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Home My WebLink AboutBoard of Adjustment - 8-11-08 City of Cape Canaveral BOARD OF ADJUSTMENT AGENDA CITY HALL ANNEX 111 POLK AVENUE AUGUST 11, 2008 7:00 P.M. ,. , - , , Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: March 24, 2008 2. Motion Re: Special Exception Request No. 08-02, to Allow a Carwash in the C-l Zoning District, (104 Monroe Avenue)- \/idol" i\!1 \M':itcon Ec-q Ddrti'"'nr.," V 1\..."'. I IV. VVLA..;;J I, V e,1 ClLI VICI.. ADJOURf\j 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 mayor may not participate in , Rnc:>rrl rli"f'I ,,,,,inn,, helrl c:>t thi" n"hli" n-lor>tinrt :!" L-...._n_~! '_~ ._!!...J-._..._!._h_.!......!!!0 ! !'_~!"2 -L<!;~ '-! !!__--. i_'l_!~I!!l_k ! ~ !}.---",l--'""t!J!U 1 05 Polk Avenue " Post Office Box 326 G Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 " SUNCOM: 982-1222 G FA.X: (321) 868-1247 ,vww.myHorida.com/cape " email: ccapecanaveral@cH.rr.com City of Cape Canaveral D,......"'"'...rJ _+ ^ ,..I:. .,.......___-1- UVQI U VI r\UJU"lIllt::lll Meeting Minutes March 24, 2008 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 24,2008 at the City 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 MEMBERS ABSENT: Jack Childs QTHERS PRESEt'.!T: Sea ~v1cr\Jeely Ex-Officio Member Robert Hoog Mayor Pro T em Shannon Roberts Council Member Kate Latorre Assistant City Attorney Chris Keller Assistant City Planner Susan Chapman Secretary NEvV BUSiNESS 1. Motion to Approve the Meeting Minutes of May 10.2007. Motion by Connie McKone, seconded by Paula Collins, to approve the meeting minutes of May 10, 2007. Vote on the motion carried unanimously. 2. Motion Re: Reconsideration of Special Exception Request ~~o. 05-15 to Allow Residential Use in the C-1 Zoning District (Harbor Heights West Subdivision) - Lot 3. Section 14. Township 24 South. Range 37 East - John Johanson. for Tripple J Investments.J_LC. Petitioner. This request is being reconsidered by the Board given the decision of the Brevard County Circuit Court quashing the previous decision of the Board of Adiustment. Chairperson McMillin read the agenda item for the record. He explained that the Board previously denied the Special Exception request. The Brevard County Circuit Court overturned that decision. Now, the Special Exception request was " being reconsidered by the Board given the decision of the Brevard County Circuit Court overturning the previous decision of the Board. ~) "d/,e _-/ Code Enforcement Board Meeting Minutes March 24, 2008 Page 2 Judith Lau, citizen, read the Circuit Court's ruling and other documents contained in the aqenda packet. Ms. Lau advised that the Citv code stated that three - - - parking spaces were required for each townhouse unit. She questioned if this request met the City's code requirements for ingress, egress, and off-street parking. She noted that the City would not require a site plan, because the ' , -, , , -, request was for only three townhouse units. She noted that there is no sidewalk or off-street parking. She advised that the two townhouses on Lot 1, have pavers for parking on the driveways and there is, at anyone time, six and seven vehicles parked on the driveway, on the grass, and on the street. Also, there are sometimes seven and eight people living in each unit. She questioned how the residents of Harbor Heights could be assured of no more ingress, egress, and parking problems if a site plan was not required. Assistant City Attorney, Kate Latorre, responded that even though the Special Exception request was remanded back to the Board, the Board could still impose reasonable safeguards and requirements. She added that the City's Building Official is charged with ensurinq and enforcinq compliance. ~ - Richard f\.1orris, property ovvner of Lot 2, submitted photographs of the Lot 1 property, which showed 27 weeks of newspapers, and garbage overflowing. He testified that 25 people were living in the units; and the units were being rented by the bedroom. He stated that at one time, before the lots were all sold, they were single family lots, and now his single-family home is between commercial property, all the townhouses are rental units, and he's stuck with a residential single family home adjacent to commercial. Connie r\t1cKone questioned if aU three lots had special exceptions for residential use. Kate Latorre verified that Lot 3 was one of a series of lots that received a Special Exception for residential use. Chairperson McMillin noted that Special Exception Request #89-9 was granted a Special Exception for three single family homes on three residential lots. Resident, 224 Coral Drive, complained about the renters dogs. Sheldon Stevens, Esq., representing Tripple J, advised that his clients were not renting the units; his clients did not own the units previously constructed on Lot 1 ; this Special Exception request complies with R~2 zoning, and met all the required criteria, obvious by the Court's ruling. He suggested that the Board move on and write the Board Order. ~ \ -.'/ ,>~- Board of Adjustment Meeting Minutes March 24, 2008 D,............_ ":) .- Q81J J Connie McKone stated that she still stood on the way she had originally voted. However, based on the Court's decision, she moved to grant Special Exception n .L 11.1 O,....AI- -fl.t ,. II' .... ... . ",equesl l'lO. ::>-1::>, wlm me TOllOWlng conomons and sareguardS: . Petitioner shall construct no more than three (3) residential townhouses. - -, -, -, - , . Pursuant to City Code Section 110-334 (c) (10), the requirements of the R-2 Medium Density Residential District shall apply to the residential construction on the subject property. The motion was seconded by Earl McMillin. Vote on the motion carried unanimously, as amended. 3. Election of Chairperson and Vice Chairperson. Chairperson McMillin asked the attending Board members to consider tabling this agenda item because all the Board members were not present. Bya voice vote, they unanimously agreed to table this agenda item. 4. Discussion & Motion Re: Chanoino the Board Meetinq Time. Connie McKone stated that it seemed reasonable to change the meeting time to 7 p.m. Brief discussion followed. Motion by Connie McKone, seconded by Earl McMillin, to change the meeting time to 7 p.m. Vote on the motion carried unanimously. There being no further business the meeting was adjourned at 8:06 p.m. Approved this day of ,2008. Earl McMillin, Chairperson ~ ~ ~ Susan L. Chapman, Secretary , City of Cape Canaveral Special Exception Request #08-02 Building Department Monroe Carwash 104 Monroe Avenue (Please Print Legibly or Type) rlb.2.3 0 , c:C? DATE FILED 'i'1:3olc~ FEE PAID 1{biQ~ DEPOSII DPI'U'f'I U", ~/F ($250.00 Filing Fee is non-refundable) J."-.L.f'-'YL'JJY. l~~\. NA TURE OF REQUEST Special Exception is for what purpose (Brief Description): Rehabilitation of existing car wash building and, thereafter, use of property as a car wash. Address of request (if applicable) 104 Monroe A venue, Cape Canaveral, FL , , ,. , Legal Description: Lots 9, 10 and 11 , Block 19, AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida. Parcel ID: 24-37-23-CG-019.0-9.00 STATEMENT OF FACT: State of Florida, County I, VICTOR M. WATSON, being duly sworn, depose and say that: _ I--am-the-pr-operty-owner. ----_.,-~ X I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): HEA TH & HE,A TH SYSTEr'v1S, INC. Address: 7814 Atlantic A venue N., Cape Canaveral, FL 32920 Home Phone Work Phone E-Mail- Applicant(s) Narnes(s): VICTOR M. WATSON, Esq., attorney for JAMES KAPPERNAROS and TARA KAPPERNAROS Address: 3490 No U.S. Highway I, Cocoa, FL OFFICE PHONE ft (321) 6--31-1550 FAX # (321) 631-1567 E-MAILvicwatsonwsdbp@vahoo,com /' All info'm~es and data contained and made part of this ,equest, ace honest and true to the be toy knowledge and b le~ c' 0 - Sworn to and subscribed before me on this~ day of () {J1l L .R ,2008. o '~Q 1 1 h: t v '"'''''''' DIANA L ARCHAMBAULT ~J LLiLlW-. jI A (~).fA~'LJ!.).COl L l~r.VJl~"" MY COMMISSION II DD 705373 Notary Public, State of Florida ~[A.:~ EXPIRES: December 15, 2011 w . -A'. ,'.': de<l-f1j NiliElr' bubllc IInrlerwmers 'J,~Ri~?' Boo In l' ........ The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meetin~ Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the PI'\jY.H!n:~~<fro~.B PM ~0015% , 14 , , __,.." ......p. Board rneeting. The Board Df ~A,,-diustment meeting \viii be set after the request is hq~:ibv the Planning 1...\J~=""tJ & Zoning Bo;rd. (A deposit may- be required per -Section 10-92 ) . Cash . HlllGlli1t $0.f!@ Chann!'! 0.00 CK ~12b89 Amount $258m 00 2 City of Cape Canaveral APPLICA TION 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 an owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, III Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO - .. .. . . PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. I ;{ ".., J & I DATE: '1 ~ dt - {) 0 1. NAME OF APPLICANT(S) : VICTOR M. WATSON, ESQ. (NOTE: Attorney for James . -~.- Kappemar0s.and-Tara-KappemafBs~UfGhasers-of-Subieet--Property;-authorized-by'owner-as ~~~"- part of proposed purchase transaction). li,.DDRESS (if assigned): 3490 N. U.S. Highway 1, Cocoa, FL 32926 PHONE # (321) 631-1550 FAX # (321) 631-1567 E-I'v1.AILvicviatsomvsdbp((l)yahoo.com 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Lots 9. 10 and 11, Block 19, SUBDIVISION: AVON BY THE SEA Parcel ID: 24-37-23-CG-019.0-9.00 SIZE OF SUBJECT PROPERTY IN ACRES: .43 SEC'-rIOI'4: TOVl'r;"~SHIP RA1t..T,-,r !'1UC - . . DESCRIPTION: 104 Monroe Avenue, CaRe Canaveral. FL 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) Section 110 - 334 (c)(l4) 4. COMPLETE THE A TT ACHED WORKSHEET IN FULL. (INCOMPLETE APPLICA TIONS MA Y RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-I, C-2, R-I, R-2, M-I ETC.) C-l ~ 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRA WING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with ',. particular reference to automotive and pedestriall safety arnl cDn\renience~ traffic flow and control, and emergency access in case of fire or medical emergency. 4 (b) Adequate off-stre, arking and loading areas are provi 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 andl 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 ~~~ ++: ~ ~~+~~.. ~_ ...J to eliminate or fllInImlZe any undue glare, Ll a.l.lH..... :>alCLY allu 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 andl or termination dates relating to a lease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its functiont its hours of operation, the type and amount of traffic generated, structure size and setbacksj 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 conditionsj stipulations and safeguards to ensure conformity with the foregoing. ST/\. TE RE~AlLSOl'J FOR REQUEST(attach additional sheet if necessary): 'fhis property has been used as a car wash since 1968. According to the City. the original Special Exception for a car " ' ~ wash expired for lack of an occupational license. The property is presentlv under contract to be purchased by James Kappernaros and Tara Kappemaros, The sale is contingent on obtaining a Special Exception. and obtaining all necessary approvals to rehabilitate and improve the property. The proposed appearance of the property has been approved by the Community Appearance Board. and will be greatly enhanced by the work to be done. The Special Exception will allow a use which is compatible with surrounding uses and which will meet minimum requirements and performance standards. 11 wiil aHow substantial improvement to the property and will improve $ $ the neighborhood. ~ ~ 5 The purposes 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 cannot satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be denied or that the application may not be acceptable for processing. The questions should be answered in detail as if the project is already completed and operating. Responses, when applicable to the project should be in complete sentences. CRlTERlA (Building Official or Designee to verify) Does the Special Exception create any adverse impact to adjacent property due to any of the - following criteria? ,. , ,. ,. I) Noise Will or does the noise from anyone use offend another existing use? No, there will be no ()ffensiVf~ noise 2) Signs, Exterior Lighting and Glare Are signs or exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate any spi II-over light or glare onto an adjoining use? Existing signs will be renovated to meet non-glare requirements. --~"---'----~---~~--_._--~,--~- 3) Vibration Will or does any vibration ITom anyone use offend another existing use? No offensive vibration would be created by the proposed use. 4) Other Detrimental Effects Wi 11 there be, or are there, any odor or other detrimental effects upon adjoining properties? There will be no odor or other detrimental effect caused by the business. 5) Storm water Runoff i\re there any special stOil11\Vater runofftreatinent B1easures required and or from adjoining uses'( No, there are no special stormwater runofftreatment measures required. Site will use existing drainag:e system. 6) Traffic Are there Jifferences in types and sizes of vehicles? The business will service multiple types of vehicles, but primarily "normal sized" cars. vans and trucks. and occasional RVs or commercial vehicles. Are ingress and egress adequate? Yes. ingress and egress are adequate. Are there any auto and pedestrian safety issues? No. there are no auto and pedestrian safety Issues. ~ ~ 'k What is the anticipated number of vehicles in the peak hour? The anticipated number of vehicles at the peak hours is 10 - 12 vehicles Are traffic flow and control addressed? Traffic flow and control are adequately addressed. Is there adequate emergency access in case of fire or medical emergency? There is adequate emergencv access in case of fire or medical emergency. 7) Hours of Operation Do differences in hours of operation offend another existing use? No, the hours of , - , operation will not offend other existing uses. , , 8) Loading and Unloading A re there d iff-erenc~inJGading-an4-tmJGa4iHg-b~€H-a4jB.iniHg~ffi~mes-? No, there should be very little loading and unloading, if any. 9) Parking . ~~---'---~~ATe-there-differencesIn-off;;streetp-a:rkin-g bt~twe-e-In[d jotfflfr~rUses?-Citetne6ff.:sfreerparking~--------~ requirements from the appropriate land development code sections. One space per 300 square feet~ for restaurants, one soace for each 3 seats 10) Utility Requirements Are adequate and properly located utilities available? Are utility requirements substantially different fi'om those required by adjoining uses? Yes, existing utilities are adequate and utility requirements are not substantially different from those required bv adioining uses. 11) F...efuse and Sef'lice j:A).reas Are there adequate refuse and service areas? Yes, there are adequate refuse and services areas. 12) Emergency Services, Will the Special Exception create any unusual police, fire or emergency services? No, there should be no unusual need for police, fire or emergency services.. 13) Buffering and Screening Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Cite the appropriate landscape and buffering requirements from the land development code as applicable. Yes, there is adequate screeening and/or buffering. 14) Size and Appearance Are there serious differences in structural appearance between adjoining properties? Are there serious or extreme structural size differences? There will not be serious or extreme structural size differences with surrounding properties. The plans, in fact, call for the size of the structure to be slightly reduced from the current configuration. 15) Relationship to Land Values Are property values impacted? If so what is the impact? We anticipate Property values in the area will be increased due to the improvement in the property's appearance and , , , , maintenance. 16)-Cumprehensive Lamtt:fs~lan What are the applicable goals, objectives and policies of the Comprehensive Plan which apply to this Special Exception? Is this Special Exception consistent with the intent of those goals, objectives and policies? This request is consistent vvith the Comprehensive PIan'l in particular. land use policy 3.3. - '~-~---~--~~-~~~.,--"------------------,-- ~---~~-_._--_.._~----------_._._--_._-~-_._"- -.-.-----------..---- 17) Risk Factors Does potential energy storage pose a risk to surrounding area? What recommendations are made by the Fire Department? There is no need for on-site energy storage. 18) Environmental Conditions Are there any environmental conditions applicable to this request? No, all soaps and chemicals used are biodegradable and meet EPA standards. '",' ,- The following questions are used to summarize the impact of the information above 19) Is this Special Exception consistent with the intent of the zoning district in which this Special Exception is sought? Yes, the special exception is consistent with the intent of the C-l zoninf2; district. 20) 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 setback requirements, lot ~ coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes. the Special Exception will meet the requirements of the C-I Zoning district. 21) Is the proposed use compatible with surrounding uses in its function, its hours of s;, " f1.""'~""'r'}T~rv,...' h 1~r-. ~~_4 ~~^~::~+ .~.+- +N~''''.f-''f~.-. .-...:;..., L:;......'" 1 ,...,~ .......;:.........."......................... .....=........... r--"';: .......-+L~ ......,'i_,..., ~.4-""", _~_l~..l..: _ __ --:1_ ~__ ""'p\,.l1 Ui...H..Jll, i.-J P"'" u.UU UHIVUlll. V.l L1 Ulll...... 5'""111..-1 aL\...-U, ;::)Ll U\.IlUl C ~lL.C auu ~ClU'H,;K..~, ll~ 1 c:Ial1UIl~I11p to land values and any other facts that may be used to measure or determine compatibility? Yes, the proposed use is compatible with surrounding uses. 22) Should the Special Exc.., .1on be granted with any noted limitation~. >,strictions and/or conditions? The special exception should be granted, and the Applicant sees no need for any limitations, restrictions or conditions. ,. , , __._._._'.__"W,___.___________ -~ - -..----.--.-....--.--.-------.--~-...,--,-------.,.-.-~---------.-~--_.------~----,_.~-..----.-----__.___~___.__'n___...___~.___.____~__~.______________._ _____ __._.'...______ ~ ~ CITY OF CAPE CANAVERAL ClnT:r-tT A T T!--.:.Tr'l...T\.rr"'TT'\."lt. T .:)r DI..AfiL DAt-.cr IlVl'\I WORKSHEET The purpose of this worksheet are two-fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; r);1"\rl 1'1\ +'" 0.....1"1"'11""'0"+.0. 1-h.o. n.__l;.roru...d- 0.(""1 +-'" +h.-.. ......_.:....-..-:..... ""......h;~t... __n"!+ 1-...... ......,.J.....:J_......~""'!-....:t ......-...3 "'.......L-.:......c........J u.uu \~J LV \.;UU\.IUL\",; LlH.... Uppll\.tUllL Ui:) LV L1 Ci l.tl.llGlld WIllLll lllU:j(.. UC:; (:tUU!t!~~t:U !1!!U ~!:!l!~l!eU 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) Does the Special Exception create any adverse impacts to adjacent property due to any of the following criteria? The applicant's request is for a Special Exception to allow a carwash in a Commercial (C-1) Zoning district. The C-1 zoning designation permits for the proposed use with the approval of a Special Exception, Section 110-334(14). The subject site was previously utilized as a carwash facility. Howeyer, it has been vacant for longer than 18 months. The existing structure is still located on the site and the applicant proposes to improve the lot to reutilize as a carwash facility. The following describes the existing uses of parcels adjacent to the site of the proposed use. West: Atlantic Boulevard is adjacent to and west of the subject site. South: Monroe Avenue is adjacent to and east of the subject site. East: Residential condos currently exist east of the subject site. lL[o1vever an existillg privacy' yvall buffers the residential units to the east j~rol;l tile subject site to the vi/est. Tile buffer wall should adequately achieve a consistent and compatible use with the proposed Special Exception. North: An office building lies adjacent to and north of the subject site. This use is consistent and compatible with the proposed use of the subject site. 1.) Noise Will or does the noise from anyone use offend another existing use? Some noise may be generated by the automatic carwash and the four vacuum centers. Signs, Exterior Lighting and Glare ~ 2.) Are signs or exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate any spill-over light or glare onto an adjoining use? The applicant proposes to improve the existing signs to meet non-glare requirements. & '!:j, (~! \. cA J ,~/ 3.) . Vibration Will or does any vibration from anyone use offend another existing use? Minimal lJihrnfinn rnnlJ ho nnfirinnfod .f'1"nWl tho /11dnWl/1ti" "/1V1Alnpl, ~ "'.....~ """""'............., .....""",)' ~- -..................J:''''''...--J' '-""'v ...,"", """"'''VII''''''''''L-< '-'\.4.-1 rVUJ..l{L. 4.) Other Detrimental Effects Will there be, or are there, any odors or other detrimental effects upon adjoining properties? No offensive odors are anticipated from the proposed use. 5.) Storm water Runoff Are there any special stormwater runoff treatment measures required and or from adjoining uses? The applicant proposes to utilize the existing drainage system. . . - . - - .. , . . , 6.) Traffic Are there differences in types and sizes of vehicles? The applicant proposes to serve "normal" sized cars, trucks, vans and occasional RV's or commercial vehicles. Are ingress and egress adequate? Ingress and egress appear to be adequate. The subject site has access to Atlantic Boulevard and Morse Avenue. The site maintains a vehicular circulation pattern through. Are there any auto and pedestrian safety issues? No auto or pedestrian issues appear to be substantial What is the anticipated number ofvehic1es in the peak hour? The anticipated number of peak hour trips is 76 vehicles. Are traffic flow and control addressed? Traffic flow and control has the potential to be addressed. Is there adequate eTIlergency access ill case of fire or medical emergency? .L4dequate emergency access appears to be available. Access is granted on Atlantic Boulevard. 7.) Hours of Operation Do differences in hours of operation offend another existing use? Due to the fact that the carwash has self wash stalls, it is likely to be accessible at all times. The applicant has not addressed whether the self stalls will be operational 24 hours. If so, high activity during evening hours may have a minor disruption to adjacent residential uses east of the site. Loading and Unloading ~ 8.) Are there differences in loading and unloading between adjoining properties? Minimal to no loading and unloading is anticipated. , , (f3)' ~~ 9.) Parking Are there differences in off-street parking between adjoining uses? Cite the off-street "f"'\l"1.....1T~......rr T"a/'1'...~-r.c.Y\"\o.'Y'\+Cl .f...f"I............. +t-..a n~....,.-r......._....~n+..... In...........1 A.........T.....l........_...-............... """.......-:1...... ...............",+~............ rr'1_~ ~~_1:....~__.J. jJClU\..H'iS '''''iUH'''H''''HL~ HUH' LH'" CljJl-"UjJ'lC1LCi laHti UCiVCilVplHCiHll,;VUC; :,C;l,;llVll. 1flt: UjJjJtlCUfll does not meet the Parking Code, Section 110-491. However, the subject is existing and can be vested. 10.) Utility Requirements A rp '=lrlPI111<:ltP. o:lnrl1'"\1'"f"'\-nP1"'l'lT If\f"u:ltArl "llt111t113C'l .-:l"'Ur:l11#'l.hla') ^......o n+~l~hT .......o........n~.......o...........a......+c. .L ~~ ""''-A-'"'''''''1U.U-\.''' U.l.H..... 'pJ..'-'!:-,VJ.J.)' .1V\",IUL\.IU ULl..1J.L.l\.l0 u.VUJ..l<<U.l\..r~ ..rll\,.l UL.l.l.1LY l.'"""1UJ..lv1.1.l\..d..lLu substantially different from those required by adjoining uses? The applicant for the proposed Special Exception intends to utilize the existing structure and the utilities currently serving the site. ~ - ~. ~. ~. 11.) Refuse and Service Areas Are there adequate refuse and service areas? The applicant will need to address refuse servIce. 12.) Emergency Service Areas Win the Special Exception create any unusual police, fire or emergency services? No additional or unusual police, fire or emergency services are anticipated. 13.) Buffering and Screening Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Cite the appropriate landscape and buffering requirements from the land development code as applicable. Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. This Section states that there shall be screening and buffering between commercial and residential zoning districts. The residential use adjacent to and east of the subject site is in the Commercial C-l zoning district and therefore the buffering and screening requirements do not technically apply. However, a screening wall does currently exist between the subject site and the existing residential. 14.) Size and Appearance Are there serious differences in structural appearance between adjoining properties? Are "'- . there serious or extreme structural size differences? No serious size or appearance differences are anticipated. The applicant states that the proposed structure is anticipated to be smaller than the existing one. 15.) Relationship to land values? Are property values impacted? If so, what is the impact? The proposed special exception is not likely to have a negative impact on land values. This is due to the fact that currently, a dilapidated building structure exists. Any improvement to the site with the - - same use will likely improve the relationship to the subject site and adjacent ones as well. ~ . ~ 16.) Comprehensive Land Use Plan What are the applicable goals, objectives and policies of the Comprehensive Plan which apply to this Special Exception? Is this Special Exception consistent with the intent of , , '!;, those goals, objectives and policies? The request is consistent with the Comprehensive Plan, LV Policy 3.3. The City shall enforce its requirements pertaining to densities and intensities of land use in each land=use category-i.e., C-l - COll1111ercial: zoning regulations impose a variety of requirements, depending upon type of use. 17.) Risk Factors Does Potential energy storage pose a risk to surrounding area? What recommendations are made by the Fire Department? .L"^!o recommendations ~from the .Lr;'ire Departnlent. 18.) Environmental Conditions Are there any environmental conditions applicable to this request? No environmental ' , - , , - " , impacts are anticipated for the proposed Special Exception. The following questions are used to summarize the impact of the information above 19.) Is this Special Exception consistent with the intent of the zoning district in which this Special Exception is sought? The subject site is located in the C- I zoning designation. The proposed carwash is permitted as a special exception in the C-l zoning designation under Sec. 110-334(14). Special exceptions permissible by board of adjustment. (14) Carwashes, including polishing, and sale of related materials. 20.) \^lill the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setback requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc? The proposed use has the potential to meet most of the requirernents. Additionally, the site is vested as an existing use/structure. 21.) Is the proposed use compatible with surrounding uses in it's function, it's hours of operation, rjpe and amount of traffic generated, structure size and setbacks, it's relatiolls11ip to lalld use -values and any other facts that may be used to measure or determine compatibility? The proposed use appears to be compatible with the surrounding uses. Residential condos currently exist within the C-l zoning district and east of the subject site. However an existing privacy wall buffers the residential units to the east from the subject site to the vvest. The buffer wall should adequately achieve a consistent and compatible use with the proposed Special Exception. 22.) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? Special conditions apply to the proposed /:)pecial Exception. Please see Staff memos for special conditions as well as further determinations on special conditions and limitations made by the Planning and Zoning Board and the Board of ~ ., ~ Adjustment. , , " " /T5) ~ AUTHORlZATION STATE OF FLORlDA COUNTY OF BREVARD BEFORE ME, the undersigned notary public, personally appeared DAWN M. HEATH, who .having been duly s\x/orn, \varrants and represents as follovvs: 1. I am the Vice-President and Director of HEATH & HEATH SYSTEMS, INC., a Florida corporation. , 2. HEATH & HEATH SYSTEMS, INC. is the owner of the following described real property located at l04 Monroe A venue, Cape Canaveral, FL 32920: Lots 9,10 and 11, Block 19, AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida. (The "Property") ____~____ _~ --~--- 3. Heath & Heath Systems, Inc. is under contract to sell the Property to James M. K 1 T TT rl ~ ~~ 1 ~ v b- 'I; rl rl ....appemaros aKa James l\...app anu 1 ara .f~appemaros ar<:a 1 ara l~app, _usuanu anu wife, ("Kapp"). 4. As part ofthe Contract, Kapp is authorized to seek the renewal/issuance of a Special Exception for the Property for operation of a car wash. The Contract and authorization for Victor M. Watson to apply for the special exception has been approved by both the Affiant and by her husband, Jerry J. Heath, who are the sole shareholders and o\vners of the corporation. 5. HEA TH & HEATH SYSTEMS, INC., hereby authorizes VICTOR M. WATSON to act as the applicant for the Special Exception on our behalf, and on behalf of the Kapp's as purchasers under the Cont~., / - 6. Further affiant sayeth not. /, I/o /'j I , cIA' /' / I A:,,; ~I/J / /// (/~ 1 /(c/-/Jl~ ( Dawn M. Heath, individually and as Vice-President and Director of HEATH & HEATH SYSTEMS, n-~C. . . 8T ATE OF FLORIDA COUNTY OF BREVARD Sworn to and subscribed before me by DA \VN M. HEATH, individua!!y and as Vice-President and Director of HEA TH & HEATH SYSTEMS, INC., who is personally known to me, or who has produced _ 'fl A- \)l- as identification, and \-vho did take an oath, this ~~?J~l_ day of AD'(', \ ,2008. , f, "'\ ~ - -.- /. 1 I , cA ~ . """". ' \ I \i ' ~ ,.,'0":-:<." f,~';:,., J. M. VAN GilDER i " ." i ~ ~~. .1-," /",' _ " . '. __ / ' .' I~~:{ ~ V~ M~COMMISSiON#DD582328 ,& i ,Ill l,,--,/tx A ~ Y ),_,.\ ./ ~ "-:r.:.?'":,,:,..Jf EXPiRES: November 28,2010 N'otaJ..v Public ~~ttp'r" 'f\~\'" BOrilj8d Thru .I\JO~$lfV I'ublic Urirlen'jriters i i.J .""" . ," ,"" \J --~- -- .~ _.~-~_._~.- -- 111M 'rm~/I~~~m/~~~~lll~~~Wllffl~~Jlmluu " CFN 2005146715 04--28-200508:51 am , OR BoOk/Page: 5458 / 3412 , Prepared by and return to: ~ Glenn T. Sundin, Esquire '-- 335 South Plumoaa Street Scott Ellis sui te A Clerk or Courts Brevard Counly Merritt ruland, Florida .J'::'";1~~ #Pgs: 1 #Name8~2 Trus\: 1.00 Rec: 9.00 Serv: 0.00 WARRANTY DEED ~--... 3,500.00 ':xclse: 0.00 Mtg: 0.00 nt Tax: 0,00 THIS INDENTURE, made 'the 27th day of April, 2005, EETWEEN Harry Paul Marlowe, a single man, whose addrefls is 104 Monroe Avenue, Cape Canaveral, Florida 32920, (hereinafter referred to as the "Grantor") and, Heath &0 Heath Systems, Ine., a Florida co:r;po~~tiCJn; whose address is 7814 }Jorth ll.tlantic Avenue" Cape Canaveral, Florida 32920 (hereinafter referred to as the "Grantee") , WiTNESSETH that said Grantor, for and in consideration of the sum , _ , , of TEN'DOLLARS .($10.00), and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, .bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Brevard County, Florida, to-wit: Lots 9, 10 and 11, Block 19, AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes ~____~_~or__~~~y~ar 20~~~nd subse~e~~_xears. ______~~___________________ ______________~____ _ ___ and said Grantor does hereby fully warrant the title to said land, and will defend the sam.e against lawful claims of all pers'ona whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. '---::/~ /lzuJ:1 J7L~~ Sundin ~arry~aUl Marlowe _ )i~1"_T: _ #<-~~~~ _, ~rlntea n~~e: u~enn T. SunctlD Appraiser's Parcel Identification: 24-37-23-cG-00019,Q-0009.00 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this 27th day of April, 2005, by Harry Paul Marlowe, who is personally known to me or who hqs produced Florida Driver's Licensgs identification and who did not take an oath. NOTARY PUBLIC J1t.. I.I,_I~ (j"\; :"C::::O~1Q prr;:t~~;: - d~;;Uundin $ 0 ~7'-....I ~.kJiy17 200a My ComnusSlon explres: scripUon: Brevard,FL Document - Book.Page 5458.3412 Page: 1 of 1 fer: 2153346 Comment: , I , C .j' \ "~' ) .-..,< I , M1 ~ C ro ! ! II /l M1 I R3 I I R2 II I , I I I Ml R3 R2 Ml Cl HI )( HI Rl I I I I R2 R2 Cl f:1 , , , ,. , C2 :z: Cl i rnI~t I I L=:J ATLANTiC OCEAN II I ~~ !i I ~1I."'irml~ ~ I PUllI~~EZ~R3 <' : @]0~$R3 "":) " ~ ~ >cO ~\- . · El~JI n/ ii "\,Y'-,eW-,Cf) ~~~ R3 R3 R3 CI; ,; >~~~R3 I -~ ~~r~ I I I ~ ~-- I I I "ill" 111/ , f I PROPOSED , I L--.....JL----II.--J L------.J f R3 DDUC? FUTURE LAND USE D~L' Cl COMMERCIAL , C2 COMMERCIAL/MANUFACTURING Cll ~ Ml INDUSTRIAL Rl RESIDENTIAL P.1 I /0 HZ RESIDENTIAL HI Cl I BD R3 RESIDENTIAL PUB PUBLI%RECREATlON CON CONSE VATION AREA L-Jc:::::7 .6. ARCHAELOGICAL SITE ~crJ R:2 ~~ 0 crJc=J 0 ~ D~ ~ SCALE: 0 500 1000 i'l....r-\...J rr1'Y OF' rA PP. r.A NA VERAT, gE:=-Sg<F.:E ~~?~~~ " !! --....- ~ -- ---------~-.---- :vey, Harris &. 'vValfs, Inc. i 1 LOCAL COMPREHENSIVE PLAN PVJ../NERS . ENGN;:ERS . lAHDSCJJ>E ~crs FUTURE LAND USE MAP t:31 s..Orl...".,I,__'s..~ 2C-O.~~U'k. r1.J.:1211t no.- <U:lt"Ut."-'4 r_ ~~.IU't'nu Figure 7-3 ..kJS NO. 9sa.0-4 CATE:: 01-OS-SS r:\PROJ\~Ile..O.\WAPS\f1C7~Cl"PI~ I RADIUS MAP I HEATH & HEATH SYSTEMS INC I watson500 I ,-., (\!I !c:c:: ~! ! ~: I _. - - _. -. I I I I u "\ ~ I i ~ I I I I I I " i I i o ...'" ~ ':'i~>2:::,:;::;-~; ,c: C,.0..RVEf-:2 DR iST.\i\t10J'; c: RD ",:T;::-j,;'iG ?'::ST ,;::; ---_.~,,---,~~"'~,. G::C: HE MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet Legend BUFFER DISTANCE: 500 feet e t e Notification buffer This map ~as comgiied from recorded documents and does not refiect D Parcel/lot boundaries an actual ~urvey. i he Brevard County Board of C .. not .. . , ommlSSloners does assume responsIbility for errors or omissions contained hereon. r---l . . L-.-J Notified Properties Produced by: Brevard County Planning & Zoning Office - GIS 3/11/2008 .... . > Subject Properties , City of Cape Canaveral Special Exception 08-02 Monroe Carwash Applicant: Victor M. Watson, Esq. Location: Section 23 Township 24 Range 37 - .. . . - .. . Permitted DU per acre: Commercial C-I NI A Proposed Number of Units: N/A Proposed Density: N/A Current Future Land Use: Commercial C-l Current Zoning: Commercial C-1 Description: The applicant proposes to rehabilitate an existing carwash located at the northeast comer of Monroe Avenue and North Atlantic Avenue. North South East West Zoning C-l Commercial C-l Commercial C-l Commercial N. Atlantic Ave. Comp Plan C-] Commercial C-l Commercial C-l Commercial N. Atlantic Ave. I Existing I Office i Commercial! I Townhomes N. Atlantic Ave. I I I- I I I j Conditions I I Ketail I i I I I I I Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty- four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,317. This is still adequate park space available. Additionally, the proposed Special Exception is not anticipated to directly impact parks. N. Atlantic is operating at Level of Service "D" with 261 available peak hour trips from George King to Central Blvd. North Atlantic from Central Blvd to AlA has a level of Service is "D" with 277 excess trips. If developed as proposed, the site could generate 76 peak hour trips on Saturday (the busiest travel day of the week.) $ , "" (5i5? '--_// rr'L_ n~.L _ _.1:' /"""1____ n________.._l _______~..1__ '1"'17__..L_____..L___ ,...-,____..L________.L, r-y,1 " lIle ~llY 01 ~ape ~aIlaYelal plOYlUe~ nastewau:~r .treatment. 1 ne waslewmer treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total "Vater capacity of 56 r-v1GD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. - - -- - -- - - - -- - Brevard County provides facilities for Solid Waste Disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Galveston-Urban land complex (Ga) soil type. The soils in this complex are well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. The water table generally is below a depth of 60 inches; it is between 40 and 60 inches for short periods during the rainy season. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. The vast majority of the site is impervious. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development would not directly generate new residents to the City. ~ , , -, , , Rl \do/I ,~~ ~1~~~ - Ii\~g. r .'1'" .--. . :!i 11; ---.-.-. :....::.:..-:-.:---~ A1LA.~nc 8Q.lllEVARO ~ ,r S ~i1" : '.. 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'.. '.. '.' '., ! --------'-.:-.... ~A~~~~n~~'::;.':,':;<:' .' . . .'. .' I ._-.~ ---------.---- J ~ I ::;;~ ~.- -r..-::lIllk", ~ >Ill :CAVlDA.. BLOCK SURVEYfNG & MAPPfNG ~~t:t1l ........ -- :: _ }mum"" mu, r;t;/lIII'Hff :- 2:%7$ ... Cl:lUft1!IoI,\y Pll'Irt. sum: 7 . atDllll1T l!I'lJlN). n. 3295.1 '..IIll~ - I'l{ON(, J2t4$2-'t048 " FAX: 321-452-11109 m'i OF ~ '-~. _."".........,..~.... . ......""..t\~t-t... ~i!i' ,11:: "'l''-_-'';;:;-- 0 ~ <::. ~ '- ~. II II = \ 7-/ :z. , , , , , , , MEMORANDUM TO: Todd Peetz City Planner - - - _. - - -. - -. FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 04/30/08 RE: Special Exception Monroe Car Wash Facility Public Works staffhas reviewed the special exception request package for the referenced property <:iJ:ld have the following COllnnent: 1). \-ViII a recycling system be used for the wash water? If so, what type or system win be utilized (grit filters, oil/grease traps, etc.). Note: Wash water may 110t be discharged to the sanitary sewer system without approval of the Public Works Director. " , , (~~ \~/ -..,-~_/ '--"-...... _'-,-~ .L.-../'-' f I .1f.:J~ Law Office3 ::Jf$3. 1 " ' .; '''' ,,':' " WATSO:'-l, SOILE..4l:, DeLEO, :a.UR(;ETT, PlCKLES & BAUGHAN . :':i~l:~' f~})l " l'ROn:SSIONAL ASSOI 1/\ nON J490 !'lORTlI u; lUGH.W I>. Y i r:OCOA. fLORIDA 3'7.9!6 ";Wn,;' "lCTOR ~I. w....TS()!'>' H:LI1PJHI.....:: :!,>~ t~ .! -'I~ . , .T(JH:'i 1. ~on.EAUf (321)OI-I~ ::;;:t:: i.~; ~ .JOSEPH E. DeLEO . . ..,...J ]i'" .? '...-\.CY I.. nunCCIT FAO,lr.lIl..l'. )tll~t;; :1 111\10TflY F. PICb:I.IiSr (JU )'3 i. 151\ 7 s(TrfT:'>t. DJ\UCHAN ~+. ..,.,"" 'f" · :s:~Ti1 D.. an1-~tAN J....t :(rt:UI:\'E E, ",MIRO!> t:. ::Ii{J I -t:to,"fib CDl'I'IJ"l'Cr.lf\l Q.F.Al. rl'I,(Jl"f.;ll1'\. v..\\ June 6, :.WOS City ofCa~ C<UI"vcral Viafacsimile. g6R-1233 _. _. - _. - Ann: Jeff fu1tlif[~ "'1'" ~ -, - " .-. i.. ~~:--'. ,. '" .' . ",> ,~" 1:'"/,, ~ -1~;1 Re: Applica.tion fil. Special Exc<:plinn property: 1 M Monroe .'\xeIllW Own~J': Hegch & IIw.h Systems i,-;~L" '~ Applicant: Vii.;lur M. WiltSon, anurnt:y tor James K<lPllcmaro3 W1d Tarn ~lfppemtL.'"OS . "~l~it:" ,9 ,-. ...- 's.;.o'J~' .. ,,_~!~~!r':- J ])~f1f Mr, R;uliffe: "j . a'~" \ -, ,.r'!;~f' i' Y <HI had 11 quef.tion regardmg the wa.ter dispo~l 3Y:itenl for the proposed car wash . !-,?"."E; : ,;~ (, .~ r~:habiltatiorjrcnovatiLllI.<; located at MOIm.Ir: Avenue. Cape CarHJ,vcntl. The em- wash will use the }f(r I si;;;11C "~pn.l"(l.tor" sy~eTil which is cunenrly in pl~(., and I.','aS in U!ie for !!,nl'lY yeari, Each bav v.ill have a ;'pit" which will capture the watl':'r and will allow sill f1nd sedimenB to seult; out. lhe rem<l;ning waterwiU bt: '5cp1ir~ted and "divent::d" and ',,,,ill then be r1i~poscd OfiD the "iiHitary ',: ';; ~'i: , ~ sewer <,yst,;;rtL .' ..J'....;- ,// 11/\ .~ Plea'" let 7 if YO" have on, furlh'" q ,,,,,rions. or oeed allY'"i"" f>lr!!>cr. ,,' , Sinerl: "f r . ~ J J / // #' / "~~ j " f.r I;=--~ 2',~~< ~/~ f L Wl1t:;on -, " ';n~~:; f .j:. V!vfW:dJa ~. , cc: ];HTlt:S Kappcrnaros antl Tara KflPP'lmaros , , ,~r:~I~>;: ',' , , } "i-"~;~L...:'~ ~ .. ~~~'~'. L > ';01 !' Iif;'; R ~ ij ~ !j; ,t i; , ;: ;;,..~~:::J~~ci. ' \ ; ~ ":'-":"'.~" :~ 'v:"' '<d.(:~.~. 0 -::: TOTAL P.D? ~ ~ , , ;~ ~0) MEMORANDUM TO: Todd Peetz City Planner - - .. - . - . . . FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 06/24/08 RE: Car Wash Facility Special Exception 104 Monroe Avenue The property owner of the referenced facility has submitted plans for a proposed wash water recycling system to be used at the ne\-\! car \vash facility. Public \Vorks staff has reviewed the plans and find them to be sufficient and in compliance with City of Cape Canaveral ordinances - especially since no wash water from the proposed system will be discharged to the sanitary sewer. " Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: June 2, 2008 Re: Monroe Carwash Special Exception Review - _. -. - - - -. - I have reviewed the submitted Monroe Carwash Special Exception and do not have any comments to the proposed special exception. I want to note that there was a pre-existing car wash facility on this site. The proposed use is a car wash, because the building is not being expanded but remodeled and thus does not constitute a site plan. I want to note the following items are not consistent with the current with the current code. However the site has an existing non-conforming structure and is not required to meet the current code. This list is for informational purposes only. a) Landscaping code, Sec 110-566 and 110-567 b) The site has utilized a portion of the existing structure as a non-conforming residential unit in the past. The applicant does not intend to utilize the non-conforming residential unit and the requested special exception does not include a residential use. If you have any questions, or need further information please feel free to contact me at 407-629-8880. r:;i1 ~~)J Page 1 of 1 Susan Chapman =~~~_.~~~m~~~_ ---~~==~~m~Y~~~'~'~~Y~~~~~_==~~_m~~Y~'==~~H===~'_~='~~'.~'=~~~=V~~="~~~m=^ From: John Cunningham ucunningham@ccvfd.org] Sent: Monday, August 04, 2008 11 :58 AM To: chapman-cape@cfl.rr.com Subject: FW: Re: Monroe Carwash Susan, We have no further comments, Thanks ,. - - , , ,. From: John Cunningham Sent: Tuesday, May 13, 2008 2:42 PM To: Todd Peetz (TPeetz@millerlegg.com) Subject: Re: Monroe Carwash Todd, Their was a unit above the car \^Jash that the O\^Jner lived in, is their still going to be someone living theii ? Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) nameda If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If vou have received this electronic message in error; please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (,T 1.::. \ \ v. ...J...'--I , 1ir 08/04/2008 June 24, 2008 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Special Exception Request No, 08-02 Notice is hereby given by the City of Cape Canaveral, that applicant Victor M. Watson Esq., 3490 N. U.S. Highway 1, Cocoa, FL 32926 has requested a Special Exception for a Carwash Facility in the C I-Zoning District pursuant to the Cape Canaveral Code of , , Ordinances, Zoning Regulations, Section llO-334(c)(l4) for the property described as follows: " " Legal Description: Township 24S, Range 37E, Section 23, Block 19, Lots 9-] 1, Avon by the Sea. Parcel ID: 24-37-23-CG-00019.0-0009.00 (l04 Monroe Ave., Cape Canaveral, FL 32920) In accordance with the City Code of Ordinance No. 04-2008, this letter shal! 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, July 9,2008, at 7:30 P.M. in the City Hall Annex, ] I] Polk Avenue, Cape Canaveral, FL. \\ \\\\ , III \ l1(\riJa.c(l111 ~':IfK' 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 50Q-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 Clerk1s Office at 105 Polk Avenue~ Cape Canaverai, FL 32920. ~ . ~ ~~ It ' ' l I '.~-. J - , ~ 1 (]r3JS~=~~ )SO Ilel 1- -_/ , < , < Memo . ' . .. Date: July 17,2008 To: Susan Stills, CMC, City Clerk / From: Susan Chapman, Board Secret l/ Re: Legal Advertisement Request Special Exception #08-02 ----------------------------------------------------------------==------------------------------------------ Susan, A Board of Adjustment meeting is scheduled on August 11, 2008 to consider the attached Special Exception Request. Please process the attached legal ad. If you have any questions, please let me knm,.,f. Thanks. . City of Cape Canaveral July 17, 2008 Florida Today , ,. - - , , - , Attention: Legal Advertising Please publish the following legal ad, one time, on or before Wednesday. July 23.2008 in the Florida Today, and furnish affidavit as proof of publication: Notice of Public Hearin~: The Board of Adjustment, City of Cape Canaveral, Florida, will hold a Public Hearing to consider a request for a Special Exception to Allow a Car Wash in the C-1 Zoning District. The meeting will be held at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on Monday, August 11 , 2008 at 7:00 PJ\!1" Special Exception No. 08-02 to Allow a Car VVash in the C-1 Zoning District (104 Monroe Avenue) - ParcellD: 24-37-23-CG-019.0-9.00-11.00, Plat Book 0003, Page 0007 - Victor M. Watson, Esq., Petitioner. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. !f you have any questions regarding the above legal advertisement please contact the City of Cape Canaveral's Community Development Department at (321) 868-1222. Susan L. Chapman Secretary to the Board of Adjustment , , '~, , 105 Polk Avenue · Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 .. FAX: (321) 868-1247 vlww.myflorida.com/cape . em ail: ccapecanaveral@cfl.rr.com Published Daily STATE OF FLORIDA COUNTY OF BREV ARD Before the undersigned authority personally appeared KATHY CICALA who on oath _. - _. - -. - - . - says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY , a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD# 977366 $ 51.08) the matter of CITY OF CAPE CANA VER.<\L IA~ml=m I Notice 01 Public Hearing: the Court The Board of Adiustment, City - of Cape Canaveral, Florida, will hold a Public Hearing to NOTICE OF PUBLIC HEARING conside'r a 'request -for a- Special Exception to Allow a Car Wash in the C-1 Zoning District. The SPECIAL EXCEPTION #08-02: ALLOW A CAR WASH IN Cl ZONE meeting will be held at !he City Hall Annex, 111 Polk Avenue, Cape' Canaveral, Florida, on BU_ u_l_1~_L_...l ~.~ ....L_ FLORIDA TODAY I MondaY" August 11, 2008 at ],00 P.M. WaS pUlJ!ISIleu III IHe I: i~~a~ El~iP~~itiN~ i~i~~~ L11. the issues of JUL Y 23. 2008 I Zoning District (l04 Monroe ! 6_\lonua.), _ _ o a"""e I ,10. 124::l'i-23-CG-019:0-9.00~J1.00' . Plat Book 0003, Page 0007 Vlc- Affiant further says that the said FLORIDA TODAY tor M. Watson, Esq. Petitioner. , Interested parties are invited to i attend this meeting and be is a newspaper in said Brevard County, Florida, and that the said newspaper has : heard. If an', persort decides to ; appeai any decision made by the Board of Adlustment with heretofore been continuously published in said Brevard County, Florida, regularly as resP€clto any matter consid- , ered at lhls meeting, helshe I will need a record of !he pro- stated above, and has been entered periodicals at the office in ceedings~ and for such purpose as matter post heishe may need to ensure ~~~~:~~i~a':ord of the I !\.tiPT .ROlln Nlr in Q<;:\l(l "Rrp"~rrl rr.llnt.., hlnririo::l .fAr ~ np.r~Arl nf' Anp ...,p<;lr nl3v-t nr.:::u-.,orl-il1{'"f :_~l l::l :::'1' . .:'-'-"::':-:-:'_~~~'~.":'.--=-_"'::..':._~_~_ ..':...':..:.. ....................:.- ~;..""'..~..':.'U. _.""""'Udd,,J, i ...................~, ............. ;...a, 1-'...........'-""-'1......-.... 'V.i."'V ]""U.... ..1..1............,.'- jJ..l......""""'''''".1..L.i.5 -.--.-.---- the first publication of the attached copy of advertisement; and affiant fuliher says that she has neither paid nor promised any person, frrm or corporation any discount, rebate, commission or refund for the purpose of securing this ,...advertisement foi"-publication in , ./ -) said newspaper. /) j! 1 V Sworn to and subscribed before this 2 rd. day of JULY, 2008 r......X'Il,AA..iiOWiiAN--1 ~~~ Iii/ Coi'i'im# a00e013SO ';} \Expires 10122J2010 I C (Sig~~ofNotary Public) J . 'vida Notary A$8n.,1ne . JULIA A. BOWMAN ,,,'~l!I€f",,!~\i ~_ ;!"'~ I< -,.'>('..11............ (Name of Notary Typed, Printed or Stamped) Personally Known X or Produced Identification Type Identification Produced , , > ~ '.::) j \:'::.-// PLANNING & ZONING BOARD -i4~r MEETING MINUTES -..,. -- JUL Y 9, 2008 - A Regular Meeting of the Planning & Zoning Board was held on July 9, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the ~~1I lUll. MEMBERS PRESENT " , , , Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate Ron Friedman 2nd Alternate OTHERS PRESENT C::llc~n rh~nm~n Board Secretary \,JV....JIl.AII '-'11\.Apll It...... I I Bennett Boucher Citv M;:m::JOp.f - ..J ~w._.. .-;::}-. Barry Brown Director of Planning & Development Todd Peetz City Planner Todd Morley Building Official Kate Latorre A . t t C't AU SSIS an_ J! Y _ _ .orney Shannon Roberts Council Member Todd Peetz, City Planner, introduced Barry Brovvn, the City's nevy Director of Planning & Development. Mr. Brown greeted the Board members and highlighted his professional work history. Ail persons giving testirnony were sworn in by Assistant City Attorney, Kate Latorre. NEW BUSINESS /-\ ---------/ , I 1. Approval of Meetinq Minutes June 11 . 2008. Motion by Harry Pearson, seconded by Lamar Russell, to approve Hle meeting ~ minutes of June 11, 2008, with a few minor corrections. Vote on the motion carried unanimously. r"\ Motion and Recommendation to the Board of Adiustment Re: Special L.. Exception Request No. 08-02. to Allow a Carwash in the C-1 Zoninq ni~h';.~t !1n.11\./!.-..,..,,..-..c b.\!c,..,,,c\ _ \Ji.~t^,.1\.~ \A/",tc-.",,.., C<,,-. o....t;tj."'ne'"" L.Jlvl.llVl. \ IV.... lYIVlllVv I \,V\",.I"llUv/- VI'-'\.VI IVI. YVO\..vVll, L-..:J\...f., I C:;;lILV I. Planning & Zoning Board DRIJ/:? Meeting Minutes July 9, 2008 Page 2 -- BIlIiliNI J1IIJM -- III Todd Peetz, City Planner, gave an overview of the request. He advised that the property was located at the northeast corner of Monroe and N. Atlantic Avenues. He explained that since 1986, the use of the property was a car wash. In July of 2005, the City posted the mobile home on top of the concrete structure as unsafe, and the operation of the facility ceased. Since the use of the property was abandoned, the granted special exception expired. The Petitioner, Victor M. - ,. - ,. - ,. - - , . Watson, Esq., has applied for a new special exception. He further advised that the applicant planned to eliminate the residential use by removing the mobile home, make improvements to the site, and beautify the building facade. In revieWing the conceptual plan submitted with the request for special exception, he noted that there were no significant changes to the proposed site. Mr. Peetz highlighted listed City staffs comments and recommended conditions: The conceptual plan showed a sidewalk around the site, this should be provided; a green space should be provided between the sidewalk and roadway; the chain link fence will be removed; the east wall will be painted consistent with the building colors (west wall face only); the structure should be brought into building code compliance: the buildina facade should be consistent with the elevation , >oJ presented; the pavement needed to be repaired or resurfaced; a stormwater permit determination from St. Johns River Water Management District should be provided, as part of the repair/resurfacing; the City landscaping codes, Sections 110-566 and 110-567 should be met; residential use should not be permitted; and a water recycling system should be used, as requested by the Assistant Public Works Director. Victor l\~. \Natson, Esq., Petitioner testified that the property was used as a car wash since 1968. According to the City, the original Special Exception expired for lack of an occupational license. The property was presently under contract to be purchased by James and Tara Kappernaros. He advised that the sale of the property was contingent on obtaining a Special Exception, and obtaining all necessary approvals to rehabilitate and improve the property. The proposed appearance of the property was approved by the Community Appearance Board, and would greatly enhance the property by the work to be done. The mobile home on top of the concrete structure would be removed and a complete new roof constructed. He further testified that the Special Exception would allow a use which was compatible with surrounding uses; meet minimum requirements and performance standards; and allmv substantial improvement to the property; the existing sign would be used; his client agreed to use reclaimed water; the first two recommendations from city staff (a sidewalk around the site; and green space be provided between the sidewalk and roadway); non-glare lighting would be installed; the east bay was an automatic carwash, and the others were coin operated. ; ; , % ~" '3Gll ""--..v Planning & Zoning Board DRAFT Meeting Minutes July 9, 2008 P::lm~ ~ . -:::;J- - Mr. Watson advised that 960 sq. ft. of the building was going to be a deli, with a drive-up window at the west end. The use is allowed by the C-1 code, as a principal use. The Board members reviewed the submitted conceptual plan. Discussion was held regarding vehicles being stacked at the drive-up deli 'vvindo'vv which may affect the designated parking spaces and back-up into N. Atlantic Avenue. Todd Peetz advised that the applicant would need to demonstrate how they would deal with the traffic conflict. Mr. Peetz noted that ,. ,. , . there was no site plan required, because the structure was not changing. Two adjacent residential property owners voiced concerns regarding noise and additional traffic. Discussion followed regarding: noise from the automatic car wash and vacuums; and hours of operation as a condition of recommended approval. Mr. vVatson advised that he would speak to his client regarding hours of operation. Todd Morley, Building Official, advised that the concrete structure was structurally sound, however prior to a building permit being issued they would need to submit certification from a licensed structural engineer. Discussion was held regarding an existing block wall on the east side of the property. Mr. Peetz verified that the wall met the required buffering. He noted that both properties were located in the C-1 zoning district. Mr. Johanson commented that perhaps the applicant couid add buffering to reduce noise vilth trees, in addition to the wall. Mr. Russell advised that there was an existing code enforcement case. Kate Latorre. Assistant Citv P..ttorney, responded that conditions of a qranted spedal '.oJ _ . exception couid assist both the Petitioner and the City to bring the property in compliance with the cited code enforcement violations. Discussion was held regarding recommended conditions of approval. Motion by Donald Dunn, seconded by John Fredrickson, to recommend approval of Special Exception Request No. 08-02, with the following conditions: 1. A sidewalk shall be constructed along the south side of the property, per city code. 2. Green space shall be provided between the sidewalk and roadway, , ~ along the south side of the property. 3. The chain link fence shall be removed. 4. The east buffer wall shall be painted consistent with the building color(s). ,~ '.:::5 i1 . .) ,---.........--..... Planning & Zoning Board Meeting Minutes J)DA~. July 9,2008 Pt=!oP. 4 - -'.;;;J- . ~.IIIiII~ffIIfIJIfIIII_ -11$I". I 5. The building shall be brought into compliance with applicable City codes. 6. The building facade shall be consistent with the elevation, as shown on the submitted conceptual plan. - - _. - - _. - _. - - 7. The pavement shall be repaired or replaced. 8. A stormwater permit determination from 8t. Johns River Water Management District shall be provided, as part of the pavement repair/resurfacing. 9. The property shall be brought into compliance with the City's Landscaping code. 10. Residential use shall be prohibited. 11. The hours of operation for the auto wash and vacuums shall be restricted to 7:30 a.m. - 9:30 p.m. 12. The City's Building Official shall determine adequate lighting hoods to mitigate any spillover lighting. 13. Trees shall be planted and maintained, along the west side of the east buffer wa!!. The City's Director of Planning & Development shall work with the property owner in determining adequate tree type(s) and placement. 14. The water recyciing system pian that was submitted to the City's Assistant Public Works Director or an equivalent plan shall be used at the new car wash facility. Note: No wash water from the proposed system shall be discharged to the sanitary sewer. Vote on the motion carried unanimously. ~. l~g) ~ ~, " City of Cape Canaveral Date: July 10, 2008 To: The Board of Adjustment Members - - .. - .. - . - . From: Barry Brown, Director of Planning & Development services~ Community Development Department . Re: Recommendation to the Board of Adjustment Special Exception Request No. 08-02 To Allow a Carwash in the C-1 Zoning District 104 Monroe Avenue Victor M. Watson, Esq., Petitioner -------------------~-~~~~~~~~~~~~~~~~~~~~=============~----------------------------------------------------- At the Planning & Zoning Board meeting held on July 9, 2008, by unanimous vote, the Board recommended approval of Special Exception Request No. 08-02 with the following conditions: 1. A sidewalk shall be constructed along the south side of the property, per city code. 2. Green space shaii be provided between the sidewalk and roadway, along the south side of the property. 3. The chain link fence shall be removed. 4. The east buffer wall shall be painted consistent with the building color(s). 5. The building shall be brought into compliance with applicable City codes. 6. The building facade shall be consistent with the elevation, as shown on the submitted conceptual plan. 7. The pavement shall be repaired or replaced. 8. A stormwater permit determination from St. Johns River Water Management District shall be provided, as pari of the pavement repairlresurfacing. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 · SUNCOM: 982-1222 · FAX: (321) 868-1247 vvww.myflorida.com/cape · email: ccapecanaveral@dl.rr.com ,r--') l.3C1 > ~ f""\ 1_ __ _. _ __ n -; _ __ ~ __ __ n _ _ a _I' _ r"lcHHllny (X Lonmy ooara s Recommended Conditions Special Exception Request No. 08-02 104 Monroe Avenue July 10, 2008 Paae 2 v - - , -, -, 9. The property shall be brought into compliance with the City's Landscaping code. 10. Residential use shall be prohibited. 11. The hours of operation for the auto wash and vacuums shall be restricted to 7:30 a.m. - 9:30 p.m. 12. The City's Building Official shall determine adequate lighting hoods to mitigate any spillover lighting. ........ Trees shall be planted and maintained, along the west side of the east I,). buffer 'v.vaIL The Director of Planning & Development Services will work with the property owner in determining adequate tiee type(s) and placement. 14. The water recycling system plan that was submitted to the City's Assistant Public 'Norks Director or an equivalent plan shall be used at the new car vvash facility. Note: No wash water from the proposed system shall be riil",.,.h......t"',...."ri "'0 i-h_ 5-......;+--' _......'u-._ UlvvllOl8c;u L L11C; OlllLal Y "CWCI. City of Cape Canaveral Certified No. 70060100000246189950 - -. - _. - - _. - - July 17, 2008 fiLE COpy Victor M. Watson, Esquire 3490 N. U.S. Highway 1 Cocoa, FL 32926 Re: 104 Monroe Avenue, James and Tara Kappernaros, Property Owners Dear Mr. Watson: The attached will serve as your notice of the up-coming Public Hearing. The City of Cape Canaveral's Board of Adjustment will consider your Special Exception Request No. 08-02 to allow a car wash in the C-1 Zoning District, 104 Monroe Avenue. The hearing will be on Monday, August 11, 2008, at 7:00 P.M., in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. If you have any questions or desire additional information, please contact the City of Cape Canaveral Community Development Department, 7510 N. Atlantic Avenue, Cape Canaveral, Florida 32920 or telephone: (321) 868-1222. Sincerely, Susan L. Chapman Secretary to the Board of Adjustment , 105 Polk Avenue .. Post Office Box 326 .. Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 .. SUNCOM: 982':1222 .. FAX: (321) 868-1247 www.myflorida.com/cape .. email: ccapecanaveral@cfl.rr.com @ "'""'" CAPE CANAVERAL MPO CAPE CANAVERAL, Florida 329209998 1169180280 -0095 07/17/2008 (321)783-3163 04:54:34 PM - "",1"", R"I'Ain-r --- _..... I __ ,.___....._ Fina] Product Sale Unit Description Qty Price Price Pre-paid Mailpiece Acceptance , , , . - - o lbs. 0.70 oz. Label If 70060100000246189950 Acceptance Date: 7/17/2008 4:54:32 PM ~ .. ~ , =: ~.. T'''~' . ' ~., '. .'. ' Total: $0.00 ~ ~~~t~~:~..~r:tH:llr'I'~'j~1l['1'!~W~;n1~4'IA'!'fM'~1';!~:'1"'> 1 Paid by: ~ I . ,,> . ,jC.,~', . ..'" '" ',' 'h... I .::r- I I ----- ~ Order stamps at USPS.com/shop or call D~stoNo I s; I /' LA . . v .V"V ~ " ~ '1~\ 1-800-Stamp24. Go to USPS.com/clicknship ~ Certified Fee .w / S; \. 0\ to print shipping labels with postage. CJ (1.I f P6stmark \ ~ \ For other information call 1-800-ASK-USPS. D Return ReceiptFee . ,j') r ~ \ :>: (Endorsement ReqUIred) '\ -..-ol I ,::;:: B111#: 1000502261638 D Restricted De!i.veryFe", .,J, \ ) j/ Clerk: 08 CJ (Endor \\'-'0 ", ' ,,! ,-q '~/ C! .,._._ \/irotrw' fill \l\l::ltc:rm l=c.:f1Ili~ 0 ,.~/ All sales final on stamps and postage. JV1Cl Vi......,.......,. t.l. ..""""'........-.., _-"'1-'I~ ",,/ Refunds for guacanteed serv~ces only. ...D =-= 3490 N. U.S. Highwav 1 ---- -- J Thank you tor your bUSIness. L-J ibSnrJ - J f CJ r Cocoa. FL 32926 ..000......1 *~x*****************************x***xxx* r~ fSfree; , I *~*~x~~~~*~~*~**~*~~**~~~~**~xx~~***x**~ ,wro .;;J HELP US SERVE YOU BETTER Go to: http://gx,galluo,com/pos ~--- .. . : I , ~ !.H Ii :. . ':.. "11 ..... ~ t ; - TELL US ABOUT YuuR RECENT POSTAL E~PERIENCE \lAIID ()CThlT(',1i.1 ("nl jl\!T~ Tvvn vr-...,,......Vl" vv.....,..;'-' **~*xx*~~******x~x^~xx*~~xx^~Xx*~**K~X** **AX*~*~~*XX~K*~^*~~~~XK~~XX~~~*****~~*~ r'IIC-.-' ,-_~'-'- SENDER: COMPLETE THIS SECTION II Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. III Print your name and address on the reverse so that we can return the card to you. 1111 Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: Victor M. Watson, Esquire 3490 N. U.S. Highway 1 Cocoa, FL 32926 3. Service Type ~ Certified Mail o Expre....<:s Mai! D Registered '-!. Return Receipt for Merchandise o Insured Mail o C.O.D. , I 4. Restricted Delivery? (Extra Fee) Dyes -' 2. Article Number 7006 0100 0002 4618 9950 (Transfer from service label) ~, PS Form 3811, February 2004 Domestic Return Receipt '4'1' 102595-Q2-M-1540 \ e.<:.. f ~