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HomeMy WebLinkAboutMinutes 06-22-2009 City of Cape Canaveral Board of Adjustment Meeting Minutes June 22, 2009 A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 22, 2009 at the City Annex, 111 Polk Avenue, Cape Canaveral, Florida. John Bond, Chairperson, called the meeting to order at 7:00 P.M. The Secretary called the roll. MEMBERS PRESENT: John Bond Chairperson Paula Collins Vice Chairperson Dennis Jenkins George Sweetman Linda Brown Douglas Raymond 1st Alternate OTHERS PRESENT: Bea McNeely Ex- Officio Member Susan Chapman Secretary Deborah Nutcher Acting Assistant City Attorney Barry Brown Planning & Development Director All persons giving testimony were sworn in by Deborah Nutcher, Acting Assistant City Attorney. NEW BUSINESS 1. Motion to Approve the Meeting Minutes of March 16, 2009. Motion by Paula Collins, seconded by Dennis Jenkins, to approve the meeting minutes of March 16, 2009. Vote on the motion carried unanimously. 2. Motion Re: Special Exception Request No. 09 -01 to Allow On- Premise Consumption of Alcoholic Beverages in the C -1 Zoning District, (6395 N. Atlantic Avenue), Section 26, Township 24 South, Range 37 East, Parcel 253.1 - John Porter for John Porter Banana River LP, Petitioner. Chairperson Bond read the agenda item into the record. Barry Brown, Planning & Development Director, advised that the Board of Adjustment is to evaluate requests that come before them, per the code, Section 110 -39 (C)(1 -7), which has specific impacts and issues to be addressed. He believed it was all right to express personal opinion about certain things, however when a motion is made to approve or deny a request, that they follow the established criteria as established in the code. %or Board of Adjustment Meeting Minutes June 22, 2009 Page 2 Barry Brown, Planning Director, reported that the request was for a Special Exception to allow for the on- premise consumption of alcoholic beverages, as per Section 110- 171(a); the applicant was John Porter; the property owner was John Porter Banana River LP; the subject property was the former Azteca Restaurant property, located at 6395 North Atlantic Avenue; the subject property was located on the west side of A1A, just north of Funntasia Golf and Games; more generally, between Holman Avenue to the South and Cape Shores Drive to the North; the Future Land Use and Zoning designation is C -1 commercial; the surrounding zoning included: C -1 commercial to the North, Commercial in unincorporated Brevard County to the East; C -1 commercial to the South; and R -3 residential to the West; the surrounding uses were: residential to the North, Lido Cabaret and Sky King Fireworks to the East, Funntasia Golf and Games to the South, and undeveloped property and along the river were residential homes to the West. Mr. Brown explained that the applicant owned the restaurant property and surrounding properties to the north, south and west; the applicant was currently renovating the former Azteca restaurant building; this would be the new location for Boston Beef and Seafood which was moving from its current location further north on Al A; the property formerly had a special exception for the consumption of alcoholic beverages, but it expired 18 months after the Azteca restaurant ceased operations. Mr. Brown advised that the City code called for a restaurant to have a minimum 2,000 ft. distance separation from another establishment serving alcoholic beverages; plans for the new restaurant called for 200 seats; the operator of Boston Beef and Seafood intended to continue his fare of beef and fried seafood in the front portion of the new building; the rear of the building would be a traditional full service, sit down restaurant that would have expanded offerings; it would include: broiled and baked seafood, with Greek specialties, as well as, baked breads and pies. Mr. Brown gave his staff analysis of the special exception request, as follows: • The establishment was not within 300 ft of any existing church, school, or playground. • The establishment was not within 300 ft. of the mean high water line of the Atlantic Ocean or the Banana River. • The use was compatible, as it was located on A1A, in established commercial areas; and it was buffered from residential uses by distance, natural vegetation, and other uses. Board of Adjustment Meeting Minutes June 22, 2009 Page 3 • The scale and intensity of the special exception will be compatible and harmonious with adjacent land uses; this was an appropriate location for a restaurant for decades and continues to be; the building was appropriately sized and the intensity of use was in keeping with other C -1 uses along A1A. • The traffic generated volume and type, will not adversely impact land use activities in the immediate vicinity. This use is appropriately located and buffered from residential uses. • Noise in the area is generated by traffic on A1A. Lighting would meet Code so not to spillover to adjoining property, No vibration is involved as the site is already developed and there will be no need for compaction. Odor could emanate from the dumpster, but this would be addressed through code enforcement, if necessary. The site is already developed and no additional stormwater runoff would be generated. • The residential area to the West and along the Banana River is buffered by natural landscaping on the adjoining property, also owned by the applicant. • The size, shape, access, and internal circulation are adequate to accommodate the proposed scale and intensity of a restaurant. • Signs have not yet been permitted, but will meet City code. The lighting must meet City code and will not be allowed to spillover to adjoining properties. • The proposed hours of operation are 8 a.m. to 2 a.m., according to State liquor laws. • There are adequate off - street parking and loading areas. The site is only two spaces short to be in compliance with city code. If the restaurant seating increases, per city code, additional parking can be provided off -site within 500 ft. The applicant owns all adjoining properties, so additional parking can be accommodated. • There is adequate ingress and egress. There are two driveways with direct access from A1A. The drive isle circles the building for good emergency access. Also, the property is connected through the Funntasia golf and Game property to the signaled intersection on Holman and A1A. • The use will generate customer traffic and delivery trucks. • There are adequate on -site loading and unloading areas. • There is existing development that is adequately served by public services. • The proposed special exception would not create any unusual demand for police, fire, or emergency services. • The proposed use will not have an adverse impact on public services, including: water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. Board of Adjustment Meeting Minutes June 22, 2009 Page 4 • There will be adequate refuse facility for the use and the dumpster will be properly located and screened as required by city code. • The property is already developed and will not have any adverse impact on the natural environment, including: air, water, noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards. • The proposed use will have no adverse impact on historic, scenic, and cultural resources. In fact, the proposed use will be the resurrection of a restaurant that was a part of the City since the 1960s. • The proposed use will not have an adverse impact on the local economy. Boston Beef and Seafood's move to this location would allow it to expand and hire additional employees. Putting the building back into use would increase the property value and therefore, local government revenues. The rehabilitation of the property would also beautify the area and may increase value of surrounding properties. • The proposed use is consistent with the intent of the Comprehensive Plan and the C -1 commercial land use and zoning district. • The property is already developed, and, therefore, grandfathered for most of the requirements of the zoning district, including: lot requirements, building setbacks, lot coverage, height, buffers, off - site parking, and storage. Signs and landscaping would be addressed during later permitting phases. The Board members pointed -out a few scrivener errors on Mr. Brown's staff analysis, which were corrected, before entering the document into the record. Mr. Brown advised that when staff originally looked at the request, they reviewed it for more that just alcohol. Staff looked at other proposed uses on this property and adjoining properties, owned by the Petitioner. He explained that the original application was written to include these other property uses. After deliberation, it was decided to just go forward and obtain the reinstatement of the alcohol for the restaurant. The applicant was to revise his application, which he thought he had, but in saving the document the previous application was saved, without the changes. That was why the old application was submitted to the Planning & Zoning Board, which caused confusion. Mr. Brown assured that the application was specifically rewritten to address only the special exception for alcohol at the restaurant. He also explained that the submitted site plan did not meet the requirement of the code when it was presented to the Planning & Zoning Board. Subsequently, the Board requested that the site plan be amended to meet the requirements of the code. Mr. Brown verified that all of the Planning & Zoning Board's concerns were satisfied. Board of Adjustment Meeting Minutes June 22, 2009 Page 5 John Porter, Petitioner, testified that his family owned the land since the 1950s; the restaurant was built in the early 1960s; in the 1970s a large addition was built onto the existing structure. Over the past six or seven years, they tried to develop the property different ways, and for one reason or another, the developments never came to be. They still own the property and needed to make a cash flow. Mr. Porter advised that he loved the City and believed A1A should be a show place, and admittedly his property had not been a benefit. When the last contract to develop the property didn't go through, they looked at what could be accomplished. They cleaned out the old buildings and stripped down the restaurant to its bare bones. He advised that the building structure was solid and in good shape and with the city's cooperation he believed the property could be a benefit again, adding value and beauty back to the city; and by granting the special exception it would help them turn the property around. Mr. Porter stated for the record that notices were sent by the city to all properties within a 500 ft. radius, advising the property owners of this request. Chairperson Bond asked the audience if anyone wished to speak. There being none, he asked the Board members for comments. Linda Brown advised that she was glad to see that the property was now being taken care of. She was concerned with traffic trying to get in and out. She understood that Boston Beef and Seafood was going to lease the building and asked if anyone knew what was planned for their existing location. Mr. Porter responded that he did not own that property and did not know. George Sweetman commented that he had nothing except good things to say about it and that they were on the right track. Dennis Jenkins concurred with Mr. Sweetman and added he was glad to see that building being renovated and looking better. Paula Collins wished Mr. Porter good luck and hoped everything went well for him. Douglas Raymond wished him good luck and hoped it was successful. John Bond advised that he walked the property and saw the condition of the building. He was aware that Mr. Porter had a lot of work to do, including the roof structure. Mr. Bond advised that this special exception request was not a difficult decision for him, because the property was formerly used as a restaurant with a full bar, so he had no problem with the request. Brief discussion was held regarding the city's new sign code. Mr. Bond stated that when he makes the motion, he would add a condition that the sign meet the new sign code. Deborah Nutcher, Acting City Attorney, advised that the ordinance had only passed first reading, therefore was not enacted. Mr. Porter advised that his intention was to comply with the new sign code. Joyce Hamilton, citizen, commented that this was going to be a very good addition to the city to see the property back in business again. Board of Adjustment Meeting Minutes June 22, 2009 Page 6 Attorney Nutcher directed the Board members to a checklist that was prepared by Assistant City Attorney, Kate Latorre that the Board should use when making a motion. Attorney Nutcher gave the Board suggestions on how to word the motion. Discussion followed. John Bond made a motion to approve Special Exception Request No. 09 -01 to allow on- premise consumption of alcoholic beverages in the C -1 zoning district, at 6395 N. Atlantic Avenue, following staffs recommendation, with no added conditions or safeguards, based on the following reasons: • The applicant's special exception request was authorized by the City Code. • The request is consistent with the City of Cape Canaveral's Comprehensive Plan. • The applicant has demonstrated that the special exception with its proposed scale and intensity, traffic 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. • The applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the special exception requested. • The request will not have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. • The proposed special exception will not have an adverse impact on the natural environment, including: air, water, noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. • The proposed special exception will not have an adverse impact on historic, scenic, and cultural resources, including views and vista, and loss or degradation of cultural and historic resources. • The request will not have an adverse impact on public services, including: water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. • The request will not have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. • The request complies with applicable requirements of federal, state, local law, City Charter, and City Codes. Board of Adjustment Meeting Minutes June 22, 2009 Page 7 Dennis Jenkins seconded the motion. Vote on the motion carried unanimously. OPEN DISCUSSION Barry Brown, Planning Director, gave a visioning workshop updates. There being no further business the meeting was adjourned at 7:52 p.m. Approved this r day of , 2009. Jo n Bond, Chairperson Susan L. Chapman, ecretary