal and/ or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and set~acks, its relationship to land values and any other facts that may be used to measure or detennine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): nt: / .KZ ~?~ d~ c r f-J / 5 r:n ~ 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 request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: '" . -...-..-.-.--.---..---...-..---.-----...-.-....,....---...-.~ - A property map showing properties within the 500 ft. radius, clearly outlining the subject property. - The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject prop~rty. 9. Cornpleted 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: ~"'"1y balance frorn required deposit will be returned to the applicant upon written request !ninus all associated costs. - - . 6 /E:)) l.:" I -/ --- Properties, Inc. JOHN J. KABBOORD, SA. 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 Real Estate Associate N. C. Operations JOHN J. KABBOORD, JR. Attorney, General Counsel 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 property. 6) All 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 approve~ 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. llA{; f IJ /1 I\./'V Iff/WI , - / 3201 North Atlantic Avenue, Cocoa Beach, Florida 32931 · (321) 783-1234. Toll Free 1-866-208-1234. FAX (321~3-1288 North Carolina Operations · 828-293-7474 · Fax 828-293-5075 f~ ~ NELEN · (321) 783-7443 FAX (321) 783-5902 ngineerlng,Inco 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 which 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 :I: 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 :1:50 feet. Please feel free to call if you have any questions or need addition~.1 mfpr~ation. ,,[\ . . . t ,'"" , . ,. ~ I ~ I " f " ~ \ ., ~ \...Y City of Cape Canaveral December 12, 2006 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY QWNER(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 tor a Vehicle Remal Facilitv in the C1-Zonino 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, alock 41., Lots 9-12 and 4, Avon by the Sea. Parcel 10: 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 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 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 Soard of Adjustment at a subsequent scheduled meeting. Since your property may be located within SOO-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 10S POlk Avenue, Cape Canaveral, FL 32920. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise aUowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's omce (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Cieri< ; ~ it, ! i, i ~: I ; ~ I ~ i .?Il!l' ! t"i j i 11 11) f l~ !~!9 !H} 111121f31 U ! f~ ,~, i i i >i' ,!, ' 260.A. I Z ~ ' _... ,HAR~ONAV -cAAV!!R-ST 14 i, !,I'i'i;!';'ii1!'!+i'!;!7i' s, CARVER ST S L9 l~~ ,,2k,[f.lififltii :5 ita! ft; 12 ;lJi 15 !. ~ ' ' ; - ; ~L'r:R ~i.": : ':' ; : i ~; : ; j ~ , J 5;1 r;ll.~!S:S~;jl ~t"G ?OST RO ~u. : ,i 19 :fo:ifl!fJ;Hi1 POLK AV UTCHIEW I , I Ii: 1 ~ '" 1/, :";" II 1 I, TAYl.CR AV I "~~~1~o ( 11 i ~. . i i ' :~"'''I'':'': 1 05 Polk Avenue . POSt Office Box j~O""A"C~pC C.lla\l~ral, FL 32920-0326 Telephone: (321) 868-1220 . SUNCOM: 982-1220 . FA...'\:: (321) 868-1248 /Q'\ www.myt1orida.com/cape . e-mail: ccapecanaveral@cfI.rr.com ~ ~"'"""~""""'5'''A..,..3 ..'A""""H 7 ....,..,..... 6 .""",,.......... .,.."" 18 12 II lO~. 8 , .. 14 j/ ~~N J...V .,' III ili21232Z21211 Z1 .. CARvr' m: 8 TYL<R Avf ffiill 'P.i n ~ 1i7li6~ ~ ~ f ::~ t ; ~""f1 'i !C E4 :i 8 ......;__ OK 1~11rTTJ! , n! ~~[lITIJE~.~ ~AV ~ \ . = @Jill DIJ.. /c19 ~ !IS \. -c { \ ~ ~ (5 94 <";'~:AV E;1, "''-''''' ....... ...~,.,/'/ IIIl ff/ """"'__ ....,,"'~.~~_~._~,)~ C::=-l L=::::J mlW LLL-J FlWlQRllAV mTTITI rnn m ITIIIJJI]:1 L LJIIIlJ -.. rrnrTT17 IflllJ Etilj~, ; -. ~ RJ1i19 F~ 5mi t I r I. oo_~.. , Brevard C.ounty Prope.rty Appraiser: Jim Ford BUFFER DISTANCE: 500 FEE:!' APPLICANT NAME(S)jADDRESS: Based on data from the Properly Appraiser's Office MAP SCALE 1S 1:6000 (one inch = 50D fed) QU1N, SUE - KABBORD PROPERTIES, lNC, I Th' ./ d f d l' LEGEND: tS map was mmpt e rom reCtl1' ed documents and does not reflect an actual su1"llC1J. TIu; Brevard County Board of Cmnmissioners, r;:::l N ['f' [' b ff ' , . I; ',./ I 0 1 lca lOn u er I OWNER NAME(S)j ADDRESS: Propmy Appmser, and.C€ographic fnJiJrm.atwn ServUxs do nol aSS'llme "---..... . . rJ\"7l ~ .1... _. I Tespansibility Jor errors or ommissims cmtained hereon. lL.YJ tarcel/lot boundaries I I I I Produced by: Brevard COUllty Planning & Zoning Office - GiS, November 15, 2006 Numbers on map correspond to mailing list " Proj.ll02 " QSKPm QUpSOO-l.aDJl /61 L-v .. 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-1 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: Enclosed 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, t ~ '~ . 'r7"'c..;~ 6, ~ -7 . /--.-. ~ ames. E. Morgan / "'-f Building Official JEM/sln PRINTED ON RECYCLED PAPER ~ ~ , "",,'j ;Jl!d ~\~r;fi:u [lrcvJru C~I1IY. fl '-_.l_,_ ii: I~;;n:~s <, "r~;'1!I,,!..'.!XL P.ec Fcc \,00 QUITCLAIM DEED :; ':;~ IJ.Z9.:2.Q [;:r.:,cTx__ r "" .______ bl ix v," ,'"c \.."L Refund THIS aUITCLAIM DEED, executed this -11l:J...L.. day or I/U r;~/5 T , 1 ~!J2, by RESOLUTION TRUST CORPORATION, a corporntion exisling under Inws or tho Uniled States, ns COnservator for DUVAL FEDERAL SAVINGS ASSOCIATION, (first pnrty), to KABBOORD PROPERTIES, INC., a Florida corporation, whose mailing nddress is 3.201 N. Atlantic Avenuo, Cocoa Bench, FL 32931 (second party). (Wherever usod herein the terms "first party" nnd "socond party" s/1al/ include si?gulnr and plural, heirs, legnl representativos, and nssigns of individuals, and the successors arId assigns of corporations, wherevor tho 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 hereby acknowledged, doos hereby remise, ralease and quitclaim unto the said second party forever, al/ tho right, title, interest, claim '_,.> nnd demand which tho said first party has in and to the fol/owing described lot, piece or parcel ':"'0 of land, situate, lying and being in the County of Brevard, State of FLORIDA, to wit: .= = C..::J lots- 4,9, 10, 11 and 12, Block 41, AVON-BY-THE-SEA, according to the plat thereof ',"0 <1S recorded in Plat Book 3, P<1ge 7, Public Records of Brevilrd County, Florida. Tax 10 II 2437.23 CG 41 4 ilnd :I TO HAVE AND TO HOLD the sarna together with all and singular tho appurtenances thereunto belonging or in anywise apportaining, and al/ tho ostato, right, litlo, intorest, lien, oquity :llld claim whatsoovor of tho said first party, oithor in law or oquity, to tho only proper use, bono fit and behoof of the said second party forever. ',:J ' I ;'0 IN WITNESS WHEREOF, the said first party has signed and seillad those presents the day ._~ and year first above written. ~~ -,) Signed, sealod and delivered in tho presenco 0(:=:> "n RESOLUTION TRUST CORPORATION, a _ corporation oxisting under laws of tho United (J) States, as Conservator fo: DUVAL FEDERAL :--, SAVINGS ASSOCIATION 0 ) - 7 . \. ~/l IJf V . ", -fL. L-<'" L-'-,/'-'-',/~')_, _ 8. LARRYM' E tjul'rliAl, Address: . GEIG R. ....A~?t.:C rol?, r J:/; UJ {- Et;,(..."1 STATE OF FLORIDA /' 1'/ ~ rc lX-II C::-~-1 COUNTY OF BREVARD . . III L-( . The Joregoll1g Hlstrumenl was acknowlodgod bafore mo this -'C./~' day of llLL.l~L'LT ,1992, by Lan-y I~. Geiqet' , ;lS ^ss t: i rectcaf RESOLUTION TRUST CORPORATION, a corporation existing undor laws at ho United States as Conservator for DUVAL FEDERAL SAVINGS ASSOCIATION, on behalf or the caroralion, who is personaJJy known to mo or,who=haS7produced-:::- ~,idcnliliclllion and who did lake an oath. NOTARY PUBLIC _ / ,~ '. ..). ( ((l t.. l_t'l..._ '--A.l.'L"lll'....L Print namo: Paul~-Tuenet' State 01 Florida <II Lnrgc - My commission expires: PREPARED BY AND RETURN TO: I John J. Kabboord, Jr., Esq. Roinrnan, Harrell, Gr<lharn, Mitcholl & W<lllwoOd, P.A. PAULA TURNER , 775 E M ' I d C jf Nol1lry Public.S~'IO ot Floli<J. . erntt Is an swy." 110 CommluionExpi,osJUN 26.I09~ Merrilt Island, FL 32952 My wMM, CC 121:;00 . _ ~-." v.. . . . . _ . _ . . . _ _ , ........t V/fl~:OEED3:0':Df:i;t) /"'1' ,', ",..,,, "'-I') I ,- n ~\~ J.', ,.'I {. r. ,:; i' [, .~I : () ::1 ( i \ ) ~ 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 Warks Department has reviewed the special exception request and have the following concerns in regards to the washing of vehicles. ~ \!7 MEMORANDUM TO: Ed Gardulski Public Works Director FROM: Jeff Ra tliff 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? rf~ ~ Page 1 of 1 Susan Chapman From: John Cunningham Ucunningham@ccvfd.org] Sent: Wednesday, January 17, 20072:51 PM To: City Hall Chapman, Susan Subject: special Exception 07-03 Todd, We have reviewed the special exception and have the following comments: 1. The trees need to be cut back to 13ft 6in vertical clearance. 2. The street address needs to be changed; it doesn't have access off N. Atlantic. John J. Cunningham Fire Marshal 01/17/2007 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 comments/concerns 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 CANA VERAL 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 rental facility. No additional adverse impacts to adjacent property through the 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) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The Special Exception shall meet all the requirements of the zoning district in which the request is to be located. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Adequate ingress/egress 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 available to the subject site. A building currently eXIsts that will be utilized for the proposed use. Gh) ~ 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? 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 I 1 \ (' , - . ! Y 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 cd) BUILDING OFFICIAL OR DESIGNEE REVIEW 1. _ Zoning Amendment 2. - Variance Contiguous Zoning 3. X Special Exception N Ofth South East West 4. _ Administrative Appeal C-l C-l C-l A-I-A 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-CONFORMITIES NA - STRUCTURES NA - LAND USES NA ~ NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: SignatuTe: ~< 4 G0 El!tn t /l1A /? P f-;( J f f tJ tJ a/lei 5#1/1 F A c ;+ C~Jc-~ /"'\ ~r- (3v' L Pc yf f /l /J J /) I rr-. J 0 3 ~ ~ f:?-?!' ell! 1_'') '-'::J.. -001 . /J 7'11 _.'Jf:-! /' -,,! Ic;lo< I. . Di51!IWJTIOi.J IV\?yor I 1 ' /1 1 fii" Co",,;I T {I.f; (If Lye t/l?1Cl!i~rfi/ J:~.;~%hDi~- //1.~ !3llk\?' AtE- &J)'3d ~}i~5"1J~:fl~~ {' ,;J' ~ ''"', i ,,~1 / ~~ ~ Cjfpe (/l77/AiltIA. rtf/fA J2'1;lrJ II e f / ,~!/Ic'/ jt? )t/0: J A-Ifed;r;;,' kf)lJ1 fI;/l~ - c /r1t!- 0J tkrf ,;C tkJrJ /1)frh~l fo Jt1U ~~J,{Jc(:j ~~ /7ufrw of f(/Iiv heaJ/lj ?u/;ct twille A e jp {JJ} /I/elncsd-v) Jl;l7/ (OJ )tJtJ 1 A-f 7/)0 f /f! - try Hldi /l.h776'/) III /JiK !/fle /} / r::/ f!A 'e (/n)tZ l/erj1L) rL , f ~ f' I / li-/ {;/ 0~ /7 1 / . (Ae tall {lei" U 17e~ oca7 Ul :t/[' //I/.'/$, ! . // I ,// ~ Y 1/.:--'7 !~l.- L~ (L;t LO 11)''-( 0 . t/Ja.5' ;-e tel (fey iJiA /;.y) G /' C/ L/fl .vl l.;'. . 1.' Ai /7/1 f'rz'r'~1I'1 } " J"'..'7'. ?.:/ v // ' .....--:-- '1. ! ,/1 /'? "YI., h I ;Y Cc< / /.1 t ) ; I /J /' ,;? I> i..- n / ~L / / ,.f/; ,/ / ~_ i.../ ~ ,u ~ / -r- -. f"'" ,'j. / ,-r' /;, / /: 1.1 ___ ...-J-- (1.h..t~ /' ' /1 /, ,-r '::;-iJ (J ...(- ::~ e / ./Y :"c/ /V / - I ; }~_' /') /\1 /} (J ! II ......-' v / J ' !i / / .oJ (-'/._ / -. - v - I II; () ,;..- L 1'" ' ; /' L /.' , --7 - -'. . ! < / v J7 il/ ,1 ') / /1 <: { ....~..... J ,/ /1 /(7 U. --1-' ./ /) e c~/ /J I- /\ e c..? j e.) //; L/ I L / -- L/ .-J - Ilj.} /'if ;---r/' ~'".'_ /'\J - - /1 i , v ,( t' I . I.. .. /' /" " / J .' -r//1' hl/ hi / /' ""J ; / ,7 jr_) :.-'l- /' 1// / /-.7 /:/ ;/{) / <., n [~ 'J / Ii, ,"c ~>c./ . ; I ;,;; ,-) , '...1 ~'V / / /,<./ r / I '--~~ , . , ..... / /:./ /; t. _ f/l..> {) I 1/ II v /.." VV.' /;' , I' e / _ '/ // / / ,e;-. Ii / ! - ....-r-,l.. ,.---,. 7 ~ ,'- /' / / I / . f/?, ..../---;;: I / (~l C i ' ! 1''-1 / 77 !) / e- L-{/ /7 I /)'..../ Y,,,,? YJ / /:.....:(../~ I l c /ll' i I 'I ~ ( I ,.- , / I / c//''- ~ J' ;' I . . I v - ;' - I j./ ;' 5'/:;-- / c-f f) i~/ /e S {/ II /7 /'0 ( 5' c..?- ./J_ 2. ,: if ' f' 00 ( /1;\) \..~_L~)Y @ --fj~ (A,7P6 Clint:A: I~eh! I C()/"'~ of /'Jp /)//ii/~- -- () v -' r _ ~ ,a ~ ,VI \. ,1/> (; ,A///r:;D 207J/?J jJ7(//?(-h~~j )eG;;~ //0 -339"/:S) / --h I ~/L i p r' roll'er-fi --- nif /'i:/ / /1/ - 2 (/ - :: /I; /-" / v r h ~ f J v ~ --- 'T w -~::: (! G- 000 'f I ' C7 -" 0007-00 - 7s / () /i 1/1- L/ln-hc AI/e- c/O(G CAna (/g;.d'; Fl. 32lA IJ"-r/;, -f~(/~ 5(eClAL C:C:YCrPcrv . jJ .0" L A/O, 07- 03 - I ~ hv-f /4/alJf fet((/L/5/ jVl J .' - /' ' i ~ cL hj/~/o ;fe>>f/Vi _ &c/L,ii /71 -it ,y:,Cl !/7~ I J ' ,lJ I I, l r;..-- ---.--,--, j '/ ,I. ~ . I" L /nU /ro;?-trrl- 1 / 0 /J);-O)(; Jr'/_ L 1tJ, '1' .(f J I h>~/;? ,C/ ~_____ ,~ /J "..-;, Vi I, ,- eLf/ .?__-- I[-----J---, J ~ I.. <Jj '/;/), /~ 0 t/'L- / Ii.-" , ),~;y____ _~__ ' v - , /1 /l --r 0' - / / L.} ~ _______ ! /? L/L. ~{/ / ---r- . J / {?rp.-t?v~' -, / j/J/ LL-- ~ '- " ' I;, I( < I ~ IYJ I-j e tl)/e<< .-/ ',' I, -1-/ a r. j;r-tJ~rr 1 , - / / //' y-O 1 ~ T I j /"U/' ~ 00, ' ' ! ~ "'110 ?'i! "'1'2" L ,q () ?tJ?/))) {/L '1, /,1-;-1 1,/.'/./":; j /r L- f/ ,- I /1 ' '/YJ '-i I! ' ' ::en ?t-Ja/ h7/1 J, J, . I; If' "~ !-t>:/ r' /e{~,IAi I '/ ;...-vl ,:5/ /-;( e r{v 'jL- I ' _ /1// c.-(.-/// ,Ii , / /(Iv !--- L- ''---.--- " -r / ,) I ~ y; v / Ii 10, () / r ();3 , / ' (f'/J ,,-, L v ,~ /)yl - rl eX/,") / v ' --', I lee- L-/l eel; " /- ' '-, / ,- , .,/ / ' ' . '" '1)--' ':j-' IJe (1(/v> r . /.~?J ,1 -Ii 2- (" /./ fLY . 0 ri--? rc//]) / ;, 1- f'1 ---f {{" /-'/7 f J. " 1/ I,.J-----' (( - - I, /7 '/ I ~ ' 1'- , ,,"--J ! ........ _ ~I (~ _ ~ - / I I ii, - /././'- ' " ,," ", '-'7 ;/A,)j / - , ' , " -r- / ,~ ,-J ,/) ,/I,:}//I 1-'../ / ,'_' ' , r- " ./. I !)~' / I," v c.-- ,{ I / , ' ,/ ,. ,1,,/' '1/'/ / 11/ '_(.[.r,' ! [,' '_/ - ~- ,~ c- / ' . t' ~-!-. :/ ' (/,12' ' U,- .', ,/' ~i '/,1 I J:.--' - /; /1, J /II ,Ii // / .' j / ' , , I rl ," ,- ' /, " _' ' "'-' .. j _ i ~ -, 1 " " hI if fj "/,,, / Y:;.,- 1// r-/ --It)!/ /Vj / /Yl)()// r?." v /.7 ) --'0"7' ,j1 ./ r~,r '-' I ,..--, / ( - l ../ ,-") /\0,/11 I,~ ~/ /. I 1,;-/ L-0 - ",- ..' --------- t/l/J. I -. -' 1/ . ~I"j- ......' ~ ' f I " if . ./ / /1! /- ._/ ;/J .---- 1.-> ,(., '-/ /V / -r'> cL. - / /7 /7 /' IC---" ./ ~~ (}) (11 y f IV rer+; (P 2- if 3 7 2- ~ I' . .. ?./ C cr i/ / }J v 0/7 ty fie- )&~ ~ iy? /1 ?J tV c! . ~ ~ / v(/t~rft . iof5 /) ?I 3) .~LI( Lf<;- /~> !/c; e;;5t~ p /_ aYJ/ . -;:; Jr7 wNh1. /b I J"u -)(). ;:r; 77ft:< '/ h ,.v~~f::__/f/~I3:. j;n -r;; 0 ~~(!IE'.3 .--::.::- ttJ ~e ~;L.: IN tJ r j; J7; n, /It) )t7i? /fi7~i:j y; . ) vi {~'l 11/0 Ii A y; -r,';Y) /J 'i 7/~ju ;? /11 II I ,cLz /I I!A r &JJa 111!I?t! Fi jlye, )' I 0a17 i 10 C0 ;' ! ;' i'oJ-- t.-){//t' {' () (<2 ,/; . __I 0 1'/1- ///1, /' /' _ ,1 7/JJc;at1 puf5j 7 / I fij/ /7 A "il ~/ ~ / L(~/(i , /f/ / L- ' _'/'/) Ii..' I 'I /;/ /l ~ ,-" I ' .' '-' V :.?--t'/-, (i[) --"-'.-..-. ___...._M ___ _'__ _.""_ ''''-.. 01/2 -003 r;;r;~:/Fi'.';,!1I:;,t~--1 f-(';:v-cr. , ;:'cT-T "--/ To the Planning and Zoning Committe [e;;" ",;? ' 'L:l Cape Cana~eral FL I U" "<to. ! , . ' , 1< - M~i;?}E1J We are writing to you to request that you reject the special el<ceptionrequest nJ1J7Qfteit1?1 for a Vehicre'Reirta!Facility m the Cl-ZoilliigDi'strict. T1ris is for the lots at the comer of Polk and AlA. Most of these lots extend along Polk A venue which is a highly residential Mea and .l.u <mn:tmununily ""'"..nrn,~ often play. There is the library, a park as weU as city and community offices and a recreation area all on Polk or nearby_ This is in addition to residences. ..... - ___.....M... This would cause problems fur residents and children playing in the area, be unsafe and also an eye-sore to the one community focused area that Cape Canaveral has. Sincerely, ~ 1~lkAve, Cape Canaveral ::l ~ Larry ~~, "661'dkA><e, C"f'e ('0"""<<01 '_ ~ ^AI/' ' en S . ';'ahan~ 246 Tyler Ave, Cape Canave[aJ -, t.~ ~we, 246 Tyler Ave, Cape Canaveral .. .,., ,-,prv 0[,' c/\pg C/\N/\VgR/\T~, pT ''':t;D/\ D/\'l'E PILl':O /2-/7-C(Z. *PEE P/\ID\l~OOOl)lbl REQUI':S'r NO. 92-011 J? ~ cJl~ RECEIVED 13Y (J tVI *100.00 Piling Pee is non-refundable. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - REQuES'r l~OR: / SPI~CI/\I. EXCEP'!'ION V/\IU/\NCg RE ?ONING /\DMINIS'rrl/\'l'IVR APPE/\L /\pplicants for rezoning must defray all costs, per Section G45.37. - - - - .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LRG/\I. DESCRIPTION OP PROPERTY: 1.01'f /1 AV(T>4 BY LQ'!'q-lJ.p/i,)'" BLOCK ...;/ SUI3.DIV.-r-k~ SEc...23 TWP. 27t5 RGIL 37(; STREET /\DDRESS on PIIYSIC/\L LOC/\'l'ION 73""/0 ,N. Af. !A;u-ht". I1vE N/\TURE OP REQUEST (Insure that the specific Sections of the Zoning Ordinance that allow and support your request are noted. /\ttach separate sheet of paper if necessary.) tJ~ /;~ u...Je-;e. &5ec::6iM... 637, 5'"1 K ~ /f ~ A ?ew/~ "/c6 ,?V".,tL CIt~..- ST/\TEMENT OF P/\CT: State of Florida, County of Brevard; I, ~J kAbLoorJ , Being first duly sworn, depose and say that: ~ I am the owner. ____ I am the owner's designated agent. Owner I s Name :DAvid )(~bo~,ecl .J b660Z)~J Ilter-f)es J;;<=. Address '3;;201 N. Ati.AvE. C2,Cott 1aeAc-ff Zip 3'.2'131 lIome Phone No. 783- 4/01/ Ousiness Phone No. 7B"3-/;;z.3Cj-- /\ppl icant I s Name (i f not owne t-) Same as Above /\ddre'ss Zip Home Phone No. . Business Phone No. /\11 information contained in this request, and all sketches and data made a part hereof, are honest and true to the best of my knowledge and belief. - .. ,. 'b" f f2L r:iLL 0worn LO ana sunseri ed be'ore metJ( F this .:J/'jl day of 7J-eC'..f'rn};,gy , 19 q1.- . I ' ~F.. .......~ JANEl E. FE~ , . NO.TARI' My Comm Exp.Sii, ure of Applicant /l r!. vi ) ~ PUBLIC ;f Sonded By Service Ins Co. ~i /G>:/\. TPA kl A 7;.... _,,~ No, CC199896 . li?tary Pub~ ~~- St;te of l"l~~/ 1fou:~~Koooo1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - = = = ~ The completed request form and the $100.00 filing fee must be filed as [allows: Request for Variances & Special P.xcepti6ns, 1'1 days prior to the Plann Ing & y.on Ing Board meet ing i request for rezon ing, 30 days pr ior to the Planning & ~oning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning and Zoning Doard. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOR CIT~ USE ONLY Not ice of Publ ie Ilear ing Publ ished in Newspaper, on ;::fllmW:u.y~.b, 19q3 "1 t..' J l' _ A 1 ..,..' -' r' .. . -' .... '~^ ;~~~ l~: ;~~s ~~~1- ~~<l~~l~~t'i~ r ~~~ ~~C!o~?lJ ,eif <JOnj[cnUflIi8 ~ iCh3 Notice posted on subject property on ax elf ~ Property owners within 500 feet notified on 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Rev. 0- n.fJ ' ........... . ..~., .,{ . 92-08 REQUEST NO. -------------------------------------------------------------------------------- " BUILDING OFFICIAL ENDORSEMENT North South East West 1. Zoning Amendment Continuous Zoning (Sec. 647) - - - - 2. Variance Continuous Zoning (Sec. 645.25) - - - - 3. Special Exception Continuous Uses C-I C-I C~I C!- ) ( Sec. 645.21/23) 4. Administrative Appeal See Attached Statement. (Sec. 645.19) Date interpretation given to applicant: /;:<- ;z/- 92- ~ -------------------------------------------------------------------------------- CONSIDERATIONS SETBACKS ZONING % LOT LOT ff O~' UNIT DENSITY BLDG. Applicable Data F R S S/ST. COVER. SIZE UNITS SIZE PER ACRE HEIGHT Zone Standard Requested Difference -------------------------------------------------------------------------------- ADDITIONAL REFERENCES Zoning Applicable This Request Ord. Sec. Yes No SUBJECT Parking 641. 0 1 - - Loading Zones 641.03 - - Setbacks (Ridgewood-AIA-Astronaut) 641. 17 - - Landscaping 641. 43 - - Non-Conforming \ Structures 643.05 - - Land & Uses 643.07 - - Note: The Planning and Zoning Board should also review Section 645.23 (J) . -------------------------------------------------------------------------------- COMMENTS f'X~~ b~ ,- ?~7~ f ~~~ ~ '--' . t r Date /;2- :J,J - 9'2- ~< ~ B ilding Official Rev. 4-91 , 1\.1~'-VI.II.II.'.I'fI.J''\',.l \.11'1':> \.Jr l",I\I'"'' , '." I\NlJ l.tJNIN\; lllJl\HI) HI"qUI~S'l' NO. cfi:"-0'n - .- 1. A Public nearing was held on J(1t]l>Q(~ 13, Iqq3 at 1,'36 PM, . (date (time) 2. Action taken: V Recommend approval. Recommend disapproval. Request postponed. Request tabled until at . (date) (time) Request returned to applicant for additional information. Request withdrawn by applicant. 3. The factual basis upon which the Planning & Zoning l30ard decision was rendered is as follows (reference 645.25 for Variances; 645.21 and 645.23 for Special Exceptions; and 645.19 for Administrative Review): -I1tfw~^cJ. ~.e~J ~J Au.eJ t9-1V ~37. 51 II.. ~ :/ M.A:tA--fA aM. tt.-~d. WM ~d ;t; .-tc. Mtl-~'J- ~tttJ-& ffid~ ~kff ~. ~ai JAJa<1 ~rJ ~ ~' ~~ adR-1:-;1z d1~rr- .~kl:L ~ r<J~ M~ ~ ~ a eM tJ~, . t< ,() . . , Date r /3, /11 '<, ;{! rX ;f~ I Chairman, Planning & Zoning Doard ~ n nn ACTION DY ZONING nOAR' ~..... ADJUSTMRN'P -'QUES'l' NO. q is- - CB 1. A Public nearing was held on z! y Lq 3 at 7 ~ ?-o fvv'- . (da e) (time) 2. Action taken: ~ Request approved. Request denied. Request postponed. Request tabled until at . (date) (time) Request returned to Planning and Zoning Doard. Request returned to applicant for additional information. Request withdrawn by applicant. 3. The factual basis upon which the Zoning Doa rd of Adjustment decision was rendered is as follows (reference 645.25 for Variances; 645-.21 and 645.23 for Special Exception; and 645.19 for Administrative Review) . In granting any Special Exception or Va r iance , the Zoning Doard of Adjust- ment may prescribe appropriate conditions and safeguards in conformity with Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which Special Exception or Variance is granted, shall be deemed to be a violation of this Ordinance and punish- able as provided therein. Atfrove-d UJ,k ~f;puJ cdl ~ M~ -ftt e-y- e will t.?e Yto , av.t-o . Ch---d V1.b vetueJ '('. ~.J.eS . Yv\ ~J &-( -re.pa-t.rs , t r Date -Z/P03 ~~/ ~M /-c-=-., , Chairman, ZonIng Ooard of Adjustment (r -', \ _.J I ) I Ji '/ Rev. 8-89 ~ tr"""""ff /i<"'~'~ ;' t:~.. .#,#~ " (ABBOORD / 1\:::/:'"' '.' . }.... . A~ ''" " Properties, Inc. JOHN J. KABBOORD. SA. JOHN J. KABBOORD JA. Chairman Attorney, General Counsel DAVID W. KABBOORD MARK D. KABBOORD President Vice President, Real Estate Real Estate Broker Broker, Contractor and Contractor Corporate Pilot WilLIAM J. KABBOORD Vice President Realtor Associate FACSIMILE TRANSMISSION COVER SHEET DATE: ;;2 -q -Cf3 FROM: :i)Av,~ t.J k,d6oa42JJ. FA]( PHONE NO. (407) 784-1055 PLEASE DELIVER THIS FACSIMILE TRANSMISSION TO: ~VJ1.;hl /lief) I 707 7- O;23D TOTAL NUMBER OF PAGES TRANSMITTED (INCLUDING THIS COVER) ~ it you do not receive all of the pages, please call sender or fax a reply to the sender's attention, and we will re- transmit. Thank you. 3201 North Atlantic Avenue, Cocoa Beach. Florida 329:11 .. (4n7\ 7R"t_1?':ld . ~llY. 1,..,()7\ 70A ""lC::C:: .. '" City of Cape Canaveral Certified No. P 597 181 830 BOARD OF ADJUSTMENTS FINDINGS OF FACT CONCLUSION OF LAW ORDER REQUEST NUMBER: 96-02 RE: Special Exception Request No. 96-02 to Allow New and Used Auto Sales at (7510 North Atlantic Avenue) - Petitioner was David Kabboord, Kabboord Properties, Inc. The Board of Adjustment of the City of Cape Canaveral has heard information pertaining to the request at the Board of Adjustment meeting held the 25th day of March, 1996, and based on the information provided, the Board of Adjustment has entered the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER. FINDINGS OF FACT David Kabboord is the owner of the real property described in the Petition. The property is located in the C-1 zoning classification and is subject to the Land Development Regulations pert.aining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan; is consistent with the intent of the C-I zoning district; this request does not create any adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or storm water runoff that would not have been created had the property been developed for a principal use permitted in the C-l zoning district; no unusual police, fire or emergency services would be required; all the requirements of the zoning district are met with the special exception. CONCLUSION OF LAW That the Board of Adjustment has lawful power and authority to grant special exceptions under speci:11 conditions and circumstances as set forth in Section 110-334, Paragraphs (A-E) of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. 105 POLK A VENUE · POST OFFICE BOX 326 . CAPE CANA VERAL, FL 32920-0326 TELEPHONE !407} 868-1200 ~ FAX (407) 799-3170 . . ~ ~ BOARD OF ADJUSTMENT . .FINDINGS OF FACT CONCLUSION OF LAW ORDER SPECIAL EXCEPTION REQUEST NO. 96-02 MARCH 25, 1996 ORDER David Kabboord is granted the special exception subject to the following limitations, restrictions and conditions: A maximum of four (4) vehicles shall be displayed for sale when there does not exist a leasing operation. Said special exception shall expire 18 months after discontinuation of use. Should there be a violation to any part of this Order,. the special exception may be revoked in accordance with applicable laws and the City Code. DONE AND ORDERED this 25th day of March, 1996 at Cape Canaveral, Brevard County, Florida. BOARD OF ADJUSTMENT CITY OF CAPE CANAVERAL, FLORIDA BY: ~ 4~~ , Ann Thurm, Chairman I hereby certify that a true and correct copy of this document has been furnished to the petitioner(s) on this 29th day of March, 1996. ~ I 0~ BY:~qrn L. ~o,.pnu.uJ Susan L. Chapman, Secretary , ~ 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-1 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: Enclosed 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, }. c: ~ . ~?L;:;~ r::S, - --r ~ f-z-.----. Carnes E. Morgan I Building Official JEM/sln ~._" PRINTED ON RECYCLED PAPER ~I -)I i -- [ Meeting Type: Planning and Zoning Board Meeting Date: 1/24/07 AGENDA Heading Extension of Special Exception 05- I 4 Item # ; No. AGENDA REPORT PLANNING & ZONING THE CITY OF CAPE CANAVERAL SUBJECT: Extension Request of Special Exception 05-14 to allow residential use in the Commercial C-I zoning district. DEPT./DIVISION: Building Department Requested Action: Consider a request for extension of special exception 05-14 to allow residential in the Commercial C-I zoning district. Per City Code 110-32, an extension of 12 months may be granted to an applicant if they can show good cause for the delay. Summary Explanation & Background: The applicant is Mr. And Mrs. Craig Stewart, they received a special exception on January 23rd 2006, and are requesting an extension pursuant to the City Code 110-32. Mr. Stewart is citing the residential market conditions as the primary reason for the delay in proceeding with the development. This request is for another 12 months. I E '"b"" """ b " """ .... ." ".-.. #3 BOA M" #4 BOA L 10 d # C d I XUI lIS fumc eo: tf I Leners at request tor the extenSIOn, #2 P&Z mmutes, mutes, ega r er, 5 0 e Section I 10-32. City Planner's Office Department: Building Department I I ll( VY1:#- L/ .r;") _' l. \....:......-/ ('.. From: Craig S & Mary C Stewart 01 J '2. - 002- 300 Columbia DR #3301 -........._~...._..----_.-----.... Disri;:,i!-:'!)TIC),\J i Cape Canaveral, FL 32920 --- --'J !~~):5!.!__ ~~H~c'Ef ", "'r,' ~ r:~l~~~:tty~:=~'~'__:. ~..u,) \!"';r~f(, Di'" I I To: The City of Cape Canaveral I \ ~r':~sl~~~~fP:~:r:lj ~-~Lzj 105 Polk A V ~ '?.- -",-. Cape Canaveral, FL 32920 Ref: Special Exception No. 05-14 To whom it may concern; In accordance with City Code Section 110-48 we hereby request an extension of the special exception which was granted by the Board of Adjustment on January 23rd, 2006. It has taken us longer than expected to get the project underway as we are attempting to keep the number of units on the land as low as possible. This has proven a time consuming challenge given the complete stoppage in the residential real estate market. ~?C.~ Mary Stewart ,-~" t-..\ ~/ -..:::::/ ~~ PLANNING & ZONING BOARD MEETING MINUTES DECEMBER. 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on December 14,2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Jr: Jf , Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson 1 st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tern Jim Morgan Council Member Leo Nicholas Council Member Todd Morley Building. Official Jeff Ratliff Public Works Representative NEW BUSINESS: 1. Approval of Meetinq Minutes: November 30,2005. Motion by Lamar Russell, seconded by Bea McNeely to approve the meeting minutes of November 30,2005, as corrected. Vote on the motion carried unanimously. 2. Recommendation to the City Council: Utility Easement Aqreement - Villa Campania - Jeff Ratliff, Public Works Representative. Jeff Ratliff, Public Works representative, gave an overview of the 25 ft. utility easement for a City sewer line, which would connect to the existing easement on Holman Road. Ray Osborne, citizen, questioned if the development was already approved. Todd Peetz, City Planner, responded that the site plan was under staff review. He explained that the sewer line will be on private property that services that particular project, and would not impact the neighboring properties. Motion by Lamar Russell, seconded by Bea McNeely to iecornrnend approval of the utility easement to City Council. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adiustment: Special Exception Request No, 05-14 to Allow Residential Use in the Commercial Zoninq District, Section 14, Township 24 South, Ranqe 37 East, Part of Lots A & S, also known as 24-37-14- 28-00000.0000A.10, A.25, A26, and A.27 - Teutons Subdivision - (Oak Lane) _ Craiq and Mary' Stewart, Petitioners. . ~ (if I Planning & Zoning Board Meeting Minutes December 14, 2005 Page 2 Todd Peetz, City Planner, gave an overview of the special exception request. He advised that the proposed project is located ,on the south side of Oak Lane, behind the Circle K; the property has an existing special exception for a single family residence and the applicant was proposing a new special exception for ten residential units; the property abuts the Ocean Gardens subdivision to the north, commercial to the east, vacant commercial to the north and west. Mr. Peetz verified that he prepared the check list and it was correct. The Board members reviewed the submittal packet. Discussion followed regarding: access, zoning, density, zoning uses, and affordable housing. Craig Stewart, Petitioner, testified that his family plans changed since the previous special exception was granted; he also owns property on Ocean Garden Lane; he plans to construct lower than the maximum density allowed by the city code; the townhouse units and lots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he confirmed the road is only semi-paved and ~e has a signed statement from the Mayor that the road will be paved in 2006; he verified that the city owns the road; he was proposing to build ten townhouse units; each property will sell for approximately $400,000. Brief discussion followed. The Board members verified that this property is not affected by the existing moratorium. Todd Peetz, City Planner, depicted properties that currently have residential uses around this property, and advised that Mr. Stewart was proposing less than ten units per acre, which is consistent with the average throughout the city. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-14 to the Board of Adjustment. Vote on the motion carried unanimously. 4. Recommendation to the City Council: Site Plan for Canaveral Bulk Terminal _ Randv Mav. Applicant. Todd Peetz, City Planner, advised that at the Board's request, the site plan was updated. He advised that the Fire department reviewed the site plan and did not have any comments; and the Unity of Title Agreement was submitted by the applicant and forwarded to the City Attorney. He gave an overview of the submitted landscape plan. The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a site plan was required. Todd Peetz, City Planner, responded that a site plan is required for structures over 850 square feet. He explained that the conveyor system will be significantly impacting the property and existing aggregate piles. Randy May, applicant, advised that the aggregate piies consisted of pumice, granite, and lime rock. rlt1r. Campbell, citizen, voiced his concern that the granted special exceptions were granting more than just storage of aggregate. He stated that the intent of the special exception was storage of aggregate as a subordinate use of the property, but the storage has instead become the principal use of the property. He read an excerpt from a Canaveral Port ,Ll,uthority magazine iegarding the project. He voiced his opinion that this business operation was actually a bulk terminal. Mr. Campbell discussed the special exceptions that were granted to this property in 2002. 1 ;(T, ! ! ~' City of Cape Canaveral Board of Adjustment Meeting Minutes January 23, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 26, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance McKone, Chairperson, called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: , Constance McKone Chairperson Paula Collins Vice Chairperson Robert Laws Earl McMillin Catherine Barnes OTHERS PRESENT:------ ....-.. ...--------- - --..-... "-. -- "---'.--..- ....,.-.-_._____~,......_. ...n_._u....._.__._ __._.__._._.._._...___._.._______ Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem Leo Nicholas Council Member Bea McNeely Ex-Officio Member Connie McKone, Chairperson, welcomed Catherine Barnes as a new Board member; and welcomed Earl McMillin back to the Board. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. Connie McKone, Chairperson, asked the Assistant City Attorney if the Chairperson was allowed to make motion. Kate Latorre, Assistant City Attorney, replied that the Chairperson can make motions. NEW BUSINESS 1. Motion to Approve the Meetinq Minutes of November 14, 2005. Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of November 14, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No. 05-14 to Allow Residential Use in the Commercial Zoninq District. Section 14, Township 24 South. Ranoe 37 East. Part of Lots A & B, also known as 24-37-14-28-00000.0000A.10. A.25. A.26, and A.27 - Teutons Subdivision - (Oak Lane) - Craiq and Mary Stewart, Petitioners. Craig Stewart, Petitioner, testified that he was requesting a special exception to build residential in the commercial zoning district; the property is basically surrounded by residential; he wanted to build duplexes similar to the Ocean Gardens Subdivision; he was requesting less density than what is rE;lquired by code; he would save as many existing trees as possible; and explained changes in his famiiy plans to develop the property since the previous special exception '.,vas granted to construct only one unit. (~' is) ~/ Board of Adjustment Meeting Minutes January 23, 2006 Page 2 Chairperson McKone questioned if the road was built to City standards. Todd Peetz, City Planner, explained that the road would need to be brought up to City standards. He noted that the Public Works Director had no comments or concerns regarding the road. He advised that the road will be reviewed during the site plan review. Craig Stewart advised that public works has installed substandard type material already. He further advised that there is existing sewer, electrical, and cable; and the water lines should be installed before the road is paved. He advised that he intended to build only 10 units, and planned to sell the lots and let someone else build. Earl McMillan advised legal counsel that that Board can not limit the number of units than what the code allows. Kate Latorre, Assistant City Attorney, responded that the Board would be remiss to allow fewer units than what the code requires. However, the Board may impose reasonable conditions. Earl McMillin rebutted that according to the City Attorney, limiting the ... ......... ........numberofL{nits.Tsnofreas.onabre... Todd Peefi;.CiW pr~inn.ef;advise.d thanhefe"aYe.""...".. ......-- special exceptions that have been granted for a limited number of units. Craig Stewart, Petitioner, reiterated that he was only asking for 10 residential units to be approved. Kate Latorre read a portion of the City Attorney's letter, dated April, 2004, regarding establishing reasonable conditions of approval. She noted that if limiting the number of units will reduce a substantial impact, then the Board could grant a request limiting the number of units. Ray Osborne, citizen, questioned if the Board could grant approval for a single family residence in the commercial zone. Earl McMillin responded yes, the Board could and they have in the past. Ray Osborne advised that he was opposed to this special exception because this development was not good for the area. Craig Stewart rebutted that the proposed project will be similar to Ocean Gardens and Lindsey Court, which are beautiful. He stated that he does not want to build 15 units, which is allowed by code, he was only asking approval for 10 units. Ray Osborne read a letter into the record. He voiced his opinion that this request did not comply with Comprehensive Plan Section H- 9.3, and LU-5. He commented that the project is not in the best interest of the City and would not be affordable. Earl McMillin read a portion of a letter from the City Planner stating that the City should promote single family. Todd Peetz responded that the City has zoning available for single family. He noted that there was a City workshop meeting scheduled for January 31, 2006 regarding residential use in the commercial zone, and invited all Board members and the audience to attend. Robert Laws stated for the record that he loves Cape Canaveral. Bea McNeely, ex-officio member, pointed out that this request is to change the use of the land; the zoning will stay the same. Discussion followed. Motion by Robert Laws, seconded by Catherine Barnes, to grant Special Exception Request No. 05-14. Discussion followed. Chairperson McKone advised that the Board acts and adheres to the codes that are given to the Board. The Board applies the rules that are alfowed by the Code. Voicing personal opinions is not their job. Ray Osborne commented that there are community values that the Board can act on. Earl McMillin advised that he had attended the December Planning & Zoning Board meeting, where he learned that the City has 8.8 acres of commercial per thousand people; it should have 12.5 acres of commercial. Todd Peetz responded that the information was based on 1999 statistics, and the city has added commercial acreage since then. Board of Adjustment Meeting Minutes January 23, 2006 Page 3 Catherine Barnes moved to amend the main motion to limit the Special Exception to 10 units, as requested by the petitioner. The amendment was seconded by Earl McMillin. Discussion followed. Vote on the amendment carried by majority vote with members voting as follows: Catherine Barnes, for; Paul Collins, for; Robert Laws, for; Connie McKone, for; Earl McMillin, against. Vote on the main motion carried by majority vote with members voting as follows: Catherine Barnes, for; Paula Collins, for; Robert Laws, for; Connie McKone, against; Earl McMillin, against. 3. Election of Chairperson and Vice Chairperson. Robert Laws nominated Earl McMillin as Chairperson. Earl McMillin nominated Connie McKo-ne-EfsCn-aTfperson~--Co-fi-nie- McKone seconded the-nomlnatiofi- for Earl McMillifi-as--- U~_ Chairperson. Robert Laws moved to close nominations. Earl McMillin nominated Connie McKone as Vice Chairperson. Robert Laws moved to close nominations. Earl McMillin was elected as Chairperson, and Connie McKone was elected as Vice Chairperson. OPEN DISCUSSION Ray Osborne asked the Assistant City Attorney what the procedures were for filing an appeal to the appellate court. Kate Latorre directed him to City Ordinance No. 11-2005, amending Chapter 110. She advised that appeal procedures were provided in Section 110-33. There being no further business the meeting was adjourned at 8:35 p.m. Approved this r~3"-\-'h day of r~br~Qfcr- ,2006. ,~ 77l:!.~~ Connie McKone, Chairperson "<- City of Cape Canaveral February 1, 2006 Craig S. and MaryG Stewart 300 Columbia Drive # 3301 Cape Canaveral, FL 32920 RE: Special Exception Request No. 05-14 to Allow Residential Use in the Commercial Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A &B, also known as 24-37-14-28-00000.0000A10, A25, A26, and A27 - Teutons Subdivision - (Oak Lane) - Craig and Mary Stewart, Petitioners. Dear Petitioner(s): The Board of Adjustment of the Gty of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 23rd day of January, 2006. Based on the testimony and information provided, the Board of Adjustment has granted your request to allow residential use in the G 1 zoning district at the above referenced location, with the following condition: . The special exception is limited to (10) units. As per City Code Section 110-48, Any special exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or othervvise ceases to ey;c;t for a period of 18 consecutive months. }.s used hereltl, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, (/ ~ ;:.::4 /~?/it? -' t/)r'}-; 4]J<:'cC~.' ? /t: ~ Omstance B. McKone Chairperson 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 e FAX: (321) 868-1247 \vww.myHorida.com/cape . email: ccapecanaveral@cfl.rr.com 0) TLG 0,\ 11C1.5 of at ka5t 75 1-'Gl ,-GIlt oftllG 1-'10pGl t} dGSC1~bed ill the a1-'J:lEcatioll. (2) TCll2l.tlt.5, iliith thG 0"llGl5' 5\\01ll COu5,-,nt. (.:3 ) DuI) autho1~z,-,d agGllts G\ ~d""nccd b) a \\1~tte1l POI' (l of att01uG). (4) The c~t) cOlliiCi1. (5) TIle ./-JI2l.tliliug 2l.tld 201~llg boeud:-- (C) A dcpartlll(nt 01 agGIlG} of the city. Sec. 110-32. Becisions. Ex iration of variance or s ecial exce tion' abandonment. ~ :: c~~; e~:~~ ~~;;~: =: ~~ li:~~d i~: ~~ ~~e :~~ u~~;;:~':t ~:,;' :,~~ : ~;~c~~ ~;:~~:: ~::'~~;:~~:;:~r:~,tl~~t~~~::~~~:, ~~?~~~~~~{~~;~d ~1,1~;~,:~:~(,'u~~~',:~:~~:;;,c~:~ ~ ~~.~: o,~ ~;)~;~::" ~~::~:, :to~~ ~:~::~~ ~ :'~~ ~~:' ~:'~ ;' ~ jl:; ~ ~]] ~~ ~!~ 1'0 ~ c" of the b~~;: ~~ ~;l: ~'~ ~~~: : ;,v 11: t::~ ~pea! Wd5ta e. 1 ,0, ,] to: . .0 ">1, " e; ~ ~ ~ ~~:: 01 oj) uS t,;, "xU,a,] be heeC" O.'y tt" 0, e, 5c any vi Je, , ,cq Oll ell, On t, dec ",011 0, Jcte", j 1 j' . buildiug offic;a17 City of Cape Canaveral Ordinance No. 11-2005 Page 9 of 27 Meeting Type: Planning & Zoning Meeting Date: 0 I /24/07 AGENDA Heading Discussion Item #5 No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion Ordianance on Liquefied Petroleum Storage and Repealing Fire Districts DEPT./DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance on liquefied petroleum storage and repealing fire districts. Summary Explanation & Background: 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 known, 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 ofthe report occurring in open discussion. It would seem that the use and storage should continue to occur with limitations. Direction to staff was to prepare and ordinance that does provide for limitation ofliquefied petroleum products. Exhibits Attached: I #1 Proposed Ordinance, #2 Comments from the Fire Department Planning Official's Office Department {J ~_ -i2 lv, WORKING DRAFT January 17,2007 ORDINANCE NO. 01-2007 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;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M-l LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 110-485 TO LIMIT THE STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER PARCEL OF LAND; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. vrn of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the storage of liguified 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 citizens and staff; and WHEREAS, the City has certain safety concerns regarding the storage and distribution of liguified petroleum gas within the City; and WHEREAS, the City Code currently allows by special exception storage of liquified petroleum products in the M-1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City's Fire Chief has provided extensive information at Planning and Zoning Board meetings evidencing that the storage of liquified petroleum is heavily regulated by both state and national fire safety codes which address proper location and volume of liquified petroleum tanks and other concerns of the City and its citizens; and WHEREAS, the City desires to repeal the special exception for the storage of Iiquified City of Cape Canaveral Ordinance No. 18-2006 Page 1 of7 WORKING DRAFT January 17, 2007 petroleum in the M -1 zoning district and leave regulation of the same the state and national fire safety codes already in place; and WHEREAS, the City instead desires to generally limit the maximum amount of liquified petroleum gas that may be stored in the City for distribution purposes to a total of 1000 gallons per parcel of land; and WHEREAS, the City desires to repeal the term "fire district" from its zoning regulations as the term is antiquated and no longer practical as used in the City's zoning regulations; 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 strikeout 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. *** Fi, e .list, id includes that teHItol)' 01 alea e01l$lstIng of. City of Cape Canaveral Ordinance No. 01-2007 Page 2 of 7 /~'. I." , t2/ -. /' WORKING DRAFT January 17,2007 (1) TiVO 01 mOK adjoinin~ bloch, exdusive of inte1venin~ streets, iVhGle at !Gast 50 poeeht of the ~LOund aKa is built upon and mOle than 50 puecnt of the bu~lt on alea is devoted to ~iOUp S oecupahCY 01 ~LOup II occupancy as defined in the Standald Duilding €ode:- (2) \Vhele fOUL conti~uous bloch 01 morc comp1ise a file district, thuc shall be a buffu zone, as detumined by the file mdlshal, of up to 200 fcet aiOund the pe1imctGl of such dist1kt. Streets, 1i~ht:5-of-wa'y and othu open spaces not subject to buildin~ constl uction inay be included in the buffu zone. *** Liquified vetroleum f!as (LPG) means any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following: hydrocarbons. either bv themselves or as mixtures: propane. propylene. butane (normal butane or isobutane). and butylenes. *** ARTICLE VII. DISTRICTS *** DIVISION 6. M-l LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT *** Sec. 110-354. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be granted for the following: *** (G) Storage ofliqucJkd petiO!Gum products, pLOv~ded that allstlGh uses comply 'lv itl.:. tL,~ 5taLJ.JalJ.s Svt vut ilJ. tL,1,,; ~~a~~vl1a~ r~lv Flutvlvt~uu-AsS0\""1Q.Lluu, rilG rlG\JGntlol1 Code. Above glound 5tolage of liquefied petLO!Gulll plOducts in excess of 3,000 bullou" 51,all be in CHi csttlblishGd fire dlstlld. (Q 7) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. City of Cape Canaveral Ordinance No. 01-2007 Page 3 of 7 / (LJ \ "-c_:___) WORKING DRAFT January 17, 2007 (18) Radio and TV studios. (1i 9) Shopping centers, provided the shopping center is on a minimum ten-acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31. (2. 10) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (11) Ru;u v cd. (11 t2) Permanent security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. b. Security personnel only; no children allowed. c. Facility to be used exclusively for security purposes. (12 B) Restaurants. ell 14) Public buildings. (14 +5) Telecommunications towers, subject to the provisions of section 110-482. (15 +6) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: *** ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY *** Sec. 110-485. LiQuified petroleum 2as. The storage ofliquified petroleum gasfor distribution purposes shall not exceed 1000 gallons per parcel. If multiple tanks are maintained on a single parcel of land. the total combined storage of liquified petroleum gas shall not exceed 1000 gallons. Anv storage of liquified petroleum gas City of Cape Canaveral Ordinance No. 01-2007 Page 4 of 7 / /' f '\ . sj WORKING DRAFT January 17,2007 shall comply with all applicable fire safety codes and any other applicable laws. *** Section 3. Conforming Amendments to Chapter 110, Zoning. The following conforming amendments are made to Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances (underlined type indicates additions and sttikcont 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-1 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 major 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 cOlmnercialneeds 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. :Mt buildings in tIlis distriet shall be eonsidu ed in th(, fit (, district, as pGl th(, d(,finitiolJ j 11 section 110-1, and shall b(, built in eonfOlmanee w itl. the 1 nks and regulatiotJ~ of fire distilets. *** DIVISION 6. M-l LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPI\'IENT 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 City of Cape Canaveral Ordinance No, 01-2007 Page 5 of7 WORKING DRAFT January 17,2007 in thi5 di5ti1ct 5hall be considC1ed in the file di5ttkt, a5 po the, definition in 5ection 110-1, and built in confoilllanee with the 1 ule5 and legulations of file.- di5tdct5. *** 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 majorresidential 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. :Aft buildings in thi5 di5t1ict shall be considele.-d in the.- fin di5t1i:et, 215 pCI the definition in scction 110-1 and shall be built in confolmancc with the mlc5 and le.-gulatio1l5 of file distdcts. *** 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. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance t~o. 01-2007 D................ L: ~.;::7 1 UbI; U Vi I WORKING DRAFT January 17,2007 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Haag Leo Nicholas 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. 01-2007 Page 7 of7 Meeting Type: Planning & Zoning Board Meeting Date: 1/24/07 AGENDA Heading Discussion Item #ty No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion - Mixed Land Use DEPT.lDIVISION: Building Department Requested Action: Discussion and direction to staff concerning mixed land use. The City Council at their January 2nd meeting requested the Planning and Zoning Board re-evaluate the application of mixed land use districts in the City. Summary Explanation & Background: The Planning and Zoning Board had discussed mixed land use for the comprehensive plan two to three years ago. The mixed land use district was approved, but not transmitted to the Department of Community Affairs because the applicant withdrew their application. There is renewed interest in mixed land use districts and based on this interest this matter is coming back for the City to possibly create a mixed land use district(s). * Try Smartgrowth.org as a source for additional background information. Exhibits Attached: 1) Articles: Principles of smart growth (mixed land uses); Quotations about mixed land uses; St. Petersberg Times article; Baldwin Park case study; Be1mar's Walkable Downtown case study Planning Official's Office Department I I 1-' -f:fU? (0 '-.-l City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 10 of 13 opportunity to contribute to the plan up to total of 13 percent: a 7 percent base contribution with up to a 3 percent match from the City and up to 3 percent on the employee's part. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Resolution No. 2006-51. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. SITE PLAN: 10. Motion to Approve: Ace Hardware Addition Site Plan, 8300 Astronaut Boulevard, Allen Engineering, Applicant. Mayor Randels explained that the City Council would consider a proposed Site Plan for the addition of a greenhouse, 5,000 square feet of retail space and 2,440 of accessory storage for Ace Hardware as recommended by the Planning and Zoning Board. Mr. Peetz explained that the accessory storage was for the retail store only. Parking was added primarily for the employees and parking was added to the front as well. There was ample capacity on State Road A1A Water and sewer were adequate and there was no impact to the population or the Parks and Recreation Department. They also met the landscaping requirement and were able to retain a substantial Ficus tree as well as a large oak as noted by the Mayor. Mayor Randels related that the community anticipated the Garden Center. Mr. Marvin Nichols informed that more items would be included along with the garden supplies. He also informed that the store has over 30,000 registered retail skews. Mr. John Allen stated that all was approved by the Florida Department of Transportation and the St. Johns Water Management District. Ms. Roberts asked Mr. Nichols to relate on his experience as a business owner in Cape Canaveral. I\~r. Nichols related that the Cape Canaveral store was discussed in light of potential success and he and his wife purchased the store after the previous owner's failed attempt. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Haag to Approve the Ace Hardware Addition Site Plan at 8300 Astronaut B!vd. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tern Haag, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: X 11. Mixed-Use Zoning. Mayor Randels stated that Mayor Pro Tem Haag initiated discussion on the topic and the City Manager provided some research. Mayor Pro Tern Hoog related that the property Q\,.vners that he spoke with were receptive to a zoning change for a mixed-use concept or remaining commercial. He clarified that a previous discussion for a mixed-use concept /;< ~ City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 11 of 13 was for the riverside. Mayor Pro Tem Hoog related further that he was in favor of the mixed use construction that he had seen around the State. Ms. Roberts expressed her concern that in the future development of the City that the Council encourage developers to retain some green space. She did know that the property in discussion was mentioned as a park and of course that would depend on the feasibility of its purchase. She expressed the concern as she continued to hear from the residents that the City was not protecting the green space to the extent that the Council could make that a part of whatever it might do as continued development. Ms. Roberts encouraged the Council to consider this. Mayor Randels noted some of the strong points of mixed-use since the use of the building was condensed and allowed more parking and less area for development. He used a quarter acre lot with one home as an example. Mr. Petsos stated that placing different uses in the same building might encourage setting aside some of the land for park area. Mr. Nicholas pointed out how the objections voiced on the Special Exceptions for residential in commercial zoning were being consolidated into the mixed-use project. Mayor Pro Tem Hoog explained that the mixed-use concept was a specifically zoned area for its type of use. He stated that the property was under contract for purchase to construct multiple town homes but that did not succeed. The area was predominately undeveloped with exception to the north. Mayor Pro Tem Hoog informed that the Builders Supply owner also expressed an interest in this type of zoning. Mayor Randels clarified that the mixed-use that occurred through Special Exceptions, such as a service station next to an apartment house was not favorable. However, with a 20-acre parcel while preserving trees could result in a fairly usable project. Mayor Randels informed from an article in Florida Trend that Hallandale Beach converted their urban downtown to a mixed-use concept as well as Perry, Florida a former lumber town. He also noted from the article that West Palm Beach has successfully used the mixed use concept since 1989. Mr. Peetz expressed that the mixed-use was a concept that proceeded automobiles. He informed that in Winter Park this concept avails itself to those working in the area and living and shopping in the same area was an added benefit. Mayor Pro Tem Hoog replied to Mr. Hale's question on acreage that one property was 8-acres, the other was approxi mately 8-acres and another was 10-acres. Mr. Hale related that just outside the colonial Williamsburg area an upscale mixed-use concept was developed and he encouraged the Council to seek a high-end project. He expressed his favor with the previous Greene Development project and his thought that such a project couid work in the City. Mrs. Hale questioned if the property that was previously considered for town homes on Washington Avenue could become a mixed-use. Mayor Randels replied that that property might be too small. Discussion followed on other mixed-use communities in other areas. Ms. Rigerman expressed the need to research a minimum size lot in order to acquire a variety of c:ommercial entities as well as enough residential units. The City also needed to ('3) .~. City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 12 of 13 be restrictive on the types of retail establishments allowed. She stated that the criteria could be included while developing the new zoning type. Mayor Randels concluded that there appeared to be an interest. Mr. Nicholas stated that independent revievv, and not propelled by a developer, would result in what is best for the City. Ms. Roberts recommended looking at the whole of the City as it relates to this concept as a big picture concept may identify several locations for this use. Mr. Nicholas said that establishing the zoning should come first and then the application for development. Ms. Roberts stated that the City has some land that would be redeveloped. Mayor Pro Tem Hoog pointed out that a developer would need to purchase different individual properties. Mr. Russell pointed out that walking traffic was the key to success in a mixed-use development. Mr. Nicholas responded that a developer would seek to know the number of residential units that might require changes in the City's density or height restrictions. Mr. Russell stated that a zoning and height change would therefore require a referendum. Ms. Roberts related how Old Town Alexandria, in VVashington, D.C had a similar height limitation; however, its density was higher. She expressed that the North Atlantic Avenue area seemed to have a higher pedestrian traffic given the higher residential density. Mr. Russell spoke on the success of the Whitley Bay condominiums for the Cocoa Village area. Mr. Nicholas pointed out that the marina associated with the condominiums lent itself to a high-end clientele. Mr. Boucher related that parking garages were a part of the mixed-use concept and this permitted more pedestrian traffic. He responded that the higher density on a barrier island, however, was a Florida Department of Community Affairs issue. Ms. Hale spoke on the substantial amount of growth in her neighborhood. Mr. Russell pointed out that a wide walking thoroughfare was needed to accommodate the walking traffic. Ms. Rigerman included the need to traverse State Road A 1 A safely. REPORTS: 1. City Manager . Mr. Boucher announced the Joint Workshop Meeting with the Planning and Zoning Board on January 11th. He would provide information on what other communities are doing. Mayor Randels stated that this meeting would accommodate discussion from the Council and the Board and not comments from the general public. Ms. Roberts requested as much relative data as possible in light of the outdated data that was provided during a previous meeting. . Mr. Boucher reported that the roof on City Hall was nearing completion. Replacement panels were not available; however, the roofer would seek a way to secure the roof. . Mr. Boucher proposed several meeting dates for the following topics, such as the Sewer Rate Study, the Space Needs Assessment on City Hall and the Police (U ~ ,j ~_/ -~---- -- ____~~ ,-",..a-'-".. ............ .................l1o.. .L.J.........I....l........ '-/uvoJ rage 1 or L Smart Growth Online ~ ~ --'r- Principles of Smart Growth HOME IN THE [\ .. ....d..... ",," '. .... ~'.... ~.. ',..'" ABOUTSMARTGRO~H Mix Land Uses Subscribe Overview free week Principles Issues Smart growth supports the integration of mixed land uses into Have a n. communities as a critical component of achieving better places to live. tip for 511 SMART GRO~H NETWORK By putting uses in close proximity to one another, alternatives to Online? ( TI i~l! driving, such as walking or biking, once again become viable. Mixed ~ ... ~ NEWS land uses also prOVides a more diverse and sizable population and Plan to Dig I J.l:4t>.. commercial base for supporting viable public transit. It can enhance the Canals in Fie RESOURCES vitality and perceived security of an area by increasing the number and County Rais attitude of people on the street. It helps streets, public spaces and Over Devele CALENDAR pedestrian-oriented retail again become places where people meet, Bay Area DE attracting pedestrians back onto the street and helping to revitalize CaNT ACT US community life. Smart Grow SITE MAP Mixed land uses can convey substantial fiscal and economic benefits. of Gov. Spit Commercial uses in close proximity to residential areas are often Cleaner, GrE EMAIL TO A FRIEND reflected in higher property values, and therefore help raise local tax "' receipts. Businesses recognize the benefits associated with areas able to attract more people, as there is increased economic activity when State High ( NEW RESOURCES there are more people in an area to shop. In today's service economy, Ruling That communities find that by mixing land uses, they make their Referendum :J From the Margins to the neighborhoods attractive to workers who increasingly balance quality of County Lane Mainstream -- Federal life criteria with salary to determine where they will settle. Smart Transportation law and growth provides a means for communities to alter the planning context Community Mobility which currently renders mixed land uses illegal in most of the country. Traffic Safet Needs Myrtle Beaei :J Brownfields Resource Walking to r Retu rnJ_Q_IQR School Guide for Rural and Small Communities I I :J Massachusetts Smart Mix Land Uses Yearlong Sn Growth: Sustainable Materials Educational Design and Green Toward NeVI Building III Guidebooks Lake Region :! Draft Vermont ~-._-._",.."........."-"...--.-----_... Pedestrian and Bicycle lIl<:::a~E:!;:;t1l91~~ Portland's M Policy Plan I!Il Fact Sheets Area Braces :J Watershed Academy I!Il Re.QQrTI. Battle Over Webcasts from the U.S. Center cr>^ I!Il 8cti.<::!~~ l..rM more · ~~eQ?itl:;~ , . ~ - I!Il ;>QfE:ches "[A street! DATEBOOK I!Il PrQgLi!m~ an inexpel 1/2912007 providing Smart Growth Speaker Series: II 0 r gallii::il tiC) fl expands t Connections Between Pubiic I pedestrial Hearth anej Cornnlunity Design III A\lVClrcl~..2ln<:LCQ!llPEOti!LQIl~ communit having to S!-1eakers ,A,ucla Archive . ~.r'f"\VC I excensiv€ " II ,","v'c-", II infrastrud /E-- \ http://www.smartgrowth.org/about/principles/principles. asp ?prin= 1 Q) 1 /1'7/')(\(\'7 1./1IJLVV! ------- - -.... -- .. ......... .....--.............-....-- .A...J..l."-'..l........l..J. .......,~.l..u...u" .........LV n L.L.L ,<UVLUtlVll.-:>, .L ~llJ.\..rlJ!lc; tt............l.Ul1l liUIUI- ttlllll..a rage 1 or L Smart Growth Online Smart Growth Resource Library ..,,.- HOME IN THE ~ .... "'.,-..,'.':...:..,...,,-..-,-':.,...::.....:..:."".-.., ABOUT SMART GROWTH Smart Growth Quotations, Principle #01: Subscribe Mix Land Uses free week SMART GROWTH NETWORK Have a n1 Smart growth supports the integration of mixed land uses into tip for SI1 NEWS communities as a critical component of achieving better places to live. Online? ~ To learn more about mixing land uses, visit the Smart Growth Principles RESOURCES page. Browse by Issue Yearlong Sn Browse by Principle This selection of quotations is drawn from the Smart Growth weekly e- Educational Browse by Type news summaries. Select the link at the top of each quote resource to Toward Nev. Browse by State view the complete news summary and links to the source publications. Lake Region Land Development Regulations Suggest a Resource To subscribe to the free weekly e-news summaries, J;;JjJ;;.!C!:leL~. Portland's M CALENDAR Area Braces "Finding the proper balance between natural and human-made Battle Over CONTACT US Center environments results in higher-quality places at every point of SITE MAP the spectrum and puts an end to creating sprawl conditions." , =-:/Sm;;u:1;C{U!..fL(i,5.-_QY-j2l,JilDJ~_P..LgtGL:ZYQ(:;rf{Si.Co-'- N.J. Futures EMAIL TO A FRIEND Smart Grow "" "Having over 100 acres of prime real estate on Route 1 gives us State Overc. a unique opportunity for a creative mixed-use project," Chase" ==-EdL'ion..IQWfl5lJJf2.fLlHi'Jy'orG,gQrgg5.f2i'JJi.QrQ NEW RESOURCES :J From the Margins to the "Smart growth brings back compact development, mixed uses University 0 Mainstream -- Federal and transportation choices." Storrs Will V Transportation Law and :::.L'1Jr,!JggLP{ly'dlJ}{islVI{;0.l)rQgjJ.l"i'2nd}[]'ititidtg Developer tl Community Mobility Urbanist TOI "We have a duty to use these lands wisely and to find the right School Needs balance between development, preservation and generation of :J Brownfields Resource resources for our schools," Guide for Rural and :.~.Arl~o[].i2.GQy.~mQUgn~t.fIlgQ.o1Lti;w.Q Ottawa's No Small Communities Rail Line No :l t.1assachusetts Smart "The challenge for leaders is to create the right market, land Newly-Elect, Growth: Sustainable use, and other regulatory climates to accommodate new growth Vote to Kill ! Design and Green in more sustainable ways." Building .:..:....BLQQkings.lns.tltutiQD-JJLQg[lf;2{p.grtActlJuLC_fIlf;Lsoa :J Draft Vermont Miami-Dade Pedestrian and Bicycle "Smarter growth land use policies and practices offer a viable Watershed ~ way to reduce U.S. energy consumption." Change in U Policy Plan -- Funders' Network for Smart Growth and Livable Communities Deve!opmer :J Watershed Academy at Least 20~ Webcasts from the U.$, "What's intriguing about transferring development rights is that EPA you reduce sprawl and save farmland at no cost to the more taxpayer. " . . .- - ~ . -- Burlington CoulJ1'i, N.J. Freeholder William /'/aines "[A street1 "The real key is land use, because land use is a reflection of the an inexpel DATEBOOK providing transportation choices we'l! make in the coming years," expands t 1/29/2007 -- Utah Transit Authority General Manager John Engiish pedestriar Snlart Growth Speaker Series: communit Connections 8Bh..-J8Bn Pub1fc "You can't separate transportation and land use. The whole having to if,: f http://www.smartgrowth.org/librarv/artic1es.asD?art=1623 \ \,--,Ie. j 1 /1 7 nnn'1 - - - -' .I.. ~ ~I i !!kVVI -- - . --- - --- - -~~ - - .-...............-....J . .....,........................... --........., H U..I. ,<U.VU,U,~V~.l(), ..L .l.l.l.l\.l1plv ;r-""'J.Vlll \....oUIUl- ttl1111... rage: L. or L. Health and Community Design issue of (traffic) congestion is about how we accommodate expensive Speakers Audio Archive future growth." infra strl.l d ::.~_$gBLJ.1!jW?lmf?,J2rf;$jQf;nJ,j:1f;t.[QAtlgntq.ClJgml2f;CQtr:;;Qmm<:;[~<:; ~uilt quic:~ Other Smart Growth Events: mexpensl1 1/17/2007: "This more strategic approach to open space acquisition the street Webcast on Connecting with Local bolsters my administration's smart growth priorities and without a Land Use Decision-Makers on ultimately ensures that New Jersey's children grow up next to easily. n Water Resource Protection parks, not parking lots." =-=.B,!';t:;.Q[ 1/1712007: :::..Ne.Vi.lr;;[$E,y..G.Q.~f;mQLlgme.$ELt:l(;G[<:;.eYJ:!'y. PL!';$l<i.~f)L Introduction to the Planning Commission Web Conference: CJi.<::~_hex~ for more quotations. ~. ..~ Part Two C./l(:JiHe.r Smart Gr RECENT HIGHLIGHTS FROM on the W SMART GROWTH ONLINE ~ Smart Growth: A Toolkit for Realtors from the National Association of Realtors (NAR) is a six- chapter publication that provides an overview of smart growth and its importance to the real estate community. Included in this online publication is a chapter on how realtors can get more involved in smart growth. .E.i..n(L~H~lmg~ Working to Preserve Farm, Forest and Ranch Lands: A Guide for Military Installations, a primer from American Farmland Trust, looks at how sprawl is encroaching on military bases nationwide, and focuses on the opportunities that exist for cooperation between agriculture interests and the U.S. military that can help each meet their respective goals. ... .EI.!ld.oYlmQte ~ IffIWo~~ This web site is a subset of htt.pjlwww_sl1stainable.org, developed and maintained by the Sustainable Communities Network (SCN), and supported with funding from the US EPA. Dls.daimer. Copyril';ht@ !996.2007. All Rights Reserved. (~: http://www.smartgrowth.org/library/artic1es.asp?art=1623 \ ( ) 1/17f')nn'7 ~ .L/~ IJ~VV! - __n__ ____ ____u____ --_U_J ~ ~~u~ut:> ~~nu r <1t:;c; I VI '+ itl1etet.burg mme_ ON LI N E TAMPA BAY :W~gth~I I SPQtl~ I FQI!lill1i I COilli.Q.~ I.cL'l.~$ifi~gQ I.cM~l1d?I I JYLQ~~i~~ 'Mixed use' scrambles county's zoning laws The Halls River Retreat developer is reviving his 54-unit proposal, based on the county's land development code that allows mixed use, something no longer in the comprehensive plan. ARCHANAPYATI Published June 18, 2003 "Mixed use," it seems, has people all mixed up. In the realm ofland-use law, the zoning category of mixed use could not be a more vexing topic, an albatross around the county's neck. It is what allowed the County Commission to approve the Halls River Retreat development in February 2002, and one of the factors that led a circuit judge to overturn the approva11O months later. Now mixed use is the basis for Halls River Retreat developer F. Blake Longacre's move to resurrect plans to build the 54-unit time share. The plans are gathering dust in the Lecanto Government Building. Last week, Longacre asked county planners to revive them. Longacre's application will have to go through the same process it did before: staffreview followed by workshops and hearings before the Planning and Development Review Board and then the County Commission. Mixed use has become a legal burden ever since 1997, when it was taken out of the county's comprehensive plan, a master plan for future growth. Ivlixed use, however, remains on the land development code, the document that acts as a snapshot for how property is being used today. The problem boils down to this: Mixed use allows developers to do things that the comprehensive plan does not. It became part ofthe land development code in 1990 as a catchall for developments that defied easy categorization. But when Circuit Judge Jack Springstead overruled the commission's approval of Halls River Retreat on Nov. 6, he said the comprehensive plan must trump all other considerations. Opponents of Halls River Retreat argue that mixed use should be forever banished from the land development code. They have even filed an administrative challenge with the Department of Community Affairs, the state agency that regulates local comprehensive plans. "Our position is that it should've been removed from the land development code" in 1997, said Dan Stengle, a Tallahassee attorney representing Protect Our Waterways, one of the citizen groups that has http://www.sptimes.com/2003/06/18/news-pflCitrus/_Mixed_use _ scrambles.shtm! 1/17nnn7 .....,.L IJ.....V\.JI ---- -- ---- ---~--~--- _......._...."'"'-~J .., "-''-''...L...L.......L....O ....-...,,'u r abc; L. VI '-t been fighting Halls River Retreat. No date has been set for a hearing before an administrative law judge. "The comprehensive plan is the bible, the controlling document, and all land use designations need to be consistent with (it)," Stengle added. Longacre's attorney, Frederick Reeves, vehemently disagrees. He believes mixed use is still a viable zoning category, one that will preserve the "fair market value" of his client's land and that "was never meant to be eliminated." He blames the county and the Department of Community Affairs for failing to resolve the discrepancy back in 1997, when the state agency vetted the county's comprehensive plan. "It simply isn't fair for Halls River Development Inc. to be penalized for what is, in reality, multiple mistakes on the part ofthe Department of Community Affairs and the county," Reeves wrote in his June 14 letter. He also says that the people who are now questioning mixed use should have spoken up in 1997, and in 2001, when the local planning board and County Commission initially reviewed Halls River Retreat. Longacre's property, 11 acres near the Halls River, is zoned mixed use. But it is designated something different in the comprehensive plan: "coastal lakes," which would only allow a single house to be built on the site. Longacre finds himself in the unenviable position of owning property whose value would be seriously diminished if the coastal lakes designation prevails. Reached by telephone earlier this week, the Clearwater-based developer held fast to the development rights afforded to him by the mixed use designation. When he purchased the property three years ago, "it wasn't coastal lakes and it's still not coastal lakes," he said. He may be fighting an uphill battle. Even though Springstead's order was upheld by the 5th District Court of Appeal on May 1, Longacre was told he could resubmit his application. It will be Halls River Retreat redux, except this time, the decisionmakers will have Springstead's order in hand. Mixed use isn't the only zoning category that, in light of Springstead's order, concerns county planners. Ofthe roughly 800 properties with mixed use zoning, many are vacant or have a single-family homes; it's unlikely these property owners would mount a legal challenge about property rights. Yet there are dozens of smaller properties that are zoned coastal lakes commercial, another category that has no corresponding designation in the comprehensive plan. Many of these properties, with marinas, beauty shops, and other small businesses that serve coastal neighborhoods west of U.S, 19, might have their property rights curtailed by the judge's mling. Like L.ongae-rc's property~, de\Jelopll1cllt \~iould be controlled by tile 111 ore restrictive cOlllprelle.n$ive plan http://www.sptimes.com/2003/06/18/news-pflCitrus/_Mixed_use _ scrambles.shtm! 1/17/2007 - --- ---- _._-~--- -........- ......-....-...........-....-.... ..................................J ..... 1:-''''-'.1..1..1...1...1.5 .1.'-'-"'''''''' rage J U1 "+ category of coastal and lakes. "It's kind of in limbo," said Chuck Dixon, the county's community planning director. He wants to create a "coastal lakes commercial" category in the comprehensive plan just for these properties. On Halls River Retreat, Dixon was mum about what his staff will recommend to the planning board and the commission. "We have to review it in accordance with the regulations that are in place, and the judge's order," he said. Opponents ofthe project call Longacre's request an exercise in futility and a questionable use of staff time and taxpayer money. "It seems imprudent, improper and wasteful for all those people to go through that process again with records, hearings and transcripts," said Carl Bertoch, a Crystal River attorney who represents Protect Our Waterways. The group also has asked Springstead for a final ruling on a second legal challenge it filed against the county. When the judge issued his order in November, it only addressed one of two appeals. Protect Our Waterways has asked the judge to rule in its favor in the second case, which would have led to a full-blown trial with witnesses, subpoenas and depositions. "What we're saying, there's no dispute as to the facts or to the law, because why perpetuate the argument any further," Bertoch said. Complicating matters is the county's own effort to revise its laws governing mixed use, to get it more line with the comprehensive plan. In April 2002, by a 4-1 vote, the commission changed mixed use. Now someone who owns a mixed use property can only build one dwelling unit per 20 acres, or one unit per 40 acres in hurricane zones with fierce winds. Prior to this vote, that owner could have built up to 20 units per acre. When the county revised its ordinance, it specifically exempted Halls River Retreat because of the pending lawsuits. To protect his future property rights, Longacre filed a notice two months ago to sue the county, pursuant to the state's Bert J. Harris Jr. Act. In the pre suit notice, attorney Reeves said Longacre's loss of property value amounted to $5.3-rnillion based on an appraisal of Halls River Retreat. Attorney Clark Stillwell filed a similar presuit notice on behalf of the \V. W. Caruth Jr. estate, alleging a 72-acre lot in northwest Citrus would lose $730,000 in property value because ofthe revisions to the mixed use ordinance. The Harris Act, passed by the Legislature in 1995, requires local governments to compensate property owners if local regulations decrease their property value. http://www.sptimes.com/2003/06/18/news nf/Citrus/ Mixed use scra.l1lbles.shtml 1/17/2007 - -" ---L _ __ -------- ---- --~-~~~.....~-..... --........_........~J .... L..J....,......................b ...._l'l'U r d;:;C; '+ Ul '+ Longacre's property would be reviewed according to the old definition of mixed use, which will likely result in a denial by the County Commission because of Springstead's order. "To me, it makes no sense whatsoever for the application to proceed," said Joanne Bartell, a member of Protect Our Waterways, and one of the challengers of mixed use zoning. - Archana Pyati can be reached at 860-7309 or .<!pygti@_$illim~~~Q1n (Q Copyright, St. Petersburg Times. All rights reserved. http://www.sptimes.com/2003/06118/news of/Citrus/ Mixed use scrambles.shtml 1/17/2007 i\ \ - ~ --I.. _ __ ' 1\ ) ~ / ,,~ ----~~- - -- - .. --- ~----......-............... ~""'''''''.1_'''''J. '-'............-....." ............'-.T"" ,,~~ ..L~~.1. l..\..IL..lV~~. .LIa~\..1VVlll ~ al1\..l.'laVal Dd:::SC; I\..tu... rage 1 or L Smart Growth Online Smart Growth Resource Library --,,.- HOME IN THE 1\ .... ....;~.~,.. ",',. .'''' """.'/."', . ,.;., ',".-..',.'. , ABOUT SMART GROWTH Smart Growth In Action: Baldwin Park Naval Base Subscribe Redevelopment Project, Orlando, Florida free week SMART GROWTH NETWORK Have a n, When the U.S. Navy announced in tip for 511 NEWS 1993 that it would close the Online? ( 'If ~ Orlando Naval Training Center, ..' '" RESOURCES the city of Orlando saw an Browse by Issue opportunity to build a vibrant, More Cities' Browse by Principle mixed-use neighborhood that Streetcars a Browse by Type would make the base property Way to Brin' Browse by State once again part of the Downtown ~ Land Development Regulations Suggest a Resource community. The city's Base Reuse Commission organized to plan the High-Rise, r> CALENDAR property's future, engaging citizens in hundreds of meetings over two years to help devise and refine a plan to redevelop the base. At Projects Tra ~:lI. Look nand CONTACT US visioning workshops, citizens described what they wanted: a variety of Atlanta's Url housing types, a vibrant main street, public access to lakes, and SITE MAP linkages with existing neighborhoods. I Principles I Before rebuilding could begin, 256 buildings, Gov. Kaine I EMAIL TO A FRIEND Includes Mixed Land B 200 miles of underground utilities, and 25 Smart Grow , miles of road had to be dismantled and Open Space Uses recycled. Asbestos and lead paint in the State of the Exhibits Compact 0 buildings and arsenic and petroleum in the Speech NEW RESOURCES Building Design soil needed to be cleaned up. This demolition :l From the Margins to the Provides Range of B and clean-up took more than a year. Mainstream -- Federal Housing Types "Time to Ac' Transportation Law and Promotes B The new development was named Baldwin Connecticut Community Mobility "Walkable" Park. Since the first model opened in 2003, Municipaliti€ Neighborhoods Lawmakers Needs Baldwin Park has sold lots and houses faster Sprawl, Eno :l Brownfields Resource Exhibits a Distinct 0 than any comparable project in the area. Growth Guide for Rural and Sense of Place When construction ends in 2008, Baldwin Small Communities Preserves Open 8 Park will have 10,000 residents living in 4,100 ':J f'.1assachusetts Smart Space homes, ranging from rental apartments to Looking to : Growth: Sustainable Utilizes Existing 0 custom homes, built in architectural styles Conservatio Development traditional to the area. In addition, 6,000 Maine Lawrr Design and Green 0 people will work in offices throughout the Legislation t Building Provides neighborhood and in shops in the Village Oversight, F :l Draft Vermont Transportation Center. Everyone can enjoy over 450 acres of Benefits Choices Pedestrian and Bicycle I Practices Fair IGl lakes and parks, including over two miles of Policy Plan Jakefront property reserved for public use. :l Watershed Academy IDecision-making I~ With public schools near and in Baldwin Park, Proposed He Webcasts from the U,S. Promotes 0 local children can walk to school. Projects Wo EPA Stakeholder Housing Uni Participation River, Little more Baldwin Park's residents, workers, visitors, and neighbors have many choices in how they get around. There are 50 miles of trails and sidewalks on an interconnected street grid for walking and biking. Traffic, once blocked by the former base's security . > ~ ~ ~ - -'- DATEBOOK fence, can now flow through 32 new intersections that connect Baldwin n[A street, 1/29/2007 Park streets to surrounding neighborhoods, reducing congestion. an inexpel Smart Growth Speaker Series: providing ConncctiCi~s Behvenn Public The community created 16 extra acres of parkland by using innovative expands t .,---::-, ('~' \ http://www.smartgrowth.org/library/artic1es.asp?art=2174 1/17 nnr\7 1.-1 \ ..LJ ~ J I....VV .~~~j ------- - -- - .. -~~ ~ --........ -.... - - ---.............-....J . .................-....... '-"......., t'... ".1..1. ..l..I..1. .L ~V".L'-'.L.I.. .J.JU.lUVV ~~l ~ al1.\.. 1. "taval .ua~c;; J.,-c;;u... ri:1!;C L.. Ul L.. Health and Community Design underground stormwater management systems. Audubon of Florida pedestriar Speakers Audio Archive helped plan parks and wetlands restoration projects, recreating communit ecosystems that were lost years ago. Since it is an infill redevelopment having to Other Smart Growth Events: project, Baldwin Park can take advantage of existing power plants and expensive 1/17/2007: water and wastewater treatment facilities. At the same time, the city infrastrud Webcast on Connecting with Local will gain an additional $30 million in annual property tax revenues. ~uilt quic! Land Use Decision-Makers on meXpenS!1 Water Resource Protection the street The redevelopment of this former naval base gives the citizens of without a 1/17/2007: Orlando what they wanted and planned for: a thriving new community easily." Introduction to the Planning and a legacy for future generations to enjoy. ~_=B~r:;Q[ Commission Web Conference: Part Two EL~$kf.f;nt_ I QUICKFACTS I D Dean Grandin, Jr. Director, Orlando Planning Division, Department of Economic CH!;!:LHer Development 407-246-2120 Smart Gr on the W ILocation: IIOrlando, Florida I It.. IWebsite: IIwww . ba Id w i nDa rkfl. com I IImplemented: 112001 I GeLat9R\U~"Bhl~,-p~Qje~L$Ymm!:'lJ:Y in Adobe Acrobat@ format. ~CLb~ck to the Smart Growth Projects page. RECENT HIGHLIGHTS FROM SMART GROWTH ONLINE Smart Growth: A Toolkit for Realtors from the National Association of Realtors (NAR) is a six- chapter publication that provides an overview of smart growth and its importance to the real estate community. Included in this online publication is a chapter on how realtors can get more involved in smart growth. . Find out more Working to Preserve Farm, Forest and Ranch Lands: A Guide for Military Installations, a primer from American Farmland Trust, looks at how sprawl is encroaching on military bases nationwide, and focuses on the opportunities that exist for cooperation between agriculture interests and the U.S. military that can help each meet their respective goals. . E!ndQY1_mQ[g ~ :$:MArn'GROWTH ~tfYlV~X This web site is a subset of http;!l'ti>^lW~sustainable.org, developed and maintained by the Sustainable Communities Network (SCN), and supported with funding frorn the US EPA. ni~rl~impr Copyright @ ! 996-2007. AI! Rights Reserved. http://www.smartgrowth.org/library/artic1es.asp?art=2174 1/17/2007 -~~------- -----.-J. --~~-~- -~......................................................................... Jj....,#-............................ u '-'UJ..L"-UV~V..L..'VVY~~"Vl'V.11... 1. aD" 1. V.lk Smart Growth Online r- Smart Growth Resource Library .,,.. HOME IN THE 1\ ~'Y"'~-'<""'--""';"-"_:-\~:'''''; '.:...:.:"'\ ABOUT SMART GROWTH Smart Growth In Action: Belmar's Walkable Downtown, Subscribe Lakewood, Colorado free week , l;!.l SMART GROWTH NETWORK Have a n, In communities across the tip for Sn NEWS country, aging shopping centers Online? ( are losing business to larger and RESOURCES newer competitors. As these retail Browse by Issue centers, known as "greyfields, " FHA, VAT DI Browse by Principle cease to be viable as shopping Decision Hal Browse by Type malls, they can often provide County Circ Browse by State opportunities for redevelopment Land Development Regulations Suggest a Resource that meet other community needs. One good example can be ... Gap Plan W CALENDAR found in Lakewood, Colorado. Facing the decline of its Villa Italia 5,000 Acres shopping mall, the city worked with citizens, civic groups, and a local Open Space Connecticut CONTACT US developer to transform the property into Belmar-the real, walkable downtown that this Denver inner suburb had lacked. SITE MAP I Principles I Belmar's traditional grid of narrow streets and Smart Grow small blocks replaces the footprint of the old Includes Mixed Land 8 mal!. At build-out in ?nr\7 these Series Conti EMAIL TO A FRIEND ...............-1 , neVI, as Officials ~ Uses pedestrian-friendly blocks will have one _. B Consensus f Exhibits Compact million square feet of shops, restaurants, and Building Design other services. The development will also NEW RESOURCES Provides Range of 0 include 1,300 new homes, including More Cities. :l From the Margins to the Housing Types townhouses, loft apartments, and live-work Streetca rs a Mainstream -- Federal Promotes EJ units. Belmar will have 700,000 square feet of Way to Brin' Transportation Law and "Walkable" the first new Class-A office space built in the Downtown ~ Community fvJobility Neighborhoods area in over a decade. Nine acres of parks Needs Exhibits a Distinct 0 and plazas will give people a place to get :l Brownfields Resource Sense of Place together, relax, and enjoy festivals, markets, High-Rise, ~ 0 and other entertainment. Belmar also offers Projects Tra Guide for Rural and Preserves Open galleries and studio spaces to artists to make Look -- and Small Communities Space the development an arts hub. Atlanta's Url :J Massachusetts Smart Utilizes Existing 0 Growth: Sustainable Development Putting time and effort into a high-quality Design and Green Provides 0 redevelopment has been a great investment Gov. Kaine I Building Transportation for Lakewood. Belmar brings a new sense of Smart Grow Choices Open Space :l Draft Vermont D vibrancy and prosperity to the area. The State of the Pedestrian and Bicycle Practices Fair redevelopment would not have been possible Policy Plan Decision-making without a strong partnership bet\^/een the city Speech :l Watershed Academy Promotes EJ and the developer. The inclusive process Stakeholder transformed citizens' concerns about losing Webcasts from the U.s. Participation EPA the mall into civic pride for their new downtown. "[A street< more an inexper Belmar's first phase has been a success. Its retail income is comparable providing to higher-end malls. Belmar's office space is fully leased, and rental expands t DA TEBOOK and for-sale housing are outperforming the local market. Upon Belmar's pedestrial communit 1/29/2007 completion, the city estimates it will add $952 million to the local having to Smart Growth Speaker Series: economy and will directly create over 7,000 permanent jobs. expensive Connections BetV'.'een Public infrastrud http://www.smartgrowth.org/library/articles.asp?art=21 75 1/17/2007 J . --- --- ~ ~__................""-a _____.................................. "_~..l."'"'""'"lJ...v .L.JVVV~~LVVV.l.l... ~ as'" k V~ L, Health and Community Design Belmar illustrates how the loss of a community resource like a shopping built quid Speakers Audio Archive mall can become an asset. With creative, inclusive planning, Lakewood inexpensil turned this underused site into a vibrant downtown with new home the street Other Smart Growth Events: choices, shopping options, and civic spaces for its citizens. without a 1/17/2007: easily. n Webcast on Connecting with Local ! QUICKFACTS I ~:~j~g(Q'- Land Use Decision-Makers on p[~$19r;.DL Water Resource Protection D Rebecca P. crock, D;,eot", 1/17/2007: City of Lakewood, Community Planning & Development Introduction to the Planning Department Commission Web Conference: 303-987-7530 Part Two ILocation: IILakewood, Colorado I Click Her Smart Gr IWebsite: Ilwl^,'w. belm a rCQJoradQ .com I on the W IImplemented: 112001 I L Get a copy of this project summary in Adobe Acrobat@ format. G(L!~aj:J5, to the Smart Growth Projects page. RECENT HIGHLIGHTS FROM SMART GROWTH ONLINE Smart Growth: A Toolkit for Realtors from the National Association of Realtors (NAR) is a six- chapter publication that provides an overview of smart growth and its importance to the real estate community. Included in this online publication is a chapter on how realtors can get more involved in smart growth. .Etl1d ouLmQr~ Working to Preserve Farm, Forest and Ranch Lands: A Guide for Military Installations, a primer from American Farmland Trust, looks at how sprawl is encroaching on military bases nationwide, and focuses on the opportunities that exist for cooperation between agriculture interests and the U.S. military that can help each meet their respective goals. ....EiluL{HJtmQrg ~ ;$MAJ~r.G.ROWIH 'fErWQ.~K This web site is a subset of httpJLww.w.sustainabJa.arg, developed and maintained by the Sustainable Communities Network (SCN). and supported with funding from the US EPA. Disclaimer Copyright @ 1996-2007. All Rights Reserved. r;=.., r 1/' , http://www.smartgrowth.org/library/articles.asp?art=2175 1/17/2007~_)~::l/