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Home My WebLink AboutP & Z Packet Oct. 22, 2008Call to Order Roll Call NEW BUSINESS City of Cape NNNING & ZONING BOARD MEETING AGENDA CITY HALL ANNEX 111 POLK AVENUE OCTOBER 22, 2008 7:00 P.M. 1. Approval of Meeting Minutes: September 24, 2008. 2. Recommendation to Board of Adjustment Re: Special Exception Request No. 08-06 to Construct a Single Family Residence in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, Lot A.02, Oak Lane - Bernard M. Lennon, Petitioner. 3. Recommendation to City Council Re: Section 110-171(a)(2) - Changing the Requirements for a Restaurant to Serve Liquor from a Minimum Seating of 200 to 150 Persons - Brigitte Krause, Owner of Izzy's Bistro, Applicant. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appear is to be based. This lis nuuc;e dues not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. PP.r.gnn.q whitriiSaitilitiPG nppriinn accictanrc to ll �ra.GGiinnrfininnfn in gni/ of thn.o r pdinns _.__.._ ..._..—..—........ ....... il,!__ should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting.) 7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - Fax: (321) 868-1247 wwwmyflorida.com/cape - email: ccapecanaveral@cfl.rr.com Date: October 15, 2008 To: Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: October 22, 2008 P&Z Board Meeting Our agenda this meeting is comprised of one special exception and a request to revise our ordinance. Bernie Lennon is requesting a Special Exception to construct a single family residence in C-1 zoning on property located on Oak Lane. Brigitte Krause who operates Izzy's Bistro is requesting that we bring our local ordinance in line with the Florida Statute regarding the minimum number of seats a restaurant must have in order to serve liquor. At the meeting I will provide a status report on projects in the City and a summary of the role and responsibilities of a city planner. PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 24, 2008 A Regular Meeting of the Planning & Zoning Board was held on September 24, 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., immediately following the Sign Code Workshop. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Anthony Garganese Susan Chapman Rocky Randels Robert Hoog Shannon Roberts Barrs Brown NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate City Attorney Board Secretary Mayor Mayor Pro Tem Council member Planning & Development Director 1. Approval of Meeting Minutes: August 13, 2008 Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of August 13, 2008. Vote on the motion carried unanimously. 2. Recommendation to City Council Re: Final Replat for Sea Shell Cay North Townhomes - John Johanson. Applicant. John Johanson declared a voting conflict and stated that he submitted the required form to the Board Secretary before the meeting. The Board Secretary confirmed same. Barry Brown, Planning & Development Director, gave a brief overview of the project; and reported that staff reviewed the final replat and recommended approval. He announced that the applicant had made a revision which the applicant would explain to the Board. Planning & Zoning Board Meeting Minutes September 24, 2008 Page 2 John Johanson advised that he was part owner of the property; Ron Friedman had called him and advised there was an error on the North side of lot 3 by .01, because the surveyor's computer rounded -up the measurement. Chairperson McNeely commented that the Board normally had more information. She had questioned the acreage of each lot during the preliminary replat review, and verified that the acreage was corrected on the final replat. She questioned why there were variable widths to the ingress/egress easements. John Johanson responded that the variable widths allowed for access to the property and utilities. City Attorney Garganese advised that the Board's only consideration was per Section 98-56. The Planning & Development Director, Barry Brown, reiterated that staff reviewed the final replat and recommended approval. Brief discussion followed. Motion by John Fredrickson, seconded by Donald Dunn, to recommend approval of the Final Replat for Sea Shell Cay North to the City Council. Vote on the motion carried unanimously. OPEN DISCUSSION Donald Dunn commented that the Board had been accused by one on the members of City Council, who was present in the audience, of being reactive and not proactive. He responded to that comment stating that the goal of the Board was to serve the City as best it can with the information provided to them. He advised that he had recommended that building height be increased from 45 ft. to 100 ft; or get rid of the height requirement altogether; or only consider counting the floor below the roof, and not count a restaurant on the top floor. Barry Brown informed the Board that City Council had requested that he ask the Board members opinions regarding being interviewed for reappointment. Bea McNeely asked how to reconcile having an open mind, like the Board members have been asked, without heaving a vision. She was still waiting for visioning sessions with the community. She stated that she did not have a problem with being re-interviP.wpd- I amAr RiiS_qAll arivicari that ha hart aecietnrl in kidirlinn tho City code and he defended it. He cautioned that the City needed to careful about changing the codes they already have. He asked the Board to consider planning for change and redevelopment, and be willing to explore new thoughts, debate and swap opinions, then vote and move on. He stated that he did not have any problem with being re -interviewed. Harry Pearson stated that it was perfectly fine vviuI L-: cv -e ie-ihter0ewed. Chairperson McNeely called for a consensus of the Board regarding being interviewed by City Council for reappointment. By consensus, there was no opposition from the Board members to be interviewed by the City Council for reappointment. �_r Planning & Zoning Board Meeting Minutes September 24, 2008 Page 3 Bea McNeely questioned where the City was going to get more Board members? Lamar Russell responded that they get their members from residents of the City. She stated that there should be a real effort to recruit volunteer Board members. John Johanson suggested that City Council give the Board more direction of what they envisioned for the City's future, and keep dialogs open with the City Boards; Cape Canaveral is not the City of choice, because it does not have much to offer; redevelopment is very important, and now was the time to explore the codes and make changes in the best interest of the City's future. Barry Brown advised that Phil Laurien, East Central Florida Regional Planning Council (ECFRPC), was including money in his budget to lead the City's visioning sessions, but he did not know right now how much money he will have for our sessions. Mayor Randels explained where the money comes from to support the ECFRPC. He noted that some cities decided not to fund the ECFRPC in this year's budget. Motion by Lamar Russell, seconded by Donald Dunn, to add an item onto the agenda. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Lamar Russell, to recommend that the City aggressively pursues the visioning process. Vote on the motion carried unanimously. John Fredrickson asked for a status report of existing and upcoming projects. Barry Brown advised that he would bring a status report of the projects to the next meeting. Barry Brown advised that the Board meeting scheduled for October 8th would be ranreilPd- therefnre the nett Pr)nrul meeting ;,.WNW IIA be held — October 00-4 Mayor Randels applauded the Board's efforts to pursue visioning. There being no further business the meeting was adjourned at 8:45 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Planning and Zoning Board October 22, 2008 61A "I - e. Request: For a Special Exception to allow for a single family residence in the C-1 zoning district. Subject property: Lot A.02 on Oak Lane. The property is .91 acres in size and is currently vacant. Future Land Use and Zoning designation: C-1 Commercial. Surrounding zoning: The property is entirely surrounded by C-1 Commercial zoning. Surrounding uses: While most of the lots on Oak Lane are vacant, the surrounding area is residential in use with multifamily residential to the North, single family residential to the East and vacant lots to the South and West. Description: Mr. Lennon would like to construct a single family residence on his property on Oak Lane. According to Section 110-334(c)(10) of the Code, a Special Exception must be granted in order to construct a single family residence in the C-1 zoning district. The only concern staff has is regarding the condition of the Oak Lane right-of-way. Currently, the Oak Lane right-of-way is unimproved with the exception of some asphalt that has been deposited over time over a portion of the right-of-way. The City has no plans to construct Oak Lane at this time. At some point in the future Oak Lane will have to be constructed to City standards to support additional residential construction and associated traffic. It may be that at the time the Don Haynes property (located at the West end of the road) is developed or upon replat of single family lots into townhome lots, that roadway construction would be required. Water and sewer are available. Recommendation: The request is in keeping with the nature of the surrounding area and therefore staff recommends approval. Agenda Item Ro. 2 Page 1 of 1 A l f I � ' BEACH PARK LA A.02 OFC LA f �•�'. i ARBOR DIR r' lam._ 'l.•'` ..''iii~ � .� 1 f�( - r � r _ tr -- http://www.brevardpropertyappraiser.coin/scripts/esrimap.dll?name=Brevardl &id=2008... 10/16/2008 Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=2008... 10/16/2008 W Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=2008... 10/16/2008 City of Cape Canaveral Building Department (Please Print Legibly or Type) '(( ° U DATE FILED =_ FEE PAID 11"2t .' % DEPOSIT 11,, l RECV`D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) zeaV ,;,v Address of request (if applicable) Ir Legal Description: Lot Block 0 Parcel Subdv Section Township Range 3 7 2 9`-2 ✓"- 4�'._,,: 9: c1occc: 0 0; STATEMENT OF FACT: State of Florida, County of Brevard; I �PtjAI 'D M, r-601 being duly sworn, depose and say that, I am the property owner. I am the oTATrIeT(c) dPLi(TTl'ai'Af1 � ab �Tent. (no b-- tarlied authorization required) Owners) Name (s): Sk7,e N 9 R b Address: N.1'7 / 4 T ' zi � ✓� z � �=�� G;�1r�"� �'<�# *I v�''P_ i_� �L . s' 2�� Home Phone i'3 5 ;� - Work Phone y✓ E -Mail en Applicant(s) Names(s):,� Address: Home Phone Work Phone E -Mail All information, sketches and data contained and made part of this request, are honest and true to -the best of rry knowledge and belief_ Signature of Applicant =before me on this : ; da ff,, i 20 F :E_ Sworn tdand �ub�cn t Yof O rAA..'tikof FLORIDA ed t fc` Susan L, Cape Commission ?# DD3843Q6 Notary Public, State of Florida Expires BAR. 23, 2009 Bonded T v gclntir, Bonding co., Inc, The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) 2 t _ City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION Ties application must be legibly completed and returned, with ail enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. DATE: 1. NAME OF APPLICANTS) , J RZ • ADDRESS (if assigned) 0.9e z-, of C - PHONE # FAX # E-MAIL, 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: PARCFT •- ;Z' y- 3s�-1%' . pc,C 6� ��' c t SIZE OF SUBJECT PROPERTY IN ACRES: t SECTION: TOWNSHIP RANGE: DESCRIPTION:-5igErs�tc r%r� s� 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 4. CO vRTi LE T E THE ATTACHED WO 1�iriEE T IN FULL. (IN COMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) L-' , 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, uaillc 1WW anu control, and emergency access in case of fire or medical emergency. 4 s__- (b) Adequate off -strut parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. (c) Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining properties and will be permitted and in compliance with all adopted codes and ordinances. (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space. (h) Height. (i) Landscaping. 0) 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 tc, 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 necess?,-y): 5 a 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. CRITERIA (Building Official or Designee to verify) Does the Special Exception create any adverse impact to adjacent property due to any of the following criteria? 1) Noise Will or does the noise from any one use offend another existing use? 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 spill-over light or glare onto an adjoining use? % o 5 /c ,us � ^ i�p' 6,le-, /7 7 / A-� e--, > Z &_ 3) Vibration Will or does any vibration from any one use offend another existing use? 4) Other Detrimental Effects Will there be, or are there, any odor or other detrimental effects upon adjoining properties? 5) Stormivater Runoff Are there any special stormwater runoff treatment measures required and or from adjoining uses? b) Traffic Are there differences in types and sizes of vehicles? Are ingress and egress adequate? AJ Ara thara anv arrtn trr- nar-Pctrian eaiattr iccrrac'7 ....., .,...,.., .....J ......�. k,.,......,�...a....,.....—.7 ..,.,u.,.,. f54jtA" w`. What is the anticipated number of vehicles in the peak hour? Are traffic flow and control addressed? Is there adequate emergency access in case of fire or medical emergency? IWA "ee 15 .?brae e - 4 r c- 7) Hours of Operation Do differences in hours of operation offend another existing use? 17— —1-1r � " e;i�' l 4F1d � sidi�G Lac 8) Loading and Unloading Are there difference�ys in loading and unloading between adjoining properties? A-toIAJ ty 9) Parking Are there differences in off-street parking between adjoining uses? Cite the off-street parking requirements from the appropriate land development code sections. 10) Utility Requirements Are adequate and properly located utilities available? Are utility requirements substantially different from those required by adjoining uses? 11) Refuse and Service Areas Are there adequate refuse and service areas? fc' --iki .> s _ed le- e : ,eExos fir'- f a zt , 12) Emergency Services Will the Special Exception create any unusual police, fire or emeraencv 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. 14) Size and Appearance Are there serious differences in structural appearance between adjoInIng p�openDies? Are there serious or extreme structural size differences? IS / 15) Relationship to Land Values Are property values impacted? If so what is the impact? 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? f (f/s /?�wi r / Jr e /V 6 7011 7' day 7- 6; 1z:7 j 5 � to, 17) Risk Factors Does potential energy storage pose a risk to surrounding area? What recommendations are made by the Fire Department? A Aj49(R1 57-oR 6i!- &V,6-6 �'?5 o A15tz'r�'r'crs4 i� I3� ..9 18) Environmental Conditions Are there any environmental conditions applicable to this request? AJO 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? 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.? R � � 141 to L,;j I E_Z- -MrF--'r .46-z- Oe JJIAi& 21) Is the proposed use compatible with surrounding uses in its function, its hours of operation, 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 compatihi 1 ity? m-- j I -. . _ — l5— J — 0 f 15 Z_— ��VC/r.i�F�is V�%) Wy ."-F� • - v Hyl v 22 Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? City of Cape Canaveral, Florida Planning and Zoning Board October 22, 2008 STAFF REPORT Applicant: Brigitte Krause, Owner of Izzy's Bistro Request: To amend the City Code of Ordinances Section 110-171(a)(2) for the amount of seating that a restaurant needs in order to have a liquor license; changing the minimum seating requirement from 200 to 150 seats. This would bring the City code in line with Florida Statutes. Description: Section 110-171(a)(2) of our code requires a separation of 2000 ft. between establishments licensed by the State for on -premise consumption of alcoholic beverages with the exception of: restaurants seating 200 or more persons; hotels and motels; and restaurants serving beer and wine only. Florida Statute 561.20 only requires a restaurant to have 150 seats in order to serve liquor where our code calls for 200 seats. We have no minimum service area requirement. 561.20 Limitation upon number of licenses issued. -- (2)(a) No such limitation of the number of licenses as herein provided shalt henceforth prohibit the issuance of a special license to: 4. Any restaurant having 2,500 square feet of service area and equipped to serve 150 persons futt course meats at tables at one time, and deriving at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages; however, no restaurant granted a special license on or after _January 1, 1958, pursuant to general or special taw shall operate as a package store, nor shall intoxicating beverages be sold under such license after the hours of serving food have elapsed; or Recommendation: I do not know why_ our code is different from the Florida Statute_ The requirements per Florida Statute have been in place at least since 1966 and - probably longer. Regardless, I can't think of a reason why we would not want to be in line with State statute on this issue. Requiring more seating than the State could create a competitive disadvantage to the restaurants in our City. Staff recommends approval of the requested Ordinance revision. Agenda Item NO. 3 r J �y Tr-Z�S 0 9 S 7 R C7 19 June 2008 Todd Morley City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FI 32920 6,-.6 N. Atlantic Avenue Cape Canaveral, FL 32920 Phone (321) 783-4548 Fax (321) 783-8050 Email: info@IzzysBistroFlorida.com Re: Requested code amendment of City Ordinance Section 110-171(A)(2). Dear Mr. Morley: Thank you for your recent reply to my request for amendment of the city ordinances: Since it appears that Izzy's Bistro would be precluded from obtaining the special exception prescribed in ordinance based on other 4COP licensees within 2000 feet, it is not necessary to pursue the specific ordinance change at this time. However, I am interested in exploring the exemption that you noted for restaurants seating 200 or more persons. As you may be aware, related Florida Statute Section 561.20 "Limitation upon number of licenses issued", subsection (2)(a)4 provides an exception for "Any restaurant having 2,500 square feet of service area and equipped to serve 150 persons full course meals at tables at one time, and deriving at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages;". (copy of state statute attached). Izzy's Bistro can meet the exception requirements of the state statute. Provided City Ordinance (110-171(B)(2)a) could be amended to match the state statute (150 persons), I would be interested in pursuing this option. I am available to discuss the specific requirements, including permitting and impact fees, at your convenience. Once again, thanks to you and your staff for your attention to this matter. I look forward to hearing from you. Sincerely, Brigitte Krause Owner tatutes & Constitution :View Statutes :->2007->Ch0561->Section 20 :.. Select Year: 2008 The 2oo8 Florida. Statutes Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO http://www.flsenate..ov/Statutes/i ndex.cf-n?p=2&App mode=Display Go Chapter 561 View Entire BEVERAGE LAW: Chapter ADMINISTRATION 561.20 Limitation upon number of licenses issued. -- (1) No license under s. 565.02(1)(a) -(f), inclusive, shall be issued so that the number of such licenses within the limits of the territory of any county exceeds one such license to each 7,500 residents within such county. Regardless of the number of quota licenses issued prior to October 1, 2000, on and after that date, a new license under s. 565.02(1) (a) -(f), inclusive, shall be issued for each population increase of 7,500 residents above the number of residents who resided in the county according to the April 1, 1999, Florida Estimate of Population as published by the Bureau of Economic and Business Research at the University of Florida, and thereafter, based on the last regular population estimate prepared pursuant to s. 186.901, for such county. Such population estimates shall be the basis for annual license issuance regardless of any local acts to the contrary. However, such limitation shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors in such county. (2)(a) No such limitation of the number of licenses as herein provided shall henceforth prohibit the issuance of a special license to: 1. Any bona fide hotel, motel, or motor court of not fewer than 80 guest rooms in any county having a population of less than 50,000 residents, and of not fewer than 100 guest rooms in any county having a population of 50,000 residents or greater; or any bona fide hotel or motel located in a historic structure, as defined in s. 561.01(21), with fewer than 100 guest rooms which derives at least 51 percent of its gross revenue from the rental of hotel or motel rooms, which is licensed as a public lodging establishment by the Division of Hotels and Restaurants; provided, however, that a bona fide hotel or motel with no fewer than 10 and no more than 25 guest rooms which is a historic structure, as defined in s. 561.01(21), in a municipality that on the effective date of this act has a population, according to the University of Florida's Bureau of Economic and Business Research Estimates of Population for 1998, of no fewer than 25,000 and no more than 35,000 residents and that is within a constitutionally chartered county may be issued a special license. This special license shall allow the sale and consumption of alcoholic beverages only on the licensed premises of the hotel or motel. In addition, the hotel or motel must derive at least 60 percent of its gross revenue from the rental of hotel or motel rooms and the sale of food and nonalcoholic beverages; provided that the provisions of this subparagraph shall supersede local laws requiring a greater number of hotel rooms; 2. Any condominium accommodation of which no fewer than 100 condominium units are wholly rentable to transients and which is licensed under the provisions of chapter 509, except that the license shall be issued only to the person or corporation which operates the hotel or motel operation and not to the association of condominium owners; 3. Any condominium accommodation of which no fewer than 50 condominium units are wholly rentable to trancinyntc LNl is is It.czr,� Seri .i +-k c ��_ __ c, s li�.�.n U lamer circ provisions of cha�,trr )nq aim of which is located in any county having home rule under s. 10 or s. 11, Art. VIII of the t$ 8/29/2008 7:46 AMIl >tatutes & Constitution :View Statutes :->2007->Ch0561->Section 20 :... http://www.flsenate.gov/Statutes/index.ef-n?p=2&App_mode=Display... State Constitution of 1885, as amended, and incorporated by reference in s. 6(e), Art. VIII of the State Constitution, except that the license shall be issued only to the person or corporation which operates the hotel or motel operation and not to the association of Cominium owners; 4.ny restaurant having 2,500 square feet of service area and equipped to serve 150 ons full course meals at tables atone time, and deriving at least 51 percent of its revenue from the sale of food and nonalcoholic beverages; however, no restaurant ted a special license on or after January 1, 1958, pursuant to general or special law shall operate as a package store, nor shall intoxicating beverages be sold under such license after the hours of serving food have elapsed; or 5. Any caterer, deriving at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages, licensed by the Division of Hotels and Restaurants under chapter 509. Notwithstanding any other provision of law to the contrary, a licensee under this subparagraph shall sell or serve alcoholic beverages only for consumption on the premises of a catered event at which the licensee is also providing prepared food, and shall prominently display its license at any catered event at which the caterer is selling or serving alcoholic beverages. A licensee under this subparagraph shall purchase all alcoholic beverages it sells or serves at a catered event from a vendor licensed under s. 5b3._02(1), s. 564.02(1), or licensed under s. 565.02(1) subject to the limitation imposed in subsection (1), as appropriate. A licensee under this subparagraph may not store any alcoholic beverages to be sold or served at a catered event. Any alcoholic beverages purchased by a licensee under this subparagraph for a catered event that are not used at that event must remain with the customer; provided that if the vendor accepts unopened alcoholic beverages, the licensee may return such alcoholic beverages to the vendor for a credit or reimbursement. Regardless of the county or counties in which the licensee operates, a licensee under this subparagraph shall pay the annual state license tax set forth in s. 565,02(1)(b). A licensee under this subparagraph must maintain for a period of 3 years all records required by the department by rule to demonstrate compliance with the requirements of this subparagraph, including licensed vendor receipts for the purchase of alcoholic beverages and records identifying each customer and the location and date of each catered event. Notwithstanding any provision of law to the contrary, any vendor licensed under s. ;65.02(1) subject to the limitation imposed in subsection (1), may, without any additional licensure under this subparagraph, serve or sell alcoholic beverages for consumption on the premises of a catered event at which prepared food is provided by a caterer licensed under chapter 509. If a licensee under this subparagraph also possesses any other license under the Beverage Law, the license issued under this subparagraph shall not authorize the holder to conduct activities on the premises to which the other license or licenses apply that would otherwise be prohibited by the terms of that license or the Beverage Law. Nothing in this section shall permit the licensee to conduct- activities onductactivities that are otherwise prohibited by the Beverage Law or local law. The Division of Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to administer the license created in this subparagraph, to include rules governing licensure, recordkeeping, and enforcement. The first $300,000 in fees collected by the division each fiscal year pursuant to this subparagraph shall be deposited in the Department of Children and Family Services' Operations and Maintenance Trust Flinn to hP iigP11 nnl\/ for alcohol and drug abuse education, treatment, and prevention programs. The ~ v remainder of the fees collected shall be deposited into the Hotel and Restaurant Trust Fund created pursuant to s. 509.072. However, any license heretofore issued to any such hotel, motel, motor court, or restaurant or hereafter issued to any such hotel; motel; or motor court, including n condominium accommodation, under the general law shall not be moved to a new �l 8/29/2008 7:46 AM ARTICLE IV. SPECIAL EXCEPTIONS Page 1 of 5 ART CLE IV. SPECIAL EXCEPTIONS DIVISION 1. GENERALLY Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconforming. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162--110-170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES* *Cross references: Alcoholic beverages, ch. 6. Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this section and also the following: (1) The establishment shall not be permitted to locate: tA) Within inn feet of any existing church, school grounds or playgrounds nor shall a c1 /lurch, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on - premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. (B) Within 300 feet inland of the mean high-water line of the Atlantic Ocean or of the Banana River. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the mean high-water line of the Atlantic Ocean or of the Banana River. (2) The establishment, if licensed by the state division of alcoholic heverages and http://library l .municode.conVdefault/DocVlew/12642%11194/198 8/28/2.008 ARTICLE IV. SPECIAL EXCEPTIONS Page 2 of 5 tobacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection are: a. Restaurants seating 200 or more persons. b. Hotels and motels which are approved in accordance with City Code. c. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. 2. Consumption of food and malt beverages shall be on premises only; however, food carryout without the malt beverages may be permitted. Further, in accordance with Florida law, one unsealed bottle of wine may be removed for consumption off premises if purchased and partially consumed with a full course meal consisting of a salad or vegetable, entree, a beverage, and bread. A partially consumed bottle of wine to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises and shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with. A dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle the container with the resealed bottle of wine must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. 3. A restaurant licensed under this exception shall not derive_ less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection. i he owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above in nrriar to maintain +tlion the ham Sspeciali cxceuuvi i iauCuiii ii iE-; http://libra_ry1.municode.com/defauIt/DocView/12642/l/194/198 8/28/2008 Cityu3Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILED 9 `(& FEE PAID &O, Co DEPOSIT RECEIVED BY 5ge- $ 250.00 FILING FEE IS NON-REFUNDABLE ------------------------------------------------------------------------------------------------ NATURE OF REQUEST _ SPECIAL EXCEPTION VARIANCE REZONING APPEAL X CODE AMENDMENT (IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET #I OF TOWER APPLICATION) ----------------------------------------------------------- DESCRIPTION OF REQUEST -- (Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted) (Attach separate sheet if necessary) r l (-) —171 *200-- +-Ca %- 0 ...:....._. Address of request.ry Legal Desc. LOT BLK. SUB. TWP. Range STATEMENT OF FACT: State of Florida, County of Brevard; i U4(- 46 L P-C-5(71?I,191-/6tv I7 I am the o wner. Kr:FUS,� , being duly sworn,_depose and say that: -� owner. I am the owner's designated agent.(Attach notarized letter of authorization) Owner's Name 5 Y2 (6-` TTF__ KAJPL)3 (- Address/- L 15 M /47l C t v e7C 6 City Ah'6: i s AM VC -A, tr 4- State I Home Phone *.32 I-q&cj -i6 6 Work Phone # ZI Y S - g- ,r<ZUther (If other than owner) Applicant's Narne Address City State Home Phone # Work Phone # Other Zip Zip U information, sketches and data contained and ,Trade pat t of this request are. c hnnPr �a of my knowledge and belief. - - - - Sworn to and subscribed before me !� this -a Zt � i 7 pi t3 r S I F OF �- ^� t � SBS `l L, Cha ure of Applicant TJnfa D1rI�l' Cf ADD 84306 ry u 2C, arc v rrvriud F7 ;.Es. 'LIAR.. 23. 2009 erdeu rilru _ ------------------------ ---------------------------------- Bunning4g:,1•ap.------------------------------------------ The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planninc, & Zoning Board Meeting: request for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Te{ec n munications Towers, sixty 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, see code section 110-92 for applicability) FOR CITY L'SE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant by Certified Mail No. Notice posted on Bulletin Board on Notice posted on subject property on Prop owners within 500 fl •" on �(f/CG, notched on k;�l j:s :�_^=� 1�1� 1•`t� �jiiYi_'j."C t 5[t HM!QUn4 fi .lar? l:n rti E? Gi, CILI APPLICATION FOR AMENDMENT TO THE CITY OF CAPE CANAVERAL CODE -OF ORDINANCES DATE: 9-0--C)6 APPLICANT: -E1-'1&17-7-6- DBA - is, 7 ADDRESS: 641, A-1, /4 City e-j(,,qGo - IGD(p State FL zip 32-92�3 TELEPHONE: REQUESTING AMENDMENT TO CODE SECTION 1120 /7/(a)(2) SECTION PRESENTLY READS: it 0 - 1-7 / it Re -f, seccr I n 200 p? %J REQTT'F,:SiTEDt-ii-ANGETOP,cAD- I- ryl or 4Z Pe jj--, REASON FOR REQUESTED CHANGE: Ali T (ATTACH -A-DDIT.LONAL SHEETS IF NECESSARY) FEE FOR REQUEST: S250.00 DATE PAID: