HomeMy WebLinkAboutAugust 5, 2010 - BOA packetCALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
City of Cape Canaveral
Community Development Department
►OARD OF ADJUSTMENT MEETING
AGENDA
201 POLK MVE IN' UE
AUGUST 5, 2010
7:00 P.M.
1. Motion Re: Approval of Meeting Minutes —June 3, 2010.
2. Motion Re: Request to Modify Special Exception No. 08-02 - Carwash at
104 Monroe Avenue —James and Tara Kappernaros, Property Owners.
OPEN DISCUSSION:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Board of Adjustment with
respect to any matter considered at this meeting, that person will need a record of the
proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute consent by the
City for the introduction or admission into evidence of otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings
should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting.
This meeting may include the attendance of one or more members of the Cape
Canaveral City Council and/or Quasi -Judicial Board members who may or may not
participate in Board discussions held at this public meeting.
75 10 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
www.ciryofcapecanaveral.org • emaiI: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
June 3, 2010
A Meeting of the City of Cape Canaveral, Board of Adjustment, was held on June
3, 2010, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape
Canaveral, Florida. John Bond, Chairperson, called the meeting to Order at 7:00
p.m. The Secretary called the roll.
MEMBERS PRESENT:
John Bond
Paula Collins
George Sweetman
Dennis Jenkins
Linda Brown
Douglas Raymond
Arvo Eilau
OTHERS PRESENT:
Susan Chapman
Kate Latorre
Barry Brown
Lamar Russell
Robert Hoog
Chairperson
Vice Chairperson
1St Alternate
2nd Alternate
Secretary
Assistant City Attorney
Planning & Development Director
Planning & Zoning Chairperson
Council Member
All persons giving testimony were sworn in by Kate Latorre, Assistant City
Attorney.
Chairperson Bond welcomed Arvo Eilau to the Board as the 2nd Alternate.
NEW BUSINESS
1. Motion: Approval of Meeting Minutes — April 1 2010
Motion by Dennis Jenkins, seconded by Linda Brown, to approve the meeting
minutes of April 1, 2010. By consensus, the motion carried unanimously.
2. Motion Re: Special Exception Request No. 10-01 to Allow a Child Care
Facility in the R-2 Zoning District at Palms East Apartments 211 Caroline
Street, Section 14, Township 24 South Range 37 East Parcel 502.0 —
Jeffrey W. Wells, Petitioner for Palms East LLC Property Owner.
Board of Adjustment
Meeting Minutes
June 3, 2010
Page 2
Barry Brown, Planning & Development Director, advised that the owners of
Palms East Apartments desired to start a child care facility at their apartment
complex. The Planning & Zoning Board considered the request and
recommended that child care facilities be allowed, as a special exception, in the
R-2 zoning district, with specific criteria to evaluate the appropriateness of a child
care at a specific location. On April 20, 2010, City Council adopted an ordinance
to allow the use, as recommended by the Planning & Zoning Board.
Barry Brown advised that subsequent to approval of the ordinance, Jeff Wells,
Petitioner, applied for a special exception for a child care facility at the Palms
East Apartments. He gave an overview of the special exception request,
including: existing and future land use designation, existing zoning of
surrounding properties, as well as the subject property. He noted that the
applicant primarily intended to serve the working parents living in their apartment
complex. He reviewed the special exception criteria worksheet; and gave a staff
analysis of the request.
Jeff Wells, Petitioner, testified that if the special exception was granted, they
would try to open the child care facility by the time the school children are on
summer break. He noted that the cost to the parents would be very nominal.
The Board members reviewed a site plan showing the location of the child care
facility, surrounding apartment buildings, outside playground, and child drop off &
pick up area. He noted that the apartment complex was located just a block from
the elementary school. Brief discussion followed.
Motion by Dennis Jenkins, seconded by Linda Brown, to approve Special
Exception Request No. 10-01, as requested. Vote on the motion carried
unanimously.
OPEN DISCUSSION
Barry Brown, Planning & Development Director, gave an overview of the
Community Redevelopment Agency (CRA) process.
Motion by Dennis Jenkins, seconded by George Sweetman, to adjourn the
meeting at 7:40 p.m. By consensus, the motion carried unanimously.
Approved on this day of
John Bond, Chairperson
Susan L. Chapman, Secretary
2010.
City of Cape Canaveral, Florida
Board of Adjustment
August 5, 2010
gguest: To amend the Board Order for Special Exception Request No. 08-02. The
applicant is requesting removal of the condition to provide a sidewalk along North
Atlantic Avenue and may also want to address other conditions of the Board Order.
Applicant: James Kappernaros
Owner of property: James Kappernaros
Subject properly: Carwash, 104 Monroe Avenue. The carwash that was previously
crowned with a mobile home.
Future Land Use and Zoning designation: C-1, Low Density Commercial District
Surrounding zoning:
North — C-1, Commercial
East — R-2, Residential
South — C-1, Commercial
West— C-1, Commercial
Surrounding uses:
North — Office building
East — Residential - townhomes
South — Commercial
West — Commercial
Summary:
On August 11, 2008 the Board of Adjustment granted a special exception for a carwash
at 104 Monroe Avenue. Condition # 16 of the Board Order states "A paved access shall
be constructed, on the City right-of-way, along the West side of the property, for the
purpose of pedestrian safety". In other words, the requirement was to provide a
sidewalk along the west (No. Atlantic) property line.
It turns out that the sidewalk would be in Florida Department of Transportation (FDOT)
right-of-way, not the City's right-of-way, and that FDOT will only allow a sidewalk to be
constructed to their standards. This is a problem because there is not enough right-of-
way width to construct a sidewalk to FDOT standards (5 ft. in width with a one foot wide
grass strip between the sidewalk and curb).
Mr. Kappernaros is attempting to acquire the right-of-way from FDOT so he can
construct the sidewalk to City standards. It appears that FDOT is amenable to this, but
1
the wheels of FOOT administration turn slowly and it may take 6 to 12 months to obtain
the right-of-way, if at all. Because the Board Order calls for a sidewalk, the Building
Official cannot approve the final inspection until either the sidewalk is constructed or the
condition is removed/amended. While the Building Official is willing to issue a
temporary final inspection, Mr. Kappernaros wants to be relieved of this requirement so
he can receive final approval.
Mr. Kappernaros may also want to discuss other conditions including requirements for
landscaping.
Staff Recommendation to the BOA
Staff recommends amending Condition #16 to call for a sidewalk to be constructed to
City standards or as close to City standards as is possible when and if the right-of-way
is obtained by either the applicant or the City.
2
City of Cape Canaveral
August 12, 2008
Victor M. Watson, Esquire
3490 N. U.S. Highway 1
CAPP CA .... R- Cocoa, FL 32926
E: Special Exception Request No. 08-02 to Allow a Carwash Facility in the C-1
Zoning District, (104 Monroe Avenue), Section 23, Township 24 South, Range 37
East, Lots 9-11, Block 19, Avon by the Sea - (104 Monroe Avenue) - Victor M.
Watson, Esquire, Petitioner.
Dear Property Owner/Petitioner(s):
The Board of Adjustment of the City of Cape Canaveral has heard information and
testimony pertaining to your request at the meeting held on the 11th day of August,
2008.
Based on the testimony and information provided, the Board of Adjustment has granted
your request with the following conditions:
1
2
3.
4.
5.
6.
7.
8.
9.
10
11
A sidewalk shall be constructed along the south side of the property, per City
code.
Green space shall be provided between the sidewalk and roadway, along the
south side of the property.
The chain link fence shall be removed.
The east buffer wall shall be painted consistent with the building color(s).
The building shall be brought into compliance with applicable City codes.
The building facade shall be consistent with the elevation, as shown on the
submitted conceptual plan.
The pavement shall be repaired or replaced.
A stormwater permit determination from St. Johns River Water Management
District shall be provided, as part of the pavement repair/resurfacing.
The property shall be brought into compliance with the City's Landscaping code.
Residential Use shall be prohibited.
The hours of operation for the auto wash and vacuums shall be restricted to
7:30 a.m. - 9:30 p.m.
t i_ 120 7
'r:
Special Exception Request No. 08-02
104 Monroe Avenue
Board of Adjustment - Board Order
August 12, 2008
Page 2of2
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
wall. The Director of Planning & Development Services will work with the
property owner in determining adequate tree type(s) and placement.
14. The water recycling system plan that was submitted to the City's Assistant Public
Works Director or equivalent plan shall be used at the new carwash facility.
Note: No wash water from the proposed system shall be discharged to the
sanitary sewer.
15. A site plan shall be submitted, to scale, to be reviewed by City staff, to verify
compliance with applicable codes.
16. A paved access shall be constructed, on the City right-of-way, along the West
side of the property, for the purpose of pedestrian safety.
As per City Code Section 110-48, Any special exception granted under this chapter shall
expire if the applicant has not obtained a Certificate of Occupancy or Occupational
License as appropriate and utilized the special exception within 12 months of the date of
its issuance; provided, however, the Board of Adjustment may extend this time period by
an additional 12 -month period if the applicant can show good cause for the delay. If the
applicant desires an extension, the applicant shall submit its request directly to the
Board of Adjustment prior to the expiration of the first 12 -month period. Additionally, a
special exception shall expire and become null and void if the use granted thereunder is
abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used
herein, abandoned shall mean that the applicant has gone out of business, let all
business licenses lapse or has otherwise changed the use of the property in
conformance with the Code of Ordinances. Once a special exception has lapsed due to
abandonment, the applicant must resubmit its special exception request pursuant to
Section 110-46.
Should there be a violation to any part of this approval the special exception is subject to
revocation according to the City Code.
Sincerely,
Earl McMillin
Chairperson
Board of Adjustment
c: Barry Brown, Planning & Development Director
Todd Morley, Building Official
File
7/10
Date: 05114/10
To: The Cape Canaveral Board of Adjustments:
Re: Exemption for Car Wash (# 16 Condition)
In reference to your letter granting a special exemption for the Car Wash at,
104 Monroe Ave. Cape Canaveral, FL (see copy attached here in)
There are 16 conditions. I have fulfilled all conditions except # 16. This
conditions states, "A paved access shall be constructed on the city right of
way along the west side of the property." I ask that this condition be
stricken as part of the compliance conditions.
As you are aware, the right of way is not a city property but a FDOT
property, and under their control. I am working with FDOT to obtain said
property, but this could take up to a year to do and would seriously delay the
completion of this project.
I respectfully request that condition # 16 be stricken for this reason. I have
enclosed a copy of the letter from Todd Moynihan, who I have been
working with to obtain said property. I also have been working with the
surveyor David Block, at the request of FDOT (attached application)
I thank you in advance for your consideration in this matter and for a quick
response.
—..� ..r......... a.. =.1....a.�....�... V YY�..J..wiavu.swiav�J
'i o: mcm..com77@yahoo.cc
Date: Fri, May 14, 2010 10:27:30 AM
Cc:
Subject: Fwd: Surplus Property Request for approx. 4.5' of R/W at 104 Monroe/Atlantic in Cape
Canaveral
Sent from my iPhone
Begin forwarded message:
From: "Moynihan, Todd" <Todd. o nihan a>dot.state.0.us>
Date: May 14, 2010 10:22:48 AM EDT
To: "Jim Kapp (jimk-app Fe;conrcast.net)" <jin i; app c `,co ricast.net>
Subject: Surplus Property Request for approx. 4.5' of R/W at 104 Monroe/Atlantie in
Cape Canaveral
Good Morning Jim,
Per our phone conversation this morning, we are still waiting for your submittal to begin
processing the above referenced surplus property request. I understand the City of Cape
Canaveral has recently requested that this area be paved with asphalt as part of your
project. However, if this is in -fact FDOT owned property I must ask that no improvements
be made until the property has been officially been classified as surplus property and our
proposed transaction is complete.
Best Regards,
Todd Moynihan
FDOT Senior Appraiser &
Surplus Property Coordinator - District 5
(386) 943-5082
todd.movni hanCd-dot.state. fl. us
http:l/us.mg4.mail.yahoo.com/dc/launch?.gx=1&.rand=525no8fg5kufq 5/14/2010
Page 1 of 2
SURPLUS PROPERTY PROCESS
(Private property request)
WHO TO CONTACT: Todd Moynihan (3 86) 943-5082, FAX (3 86) 736-5207
FLORIDA DEPARTMENT OF TRANSPORTATION
719 SOUTH WOODLAND BLVD., MS555TM
DELAND, FLORIDA 32720-6834
Todd.MMoyn ihap(&ot.state.11. us
Please be aware that if property is adjacent to or near a current road proiect it cannot be declared
surplus until after construction is complete.
HOW TO START THE SURPLUS PROCESS:
Send a request containing the following:
1.) Official name and address of requestor, land owner, and all entities (private and public)
concerned with -request. All parties must be identified.
2.) , Provide a letter detailing who, what, when, and where. There should not be any questions as
to what your request is when it comes in.
( 3.) Purpose for surplus request and any supporting information for the request.
4.) Any sketches, surveys, drawings, aerials, and plans that show area to be declared surplus.
5.) Copy of last deed of record proving that requestor is abutting owner to surplus area, if applicable.
WHAT HAPPENS NEXT:
1.) FDOT will research how it acquired title to property and will have requested surplus area marked
on appropriate right of way map. If all the area requested to be surplused is covered under the legal
description the Department acquired title by and would not have to be altered (i.e., a whole pond site)
a boundary survey/legal description may not be required from the requester if the surplus is approved.
The determination of whether a boundary survey/legal description is needed from the requester or not,
will be made by Surveying & Mapping.
2.) Request will be forwarded to various FDOT departments for their review.
3.) When review is complete, FDOT will do one of the following:
a.) Ask for additional information
b.) Send letter stating why property will not be surplused.
c.) Send letter stating that surplus request has been preliminarily approved with the necessary
conditions included to proceed.
WHAT MAY BE REQUIRED OF REQUESTOR WHEN SURPLUS REQUEST IS
PRELIMINARILY APPROVED:
1.) If determined necessary, Requestor to provide, at their expense, 2 certified (signed and
sealed) paper copies & one CD of boundary survey showing surplus area specifically
delineated. (NOTE: Sketch of description is not sufficient.) The Boundary survey
must show sufficient ties along the existing right of way line, or the centerline of
survey, to a monumented section line or subdivision boundary that is shown on the
existing Florida Department of Transportation Right of Way map. Copy of the
FDOT Right of Way map will be provided to you.
2.) If the original legal description can not be used, Requestor to provide, at their expense,
legal description of surplus area supplied on a CD in Microsoft Word.
3.) Requestor to provide, at their expense, an appraisal prepared by a state certified general
appraiser that determines the fair market value of the surplus area.
4.) Proof of ownership and signed affidavit if requestor is an abutting property owner.
Page 2 of 2
THEN WHAT HAPPENS:
1.) Survey, legal description, appraisal report and any other required information provided
by requestor are reviewed by FDOT.
2.) Any necessary revisions identified in Item 1 must be addressed and returned for final
review/approval.
3.) Quitclaim Deed will be prepared by MOT and sent to requestor for review.
4.) Closing will be established, at which time approved appraised value will be exchanged
for title to surplus property.
5.) After closing, requestor will provided FDOT with necessary recording fees and FDOT will
have the quitclaim deed recorded.
The entire process may take six months or more depending on accuracy of documents, promptness
of replies by requestor, and related circumstances.
4/09/2008
From:CITY CAPE CANAVERAL, BLDG. DEPT321 868 1247
City of Cape Canaveral
ry
Building Department
(Please Print Legibly or Type)
VA TE FILED7*VSLb _
NATURE OF REQUEST
07/0"'Q010 19:48 #022 P.002/002
Special Exception Request #o8-02
Modification to Existing Special
Exception for a Carwash
Special ExcePtiOR is for what purpose (Brief Description)
0. A,
Address of request (if applicable)
Legal Description: LOL —
"Block —15Parcel: -AV�Subdv--Q�
Section 2.3
Township A' Range
STATEMENT OF FACT: State Of Florida, COUXItY of 'Brevard;
being duly sworn, depose and say that
am the property owner.
am the owner(s) designated agent, (notarized authorization required)
Owner(s) Name(s):-Jame
W. ".1 -
Work Phone–=_Z._ EqVf;jjL%X.-(qjt
Applicant(s) Names(s):-
Address:
-Home Phone Work Phare .
All information, sketches and data contained and made Part of this request, are honest
I'
the a.ndtni to tbest of my knowledge and beljef.
Iru 18
�nature o�fA plicant
Sworn to and subs2ed bore me on this Zl— day of 70j.,y
�20ZO
-------------
Notary Public, State of Fhntft
A-,C,�O-rXL
OMMO�4WEALTH OF P�:NL 3yi�"!
moladal
Cabrini A. Moral, Nctari Pub"'c
Sho,psburg p -aro, All hang C-)ur�'
i )'MS JUIY 7'IS�q
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ISE
City of Cape Canaveral
Building Department
(Please Print Legibly or Type)
�2,5 0.
Special Exception Request #08-0�
Monroe Carwash 104 Monroe Avenu
DATE FILED yf3ofcs FEE PAID DEPOSIT�;c,. tj r -
RECV'D By: ($250.00 Filing Fee is non-refundable) J
NATURE 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 Avenue 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 -a m-the-p-rop e rfy-o w n
X I am the owner(s) designated agent. (notarized authorization required)
Owner(s) Name(s): HEATH & HEATH SYSTEMS, INC.
Address: 7814 Atlantic Avenue N., Cape Canaveral, FL 32920
Home Phone Work Phone E-Mail-
Applicant(s) Names(s): VICTOR M. WATSON, Esq.,
attorney for JAMES KAPPERNAROS and TARA KAPPERNAROS
Address: 3490 N. U.S. Highway 1, Cocoa, FL
OFFICE PHONE # (321) 63`'1-1550 FAX # (321) 631-1567 E-MAILvicwatsonwsdbpp_vahoo.com
All informatioD,,gletches and data contained and made part of this request, are honest and true
to the be/S7t/o'my knowled/ge nd b ieeff
of Afp
Sworn to and subscribed before me on thisday of
Notary Public, State of Florida
2008.
DIANA L ARCHAMBAULT
MY COMMISSION # DD 705373
EXPIRES: December 15, 2411
°( doh BO dei inrvi Owr7 "Munder-lit.
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 Pl n* ,4orjwT I,M;rLI} L,
Board meeting. The Board of Adiustment meeting will be set after the request is ha by the Planning 250. 00
& Zoning Board. (A deposit may. be required per Section 10-92) Cash AMCUilt $0.N
Charire 0.00
CK #12689 Anou"A $2151@0
City of Cape Canaveral
APPLICATION FOR SPECIAL EXCEPTION
This application must be legibly completed and returned, with all enclosures
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment. The
owner or 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 2" 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.
1. NAME OF APPLICANT(S): VICTOR M. WATSON, ESO. (NO
ADDRESS (if assigned): 3490 N. U.S. Highway 1, Cocoa, FL 32926
PHONE # (321) 631-1550 FAX # (321) 631-1567 E-MAIL vicwatsonwsdbpAyahoo 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
SECTION: TOWNSHIP RANGE
DESCRIPTION: 104 Monroe Avenue Cape Canaveral FL
3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT
(EXAMPLE, ARTICLE X, SECTION 2) Section 110-334(c)(14)
4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS
MAY RESULT IN DENIAL OF REQUEST)
5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1 ETC.) C=1
6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE
DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE:
(a) Adequate ingress and egress may be obtained to and from the property, with
particular reference to automotive and pedestrian safety and convenience;
traffic flow and control, and emergency access in case of fire or medical
emergency.
M
(b) Adequate off-stre, arking and loading areas are Prov. without creating
undue noise, glare, odor or detrimental effects upon adjoining properties.
(c) Adequate and properly located utilities are available or may be reasonably
provided to serve the proposed development.
(d) Adequate screening and/ or buffering will be provided to protect and provide
compatibility with adjoining properties.
(e) Signs and exterior lighting, if any, will be so designed and arranged so as to
promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, or disharmony with adjoining properties and will be
permitted and in compliance with all adopted codes and ordinances.
(f) Refuse and service areas, with particular reference to the issues relating to (a)
and (b) above.
(g) Required setbacks and other open space.
(h) Height.
(i) Landscaping.
J, Renewal and/ or 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 setbackst 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 conditionst stipulations and safeguards to ensure conformity
with the foregoing.
STATE REASON FOR REQUEST(attach additional sheet if necessary): This 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 presently under contract to be
purchased by James Kappemaros and Tara Kappernaros The sale is contingent on obtaining a
Special Exception and obtaining all necessgy 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. It will allow 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.
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? No, there will be no
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 spil 1 -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
Wil 1 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) Stormwater Runoff
Are there any special stormwater runoff treatment measures required and or from adjoining
uses?
No, there are no special stormwater runoff treatment measures required Site will use
existing drainages stem.
6) Traffic
Are there differences 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.
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 adequate1
addressed.
Is there adequate emergency access in case of fire or medical emergency? There is
adequate emergency 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 �,' �' ,
-Are-there rliffPrces in loading and unloading between adjo"ining--13rpe
No, there should be very little loading and unloading, if any.
9) Parking
1-re-th-ere-differences-Irr-off--streetparkfn�between adjoining uses? -Cite fhe� -s reet-parking
requirements from the appropriate land development code sections.
One space per 300 square feet-, for restaurants one space for each 3 seats
10) Utility Requirements
Are adequate and properly located utilities available? Are utility requirements substantially
different from those required by adjoining uses?
Yes, existing utilities are adequate and utility requirements are not substantially different
from those required by adjoining uses
11) Refuse and Service Areas
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 pro egrrty's appearance and
maintenance.
n
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 with the Comprehensive Plan 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-1 zoning 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-1 Zoning district
21) Is the proposed use compatible with surrounding uses in its function, its hours of
operation, ype nA r + �r +�a + ., +, a +t __t__ _ t- '----t-•--
v pilo aiiivunt of trati.nc generated, structure size and setUQI:KJ, its IC-latlons llp
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., .,on 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.
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
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;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRITERIA (Building Official or Designee to verify)
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. However, 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 south of the subject site.
East: Residential condos currently exist east of the subject site. However an existing
privacy wall buffers the residential units to the east from the subject site to the west. The
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 any one use offend another existing use? Some noise may be
generated by the automatic carwash and the four vacuum centers.
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? The applicant
proposes to improve the existing signs to meet non -glare requirements.
3.) Vibration
Will or does any vibration from any one use offend another existing use? Minimal
vibration may be anticipated from the automatic carwash.
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.) Stormwater 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 Monroe 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 of vehicles 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 emergency access in case of fire or medical emergency? Adequate
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.
8.) Loading and Unloading
Are there differences in loading and unloading between adjoining properties? Minimal to
no loading and unloading is anticipated
9.) Parking
Are there differences in off-street parking between adjoining uses? Cite the off-street
parking requirements from the appropriate land development code section. The applicant
does not meet the Parking Code, Section 110-491. However, the subject is existing and
can be vested.
10.) Utility Requirements
Are adequate and properly located utilities available? Are utility requirements
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.
9.) Park' g
Are there diffe r.
parking requiremi
does not meet the
can be vested.
in off-street parking between adjoin��;ii�, uses? Cite the off-street
from the appropriate land developi`nent code section. The applicant
ling Code, Section 110-491. ;'Iffowever, the subject is existing and
10.) Utility Requirements`
Are adequate and properly locMeequired
uties available? Are utility requirements
substantially different from thoby adjoining uses? The applicant for the
proposed Special Exceptionrote ds\ utilize the existing structure and the utilities
currently serving the site.
11.) Refuse and
Are there adequate
service.
ce Areas
e and service areas? e applicant will need to address refuse
12.) Emergency Service Areas
Will 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-1 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, LUPolicy 3.3. The City shall enforce its requirements pertaining to densities and
intensities of land use in each land -use category—i. e., C-1– Commercial: 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? No recommendations from the Fire Department.
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-1 zoning
designation. The proposed carwash is permitted as a special exception in the C-1 zoning
designation under Sec. 110-334(14). Special exceptions permissible by board of
adjustment.
(14) Carwashes, including polishing, and sale of related materials.
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? The proposed use has the potential to meet most of the requirements. 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, type and amount of traffic generated, structure size and setbacks, it's
relationship to land 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-1 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 west. 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 Special 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.
AUTHORIZATION
STATE OF FLORIDA
COUNTY OF BREVARD
BEFORE ME, the undersigned notary public, personally appeared DAWN M. HEATH
who having been duly sworn, warrants and represents as follows:
I am the Vice -President and Director of HEATH & HEATH SYSTEMS, INC.,
Florida corporation.
2. HEATH & HEATH SYSTEMS, INC. is the owner of the following described real
property located at 104 Monroe Avenue, 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.
Kappernaros aka James Kapp and Tara Kappernaros aka Tara Kapp, husband and
wife, ("Kapp").
4. As part of the 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 owners of the corporation.
5. HEATH & 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 Contract: —,
6. Further affiant sayeth not.
STATE OF FLORIDA
COUNTY OF BREVARD
Dawn M. Heath, individually and as
Vice -President and Director of
HEATH & HEATH SYSTEMS, INC.
Sworn to and subscribed before me by DAWN M. HEATH, individually and as Vice -President and
Director of HEATH & HEATH SYSTEMS, INC., who is personally known to me, or who has produced _
Vit^ as identification, and who did take an oath, this t 'P- day oft , 2008.
J. M. VAN GILDER
MY COMMISSION # DD 562328 4
r , EXPIRES: November2A,2010 l�ota�yPublic
Cdo
�rF; 601 d 'hru PNctsry lPubh^ Umdeam iers
lil �I��ll �11t��l�l� 111 NJIII In
CFN 2005140715 04-28-206508:51 am
Prepared by and return to:
OR Bow page: 5458 t 3412
Glenn T. Sundin, Esquire
335 South Plumosa Street Scott Ellis
Suite A
Merritt Island, Florida 32952 Clerk ofCourts, BrevardCounty
#Pgs:1 #Names:2
WARRAN'T'Y DEED Trus{: 1.00 Rea: 8.00 seM 0.06
^--a• 3,500.00 xcse:0.00
Mtg: 0.00 - nt Tax: 0.00
THIS INDENTURE, made the 27th day of April, 2005, BETWEEN
Harry Paul Marlowe, a single man, whose address is 104 Monroe
Avenue, Cape Canaveral, Florida 32920, {hereinafter referred to as
the "Grantor"} and, Heath & Heath Systems, Inc., a Florida
Corporation, whose address is 7814 North Atlantic 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,
1-4—
Lots....-e—
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
for the year 2005 and subsequent years.
and said Grantor does hereby fully warrant the title to said land,
and will defend the same against lawful claims of all persona
whomsoever.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal the day and year first above written.
Execution of deed
wi;tnesse.d
Prin na-7m-e:-t is R. Sundin
Printed name: lean T. Sundin
'Harry au1 Marlowe
Appraiser's Parcel Identification: 24-37-23-G -00019 0-i1on9_gg
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 has produced Florida Driver's LiC2rLS@s identification and
who did not take an oath.
yr
NOTARY PUBLIC
!P � G)s+i" 7s�•'�n - XJX..K-xa r X�-<-f .i, �,.
MY � Dou aw Printed Name: Glenn T. Sundin
J EYarrea.>"b 1r 2066 My Commission expires
�Scription: Brevard,FL Document - Book. Page 5458.3492 Page: 1 of 1
der. 2953346 Comment
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CITY OF CAPE CANAVERAL
LOCAL COMPREHENSIVE PLAN
FUTURE LAND USE MAP
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MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet
BUFFER DISTANCE: 500 feet
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an actual survey. The Brevard County Board of Commissioners does
not assume responsibility for error or omissions contained hereon.
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Produced by: Brevard County Planning & Zoning Office - GIS 3/11/2008
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MAP SCALE IS: 1:6,000 OR 1 inch equals 500 feet
BUFFER DISTANCE: 500 feet
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an actual survey. The Brevard County Board of Commissioners does
not assume responsibility for error or omissions contained hereon.
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Produced by: Brevard County Planning & Zoning Office - GIS 3/11/2008
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Applicant:
Location:
Permitted DU per acre:
Proposed Number of Units:
Proposed Density:
Current Future Land Use:
Current Zoning:
Description:
City of Cape Canaveral
Special Exception 08-02
Monroe Carwash
Victor M. Watson, Esq.
Section 23 Township 24 Range 37
Commercial C-1 N/A
N/A
N/A
Commercial C-1
Commercial C-1
The applicant proposes to rehabilitate an existing carwash located at the northeast corner
of Monroe Avenue and North Atlantic Avenue.
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 AIA 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.)
North
South
East
West
Zoning
C-1 Commercial
C-1 Commercial
C-1 Commercial
N. Atlantic Ave.
Comp Plan
C-1 Commercial
C-1 Commercial
C-1 Commercial
N. Atlantic Ave.
Existing
Conditions
Office
Commercial /
Retail
Townhomes
N. Atlantic Ave.
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 AIA 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.)
The City of Cape Canaveral provides Wastewater Treatment. The wastewater
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 Water capacity of 56 MGD 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.
PLANNING & ZONING BOARD
MEETING MINUTES
JULY 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
roll.
MEMBERS PRESENT
Bea McNeely
Lamar Russell
John Fredrickson
Donald Dunn
Harry Pearson.
John Johanson
Ron Friedman
OTHERS PRESENT
Susan Chapman
Bennett Boucher
Barry Brown
Todd Peetz
Todd Morley
Kate Latorre
Shannon Roberts
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Board Secretary
City Manager
Director of Planning & Development
City Planner
Building Official
Assistant City Attorney
Council Member
Todd Peetz, City Planner, introduced Barry Brown, the City's new Director of
Planning & Development. Mr. Brown greeted the Board members and
highlighted his professional work history.
All persons giving testimony were sworn in by Assistant City Attorney, Kate
Latorre.
NEW BUSINESS
1. Approval of Meeting Minutes June 11 2008
Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting
minutes of June 11, 2008, with a few minor corrections. Vote on the motion
carried unanimously.
2. Motion and Recommendation to the Board of Adjustment Re: Special
Exception Reauest No. 08-02, to Allow a Carwash in the C-1 Zonina
District (104 Monroe Avenue) - Victor M Watson Esq Petitioner.
Planning & Zoning Board
Meeting Minutes
July 9, 2008
Page 2
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 building facade should be consistent with the elevation
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 M. Watson, 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 Kappemaros. 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 allow 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.
Planning & Zoning Board
Meeting Minutes
July 9, 2008
Page 3
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
window 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. Watson 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 could add buffering to reduce noise with
trees, in addition to the wall.
Mr. Russell advised that there was an existing code enforcement case. Kate
Latorre, Assistant City Attorney, responded that conditions of a granted special
exception could 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).
Planning & Zoning Board
Meeting Minutes
July 9, 2008
Page 4
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 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 wall. The City's Director of Planning '& Development
shall work with the property owner in determining adequate tree
type(s) and placement.
14. The water recycling system plan 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.
City of Cape Canaveral
- Board of Adjustment
Meeting Minutes
August 11, 2008
A Meeting of the City of Cape -Canaveral Board of Adjustment was held on
August 11, 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
Constance McKone
Jack Childs
MEMBERS ABSENT:
Paula Collins
OTHERS PRESENT:
Bea McNeely
Susan Chapman
Kate Latorre
Barry Brown
Todd Morley
Chairperson
Vice Chairperson
Ex officio Member
Secretary
Assistant City Attorney
Planning & Development Director
Building Official
All persons giving testimony were sworn in by Kate Latorre, Assistant City
Attorney.
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of March 24 2008
Motion by Connie McKone, seconded by Earl McMillin, to approve the meeting
minutes of March 24, 2008. Vote on the motion carried unanimously.
2. Motion Re: Special Exception Request No 08-02 to Allow a Carwash in
the C-1 Zoning District, (104 Monroe Avenue) - Victor M Watson Esq
7VictPetitioner.
or
Watson, Esq., Petitioner explained that the property was owned by Heath
le
and Heath Systems, Inc.; he was representing the potential property owners
James and Kara Kappernaros; there was a sales contract pending for the
Kappernaros to purchase the property depending upon approval of the requested
Special Exception.
Board of Adjustment
Meeting Minutes
August 11, 2008
Page 2
Attorney Watson testified that his clients planned to remove the mobile home and
add a new roof with trusses; his clients agreed to use recycled water, rather than
discharge into the river; his. clients agreed to the conditions of recommended
approval that were placed by the Planning & Zoning Board, however he noted
that green space was limited between the bays on the south side. He further
testified that the building would be refurbished to meet current code
requirements.
Discussion was held regarding a proposed deli. Connie McKone voiced her
concern regarding parking, which appeared to protrude into the City right-of-way.
She stated that a deli was not a compatible use to a carwash. Attorney Watson
replied that parking would not go onto the City right-of-way; there was sufficient
room for parking; per the City code a deli was a principal use in the C-1 zoning
district, and therefore did not require a Special Exception; the deli would consist
of a small amount of seating, but most of the deli business would be through a
drive -up window.
Connie McKone advised that because the property already existed, the City code
did not require site plan approval. The Planning & Development Director, replied
that a site plan would not be required to be approved by the City Council,
however a site plan would be required, reviewed and approved by City staff, prior
to any building permits being issued. He noted that part of the site plan review
would include demonstration that parking would be provided only on the property.
He requested that a condition be added that a site plan shall be submitted, to
scale, and reviewed by City staff to verify compliance with applicable codes.
The Planning & Development Director read a letter from Councilman Hoog into
the record. Councilman Hoog requested that sidewalks be required for
pedestrian safety. The Building Official advised that sidewalks were required for
new construction; however if a sidewalk was installed along both sides of the
subject property it would not affect access or parking. Joyce Hamilton, citizen,
advised that she lived two blocks from the property, and was concerned
regarding traffic entering and exiting from the same street, as it was shown on
the submitted site plan sketch.
Tom Remke, citizen and adjacent property owner, voiced his concern regarding
noise from the automatic carwash bay, which was located only 9 or 10 feet from
his townhouse. He commented that if there was a buffering requirement, he
would request that it be placed between his property and the subject property.
Earl McMillin questioned if the automatic carwash would have air blowers.
Attorney Watson responded that the carwash bay was short, so it probably would
not have air blowers.
Board of Adjustment
Meeting Minutes
August 11, 2008
Page 3
Discussion was held regarding the location of the vacuums. Joyce Hamilton,
citizen, suggested that parking be relocated to where the vacuums were located
and along the North side of the property. Attorney Watson apologized for the
parking being shown protruding onto the City right-of-way, and would revise the
plan to show parking on the property. He noted that the parking would be
angled, and would meet applicable code requirements. The Planning &
Development Director advised that the site plan would be reviewed by the Fire
department for adequate emergency access. Discussion continued regarding
the proposed parking shown on the submitted site plan sketch, sidewalks, and
safety of pedestrian traffic around the subject property. The Building Official
advised that the City could require an easement agreement be recorded for the
portion of the sidewalk that is on the subject property. Discussion continued.
The Board members reviewed the recommended conditions of approval from the
Planning & Zoning Board. Attorney Watson verified that his clients agreed to the
recommended conditions.
Motion by Earl McMillin, seconded by Connie McKone, to approve Special
Exception Request No. 08-02, with the recommended conditions of the Planning
& Zoning Board as follows:
• A sidewalk shall be constructed along the south side of the property, per
City code.
Green space shall be provided between the sidewalk and roadway, along
the south side of the property.
• The chain link fence shall be removed.
i The east buffer shall be painted consistent with the building colors).
Y The building shall be brought into compliance with applicable City codes.
• The building facade shall be consistent with the elevation, as shown on
the submitted conceptual plan.
0 The pavement shall be repaired or replaced.
• A stormwater permit determination from St. Johns River Water
Management District shall be provided, as part of the pavement
repair/resurfacing.
T h _ 1 . shall
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code.
Board of Adjustment
Meeting Minutes
August 11, 2008
Page 4
• Residential use shall be prohibited.
• The hours of operation for the auto wash and vacuums shall be restricted
to 7:30 a.m. - 9:30 p.m.
• 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
buffer wall. The Director of Planning & Development will work with the
property owner(s) in determining adequate tree type(s) and placement.
• The water recycling system plan that was submitted to the City's Assistant
Public Works Director or equivalent plan shall be used at the new carwash
facility. Note: No wash water from the proposed system shall be
discharged to the sanitary sewer.
Earl McMillin added an additional condition of approval that:
• A site plan shall be submitted, to scale, to be reviewed by City staff, to
verify compliance with applicable codes.
Discussion followed regarding pedestrian safety.
Motion by Jack Childs, seconded by Connie McKone, to require sidewalks be
installed. Motion failed by a (2) to (1) vote, with members voting as follows: Jack
Childs, for; Connie McKone, for; and Earl McMillin, against. Discussion
followed.
Earl McMillin amended his main motion to add the condition that:
• A paved access shall be constructed on the City right-of-way, along the
west side of the property, for the purpose of pedestrian safety.
Connie McKone seconded the amendment to the main motion. Vote on the
amendment and the main motion, as amended, carried unanimously.
Earl McMillin amended his main motion to -add the condition that:
A paved access shall be constructed on the City right-of-way, along the
west side of the property, for the purpose of pedestrian safety.
:.+...1 I - NA -Kone
..1 ..i tl._., .�............I.Y _ L L_ LL _ \ [
, ,i- 1....�:.- -,..,. seconded ._,e -5.-me U-Imer g. .: �e inn n motion. vote on the
amendment and the main motion, as amended, carried unanimously.
Board of Adjustment
Meeting Minutes
August 11, 2008
Page 5
3. Interview and Recommendation to City Council Re: John Bond,
Prospective Board Member.
Mr. Bond confirmed that ail the information on the application to serve on the
Board was correct. He advised that he was an operation and development
manager, and a licensed real estate agent, who was tasked in understanding
complex contracts; he considered himself a problem solver, and believed he
would be a good fit and benefit to the Board as a member to make fair and
informed decisions.
Motion by Jack Childs, seconded by Connie McKone, to recommend that the City
Council appoint John Bond as a member on the Board of Adjustment. Vote on
the motion carried unanimously.
There being no further business the meeting was adjourned at 7:53 p.m.
Approved this day of �o\jc!-M\pe,, 2008.
Earl McMillin, Chairperson
Susan L. Chapman, Secretary