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HomeMy WebLinkAboutBOA Agenda Packet 1-29-2007 Qpc>EA~.o s~, ~ r ~ - City of Cape Canaveral cu~c~iuu°fvou~ ~ ~ta~ V 5~~ N- lL~, BOARD OF ADJUSTMENT MEETING ~ ^g'~~ AGENDA 111 POLK AVENUE JANU 2007 7:30 P.M: Call to Order Roll Call NEW BUSINESS: 1. Motion to Approve the Meeting Minutes of October 23,2006. 2. Motion Re: Special Exception Request No. 07-01 to Allow Package Sales of vii Alcoholic Beverages in the G 1 Zoning District, (6850 N. Atlantic Avenue), Section ~c~~\, 23, Township 24 South, Range 37 East, Lots 1-3 and 10-12, Block 73, Avon by the ~ Sea, (I'ogi's Food and Beverage, Inc.) -Yogi Patel, Petitioner. ~~~°t~ Motion Re: Request No. 07-02 to Allow a Change of Use (Used in Conjunction f •L~y with aNon-conforming Structure and Premises) in the G 1 Zoning District, ~ ~~ai'' (8200 N. Atlantic Avenue), Section 23, Township 24 South, Range 37 East, Avon by ~J' the Sea, South 25 Feet of Lots 1, 2, 3 and 9-11, Block i, Avon by the Sea, (Beach Auto Repair, LLC) -Vincent Keenan, Petitioner. otion Re: Special Exception Request No. 07-04 to Allow Sales of Convenience r ~ ~ Goods (Ice/Water) at an Existing Automotive Service Station in the G 1 Zoning `Llt' District, (8101 Astronaut Boulevard), Sectton 23, Township 24 South, Range 37 ~~y East, Parc 1 55.0, (Citgo Gas Station) -JayJasperson, Petitioner. 5. ectton of Chairperson and Vice Chairperson. ~u,t~ Chctlf OPEN DISCUSSION: _ ~OOn~p V`~r"'~ b~~~ p,~ r~l, Pursuant to Section 286.1015, Plonda tarutes, e Ctty hereby advises the pubhc that: If a person decides 4ti' appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure chat 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 constirute consent by the City for the introduction or admission into evidence of otherwise allowed bylaw. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Ciry Qerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate in Board discussions held at this public meeting. 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 SUNCOM: 982-1222 FAX: (321) 868-1247 www.myflorida.com/cape email: ccapecanaveralCrcfl.rccom City of Cape Canaveral Board of Adjustment Meeting Minutes October 23, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on October 23, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Connie McKone, Vice Chairperson, called the meeting to order at 7:30 P. M. The Secretary called the roll. MEMBERS PRESENT: Constance McKone Vice Chairperson Paula Collins Jack Childs Alternate MEMBERS ABSENT• Earl McMillin Chairperson Robert Laws OTHERS PRESENT: Susan Chapman Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Bea McNeely Ex-Officio Member Robert Hoog Mayor Pro Tem Kate Latorre, Assistant City Attorney, verified that a quorum was present. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of September 25 2006 Motion by Paula Collins, seconded by Jack Childs, to approve the meeting minutes of September 25, 2006. Vote on the motion carried unanimously. 2. Motion Re: Time Extension Re uest No. 05-13 to Allow Resi ential Use in the C-1 Zoning District. Section 14 Township 24 South Range 37 East Parcels 28 D.01 D.03 and C.01 Teutons Subdivision - 8705 N. Atlantic Avenue Johnathan A. Ferguson Attornev and Agent for Mrs Betty T Gould Connie McKone, Vice Chairperson, read Section 110-48, Expirations, of the Cape Canaveral Code of Ordinances into the record. Johnathan Ferguson, Agent, for Betty Gould, property owner, testified that Seaboard Constructors had a contract with the property owner at the time the special exception was approved; however, the property owners let the contract lapse. He advised that Mr. Gould passed away last February; and Mrs. Gould has been very busy continuing with their business details. He commented that the market has changed since the special exception was granted, and noted that the special exception for residential use adds value to the property. Mr. Ferguson respectfully requested that the Board grant an extension to Mrs. Gould so that she can market the property with the residential special exception use. Connie McKone, Vice Chairperson, expressed the Board's condolences to Mrs. Gould. Board of Adjustment Meeting Minutes October 23, 2006 Page 2 Motion by Paula Collins, seconded by Jack Childs, to grant a 12 month extension to Special Exception Request No. 05-13. Vote on the motion carried unanimously. 3. Motion Re: Time Extension Re uest for S ecial Exce tion Re uest No. 05-10 to Allow Vehicle Rental Facilit in the C-1 Zonin District Section 15 Townshi 24 South. Ranoe 37 East Part of Parcel 25 0 - (Property is Located Just North of Residence Inn and South of Country Inn) -Messer Construction Coro James Messer. President (Tabled at Previous Meetinal The Board members noted that no one was at the meeting to represent the request. Todd Peetz, City Planner, advised that the project site plan is being reviewed by City staff and almost ready to be scheduled before the Planning & Zoning Board. Jack Childs commented that the letter from Messer Construction requesting the time extension spoke for itself. Paula Collins commented that she did not have any concerns with this request. Brief discussion followed. Motion by Jack Childs, seconded by Paula Collins, to grant a 12 month extension to Special Exception Request No. 05-10. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 7:50 p.m. Approved this day of , 2006. Constance B. McKone, Vice Chairperson Susan L. Chapman, Secretary Meeting Type: Board of Adjustment Meeting Date: 1/29/07 AGENDA Heading Special Exception 07-01 IIem # No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Special Exception request 07-O1 to allow Package Sales of Alcoholic Beverages in the C- 1Zoning District. DEPT./DIVISION: Building Department Requested Action: Consider recommendation from the Planning and Zoning Board for approval of Package Sales of Alcoholic Beverages. The Board of Adjustment may approve, postpone for more information or deny [he request. Summary Explanation & Background: The applicant is Walter C. Bowman, representing Yogi's. They have requested a special exception to sell packaged liquor not to be consumed on premise. The proposed special exception area is not within 300 hundred feet of a school, playground or church. During the Planning and Zoning meeting the approval was based upon the center address of the building. The Building Official recommends that the addresses be corrected to be consistent with the Brevard County address assignment policy (structures are labeled 6850, 6870, 6890 North Atlantic; however, official records only reference 6850 North Atlantic). This request is for 6870 only which doesn't officially exist currently. Exhibits Attached: #1 Application, #2 Worksheet, #3 Radius map of churches, schools and playgrounds, #4 Radius map for notification, #5 Preliminary Staff Comments, #6 Survey the subject property, #7 Code Section 110-171, #8 Drafr minutes of the 1/10/07 Planning and Zoning Meeting. City Planner's Office Department: Building Department City of Cape Canaveral Building Department ~~~C P ` I,,,- ~ ~ (Please Print Legibly or Type) ~ ~r d`j-bC" DATE FILED 11-~-L'b FEE PAID~~5Q', OD DEPOSIT'" ~J`7 ~ ,(J ~ RECV'D BY: ~~il', ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) _To open aPackacre Liquor store that does .dot sell consumable li uor on premise. Address of request (if applicable)_6_g~n Nnr+h n+i , nye - i-3 Legal Description: Lot,o`- A Block 73 Parcel Subdv Section Township Rangej`~ ~ A 7 T Ft0 y~~~ STATEMENT OF FACT• State of Florida, County of Brevard; I being duly sworn, depose and say that: _ _ I am the property owner. %XX I am the owner(s) designated agent. (notarized authorization required). Owner(s) Name(s): Yogi Patel Address: 6850 N.A~-lan+;r• A. Cape Canaveral FL 32920 Home Phone 784-203~ork Phone 508-1826 _Mail Applicant(s) Names(s): way tPr r Rn~ _ a„ Address: 30 N. Grove St,Sn;t-P A M rr;++ rG~ Fr 99S"; HomePhone960-9938 WorkPhon@425-8100 E-Mail wcb@brevard net All information, sketches and data contained and made part of this request, are honest and true t/opt/l1e t o y knowledge and belief. __-_y~Ly ~ Foi""y~ JudyASlevena-Slnpleton ~ c------ ~~~~h My Commiasion D0228890 Signature of Applicant an ~plreaoaocer2s,2oor Sworn to and iibscribed before~e~/oJJn this ~ nday of ~1~'lc b'Zc 20~. tart' P lic, State of Florida The completed request form and the $250 filing fee must be filed as follows: Requests far Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a _ minimum of thirty (30) days prior to the next regulazly scheduled Planning & Zoning Boazd Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) 1 ~ ti .I) ljili'f1/, l~:s`s f11P'~ F'LU Pi,ii $:»1 ;`l 2 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 Depaztment, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regulazly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4~ Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 11T Polk Avenue, Cape Canaveral,. Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any. questions, please contact the Buiding Department at (321) 868-1222. DATE: _ _ _ _ 1. NAME OF APPLICANT(S) Walter C Bowman ADDRESS (if assigned) 30 N. Grove St, Suite A, McCritt Island, FL 3295: PHONE # 452-8100 FAX # 4~~_ E-MAIL .,r.r,@n,-P~,_ Y~ net 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: S' L ~ AC H E 1~ - LOT: n ~,a, BLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: TOWNSHIP RANGE DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT' (EXAMPLE, ARTICLE X, SECTION 2) Sec. 110-171(1) (3) (4) (Sa. 3 &5) 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and f QT'IVPj11P1~fP, tT?Fflc Flncf, pr7d rnZ{-*,ni, ai.~ emerg~nCy a~Ce.--.,j m Cu~(`vf fire or medical emergency. 4 O (b) Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor. or detrimental effects upon adjoining properties.. (c) .Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. - _ (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or ternunation dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEAS_ E NpTE: 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): To open a Liquor Packa e Store that does o li uor on remis 5 THE- FOLLOWII~IG ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: _ *Paid receipt from Finance Department for $250.00 Application Fee. * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of ail 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 utilifies. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs: 6 O CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet aze two-fold: (7) to assist the Planning and Zoning Boazd 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. - _ _ 2) Will the Special Exception create any unusual police, fire or emerge`nc1y services? Nd• 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.? G /~`7. 4) Is there adequate ingress and egress, with particulaz reference to auto and pedestrian safety and convenience; traffic flow and control, and emergency access in case of fire or medical emergency? S , 5) Is there adequate off-street parking and loading azeas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? !'„~i, Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? y~s, 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibiiiry, and disharmony with adjoining properties? y~-= . 0 6 9) Is there adequate refuse and service areas? L~~s , 10) Do the setbacks, landscaping, and open space met the requirements of the zoning district? ~~5, 11) Is the proposed use compatible with surrounding uses in its function, its hours of operation, the type amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? ~~5~ 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? - ~ 7, 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? y~~. 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? / 5, 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? . • • ~~2 AN7~~ G-'i7.~e+uT ~cr,n-~r/7/c N~ „ 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? 8 ASE Air J m~9 _ City of Cape Canaveral can os t December 12, 2006 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): 3Gr Notice is hereb Special Exception Request No. 07-01 PPiicant Walter Bowman, 30 N. Grove Street, Suite A, Merritt isgland, FI 32953 h s requested a Sae al Exce tion To Allow Packa a Retail Sale Alcoholic Bevera es for Ca Ordinances, Zoning Regulations oSectionse 1010.17 g District Pursuant to the Cape Canaveral Code of follows: ()and 110-334(C)(6) for the property described as Legal Description: Township 245, Range 37E, Section 23, Lots 1 through 3 and Lots 10 through 12 81ock 73, Avon By the Sea. Parcel ID: 24~7_Y3-CG-00073.0-0001.00 (6850 Atlantic qve., Cape Canaveral FL 32920) (Yogi's Food and Beverage, Inc.) 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 pro e above. The meeting wilt be held on Wednesday, Janua Annex, 111 Polk Avenue, Cape Canaveral, FL. P rty noted ry 10, 2007, at 7:30 P.M. in the City Hall 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 ro e approval or denial will come before the Board of Adjustment at a subsequent scheduled meetin your property maybe located wfthin 500-feet of this propert P P rty. The final administrative Y comments can be made in person or may be submitted in writing at the Planning and Zoning Boat Meeting or to the City Clerk's Office at 105SPolk Avenue, Cape Canaveral, FL 32920. if a person decides to appeal any decision made by the Planning and Zoning Board with that person wiq need a rewrd of the p'oceeding; and for such purpose that Proceedings is made, which record includes the fesbinon ~Pect to any ma@er considered at this meeting, cons0(ufe w y and evidence u person may need to ensure that a verbatim racortl of the aulhodze challenges ar a City for the introduction or admission into evidences of otherwiseanad Ppeal is to be basetl. fits notice does not Fvoceedrngs shoultl contact ~es not oMeiwi~aro s& ~ persons wBh d~sabgities needing assrb~anc ~levant evidence, nor does it CKy Clerk's 48 hours in advance ofthe meeting. Participate in any of these Susan Stills, CMC City Clerk ~ , ~,.d~... _ 8 ~ 105 Polk A~'enue r'pst' ~ Ce Telephone: (321) 568-12? ' • ~ averal, FL S2<)20-0326 0 SUIVCONI:9S2-1220 wwlerny~lorida.com/ca e F.`,-Y: (321) 86$-L?~g P ~ e-mail: ccapecanaveralQacfl.rr,cor~ dry ry s e A ~i. ~'!I av..1~1 xb ~r' ~-'t i~~~lr~~ ~ r r~ct- ~ m ~ . - ' _ y ~5 J i P I'i ~~N t 5 F ^t l Y Z W J/¦~} ~4 J I Z ) a pp 4 a n ~ . - legen~ E..e~.. x r,... m ,"..r".n.„..., o. k xA~xl~J'd ~a ,.ten - -9. SPuY ~ ~ m rs .w. m P~a.~ "1 - _ ..~.a..bo.. cE.oe!-a _ aLCB.HOL EBT~SL!°H!AE.".7 MA°#1 ~ MILLER / SMOWN/f.SLNOM.CRURCNE56VIRF3 ~.._r..~.:~~. -.._.._...v"_..__.._ _ ~ LEGG _ 9U-5o-0o xA,~.>ooFOO,a~~FFaex~o~E e.n A'w -gyp FOR: LILY OFCAPE CANAVERAL 09-28-3005 "ir.'.". r n Niue ^~a, _ _ a. ue s..m:M S~,• xaDlus ~ A~.. vewa er ~o~~~ l~6 M ~IXft ~ F F A 5 f9 6 N N 6 P tl 10 9 B N ':wmn ev /7 ~l ~ S b 8 II~ m 9 P Jv ~ ~L~~~ y ffi JI ~ m Dmfl mwmxvv wme euav ?v ' ~f vuxv Av }Y va ia° wtux?v STS"_t ~ N Ft%: ~ ~ N 11 46 65 N .f9 cwn op amvs 79 R H 'N A9 W h & f6 c ~ • wi¢ av A ~~m ~~D ~ '~~I I mf ceumn ~a IIr umva wv L~ ® _ _ > ervumw dR11164 X 0O4YM py CCC W pxA.r r (/r//~T NC CIntCI ~Y a Drererd Canty Properly Appraiser: Jim Ford DDFFEII DISfANC'E 500 FEET APPLICANT NA6(E'SJ/ADDRESS: Daeed on data from the Properly Appraisers Office NAP SCALB LS (fi000 ~ane inch = 5W feet) PATEL, YOGI FM1zs map was compiled from recorded dacumen(s ¢nd dces not reflect LEOBVIk an aMual survey. TM1e Bre@rd County Board of Commis.~iours, 019NER NANE(S~~ADDRASS; Property Appraiser, acid CengrapAu Information Services do not assame ~ Notification buffer responsibility for errors or ommissions contained Aereon ~ Parcel~Iol boundaries t I Produced hy; Brerard Cunly Planning k Z¢ninA Office - CLS, October 20, 2006 Numbers on map correspond to maiUng list 1 Pay.,13@ PAY S@ I pquTa0.lmp IO MEMORANDUM TO: Todd Morley, CBO Building OfFcial TO: Todd Peetz City Planner FROM: Ed Gardulski ~ ® ~,F7 Public Works Director ,~1 DATE: December 7, 2006 RE: Special Exception Request Yogi's Food Mart The Public Works Department has reviewed the special exception request and does not have any comments or concerns. Il 4o niq,", q y i ~l ^3p ~y r MEMORANDUM TO: Ed Gardulski Public Works Director m FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: December 7, 2006 RE: Special Exception -Yogi's Food Mart The special exception does not impact stormwater from the site. Therefore, I have no comments. ( l l.7 Yage 1 01 1 Todd Peetz From: John Cunningham ~cunningham@ccvfd.orgj Sent: Wednesday, December 06, 2006 2:51 PM To: Todd Peetz Subject: Re: Yogi's Special Exception 07-01 Todd, We have reviewed the special exception and have no comment at this time. ian9izoo6 13 MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: December 8, 2006 RE: Special Exception for Yogi's Sale of alcoholic beverages I have reviewed the submittal of the special exception review for the above referenced project. The project is consistent with the land development code. If you have any questions, please feel free to contact me at 407-629-8880. 1 / CTTY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET YoQ~ The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site currently has a food and beverage facility constructed on site. The applicant would like to obtain a special exception to sell liquor to be consumed off site. This request for Special Exception for off-premise consumption of liquor should not create an adverse impact to adjacent properties. 2) Will the Special Exception create any unusual police, fire or emergency services? 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, ]ot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The Special Exception shall meet all the requirements of the zwzirzg district in which the request is to be located. The site is not within any restricted distance of schools, parks or churches. 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Adequate ingress/egress currently exists. Access to the subject site can be gained from North Atlantic (A-1-A) and Grant Avenue. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Adequate parking currently exists. y~~ 6) Is there adequate and properly located utilities available or maybe reasonably provided to serve the proposed development (if applicable)? Adeguate utilities are available to the subject site. The facility is currently functioning as a food and beverage store. 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The building is existing. No additional screening is proposed. 8) Are signs and exterior lighting, if any, designed and arranged. so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The building is existing. No changes to lighting are proposed. 9) Is there adequate refuse and service areas? 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? TC be recc,~;zmended by the Plannzng and ZCning Beard and determined by the BCard of Adjustment. 2 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. _ Variance Contiguous Zonis 3. X Special Exception North South East West 4. Administrative Appeal C_1 C_1 C-1 / A-1-A Cocoa Beach CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE -CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES Code Sect. Applicability Yes No PARKING 110-491 LOADING ZONE NA X_ SETBACKS (AlA Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X_ NON-CONFORMITIES NA _ STRUCTURES NA _ LAND USES NA NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Building Official or Designee: I L~~t% Z ~ Signature: ' ~ v 4 i' ~j DIVISION 2. ALCOHOLIC BEVERAGES* Page 1 of4 DIVISION 2. ALCOHOLIC BEVERAGES* *Cross references: Alcoholic beverages, ch. 6. Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions asset forth in this section and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on-premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption ofalcoholic beverages and the property line of the church, school grounds or playground. (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on-premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection 110- 171(a)(2) are: a. Restaurants seating 200 or more persons. b. Hotels and motels which are approved in accordance with City Code. c. Restaurants licensed by the state division ofalcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. 2. Consumption of food and malt beverages shall be on premises only; however, food carryout without the malt beverages may be permitted. Further, in accordance with Florida law, one unsealed bottle of wine may be removed for consumption off prsmiSBS If purchased-and partially consumed with a full course meal 4prlSist1119 of a salad or vegetable, entree, a beverage, and bread. A partially consumed bottle of wine to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises and shall be placed in a http://library l.municode.corn/mcc/DocView/12642/1 /252/265/267 1 /22/2007 DIVISION 2. ALCOHOLIC BEVERAGES* Page 2 of 4 bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with. A dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages.Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12-month period. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection 110-171(a)(2)c.3. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon theproperty provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. 4. Sale or consumption of malt beverages and wine shall be limited to the time period set by chapter 6. d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02(4). (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only. (4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following information: 1. The outer boundary of the vicinity map, which shall be at least 2,500 feet from the centroid of the proposed establishment's property. http://libraryl.municode.com/mcc/DocView/12642/1/252/265/267 1/22/200 Zvi' DIVISION 2. ALCOHOLIC BEVERAGES* Page 3 of 4 2. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in subsections (a)(1) and (a)(2) of this section. 3. Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(1) of this section. 4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(2) of this section. 5. Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated. b. The site plan map shall be drawn at a scale not less than one inch equals 100 feet and shall indicate the following information: 1. Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. 2. The following information shall be presented in tabulated form: i. Number of parking spaces. ii. Number of restaurant seats. iii. Number of bar/lounge seats. iv. Building area. v. Lot area. c. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits. (b) Any special exception granted under this section may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (2) The establishment has committed substantial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises inGEyding, but not limited to, possession or sale of illegal substances, racketeering, progtj~~ltjon, lewd and lascivious behavior, and unlawful gambling. Prior to any special exception being revoked, establishment shall be provided with minimum due process including notice of the grounds fca~~ cwocation and hearing date, an opportunity to be heard, the right to present evidence, and the fi~ht to cross-examine adverse witnesses. (c) For on-premises consumption of liquors, ~~~#~Ilrants or cocktail lounges shall have a minimum building area of 2,000 square feet acrd ~~~~kin~ capacity of 100 patrons. 1 http://libraryl.municode.com/mcc/DocView/12642/1/252/265/267 1/22/2007 Z.~ DIVISION 2. ALCOHOLIC BEVERAGES* Page 4 of 4 (Code 1981, §642.01; Ord. No. 15-96, § 1, 9-3-96; Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2, 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No. 36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2, 6- 20-06; Ord. No. 04-2006, § 3, 6-20-06) Sec. 110-172. Temporary alcoholic beverage permits. (a) Upon approval of the city manager or the city manager's designee, and receipt of appropriate city permits, the division of alcoholic beverages and tobacco may issue temporary permits without a special exception for the on-premises consumption of alcoholic beverages for the following: (1) Conventions. In convention halls, coliseums, and similar type buildings where there is an existing beverage license, the director of the division of alcoholic beverages and tobacco may, in his or her discretion, issue a permit for not more than five calendar days for the display by manufacturers or distributors of products licensed under the provisions of F.S. chapters 561 through 568, and may authorize consumption of such beverages on the premises only. (2) Nonprofit civic organizations. The director of the division of alcoholic beverages and tobacco may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed three days. All net profits from sales of alcoholic beverages collected during the permit period must be retained by the nonprofit civic organization. Any such civic organization may be issued only three such permits per calendar year. (b) Any person or entity issued a temporary alcoholic beverage permit pursuant to this section shall be subject to the provisions of chapter 6 of the City Code, Alcoholic Beverages, as amended from time to time, including, but not limited to, hours of operation and nudity on the premises. (Ord. No. 03-2006, § 2, 6-20-06) Secs. 110-173--110-190. Reserved. http://libraryLmunicode.com/mcc/DocView/12642/1/252/265/267 1/22/2007 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 Package Sales of Alcoholic Beverages in the C-1 Zornna District. 6870 N Atlantic Avenue Section 23 Township 24 South. Range 37 East. Lots 1-3 and 10-12 Block 73 Avon by the Sea (Yogi's Food and Beverage Inc 1-Yogi 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. Yogf 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 Adjustment. Vole on the motion carried unanimously. G,2r 1~ ~ JOHNSON AVENUE ~r 48' R/W P: I R i ~ I _ _ ~ - - - _ - - ~ awna m yp O ' O n o s 3 . ~ ~ 'd x j a > Ci] o? A~ ~Z Ilv b ~ o o~ _z A ~ ~ ~ p 8 c 0 a 9 p ~ A B ~i m/a ,B> _ 30N3wV 1NVN9 ~ x SITE PLAN g BOWMAN ARCHITECTS k ENGINEERS ~ ~ l( f` ~ 3 ~ 7 ~ YOGI'S FOOD & BEVERAGE ~ n., € II y ~ 8890 N. ATLANTIC AVF.. miawesnr euxxsxs /l t Meeting Type: Board of Adjustment Meeting Date: 1/29/07 AGENDA Heading Change of Use 07-02 Item jj No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: A Change of Use of an Existing Non-Conforming Use request 07-02 to allow Beach Auto to complete expansion of their existing non-conforming use. DEPT./DIVISION: Building Department Requested Action: Consider recommendation from the Planning and Zoning Board for approval of a Change of Use for a existing non-conforming use. The Board of Adjustment may approve, postpone for mare information or deny the request. Summary Explanation & Background: The applicant is Vincent Keenan, representing Beach Auto. They have requested permission to complete their existing non- conforming use that had begun but not completed. The Change of Use is from the current outside storage to being an enclosed use for auto repairs. The project is located on North Atlantic and is adjacent to newly constructed residential uses. The thought is by enclosing the third bay area; the building will function better and be more attractive to [he community. Exhibits Attached: #1 Letter from Applicant, #2 Survey of [he property, #3 Correspondence from the Ciry Attorney, #4 Warranty Deed, #5 Draft minutes of the 1/10/07 Planning and Zoning Meeting. City Planner's Office Department: Building Department To: Ci of Ca e Canaveral ~ ty p C~~ s~- 105 Polk Ave Cape Canaveral, F132920 From: Beach Auto repair, LLC 8200 N. Atlantic Ave Cape Canaveral, FL 32920 Managing Member (Owner): Vincent Keenan 516 Barrello Lane Cocoa Beach, FI 32931 Reference Property: 8200 N.Atlantic Ave Cape Canaveral, FL 32920 To City of Cape Canaveral: I'm in front of this Board to explain the situation with my property at 8200 N.Atlantic Ave, Cape Canaveral. The two Bay Auto Service Center was built in 1957. It has been operating as an Auto repair facility in the C-1 Zone continuously for the last 48 years. In the mid 1970's, the owners of that property started to build on a third bay. Because of a slow down in business they did not finish the work and only completed the foot print and the walls to six feet high. From that time it has been used as a courtyard with a gate. Now I would like to finish the three walls to the proper height of the rest of the building and continue the roof to enclose with a door. This will make the building look complete, and be a much more functional. This will also make the building more attracfive for the community. Si~Eerely, Vincent Keen Beach Auto Repair, LLC Y _ j W _o y° ~ I m F 2 I ~ i w THE NORTH 100 FEET i THE NORTH 100 FEET I OZ j ~ o : - OF LOT 1, BLOCK 1 ~ OF LOT 2, BLOCK 1 i THE NORTH 100 FEET - j o m 1 I OF LOi 3. BLOCK 1 j A g N ~ 150. 00 ~ (PLAT) ~ ^ 1 49. 90 I (MEAS) v j N89' 5Ti4T E o j MgTER NETEq I m 1 55.15 I FOUNp •5 gEBgq - i 5HE0 m I fgILEN ENC. LB 0661 m I THE SOUTH 25 FEET I 14.1 I ~ 0 Q ~ OF LOT 1. BLOCK 1 i THE SOUTH 25 FEET ~ THE SOUTH 25 FEET J I ~ OF LOT 2. BLOCK 1 OF LOT 3, BLOCK 1 _ .-I I _ m I . W m I 5.Im r_____________ I ~ GRASS ggEq 1 c I M ~ 3B.B I]•I 1 GUY Mf REfi 20 Ww Q I m CONCRETE 1 ~ 51.64 W _J ~ OgIVEMAY ~ ~ F W ~ I gls¢M F Q m I W j ~ 3 1 utinl I ' I I ~ N m ~ ,~1 lO 41.46 2.0 1 0~• ~ 2 I W I I 2 1 N; y J` m. I m H I~ 261 ^m ~ 1 0 I C Iti e~ I I V I A pW Y 8.3 O 29.8 ~ N f-1 I ~ ~ - "I 0 I 6B. Z1 I U] ~ I 1 I 1 I Q j y F N m NONI TBRI NG HELL i i y ~ I d~ 0 1 I 6Q J I{~ Q I I 2 1 U dY I m P I y I m 51 O1 = I 5lP 1, m o ~ 5)P ~ I Gl Q I m W I ^ Bl V J I rc I ti z ~ MON[TOg10NG HELL ~ y ~ OJ ^ I I 1 I w I I I O i T I SIGN i ~ ~ S89' 57' 48'j W B, 55' NEApEq CURBING i 1 50. 60 (PLAT) i I SET Ngll $ pl fiC ~ 149. 90 f HEAS) 0 C ~ lL8 41191 Gq5 VgLVE SET •5 gEBgq ~ LLB 41191 • M[qM CUgB !CUTTER _ ADAM_S_ AVENUE (50 -RIGHT OF-WAY) ------~sanlraR sEwER HoNHaLE-------------------------- T~~{.f q' Y( " rJ.• r ACE q~,O.. s~ 9 - ~ City of Cape Canaveral _ - _ - December 12, 2006 t C/JE CANAVER6L ~ NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): t, Request No. 07-02 Notice is hereby given by the City of Cape Canaveral, that applicant Vncent Keenan 516 Barrello Lane, Cocoa Beach, FL 32931 has requested a Change of Use (used in conjunction with a noncenforrnine structure and oremisesl pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-195(e) for the property described as follows: Legal Description: Township 245, Range 37E, Section 23, South 25 Feet of Lots 1, 2, 3 and Lots 9-11 Slock 1, Avon By the Sea. Parcel 1D: 24-37-23-CG-00001.0-0001.01 (8200 N. Atlantic Ave., Cape Canaveral, FL 32920) (Beach Auto Repair, LLC) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 10, 2007, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning 8: Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. tf a person decides to appea! any decision made by the Planning and 2aning 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 proceerngs is made, which record includes the testimony and evidence upon which the appeal is to be based. This noSce does not constitute consent by the City for the inboduclien or admission into evidence at otherwise inadrrnssib/e or irrelevant evidence, nor does it author¢e challenges or appeals not otherwise atlowed by law. Persons with drsabi/flies needng assistance to parOCipate in any of these proceedings should contact the City Clerk's ofice (868-1221), 48 hours in advance of the meeting, Susan Stills, CMC City Clerk ma 5 15,15, a1~ ,ILA II a°: o e r - acwrtnx~ aian. , ,al n.J ! s po ~ Sc] ~ JEP ~ 10> Polk Avenue `st'fi)fFiee Bo: ~6 Q~dlnaveral, FL 33920-0326 Tzlzphonz: (321) 568-1220 SLTiV OM: 9~2~~~ • FAX: (321) 868-L4S w~wemy-t7orida.com'capz z-mail: ccapecanaveralC~ctl.rr.com BROWN, GARGANESE, WEISS & D'AGRESTA, l'.A. Attomey.r at I -aa~v Debra S. Babb-Nutchern Offices in Orlando, Kissimmee Joseph E. Blitch Usher L. Brown' & Cocoa Victoria L. Cecil Suzanne D'Agresta° Scott J. Dornstein Anthony A. Garganese° Andrew M. Fisher J.W. Taylor ~ Katherine W. Latorre Jeffrey S. Weiss ~ Paul H. McLester Amy J. Pitsch 'Board Certified Civil Trial La er I I~/ v+Y ~ Erin J. O'Leary "Board Certified City, County & Local Government Law Of Counsel January 9, 2006 Via Email and U.S. Mail ~~'~i~H~ Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920 Re: Expansion of Existing Nonconforming Use Beach Auto Repair - 8200 N. Atlantic Ave. (City of Cape Canaveral General 513-001) _ - Dear Todd: This correspondence is in furtherance of your request for a leoal opinion regarding whether the City Code allows for the physical expansion of a structure which currently houses a nonconforming use. Executive Summary A plain reading of the City Code prohibits the physical expansion of Beach Auto Repair. Section 110-195, City Code, provides that no existing structure devoted to a nonconforming use shall be reconstructed or structurally altered, except in changing the use of the structure to a permitted use in the district in which it is located. While the City Code's intent to discourage the continuation of nonconforming uses is stated fairly clearly, section 110-195(8) allows for Beach Auto Repair to seek approval of the expansion from the City's Board of Adjustment based on a "change of use." In general, section 110-195(8) of the City Code may arguably allow the Board of Adjustment, in certain circumstances, to grant a change of use from one nonconforming use to another nonconforming use so that Beach ALltO is made mnra rnrY~p~tlble with the S''•~^"^'~t'ig ar2a. 411 V UI IU11 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Todd Morley, Building Official January 9, 2006 Page 2 Facts You explained that Beach Auto Repair ("Beach Auto") is an automotive service station that has been operating within the City for over 30 years. Beach Auto is located in the C-1 zoning district. Automotive service stations are currently permitted in the C-1 zoning district by special exception only. Beach Auto does not have a special exception, as it has been operating prior to the enactment of the City's zoning code, and is therefore considered a nonconforming use under the current City Code. You also indicated that Beach Auto does not qualify for a special exception under the current City Code because it is located within 2,000 feet of another existing automotive service station. The special exception criteria for automotive service stations requires that they not be erected or located within 2,000 feet of the property line of another service station. See § 110- 334(c)(3)(q), City Code. Beach Auto seeks to obtain a building permit to increase the size of its existing structure which houses the automotive service station. The improvements to the existing structure would enclose an existing open-air courtyard. You provided that the courtyard's construction was permitted by the City sometime in the 1990's and that the courtyard includes six (6) foot high brick walls, a gate to allow vehicle access to the courtyard, as well as parking and drainage improvements. There are currently automobiles and automotive parts being stored within the courtyard area. Further, there is a two-story townhome project being constructed immediately to the north of the Beach Auto facility. The second ~tory_.of_the~ovunhome~wiWikelyh~v~clearyi~w~ntQ_ he courtyard and will likely_be_____ impacted by noise coming from the courtyard. Ynn haves ackad whPthar the ('ndP r~q iir c B ash A ito to Obtain a pEGlal exception prior to the issuance of a building permit to increase the size of the exiting building, or whether the Code-prohibits such physical expansion of a nonconforming use. This opinion is based strictly on this factual scenario, as set forth herein. Analysis Generally, a municipality may impose reasonable restrictions on the expansion of a nonconforming use. Johnson v. Orange County, 342 So. 2d 1031, 1033 (Fla. 4th DCA 1977). However, the right to continue a nonconforming use does not include a right to extend or enlarge it. Anderson's American Law of Zoning, § 6.45. The City of Cape Canaveral City Code addresses nonconformities insections 110-191 through 110-198, and provides that the intent of the Code is to permit nonconformities to continue, but not to encourage their continuance, and that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. See § 110-191, City Code. Specifically, section 110-195 addresses nonconforming uses of structures or of structures and premises in combination, and allowsforthe continued use of nonconforming individual structures where that use was lawful at the date the ordinance enacting the ~1. Todd Morley, Building Olticial January 9, 2006 Page 3 section was adopted. Such continued use is, however, subject to several conditions. One of those conditions, set forth in subsection (1) provides: No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved orstructurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. (Bold emphasis added). This subsection clearly prohibits any reconstruction or structural alteration to a structure which houses a nonconforming use. Thus, any expansion of Beach Auto, including enclosing the existing courtyard area, is generally not permitted under the City Code. Notwithstanding the aforementioned strict prohibition, the nonconforming use provisions of the City Code also seem to afford a limited amount of relief for property owners with nonconforming uses. For example, section 110-196 permits repairs and replacement of nonconforming structures. In addition, and perhaps applicable to Beach Auto's situation, section 110-195(8) allows for property owners to seek approval from the Board of Adjustment fora "change of use' from one nonconforming use to another nonconforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding area. Clearly, it is the intent of section 110-195(8) to afford an opportunity for a property owner to change a nonconforming use to another nonconforming use hat is more compatible with the_ surrounding area. In order to enclose the courtyard, Beach Auto may desire to petition the Board of _ A~i~~ctmPn} under cartinn 110-1A5(8) and argue that n to ina the cou and constitutes a change of use that is a more restrictive, less intense use of the property. Furthermore, the enclosed courtyard wouid arguably be more compatible with the surrounding area, especially in light of the new adjacent townhomes. The Supreme Court of Pennsylvania addressed quite a similar set of facts in Schneider v. The Zoning Board of Adjustment of the Borough of Whitehall, 133 A.2d 536 (Penn. 1957). In Schneider, the court considered whether enclosing a loading and unloading platform would constitute an expansion of a nonconforming use. The nonconforming dairy business operated in a residential zone and soughtto eliminate some of the undesirable elements of its business by enclosing this loading area. Instead of the diary trucks being loaded and unloaded in the open air, the loading would take place within an enclosed building. The court held that the Board of Adjustment was in error in refusing the dairy business's request to construct a loading platform. Specifically, the court provided: It is apparent that the enclosing of the loading and unloading platform would not be an expansion of the dairy business but simply an enclosure of what is already being done; that it would eliminate many of the undesirable elements of the Todd Morley, Building Official January 9, 2006 Page 4 loading and unloading of milk and would not adversely affect any of the nearby residents. Id. at 538. While the court's analysis in Schneiderwas based on a code provision significantly different from the strict prohibition found in the Cape Canaveral City Code, the analysis lends support to a finding here that enclosing Beach Auto's existing courtyard would cause the nonconforming use to become more compatible with the surrounding area. We render no opinion, however, whether or not this argument would be convincing to the Board of Adjustment. Further, during our tenure as City Attorney, we do not recall any prior applications submitted pursuant to section 110-195(8), and therefore, we are not aware of any local precedent that my be helpful. If such an application is filed by Beach Auto, Chapter 110, Article V. Nonconformities, should be construed in pan materia, which requires that all the sections with regard to nonconformities be construed together. Moreover, since nonconforming use provisions are essentially zoning ordinances, they should be liberally construed in favor of the property owner. See Clark v. Richardson, 211 S.E.2d 530, 531 (N.C. App. Ct. 1975). Conclusion The Code generally prohibits the proposed physical expansion of Beach Auto _ Re aip r based on its current nonconforming status. However, under the provisions of section 110-195(8), Beach Auto may seek approval of the Board of Adjustment that the proposed expansion would be a "change of use,"therefore causing Beach Auto to be more compatible with the surro coding area Please keep in mind that this opinion is based on the factual circumstances surrounding Beach Auto, as represented herein. Should another nonconforming use desire to similarly change or alter its existing structure, an individual determination would have to be made at that time as to whether such change would be permitted underthe City Code. Furthermore, as always, a property owner is also free to petition the City Council to amend the City Code to address the situation at hand. I hope you find this opinion helpful. Please contact my office with any questions or concerns you may have regarding this matter. Very Truly Yours, Kate Latorre Assistant City Attorney nr_r~~i~Y4 Rni~rher Cit`f Manager L a~ne MBKugelmannrn To: III I I II IIIIIZII3II VIII Ilitl IIII Illl~llllia II Fidelity National Title Insurance Company of New York oR Book/Page: 5086 / 3063 1 355 N. Courtenay Parkway, Suite D Merritt Island, FL 32953 _ Scott Ellis File No. 03-008-188303 - ----Clerk OfHourts,-Brevardc-ounty #Pgs:2 #Names:3 Property Appraiser's Parcel I.D.(folio) Number(s) Trust: 1.50 Rec: s.oo Serv: o.oo 24-37-23-CG-1-1.01 Deed: 1,797.60 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 SSft: WARRANTY DEED THIS WARRANTY DEED dated September 30, 2003, by Charles F. Schanuel and Wanita R. Schanuel, husband and wife hereinafter called the grantor, to Beach Auto Repair, LLC whose post office address is 516 Barrello Lane ,Cocoa Beach, Florida 32931, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of S10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all the certain land situated in Brevard County, Florida, viz: South 25 feet of Lots 1, 2 and 3, Block 1, and all of Lots 9, 10 and 11, Block 1, Avon-by-the-Sea Subdivision, according to the plat thereof, as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida Subject to easements, restrictions, reservations, and limitations of record, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. warranty Deed Ilndividual m Intlividuall Rev 11 i/02111naivi.wptll Page 1 of 2 ii~iiii iiiiiiiiiiiiiiiiii~iiiiii i iii iiiii ii ii CFN.2003322831 oR 6ook/Pege: 5086 / 3064 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, aled and delivered in the presence of: Witness Signature) Charles F. channel ( 'n Name of W' s Wanita R. Schanuel ( ss Sig ature) (Print Name of~ fitness) (Address and Phone Number) STATE of COUNTY of I HEREBY CERTIFY that on this day, before me, an Office~r /duly utho~ ed in he S~~ta1e afore~d~nd the Co~nty aforesaid to take acknowledgements, personally appeared ~y"kt(~pt s ~ /„~----~.,c%,. ,.,C-Q. to me known to be the person(s) described in or who has/have produced Tr ' as identification and who executed the foregoing instrument and he/she/they acknowledged before me that he/she/they executed the same. WIT ESS my land nd o icial seal ig~e County and State last aforesaid this ~ day of 20 GCS . L[ANNE M. KUG[LMANN Notary Signature Notary Public - Sf afe of Floritlo MyCommissinn Exp~:res Dec 122 - •~4~_`~'~ r.^.mmis5ior,bDDlo9295 ~~y Ea~aea°yNOfionalNCtaryAssn. Printed Notary Name My commission expires: wzrranry Deea Ilneividual ro Ineividwp Rev 11 z/0210ndiviwpel Page Z Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 6, 2006 Re: Petition for Change of Use- 8200 North Atlantic Boulevard I have reviewed the request for the non-conforming use located at 8200 N. Atlantic Boulevard. I have the following comments: 1. According to the submitted survey, the existing building does not meet the special setback of 50 feet from North Atlantic Boulevard as required by Section 110-536 of the Land Development Code. The survey delineates the front of the building as being 41.46 feet from the property line. 2. According to Section 110-337, Minimum setbacks, the 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. 3. The current use of the subject site (service station) would normally require a special exception as permitted by Section 110-334. However, this is anon-conforming use. The current structure was constructed in 1957. 4. The proposed enclosure of the bay would create a more compatible use with the existing residential development adjacent to and north of the subject site. These improvements have the potential to reduce the negative visual impact as well as noise due to auto repair practices on site. If you have any questions, or need further information please feel free to contact me at 407-629-8880. 11 ' 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 Chanae of Use (Used in Conjunction with aNon-conforming Structure and Premises) in the C-1 Zoning District 8200 N Atlantic Avenue Section 23 Township 24 South Range 37 East Avon the Sea, South 25 Feet of Lots 1, 2 3 and 9-11 Block 1 Avon by the Sea (Beach Auto Repair, LLC1-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 anon-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 ft. 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. Mr. Keenan advised that this will make the building look completed, be much more functional, and more attractive fqr the ccm~m~u~nity. 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 Latarre, 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 fora "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. i~3 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 Reauest 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 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 any one time. Discussion followed regarding restricting the number of vehicles. Meeting Type: Board of Adjustment Meeting Date: I/29/07 AGENDA xead~~g Special Exception 07-04 Item # No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: A Special Exception Request Sale of Convenience Goods for Service Station Customers 07-04 in a C-1 Zoning District. DEPT./DIVISION: Building Department Requested Action: Consider recommendation from the Planning and Zoning Board for approval of the sale of convenience goads for service stations customers in the C-1 Zoning District. The Board of Adjustment may approve, postpone for more information or deny the request. Summary Explanation & Background: The applicant is Jay Jasperson, representing Banana River Petro, LLC. The subject property is currently the CITGO gas station located on Astronaut Boulevard. The applicant wishes to construct or located anice/water vending machine on the property. The Vending machine is approximately 10'x24' in size. Exhibits Attached: #1 Application, #2 Worksheet, #3 Notice [o surrounding property owners #4 Radius Map #5 Pictures of similar products, #6 Staff comments, #7 Draft Minutes of the 1/10/07 Planning and Zoning Meeting. City Planner's Office Department: Building Department City of Cape Canaveral I ~ ~ ~ xCe~~I bn Building Department (Please Print Legibly or Type) . 1 ,st[ O.1 DATE FILED FEE PAID z5~'~.C°i-' DEPOSIT' ~ g`t iuc 1•l25'1-~`_ RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) ~'Id JTrC~ ATt LAN ~ (C~ ~L~-r~2 U~n1Jtn}>;: ~csrc.p~'~~ Address of request applicable) ~ ( ~S .:2p1J'At! i' fs' ( 1~,9 , Legal Description: Lot Block_Parcel r~~s Subdv Section a3 Township Range ~ ~ STATEMENT OF FACT: State of Florida, County of Brevard; I .~+5~ JY>~~c24-, .being duly sworn, depose and say that: I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): ~j~il~lA~ ~t~~~ i7ET2c> 1 Lt, G Address:`j'~o~ lal~PblsJ`+' D2 Slide= ~~1 ~.oG~A~ ire. 3~.~},~.(, Home Phone WorkPhone~~e-b~S~~ E-Mail Applicant(s)Names(s): JA~P~,"a,1,J Address: 55~~ IJ. VS F(~~Y g.. (y1t1^/1 j~o. Vic. 3.~5 i Home Phone~$S- O~'f~ Work Phone~Q3 ~~'J'32 E-Mail.~bYJA3'~ R~Nnc- ~Ll.- . r=o~^~0 All rma 'on ketches and data contained and made part of this request, are honest an e to e st of my knowledge and belief. Signa re of Ap licant Swoprn//-to,r,and subscribed before_, nm^(/e~~,_on this .ZO day of NOUemb¢~ , 20 0.6 , gy'•ayfi snemARObweiiar /V /~.C/Vl~- l'j". Q~rZl~X~- pCres February 1D720074 Notary Public, State of Florida The completed request form and the $250 filing fee must be filed as follows: Requests for ' Vaziances, Rezoning and Special Exceptions (Except Telecommunicafion Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Boazd Meeting; Request for Telecommunicafions Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section " 110-92) rtiv *a na m r~ ;i1 1~r}~~'t1; 1(:;`,a ~'~?011 pl)I ('LEI ~ $~~O,i1fi Z ©J~~c~[~ City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2~d and 4~ Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 1. NAME OF APPLICANT(S) JiL~ J~$Q~~R3tJ ADDRESS (if assigned) PHONE # ~°3- 3~3:x FAX #~-7 - ~.~:~a E-MAIL-~~Si~S~aZ~~~~ Q ~ac_.cw~ 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCEL: v~S S_ SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: ~ ~ TOWNSHIP RANGE 3 ~ DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) ~~.c.-CiaN ~ i d-33~c 3 G ~ 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) C _ 1 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and Cpn ~~eryanCe~ 4,;raffiC f10~~~ and COnt''Ol, and emergency access In C3S2 :,f fire or medical emergency. 4 (b) Adequate off-street parking and loading azeas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities aze available or may be reasonably provided to serve the proposed development. (d) Adequate screerung and/or buffering will be provided to protect and provide compatibIlity with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUES/T (attach additional sheet if necessary): ~C+ (~'-~S`~"PC,C.. t«/c.~~c~ y°.~fv~~'J~ ~.tct-i~t'~1s 5 THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: *Paid receipt from Finance Department for $250.00 Application Fee. *Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 6 CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet aze two-fold: (1) to assist the Planning and Zoning Boazd and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (Building Official or Designee to Verify) 1) Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. N 2) Will the Special Exception create any unusual police, fire or emergency services? N 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? y~ ~ 4) Is there adequate ingress and egress, with particulaz reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Y~ 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? y~ 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? y~ s 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Y~ S 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompa~ibilit-y, and dish ar~i~ony with adjoirwlg properties? 6 ~ a I 9) Is there adequate refuse and service areas? vc_S 10) Do the setbacks, landscaping, and open space met the 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? i c~~v(~tii,2. ~~DirJrd. tL~IJrJ~ fS ~N crr~M-t~nl ~ i/~N~Ju`-~ /v'1'~Giltr.~~ QQ.f~'nt ~~F +Io~!'.S ~DY~Y ~ 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? v~S 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? yL'`. J 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? ~~Ls- 15) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? . • Y~ s 16) Should the Special Exception be specifically granted to the petitioner or run concurrently with the property? y f' C 8 ! /.1 r ' , i i' 5~;, i A. A,y~a 3E, 9 City of Cape Canaveral ~~nar December 12, 2006 C4PE C4RAVERAL NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request No. 07-04 Notice is hereby given by the City of Cape Canaveral, that applicant Jay Jasperson, 5325 N. US Highway 1, Mims, FL 32754 has requested a Special Exception for the Sale of Convenience Goods (IcelWater) at an existing Automotive Service Station in the C 1 Zoning District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Sectron 110-334(c)(3)(g)(8) for the property described as follows: Legal Description: Township 245, Range 37E, Section 23, Parcel 255, Avon by the Sea. Parcel ID: 24-37.23-00-00255.0-0000.00 (8101 Astronaut Blvd., Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on Wednesday, January 10, 2007, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustment with respect to the above-named property. The final administrative approval or denial will come before the Board of Adjustment at a subsequent scheduled meeting. Since your property may be located within 500-feet of this property comments can be made in person or may be submitted in writing at the Planning and Zoning Board Meeting or to the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920. if a person decides to appeal any decision made by the Planning and Zoning Board with respect to any maderconsiderad atthis meeting, that person wi® 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 recoN includes the testimony and evidence upon which the appeal is to be based. This notice does not wnstitute consent by the City for the introducffon ar admission into evidence of otherwise inadmissible or irrelevant evidence, nor does ti atrthodze challenges or appeals not otherwise agowed by law. Persons with disabdilies needng assistance to participate in any of these proceeongs should contact the City Clerk's ofice (888-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk I vo n "B r 9)I ~i5 a_' T ~L1 .5 s5E .50 ~NBN DR .a 94.... ~ _G ga~OQC i ' "I8Y® ~ - ~e '~',~~I-s~~~ .'S ~ORCT'IITaT~~~ ~ ~..SI1t~-- ~ _ EI S pia B~ \ ~ _ moo ~ . ~2.. 105 Polk Avenue ~Canaveral, FL 32920-0326 T lephone: (321) 368-1220 SLTNCOM: 932-1220 FAX: (321) 365-1348 www.m~florida.com/cape e-mail: ccapecanaveralC~ctl.rr._om RADIUS MAP ~oR ~ 1 CwnvN+aw S 9 $ r r 1 W' W ID 11 ID ~ EI wcvyms w muwm w A ~ ID V;, nonw n Js 3! W i M N aw earr ro v roan rm ~ ~ a ~ m m m m m m v m ae m m n iB ' W 6 ~ ID W VI ~ •~vmw •v aB I~~ Jt I~ ~Luoxna •r JJ~_1 ~.aaox w nceaa .r ~.~wsr-n--- ~J~r~ 'LI I'III,IIIII~II~_I'IL,1lII_Jfll maw Bmrard County Property Appraiser. !im Ford UUAPER p1SfANCE 5p0 FPJ3P AFPLICANT NAF(E(S)/ADDRESS: Based on data from 0e Properly Appraisers Office YAP SCALE IS L6Wp (one inch = ru0p (eel) JASPERSDN, JAY This rnup was compiled Jram recorded dacumenLs and does nd reflect 1,Ff,ENR ¢n ¢Mual Taney. Tk Rrewrd County Ra¢rd of Commissioners, ~ Naltlieati¢n 6uf[er DRNER NAYE(S)/ADDRESS: Property Appraiser, and Ccrographic fnJormation Services da not ¢savme respousi6ility Jor errors ar ornmuytionx crmlained hereon. ~ Panel/lot 6oundarics Prwluced Ly. oorcvard County Planning n Zoning V[fice - G1S, Rovemher 17, EUUti N¢mLers oa map rortespnnd to mailing list PtajJla3 -rAWrW laJenn~a+~ V~ yY ,~i~~ 1 - yy ~ S ~ y{~yy~II ....a y1wi,~ti~ ~ ,.I~. x "~~:'~prs-a'X ` 2'+`N!~#Y3zzi ;i,s N I~.u' i.y L W t, MX~. 'S Pik. ~~~~xf ~`S. ~Yia .t 3 r ~'~'si r .z=l- ~~ti..i'.' t_;;1. ~ , ;y ~ ` ..'Z' a ~ ; if fA t n ~ y § r " <9 a n„ 1 , r' i I ~ ~ ~~-G~c i h^ \J L, / rl „r r L i'F xa 4!~ ne;~ ;y r i£ +i .Y std.. k ~ '.I' d a ~ k. ~ z as' ~A4 kae ~ t -xs.x ~~~j ~ L~ ~ Y L}s~£'F 4 e:.'~A~d3 ~Ja 4 ~ I a ~ 7 u' ~ ~ Y ' [ ~ 1. t:, , N~ir t~ r° ~.~..wn'. z ~ ~ I ` - r..j3 1 IY' 1>l r~~.. yk if-~ hx ~;J F~ T ~ ~;a~. `I tf, t 4 S ~ ~ "phi M}.,iN a.6 ~M t' ~K';' a _ K ~~X L p}~„ -^^~'.~ipy~ .3 a U!VSlriNEf00p x "`NC a~ ~ ~s 2 R' k' tai ~ H a 3 k X ~2< ~ x~~ i a3- ~ x ~ ue z ~Fro~ '"q'mhu,F•*w~• "";'~"vs..,t.„+roya~,,.., ..~r ~ «~e~~7~ s~i ' r ~~~iV"i s= E~~~~~'Y[~Ji~4o~~~"~Y~``~ ~m cox l u~ AUTHORIZATION I, Rajendra Shah as Manager for Banana River Petro, LLC, hereby authorized Jay Jasperson to act as my representative to obtain a Special Exception for the purposes of installing anIce/Water Vending Building at 8101 Astronaut Blvd., Cape Canaveral, Florida. Date: Q(p Rajen ah, Manager Banana 'ver Petro, LLC. State of Florida County of Brevazd Sworn and subscribed before me this ~Q ~ day of ~D l/eY~ 2 2006 b Rajendra Shah. ' y who produced identification: or is personally known to me. Seal: _ a~s ~~c~ U,t/I~' C 1 ~ ~ ~Q~Ac~ E, ' ' 9RANDI L MCCLURE azy 'MY (AMMISSIONADD 3907,5 NOt PUb11C At Lazge -r+. EXPIRES: January3p 2009 ,,y aenletl Thru Nopy PobAe U~gemrnert T' ^w:.. 13 cii>_s, taerx Or courts, Hrevarrl County Doc. D: $5250.70 This Instrument Prepared by: O Petty Weigh[ ALLIANCE TITLE OF BREVARO, LI,C ' 7J0 & Strawbridge Ave. ~ I Melbourne, Florida 32901 ///~~~t~ ~ ~'0J1d ass necessary incidentm the fulfillmentof conditions( \ ~SDr4 contained in a title insurance commitment issued by it. ' 1 t ' Property Appraisers Parcel I.D. (Folio) Number(s). 2437-23-00.255 ' File No:106090052 WARRANTY DEED (CORPORATION) This Warranty Deed Made the 16th dsy of October, 2006, by ST Properties I LC, a Florida limited (lability company, end having its place of business at 21 W. Fee Avenue, Suite F, Melbourne, Florida 32901, hereinafter called the grantor, pn, , to BANANA RIVER PETRO, LLC, a Florida Dmited liability rnmpapy, whose post office address is: 402 \\~?il\IP'~I Highpoint Drive, Suite 201, CoCOa, Florida 32926, hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideretion of the sum' of SI0.00 Dollars and odter valuable considerations, receipt whereof is hereby acknowledged, by These presents grenW, bargains, sells, aliens, remises, releases, conveys and wnfinns unto the grantee, all that certain land situate in Brevard County, Florida, viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and so Hoid, the soma in fee simple forever. And the grantor hereby covenants with said grantee that the granter is lawfully seized of said land in fee simple; that the grentor has good right and lawful authority to aeR aM convey said IoM; that the grantor hereby fully warrants dte title to said land and will defend the same against the lawful claims of ell persons whomsoever; and that said land is free of all encumbrances, except taxes aamiag subsequent to 2005, reservations, restrictions end easements of record, if any. (Wl¢re~er used herein the rermr "yrama~" aM "gramee"included all rbe pontes ro Ihk irurrument and the heirs. lezal repraenrali,ns and exrigm aJindlridual , ondehe sueeevors and aui8n+ fe^rporarion.J In Whn¢ss Whereof, the Grantor has caused these presents to be executed in its name, and its mrpomre seal m be hereunto effixcq by its proper officers thereunto duly authorized, the day and year fire above written. Signed, sealed anJ delivered in our presence: ~ L ST Properties I LC, a Forida limited liability company . Witness Signature: U Printed Name: ~{L aio (1i, /~,~„I y~ 'V~ V BY: ~c.~--t Witness Signature: Samuel E. Gornto, Marta in Member Printed Name: g g STATE OF FL DA COIfNTY OF revard i The foregoing instrument was acknowledged before me this 16th day of Oetober, 2006, by Somuel E. Gornto as Mona in tuber T Properties I LC, a Florida Dmited liability company, oa behalf of the company. He i persona own to me who has produced a FL driver license as identification. My Commission Expires: ratrioia s. wagnc ;+d+`'~'q~~a? Commission gDDl91214 ('rimed Name: 'e1; =Expires: Apr 17, 2007 Not Puhlic e~N~~~` Anmtic~BoMmg CO., lnc ~ i EXHIBYT "A" A portion of the Nortbwest 1/4 of the Northwest 1/4 of Section 23, Township 24 South, Range 37 East, Brcvard County, Florida, being more particularly described as follows: From the Northwest corner of said Section 23, run South 1 degree 06' 26" West along the West line of said Section 23, a distance of 196.0 feet; thence run South 89 degrees Ol' 49" East, parallel with the North line of said Section 23, a distance of 40.00 feet to the Point of Beginning of the herein described parcel; thence continue South 89 degrees Ol' 49" East, a distance of 23.08 t'ect to the West right-of--way line of State Road 401; thence Southeasterly, along said right-of-way line along a circular curve to the right having a radius of 5,679.65 feet and a central angle of 1 degree 49' 00" for an arc distance of 180.08 feet to the point of tangency of said curve; thence continue along said right-of--way line South 28 degrees 50' 29" East, a distance of 190.37 feet; thence North 89 degrees Ol' 49" West, a distance of 210.61 feet to a point wliicti is 40 feet East of the West line of said Section 23; thence North Ol degrees 06' 26" East, parallel with the West line of said Section 23, a distance of 320.00 feet to the Point of Beginning. _ 15 i Todd Peetz From: John Cunningham (jcunningham@ccvfd.org~ Sent: Tuesday, December 19, 2006 8:46 AM To: Todd Peetz Subject: Re: Special Exception 07-04 We have reviewed the request and have no comment at this time. 12/19/2006 ~o MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 14, 2006 RE: Special Exception Request No 07-04 Ice Vending Facility The Public Works Department has reviewed the special exception request and does not have any comments or concerns. 17 Se Y ~ Ai ~i ~'``;11~ A~ya~m~p~6]S~, ~r- ~ f (rP.4.ro0M31. ,+r,:1 MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 12/14/06 RE: Special Exception No. 07-04 Ice Vending Machine The proposed special exception does not impact stormwater at the site (area already covered with concrete). Therefore, I have no comments or concerns. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: December 8, 2006 RE: Special Exception for Ice Vending Machine I have reviewed the submittal of the special exception review far the above referenced project. The project is consistent with the land development code. If you have any questions, please feel free to contact me at 40"7-629-8880. r, CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET Ice Vendine Machine The purpose of this worksheet are two-fold: (1) to assist the Planning nd Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the appl cation; and (2) to educate the applicant as to the criteria which must be addressed and satisfi d prior to beginning the special exception consideration process. If the applicant can not sat sfactorily address one or more of the following, this should serve as a preliminary indication t at the request for special exception maybe 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 adjac nt property through the creation of noise, light, vibration, traffic, utility requirements, r stormwater runoff that would not have been created had the property been developed s a principle use in the applicable zoning district. The proposed special exception is for an ice vending machine at an existing gas station. The vending machine will function as an accessory support amenity to the primary use of this site. No additional adverse impacts to adl cent property through the creation of noise, light, vibration, traffic, utility requir menu, or stormwater runoff are anticipated. 2) Will the Special Exception create any unusual police, fire or e nergency services? No unusual emergency services are needed. 3) Will Lhe Special Exception meet all the requirements of the zon ng district in which the request is to be located, such as: lot requirements, building se backs requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscap ng, etc:? The Special Exception has the potential to meet all the requirements of the zoning district in which the request is to be located. 4) Is there adequate ingress and egress, with particular reference to a to and pedestrian safety and convenience, traffic flow and control, and emergency access it case of fire or medical emergency? Adequate ingress/egress currently exists. Access to the subj ct site can be gained from A-1-A and Long Point Road. 5) Is there adequate off=street parking and loading areas available ithout creating undue noise, glare, odor or other detrimental effects upon adjoi ing property owners? Adequate off-street parking and loading areas currently exists. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adeyuate utilities are available io the subject site. The su jeci site is currently developed _ 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The subject site is currently developed. No additional screening is proposed. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The subject site is currently developed. No changes to lighting are proposed. 9) Is there adequate refuse and service areas? There is adequate refuse capacity. 10) Do the setbacks, landscaping, and open space meet the requirements of the zoning district? The subject site meets the setbacks, 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 appears to be consistent and compatible with the surrounding uses. 12) Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? This `Special Exception' request is consistent with the goals, objectives and policies of the Comprehensive Plan. 13) Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public itrterest? To be recommended by the Planning and Zoning Board and determined by the Board of Adjustment. 2 rL~ 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 i' , BUILDING OFFICIAL OR DESIGNEE REVIEW 1. Zoning Amendment 2. Variance Contiguous Zoning 3. X Special Exception North South East West 4. Administrative Appeal G1 C_1 C_1 R_3 CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES Code Sect. Applicability Yes No PARKING 110-491 X LOADING ZONE NA X SETBACKS (AlA Ridgewood/Astronaut) NA X LANDSCAPING 110-566-567 X_ NON-CONFORMITIES NA _ STRUCTURES NA _ LAND USES NA NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11) COMMENTS: No additional comments Date Reviewed by Buil i Official r signee: ~ I ~ Signature: 4 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 2 of 6 (12) Shopping centers and malls. (13) Retail sale of beer and wine for off-premises consumption. (14) Public schools. (Code 1981, § 637.47; Ord. No. 17-96, § 3, 10-1-96; Ord. No. 04-2006, § 2, 6-20-06) Sec. 110-333. Accessory uses and structures. In the C-1 low density commercial district, customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the district, are permitted. (Code 1981, § 637.49) Sec. 110-334. Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: (1) Veterinary hospitals and clinics. (2) Radio and television studios, broadcasting towers and antennas. (3) Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of section 110-566, shall be provided along any property line abutting a residential district or residential uge. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system http://libraryl.municode.com/mcc/DocView/12642/1/252/270/275 1/22/2007 `'Z~ DIVISION 5. C-I LOW DENSITY COMMERCIAL DISTRICT* Page 3 of 6 components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials, restroom facilities. 8. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to section 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. (4) Places in which goods are produced and sold at retail upon the premises. (5) Vocational and trade schools not involving operations of an industrial nature. (6) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Also see section 110-332. (7) Dry leaning establishments using noninflammable solvents and cleaning fluids, as determined by the fire chief. (8) Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (9) New and used automobiles, major recreational equipment and mobile home sales with accessory services, subject to the following: http://libraryl.municode.com/mcc/Docyjew/12642/1/252/270/275 1/22/2007 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/Waterl at an Existing Automotive Service Station in the C-1 Zoning District 8101 Astronaut Boulevard. Section 23 Township 24 South Range 37 East Parcel 255.0 (Citgo Gas Stations - 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 was apre-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. a rri the desk of... ' ~ cam. b7 Doris Prescott To ~ "`K C ~ cam. f~ ~ ~-f-' ~ ~ ~~~Ja. n~ ~ tip ~ v ~~lQ r ~ ' `rte ~ ti~~~, _ ate, ate. a~n.d9~ icy GL~.-~~ cv~„~ 1 ~e 6 ~ 06 ~ GC ~ I 1 ~ w~ ~ GLN~e