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HomeMy WebLinkAboutBOA Agenda Packet 2-12-2007 i 'l E A~,o s F9 ._4,.: ~ City of Cape Canaveral _ ~ BOARD OF ADJUSTMENT MEETING AGENDA CITY OI "'E`°"""E""` 111 POLK AVENUE FEBRUARY 12, 2007 7:30 P.M. Call to Order Roll Call NEW BUSINESS: 1. Motion to Approve the Meeting Minutes of January 29, 2007. 2. Motion Re: Special Exception 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 Subdivision -David Kabboord, Petitioner. 3. Time Extension Request for Granted Special Exception No. 05-14 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14- 28.00000.OOOOA.10, A.25, A.26, and A.27 -Teutons Subdivision - (Oak Lane) -Craig and Mary Stewart, Petitioners. OPEN DISCUSSION: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to 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 that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. 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, FI 32920-0326 Telephone: (321) 868-1220 SUNCOM: 982-1220 FAX: ('?21) 868-1248 www.myflorida.com/cape e-mail: ccapecanaveralCcfl.iccom City of Cape Canaveral Board of Adjustment Meeting Minutes January 29, 2007 A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 29, 2007 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Earl McMillin, Chairperson, called the meeting to order at 7:30 P.M. The Secretary called the roll. MEMBERS PRESENT: Earl McMillin Chairperson Constance McKone Vice Chairperson Paula Collins Robert Laws 'y Jack Childs Alternate OTHERS PRESENT: ~ Susan Chapman Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Bea McNeely Ex-Officio Member Robert Hoog Mayor Pro Tem All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of October 23 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• Special Exception Request No 07-01 to Allow Package Sales of Alcoholic Beverages in the C-1 Zoning District (6850 N Atlantic Avenuel Section 23 Township 24 South Range 37 East Lots 1-3 and 10 12 Block 73 Avon by the Sea (Yogi's Food and Beverage Inc) -Yogi Patel Petitioner Todd Peetz, City Planner, advised that the proper address for this request was (6870 N. Atlantic Avenue), as assigned by the Brevard County Address Assignment department. Mr. Peetz verified that all proper notifications were mailed. Walter Bowman, Representative for the Petitioner, explained that Yogi's Food & Beverage is located at 6850 N. Atlantic Avenue; this special exception location would be located at 6870 N. Atlantic Avenue; and Tip-a-Few Tavern is located at 6890 N. Atlantic Avenue. Andrew Menhart, Attorney for the Property Owner, advised that the special exception request is not for the entire site, 6870 N. Atlantic Avenue is the legal address for this special exception location only. Mr. Bowman noted that the state license has been applied for; the hours of operation will be 8:00 a.m. - 10:00 p.m.; Yogi Patel is the property owner and will lease the space. Brief discussion followed. enc~~~, m Board of Adjustment Meeting Minutes January 29, 2007 Page 2 Motion by Robert Laws, seconded by Paula Collins, to grant Special Exception Request No. 07-01. Vote on the motion carried unanimously. 3. Motion Re: Request No. 07-02 to Allow a Change 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 by the Sea, South 25 Feet of Lots 1 2 3 and 9-11 Block 1 Avon by the Sea (Beach Auto Repair. LLC) -Vincent Keenan Petitioner The Board members reviewed photographs of the existing site. Vincent Keenan, Petitioner, testified that he was requesting to enclose the building in the area that was permitted to be enclosed in 1972, but was never completed. He advised that the area is currently used as an outside work area. He noted that the hours of operation would remain the same. Board member Connie McKone, read a portion of a staff report from City Planner Todd Peetz, dated November 6, 2006, which stated "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." Ms. McKone referenced Section 110-195 of the city code, and voiced her opinion that the request met the intent of the code section. Bill Murphy, resident, advised that he is a satisfied customer and commented that the business is an asset to the area. Chairperson McMillin read a letter into the record from Doris Prescott, resident, who was a satisfied customer, and in favor of the request. Brief discussion followed. Motion by Jack Ghilds, seconded by Robert Laws, to grant Change of Use Request No. 07-02. Vote on the motion carried unanimously. 4. Motion Re: Special Exception Request No. 07-04 to Allow Sales of Convenience Goods (Ice/Water) at an Existing Automotive Service Station in the C-1 Zoning District. (8101 Astronaut Boulevard) Section 23 Township 24 South Range 37 East Parcel 255.0 (Citgo Gas Station) - Jav Jasperson Petitioner Jay Jasperson, Petitioner, testified that he was requesting a special exception to install a State approved water and ice building. He noted that he already received approval from the Community Appearance Board. Mr. Jasperson explained that the building is self contained and fully automated; it is no louder than an a/c air handler at a residential home; the building is insulated to reduce noise; and the building runs on electricity. Brief discussion followed. Motion by Earl McMillin, seconded by Paula Collins, to grant Special Exception Request No. 07-04. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes January 29, 2007 Page 3 5. Election of Chairperson and Vice Chairperson Earl McMillin nominated Connie McKone for Chairperson. Robert Laws nominated Earl McMillin as Chairperson. By unanimous consensus, Earl McMillin was re-elected as Chairperson. Jack Childs nominated Connie McKone for Vice Chairperson. Being no other nominations, Connie McKone was elected Vice Chairperson. OPEN DISCUSSION Susan Chapman, Board Secretary, polled the Board members to schedule the next meeting on February 12th. Earl McMillin advised that he would be out of town. All the other Board members were available to attend the meeting. There being no further business the meeting was adjourned at 8:00 p.m. Approved this day of , 2007. Earl McMillin, Chairperson Susan L. Chapman, Secretary tneeung type: Board of Adjustment Meeting Date: 2112/07 AGENDA Heading Extension of Special Exception OS-14 Item ~ No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: Extension Request of Special Exception OS-14 to allow residential use in the Commercial C-1 zoning district. DEPT./DIVISION: Building Department Requested Action: Consider a request for extension of special exception OS-14 to allow residential in the Commercial C-1 zoning district. Per City Code 110-32, an extension of 12 months may be granted to an applicant if they can show good cause for the delay. Summary Explanation & Background: The applicant is Mr. And Mrs. Craig Stewart, thcy received a special exception on 7anuary 23rd 2006, and are requesting an extension pursuant to the City Code 110-32. Mr. Stewart is citing the residential market conditions as the primary reason for the delay in proceeding with the development. This request is for another 12 months. The Planning and Zoning Board recommended approval of the extension. Exhibits Attached: 111 Letters of request for the extension, N2 P&Z minutes, N3 BOA Minutes, Jt4 BOA Legal Order, k5 Code Section 110-32, 116 Drafr P&Z Minutes. City Planner's Office Department: Building Department From: Craig S & Mary C Stewart D ~ [ ~ ~ 300 Columbia DR #3301 of ~ 2 -ooZ Cape Canaveral, FL 32920 JAN 1 2 2001 r;,-~~~''~'~~-! ~-2 r-~tY Council 1,~ c.,ty AdP,r___ Ci~y Pdty. ~ ~h IrV n~ ' D'r...__. To: The City of Cape Canaveral ~ ~ ,K ~~ri 105 Polk AV '~~'Z--~~~_. Cape Canaveral, FL 32920 Ref: Special Exception No. OS-14 To whom it may concern; In accordance with City Code Section 110-48 we hereby request an extension of the special exception which was granted by the Board of Adjustment on January 23rd, 2006. It has taken us longer than expected to get the project underway as we are attempting to keep the number of units on the land as low as possible. This has proven a time consuming challenge given the complete stoppage in the residential real estate market. We appreciate your consideration for this request, ~ Craig ~ V~ew rt oi~,.r o Mary Stewart PLANNING & ZONING BOARD MEETING MINUTES DECEMBER 14, 2005 A Regular Meeting of the Planning & Zoning Board was held on December 14, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p. m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson 1st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem Jim Morgan Council Member Leo Nicholas Council Member Todd Morley Building Official Jeff Ratliff Public Works Representative NEW BUSINESS: 1. Approval of Meeting Minutes• November 30 2005 Motion by Lamar Russell, seconded by Bea McNeely to approve the meeting minutes of November 30, 2005, as corrected. Vote on the motion carried unanimously. 2. Recommendation to the Citv Council• Utility Easement Agreement Villa Campania -Jeff Ratliff Public Works Representative Jeff Ratliff, Public Works representative, gave an overview of the 25 ft. utility easement for a City sewer line, which would connect to the existing easement on Holman Road. Ray Osborne, citizen, questioned if the development was already approved. Todd Peetz, City Planner, responded that the site plan was under staff review. He explained that the sewer line will be on private property that services that particular project, and would not impact the neighboring properties. Motion by Lamar Russell, seconded by Bea McNeely to recommend approval of the utility easement to City Council. Vote on the motion carried unanimously. s-.~.....~.•.,~.w 3. Recommendation to the Board of Ad'ustment: S ecial Exce tion Re uest No. 05-14 to Allow Residential Use in the Commercial Zonin District Section 14 Township 24 South. Range 37 East Part of Lots A & B also known as 24 37 14 28-OOOOO.OOOOA.10 A.25 A.26 and A.27 -Teutons Subdivision - Oak Lane - Craig and Marv Stewart Petitioners Planning & Zoning Board Meeting Minutes December 14, 2005 Page 2 Todd Peetz, Cit Planner Y ,gave an overview of the special exception request. He advised that the proposed project is located on the south side of Oak Lane, behind the Circle K; the property has an existing special exception for a single family residence and the applicant was proposing a new special exception for ten residential units; the vacant commtercalto the northrand wesbdiMsioPee~tVerified that he prepared the check list and it was correct. The Board members,reviewed the submittal packet. Discussion followed regarding: access, zoning, density, zoning uses, and affordable housing: Craig Stewart, Petitioner, testified that his family plans changed since the previous special exception was granted; he also owns property on Ocean Garden Lane; he plans to construct lower than the maximum density allowed by the city code; the townhouse units and lots will be similar to the Ocean Gardens and Lindsey Court subdivisions; he confirmed the road is only semi-paved and he has a signed statement from the Mayor that the road will be paved in 2006; he verified that the city owns the road; he was proposing to build ten townhouse units; each property will sell for approximately $400,000. Brief discussion followed. The Board members verified that this property is not affected by the existing moratorium. Todd Peetz, City Plariner, depicted properties that currently have residential uses around this property, and advised that Mr. Stewart was proposing less than ten units per acre, which is consistent with the average throughout the city. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of Special Exception Request No. 05-14 to the Board of Adjustment. Vote on the motion carried unanimously. ~...:nm.:..,...~ 4. Recommendation to the Cit Gouncil: Site Plan for Canaveral Bulk Terminal - Randy Mav Applicant Todd Peetz, City Planner, advised that at the Board's request, the site plan was updated. He advised that the Fire department reviewed the site plan and did not have any comments; and the Unity of Title Agreement was submitted by the applicant and forwarded to the City Attorney. He yave an overview of the submitted landscape plan. The Board members reviewed the updated site plan. Mr. Campbell, citizen, asked why a site plan was required. Todd Peetz, City Planner, responded that a site plan is required for structures over. 850 square feet. He explained that the conveyor system will be significantly impacting the property and existing aggregate piles. Randy May, applicant, advised that the aggregate piles consisted of pumice, granite, and lime rock. Mr. Campbell, citizen, voiced his concern that the granted special exceptions were granting more than just storage of aggregate. He stated that the intent of the special exception was storage of aggregate as a subordinate use of the property, but the storage has instead become the principal use of the property. He read an excerpt from a Canaveral Port Authority magazine regarding the project. He voiced his opinion that this business operation was actually a bulk terminal. Mr. Campbell discussed the special exceptions that were granted to this property in 2002. ! Board of Adjustment Meeting Minutes January 23, 2006 A Meeting of the City of Cape Canaveral Board of Adjustment was held on January 26, 2006 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Constance McKone, Chairperson, called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Constance McKone Chairperson Paula Collins Vice Chairperson Robert Laws Earl McMillin Catherine Barnes _ _ OTHERS PRESENT° Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem Leo Nicholas Council Member Bea McNeely Ex-Officio Member Connie McKone, Chairperson, welcomed Catherine Barnes as a new Board member; and welcomed Earl McMillin back to the Board. All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. Connie McKone, Chairperson, asked the Assistant City Attorney if the Chairperson was allowed to make motion. Kate Latorre, Assistant City Attorney, replied that the Chairperson can make motions. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of November 14 2005 Motion by Robert Laws, seconded by Paula Collins, to approve the meeting minutes of November 14, 2005. Vote on the motion carried unanimously. 2. Special Exception Request No 05-14 to Allow Residential Use in the Commercial Zonmg Distract Section 14 Township 24 South Ranoe 37 East Part of Lots A & B also known as 24-37-14-28-OOOOO.OOOOA.10 A.25 A.26 and A.27 - Teutons Subdivision - (Oak Lanel -Craig and Marv Stewart Petitioners Craig Stewart, Petitioner, testified that he was requesting a special exception to build residential in the commercial zoning district; the property is basically surrounded by residential; he wanted to build duplexes similar to the Ocean Gardens Subdivision; he was requesting less density than what is required by code; he would save as many existing trees as possible; and explained changes in his family plans to develop the property since the previous special exception was granted to construct only one unit. ~i Board of Adjustment Meeting Minutes January 23, 2006 Page 2 Chairperson McKone questioned if the road was built to City standards. Todd Peetz, City Planner, explained that the road would need to be brought up to City standards. He noted that the Public Works Director had no comments or concerns regarding the road. He advised that the road will be reviewed during the site plan review. Craig Stewart advised that public works has installed substandard type material already. He further advised that there is existing sewer, electrical, and cable; and the water lines should be installed before the road is paved. He advised that he intended to build only 10 units, and planned to sell the lots and let someone else build. Earl McMillan advised legal counsel that that Board can not limit the number of units than what the code allows. Kate Latorre, Assistant City Attorney, responded that the Board would be remiss to allow fewer units than what the code requires. However, the Board may impose reasonable conditions. Earl McMrllin rebutted that according to the City Attorney, limiting the _ number of units is not reasonable_ Todd Peefz~ City Planner,-advised thaf there are special exceptions that have been granted for a limited number of units. Craig Stewart, Petitioner, reiterated that he was only asking for 10 residential units to be approved. Kate Latorre read a portion of the City Attorney's letter, dated April, 2004, regarding establishing reasonable conditions of approval. She noted that if limiting the number of units will reduce a substantial impact, then the Board could grant a request limiting the number of units. Ray Osborne, citizen, questioned if the Board could grant approval for a single family residence in the commercial zone. Earl McMillin responded yes, the Board could and they have in the past. Ray Osborne advised that he was opposed to this special exception because this development was not good for the area. Craig Stewart rebutted that the proposed project will be similar to Ocean Gardens and Lindsey Court, which are beautiful. He stated that he does not want to build 15 units, which is allowed by code, he was' only asking approval for 10 units. Ray Osborne read a letter into the record. He voiced his opinion that this request did not comply with Comprehensive Plan Section H- 9.3, and LU-5. He commented that the project is not in the best interest of the City and would not be affordable. Earl McMillin read a portion of a letter from the City Planner stating that the City should promote single family. Todd Peetz responded that the City has zoning available for single family. He noted that there was a City workshop meeting scheduled for January 31, 2006 regarding residential use in the commercial zone, and invited all Board members and the audience to attend. Robert Laws stated for the record that he loves Cape Canaveral. Bea McNeely, ex-officio member, pointed out that this request is to change the use of the land; the zoning will stay the same. Discussion followed. Motion by Robert Laws, seconded by Catherine Barnes, to grant Special Exception Request No. 05-14. Discussion followed. Chairperson McKone advised that the Board acts and adheres to the codes that are given to the Board. The Board applies the rules that are allowed by the Code. Voicing personal opinions is not theirjob. Ray Osborne commented that there are community values that the Board can act on. Earl McMillin advised that he had attended the December Planning & Zoning Board meeting, where he learned that the City has 8.8 acres of commercial per thousand people; it should have 12.5 acres of commercial. Todd Peetz responded that the information was based on 1999 statistics, and the city has added commercial acreage since then. C~ y, ~ Board of Adjustment ' Meeting Minutes January 23, 2006 Page 3 Catherine Barnes moved to amend the main motion to limit the Special Exception to 10 units, as requested by the petitioner. The amendment was seconded by Earl McMillin. Discussion followed. Vote on the amendment carried by majority vote with members voting as follows: Catherine Barnes, for; Paul Collins, for; Robert Laws, for; Connie McKone, for; Earl McMillin, against. Vote on the main motion carried by majority vote with members voting as follows: Catherine Barnes, for; Paula Collins, for; Robert Laws, for; Connie McKone, against; Earl McMillin, against. 3. Election of Chairperson and Vice Chairperson Robert Laws nominated Earl McMillin as Chairperson. Earl McMillin nominated Connie McKone as Chairperson:- Connie McKone seconded the nominafion for Earl McMillin as Chairperson. Robert Laws moved to close nominations. Earl McMillin nominated Connie McKone as Vice Chairperson. Robert Laws moved to close nominations. Earl McMillin was elected as Chairperson, and Connie McKone was elected as Vice Chairperson. OPEN DISCUSSION Ray Osborne asked the Assistant City Attorney what the procedures were for filing an appeal to the appellate court. Kate Latorre directed him to City Ordinance No. 11-2005, amending Chapter 110. She advised that appeal procedures were provided in Section 110-33. There being no further business the mee_t~ing was adjourned at 8:35 p.m. Approved this (~+h day of _ p , 2006. Connie McKone, Chairperson ~ N"1~ , usan apman, Board Secretary e4A~~A~'d O{. s~ - . - City of Cape Canaveral _ -`CRY OR . cwve cax~vewu Febmary 1, 2006 Craig S. and Mary C. Stewart 300 Columbia Drivc # 3301 Cape Canaveral, FL 32920 RE: Special Exception Request No. 05-14 to Allow Residential Use in the Commercial Zoning District, Section 14, Township 24 South, Range 37 East, Part of Lots A & B, also known as 24-37-14-28-00000.OOOOA.10, A.25, A.26, and A27 -Teutons Subdivision - (Oak Lane) -Craig and Mary Stewart, Petitioners. Dear Petitioner(s): The Board of Adjustment of the Ciry of Cape Canaveral has heard information and testimonypertairting to your request at the meeting held on the 23rd day of January, 2006. Based on the testimony and information provided, the Board of Adjustment has granted your request to allow residential use in the G 1 zoning district at the above referenced location, with the following condition: • The special exception is limited to (10) units. As per City Code Section 110-48, Anyspecial exception granted under this chapter shall expire if the applicant has not obtained a certificate of occupancy or occupational license as appropriate and utilized the special exception within 12 months of the date of its issuance; provided, however, the Board of Adjustment may extend this time period by an additional 12-month period if the applicant can show good cause for the delay. If the applicant desires an extension, the applicant shall submit its request directly to the Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the Code of Ordinances. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Section 110-46. Should there be a violation to any par[ of this approval the special exception is subject to revocation according to the Ciry Code. Sincerely, Coristance B. McKone Chairperon i05 Poik.'lvenue Post Ottice Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 SUNCOM: 982-1222 FAX: (321) 868-1247 www.myflorida.com/cape email: ccapecanaveralC~cfl.recom /~5~~` 1 ~ . J Sec. 110-32. 33erisirrrrsr Ex iratio? of variance ors ecia] exce tion• abandonment. ~ Anv variance ors ecia] exce lion a roved b the boazd of ad'ustment ursuant to this article shall ex ire 12 months after the effective date of such a royal unless a buildin ermit based u on and into oratin the variance ors ecia] ex iration is issued b the ci within said time eriod. U on written re uest ofthe roe owner the board ofad'ustment may extend the ex iration date without ublic herein , b an additional 12-month eriod provided the roe owner demonstrates eood cause for the extension. Such re nest shall be submitted to the board ofad'ustment rior to the ex iration ofthe first 12-month eriod. In addition if the aforementioned buildin° ermit is time] issued and the buildin ermit subse uentl ex Tres and the sub'ect develo ment ro'ect is abandoned or discontinued for a eriod of six months the variance ors ecia] exce lion shall be deemed ex fired and null and void Lb1 Thereafter. a variance ors ecia] exce lion shall ex ire and become null and void if the use anted thereunder is abandoned or otherwise ceases to exist fora eriod of 18 consecutive months. As used herein abandoned shall mean that the a ]icant has one out of business let all business licenses la. se or has othen~-ise chanued the use of the ro ert in conformance with this Code. Once a variance ors ecia] exce lion has ]a sed due to abandonment, the a licant must resubmit its re uest for variance ors ecia] exce lion pursuant to this article J f f ~ ~ f • 1 ~ ' • J f City of Cape Canaveral Ord;.,ance D:o. I 1-2005 Page 9 of 27 ~~r Planning & Zoning Board Meeting Minutes January 24, 2007 Page 4 Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 07-03, with the stated conditions. Discussion followed. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adjustment Re• Time Extension Request for Granted Special Exception No 05 14 to Allow Residential Use in the C-1 Zomng District Section 14 Township 24 South Range 37 East Part of Lots A & B also known as 24-37-14-28.OOOOO.OOOOA.10 A.25, A.26, and A.27 -Teutons Subdivision - (Oak Lane) Craig and Marv Stewart. Petitioners. Todd Peetz, City Planner, advised that this request was for consideration of a time extension of 12 months for Special Exception Request No. 05-14, to allow residential in the C-1 zoning district. He explained that the applicant received a special exception on January 23, 2006, and is requesting an extension, pursuant to City Code Section 110-32. Craig Stewart, Petitioner, explained that he has not been able to develop the property because his family plans have changed. He further explained that the City planned to pave the dirt road last year, however, it was not done and according to the City's Public Works Director the road will be paved in 2007. He advised that if this special exception expires he will come back and request that the City rezone the property to residential. He noted that the entire east side of N. Atlantic Avenue is residential in the C-1 zoning district. The Board members reviewed Section 110-32. Brief discussion followed. Motion by John Fredrickson, seconded Harry Pearson, to recommend approval of a 12 month Time Extension Request for Special Exception Request No. 05-14. Vote on the motion carried unanimously. 5. Recommendation to Citv Council Re• Proposed Ordinance No 01 2007 Liquefied Petroleum Storage• and Repealing the Definition of Fire District Kate Latorre. Assistant City Attornev Kate Latorre, Assistant City Attorney, gave an overview of the latest ordinance draft. After the Board members reviewed the proposed ordinance, by unanimous consensus, the Board members agreed that all the changes had been made as discussed at the previous meeting. Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of Proposed Ordinance No. 01-2007 to the City Council. Vote on the motion carried unanimously. Meeting Type: Board of Adjustment Meeting Date: 2/12/07 AGENDA Heading Special Exception 07-03 Item Jf No. AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL SUBJECT: A Special Exception Request Car Rental and Vehicle Storage 07-03 in a C-1 Zoning District. DEPT./DIVISION: Building Department Requested Action: Consider recommendation of approval by the Planning and Zoning Board and approval, deny or postpone for more infotmation for a special exception for a car rental and vehicle storage 07-03 in the C-1 Zoning District. Summary Explanation & Background: The applicant is Kabboord Properties inc. The subject property is where the Atlantic Anitnal Clinic exists. The Anima] Clinic is moving and the property owner is trying to reinstate apre-existing special exception 92-08 that allowed vehicle rentals but did not permit repairs or sales. This item was approved by the Planning and Zoning Board with the following conditions: 1. Vehicle repairs are prohibited. 2. Vehicle sales are prohibited. 3. No excess accumulation of trash and adequate trash collection. 4. Vehicle parking shall be limited to 33 vehicles, which includes employee parking. 5. Maintain (32) regular parking spaces and (1) handicap parking space. 6. Vehicle washing and water runoff shall be contained on-site, recycled, and treated. 7. Trees shall be cut back and maintained to a minimum of 13 ft. 6 in. of vertical clearance. 8. The street address shall be corrected. Exhibits Attached: Xl Application, N2 Worksheet, JY3 Separation from other vehicle rental facilities, /i4 Radius Map MS Previous Special Exception approval 92-08, N6 Qui[-Claus Deed k7 Staff comments, draft P&Z minutes. City Planner's Office Department: Building Department Building Department J~~ ~ ~ E~' ~ (Please Print Legibly or Type) i ~q DATE FILE Z~" c'~= FEE PAID ~ OO DEPOSTT~`~ X5,7 / V RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) f=o 2 C'Rr „tL~ S~o~..avG' Address of request (if applicabls~e~_ 7S'/O ~Y: y.Flq,u~;.~ ,t(V,~ Legal Description: L9ot ~Z Block 5/ Pazcel --L Subdv A?o~/ a~/u SSA Section_~ 3 Township 2 5 Range 3 7~ STATEMENT OF FACT: State of Florida, County of Brevazd; I .D,q vId ,{~A66ao r being duly sworn, depose and say that: _ _ - e proper owner. I am the owner(s) designated agent. (notarized authorization required). Owner(s) Name(s): ,~6~ioo~ /bfJ2~Yl~OS ..LNG Address:_~2o/ ,q ~ ff-yE ~~o~ ~e~ ~ 32y31 Home Phone D •9Z6fWork Phone 783/ZT ~/E_Mai1~c~,s~,~Fi~o,i,/~;~,vy a GFG , CoM Applicant(s) Names(s): D.9!//~~ ,l/.~46.dnoi-~ / Address: 32~/ y. `;I,L/ ~ ~o,¢ rz/ Z5j3 Home Phone 166-9Z~,i WerkPhone 3/23 E-Mail CV1 ryl1 I1~ ry'(~~,ff.('OYYI All information, sketches and data contained and made part of this request, are honest and e t ie b t of my kno dge belief. o, ~9 Signature of Applicant oy;.X^+ SUSANMOUINN Sworn to and subscribed before me on this N~Y~c•SfeteofFbrtda cz'~L~ldayof ~'eai~.2 2 •h1t'CamnbslpnExpyeS~unt3,20p9 r-.~ L 1. ~-y J'f1 . ( ,r_~,"~l~ sbnIDD436151 9onded8yNa6orylNoharyAssn. Notary Public, State of Florida :r The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regu]azly scheduled Planning & Zoning Boazd Meeting: Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section - 110-92 ) ~J (~~lv ' ~ T _n ~ Z i).l 11?9'Ob 10.`0 b14 ~'LiJ PLU ~ ~-:,0.~.) APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Departrnent, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetngs on the 2~~ and 4'~ 4b'ednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: b 3 0 0 / / i. NAME OF APPLICANT(S) Al'(7Ooo r / ~~'fb F/P/^ TJG~ S sYG ADDRESS (if assigned)?o/ LC! /~V,~' Co~,¢ ~~~~lf ~ 3 Z ~3~ PHONE 7g.~~ 2 ~ FAX ~g3 /2~° E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: q~ 1 z -t• y LOT: BLOCK: N/ SUBDIVISION:~IJ©~cs ~y ~~e PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION:~,~ TOWNSHIP ~ y 5 ~nANGE ,3 7E DESCRIPTION: T.5^/o ~.~/yv~~ ~J/E- 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) SBC lID ~,~$-G 4. COMPLETE THE ATTACHED WORKSHEET W 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 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) ,Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical er.,ergency. 4 --u~~u~~~ vll-JLLCCI pazxutg ana 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, iti~ill be so designed and azranged 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. (fl Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE REASON FOR REQUEST (attach additional sheet if necessary): 6 s i THE FOLLOWIlVG ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: _ *Paid receipt from Finance Departrnent 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 Iegal 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 JOHN J. KABBOORD, SR. PLOP6/'tlES, IYIC. Chairman MARK D. KABBOORD Sr. Vice President, Real Esta'. DAVID W. KABBOORD Broker, Contractor antl President Corporate Pilot Real Estate Broker contractor WILLIAM J. KABBOORD Sr. Vice President Reel Estate Associate N.GOperalions JOHN J. KABBOORD, JR. Atlomey, General Counsel Special Exception Worksheet 7510 N Atlantic Ave. Cape Canaveral, FL 32920 1) The Special Exception would not have any adverse impact on adjacent property owner. There would be no more noise, lighting, vibration, traffic, or a utility required then are currently being used on the site. 2) No unusual police, fire or emergency services 3) Yes, the Special Exception meets all zoning district and yes the Special Exception meets all lot, building setbacks, lot coverage, buffers and off street parking, sign and storage as well as landscape. 4) Property has adequate ingress and egress for automobiles, pedestrians, and emergency vehicles. 5) Property has adequate off street parking and loading areas. The site will create no undue noise, glare, or odor on adjoining property. 6) All utilities aze in place and adequate. 7) Yes, there is adequate screening to protect adjoining properties. 8) Yes, there is signs, and exterior lighting, which promotes safety and will have no effect on adjoining properties. 9) Yes, adequate refuse and service azeas. 10) Setback and open space and landscaping meet the requirements for that zoning district. 11) The Special Exception will be compatible with surrounding uses. Its function and hours of operation and traffic should be compatible. 12) The Special Exception is consistent with the comprehensive plan. 13) The Special Exception is consistent with the intent of the zoning district. ] 4) I think I have met the minimum requirements. As for entitlement to the Special Exception the Special Exception has been approved before 1996. It expired after Avis moved out. I S) Yes, the Special Exception should be granted. 16) Yes, the Special Exception should be granted to petitioner. 3201 North Atlantic Avenue, Cocoa Beach, Florida 32931 • (321) 783-1234 • Toll Free 1-866-208-1234 • FAX (3211288 North Carolina Operations 828-293-7474 • Fax 828-293-5075 ~T (321) 783-7443 FAX (327) 783-5902 ngineering, Inc. 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932.1321 David Kabboord, President Kabboord Properties, Inc. 3201 North Atlantic Avenue Cocoa Beach, Florida 32931 321-783-1234 Re: Lots 9-12 and Lot 4, Block 41, AVON BY THE SEA Dear Mr. Kabboord: We have calculated the distances from the structure located on the above referenced property which is located at 7510 North Atlantic Avenue, Cape Canaveral, Florida to the following car rental facilities in Cape Canaveral at the addresses indicated as follows: 1) Budget 8401 Astronaut Boulevard 2900 feet t 2) Thrifty Car Rental 6799 North Atlantic Avenue 2260 feet t 3) Avis Rent a Car 6650 North Atlantic Avenue 2580 feet t 4) Hertz Rent a Car 6211 North Atlantic Avenue 3870 feet t All distances noted were calculated using Google Earth and should be accurate to within 150 feet. Please feel free to call if you have any questions or need additional information. , n r almon 62 Florida Q ~ I ~I~ E Aid / li @, sE, ~ City of Cape Canaveral _ _G = - . crrr os `°E`A"°"~"°` December 12, 2006 NOTICE OF PUBLIC HEARING TO THE AD,jACENT PROPERTY OWNER(S); Special Exception Request No. 07-03 Notice is hereby given by the City of Cape Canaveral, that applicant Kabboord Properties, Inc., 3201 N. Atlantic Ave., Cocoa Beach, FL 32931 has requested a Special Exception for a VehiGe Rental Facilit in the C1-Zon~~~~ pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(15) for the property described as follows: Legal Description: Township 245, Range 37E, Section 23, Block 41, Lots 9-12 and 4, Avon by the Sea. ParcellD: 24-37-23-CG-00041.0-0009.00 (7510 N. Atlantic Ave., Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the grope above. The meeting wilt be held on Wednesday, January 10, 2007, at 7:30 P.M. in the Ci Annex, 111 Polk Avenue, Cape Canaveral, FL. rtY noted ty Hall The Planning & Zoning BoarcJ 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. 1(a person decides to appeal any decision made by the P/arming and Zoning Board ~i4Mr respect to any mailer considered at this meeting, that person will need a record of the proceeWng; and for such purpose that person may need to ensure that a verbatim rec proceedings /s made, which record inGUdes the testrinony and evidence upon which the a constitute consent by the City for the introducb'on or PPeal is to be based. This notice does rtof authorize cha/!en es or a admission info evidence of otherwise inadmissible or irre%vant evidence, nor does it poceedings shou d contac~the CitytC/erk's alficeu(888.722f), 48 hours in aWansce o~the me~ 9esmstance to participate in any of these Susan Stills, CMC City Clerk ~ I SfiA ; ~ ~I I , MgZRL50Y AV i~ i r I ~.I ~ S ll ~Si I~i w `$T$ ~ i d SS S liil6~ 1 yI ] ~i IS ia'3~ t.G v± 'vLii ( 1v RaD y~N I f ~n P'lipL ].i l~~ [R~I{IE AV ~(]~AV !S} f P ',IS ~ ~•.A'Su'G+1WI.DCW4D I Oj Polk.~vznuz Posc Officz Bo. o A Telephonz: (3?1) S6S-1220 SUNCOM: 9g2_1~?~~ral, FL 32920-0326 www.myflorida.com/capz z-mail: ccapecanaver ~Yfl( reon~6S-1248 RADIUS MAP ~~M~ mromx >IIIH~ ..8~_,...,._.5 p a i V @ a N P B µ u<m®x ~r zr rwawa ~ at m a a a a a a m m n is m r a N ~uu +b a~aaxs aap as mm ors S ! ' n 1P r~i .m, ~ ~'~1~`!?~ a as ® ~ s a a ~ r i mu ~v ~r i aY 1 v, M p ! a ~ M & M r1, , uwn .v _ l ~ ~m,. _ . m,, ~r oe m - ,o,,,~ I_.1.11_LJ~--~--J cone n n I ~L_L_L _I~J Brevard fn¢nty Prnperty Appraiser. Jim Ford BUFFER ?LSTANC@ 500 FEET APPLICdNT NAME~S)~ADURESS: Based on dale tram the Property Appraiser's Office MAP NCALE 19 68000 done inch = 500 feet) gU1N, SUE - KABBORD PROPERTIES, INC. Phis map was compiled from recorded documents mid does no! reflect LECENC: an actual surrey. The Breu¢rd County Noard of Commissioners, DMNL+E NAME(S)~A?DRESS: Property Apyraiser, ar~d Ceuyr¢phic lnJormafian Sennres da not ¢ssume Notification buffer responsibility for errors or ammissivns cronlained Hereon ~ Parcel~lol boundaries P;aduced 9recad C¢uuiy Piauuiag n %otung Oilice - WN, Noeemher 15, 2008 Numbers on map rorrespond t¢ mailing lisd ~yesoz ~s¢¢ ss~ 54 ~b a. ~ e ~ s~~~ ~ ~ ~ ~ City of Cape Canaveral 105 POLK AVENUE • P,O, BOX 32fi CAPE CANAVERAL, FLORIDA 32920 - - TELEPHONE 407/783-7100 CITY OF FAX 407/799.37 70 CAPE CANAVERAL February 9, 1993 l S yI. .I' Mr. David Kabboord Kabboord Properties, Inc. 3201 N. Atlantic Avenue Cocoa Beach, FL 32931 RE: Special Exception Request No. 92-08 to Allow a Car Rental Office with Car Storage in the Rear in a C-1 Zane, Lots 4, 9-12, Block 41, Section 23, Township 24 South, Range 37 East, Avon by the Sea, (7510 N. Atlantic Avenue -formerly Duval Federal Savings Bank) Dear Mr. Kabboord: Enclosed for your records is a copy of the application of your request recently heard by the Zoning Board of Adjustment. The Zoning Board of Adjustment approved your request with the stipulation that there be no major auto repairs and no vehicle sales. If you have any questions, please contact the Cape Canaveral Building Department. Sincerely, G ames E. Morgan / Building Official JEM/sln PRINTED ON RECV CLED PAPER ro I ~a>aRly. rt i ~7ntl f~) frc Pee .D(; QUITCLAIM DEED u; ~J;~r~,oafz~.;4ir ' ial Ix THlS QUITCLAIM DEED, exeeulod this •y/ dTy of ~ u~~,U `Refund by RESOLUTION TRUST CORPORATION, a corporation existing un~aws of lh_-~ o U~iled Status, as Conservator for DUVAL FEDERFlL SAVINGS ASSOCIATION, (first party), to KABBOORD PROPERTIES, INC., a Florida corporation, whoso mailing address is 3201 N. Atlantic Avenuo, Cocoa Beach, FL 32937 (second party). (Wltcrover used heroin iho terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and Iho successors aqd assigns of corporations, wherever lho context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of Lhc sum of $10.00, in hand paid by ?to said second early, tho recoipt whoreof is hereby acknowlodged, dons hereby remise, releaso and quitclaim unto tho said second party forever, all tho right, title, intones!, claim and demand which lho said first early Iws in and to lho following described lot, pioco or parcel of land, situate, lying and being in lho County of Brovard, State of FLORIDA, to wit: ' W Lots 4, 9, 10, f 7 and 72, Block 47,AVON-BY-THE-SEA, according to iho plat lherooF ^A as rocorded in Plat Book 3, Pago 7, Public Rocords of Brevard County, Florida. Tax ID ~ 24 37 23 CG 41 4 and 0 TO HAVE AND TO HOLD tho Same logolhor with all and singular Iho a thereunto belonging or in anywise aPPo rtaining, and all the ostato, right, tillo, intoresl, lion, oquily and claim whatsoever of Iho said first party, either in law or oquily, to the onl ro ppurlortances and bchoof of the said second party forever, Y P per use, bonolil ~ IN WITNESS WH[R EOF, the said first party has signed and sealed these presents the day and year lirsl above writlmt. ;v Signed, sealed and dcfivcred in the presence of: ~ .2 RESOLUTION TRUST CORPORATION, a c; . corporation oxistin9 undertows of lho United pa ' I I Stales, as Conservator fu; DUVAL FEDERAL -I--Ida-~+~~V~c.'-~,-~,[,~,~./O, SAVINGS ASSOCIATION ~t wit(1i ~s .l onrJ hl iLt uHp(;/; nth o ~J;,. 7 witnesses ~,u e,- C 9 hafi~ie ll B Address: )-ARRYM.Gf_IGL'A, dS~sFa.~~ 2Fc fors STATE OF FLORIDA COUNTY OF BREVARD J~ Lo~~- £('X--2 Tho foregoing instrument was acknowlodged before mo Ihis C0.ll.i.~j~ 1992 ~n L~ ~'s- ~ • 1_~cl'mf RESOLUTION TRUST CORPOAATIONla corporation existing under laws of hot United Stales as Conservator for DUVAL FEDERAL SAVINGS ASSOCIATION, is cororalion, who is personalty known to me or.whocbascproduced and who did take an oath. on behall of the --~-~~1;~idenlificrdiort NOTARY PUBLIC r r (~F.tt l_L_ ~_.%(L L~(i L , Pr nl name p~ul a_. PUC ner Slate of Florida at Largo PREPARED BY AND RETURN T0: MY colttrnissiort expires: ' John J. Kabboord, Ja, Esq. Rcinman, Harrell, Graham, Mitchell & Wallwood, P.A, 775 E. Merrill Island Cswy, ~ft~p PAUU TURNER Merrill Island, FL 32952 Nomry PUWksmm of Flw Ma My Commlabn E.gias JUN 26,1493 rAMMrCe 121306 :vr3gC[[ai:rw_rECp _ . 1~ MEMORANDUM TO: Todd Morley, CBO Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski CAP Public Works Director DATE: December 7, 2006 RE: Special Exception Request 07-03 Kabboord Vehicle Rental The Public Works Department has reviewed the special exception request and have the following concerns in regards to the washing of vehicles. h tt""~w ~ y MEMORANDUM TO: Ed Gardulski Public Works Director FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: December 7, 2006 RE: Special Exception Request 07-03 Kabboord Vehicle Rental I have reviewed the special exception and have the following comments: 1). Will vehicle washing/cleaning occur at the site? 2). If so, will a wash water recycling system be used - or where will the wash water be discharged? I~ r a~G 1 Ul 1 Susan Chapman From: John Cunningham ~cunningham@ccvfd.org] Sent: Wednesday, January 17, 2007 2:51 PM To: City Hall Chapman, Susan Subject: special Exception 07-03 Todd, We have reviewed the special exception and have the following comments: 1. The trees need to be cut back to 13ft bin vertical clearance. 2. The street address needs to be changed; it doesn't have access off N. Atlantic. John J. Cunningham Fire Marshal MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: December 8, 2006 RE: Special Exception for Kabboord Auto Rental I have reviewed the submittal of the special exception review for the above referenced project. Please see my comments/concerns below: I. The submitted site plan indicates that the site lies on multiple lots. The applicant must obtain a unity title in order to aggregate these lots into one parcel. If you have any questions, please feel free to contact me at 407-629-8880. CITY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET Kabboord The purpose of this worksheet are two-fo]d: (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 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 adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stonnwater runoff that would not have been created had the property been developed as a principle use in the applicable zoning district. The subject site has an existing building and will be utilized for the proposed car rental facility. No additional adverse impacts to adjacent property through the creation of noise, light, vibration, traffic, utility requirements, or stormwater runoff are anticipated. This assumes there are no proposed changes to the current site. 2) Will the Special Exception create any unusual police, fire or emergency services? No unusual emergency services are needed. 3) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setUacks requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? The Special Exception shall meet all the requirements of the zoning district in which the request is to be located 4) Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fire or medical emergency? Adequate ingress/egress currently exists. Access to she subject site can be gained from Polk and Tyler Avenues. 5) Is there adequate off-street parking and loading areas available without creating undue noise, glare, odor or other detrimental effects upon adjoining property owners? Adequate parking currently exists. No additional parla'ng is identified on the drawing. 6) Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? Adequate utilities are available to the sub_jeci site. A building currently exists thnt will be utilized for the proposed use. I 7) Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? The building currently exists. No additional screening is proposed. 8) Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? The building currently exists. No changes to lighting are prnpn_cad. 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 Corrzpreltensive Ptan. 13)Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes, the Special Exception is consistent with the intent of the zoning district. 14) Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? To be recorr:rneruled by the Planning and Zoning Board and determined by the Board of Adjustment. 2 1~ 1 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 determir:ed by the Board of Adjustment. 3 BUILDING OFFICIAL OR DESIGNEE REVIEW 1. _ Zoning Amendment 2. _ Variance Contiguous Zoning 3. X Special Exception North South East West 4. _ Administrative Appeal C_1 C_1 Gl A-1-A CONSIDERATIONS SETBACKS: Yes MEETS CODE CODE VIOLATION (Describe) COVERAGE: Yes MEETS CODE CODE VIOLATION (Describe) LOT SIZE: Yes MEETS CODE CODE VIOLATION (Describe) DENSITY: Yes MEETS CODE CODE VIOLATION (Describe) HEIGHT: Yes MEETS CODE CODE VIOLATION (Describe) ADDITIONAL REFERENCES w-. STJBJI~~w~QDI~ ~EC'A~~~~CA~LE~^~}'~,r~~r , k ~~E Code Sect. Applicability Yes No PARKING 110-491 LOADING ZONE NA SETBACKS (AlA Ridgewood/Astronaut) NA X_ LANDSCAPING 7.10-566-567 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: Signature: 4 ~ u ~ /~~/~,/PDT-,~' JAN - 3 7D01 ~ ~7 ~~Y~~~-s r. SC / / o_sr~',suriora ~Yi?yp! CC/___Lpunu~ /n .C/ fJ~~!, ~ / C'Cr tt. r''~:id ins Uii, ~j{ / /p i.nance Uir.~- C-~~ ~ f c/ / ~ J ~ ~ ~ ~ ~ D ~ U ~~G ~j P2 ~/i'J r ~/'J ~3I~ , UJi ~ % ~ ~ , f"~ ~ 1 i J ~ /Y i- / .'//C S(//fi'r' % s_1, ~n__ ~i / l Ga~r~/tea ~v~~ct~~~„~~ J~~~~~ ~~v -.~3s~~J~ J J ~j ~ ~ ` i'YJ h~ O~ ~ T /e~~ ~ l /mar i~ - S / i7 / ~ A~ Ol l / /l ~ J/?;1 ~ ~~i / J ~z~ i / i j/ r / ~ /V ' / I ~ ~ ~ / l ' ~ _ G~. ~ G~ ~ nIJ ~~r l' ~ C~2 ~ ~ / O ~ f~~ . ~ ~ ~ ~~r ~ u / ~ j i?~-~~2/ i ~ L i p~~~o~~ 0„2 -nod To the J : n--:; Planning and ZOILIn AN ~ 2 2007 - g Committe Cape Canaveral, FL c'^~=;~;i J r e are ~~8 to you to request that you reject the r ~ J--~ ~j j for a Veltic?81 Facilit ~ is the _ special exception nest n ` o ~ F--- ~ of Polk and A lA. Most of these lots extend al of§~ct~ ~s is for the lots at the comer ~Z ~ ~ residemial ~ tt$ Polk Avenue which Is a highly Iibrary, a park as well as ci ~~1G;rzhi~dn~ often play. Thete is the nearb - . and community offices and a recreation area all on Polk or Y This :s in addition to residences. This would cause problems for residents and children playing in the area, be unsafe and also an eye-sore to the one community focused area that Cape Canaveral has Sincerely, L' C'-Tew'e, 266 polk Ave, Cape Canaveral _L`-1P~y_ ~-`~-e-}}.~66~~.--,P~~ Cap!` -per ~ en S V shahani, 246 Tyler Ave, Cape Canaveral -Y~e Grewe~46 "1'yier Ave, Ca a Cartav P eral v~ 7\j i y DATE FZLEll T2-/7-9z *Prr•. Pnlo_~~k oaS,161 REQur•. s'r N0. gp_pp RC CE IVED pY ~ * dr•. OLVI/ 100.00 Piling Pee is non-refundable. RL•'QUE ST P012: 1/ SPECIAI. 1?XCE P'f ION VARIANCI: - RE %ONING AUMINIS'fRATIVE APPEAL Applicants for rezoning musmust- defray al.l costs, per Secliion G45, J7. LEGAL DR SCRIPTION O//F// PROPERTY: q LOT -/zp~os/pLOCK 7~ SUIl,DIV.J-tlw..~,SeA" Sf;C. 2~TWP. zrf5 RCE.37E STRE L•'T ADDRESS Oft PIIYSICAL LOCATION 7S/O n/, /,t tG ~A,v ~y F NA7`tIRE OP REQUEST (Insure that the specific sections o[ the Zoning Ordinance that allow and support your request are noted. Attach separate sheet of paper if necessary.) /,or? u~ A S nl ~KC ~a•=- u+r~~.e p~Se~z~/io.~. G37.s/ h', G~ I~>'c /oc~R-~ ~'C /t ~I9'2 t~ /Ir~M /cE W, ~ L°R 2-'• STATEMENT OP PACT: State of Florida, County of Drevard; Ir KAb~oor~ Dein9 PLrst duly sworn, depose and say that: I am the owner. I am t-he owner's des ignat-ed agentA. A ~ Owner's Name 1 1L KeQ'&~ap,par' d! ~bbOneJ~ ~.(JP/'(~/e5 ~e, Address jao/ N• r4'(-~./}yE CoCa.t `E3eA~H Zip 3Z~J3/ uome Phone No. ~$3- ~/o// ~ ?usiness Phone No. 7g;q-/2.3cf Applicant-'s Namc (if noL- owner) Same a~ /lbove Address %ip Ilome Phone No. ~ Dus mess Phone No. All information conl-ained in this reyuest-, and all sketches and data made a part hereof, are honest: and true t-o the best of. my knowledge and belief. Sworn to and subscribed before me `1 this oZ~3T day of ~eeemGer- SlA `I 1 g 9 2 ~ JnNET E. FENS U v NOfFRY 11yCommExpr. ure of Applicant vuauc a` Oonded By Sttrke me Ca. ~~'ix ~~y~l~a~ti~ ''F o° No. CCI99896 , K tary Publ ic, ;face of Flo °b0."'°" The complcCed request form and the $100.00 filing fee must- be filed as follows: Request for Variances 6 Special Except-idns, 14 days prior to the P.lann ing 6 Y,on ing poard meeting; request for rezon ing, JO clays prior to the Plann inq S 7.on inq poard meeC ing. The Doa rrl oL' Adjustment meeting will be set alter Che request is-heard-by the Planning and 7,on ing Doard, FOR CITY USE ONLY - - - - - - - - - - - - - - - - - - - - - NoC ice of Public Hearing Published in Newspaper ,on _r~(Irnlln l.U~19~13 Nnt i.re 1_p pnl iranl_ h~, tort lrio,l Ltait yo, p-,. ~ qf~ Mfr} ~o? °5 . are znu ~F».Iriy3 ~.~t ice puS Ced on Oulletin Doa rd on ,-j0/ppngU ,1h.1493 Notice posted on subject properly on J0.n'lll Y4 'C. ~Idg3 Property-owners within.-500-feet notified-on - anL-YO~~T )Gq3 - - - - - - - - Rev. 0-Og ~~f _ RE4UEST NO. 92-08 BUILDING OFFICIAL ENDORSEMENT - ~ North South Fast West ` 1. Zoning Amendment Continuous Zoning (Sec. 647) 2. Variance Continuous Zoning (Sec. G45.25) 3. Special Exception ContinuousUSes C _ I C C ~ / 1 (Sec. 645.21/23) 9. Administrative Appeal See Attached Statement. (Sec. 645.19) Date interpretation given to applicant: _ ~a- p7j~_ 9 . CONSIDERATIONS SETBACKS ZONING A licable Data F R S S ST. COVER. SIOZE UNOTS SIZE PERSACRE HEIGHT Zone Standard Re nested Difference ADDITIONAL REFERENCES Zoning Applicable This Request Ord. Sec. Yes No SUBJECT _ Parking 641.01 Loading zones 641.03 Setbacks (Ridgewood-AlA-Astronaut) G41.17 Landscaping 641.43 Non-Conforming ~ Structures 643.05 Land 6 Uses 643.07 Note: The Planning and Zoning ?oard should also review Section 645.23 (J). COMMENTS ~ ~',e,~~.~,,_, . Date ~o`- / ~ - ~O B ilding OEEicial Rev. 4-91 1 . A Public Ilearin9 was held on JQhUQrk 13 iRR.3 at 36 p Mr date time 2. Actio/n taken: I~ Iteeommend approval. Recommend disapproval. Request- postponed. Request tabled until at date ttme Request returned to applicant- for additional information. Request withdrawn by applicant-. 3. The factual basis upon which the Planning & 7.oning board decision was rendered is as follows (reference G45.2S for variances; fi45.21 and 695.23for special h:x ceptnions; and G45/. 19 for Administ rati.ve Review): / ~C,CCe~.ytP.uG~PC/ a~ ,Qaaee!' B-w (037 51 l~ j .~te~a~ulne tiP~owec~, ulae d~en~ed .fie ite2e.~„A~Q~ Ce~at¢r~rrK .ui*t~- .duitt,ou-vtciurg ,~wea. /~~t149UnX waa csv~~:~~~,.~ 0.~~a„ f;,t~u a<(x~~.e d~a~rt~- w ,nrc.v~~ ,oa..re..1-e~~uiP~~~~- [v GC Pact t?eLa.Cv. pate- ~ /3 ~ ~ /I.LtAA0~0 Chairman, P.l arming & 7.oning ?oa rd I _ SUP: SL' NU. `I G-lA'? 1. A Public ?earing was held on Z ~ Lf3 at 7~~~-w~ a e ~i me 2. Action taken: Request approved. Request denied. Request postponed, Request tabled until at date t.lme Request returned to Planning and Zoning t3oard. Request returned to applicant for additional information. ' Request withdrawn by applicant. 3. The factual basis upon which the Toning [bard of Adjustment decision was rendered is as follows (reference 645.25 for Variances; 645:21 and 695.23 for Special Exception; and 645.19 for Administrative Review), In granting any Special Exception or Variance, the 7.oning ooard of Adjust- ment may prescribe appCOpCl.ate conditions and safeguards in conformity with Zoning Ordinance, Violation of such conditions and safeguards, when made a part of the terms under which Special Exception or Variance is granted, shall be deemed to be a violation of this Ordinance and punish- ab(~l~e as provided therein. '"(P~'o?eCf' wi~. yf-~~a~ox, ~la~- yvtere will lie No Fvia,~~is-r a.~ 4o re~a.a.rs ~d vto ve-6u~~~e saes. f Date Z/f~/Gl'~j /'~/Y~t~-C j: Chairman, 7,ontng ?oa rd of. Adjustment Rev. Q-D9 d~~ 6k JOHN J. KABBOORD, SR. P~O(J@f tlQS, InC. Chairman JOHN J. KABBOORD JR. Allorney, General Counsel DAVID W. KABBOORD PresitleN MARK D. KABBOORD Real Eslale Broker Vica Presitlenl, Rael Estats Comracbr Broker, CoMraclor and Corporals Pilol WILLIAM J. KABBOORD Vice Presitlenl Realtor Associate FACSIMILE TRANSMISSION COVER SHEET DATE: oZ-9-93 FROM: ,J~f+yrc(~ Gc.9 ~f4-bbo~2r~. FAX PHONE N0. (407) 784-1055 PLEASE DELIVER THIS FACSIMILE TRANSMISSION T0: _ 7~ 7- oz3~ TOTAL NUMBER 0;4' PAGES TRANSMITTED (INCLUllING THIS COVER) If you do not receive all of the pages, please call sender or fax a reply to the sender's attention, and we will re- transmit. Thank you. 3201 North Atlantic Avenue, Cocoa Beach, Florida 32937 (407) 783-1234 FAX: !4071 7Ra-in.s~ 9 S' e4~E ~ s~ y ~ ~ ~ _ City of Cape Canaveral kl' - Certified No. P 597 181 830 :`t x - CITY OF ~1• CNPE CANAVEPAL BOARD OF ADJUSTMENTS FINDINGS OF FACT CONCLUSION OF LAW ORDER REQUEST NUMBER: 96-02 RE: Special Exception Request No. 96-02 to Allow New and Used Auto Sales at (7510 North Atlantic Avenue) -Petitioner was David Kabboord, Kabboord Properties, Inc. The Board of Adjustment of the City of Cape Canaveral has heard information pertaining to the request at the Board of Adjustment meeting held the 25th day of March, 1996, and based on the information provided, the Board of Adjustment has entered the following FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER. FINDINGS OF FACT David Kabboord is the owner of the real property described in the Petition. The property is located in the C-1 zoning classification and is subject to the Land Development Regulations pertaining to said district. The granting of this special exception request will not adversely affect the public interest. This special exception request is consistent with the goals, objectives and policies of the Comprehensive Plan; is consistent with the intent of the C-1 zoning district; this request does not create any adverse impacts 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 for a principal use permitted in the C-1 zoning district; no unusual police, fire or emergency services would be required; all the requirements of the zoning district are met with the special exception. CONCLUSION OF LAW That the Board of Adjustment has lawful power and authority to grant special exceptions under special conditions and circumstances as set forth in Section 110-334, Paragraphs (A-E) of the Cape Canaveral Code of Ordinances. The petitioner has met the minimum requirements for the requested special exception and has demonstrated entitlement to the special exception which will not adversely affect the public interest. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 • FAX 14071 799.3170 l`~I BOARD OF ADJUSTMENT FINDINGS OF FACT CONCLUSION OF LAW ORDER SPECIAL EXCEPTION REQUEST NO. 96-02 MARCH 25, 1996 ORDER David Kabboord is granted the special exception subject to the following limitations, restrictions and conditions: A maximum of four (4) vehicles shall be displayed for sale when there does not exist a leasing operation. Said special exception shall expire 18 months after discontinuation of use. Should there be a violation to any part of this Order,. the special exception may be revoked in accordance with applicable laws and the City Code. DONE AND ORDERED this 25th day of March, 1996 at Cape Canaveral, Brevard County, Florida. BOARD OF ADJUSTMENT CITY O~~F'ffCAPE CANApVERAL, FLORIDA BY: / ~t9TiyL ~.~~,y Ann Thurm, Chairman I hereby certify that a true and correct copy of this document has been furnished to the petitioner(s) on this 29th day of March, 1996. BY:~anl 1(nnn~, , Susan L. Chapman, Sec etary µ r. 4is~ 1 f sr2~ PII'P~I T~ r•. ~ c'~~~ ~ s h~ ~ ~ City of Cape Canaveral t05 POLK AVENUE • P.D, BOX 326 CAPE CANAVERAL, FLORIDA 32920 - - TE LEPHONE 407/789-1100 CITY OF FAX 407/799-3170 CAPE CAMAYEpAL February 9, 1993 Mr. David Kabboord Kabboord Properties, Ina 3201 N. Atlantic Avenue Cocoa Beach, FL 32931 RE: Special Exception Request No. 92-08 to Allow a Car Rental Office with Car Storage in the Rear in a C-1 Zone, Lots 4, 9-12, Block 41, Section 23, Township 24 South, Range 37 East, Avon by the Sea, (7510 N. Atlantic Avenue -formerly Duval Federal Savings Bank) Dear Mr. Kabboord: Enclosed for your records is a copy of the application of your request recently heard by the Zoning Board of Adjustment. The Zoning Board of Adjustment approved your request with the stipulation that there be no major auto repairs and no vehicle sales. If you have any questions, please contact the Cape Canaveral Building Department. Sincerely, G ames E. Morgan Building Official JEM/sln PRINTED ON RECYCLED PAPER J~. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 2 Mr. Friedman verified that all the information was correct on the application; he was familiar with Roberts Rules of Order; he agreed to be an active member; and to attend the meetings even though he will be an alternate. Motion by John Fredrickson, seconded by Harry Pearson, to recommend to City Council that Ronald Friedman be appointed to the Board as the 2nd Alternate. Vote on the motion carried unanimously. 3. Recommendation to the Board of Adjustment Re• Special Exception Request No. 07-03 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (7510 N. Atlantic Avenue) Section 23 Township 24 South Range 37 East, Avon by the Sea Subdivision -David Kabboord Petitioner (Postponed at the last meeting Todd Peetz, City Planner, gave an overview of the special exception request. He advised that the Petitioner has submitted a parking plan layout, as requested by the Board at the previous meeting. He noted that the plan indicated (32) regular parking spaces, and (1) handicap space. The Board members reviewed staff comments and noted that the fire department requested that the existing low branches on the site be trimmed back and maintained. The Board members reviewed each item on the special exception checklist. Todd Peetz, City Planner, noted that the property was surrounded on three sides by commercial uses and residential across A1A; the property was approximately 150 ft. away from any residential; and there are no additional buffering/screening requirements. David Kabboord, Petitioner, testified that there will be a washing and vacuuming area; he does not have reclaimed water; cleaning solvents and water will discharge into the existing stormwater retention on-site; and he had no plans for a dumpster. Discussion followed. Chairperson McNeely requested certain items be placed on the site plan. Kate Latorre, Assistant City Attorney, advised that it was unreasonable to place the items on the site plan because this was not a site plan request. Discussion followed regarding recommending certain conditions of approval. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 3 Various citizens voiced concerns regarding: solvents and dirty water being drained into the river; an additional vehicle rental facility in the City; residents benefiting from this type of business; the proposed use being inconsistent with the City's Business and Cultural Development Board's survey; implications of additional traffic; and business owners to the east that currently parking their vehicles on this property parking lot finding another place to park. Chairperson McNeely read two letters into the record from concerned citizens for consideration regarding this request. David Kabboord, Petitioner, rebutted to the comments. He advised that the City code allows this type of use and suggested that the City should change the code if they do not desire any more of these types of businesses; the business owners to the east parking on his property can park at City Hall; and he agreed to comply with the City's requirements for water runoff from the vehicle washing area. Following discussion, the Board agreed to recommend approval of the special exception with the following conditions: 1. Vehicle repairs are prohibited. 2. Vehicle sales are prohibited. 3. No excess accumulation of trash and adequate trash collection. 4. Vehicle parking shall be limited to 33 vehicles, which includes employee parking. 5. Maintain (32) regular parking spaces and (1) handicap parking space. 6. Vehicle washing and water runoff shall be contained on-site, recycled, and treated. 7. Trees shall be cut back and maintained to a minimum of 13 ft. 6 in. of vertical clearance. 8. The street address shall be corrected. David Kabboord, Petitioner, agreed to the recommended conditions. He advised that the property will be leased to Enterprise Leasing. Planning & Zoning Board Meeting Minutes January 24, 2007 Page 4 Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of Special Exception Request No. 07-03, with the stated conditions. Discussion followed. Vote on the motion carried unanimously. 4. Recommendation to the Board of Adjustment Re• Time Extension Request for Granted Special Exception No. 05-14 to Allow Residential Use in the C-1 Zoning District. Section 14 Township 24 South Range 37 East. Part of Lots A & B, also known as 24-37-14-28 00000 OOOOA 10 A.25, A.26, and A.27 -Teutons Subdivision - (Oak Lane) - Craig and Marv Stewart. Petitioners. Todd Peetz, City Planner, advised that this request was for consideration of a time extension of 12 months for Special Exception Request No. 05-14, to allow residential in the C-1 zoning district. He explained that the applicant received a special exception on January 23, 2006, and is requesting an extension, pursuant to City Code Section 110-32. Craig Stewart, Petitioner, explained that he has not been able to develop the property because his family plans have changed, He further explained that the City planned to pave the dirt road last year, however, it was nat done and according to the City's Public Works Director the road will be paved in 2007. He advised that if this special exception expires he will come back and request that the City rezone the property to residential. He noted that the entire east side of N. Atlantic Avenue is residential in the C-1 zoning district. The Board members reviewed Section 110-32. Brief discussion followed. Motion by John Fredrickson, seconded Harry Pearson, to recommend approval of a 12 month Time Extension Request for Special Exception Request No. 05-14. Vote on the motion carried unanimously. 5. Recommendation to Citv Council Re• Proposed Ordinance No 01-2007 Liquefied Petroleum Storage• and Repealing the Definition of Fire District Kate Latorre. Assistant Citv Attornev. Kate Latorre, Assistant City Attorney, gave an overview of the latest ordinance draft. After the Board members reviewed the proposed ordinance, by unanimous consensus, the Board members agreed that all the changes had been made as discussed at the previous meeting. Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of Proposed Ordinance No. 01-2007 to the City Council. Vote on the motion carried unanimously. i, T`~. etr' . i d , . ~ VY1 C Pn I W Iv n ~ `n Ls J~ ~ - r~~' . ~ j. ( } ~'~112k ~ ~ . ~ . ' ~ ~ ~ QJI~) lwY~ ~'1 G213 ?~G ~1~~ - ~ ~~l ~i ~ ~ t 10, D7 3 G ~ ~ _ ~ n "D +li Aj cam, G~~ r~~SL-~.~~ t C~.SNX ~n n Y • i r l ! (LJ; c, f.~ 'v~~~ rev ~f~,~'~~~ r.~ ~ r r~.. _ \ 1 p~ ~ r-~, ~'~~'u-.~~-e~J ~ . i 4.~C~-~- Ql~/ V ~Ril... ~A/I~~ ~~'~1'`~-Qi. LX./ l~t~T_` tom-. 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