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12-3-08 P & Z Packet
r NEW BUSINESS: City of Cape 3RD OF ADJUSTMENT MEETING AGENDA 111 PC)T K AZTE1\Tf lE DECEMBER 3, 2008 7:00 P.M. 1. Interview and Recommendation to City Council Re: Interview of Prospective Board Member(s). 04 b 2. Motion Re: Special Exception Request No. 08- 01 to Allow Outside Storage for Parking Recreational Vehicles, Trailers and Trailerable Items in the G2 Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Section 110-383 (c) (7), Legal Description: Township 24 South, Range 37 East, Section 23, All of Parcel 9 and a Portion of Parcel 24, Loma Linda Subdivision - (191 Center Street) - James Morris, Petitioner. 3. Motion Re: Special Exception Request No. 08-07 to Allow Outside Storage of Aggregates in the 1V1 1 Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Section 110-354 (c) (1), Legal Description: Township 24 South, Range 37 East, Section 15, Parcels: 00- 00028, 00-00029, 00-00002, 00-00035, 00-00031, and 00-00003, (245 Challenger Road) - Randall May, Representative for Ambassador Services, Inc., Petitioner. OPEN DISCUSSION: Pursuant to Section 286.1015, Florida Statutes, the Cityhereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any muter 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 1 ( 1 n /'� 1 -• !'� •1 1/ • t i• i l t more memoers or the .,ape Canaveral Ci�ty Council Id o�rt�uasr-iudic�iai Board members who m� �T 1aAytluiti Kvenrixe t� 0 (30 e�oxs � gape C anav ra 5 1326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida Board of Adjustment December 3, 2003 STAFF REPORT Applicant: Randall May Owner: Port Canaveral Terminal Services, LLC Request: For a Special Exception to allow for the outdoor storage of aggregates in the M-1 zoning district. More specifically, to allow for the location of aggregate piles east of the southerly extension of Marlin Street. Subject property: Approximately 23 acre parcel located South of George King Blvd and West of North Atlantic. The property is a commercial operation for the outdoor CtnranP of nnnrannf e rnn+7inar otr 1+ is ;Apo +;G -A k- +4,r, A �,4....�..,.,,,1— c+.......:,.-- ...,..,..y, ,+. ZJL-J'vZj--, — 1-111, 1, ULV. IL 10 IUGI It111GU AJy 1116 f %II IAJQ2AJdUUI JCI VIGCJ building and the conveyor that crosses over George King Blvd. Future Land Use and Zoning designation: M-1 Industrial. Surrounding zoning: North: Port Canaveral East: C-1 Commercial South: M-1 Industrial West: M-1 and Port property Surrounding uses: North: Port Canaveral East: Vacant wooded parcel; Portside Villas Condos; and trailer park. South: AAAA Storage, both indoor and outdoor storage. West: Vacant property and industrial uses at the Port. Description: The applicant operates a facility that is approved for the outdoor storage of aggregates, vehicles, containers, military cargo, and stevedoring gear. A conveyor system has also been approved. The outdoor storage of aggregates was first approved in 2000. See following chronology of the approvals for this property: 12/11/00 - SE No. 00-06 granted for storage of aggregates on lot 2. 06/24/02 — SE No. 02-04 granted to allow for outside storage of aggregates on a portion of parcels 2,3 &6. This SE terminated SE No. 00-06. 06/24/02 — SE No. 02-03 granted to allow for outside storage of Aggregates on Parcel 8. 06/24/02 — SE No. 02-05 granted to allow for outside storage of vehicles, containers, military cargo, and stevedoring gear on a portion of parcel 3. 11/14/05 — SE No. 05-12 granted to allow for a conveyor system over the 25 ft. setback. 03/30/06 — Binding Development Agreement (included in packet) - called for a unity of title to bring together the separate parcels for purposes of addressing uses on this property. Called for a 16 ft. high sight and sound barrier between the subject property and adjacent residential uses. And specified that aggregate would be stored west of the southerly extension of Marlin St. The condominium project, Portside Villas, is located adjacent to and along the southeast boundary of the subiect property PortcidA Villas was annrrniarl ac a .qnarini - --------------------J -- -------�---r•-r_._�. �._�._.... r........................t.........-. Exception in the C-1 zoning district on July 14, 2003. Over the years, complaints regarding dust, operation of equipment prior to 7am, noise, and bright lights have been received by the City. See attached History of Violations as prepared by Duree Alexander, Code Enforcement Officer. One of the goals of the Development Agreement adopted in 2006 was to address these issues by calling for a 16 ft. high sight and sound barrier to be constructed along the boundary with residential development and to require aggregate to be stored West of the southerly extension of Marlin Street. A 16 ft. high wooden fence was constructed between the outdoor storage and Portside Villas (see photo), and aggregate was stored per the agreement. However, at time the photos were taken (week of November 3-7) aggregate was being stored East of the Marlin St. extension in violation of the Development Agreement (see photos). Mr. May is requesting the Special Exception in order to accommodate the current needs of his operation and bring the location of aggregate piles into compliance. If the Special Exception is approved by the BOA, the development agreement will need to be amended and approved by the City Council. Staff recommends approval as it seems that the aggregate operation would be more compatible with the adjacent residential uses than the container operation. If the request is approved by the BOA, staff recommends a 35 ft. setback from the east property line for the aggregate piles. The Planning and Zoning Board heard the request on November 12, 2008 and recommended approval. See P&Z minutes for Board discussion and recommendation. 2 City of Cape Canaveral 2 Building Department - ------ - -- (Please Print Legibly or Type) DATE FILED 0(ib FEE PAIDM-m, 0o DEPOSIT RECV'D BY: %''/ ($250.00 Filing Fee is non-refundable ozl eXG�-L1041 t�C_- -SLte'5t Io, 08�� . NATURE OF REQUEST ....... Special Exception is for what purpose (Brief Desc option) Address of request (if applicable Legal Description: Lot-- Block--' Parcel Subdv Section_ Township ? 7 Range_,' Civ"• L`�:� STATEMENT OF FACT: State of Florida, County Io�f Brevard; 4LL �being duly sworn, depose and say that: I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) NC-arne(s): ,J;V1ii, AAt 5SAD d/I 6 e 6 C.e.is Address:_ Home Phone 3 8 Work Phone_ E -Mail RA ^� 4146-7 Applicant(s) Names(s): Address: f Home Phone Work Phone E -Mail All information, sketches and data contained and made part o s ar lonest a?-t� c� est of my knowledge and belie 0 1� Chapman Commission #DD384306 E..vires:.roM, 23, 2009 Signature of Applica 89nded Thru Adantic Bonding Co., ins. Sworn to and -su.bscrlb )',b efore me on this da- � wV E } 1) uaof 20 Notary Public, State of Florida The completed request form and the $250 filing fee must be filed as follows: Requests for Variances, Reaoning 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 (50) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the PIanning & Zoning Board. (A deposit may be required per Section 110-92) t 900 Lft�it4a 0.el0 G} 411`7 H [uiit $'2L'0.€lei 1) City of Cape Canavere-'- - -- APPLICATION -FOR Sr-dC-I-AL-EXCEPTION - - - - - This application must be legibly completed and returned, with all enclosures relered 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 PIanning & 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 Tave any questions, please contact the Building Department at (321) 868-1222. 1. NAME OF APPLICANT(S)/` �A) ADDRESS (if assigned) Ckoo,L.LEAICL A/ l �,U PHONE #��� FARC #, -S„ C�2 E-MAIL 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: SUBDIVISION: -1 A PARCEL: IV A SIZE OF SUBJECT PROPERTY IN ACRES: '2, SECTION: �— TOWNSHIP �ANGE_ 15 _ 00 -0c)(n42- DESCRIPTION: n,ia L(_ rJr #A - 3. A 3. ORDINANCES SECTION UNDER OfiICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) 0 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, NI -1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and nedestrian �ay�ehr and convenience, frattic flow and control, and emergency access i71 race of fora or medical emergency. 4 (b) Adequate off ' eet parking and loading areas; provided without -- --- ereatirrg-r�ndne-nozse,-glareodor or deCimentaleffects u on ad'oinin 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 mininuze 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 Iease, if applicable. (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine cornpa,- i1ir PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure coruormi y with file foregoing. STATE REASON FOR REQUEST.(attach additional sheet if necessary): l.� 5 ------ -T-HE- FOLLOWING---hr\ICLOSU S APPLICATION: ARE NEEDED TO COMPLETE THIS — *Paid receipt from Finance Denartm.-�n+ for nn A application Fee. _ * Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the bo-andaiies of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: Ir AL1 A property map showing properties within the 500 ft. ra ius, clearly outlining the subject property. The Location map showing adjacent properties Vises, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. M °. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structures) are t -1-d. NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. 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? t11 Z) 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? ,%,G"c'�'�+ Ss -scut 'ice ��1�'�►!� �`� �� sal - 3) Vibration Will or does any vibration from any one use offend another existing use? �J6 4) Other Detrimental Effects Will there be, or are there, any odor or other detrimental effects upon adjoining properties? t'-4 b 5) Stormwater Runoff Are there any special stormwater runoff treatment measures required and or from adjoining uses? MA Q, w� t,�e?t�`� Tom- p44, -�j twv 9 R.cc/j o � �' 6) Traffic Are there differences in types and sizes of vehicles? A-& r— WG�S Are ingress and egress adequate? Ve-.5 tale. w I ! l U.,10- `7 w eL ,, k-e— Gl S �� NOW , v 1uti uiere any aitu peuesuiaii 5atctj issues! \4v What is the anticipated n tuber of vehicles in the peak hour? �4t- "-r -S WC "Oe W doT 110,6 o NO RU, f�' _ o�v�p,{� �t.v�tR. /SLC vn� A- .._:..rr_ rl , , , _ a. i A _� .. ,ue Llalllc 11ow and control addressee< \4)e'.:) �'o'LT ft.vki„ps� � s there adequate emergency access in case of fire or medical emergency? Yr 5 so` e 05 7) Hours of Operation -7 FLA 7—& �7� _� Do differences in hours of operation offend j nother existing use? I'q � � C Ik/�-- WVAkO 8) Loading and Unloading Are there differences in loading and unloadin,g between adjoining properties? Lo �e . AA X - 3c tsI A)esS i tJ ice.- 9) Parking Are there differences in off-street parking between adjoining uses? Cite the off-street parking requirements fi-om the appropriate land development code sections. N6 We— 00 AJO A) A.4 A t ?-i W *rL 10 -W—kdN� 10) Utility Requirements q es Are adequate and properly located utilities available? lAre utility requirements substantially different from those required by adjoining uses? NO 1*10&�"J0J4 c4rl it �l 11) Refuse and Service Areas Are there adequate refuse and service areas? Mems 12) Emergency Services Will the Special Exception create any unusual 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. V e, lb' Ate 141TO LA)( WO 00 F,6 e)i�k — i ©tj .3o' c---IvY%"-s C+� �S' o C.� rvr.n.S r�✓a P i"r�.ze Lcfr''� t A 36 kccvzi:� 14) Size and Appearance Are there serious differences in structural appearance ,between adjoining properties? Are t I there serious or extreme structural size differences'! NO WP-- ArAwt- by p—'- actlle{,w� 15) Relationship to Land Values N O PIWPERt--1 YALu'E-5 r;-v�i� Are property values impacted9 If so what is the impact? � OU7-67ibE 17--� Iq'w, 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? C6051S-1 En1#e WiT� (d0A,'4, ,s 4,u3,IL d- �'UG.( 17) Risk FactorsU Does potential energy storage pose a risk to surrounding area? What recommendations are made by the Fire Department? 18) Environmental Conditions Are there any environmental conditions applicable to this request? No. n e -C jam= -Te D o� 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? �e-' �br� IS'TG�T 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.? , 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 compatibility?p e C � 22) Should the Special Exception be granted with any noted limitations, restrictions anwor conditions? -.-- lick Action:Parcel Info Distance 0 O. n0ar'',IAl ang lrcreas View .'> Map Aerial (Ortho} Change Page 1 of 1 http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?Name=Brevardl &Cmd=zo... 11/06/2008 1 Help I Image Date: 2/4/2008 Zoom: 26 % rage 1 of 1 Vor6lJc (110,5 11 IT ://www.brevardproper yappraiser.com/picto/PictoView.asp?renum=2430823 11/06/2008 Page 1 of 1 Image Date: 2/4/2008 Zoom: 23 % hu :i/www.nrevardpropertyappraiser.com/picto/PictoView.asp?renum=2430823 11/06/2008 Prepared by and Return to: Katherine W. Latorre, Esq, City of Cape Canaveral Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407)425-9566 Parcel ID Nos.: 24-37-15-00-00028 24-37-15-00-00029 24-37-15-00-00002' 24-37-15-00-00035 24-37-15-00-00031 . 24-37-15-00-00003 BINDING DEVELOPMENT AGREEMENT THIS BINDING DEVELOPMENT AGREEMENT, is made and executed this r� day of yam. #,'� "2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City''), and AMBASSADOR SERVICES INC., a Florida corporation, whose mailing address is P.O. Box 654, 245 Challenger Road, Cape Canaveral, Florida 32920 and CANAVERAL BULK TERMINAL, INC,, a Florida corporation, whose mailing address is 20125 State Road 80 Loxahatchee, Florida 33470, (hereinafter collectively referred to as "Owner"). WITNESSETH: WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Owner is the property owner of record of several parcels of land ("the Subject Property") located within the City of Cape Canaveral and more particularly described herein; and WHEREAS, Owner desires to design, permit, and construct on the Subject Property a bulk terminal conveyor belt system ("Conveyor System") for the purpose of transporting aggregates from the Port of Canaveral to the Subject Property, subject to the City Council's review and approval of a site plan depicting same; and WHEREAS, given the unique character of Owner's Conveyor System and its location adjacent to residential development, the City and Owner desire to address specific on-site and off- site concerns in this Binding Development Agreement; and BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral [Ambassador Services Inc, & Canaveral Bulk Terminal, Inc. Page I of 12 WHEREAS, the City of Cape Canaveral Board of Adjustment granted Special Exception 00-06 on December 11, 2000 to allow for outside storage of aggregates on Lot 2, Section 15, Townshirp, 2d, South Range 37 East (Marcel i.D. # 24_37_i5-vv-vvvnv3), currently ownedby Bulk Terminal, Inc.; and WHEREAS, the Board of Adjustment granted Special Exception 02-04 on June 24, 2002, expressly terTninating Special lExcep tor, 00 -vv and allowing for the storage of aggregates on portions of Parcels 2, 3, and 6, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00- 00003), currently owned by Canaveral Bulk Terminal, Inc.; and WHEREAS, the Board of Adjustment granted Special Exception 02-03 on June 24, 2002 to allow for outside storage of aggregates on Parcel 8, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00-00031), currently owned by Canaveral Bulk Terminal Inc.; and WHEREAS, the Board of Adjustment granted Special Exception 02-05 on June 24, 2002 to allow outside storage of vehicles, containers, military cargo and stevedoring gear on a portion of Parcel 3, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00-00003), currently owned by Canaveral Bulk Terminal, Inc.; and WHEREAS, Special Exceptions 02-03 and 02-04 included, as a condition of approval, a limitation on the hours of operation on the Subject Property to between the hours of 7:00 AM and 7:00 PM, with the exception of the operation of the Conveyor System; and WHEREAS, Owner acknowledges that it has subdivided certain parcels of the Subject Property in violation of the requirements of Chapter 98, City of Cape Canaveral City Code; and WHEREAS, given that Owner desires the utilize all of the parcels of land making up the Subject Property for one Conveyor System, Owner agrees to remedy the improper subdivisions by unifying title to all the parcels of the Subject Property as one for development purposes; and WHEREAS, Owner agrees to design, permit and construct a sight and sound barrier between the Subject Property and adjacent residential development; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Binding Development Agreement to effectuate the development of Owner's Conveyor System subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral /Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 2 of 12 Section 2. Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. Section 3. Definitions. The following words and phrases contained in this Agreement shall have the meaning set forth in this section unless the context clearly indicates otherwise: Agrpvmv'nt shall mean this BiMinbb leVel-nnrnent Agreement entered into between t«ll�,'Ciivy of Cape Canaveral, Florida, and Ambassador Services, Inc. and Canaveral Bulk Terminal, Inc. City shall mean the City of Cape Canaveral, Florida, a Florida municipal corporation. City Code shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. City Council shall mean the City Council of the City of Cape Canaveral, Florida. City Manager shall mean the City Manager of the City of Cape Canaveral, Florida, or the City's Manager's designee., Conveyor System shall mean that bulk terminal conveyor belt system structure depicted in Owner's site plan, as approved by the City Council and maintained on file at Cape Canaveral City Hall, which acts to transport aggregates from the Port of Canaveral to the Subject Property. Owner shall mean Ambassador Services Inc., a Florida corporation, and Canaveral Bulk Terminal, Inc., a Florida corporation. .Subject Property shall mean that real property described in Section 4 of this Binding Development Agreement and more particularly depicted and legally described in Composite Exhibit "A" and Composite Exhibit "B," attached hereto and fully incorporated herein. Section 4. The Subject Property. The Conveyor System subject to the terms of this Agreement is located on and across several different parcels of land located within the boundaries of the City. Ambassador Services Inc. is the owner of four (4) parcels and Canaveral Bulk Terminal, Inc. is the owner of two (2) parcels of the land which makes up the Subject Property. All six (6) parcels of land combined make up the Subject Property. Ownership of the Subject Property is as follows;. (a) Ambassador Services Inc. The following parcels of land are owned by Ambassador Services, Inc. and are more particularly depicted and legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this reference: Parcel Tax I.D. 4 24-37-15-00-00028 Parcel Tax I.D. 4 24-37-15-00-00029 BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral /'Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 3 of 12 Parcel Tax I.D. # 24-37-15-00-00002 Parcel Tax I.D. # 24-37-15-00-00035 (b) Canaveral Bulk Terminal, Inc. The following parcels of land are owned by Canaveral Bulk Terminal, Inc. and are more particularly depicted and legally described in Composite Exhibit "B," attached hereto and incorporated herein by this reference: Parcel Tax I.D. # 24-37-15-00-00031 Parcel Tax I.D. # 24-37-15-00-00003 Section 5. Unification of Title for Subject Property. Owner acknowledges that it unilaterally subdivided the parcels of land included in the Subject Property without following the City's procedures for subdivision of land set forth in Chapter 98 of the City Code. To remedy the illegal subdivision(s) of the Subject Property, and because Owner intends to utilize each of these contiguous parcels of land for the construction of its Conveyor System, Owner agrees to the following: (a) Each parcel of land included in the Subject Property shall be unified in ownership and title for development purposes under the City's land development regulations upon recording of this Agreement. (b) Owner agrees not to sell, convey, or assign any interest in the parcels of land included in the Subject Property which would cause loss of unity of ownership or title, without first obtaining the written consent of the City. (c) Owner agrees that the unification of title shall be binding upon the heirs, personal representative, successors and assigns of Owner and shall run with the land. Section 6. Obligations and Commitments The City and Owner hereby agree as follows: (a) Conveyor System, The City agrees that Owner shall have the right to design, permit and construct a bulk terminal conveyor belt system on the Subject Property for the purpose of transporting aggregates from the Port of Canaveral to the Subject Property. Owner shall be subject to all design, permitting and construction requirements set forth by the City Code. (b) Site Plan. Owner shall submit a site plan for its Conveyor System to the City Council and obtain the City Council's approval of the site plan. Upon approval of the site plan, the final approved site plan shall be considered for all intent and purposes to be part of this Agreement by this reference. BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral CAmbassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 4 of 12 (c) Occupational License, Owner represents and warrants that it has the appropriate occupational license for the operation of its Conveyor System and agrees to US maintain such occupational license in anon standing with the Clty for the duration of ,*+ operation. The City agrees that Owner's occupational license shall apply to the operation of its Conveyor System on all parcels of land making up the Subject Property. (d) Florida Department ofEnyir^n�mental prnteCtivii Permits. Q vii r r%prc SeitiS and warrants that it has obtained the requisite permits from the Florida Department of Environmental Protection ("DEP") required for DEP to monitor any wastewater and/or stormwater flow into the Banana River. Such permits shall be maintained in good standing for the duration of operations of the Conveyor System. (e) Storage of Aggregate. Owner shall store all aggregate on the subject property west of the Marlin Street extension. No aggregate storage shall be allowed east of the Marlin Street extension. (j . Sprinkler System Operation. Owner shall operate its sprinkler system as often as is necessary in order to prevent excessive dust from emanating off of the piles of aggregates stored on the Q,.h;e + 'D___- 5 ___ ll..Y __ t______t t .gg� 5..., -�-1- ��� �.� �u����� 1 ivl,,ILY. Owner acknowledges that the operation of its sprinkler system is regulated by the St. John's River Water Management District and that pursuant to Florida Administrative Code Rule 40C-2.042(7), such operation is governed by a general consumptive use permit by rule as long as Owner's consumptive uses of water do not meet or exceed any permitting threshold under subsection 40C-2.041(1). Owner agrees that should its consumptive use of water on the Subject Property at any time meet or exceed any permitting threshold under subsection 40C-2.041(1), that it shall obtain the proper permit from the St. John's River Water Management District at that time. (g) Noise and Air Quality Control. The City reserves the right to monitor and regulate the noise and air quality (including, but not limited to, dust) generated by Owner's Conveyor System and the Subject Property. In the event noise and/or air quality is determined by the City to constitute a nuisance, the City reserves the right to impose additional reasonable terms and conditions upon Owner with regard to noise and air quality control in furtherance of abating such nuisance. If at any time, the noise and/or air quality is determined by the City to be a nuisance, the City shall notify Owner, in writing, of such nuisance. Owner shall have ten (10) days from receipt of the City's notification to abate the nuisance, unless the City determines the nuisance is a serious and immediate threat to the public health and safety and requires abatement sooner. If Owner fails to abate the nuisance within the ten (10) day period or as otherwise required by the City, such failure to abate shal l be considered a default by Owner pursuant to Section 8 of this Agreement. (h) Hours of Operation. Owner acknowledges that the special exceptions granting various outside storage on the Subject Property included, as a condition of approval, BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral? Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 5 of 12 a Iimitation on the hours of operation on the Subject Property to those hours beginning nt 7:00 AM and ending at 7:00 PM. Notwithstanding this limitation, the operation of the Cnnvay nr System itself iS pe .milted to vperate at any time. Airy ether activity which does not constitute the actual operation of the Conveyor System shall be strictly limited to between the hours of 7:00 AM and 7:00 PM. The City reserves the right to further address the hours of operation of the conveyor belt system if the operation becomes a public health, JalIety and welfare issue. (i) Trucks and Truck Routes. The City reserves the right to regulate the number of trucks transporting aggregates into the City to the Subject Property. Furthermore, the City reserves the right to regulate the route traveled by such trucks should the City determine such regulation is warranted. (j) Maintenance of Bulk Terminal Conveyor Belt System Owner shall be solely responsible for the proper maintenance of its Conveyor System. In the event the Conveyor System is determined by the City to be damaged or deteriorated in such a way as to affect the health, safety or welfare of the citizens of the City, or if the City determines that the condition of the Conveyor System constitutes a Code violation or a violation of any other applicable law, the City shall notify Owner, in writing, of such damage, deterioration, or violation. Owner shall have ten (10) days from receipt of the City's notification to repair the Conveyor System. Failure to repair within the ten (10) day period shall constitute a default by Owner pursuant to Section 8 of this Agreement. (k) Sight and Sound Barrier. (i) Owner agrees to design, permit and construct a sight and sound barrier along all boundaries of the Subject Property which abut residential development at the time of recording this Agreement. Such barrier shall be at least sixteen feet (16') in height and shall act to shield the neighboring residential properties from the industrial sights and sounds associated with the Subject Property. (ii) In fulfillment of this subsection, Owner has proposed developing two- story combination garage/storage units for the benefit and use of the adjacent condominium owners. Such development would be at Owner's sole expense. The City agrees that upon the City Council's design approval, the construction of the combination garage/storage units shall act to satisfy the requirements of this subsection. Should Owner not proceed with the development of the combination garage/storage units, Owner shall remain otherwise obligated to construct a sight and sound barrier pursuant to this subsection. (iii) Any sight and sound barrier constructed pursuant to this subsection shall be subject to all design, permitting and construction requirements pursuant to BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral'/ Ambassador Services Inc. & Canaveral Bulk Terminal, Inc, Page 6 of 12 the City Code. (iv) In nrrier to Satisfy this subsection, (hAmer shall have one (1) year from the date of execution of this Agreement to obtain the proper permitting from the City's building department for the construction of the sight and sound barrier. Upon written request of Owner, the City Council may, at its sole discretion, extend this one (1) year time limit by an additional ninety (Qf1) days, provided O`r'riier deiiinitstr ai%s good cause for the extension. Such request shall be submitted to the City Council prior to the expiration of the initial one (1) year period. Further, if a building permit is timely issued to Owner for the construction of a sight and sound barrier pursuant to this subsection and such building permit subsequently expires, or if the construction of the sight and sound barrier is abandoned or discontinued for a period of three (3) months, such expiration of the building permit or abandonment of the construction shall constitute a default by Owner pursuant to Section 8 of this Agreement. Section 7. Third Party Permitee or Operator of Bulk Terminal Conveyor Belt System. In the event that Owner leases the Subject Property to, or otherwise allows a third party to operate the Conveyor System identified hereunder, any and all lessees or operators of said system shall be required to execute a permit license agreement with the City as a condition precedent to commencing operations. The permit license agreement shall fully bind the lessee or operator to all the terms and conditions of this Agreement related to the operation of the Conveyor System as if the lessee or operator was a party hereto. If the lessee or operator fails to comply with said terms and conditions, the City shall have the right to hold the property owners and any lessee or operator jointly and severally liable for any such noncompliance. Furthermore, Owner acknowledges and agrees that the City shall not only have the right to exercise any remedy provided in this Agreement, but shall also have the right to immediately terminate the permit license agreement. Should the permit license agreement be terminated by the City, lessee or operator shall forfeit all rights and privileges under said agreement and shall immediately cease operations on the Subject Property. Section 8. Default by Owner. Failure of Owner to perform each and every one of its obligations as set forth in this Agreement shall constitute a default, entitling the City to pursue whatever remedies are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief or, alternatively, the termination of this Agreement. Prior to filing any action or terminating this Agreement as a result of Owner's default under this Agreement, the City shall first provide Owner with written notice of said default. Upon receipt of said notice, Owner shall be provided ten (10) calendar days in which to cure the default to the City's complete satisfaction. If the City elects to terminate this Agreement, Owner shall lose all rights and privileges under this Agreement. Section 9. Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perforin the terns BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral,TAmbassador Services Inc. & CanaveraI Bulk Terminal, Inc. Page 7 of 12 and provisions of this Agreement and has taken all necessary action to authorize the execution delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner, constitute a'legal, valid and binding o1-1 g* _ iori enforceab'le against the parties hereto and the Subject Property in accordance with the terms and conditions of this Agreement. u_ l io:, 151. uuccessors and Assigns. Tliis Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Subject Property and shall run with title to the same. Section 11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 12. Amendments, This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Council. Section 13. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Owner as to the subject matter hereof. Section 14. Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 15. Effective Date. This Agreement shall become effective upon approval by the City Council and execution of this Agreement by both parties hereto. Section 16. Recordation. This Agreement shall be recorded in the Public Recnrdg of Brevard County, Florida. Section 17. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 18. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, whereby the City shall not be liable, under this Agreement, for punitive damages or interest for the period before judgment nor shall the City be liable, under this Agreement, to any one person BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral" /'Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 8 of 12 for more than $100,000 for any claim or judgement or more than $200,000 for any cJlairn nr judgement arising out of the same incident or occurrence. Furthermore, should any other limitation be imposed on the City's potential liability under state or federal law, the f'M,tatiorthat imposes he least amount of liability on the City shall apply as if said limitation is a material part of this Agreement. Sectinn 14, Cir„'s Police Power. n,.",o a ' , .a V YYlll l agr%c$ aiiu aCrinnwleugeS that the k_ LY nereoy reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away, surrendering, or limiting its police powers. Section 20. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. Section 21. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shat l not in any way whatsoever create any rights on behalff of any third party. Se: ion 22. Specific Performance Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. Section 23, Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. Section 24. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City. County_ State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy, special exception, occupational license, or other permit of any kind whatsoever for the operation of the Conveyor System or for any building or unit on the Subject Property if Owner is in breach of any term and condition of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. [EXECUTION PAGES FOLLOW] BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral 7 Ambassador Services Inc. & Canaveral Bulk Terminal, Inc, Page 9 of 12 CITY OF CAPE CANAVF_.RAI,: IN ATTEST - Susan Stills, City Clerk Approved as to legal form and sufficiency: ANTHONY A. GARGANESE, City Attorney Rocky Randels, Mayor BINDING DEVELOPMENT AGREEMENT Cityof Cape CanavcfaI % Ambassador Services Inc, & Canaveral Bulk Terminal, Inc. Page 10 of 12 AMBASSADOR SERVICES INC.: By: Title: Print Name: • �� r- 4 , , Print Name: STATE OF FLORIDA COUNTY OF RI=U ) ) he foregoing instrument was acknowledged before me this q� day of t}'i 12006, by �Ji� LC— as Vf? ofAmbassador Services Inc., a Florida c rporation, [!'who is personally known to me or [ ] produced as identification. iz�� � k-L4�-' Notary Publ— State of Florida R . KA7-)oTt s Print Name My Commission Expires _-�JLY. I AfjS BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page I 1 of 12 Yf';'% SUSAN R. KATSOTIS z MY COMMISSION Y DD 328449 '. f1( EXPIRES: July 13, 20(X3 Bonded Thru Notary PU Ac Underwriters iz�� � k-L4�-' Notary Publ— State of Florida R . KA7-)oTt s Print Name My Commission Expires _-�JLY. I AfjS BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page I 1 of 12 CANAVERAL BULK TERMINAL, INC..: ny: Title: tea' Print Name: C�� S41 -- WITNESSES: Print Name: S Print Name: ! oS STATE OF FLORIDA ) COUNTY O The foregoing instrument was acknowledged b ore me this day o�f� U ? > 2006, by -- P-�4 of Canaveral Bulk Termi I, Inc., a Florida corporation, [f who is personally known to me or [ ] produced as identification. NOW Rubk • 8,M; of Fb , # D0 {Eon Jw 2 BMW r x �Ann. Notary Public — Statef Fl rida Print e My Commission Expires BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. Page 12 of 12 EXHIBIT M PC51 TE LEGAL DESCRIPTION: (AMMBASSADOR SERVICES, INC,) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS ULLUwS; COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0018707, 4-10-84); THENCE S 00"'47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 00"'47'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 8952'44" W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.03 FEET; THENCE N 00" 47135" W, A DISTANCE OF 451,30 FEET; THENCE N 89-52'4411 W, A DISTANCE OF 218,20 FEET; THENCE N 23-08'26" E, A DISTANCE OF 532.32 FEET; THENCE N 00"'00'00" E, A DISTANCE OF 445.25 FEET TO THE SOUTH PROPERTY _LTN_F OF THE CANAV_F.RAi. PORT AUTHORITY; 'THENCE S 89'55'48" E, ALONG SAID SOUTH LINE A DISTANCE OF 221,08 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8.393 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS OR RIGHTS -OF --WAY OF RECORD, w FOR AND N IH ( CORNEA) 15.21/37 1.14 (]1071 IF Y[ Nr. /ENUE 920 EXHIBIT C/ompo5 ITE . LEGAL DESCRIPTION: ( CANAVERAL BULK TERMINAL, INC.) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0018707, 4-10-84); THENCE S 00'47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE SOUTH LINE OF THE CANAVERAL PORT AUTHORITY; THENCE CONTINUE S 00-47'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89-52'44" W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.03 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE N 89'52'44" W, ALONG SAID LINE, A DISTANCE OF 720.47 FEET TO THE WEST LINE OF SAID LANDS; THENCE N 2436'56" W, ALONG SAID WEST LINE, A DISTANCE OF 496.83 FEET; THENCE S 89'5244" E, A DISTANCE OF 268.17 FEET: mu�ur� N 00 00'nntt E, A DISTANCE OF 174.90 FEET TO THE SOUTH LINE OF THE LANDS OF AFORESAID CANAVERAL PORT AUTHORITY; THENCE WITH AND ALONG SAID LANDS THE FOLLOWING TWO COURSES, TO WIT; N 89-54'08" E, A DISTANCE OF 112.88 FEET; THENCE N 23-08' 26" E, A DISTANCE OF 545.64 FEET; THENCE N 90"00'00" E, A DISTANCE OF 296.69 FEET; THENCE S 00'00'00" W, A DISTANCE OF 168.22 FEET; THENCE S 23"08'26" W, A DISTANCE OF 532.32 FEET; THENCE S 89-5244" E, A DISTANCE OF 218.20 FEET; THENCE S 00"47'35" E, A DISTANCE OF 451.30 FEET TO THE POINT - OF -BEGINNING. CONTAINING 14.496 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD. Ambassador Services, Inc. Canaveral RiiU- TPrm;nal Tnr C/O Randy Mays P.O. Box 654 Cape Canaveral, Fl 32920 HISTORY OF VIOLATIONS 245 CHALLENGER ROAD 11/08/05 Discussed issue of violations regarding the storage of aggregate with Mr. Mays. 11/17/05 Received Fax from Ambassador Services, Inc. regarding Sprinkler system watering times for dust control 11/23/05 MEMO to Bennett Boucher, City Manager, Compliance Report; Regarding a portion of the property currently used for the storage of aggregate is not approved for that use. 07/12/06 Received email complaint regarding the amount dust, dirt and debris generated by the trucks and from the piles of aggregate being stored on the property. 07/12/06 A site visit revealed large amounts of dust from the operations of loading trucks and the access roads. (photos) 07/13/06 Spoke with Randy Mays, response was that radial conveyors are equipped with sprinklers that wet down the piles of rock, will adjust sprinklers to cover larger area and will wet down access road to control dust. 7/24/06 Site visit to view sprinklers in operation and discless issues of storage and dust control. 08/24/06 Received written complaint regarding violations of daily on going activities of trucks loading materials; the moving of equipment; containers prior to 7:00 am; daily operations beginning at 6:20 am; conveyor running all night; bright lights shinning; and amount of dust from the aggregate not being properly sprinkled. 9/08/06 Received email from Todd Morley, Building Official regarding complaints of repeated violations of operating outside the scope of the Binding Development Agreement. Called Mr. Mays and left message 9/11/06 Contacted Mr. Mays regarding complaints. Has 200 gallon water truck that will keep access road wet. Claims he is sprinkling and not operating before 7:00am. Follow up visit revealed he is wetting down aggregate. 9/19/(17 Si+e :".slt re.'F'aled qcy re"ntP hP1YlR atnVreA 'u 1 t' E �' A' b6�cv vvui� Jtl4l ivioia�ion of uuing Development Agreement. Contacted Randy May allowed two weeks to move aggregate. 9/26/07 Bennett Boucher, City Manager observed activity at 6:30 a.m. trucks and lights. 4/02/08 Complaint regarding noise before 7:00 a.m. 4/04/08 Site visit at 6:00 a.m. inspection revealed front end loader filling Semi - trucks full of aggregate. Weight Station in operation, witnessed two Semi's being filled. Site visit to Port Side Villa's closest location to fence/operation could hear beeping and truck noise clearly. 4/10/08 Site visit 6:00 a.m. no noise, lights or any type activity. 4/21/08 Correspondence sent to Mr. Mays regarding violation of Development Agreement, dated April 24, 2008. 4/29/08 Randy Mays called regarding notice, explained the City is putting him on notice that all these types of violations must cease. His response was that all violations have been corrected. PlSnr�T CITY OF CAPE CANAVERAL17200$ APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOAC MITTE_ E s Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. PIease complete the following in the space provided: A. GENERAL 1. Applicant Name: Dennis R. Jenkins 2. Home Address: 425 Pierce Avenue, Unit 405 City, State, Zip: Cape Canaveral, FL 32926 3. Home Telephone: 321.868.0184 4. Occupation: Consulting Engineer 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y} XX (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)_X>(_ (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N)_XX_ 3b. If yes to 3a, have your civil rights been restored? (Y)(N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N)_XX_ 4b. If yes to 4a, please list each: 1 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent�y to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? {Y}_XX_ (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y)(N) XX 6b. If yes to 6a, please provide name{s} of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I would like to support the City ("give something back") and keep our community the great place to live it currently is. i understand now difficult it is to attract volunteers 2. Briefly state any prior experiences in serving on any governmental board or committee: I breifly was on the Planning and Zoning board in 2003, but was called out of town to serve as cheif-of-staff on the Columbia Accident Investigation Board (Space Shuttle) 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 30 years of engineering experience, including site planning, building construction, contractor management. 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. _1_ Board of Adjustment* e. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. _2^ Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board` i. Recreation Board i• Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board' D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American XX Male Asian -American Female Hispanic -American Not Known Native American XX Caucasian DISABItI Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION, YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAIN" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. f Your application will remain effective for one year from the date of completion. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: P/ a7-` 0 3 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: �� Y �S \SSw rG Tin Ai,/ 2. Home Address: 2200 JCA t rI S6A V Ohms 6A"4y6ra�z. ri-A . 3. Home Telephone: 3 ! S 6 &' 7 750 A nupaiinn h r�,..rr�tn� _ r:y i�r!3132 b. Business Telephone: 32-1 .6119- O 376 6. Business Address: 7.200 a6o1NSCITP 13vc: 6642r, CA PYA -e&!j_C.- L� < B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 31) 4a. G� If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 4a, please list each: (Y)(N) (Y)(N) (Y) (N) (Y) (N) (Y) (N) v/ 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) is (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) is 6b. It yes to 6a, please provide name(s) of person(s) and relationship to you: C. iNTERESTSIEXPERIENCE 9. Briefly state your interest in serving on a City advisory board or committee: AT- T M i 7 , J rY,G t i.� t�•_�E:9 -r, wt—,s—/J -jo c,� )•r-rrtm rg T d i tdr, Gdh}Mbtr1 J34 3wucA T)mG _ 6 NCS'94;0- YR 41f ,30Q 6h.S' 7ilt<6 v 2. Briefly state any prier experiences in serving on any govemrneol board or committee: At tUa-k-,r-i� 4 , (-t -cc,-r- 3. ccn-r-3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. in numerical sequence ("I = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g- Library Board h. _ Planning and Zoning Board* i. Recreation Board j. Other. Wembers of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Farm upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE African-American Asian -American Hispanic -American Native American Caucasian Not Known GENDER V Male Female Not Known DISAB Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST 'OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. * Your application will remain effective for one year from the date of completion. * If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at {321} 868-1221. Signature: •-<0 a,},Rfa Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Palk Avenue Cape Canaveral, Florida 32920 Date: November 25, 2008 To: Board of Adjustment members From: Barry Brown, Planning and Development Director RE: Board Meeting on December 3, 2008 The December agenda includes two requests for Special Exceptions. The first is a request for outdoor storage of recreational vehicles, boats, trailers, etc. on a portion of the TechVest property on Center Street. Significant issues include: the visual impact of the proposed use to the residents of the "Solana on the River" condominiums; the use of Center Street to accommodate the backing of vehicles into the site; and stormwater ponding on the site. The second is a request by Randall May of Ambassador Services to allow for the storage of aggregate east of the southerly extension of Marlin Street. The significant issue of this request is the potential impacts such as noise, dust, etc. to residents in Portside Villas and the Southgate Mobile Home Park. In addition, we hope to have one or more potential board members to interview. Please feel free to call me at 321 868-1223 or email brown-cape(a-),cfl.rr.com if you have any questions or comment. PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 12, 2008 A Regular Meeting of the Planning & Zoning Board was held on November 12, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Kate Latorre Susan Chapman Barry Brown Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Assistant City Attorney Board Secretary Planning & Development Director All persons giving testimony were sworn in by Kate. Latorre, Assistant City Attorney. Chairperson McNeely explained the ground rules of the meeting for the benefit of the audience. NEW BUSINESS Approval of Meeting Minutes: October 22 2008. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of October 22, 2008. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 08-01 to Allow Outside Storage for Parking Recreational Vehicles, Trailers and Trailerable Items in the C-2 Zoning District pursuant to the Cape Canaveral Code of Ordinances Section 110- 383(c)(7), Legal Description: Township 24 South, Range 37 East Section 23, All of Parcel 9 and a Portion of Parcel 24, Loma Linda Subdivision - (191 Center Street) - James Morris, Petitioner. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 2 Barry Brown, Planning & Development Director, reported that the owner and applicant is MILS Realty LLC; this is a request for a Special Exception to allow for the storage of recreational vehicles, trailers, and Trailerable items in the C-2 zoning district; the subject property is depicted on the aerial contained in the Board packet; the property is located on Center Street; the subject property is a grass vacant lot, just east of Solana on the River Condominiums and west of the ° Tech Vest building; the zoning and future land use is C-2 commercial; the zoning to the north and east is C-2 commercial; to the south is C-1 commercial; and to - the west is R-3 residential; the property to the north is also outside storage, and the Brighthouse Networks building; to the east is a parking lot associated with the Tech Vest building; to the south is a mobile home park; to the west is Solana on,/ the River Condominiums. He explained that the primary impact of this request is visual, especially the view from Solana on the River Co� � naom ff-iums, which were adjacent to and west of the property, therefore he was calling for a landscape buffer with a minimum eight foot width, to be planted along the north, south and 1 , + 1:441_inset bn�InIaC eSn li�no �ei+h (`;+%r r,.(• +6e request VllIU ghlelaiCIIIIICcMrvnii vI�y UI traffic and emergency access would be provided to the south through the Tech Vest property. Lamar Russell inquired about the name of the applicant and property owner. Barry Brown responded that the applicant is whoever was authorized to represent and speak for the owner. He clarified that the applicant was James Morris, who was the authorized agent for MILS Realty LLC. Kate Latorre, Assistant City Attorney, pointed out that there was a notarized letter contained in the Board packet that authorized James Morris to represent MILS Realty LLC. Barry Brown read a list of proposed conditions as follows: 1) All vehicles, trailers, and trailerable items must be licensed, tagged, and operable. No maintenance or repair of stored items will be allowed on site. There will be no storage of any item not specifically allowed by Section 110-383 (c)(7), such as construction materials, etc. 2) Screening material shall be applied from the top to the bottom of the North, East, and South fences; slats in fences were not allowed. A landscape buffer shall be provided along the North, South and West boundaries with a minimum depth of 8 ft. and landscaped per Section 110-566. The landscaping shall be on the outside of the North and South fence. The North fence shall be moved back approximately 15 ft. to allow for landscaping a greater visibility when exiting the lot. The north gate shall be located approximately 30 ft. from the curb in order to allow for vehicles to get off the public right-of-way while opening and closing the gate. All landscaping shall be irrigated per City code. 3) The Special Exception shall apply to the current owner of the property only. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 3 4) Hours of operation: 7 a.m. to 6 p.m. 5) No one shall live on site. 6) If lighting is installed, bulbs shall be shrouded so as to direct light downward and not allow for spillover to adjoining properties. 7) No parking over sanitary sewer manhole. 8) If a dumpster is provided, it must be fully enclosed in a masonry enclosure and landscaped. Gates must be operational. 9) Time limit - Given the historic failure of outdoor storage facilities to be properly maintained and remain in compliance, I recommend a time limit for the life of the �;nArial �vrontinr� 10) A site plan drawing "to scale" shall be submitted for review and approval by the Planning and Building departments prior to construction. Kate Latorre, Assistant City Attorney, advised that as a general principal, special exceptions and variances are thought to run with the land; and the use stays with the property unless the use becomes abandoned or otherwise lost pursuant to the City code. The City limited special exceptions to property or business owners in the past only under extenuating circumstances or a very unique situation. She advised that the Courts view this type of exception as running with the land, not owner to owner. She explained that as to issues of maintenance, the Board would need to place conditions of recommended approval so that any future owner that wishes to continue the use would be bound by the same conditions; impose the right conditions; rather than placing a time limit on the special exception. Discussion was held regarding adequate rubbish disposal; no plans for improvement for the center of the access road; depth of spaces not being adequate to accommodate recreation vehicles; access and parking plan showed that vehicles had to back in and back out. James Morris, Applicant, testified that that the entire parcel was approximately 80 ft. X 500 ft. long; part of the parcel was being used as a dry retention pond for the Tech Vest property; the property was an abandoned road at one time; the property has a sewer line running through the center of it, therefore they were limited as what type of improvements could be made; they were trying to off -set the property taxes by having an income without spending a lot of money on improving it, other than screening; there were no plans to add any impervious roadway materials; since the condominiums did not allow outside storage the use would be a Good compliment to that nronerty. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 4 James Morris, Applicant, continued to testify that the southern portion of the subject property, would be fenced across the back with a gate for emergency access to the front parking lot of the Tech Vest building, the rest of the parcel would remain as dry retention; the main ingress would be from Center Street; the landlord of this property would be looking down at the outside storage from their building. Barry Brown verified that the fire department approved the emergency access plan. Discussion was held regarding the proposed parking plan. Discussion was held regarding the request conforming to City code Section 110-39 (c)(2). John Johanson read the code section and voiced his opinion that the request did not conform to that code section, because the submitted parking plan was not adequate to meet the code requirements, because of the way the spaces were laid out. John Johanson did not believe that grass was sufficient. fiiccUgcinn fnlln;nier;l regaruling submittal requirements for applying four a special exception. Kate Latorre, Assistant City Attorney, read the section of the code for the Board. She verified that the application met those criteria. She read the code requirements for this type of special exception request. Lamar Russell questioned what the word obscured meant when you are looking down from a five -story building. Kate Latorre answered that obscured meant to prevent you from seeing it. Donald Dunn voiced his concern about oils and various kinds of fluid penetrating through the grass. He believed that the area should be paved. Barry Brown and Kate Latorre verified that for this type of use the code did not require the parking area to be paved. Doug Raymond, property owner at Solana on the River Condominiums, presented the Board a petition that was signed by several of the residents at Solana on the River. Mr. Raymond read the petition into the record as follows: "The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit, as well as, increase traffic and the possibility of crime related incidents in our neighborhood." The petition was handed to the Board Secretary and marked exhibit A. Chairperson McNeely stated that the Board was looking for competent substantial evidence, and even though the residents signed the petition, the Board was still looking for evidence. Doug Raymond advised that the residents appreciated what the City had done with the beautification of the City, specifically along Center Street, along with the park on the river, and throughout the City. They believed that this request was detrimental to that effort. Also, this meeting was the first time any of them had seen what the applicant was proposing to do, he believed that putting up a barrier only on the West side only blocks it from ground view from Solana on the River. All the residents live from 2nd floor up. He advised that anyone driving down Center Street could see through the fence on the east side and with no plans for a vegetative buffer, it would be an eyesore. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 5 Various residents advised that they would rather have a principal use allowed in the C-1 zoning district than an outside storage facility. Kate Latorre read the types of principal uses allowed and uses allowed by Special Exception in the C-2 zoning district. Discussion was held regarding whether the minimum requirements were met with this request; sufficient load bearing surface without compression on the sewer line; quality of life for residents utilizing the clubhouse and outdoor recreation facilities would be dramatically reduced if the request is approved; environmental concerns regarding storm water runoff and seeping of fluids; the property receives stormwater runoff from the property to the east; assurance that the property would be maintained if it changed ownership; having a use that was enclosed would not constitute an eyesore; standing water on property after heavy rains; the parcel being too small to accommodate the number and size of vehicles as proposed; maintaining that the City remains a beachside residential community; and approving this request for Special Exception would decrease the residential property values. The Solana of the River Condominium President respectfully requested that the Board recommend denial of the Special Exception request. He also submitted a picture of the property to the North that the City recently granted a Special Exception for outside storage The photo sho`J'ved 'v"vhat t,ie residents looked down onto from their units and porches. Kate Latorre asked Barry Brown for his professional opinion to verify, for the record, that the applicant properly demonstrated that the request in its scale and intensity was harmonious with the adjacent land uses. He answered yes. She asked if the applicant demonstrated that the size and shape of the site, in regards to access of internal circulation, was adequate to accommodate its proposed use. He answered that he did not believe it had been demonstrated yet that it was adequate. She asked if the proposed use would have any impact on the environment, including: air, noise, pollution, vegetation, wildlife, open space, or flood hazards? He answered no, with the exception that the property receives stormwater runoff from the property to the east. The Board members reviewed and held discussion regarding the Special Exception application criteria worksheet; minimum criteria requirements in conformance with the City code; and environmental risk factors and hazards of chemicals, fuels, and fluids. The Board reviewed the City code and held discussion regarding compatibility criteria. Motion by Lamar Russell, seconded by Bea McNeely, to recommend to the Board of Adjustment that Special Exception Request No. 08-01, be denied based on the following: 1) The size of the property is not compatible with the proposed use. Internal circulation was not adequately addressed. 2) The proposed use is not harmonious with the adjacent use (Solana on the River Condominiums). 3) Risk not adequately addressed. 4) Water retention issues were not adequately addressed.. Donald Dunn left the meeting prior to the motion, therefore John Johanson, 1st Alternate vented, Vnte nn the mntinn carried unanimously. nimo l V ll.i VLl \ 11 U IV I I IVIIVI I %., I11 U„a, 11111 UJs, �. Planning & Zoning Board Meeting Minutes November 12, 2008 RAFT Page 7 Discussion was held regarding the binding Development Agreement. Jack Kirschenbaum, legal counsel for Randall May, Applicant, verified that no written notification was received that any code violation existed. Kate Latorre, Assistant City Attorney, verified that her office had not been contacted by anyone from the City regarding any default of the binding Development Agreement. Ms. Latorre asked the Board members that they limit their consideration to the testimony and evidence relevant to the criteria of the City code. Mr. Kirschenbaum advised that this request was for a Special Exception and was not a code enforcement hearing; there was no default called of the agreement; there were no violations the agreement; there were no notices of violation of the agreement. He advised that the request for the Special Exception was a very minor change to a series of Special Exceptions that were previously granted. He advised that this was industr iai pr opel ty; the le I lol ll ler 1 I portion llol I of the property was located in Port Canaveral; it was consolidated under the binding Development Agreement under one ownership; the property is surrounded on the north, south, and west by other industrial property; only after the industrial uses began on the subject property did that adjacent property owner come before the Board and request a Special Exception to development residential use on property zoned commercial; Special Exceptions for the subject property were granted by the City in 2000, 2003, and 2005, then the binding Development Agreement in 2006; all of the Special Exceptions allowed for the industrial use of the property, including the outside storage of the aggregates, vehicles, containers, military cargo, and stevedoring gear; then a Special Exception was granted for the conveyor system. Mr—Kirschenbaum showed the Board members a site plan and explained that there would still be a5 ft. setback from the bottom of the pile of _aggregate to the 16 ft. wall. Discussion was held regarding alleged code enforcement violations: Mr. Kirschenbaum submitted to the Board that they only consider competent substantial evidence. He advised that an alleged complaint regarding noise, that the noise was not even on the subject property, it was in Port Canaveral. Randall May, Applicant, testified that the aggregate storage would give harmony to the residential area because it would act as a sound barrier, a better use of the property, and a much quieter operation than if he used the property to move and store cargo containers, which was a much noisier operation. Motion by Lamar Russell, seconded by Harry Pearson, to extend the meeting time until 10:25 p.m. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 12, 2008 Page 8 Brief discussion was held regarding noise and dust. Mr. May explained that the sprinkler system is continuously upgraded, as new sprinkler heads are available to extend the distance of water over the aggregate piles. St. Johns River Water Management District approved a permit for a truck tire wash which was now being installed to cut down on the dust. He advised that the impact of that area would not change, because they did not plan to add product, only move it to a different location. The overall relocation of the aggregate was only approximately 140 ft. closer to the east, which was a very small scale of the entire operation and area. He noted that the aggregate piles do not exceed 38 ft., as per the Development Agreement. Brief discussion continued. Following discussion, the Board members agreed that the aggregate storage east of the southern portion of Marlin Street extension was a quieter operation than the currently approved shipping container storage; and the placement of aggregate substituted CA quieter, more cl/Imlpatibie use than con talllel oEJelclllolls. Motion by John Johanson, seconded by John Fredrickson to recommend that the Board of Adjustment grant Special Exception Request No. 08-07, with the condition that the bottom of the aggregate pile be placed no closer than 35 ft. to the eastern buffer. Vote on the motion carried unanimously. OPEN DISCUSSION There being no further business the meeting was adjourned at 10:25 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary Planning & Zoning Board Meeting Minutes November 12, 2008 Page 6 am 3. Recommendation to the Board of Adjustment_ Re: Special Exception Reauest No. 08-07 to Allow Outside Storage of Aggregates in the M-1 Zoning District pursuant to the Cape Canaveral Code of Ordinances Section 110-354 (c) (1) Legal Description: Township 24 South, Range 37 East Section 15 Parcels: 00- 00028, 00-00029, 00-00002, 00-00035 00-00031 and 00-00003 (245 Challenger Road) - Randall May, Representative for Ambassador Services Inc Petitioner. Barry Brown, Planning & Development Director, advised that Randall May, Applicant was requesting a Special Exception to allow for the outdoor storage of aggregates in the M-1 zoning district; the location of aggregate piles east of the southerly extension of Marlin Street, per the Development Agreement; the subject property was approximately 23 acres located south of George King Boulevard, and gest of North Atlantic Avenue; the property was a commercial operation for the outdoor storage of aggregates, containers, etc.; it was identified by the Ambassador Services building and the conveyor that crossed over George King Boulevard; the Future Land Use and Zoning designation was M-1, Industrial; the surrounding zoning to the north was Port Canaveral, C-1 to the east, M-1 to the south and west; the surrounding uses were Port Canaveral to the north, vacant wooded parcel, Portside Villas Condominiums, and a trailer park to the east, AAAA Storage (bother indoor and outdoor storage) to the south, and vacant property and industrial uses at the Port to the west. He explained that the applicant operated a facility that was approved for the outdoor storage of aggregates, vehicles, containers, military cargo, and stevedoring gear. A conveyor system was also approved. The outdoor storage of aggregates was first approved in 2000. He further explained that Portside Villas was located adjacent to and along the southeast boundary of the subject property. Portside Villas was approved as a Special Exception in the C-1 zoning district on July 14, 2003. Over the years, complaints regarding dust, operation of equipment prior to 7:00 a.m., noise, and bright lights were received by the City. He noted that one of the goals of the Development Agreement, adopted in 2006, was to address these issues by calling for a 16 ft. high sight and sound barrier to be constructed along the boundary with residential development and to require aggregate to be stored west of the southerly extension of Marlin Street. A 16 ft. high wooden fence was constructed between the outdoor storage and Portside Villas, and aggregate was stored per the agreement. However, aggregate was currently being stored east of the Marlin Street extension in violation of the Development Agreement. He added that Mr. May was requesting the Special Exception in order to accommodate the current needs of his operation and bring the location of aggregate piles into compliance. If the Special Exception was approved by the Board of Adjustment, the Development Agreement would need to be amended and approved by the City Council. City of Cape Canaveral December 4, 2008 es Inc. :titioner .32920 uest No. 08-07 to Allow Outside Storage of Aggregate in the M-1 nt to the Cape Canaveral Code of Ordinances, Section 110-354 (c)(1), Legal Description: Township 24 South, Range 37 East, Section 15, Parcels 00- 00028, 00-00029, 00-00002, 00-00035, 00-00031, and 00-00003, (245 Challenger Road). Dear Property Owner/Petitioner(s): The Board of Adjustment of the City of Cape Canaveral conducted a public hearing and heard and considered testimony and evidence pertaining to your request at the meeting held on the 3rd day of December, 2008. Based on the testimony and information provided, the Board of Adjustment has granted your request, with the following condition: • The bottom of the aggregate pile shall be placed no closer than 35 feet to the eastern buffer. As per City Code Section 110-32, any special exception approved by the board of adjustment shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the special expiration is issued by the city within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an additional 12 -month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12 -month period. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the special exception shall be deemed expired and null and void. Thereafter, a special exception shall expire and become null and void if the use granted there under 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 this Code. Once a special exception has lapsed due to abandonment, the applicant must resubmit its request for special exception pursuant to the City Code. Should there be a violation to any part of this approval; the special exception is subject to revocation according to the City Code. Sincerely,�� — John Bond Chairperson SLC 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (32 1) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Published'Daily STATE OF FLORIDA I All or Yaryel y arw a rw uu„ � Parcel 24, Loma Llnda unNer- COUNTY OF BREVARD sity subdivision - James Mor- AgentMILS rte, Designated party for RtlOttY LLC, Property Own-er.. A1a17 ot]619).l, YY212018 Before the undersigned authority personally appeared KATHY CICALA who on oath g typ y pp mow Fieatirgsv Board of City The soard of.averal, In the issues of NOVEMBER 22 2008 - FI of Cape Canaveral, FI ride, says that she is LEGAL ADVERTISING SPECIALIST willpnotrp eoltico7sderit two special Fxceptlon r. - eSts. is a newspaper in said Brevard County, Florida, and that the said newspaper has of the FLORIDA TODAY a newspaper published in Brevard County, Florida; that . aCodedof0 hinanoes. anever- , The Board of Adlusiment meeting w9l be held at the COY the attached copy of advertising being a LEGAL NOTICE Cap" Canaveral, Florida, respect to any matter consid- Wednesday, December 3, 2006 at JA P.M. to consider the tot- (AD#1006250) 599.07 the matter of lowing: Special PJ:Cep I1 Request Na ceedings, and for such purpose t at a may treed to of Me. that a verbatim record of me 06-01 Allow sl Storage CITY OF CAPE CANAVERAL Parking Reczeafiional Vehl- for Parr des, Trailers and Traiterabie sSecretarytotheto he Board of Ad- items In the C-2 Zoning District the Court at {191 center slreeU, Legal DesQiptioir: Section 73, Town- ATltT1r d- V !1l,' bT TT2 TsTi— TIV A DIF C AwA 11y 1 Al..liyA' A vL RINGS I All or Yaryel y arw a rw uu„ � Parcel 24, Loma Llnda unNer- DECEMBER 3 2008 SPECIAL EXCEPTION REQUEST NO. 08-01 & No. 08-07 sity subdivision - James Mor- AgentMILS rte, Designated party for RtlOttY LLC, Property Own-er.. Special Exteptan RequesF No. 06-07 to Albw Outside storage. was published in the FLORIDA TODAY of Aggregates in the M -t Zon- ing District at (245 Challenger, In the issues of NOVEMBER 22 2008 - Road) - legal Description:' Sadist i5 ship 24 south, Ea Range 37� Easfi; Parcels Affiant further says that the said FLORIDA TODAY 00.00028, 00-0024, g0-gg002, 00-00035, 00-00031, and: gg-oog«t- Randall May, Deslg is a newspaper in said Brevard County, Florida, and that the said newspaper has naffed Agent for Ambassador. Services, Irr— Property Owner. Parties are to attend this meeevie heard. If any person decides to heretofore been continuously published in said Brevard County, Florida, regularly as I paandecisinaddby: Boam respect to any matter consid- above, and has been entered as periodicals matter at the post office in p p :ee this meeting, herrn- eredstated will treed a record of the pro- MELBOURNE in said Brevard County, Florida, for period of one year next receding ty P y preceding ceedings, and for such purpose t at a may treed to of Me. that a verbatim record of me proceedtlgs Is made. the first publication of the attached copy of advertisement; and affiant further says that sSecretarytotheto he Board of Ad- she has neither paid nor promised any person, firm or corporation any discount, rebate, justm-nt above �tc� c-� he city of Cape Canaveral, Com - commission or refund for the purpose of securing this advertisement for publication in n�ft, Ba" grown, Planning 5 p-ve{opment Director, at said newspaper. L_ (321)666-1205. — ((zip/e Affiant) Sworn to and subscribed before this 22nd/ -day of NOVEMBER, 2008 ��tXy P% S. li. wnRo * * MYCOMMISSION ;I DD 449451 (Signature of Notary Public) EXPIRES: July 22, 2009 `'�grF�Ftnc�°F Borded nru8u*txo"Sea;ces S. H. WARD (Name of Notary Typed, Printed or Stamped) Personally Known X or Produced Identification Type Identification Produced City of Cape Canaveral MILS Realty LLC C/O James Morris, Applicant 191 Center Street, #301 Cape Canaveral, FL 32920 December 3, 2008 RE: Special Exception Request No. 08-01 to Allow Outside Storage for Parking Recreational Vehicles, Trailers and Trailerable Items in the C-2 Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Section 110-383 (c) (7), Legal Description: Township 24 South, Range 37 East, Section 23, All of Parcel 9 and a Portion of Parcel 24, Loma Linda Subdivision - (191 Center Street) - James Morris, Petitioner. Dear Property Owner/Petitioner(s): The Board of Adjustment of the City of Cape Canaveral conducted a public hearing and heard and considered testimony and evidence pertaining to your request at the meeting held on the 3rd day of December, 2008. After hearing and considering the testimony and evidence presented, the Board of Adjustment has denied your request, based on the following: The applicant did not demonstrate that: 1. The requested special exception, including its proposed scale and intensity, traric-generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. See Cape Canaveral City Code Section 110- 39(c)(1). 2. The size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the special exception requested or that the site is of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed special exception. See Cape Canaveral City Code Section 110- 39(c)(2). 3. The proposed special exception would not have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. See carne Gana ;tercel city rode Sectinn 11 0-' QOfr WM 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Board of Adjustment Board Order December 3, 2008 Special Exception Request No. 08-01 Page 2 of 2 As per City Code Section 110-33, any party aggrieved by any final decision of the Board of Adjustment shall have the right to appeal the final decision to the City Council within ten (10) calendar days of the date of the final decision. Sincerely, John Bond Chairperson SLC c: address file October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Be>-;�L Name Add s �--Cs/ //�� --•�-- ame %d Dg cS.w; !/a. CiSj •a ° 3 - 3.29 L o Address 14ame� ,s dress '4&P -A, in" -,,� ��A 01,9 E -e-7 Name Address fr7�-x. N\Q Y- Name °77 6 D S( r3 P_ Name 1 ®0 E LIDS C J�`'� Cia c (i�(_A Address EXHIBIT D a p 1 7 Ff t d tL i "'t ft' October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best, Name Address " — Name ` —7001;� V t Address Name d Address Name f Address ��n 6-\ � C " y v7S 40 t Name --' Address me Address WNSTON THOMAS SCOT Gay G SCOT 7009 Sevilla (�t- Utlit 503 ver4 R-orida 3 920 NOvOmber 9, 2009 To; Planning and ZOniug 8oayd, Cape CanayemL Florida Re .P 3 Exemption Reqwsr 09-01 OutsWe age fcw -RV and T 191 +deer St. eve Canaveral FL .Wt are opposed to Sp=W- Exc.mptzf,., p - 2L �Fk� T CZ DiM4 Lartic. 7008 -villa tt, Tl'nit ,,I0I i 11 OF to October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. c_ Name f 4 LIL, Address % '(:;�o 16 e�-6 1 L-� October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. iii Address Name / Address (,- '-f, ic-, October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best �' M Name Address j /1 CT ✓��' f. �� ���� ta�i�� � L- 'Z.2 _9Zc Name Tom(_^ � Address -702--8- St i, I V a 'wc_� o q— (t i Address Name Address Name Name Address cko 7;�, l0 October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polls Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best, 2 Name/ Address P, f 16a't (aY Address Name ` ll� 9 Address AririrPcc Name Address �30��c October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. RPSt Auuress Julianne Gardill Ujtt303 " U sevma Ct. Cape Canaxerd,FL 32920-3794 Tame 7048 Address Name Address Nance Address Name Address Name Address ZF " October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Nairne Address Name Address Name Address Name Address it, C'6 to October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Favotn -NNI Name Address �t U/_7 Y Name Address Name„, ' Address Name d Address Name Address . . . . . . . . . . . . . . . . . . . . . 4 City of Cape Canaveral, Florida Board of Adjustment Meeting December 3, 2008 STAFF REPORT Applicant: Jim Morris Owner: MILS Realty, LLC Request: For a Special Exception to allow for the storage of recreational vehicles, trailers, and trailerable items in the C-2 zoning district per Sec 110-383(c)7. Subject property: A vacant grassed lot that is part of the TechVest property located at 191 Center Street and is located between a parking lot to the East and Solana on the River condos to the West. The subject property is accessed directly from Center St. Future Land Use and Zoning designation: C-2 Commercial. Surrounding zoning: North — C-2, Commercial East — C-2, Commercial South - C-1, Commercial West — R-3, Residential Surrounding uses: North — Outdoor Storage; Srighthouse building and communications tower. East — Parking lot South - Mobile home park West — Solana on the River condominiums Description: The applicant owns the TechVest property on Center Street. A portion of the property is a vacant grassed lot. The applicant wishes to use that area to locate a commercial operation for the outdoor storage of recreational vehicles, trailers, and trailerable items. The applicant is proposing to add screening and limit the hours of operation from 7am to 6pm. The primary impact to surrounding properties is visual, especially the view from the "Solana on the River" condominiums which are adjacent to and West of the subject property. The proposed use will generate little traffic and an emergency access will be provided. Staff recommends denial based on the following: 1) The proposed outdoor storage use is not compatible and harmonious with the adjacent residential uses to the west. The outdoor storage would be unsightly and could possibly affect property values of the condominiums. 2) The applicant has not demonstrated that the size and shape of the site is adequate to accommodate the proposed access and internal circulation. The applicant is proposing to back vehicles into the site from Center Street; this would create traffic conflicts on Center St. by blocking the flow of traffic while vehicles were backing into the site. Also, the applicant has not demonstrated that the site is wide enough to accommodate internal turning movements. The Planning & Zoning Board heard the request on November 12, 2008 and recommended denial. See the attached meeting minutes for Board discussion and recommendation. If the request is approved by the BOA, staff recommends the following conditions for the Special Exception: 1) All vehicles, trailers, and trailerable items must be licensed, tagged, and operable. No maintenance or repair of stored items will be allowed on site. There will be no storage of any items snot specifically allowed by Section 110-383(c)7, such as c. I I Lructicn materials, etc. 2) Screening material shall be applied from the top to the bottom of the North, East, and South fences; slats in fences is not allowed. A landscape buffer shall be provided along the North, South and West boundaries with a minimum depth of 8 ft. and landscaped per Sec. 110-566. The landscaping shall be on the outside of the North and South fence. The North fence shall be moved back approx. 15 feet to allow for landscaping a greater visibility when exiting the lot. The north gate shall be located approximately 30 ft. from the curb in order to all for vehicles to get off the public right-of- way while opening and closing the gate. All landscaping shall be irrigated per City code. 3) Hours of operation — 7am to 6pm. 4) No one shall live on site. 5) If lighting is installed, bulbs shall be shrouded so as to direct light downward and not allow for spillover to adjoining properties. 6) No parking over sanitary sewer manhole. 7) If a dumpster is provided, it must be fully enclosed in a masonry enclosure and landscaped. Gates must be operational. 8) The outdoor storage facility is to be properly maintained and remain in compliance. 9) A site plan drawn "to scale" shall be submitted for review and approval by the Planning and Building departments prior to construction. 2 L.ity of gape Canaveral y, Building Department W �JCCwh� r' (Please Print Legibly or Type) DATE FILED �1 10,_ FEE PAID ZSfD.cc, DEPOSIT RECV'D BY: ($250.00 Filing Feeds non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) 007" Address of request (if applicable) ,S r Legal Description: Lot Block Parcel Subdv X Section 2.3 Township a 4 Range__3 _% STATEMENT OF FACT: State of Florida, County of Brevard; I being duly sworn, depose and say that: I am the property owner. Y,, I am the owner(s) designated agent. (notarized authorization required) Address: z13 6- / 82 Nb —.5/—; 46P01VX , A_ -'y /0y/5_y Home Phone Work Phone E-Mail— Applicant(s) -MailApplicants) Names(s): Address: Home Phone 006-•� Stf-Q Work Phone -'50©.53 E -Mail_ � s��a� %e/l 4/,C7,s j All informer on, sketches and data contained and made part of this request, are honest and true to., 1.ie best of m knowledge and belief. y Sigiiature'of Applicant Sworn to and subscribed before me on this 15 Notary Public, State of Florida a6 wry Notary Public State of Florida r Joy Lombardi Z My Commission DD688496 or moo- Expires 08/03/2011 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 U7 City of Cape Canaver' APPLICATION FOR SrE,CIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for. Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by flip board Secretary of the c ate and ti-mp of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 41hWednesdays 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: X / / 5 1. NAME OF APPLICANTS) A11,4 5 'moi' A,4- c ADDRESS (if assigned) PHONE #'�3a - 4�y3 S' FAX #--79-'1- 94/3Y E-MAILJ/0 �,moi' 7-1v� 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: IBLOCK: SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES:�- SECTION: TOWNSHIP'Y ANGE-Z7 DESCRIPTION: 5;�-o/'r _ = ' s� .2JZ� 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X, SECTION 2) //0 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.) 0 —. 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. 4 1 ---- , r..LL.�.���� avaull% areas N provided without creating undo, oise, glare, odor or detrimental e,..Lects 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 function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to ensure conformity with the foregoing. STATE PEA SOI;l FOR REQUEST (attach additional sheet if necessary): 17-0 5 THE FOLLOWING CLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: !i Paid receipt from Finance Department for $250.00 Application Fee. Paid receipt from Finance Department for Deposit, if applicable. (Make checks payable to the "City of Cape Canaveral") A listing of legal descriptions of all properties within a 500 ft. radius of the boundaries of the property contained in the request, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. Include three (3) complete sets of mailing labels of all property owners within a 500 ft. radius. (This can be obtained from the Tax Assessor's Office.) The list shall be legible and the source of the information submitted stated here: This information was obtained from: A property map showing properties within the 500 ft. radius, clearly outlining the subject property. The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 7. Where Property is not owned by the applicant, a Power of Attorney must be attached giving the Notarized consent of the property owner to the applicant to request the Special Exception. 8. Copy of recorded deed to subject property. 9. Completed worksheet. 10. If applicable, elevation drawing(s) or photograph(s) of proposed structure(s) are encouraged. • NOTE: Application fee of $250.00 is non-refundable upon payment to the City. • NOTE: Any balance from required deposit will be returned to the applicant upon written request minus all associated costs. I 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? /v® /vv Sr a 7-/' -- 7 �r 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? 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) Stormwater Runoff Are there any special Stormwater runoff treatment measures required and or from adjoining uses? 6) Traffic Are there ditlerences . types and sizes of vehicles? Are ingress and egress adequate? Are there any auto and pedestrian safety issues? A) v U What is theanticipated number of vehicles in the peak hour? Are traffic flow and control addressed? Is there adequate mergency access in case of fire or medical emergency? g Y? 61%-fV % rZ- '�) "02— / 7) Hours of Operation Tho differences in hours of onerntinn n ffPnd aotlhar nv;ot; r,n „on J an 1VL VALJLlll� UJV: 8) Loading and Unloading Are there differences in loading and unloading between adjoining properties? 1�5 sS 9) Parking Are there differences in off-street parking between adjoining uses? Cite the off-street parking requirements from the a propriate land development code sections. ,71115 67 7' 14) 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? 12) Emergency Services Will the Special Exception create any unusual 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. 14) Size and Appearance Are there serious differences in structural appearance between adjoining properties? Are there serious or extreme structural size differences? ss/f= 62 c�/�vc� i •r'�' 5i'y���i 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? 17) Risk Factors Does potential energy storage pose a risk to surrounding area? What recommendations are made by the Fire Department? 18) Envirom-rental Conditions Are they any environmentalc�pditio applicable to this request?, cam'/= �; / L�%����'� �'- /✓�JzSf�'i�r�' ���L��'�'aC."��=�. 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.? 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 compatibility? 22) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? .LLC M.LL.S. REA.i�TY J611/ CE-NUTETR S Tfl -EET SIE#210 CAPE CANAVERALFL�RIDA #32920 1,, Andre Musovic as Managing Mernber of MILS REALTY LLC, do h, Authorize J.J. Morris inc, to act on my behair-'as a designated agent, iui regards to applying for this application for special exception. Andre Musovic date _�S/O Notoary PubH5,. tate of 14ew York "Jo E L. RIOS���[caric 140tary PublIC - State N0.02RJ&(,�089 Ity ()Uarified In C)uoeris GOUI = xp re 2, 2007 thy (;0mrnisSi0r' U E3 Return to and prepared by: Vision Title of Brevard 1590 Pineapple Ave Melbourne, Florida 32935 Jit File Number: BC06-1023 CFN 2006255262 06-28-2006 01:30 pm OR Book/Page: 5690 t 50.55 General Warranty Deed Mad, this AUgust 1 0 � 06 A.D. By g- LLC, a Delaware limited liability company, as to an undivided one half guar au, a(lvv rJv l.V1IllllCl lle Coatings interest and Edward L. Hradesky and Elsie E. Hradesky, husband and wife as joint tenants as to an undivided one half interest, 124 St. Croix Avenue, Cocoa Beach, FL 32931, hereinafter called the grantor, to M-I.L.S. REALTY LLC, a Florida limited liability company, whose post office address is: 643 East 182nd Street, Bronx, NY 10458, hereinafter called the grantee: ( Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Brevard County, Florida, viz: Scott Ellis See Schedule "A" attached hereto and made a part hereof Clerk Of Courts, Brevard County #Pgs:2 #Names:4 Trust: 1.50 Ree: 17.00 Serv:0.o0 21,000.00 'xcise:0.00 Parcel ID Number. 24 37 23 JI L and 24 37 23 JI LI and 24 37 23 Jl M Mfg: 0.00 nt Tax: o.00 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Commerce Coatings, LLC a Delaware limited liability company /%/Y ,LU BY fll �kui=/! �= ---- -- -- (Seal) 7 Edward L. Hraiiesjcy, as Managm a er Witness Printed Name t> e t S J Address: 124 St. Croix Avenue, C0008 Be�32931 L DC _ (Seal) Edwar L. Hradesky Witness Printed Name �'�'0 A -i f /J Address: 124 St. Croix Avenue, Cocoa Beach, FL 332931 GAi. C �ar%� f c (Seal) Elsie L. Hradesky Address: 124 St. Croix Avenue, Cocoa Beach, FL 431 State of Florida County of Brevard The foregoing instrument was acknowledged before me this a% day of August, 2006, by Edward L. Hradesky, as Managing Member of Commerce Coatings LLC, a Delaware limited liability company, Edward L. Hradesky and Elsie E. Hradesky, husband and wife, who A ROBERT SEALSMY COMMISSION • Do 171540 EXPIRES: December 15, 2ooeAAY FLNM y$.M.8a,,dMIm - a1 na iy Decd wru, Lcgai mi Si:iruiuic A Closers' Choice _ 4 �y Notary Public My Commission Expires: Return to and prepared by: Vision Title of Brevard 1590 Pineapple Ave Melbourne, Florida 32935 File Number: BC06-1023 "Schedule A" PARCEL l: lllllllllillll11111�1�1�1��1�1�1,II/If/11111�� r/1111t CFN 2006255262 �('" OR Book/Pa9e: 5690 / 5056 A portion of Section 23, Township 24 South, Range 37 East the City of Cape Canaveral, Brevard County, Florida, more particularly described as follows: Commence at the Southwest comer of said Section 23; thence North 01 degrees 05' 19" East, along the West line of said Section 23, I227.23 feet to an intersection with the South line of the Plat of Survey for Loma Linda University as recorded in Survey Book 1, at page 106 of the Public Records of Brevard County, Florida; thence South 88 degrees 53' 34" East, along said South line, 40.12 feet to a found cut nail at the Southwest comer of Parcel L as shown on said plat of Survey for Loma Linda University also being the Point of Beginning; thence North 01 degrees 05'.19" East, along the West line of said Parcel L, 315.18 feet to a found 5/8" iron rod (Deithom LB 6445); thence South 88 degrees 53'29" East, 183.80 to a found PK Nail & Disk (Deithom LB 6445) on the East line of said Parcel L; thence South 00 degrees 59'29" West, along said East ....:, .�<.... ,3.;:i2 (a:.lw.. o}i ,.c; °...., 34 .. :,., ::%_6 i�uo" ::.i:, 2,.'i4 :.. PK Nail & Disk (Deithom PLS 2412); thence South 00 degrees 59'29" West, along said East line, 195.22 feet to a found - 5/8" iron rod (Deithom PLS 2412) at the Southeast comer of said Parcel L on the South line of said Plat of Survey for Loma Linda University; thence North 88 degrees 53'34" West, along said South line, 214.27 feet to the Point of Beginning. PARCEL 2: 80.00 UNNAMED RIGHT OF WAY ADJACENT TO PARCELS L & M A portion of Section 23, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida, more particularly described as follows: Commence at the Southwest comer of said Section 23; thence North 01 degrees 05' 19" East, along the West line of said Section 23, for a distance of 1227.23 feet to an intersection with the South line of the Plat of Survey for Loma Linda University as recorded in Survey Book 1, at page 106 of the Public Records of Brevard County, Florida, the Point of Beginning; thence North 88 degrees 53'34" West, along said South line, for a distance of 39.90 feet to a set 5/8 -inch iron rod with cap (Deithorn PLS 2412) of the Southwest corner of an unnamed 80.00 foot North-South right of way as shown on said plat of Survey for Loma Linda University; thence North 01 degrees 05' 19" East, along the West line of said right of way, for a distance of 580.18 feet to a set PK nail and disk (Deithorn PLS 2412) at the Northeast corner of Parcel N as shown on said Plat of Survey for Loma Linda University, said point being North 01 degrees 05'23" East, 0.32 feet from a found railroad spike; thence South 88 degrees 53' 29" East, along the Western extension of the South line of Center Street a 50.00 foot right of way as shown on said Plat of Survey for Loma Linda University, for a distance of 80.01 feet to a found 3/4 -inch iron pipe with PK nail at the Northwest comer of Parcel M as shown on said Plat of Survey for Loma Linda University; thence South 01 degrees 05' 19" West, along the East line of said unnamed 80.00 foot North-South right of way, for a distance of 580.18 feet to a found cut nail at the Southeast comer of said right of way, being South 77 degrees 4601 " East, 0.22 feet from a found PK nail and disk (PLS 3254 PLS 4046); thence North 88 degrees 53'34" West, along the South line of said Plat of Survey for Loma Linda University, for a distance of 40.12 feet to the Point of Beginning. PARCEL 3: A portion of Section 23, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows: A strip of land 30.00 feet in width lying to the left (West) of the following described property; begin at the Southwest corner of Parcel B as shown on the "Plat of Survey for Loma Linda University" as recorded in Survey Book 1 at page 106 of the Public Records of Brevard County, Florida; thence North 00 degrees 59'29" East, along the West line of said Parcels B, C and K and the West line as shown on said "Plat of Survey for Loma Linda University", 364.95 feet to a point on the right of way line of Center Street, a 50.00 foot right of way as shown on the "Plat of Loma Linda University" being the point of termination of said 30.00 foot strip of land. Said 30.00 foot strip of land being bound on the North by the South right of way of said Center Street and on the South by the Westerly projection of the South boundary line of Parcel B. DEED inaividuai warranty Deed with Ugai on schmuie A Closers' Choice ck Action. Parcel Info 0istance 099' A a'� i fl t FT October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best, Name 70,of aSzy fi c-. C, Add s � /�AA "eL .1 A4n�+ a 114,0_4 6 Xame Address 64? tv ! j Name - dress Name '7�t 5e-: !� • eZ o t �' d� u �� Address uS Nal lu Address `` EXHIBIT iv D �1 October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best, Name Cl Address Name —7D®cz� - T A-�_AVt sQ,h j=:L s7_�Zv Address Nam, e Address Name ZA� Address �l�Ulj,� �\A 0 L__"- 6-- 7S 4[v 1 Name Scv�i�G Address P k---)) U SO, �V-'J 6 t ttt� Address .',v'1c I�STO.N THOMAS SCOTT Gay G SCOT 7009 SevfflaCt. Ut503 CAX Cauave;aL Florida 34920 Noyember 9, 2 To: Plaaning and Zooing 8wr4 CaPe C=avzraf, rid -a Fe: SPecW Exemption Rrqueq 08-o 1 Ou.e Stogie l•cjr RV and TmUen 191 Curter St. Cade awaveral PL Wt are qpposed to Spedal p�u-`}3 s , cF 10 October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 11 I Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. a Name �` Address October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Address Name Address 6. -6 10 October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best,,-"` VA Name KPLC A/ -5 Address CT Name caVY-0 Address--? 0-2-8- Stv , j V Ct C,�( Address Name Address / Name hA F, I Er, „d:,.,. '7ocS �E�r//,� C'i � Sod — Name Address ?q 10 October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside .in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Best /? Name Address P"f I NTae ag Address P/(/) VoUtL - N `� 1hr�cQ Address A ririracc Name Address g'39�) �J 0,n'@i> October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. Ract HLLLLl GJS Julianne Gardill unit 303 Name 7048 SevRa Ct. Cape Canaveral, FL 32,920-3X7,99 Address AT Y Na ne Address Name Address Name Address Name Address tF " 9.'610 j October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 111 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. 13x791 C) Naniie Address Name Address Name Address Name Address October 31, 2008 Re: Notice of Public Hearing/ Special Exception Request No. 08-01 Cape Canaveral Planning and Zoning Board 11 1 Polk Avenue Cape Canaveral, FL 32920 To Whom It May Concern: This letter serves as our strong preference for the Board NOT to recommend the Special Exception requested by James Morris to allow outside storage at 191 Center Street. The residents of Solana on the River reside in a multi-level structure and the storage of recreational vehicles, trailers and trailerable items would be an eyesore from every unit as well as increase in traffic and the possibility of crime related incidents in our neighborhood. Thank you in advance for your consideration and our hope is that the Special Exception Request No. 08-01 will NOT be approved. nuue cap a L , Nlrl �/T c� rs'i ok Name Address t ivarne Address ' Name 700� C -'ire /%i �� ` , L10 Address Name Address Name Address F ; t P moi' The ad has been processed to publish on 11/22 AD#1006250,11 /22/2008 V <BF>Notice of Public Hearings:<NM> u The Board of Adjustment, City of Cape Canaveral, Florida, will hold Public Hearings for the purpose of considering two Special Exception requests pursuant to the Cape Canaver' al Code of Ordinances. The Board of Adjustment meeting will be held at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, on <BF>Wednesday, December 3, 2008 at 7:00 P.M.<NM> to consider the fol' lowing: <BF>Special Exception Request No. 08-01 <NM> to Allow Outside Storage for Parking Recreational Vehi' cies, Trailers and Trailerable Items in the C-2 Zoning District at (191 Center Street), Legal Description: Section 23, Town' ship 24 South, Range 37 East, Ail of Parcel 9 and a Portion of Parcel 24, Loma Linda Univer' sity Subdivision - James Mor' ris, Designated Agent for MILS Realty LLC, Property Owner. <BF>Special Exception Request No. 08-07<NM> to Allow Outside Storage of Aggregates in the M-1 Zon' ing District at (245 Challenger Road) - Legal Description: Section 15, Township 24 South, Range 37 East, Parcels 00-00028, 00-00029, 00-00002, 00-00035, 00-00031, and 00-00003 - Randall May, Desig' nated Agent for Ambassador Services, Inc., Property Owner. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter consid' ered at this meeting, he/she will need a record of the pro' ceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L. Chapman Secretary to the Board of Ad' justment For questions regarding the above ad, please contact the City of Cape Canaveral, Com' munity Development Depart' meat, Barry Brown, Planning & Development Director, at (321) 868-1205. N W E SKETGH 0� 0E5GKIPTION EXHIBIT °G° POINT -OF -COMMENCEMENT (SECTION CORNER) THE NORTHEAST CORNER OF SECTION 15-24/37 D.N.R. DOCUMENT NO. 0018708 4-10-84 ( 3807) n POINT -OF -BEGINNING 559.00 N B ri N 0R0 ENtERPRi565 a J m a m � N90' 0' 0' E 296. 69 mN LLJ a CC 40 W CC J112�88 (n W0 aaTHE NORTH L1NE OF GOVERNMENT LOT 2 rPi N 0 IN SECTION 15-24i37 N89 -54'08'E v m 3 m Y o- N O m O m GO e O Z W 288. 17 W S89' 52' aa' E s 5�9 Z POPT GANAV>;PAI, TEPM I NAI, SEKV I G>-6) �-[-G W 9- s 22.889 ACRES, MORE OR LESS gn Oct. 21, 2008 14:28:35 DEED BOOK 328, PAGE 311 N89' 52' 44' W 945.50 NOW OR FORMERLY CEVESCO, INC. OFFICIAL RECORDS BOOK 435, PAGE 290 BEACH MAPPING AND SURVEYING 8010 NORTH ATLANTIC AVENUE SUITE NO. 12 CAPE CANAVERAL, FL 32920 ( 321) 783-4174 CFN 2006043948 Book/Pago A604/3614 Scott Ellis Clerk Of Courts, Brevard County #P9s:2 #Names:2 Trust: 1.50 Rec: 17.00 Servs 0.00 PREPARED BY & RETURN TO: ^- 0.70 =xcise: 0.00 Jack A. Kirschenba E Mtg 0 00 int Tax: 0.00 GrayRolinson, P.A. 1800 W. 'Hibiscus Blvd., Ste. 138 McIboumt e, Florida 32901 CFN 2006043948 02-14-2006 11:06 am PARCEL. TAX ID #2437-15-00-00031 and oR BooklPa9e: 5604 13514 PARCEL TAX ID #24-37-15-00-00003 _ WARRANTY DEED THIS INDENTURE, made this _(�- day of February, 2006, between CANAVERAL BULK TERMINAL, INC., A Florida Corporation whose address is 1000 Southern Boulevard, Suite 300, West Paha Beach, Florida, 33405 ("Grantor"), to CANAVERAL BULK TERMINAL, INC., A Florida Corporation whose address is 1000 Southern Boulevard, Suite 300, West Palm Beach, Florida, 33405 WITNESSETH that the Grantor, for and in consideration of the sure of TEN AND NO/100THS DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by 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 the County of Brevard, State of Florida, to wit: (See Exhibit A attached) and the Grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. This Deed has been prepared at the Grantor's request without benefit of a title search and no representations as to same are made by Jack A. Kirschenbaurn, Esquire or GrayRobinson, P.A. The purpose of this Deed is to create a unified single parcel. IN WITNESS WIjEREOF, the Grantors have hereunto set their hand and seal the day and year first above wHtten. Wtttriesss �„s.r I�v4Kor_ STATE OF FLORIDA COUNTY OF BREVARD THE FOREGOING INSTRUMENT was acknowledged before me this 0`-- day of February, 2006, by pyl 'GL , who personally appeared before me b®, is personally known to me [ ], or has produced as identification, and who did take an oath. Notary WIblic Name: 5U")W P.. I T Qa:S My Commission Expires: Judy 19 mini SMAN R. KAT90TIS MY COMMIS” # DO 326449 EXPIRES: JWy 1#, 2006 &,*dTttuW y►abet tt+fa*rMn # 49769 0 f;�/ CFN 2006043948 Book/Page 5604/3515 EXHIBIT "B" LEGAL DESCRIPTION: ( CANAVERAL BULK TERMINAL, INC.) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0018707, 4-10-84); THENCE S 00"47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE 'SOUTH LINE OF THE CANAVERAL PORT AUTHORITY; THENCE CONTINUE S 00"'47'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF ,THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE =N 89-52'44" W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.03 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE N 89-52'44" W, ALONG SAID LINE, A DISTANCE OF 720.47 FEET TO THE WEST LINE OF SAID LANDS; THENCE N 24-36'56" W, ALONG SAID WEST LINE, A DISTANCE OF 496.83 ;FEET; THENCE S 89"'52'44" E, A DISTANCE OF 268.17 FEET; THENCE N 00"'00'00" E, A DISTANCE OF 174.90 FEET TO THE SOUTH LINE OF THE LANDS OF AFORESAID CANAVERAL PORT AUTHORITY; THENCE WITH AND ALONG SAID LANDS THE FOLLOWING TWO COURSES, TO WIT; N 89"'54'08" E, A DISTANCE OF 112.88 FEET; THENCE N 23'08'26" E, A DISTANCE OF 545.64 FEET; THENCE N 90"00'00" E, A DISTANCE OF 296.69 FEET; THENCE S 00"'00'00" W, A DISTANCE OF 1.88.22 FEET; THENCE S 23"'08'26" W, A ;DISTANCE OF 532.32 FEET; THENCE S 89"52'44" E, A DISTANCE OF 218.20 FEET; THENCE S 00-47'35" E, A DISTANCE OF 451.30 FEET TO THE POINT - 'OF -BEGINNING. 'CONTAINING 14.496 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY :EASEMENTS OR RIGHTS--OF-WAY OF RECORD. CFN 2006043949 Book/Page 5604/3516 PREPARED BY & RETURN TO: Jack A. K.irschenbaum, ,Esq. GrayRobinson, P.A. 1800 W. :Hibiscus Blvd., Ste. 138 Melbourne. Florida 32901 PARCEL, TAX ID #24-37-I5-00-00029 PARCEL TAX ID #24-37-15-0040029 PARCEL TAX ID 924-37-15-00-00002 PARCEL TAX ID #24-37-15-00-00035 CFN 2006043949 02-14-2006 11:06 a OR Book/Page: 5604 / 3516 Scott Ellis Clerk Of Courts, Brevard County 41`9s:2 *Names:2 Trust: 1.50 Rec: 17.00 Serv:0,00 ^- 0.70 excise: 0.00 Mtg 0.00int Tax: 0.00 WARItANTY DEED THIS INDENTURE, made this L"J'iay of February, 2006, between AMBASSADOR SERVICES, FYL INC., A Florida Corporation whose address is 245 Challenger Road, Cape Canaveral, Florida, 32920 ("Granto'r"), to AMBASSADOR SERVICES, INC., A Florida Corporation whose address is 245 Challenger Road, Cape Canaveral, Florida, 32920 (Grantee). WITNESSETH that the Grantor, for and in consideration of the sum of TEN AND NO/100THS DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has gran" bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Brevard, State of Florida, to wit: (See Exhibit A attached) and the Grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. This Deed has been prepared at the Grantor's request without benefit of a title search and no representations as to same are made by Jack A. Kirschenbaum, Esquire or GrayRobinson, P.A. The purpose of this heed is to create a unified single parcel. IN WITNESS RF:OK the Grantors have hereunto set their hand and seal the day and year first above written. �y Signed, sealed and delivered 1 in prese ` �.r Witness:' Witness: 4� Ar� Kms" ' 7 STATE OF FLORIDA COUNTY OF BREVARD THE FOREGOING INSTRiUMENT was acknowledged before me this _C7 day of February, 2006, by who personally appeared before me Dd, is personally known to me (), or has nroduced as identification, and who did take an oath. Notary P4blic ' Name: �j KAD0 715 My Commission Expires: juLt Mr COMMISSION 144328444 t:XPMS:,Wy 18, 2O8 R.W it.0 retry N k UWWWW- # 49769 i 'CFN 2006043949 Book/Page 560413517 EXHIBIT "A" ,LEGAL DESCRIPTION: (AMMBASSADOR SERVICES, INC.) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 ;.EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING 'MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH, RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 0018707, 4-10-84); THENCE S 00-47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT -OF -BEGINNING; THENCE CONTINUE S 0047'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 89"52'44" W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.03 FEET: THENCE N 00" 47'35" W. A DISTANCE OF 451.30 FEET; THENCE N 89"52'44" W, A DISTANCE OF 218.20 FEET; THENCE N 23"08'26" E, A DISTANCE OF 532.32 FEET; THENCE N 00-00'00" E, A DISTANCE OF 445.25 FEET TO THE SOUTH PROPERTY LINE OF THE CANAVERAL PORT AUTHORITY; THENCE S 89"55'48" E, ALONG SAID SOUTH LINE A DISTANCE OF 221.08 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8.393 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD.