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HomeMy WebLinkAboutMinutes 04-14-2003City of Cape Canaveral Board of Adjustment Meeting Minutes April 14, 2003 A Meeting of the City of Cape Canaveral Board of Adjustment was held on April 14, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT Marilyn Rigerman Earl McMillin Robert Laws Ronnie Farmer Paula Collins Chairperson Vice Chairperson 1 st Alternate MEMBERS ABSENT: Connie McKone OTHERS PRESENT Bea McNeely Leo Nicholas Jeffrey Buak Tom Myers Susan Chapman Ex- Officio Member Planning & Zoning Board Member Assistant City Attorney Assistant City Planner Board Secretary All persons giving testimony were sworn in by Assistant City Attorney, Jeffrey Buak. NEW BUSINESS Motion to Approve the Meeting Minutes of March 24, 2003 Motion by Mr. Laws, seconded by Mr. Farmer to approve the meeting minutes of March 24, 2003, as corrected. Vote on the motion carried unanimously. 2. Special Exception Request No. 03 -01 to Allow Residential Use in the C -1 Zoning District, Township 24 South Range 37 East Section 14 Parcel A.1, Teutons Subdivision, (131 Oak Lane) - Donald F. Haynes Petitioner. Assistant City Planner, Tom Myers testified that the property was zoned C -1; the request was to construct 21 townhomes; there exists residential uses adjacent to this property to the north, south and east; the property is approximately 775 ft. from N. Atlantic Avenue where there are some commercial uses a restaurant and Circle K; the west side of the property is industrial zoned and utilized; the Canaveral River separates the property to the west; the proposed development could generate 11 additional peak hour traffic trips on N. Atlantic Avenue, which currently operates at Level of Service "D "; this project would not create a traffic deficiency; and there are no wetlands on the site. Board of Adjustment Meeting Minutes April 14, 2003 Page 2 Donald Haynes, Petitioner verified that the property was zoned commercial. He was planning to construct 21 units; the road would remain private; the townhomes would be a Key West style with tin roofs; the property was approximately 3 acres and located between LaCantina Restaurant and Circle K. He advised that he may need to remove one of the units to accommodate the turning radius around the cold -e -sac as required by the fire department. Mr. Haynes noted that he hoped that the City would install a bike path along Canaveral Creek to the Port. Mr. Haynes agreed to install adequate buffering along the property that abuts the M -1 zoning district. Discussion followed regarding the traffic Level of Service Standard on N. Atlantic Avenue. Mr. McMillin voiced his concern regarding the existing traffic congestion on N. Atlantic Avenue and questioned if the fire department was affected by all the new construction projects. He advised that the cruise terminals would be adding additional traffic impact. Motion by Mr. Laws, seconded by Mr. Farmer to approve Special Exception Request No. 03 -01 with the condition that the maximum allowable units shall be limited to 21 units. Chairperson Rigerman moved to amend the main motion to include that adequate buffering be installed along the property that abuts the M -1 zoning district. Motion was seconded by Mr. Laws. Vote on the amendment carried unanimously. Vote on the main motion, as amended carried unanimously. DISCUSSION: Assistant City Attorney Buak explained that the City may consider amending the code to clear -up majority votes for affirmative action. He would report back to the Board at the next meeting. There being no further business, the meeting was adjourned at 8:50 p.m. Approved this ZL d y of ' 2003. Marilyn Riger an,` hairperson Susan Chapman, Board °Secretary c..-•• a. -Rcock_ ce-i06-__ 40`,,* iA ii • a P City of Cape Canaveral,, ,, 7 -4.. - 'ik Vi ei \\ki.A BOARD OF ADJUSTMENT MEETING AGENDA40.001t.) 111 POLK AVENUE APRIL 14, 2003 �/ 7:30 P.M. D 05\�..v04/ ")s .%(\ ,, `/ Call to Order �( Roll Call \/ I' ; V� . 0 . i� NEW BUSINESS: ( 01- ‘�' V 6" V dr 0go 0: 1. Motion to Approve the Meeting Minutes of March 24, 2003. 1 %s 2. ` pecial Exception Request No. 03-01 to Allow Residential Use in the C-1 Zoning ,^ ' ,,. District, Township 24 South, Range 37 East, Sectionl4, Parcel Al,. Tutons Vi Subdivision; (131 Oa Lane) - Donald F. Haynes, Petitioner. ' fr•t/1,1\ 't‘P )P A 1 kVC, ' f 6)i'9./ y\,/\/i/ti‘l'\ ‘tt Ok.\\\ t it, ,\‘ A a \4.0 '$' Tri\N - ' tb'' • ,) A. 1k.0$ to.)0A, to 0400w41 Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-Judicial Board members who may or may not participate in Board discussions held at this public meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wvw.myflorida.com/cape • email:ccapecanaveral@cfl.rccom City of Cape Canaveral Board of Adjustment Meeting Minutes March 24, 2003 A Meeting of the City of Cape Canaveral Board of Adjustment was held on March 24, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Rigerman called the meeting to order at 7:30 P.M. The Board Secretary called the roll. MEMBERS PRESENT: Marilyn Rigerrnan Chairperson Earl McMillin Vice Chairperson Robert Laws Ronnie Farmer Connie McKone MEMBERS ABSENT: Paula Collins 1st Alternate (Excused) OTHERS PRESENT: Bea McNeely Ex-Officio Member Leo Nicholas Planning & Zoning Board Member Jeffrey Buak Assistant City Attorney Tom Myers Assistant City Planner Susan Chapman Board Secretary All persons giving testimony were sworn in by Jeffrey Buak, Assistant City Attorney. NEW BUSINESS 1. Motion to Approve tte Meeting Minutes of February 24. 2003. Motion by Mr. McMillin, seccnded by Mr. Laws to approve the meeting minutes of February 24. 2003, as corrected. Vote on the motion carried unanimously. 2. Special Exception Recuest No. 02-10 to Allow a Restaurant to Serve Beer in the C-1 Zoning District (Canaveral Plaza. 8147 Canaveral Blvd.) - John McLaughlin, Petitioner. (Postponed for Additional Information at Previous Meetina). The Board members reviewed the submitted site plan depicting the existing businesses. Discussion followed regarding the venous types of businesses and hours of operation. Ms. McKone voiced her concern that parking for the existing businesses should take priority of a new proposed business that would impact the existing parking concern; and that granting this request would set a precedence for other similar requests in the future. Mr. Farmer pointed-out that the only issue was that there is not enough parking for this business. Assistant City Attorney, Jeffrey Buak, advised that the Board should look at the site and existing conditions. He pointed out that Section 110-492 of the City code allowed for off-site parking, and explained that it was up to the applicant to find parking off-site if its available. Board of Adjustment Meeting Minutes March 24, 2003 Page 2 Mr. McLaughlin, Petitioner, submitted photographs that he had taken during his proposed hours of operation of the site. (Exhibit A). He advised that his businesses would be located between Canaveral Meats and DiLorenzo's. He clarified that the primary business was going to be a coffee shop with 25 seats. He would also sell collectible outdated beer, along with beer for on-premise consumption. His hours of operation would be 9 a.m. - 5 p.m., Monday-Friday. He noted that he was presently running his business from his garage at his home on Ridgewood Avenue. Mr. McLaughlin clarified that the State required that he have a license to re-sell the beer. Chairperson Rigerman pointed-out that the restaurant license required that 51% of sales be from food and not alcoholic beverages. Bea McNeely, Ex-Officio member advised that the Planning & Zoning Board recommended an Ordinance be adopted to require new businesses serving beer and/or wine to sign an affidavit that the agree and will verify the sales of food will be at least 51% of total sales. Mr. McLaughlin noted that the collectible beer prices would sell between $1.00 and $1,500. Mr. McLaughlin advised that the city code required 25 seats for a restaurant serving beer, and he has complied with all code requirements except for parking. He noted that the property owner gave him a letter stating that there was ample parking for this business. Discussion followed regarding existing parking. Ms. McKone noted that the photographs entered as an Exhibit were photos taken after 5 p.m. The District Commander of American Legion, Post 348, voiced his objections to this new business. He was concerned with parking spaces and the business serving on-premise consumption which would take away business from the Post. Mr. Laws pointed-out that the American Legion was a private club, not open to the public, and therefore, this proposed business should not have any effect on them. Mr. Farmer advised that he has never seen a parking problem. Chairperson Rigerman clarified the parking requirements per the City code. Mr. McMillin questioned that if the existing uses were not drawing a parking problem, then why should this applicant be penalized. Mr. Myers advised that if a parking problem is determined, then this request may create a negative impact to surrounding uses. The Board member reviewed the criteria worksheet. Motion by Mr. McMillin, seconded by Mr. Laws to approve the Special Exception. Motion by Chairperson Rigerman, seconded by Mr. McMillin to amend the motion to limit the business hours to 9 a.m.-5 p.m., Monday-Friday. Brief discussion followed. Assistant City Attorney Buak clarified that a majority vote of four members in favor of the request would need to be made for the request to be granted. Vote on the motion and amendment failed. Vote was as follows: Mr. Farmer, for; Mr. Laws, for; Ms. McKone, against; Mr. McMillin, for, Mrs. Rigerman, against. Discussion followed. Motion by Ms. McKone, seconded by Mrs. Rigerman to deny the Special Exception due to the fact the applicant did not demonstrate that the parking requirements per City code had been met with this request. Motion failed. Vote was a follows: Mr. Farmer, against; Mr. Laws, against; Ms. McKone, for; Mr. McMillin, against; Mrs. Rigerman, for. Discussion followed. Board of Adjustment Meeting Minutes March 24, 2003 Page 3 Following discussion, Chairperson Rigerman advised the applicant that he needed to determine whether or not parking met the requirements of the code. He would need to hire a professional to perform a parking count and request a rehearing before this Board, if he wished to pursue his request for Special Exception any further. Mr. McLaughlin asked for clarification. Assistant City Attorney Buak clarified for the applicant that he would need to have a detailed parking study performed, based on the number and types of existing businesses to determine if there is a parking problem. 3. Special Exception Request No. 02-15 to Allow Residential Use in the C-1 Zoning District, Parcel 266. Section 23. Township 24 South, Range 37 East - Dan Green. Property Management. Inc.. Petitioner. Mr. Dan Green, Petitioner, presented his request to the Board. He testified that the request was to construct 16 townhouse units on 1.89 acres. Up scaled townhomes with two-car garages, three bedrooms, and three bathrooms. He did not believe that this request would create any negative impact. The Board viewed photographs of other properties he developed. This project was located just South of the Wachovia Bank and Northern of a trailer park. He advised that the properties to the North and West were zoned multi-family. Each unit would have curb-side can service for rubbish pick-up. Mr. Myers advised that the city will look at the whole site during the site plan review process, as one parcel, to verify the project meets all the requirements. Ms. Dorman, resident of the Ocean Oaks Condominiums advised that this project has a direct impact on her because her unit was located between 10-12 ft. from the proposed road. Mr. Green depicted her property on the site plan and verified that her property was 20 ft. 2 in. from the property line. He advised that he wanted to install a 2 ft. landscaping buffer and/or fencing buffering the two properties. Brief discussion followed. Motion by Mr. McMillin, seconded by Ms. McKone to approve Special Exception Request No. 02-15 with the following conditions: 1. The density shall be the same as presented by the Petitioner with 16 townhouse units; and 2. Provide a landscape buffer that is consistent with the code as if this property was abutting commercial. Vote on the motion carried unanimously. Board of Adjustment Meeting Minutes March 24, 2003 Page 4 4. Special Exception Request No. 02-16 to Allow Residential Use in the C-1 Zoning District, Parcel 510, Section 14, Township 24 South, Range 37 East- John Allen, Allen Engineering, Petitioner. Mr. John Allen, Petitioner, testified that this was a Special Exception request to construct (40) 2-story condominiums on 5.57 acres; two entrances were proposed, one on N. Atlantic Avenue, the other on Canaveral Beach Blvd.; the property was adjacent to condominiums on the East and North of this property; the units would consist of 4 bedrooms, 3 bathrooms, with a 2-car garage, and curbside can service for trash pick-up. Mr. Allen advised that a traffic study would be submitted during the site plan process. Discussion followed regarding traffic concerns on N. Atlantic Avenue. Mr. McMillin voiced his concern that there is no left turning. Mr. Allen responded that the main access for this project is on Canaveral Beach Blvd.; and the property would be hooked- up to the city sewer system, not a pump station. Mr. Henry Cross, resident of Canaveral Breakers Annex, advised that the property had been tilled with old shells. Mr. Allen advised that a soils test would determine if any earth needed to be removed prior to developing the property. He also voiced his concern regarding traffic cutting through his property. He requested a buffer area be installed between the two properties. Mr. Allen responded that three parking spaces would be provided for each unit, four extra spaces would be provided by the recreation building to accommodate any overflow parking; and a wall will be installed on the along the north, east and south property boundaries; and the roadway access points will be landscaped. Mr. Clifford Whitney, resident of Canaveral Breakers Annex, voiced his concern regarding stormwater runoff. Mr. Allen verified that some of Canaveral Breakers Annex rainwater was running onto this property and he was making provisions to accommodate their water. Assistant City Attorney Buak advised that the Board needed to determine if the information provided is competant substantial evidence, and this request would need to have four affirmative votes in favor of this request to be granted. Motion by Mr. McMillin, seconded by Mr. Farmer to grant Special Exception Request No. 02-16. Motion to Amend by Chairperson Rigerman, seconded by Ms. McKone to approve this request with the following condition: A wall and landscaping shall be provided around the perimeter boundaries, as per the testimony of the Petitioner. Vote on the motion and amendment carried unanimously. Board of Adjustment Meeting Minutes March 24, 2003 Page 5 There being no further business, the meeting was adjourned at 9:28 p.m. Approved this day of , 2003. Marilyn Rigerman, Chairperson Susan Chapman, Board Secretary �aaaava.a.0 . Building Department • ease Print Legibly or Type) d0\_as 0.8C0C) • DATE FILED a i it/03 FEE PAID a 50.00 DEPOSIT it 300.o0 RECIPD BY: 5& ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST (Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted) (attached separate sheet if necessary) �OnS h'uc� -}--ownhnmes 1-n 4-he C-I 70ntncl dts1-sic+ on 2,q9 0.cres Address of request ( 31 C k 4: l...n; • Legal Description: Lot Block Parcel Al Subdv. Tt/-n5 Section i Township ;LIS Range 3'1� STATEMENT OF FACT: State of Florida. County of Brevard; I. )c 0.41.; Heoh 1 S . being duly sworn, depose and say that: I am the property owner. I Lm the owner(s) designated agent. (notarized authorization required) Owner(s) Narr_e(s): -Ct; 2 .a ,in-_ SA m r c Se,� /- Address: I(C0 ..1.Lcciland ri-ve Ay-F. E-112 FtcCkledQrr; FL 32955 Home Phone .1-b353 Work Phone E-Mail Applicant(s) Names(s): t.4 Address: S n (=cc..) f;•• C 1 Jr, is 4 ..ecbc, teucn 277,31 Home Phone-p3- 1( 91 Work Phoneffc j--)&`/ E-Mail All information, sketches and data contained and made part of this request, are honest and true to-the best of my knowledge and belief. 1 • &(/ ct_j_ Signature of Applicant / Sworn to d subscribed before me on this ?' day of Fetrc t>iry , 20 03 I Susan L. Chapman •- iCommission#CC 998698 :c_ B44 .~ ' Explrea Nfnrch 23,2005 Notary Publie,"8"-tate of Floridao T� 1.,,f,',,,, Amts Bonding Co.,Inc. The completed request form and the Sc5o filing fee must be died as follows: Requests for Variances and Special Exceptions(Except Telecommunication Towers),14 days prior to the Planning&Zoning Board Meeting;request for rezoning,3o days prior to the Planning& Zoning Board meeting;Request for Telecommunications Towers,sky,days prior to the Planning&Zoning Board meeting. The Board of Adjustment meeting will be set after:he request is heard by the Planning&Zoning Board.(A deposit may be required per Section 110-92) FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on : �'9-03 Notice to applicant by Certified Mail No. ZCq :31 QrC'.�f 3 311 on --9 -03 Notice posted on Bulleting Board on 4-g -O� Notice posted on subject property on N,A. Property owners within 500 ft.radius notified on -4-di-03 Com,_ 14- 7( 7 City of Cape Canaveral APPLICATION FOR SPECIAL EXCEPTION This application must be legibly completed and returned,with all enclosures referred to therein, to the Building Department, at least fourteen (14) days (sixty(6o) days for Telecommunications Towers) prior to the scheduled meeting in order to be processed for consideration by the Planning&Zoning Board for study and recommendation to the Board of Adjustment. you or your representative are required to attend the meetings and will be notified by certified mail of the date and time of the meetings. The Planning &Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex at iii Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. DATE: Deb, 111 ZCO3 1. NAME OF APPLICANT(S)—Donald Raynes ADDRESS 5.; Couxrtry CIub iRcl Cocoa. bkack PL PHONE = :?1,7F/-%5(> E-MAIL N.A . 2. CO`IPLE—E LEGAL DESCRIPTION OF PROPERTY: II LOT: A , BLOCK: SLBDIVZSION:_Tubr culoadivtsicn PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: a .9 q SECTION: 14 TOWNSHIP 215 RANGE 3'7E DESCRIPTION: 3. ORDLNA_NCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT (EXAMPLE, ARTICLE X. SECTION _) .I. COMPLETE THE ATTACHED WORKSHEET LN FULL. (LNCONIPLETE APPLICATIONS MAY LN RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION OF PROPERTY INCLUDED LN REQUEST. (EXAMPLE C-i, R-i, R-2, M-i ETC.) C Z6. PROVIDE NINE (9) COPIES OF SITE PLAIN OR APPROPRIATE DRAWING 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. c5 (b)Adequate off-street parking and loading areas are provided without creating undue noise, glare, odor or detrimental effects upon adjoining properties. 3 (c)Adequate and properly located utilities are available or may be reasonably provided to serve the proposed development. yes (d)Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. \les (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)Landscaping. (i) Renewal and/or termination dates relating to a lease, if applicable. (j) 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 REASON FOR REQUEST: + r SS��9�° TaM ; / reeS,I Kce 1 O- ( 2•o^/.1C 4AGI (, [�( d;r/ TG ' Z THE FOLLOWLN G ENCLOSURES ARE NEEDED TO COMPLETE THIS APPLICATION: `Paid receipt from Finance Department for S250.00 Application Fee. 3C0. c- e. cr * 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. (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: - Property map showing properties within the 500 ft. radius and clearly outlining the subject property. ✓z The Location map showing adjacent properties uses, zoning, streets, driveways, canals and utilities. 4 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. S. Copy of recorded deed to subject property. 9. Completed worksheet. * 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. 5 L lY OF CAPE CANAVERAL SPECIAL EXCEPTION WORKSHEET The purpose of this worksheet are two-fold: (i)to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant can not satisfactorily address one or more of the following,this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing. CRITERIA (a) The Special Exception is consistent with the goals, objectives and policies of the Comprehensive Plan, e.g.; "the proposed use is compatible with adjacent land uses of the Comprehensive Plan. (Chapter ;- Future Land Use Element). State goals, objectives and policies of the Comprehensive Plan that are relevant to this application: The re?ues4ed SfeCial •exczcif70.4 is Con5.)54enf cur4i '-c rpre. ;�,,ice?lkn . TAkn C air 9 0.1Icw5 Feirn•ay, prcUicled a. specta,l ex62471-,cn (b) The Special Exception is consistent with the intent of the zoning district within which the Special Exception is sought. State consistency with the intent of the zoning district: r i Nor='-1 andSc�rh, re5idcn`n:44.! ctIor Octj< Care, (c) The Special Exception does not create any adverse impact to adjacent property through the creation of noise, light, vibrations, traffic, utility requirements, or storm water runoff that would not have been created had the property been developed for a principal use in the applicable zoning district. State potential adverse impacts to adjoining properties: id:re (d) The Special Exception will not create any unusual police, fire or emergency services requirements. State any unusual circumstances, if applicable: (e) That the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as lot requirements, building setback requirements, lot coverage, height,buffers, off-street parking, signs, storage, landscaping, etc. Yes, all rev: renle,nl's will be rn.e4-. State if by granting the Special Exception all current zoning requirements will be met and describe each such requirement: (Attach additional sheet if necessary). 6 FROM :MONEY MAKER FAX NO. : Feb. 12 2002 01:07PM P1 ' A7rN: & car) (ç )C (23 Ca J% ?(4- -0 , AFFIDAVIT 1, Suzanne lamieson, do hereby authorize and consent to the buyer of 131 Oak Lane, Cape Canaveral, Florida property to apply for a special exception use permit. This permission to make such S ' 7 � application is given by me, the owner, on 12`1' day of February,'-� 2-- � 2003. / l !1 n 1�--/I �"� �• '% __... - ��? ["L 1,;liC�}{..., �• .�(/{i, ,VL,L.'C;[�.6-1, Date i Owner) // 1r STATE OF Flor:da COUNTY OF Brevard I HEREBY CERTIFY :`gat on this / ay of _i': ' 20 1 ppeared Suza e Jamieson, who is personally known : me nd ha prov' 'ed ntmcaticr.. J r � ;-.-1,1 ,-'' NOTARY PUB s,P ;,, Debra N. Dem a n, ,, :. %Ccmtsilim•DOi °` °` 2006 ' .� ,„„,. At' Eaa4h;Cb..me[>bi C ej M n .r1 1 LV IL JJ 411-11 VV'Lv 1 .1 1NL.U111 I1 ...L . 1.11 irV. vLl TVV V, .v I . VL.I Vv 02/12/2003 15:07 3214 015 FIDELITY AGENCY PAGE 02/05 • •� • • PERSONAL REI'RESENTATIYE'S DISTRIBUTIVE DEED • 1Testale) THIS INDENTURE is made this 2° day of August ,19 86 ,by and betwt.4i • SUZANNE F. JAMIESCN the duly qualified and acting personal representative of the Mete of RAYMOND ARTHUR JAMIESON, SR. idealised, Part of the rust part,and equal sharers to RAYMChD ARTHUR JAMIESON, JR., C. - JAMIE ON-CR • to LEWIS PHILIP JAMIESON And SUSAN • M S•`-" t `•, wit. ifs: 423 tate to SUZANNE F. JAMIESON. • u'liddusuprti_Fbfei!?)iiktle l sex ! 1 i ;,, i ,,,, (.'f.4 c �',,: ',r •,; .,I f r parties of the aeeoad part. • • • WITNESSETH: That WHEREAS,_.RAYMOND ARTHUR J NPS IrcpN, SR. —, 1 ' died testate a ret:dent of BRE'ARD County,Florida.on..__VSEM3ER . reined and posaesud of thereat property hereinafter described;and WHEREAS,title to said property passed to the part icy of the stand part a►of the date of ..J J,..J...i'. Jeath pursuant le tie p.ovicionr of the decerert'a last Will and Tunci), 5'1110 • ". was admitted to probate rod stud by the Circuit Court fix S`='r'RD County,Fln•!d* Probate • Division.;n C•ue No.J 1 531-CP-Aubject only to the right of the pelt of the first part to sell or'net r1,er the property for the purpose of defraying claims,crus,and eaperses of administration of cat t7o r decedent's a strte:and eo WHEREAS.the Darty of the fast pert wish es to dittr:bt:te ca.d property to the - • parties of the second pert =•af eridonce the release est the properly from said right to tell or r • taetrmon, NOW THEREFORE,in ce:•:idcretion of the foragoirg and in connection with the distribution of Ott ea:ate of said d.esdert,tat part of the first part has released LO the part ten of the • second ?art the rl;ht to sell or cr.curaber said property and granted.conveyed and conformed unto the I part in of the second part. "sir heirs and mains fore.er.all of the interest of said decedent its U, and to the mai property sitaatod In n '931-'_ —County.Florida,descr ibci es foilos: o The West four hundred forty (440) fent of Lot A, of TUtan't; Subdivision; except that North ono-hundred a-;cy—fi:•e 11451 fent en of Lot AI and a_so the West four ttur.dred forty (440) featrf Lot Et, excepting the said Lot El, the acuth two :2) chains, all in Tutee's Subdivision, according to tro plat of said nu:rdivio_on recofdet in Flat Deck 1, Pago 22, Public ftcoores of Oruvard County. Florida. • Thee Inattumint prepared by: OFF.REC. FACE aieftmao w. cense, ESOUCRE CIANPRoGNA, TLt,Ftin i RUDA, r.A. form lio.►a.ott 2955 1 542 Ice JULIA STRCST tae Pasties Aar I»4 P 0 DRAWCR 6313-C TITUSV1LLE, rt, 32702-6515 iLU 1C JJ WLU JJ C`t 1-.1 10L.111U 11lLL ll-alll—al ,7V, .'LL ZJJ VI i., , , vvi VV 02/12/2003 1 •07 3214 015 FIDELITY AGENCY PAGE 03/05 t TOO£TH£R with ai and datnhr the teaemenu,baaditamanta,And appurtenance&biionfdng tv it lei 1 . any way stspertalalat to that real property.subject to all restrictiees,reservation,and'ascents of record,If any,and ad telorem truces rot the cutest you. Beaus'thio deed la eves to 'Mines the dtatttbutten of suets of a decedent's eetatl and lmrlvea the Rssumptton of no mortgage,minimum auto documentary'tamps are affixed. • IN WITNESS WHEREOF,the underaitn.d,u personal representiUv• of the eat ate of said decedent,ha 5 executed this lns:twneat ander seal on the date eforeuid. Signed,sealed and delivered in the presel,ce of s • >1,.....24.4_,I.,4_,L.4.) 'i.t-i..1-...../7:2 4:0..e.C11."-/-1 4-44.--• jv:tc i'. .j, , -ES ON. "clit..4...4.41, 44., As yenonsl representative of the estate of • ��, ��) Rn:'S:tiO ARTHUR 7At4LE'Ov, SR deceased. i STATE OF FLORIDA I COUNTY OF— Bp e. a3g _.. Thereby certify that the foregoice instrument was aeknowitegcd before ms 1 0,,,'..q21.) day of > r '9ZE .by 1 _.:ANNE F. :Ar11$3C` i u personal reptaentative of thr CiAtt cf t 11/1'04CPD /V.'r...7 J:+1.1:_5_` S . ,._;Y,4,ee�aed. Notary P_ lie, State of,:/'fond,c,P 1- 5:?,)? My Co.Tani:ionExpires:, :`,•rp: j�,Fy�ifr7/ 14•Urf"V'Alit 4,0,662 ter C000kisiA'biAelirnrf s•' : OFF.ltEG. PACE 2959 1543 KA IUS MAY --r = , \ / / / Tj/ i / / C a r s VACaxt+(o a by ow eICA,T) 3>\ \Z---\ 1117 � jaAe -�razkr k,�ei irh4VCI% "-° K I I I A V Vaca*m_.= . ,_ _ i I , / 3` 1 i-T 1_, , y i� TILL 4LRM N � 1 � � f � I \ _\ / I Mil •ii„ .\s n 'i �0[r 4$/: v +�.` i �� , A a a 4 y PHI I ii-- \ p.L.:„.C�� F \ \- AO 5 ,i,,,,-.7r-j:. 1 _ 1 tl.= i \\\ / ,/,-7- . r, r1 __! L „..........>,. c---------/--- ...„„,t,. / ,4 4. . / 1 y\ t \ i I + 1 . I II t i E ON XV/\ '‘),'\< r Lis i ,.6\--111117-1, ! i Coady?repel Appraiser Ts Ford BUTTE'?DISTANCE;400 FEET AP?'XLNT NAYEESVADDS Paste ut data Ira ]e?repet7 Appnaeds Office MAP SIAL'•.5•.1000(one inch c SOO fat) ha /apes i LEGEND: 1 Country Cub 3d,Corza Mach, Ft '=1 -ke nap a Inn aced dopa ads lad dm sit miles IN luci=rat;flu Eris•CM*Pnpert,yparer doer ma YE Notification buffer e +lp la e^rs r cmmitsmar making bras. DUlY MAYE(S}/AD�F� rC P>ireel/lal bone ries WM.SRAM E P LIR ESTATE 42 BKAU( PAI:[IAN$CAPE CANAYOLA'_ Fl 3220-5CM Miami b7:Semi mil Property*ram OOher-Q3 Pebrwf Q 211O3 Numbers oa map correspond W=dingy list r*Nw+rom •.s+av • t - • . MEMORANDUM FIN TO: Todd Morley,CBO Building Official TO: Todd Peetz City Planner FROM: Ed Garduiski Public Works Director DATE: February 10,2003 RE: Special Excepdon Request No 03-01 Residential use in C-1 Zoning District. Parcel Al, 14-24-37 131 Oak Ln The Public Works Decartmem has reviewed the special exception request and cues not have any comments or conte ns. £d l.R;te:eo E2EC i-c?. 'E'_:8S3 : H Xt ld3 OQ'113 ') taN0 3c3J: : WOcJ Memorandum To: Todd Morley, Interim Building Official From: Todd Peetz, City Planner Date: March 3, 2003 Subject: Donald Haynes Special Exception 03-01, Residential in a C-1 Zoning Category. My only comment at this point is the subject property should provide a landscape buffer around the perimeter of the property, especially along the western boundary abutting M-1 zoning. At the time of a site plan a more in depth review will occur. If you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. . : -.. „ :$7� i," A 'E� 1"A i" SOL I ., E IRE EPAI ME ° , I `C. 4 3 •j_4 y�j�� ,xrt- "1: lti v \'. ,t • e-..; 4'. lid` ' .t Cw't'vs*19+^ zIgietJI) ,,,,, ,,t1:!- -4,1,: -.',.:.. zt,,,.�,,,,�; �,. ="•M kServsng e ctt} of.��ape G'anaveral&Canaveral Port�luthorrty � �..., .!;4.r�r v:P, , Y'°... ,. »eFt4:.:§ � N. "�r- r % .:.YliYk?:: ....� c�ry;i'� —:t 2 Nit \'� .ia a.R 2 ,wF; rc,,;, .44,:g.:%:,"• , MEMORANDUM To: Todd Morley. Acting Building Official From: John J. Cunningham. Asst. Fire Chie Date: 02-19-2003 v Re: Don Haynes ( Special Exception 01-03 ) I have reviewed the plans submitted and have the following comments. 1. The turnaround shall have a minimum centerline radius of 50 ft. FFPC- Ch 3-3-5.2 Sa:,rm=1 19 JACKSON AVENUE • CAPE CANAVERAL. FLORIDA 379!u • (321) 783-4777 • FAX: (321) 783-539S S :h11=? 8970 COLL.\IfIA ROAD • CAPE CANAVERAL. FLORIDA 33920 • (321) 783-4424 • FAX: (321) 753-4887 PLANNING & ZONI" i BOARD Request No 03-01 BOARD OF ADJUSTMENTS SPECIAL EXCEPTION CRITERIA WORKSHEET This worksheet is to assist the P & Z Board and Board of Adjustment in the evaluation of all criteria relevant to this request. If the applicant can not satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be rejected or that the application may not be acceptable for processing.. CRITERIA: (Building Official to Verify) 1. Does the Special Exception create any adverse impact to adjacent property through the creation of noise, light, vibrations, traffic, utility requirements, or storm water runoff that would not have been created had the property been developed for a principal use in the applicable zoning district? NO ?. Will the Special Exception create any unusual police, fire or emergency services? NO 3 Does 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.'? 5i-b. plan ea31 be. Congw -to rruee+ retturernents Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow & control, and emergency access in case of fire or medical emergency)? ales Is there adequate off-street parking and loading areas without creating undue noise, glare, odor or other detrimental effects upon adjoining properties?' S 5. Is there adequate and properly located utilities available or may be reasonably provided to serve the proposed development (if applicable)? yes 7. Is there adequate screening and/or buffering provided to protect and provide compatibility with adjoining properties? Yens Wf l l & - r44ieC reviewe)tfstk.Qlan 8. Are signs and exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, and disharmony with adjoining properties? N/,4 9. Is there adequate refuse and service areas? yes 10. Do the setbacks, landscaping, and open spaceTmeet the.requirements of the zoning_ district? The s ire Ow, can 62 Co n69 used -{a mad- zc r i nc re ifs 11. Is the proposed use 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? ye CRITERIA: (Board Members) 12. Is the Special Exception consistent with the goals, objectives and policies of the Comprehensive Plan? y es 13. Is the Special Exception consistent with the intent of the zoning district with which the Special Exception is sought? Yes 14. Has the petitioner met the minimum requirements for the requested Special Exception and demonstrated entitlement to the Special Exception which will not adversely affect the public interest? y 425 15 Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? -113v by a,ppro pnievie bcard5 16. Should the Special Exception be specifically granted to the petitioner or run concurrently with the property' Zf graok,dr�- S)ouic( run Coheurreot �ur�h -}i1)-- p ro e(-1--y. U vs.) ti 3UILDING OFFICIAL ENDORSEII.� -r •. Zoning Amendment 2. t Variance Contiguous Zoning/ Special Exception North South11East West 4. Administrative Appeal C I C-t CA I ,k ONSIDERATIONS '12TB ACKS: MEETS CODE CODE VIOLATION (Explanation) :OVERAGE: � MEETS CODE CODE VIOLATION (Explanation) _OT SIZE: % I\ SETS CODE CODE VIOLATION (Explanation) ENSITY: X MEETS CODE . CODE VIOLATION (Explanation) rIGIiT: -K MEETS CODE'- CODE VIOLATION (Explanation) -10 DITION L REFERENCES E.TECT CODE SECT. APPLICABLE 3., '_R.I\DG , C LOADL1GZONE ; .0 -ZZ�- 1C .SETB A CKS (ALA_Ride vood/As J onaut) =-'1-`-DSC API G i,• •)‹ �. TON—CON"FOR�IITIFS ic; - S TRL'CTURES i Z2 L X SLS 1Q'—»y X NOTE: The Planning &Zoning Board should also review Section 110-4 (1o) CONMENTS: c4' � - � ►v ) 5156, Date Reviewed by Bi ildin . Signature: r 7 City of Cape Canaveral Special Exception 01-03 Applicant: Don Haynes Location: Range: 37 Township: 24 Section: 14 Parcel: A.1 Acreage: 3 + or - acres Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant wishes to utilize the property for residential use. The applicant provided a conceptual plan showing 21 units. The maximum number of dwelling units that could be permitted would be approximately 45 units. The subject property itself has an existing house on site and the remaining property has been utilized (disturbed) in the past. I North I South I East I West Zoning I Cl Commercial Cl Commercial I Cl Commercial I MI Industrial Comp Plan I CI Commercial I Cl Commercial I CI Commercial I MI Industrial I Existing Conditions 1 ResidentiaUvacant I Residential I ResidentiaUCommercial I Industrial Even though the subject property is in a commercial designation there are existing residential uses adjacent to the property north, south and east. The subject property is approximately 775 feet from North Atlantic Boulevard where there are some commercial uses a restaurant and Circle K. On the west side of the property is industrial zoned and utilized. The Canaveral River (canal) separates the property to the west. Public Services and Facilities in Amendment Area: It is difficult to prepare a impact on services at this time due to the fact the applicant could ask for more or less units than shown at the site plan stage of review. However. the Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape CanaveraL This equates to a population of approximately 12,000 residents. The City's population as of April. 2002 was 9,161. North Atlantic Boulevard is operating at Level of Service "D" with 612 peak hour trips between George King and Central Boulevard. The maximum peak-hour volume acceptable is 810 representing a LOS of"E". The proposed change with the maximum potential development could generate 11 additional peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.35 MGD with an excess capacity of .45 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County-provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel has single-family home on site. There are no wetlands, or aquifer recharge soils or cor.Jitions associated with the subject parcel. The Brevard County Soil Survey Map has categorized the subject parcel as "Ca" - Canaveral Complex, gently undulating and a small amount of "Pk" Parkwood, moderately fine subsoil variant, which can hold water 7 days or longer. The parcels are 3 = or - acres and there are no known endangered species identified on site or in the area adjacent to the subject parcel. Historicai and Archaeological Resources in Amendment Area: There are no known historic or archaeological sites located on site or in the area surrounding the subject parcel. Population Projections and Trends: The proposed special exception potentially can add a maximum of 45 additional dwelling units. This could equate to approximately 113 persons but should not have an adverse impact on population projections. 4• 'uV4 d City of Cape Canaveral LA • - -;I C/03 NOTICE OF PUBLIC HEARING To the Adjacent Property Owners: Notice is hereby given by the City of Cape Canaveral, that the Suzanne Jamieson Life Estate, through its designated agent, Donald Haynes, 52 Country Club Lane, Cocoa Beach, FL 32931, has requested a Special Exception to Allow Residential Use in a Commercial Zoning District pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334 (10) for the property described as follows: Tax Parcel: Township 24S, Range 37E, Section 14, Parcel A.1, Lot, Subdivision Tutons. (131 Oak Lane, Brevard County Florida) In accordance with City Code of Ordinances, No. 18-2002, this letter serves notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. Themeeting will be held on Cape Canaveral,arcL ch 26, 2003, at 7:30 P.M. in the City Hail Annex 111 Polk Avenue, The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape Canaveral Board of Adjustments with respect to the above-named property. The final administrative approval or denial will be before the 8��tAdjustment thint�t of subsequently scheduled meeting. Since your property may this property you are cordially invited to attend this meeting and provide comment on the proposed requested land use change. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record which record includes the testimony and evidence upon which of the proceedings is made, the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise � by law. Pet rsons with nce, nor does it authorize challenges or appeals i s should contact disabilities needing assistance to participate in any of these proceeding the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stilts, CMC 4 City Cleric 105 Polk Avenue • Posz Office Brno 326 • Cape Canaveral. FL 32920-0326 Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.us/cape • ' 11015age 1 tAILING LIST (donh400) Don Haynes Don Haynes ource:Brevard County Property App 52 Country Club Rd 52 Country Club Rd JSer Cocoa Beach,FL 32931 Cocoa Beach,FL 32931 • N IP ERIAL BUSINESS CENTER DEV INC IMPERIAL BUSINESS CENTER DEV INC JAMtESON,SUZANNE E F LIFE ESTATE 357' IMPERIAL BLVD UNIT 5 ' 357' IMPERIAL BLVD UNIT 5 ' 412'BEACH PARK LANE :;APE CANAVERAL FL 32920 CAPE CANAVERAL,FL 32920 CAPE CANAVERAL,FL 32920 !AM1IESON,SUZANNE E F LIFE ESTATE APPLEGATE,DON W TRUSTEE ' 412' BEACH PARK LANE ' 88' ALLISON DRIVE :APE CANAVERAL,FL 32920 COCOA,FL 32922 ;.=.:;ER,JOHN BAKER,JOHN E BEECHER,ALMA M TRUSTEE '.:-:73R.JACOB ET AL BAKER,SUSAN J HAV ' 122' OAK LANE :212'COCOA BLVD ' !CO' YACHT HAVEN DRIVE CAPE CANAVERAL,FL 32920 .,COA,FL 32922 COCOA BEACH,FL 32931 2':NIX.WILLIAM TRUSTEE BENNIX,WILLIAM TRUSTEE BOUCHER,NORMAN G :21'OCEAN GARDEN LANE P 0 BOX 927 BOUCHER,MARIE A HAV TRUSTEES E CANAVERAL,FL 32920 CAPE CANAVERAL,FL 32920 ' 411'JACKSON AVE CAPE CANAVERAL,FL 32920 -EVARD CANVAS &MARINE INTERIORS CALDERONE,JOSEPH W CALLAHAN,EDWARD S TRUSTEE ' 4CC5' MARLBERRY LANE P 0 BOX 387 :7. IMPERIAL BLVD :..NIT I MELBOURNE,FL 32901 CAPE CANAVERAL,FL 32920 :. .:'E CANAVERAL,FL=.920 • • / _.-.::AVERAL BULK TERMINAL INC CAPE CANAVERAL MANAGEMENT INC CAPE CANAVERAL MANAGEMENT INC ' 17•'-O'SOUTHERN BLVD STE 300 ' 357' IMPERIAL BLVD ' 357'IMPERIAL BLVD#A-2 W?ALM BCH,FL 33405 CAPE CANAVERAL,FL 32920 CAPE CANAVERAL,FL 32920 ?E CANAVERAL,CITY OF CARBONE.MICHAEL CARMINE DANIELS,JERRY R ?0 BOX 325 ' 1540'TUNA STREET DANIELS,PAULINE H/W ?E CANAVERAL,FL 32920 MERRITT ISLAND,FL 32952 ' 139'OCEAN GARDEN LANE CAPE CANAVERAL,FL 32920 CEE ii L-R.WENDELL W DERMAN,MARK D FIRST BAPTIST CHURCH OF CAPE ;,=Ei ER.PATRICIA A H/V! DERMAN,DEBRA N HAV CANAVERAL INC ' :13'OCEAN GARDEN LANE ' 134'OCEAN GARDEN LA P 0 BOX 581 CAPE CANAVERAL.FL 32920 CAPE CANAVERAL,FL 32920 CAPE CANAVERAL,FL 32920 r1CH,EVELYN A FITCH.ROBERT W GILLIKIN,THOMAS ETAL 26'OCEAN GARDEN LANE FITCH.EVELYN A H/W D/B/A DOCKSIDE PROPERTIES PE CANAVERAL,FL 32920 ' 136'OCEAN GARDEN LANE ' 357'IMPERIAL BLVD C-1 CAPE CANAVERAL,FL 32920 CAPE CANAVERAL,FL 32920 . so.ifirgvigiai°5'Address Labels • imIsitaAPead 48 S4eitittkt4613hetarm tirAttctiOgRitVARP Page ,'1LLIKIN,THOMAS O'BRIEN TR GREENE,JOSEPH W SR ESTATE HIGH SEAS TRADING CO INC DHNS,STEPHEN ETAL ' 8107' BLANDFORD DR ' 1625'N MIAMI AVE 357'IMPERIAL BLVD UNIT C-1 MANASSAS,VA 20111 MIAMI,FL 33136 :APE CANAVERAL,FL 32920 `.1PERIAL BUSINESS CENTER DEV INC JONATHAN ARTHUR CIENER INC KAUFMAN,LOUIS L JR 357'IMPERIAL BLVD UNIT 5 ' 8700'COMMERCE ST KAUFMAN,BARBARA J H/W :APE CANAVERAL,FL 32920 CAPE CANAVERAL FL 32920 ' 142' OCEAN GARDEN LANE CAPE CANAVERAL,FL 32920 'EELSTAR BUILDING CORP LENNON,BERNARD M LINTHICUM,MICHAEL D 504'N ATLANTIC AVENUE ' 54' WESTVIEW LANE ' 185' BAHANIA BLVD :OCOA BCH,FL 32931 COCOA BCH,FL 32931 COCOA BCH,FL 32931 ':'SAG,CARL R MAC V SIGH,GEORGE E MELE,FRANK J JR :,AG,LINDA J H/W MAC VEIGH,ELLEN G H/W MELE.ELIZABETH H/W :20'CCEAN GARDEN LANE ' 7040' UPLAND RIDGE DR ' 137' OCEAN GARDEN LA -..\-:-E CANAVERAL.FL 32920 ADAMSTOWN,MD 21710 CAPE CANAVERAL,FL 32920 ONEY,CHARLES K SR NAIL,DANNY F NAIL.TIFFANY V C,NEY,JOYCE D H/`.+ NAIL,MARY JANE I-'W ' 105' ST CROIX AVENUE :-:?5'RIDGEWOOD AVENUE n3301 ' 105' ST CROIX AVE COCOA BCH,FL 32931 P5 CANAVERAL.FL 32920 COCOA BEACH,FL 32930 L:NICK.MATTHEW DANIEL PAN,PENO PAN,PENO / :: L-�u 35'GLORIA AVE ' 2515' SHADY BDRIVE FUST,:CSEPH S a'.15.FL 32754 PEARLAND,TX 77=5: ' 2515'SHADY BEND DRIVE PEARLAND,TX 77581 E.ARAH,MARK N RAHLFS ENTERPRISES L C RAO,JAMES R 2ARAI1,DAMAP.IS'r.,'W P 0 BOX 320013 RAO,MARY L HIW 8701'JASMINE COURT COCOA BCH,FL_ ' 2805'S TROPICAL TR :APE CANAVERAL.FL 32920 MERRITT ISLAND,FL 32952 FEED,DAVID R RENBERG,DONNA ROTC? {,CHARLES ZED,Y.AT'r1LEE'i B;11W .1C LEAN,LAIRD C MC CL:NE.CAROLE 29'OCEAN GARDEN LANE ' 138' OCEAN GARDEN LANE • 12'OCEAN GARDEN LANE ?E CANAVERAL FL 32920 CAPE CANAVERAL FL32920 CAPE CANAVERAL FL 32920 F?a:NUM G SEEHAFER.DAVID A SHAFFER,RONALD I 0 BOX 622 WEESE,KARETA L ' 122'OCEAN GARDENS LANE APE CANAVERAL FL 32920 ?0 BOX 880 CAPE CANAVERAL,FL 32920 CAPE CANAVERAL FL 32920 ;11ELDON COVE LTD SHOEMAKER,WOCDSON R SUNRISE SUNSET CORPORATION 1810'A:,tRONAUT BLVD ' 6420'IRVING ROAD ' 52'COUNTRY CLUB ROAD '.',PE CANAVERAL FL 32920 COCOA,FL 32927 COCOA BCH,FL 32931 hvIl1 lE7Y , p'`flrorrts`�ed 5Ic Lr Extfla Smooth)Feed.&aets3M tirAkftirnikah A Parc IA.RT OF COCOA BEACH INC TREXLER,HERBERT J JR WARNER,BERTIL R 357'IMPERIAL BLVD HB-1 TREXLER,MARJORIE A HIW WILLIAMS,DONALD E TAPE CANAVERAL,FL 32920 ' 119'OCEAN GARDEN LANE ' 140' OCEAN GARDEN LN CAPE CANAVERAL FL 32920 CAPE CANAVERAL,FL 32920 ':1CGLESWORTH,JENNIFER R WILLIAMS,SANDRA K WILLIAMS,SANDRA K TCLESWORTH,PATRICK M HIW ' 111'OCEAN GARDENS LN WILLIAMS,SHAWNE E :"'CHERI DOWN LANE CAPE CANAVERAL,FL 32920 ' 111'OCEAN GARDEN LANE CANAVERAL,FL 32920 CAPE CANAVERAL,FL 32920 C--O.MICHAEL TRUSTEE OCEAN GARDEN LANE E CANAVERAL,FL 32920 RECOMMENDATIONS OF PLANNING &ZONING BOARD REQUEST NO03-0 1. A Public Hearing was held on 1110.rc�, a� AC03 at I'.30 , (date) (time) Z. Action taken: /Recommend approval. Recommend disapproval. Request postponed. Request tabled until at (date) (time) Request returned to applicant for additional information. Request withdrawn by applicant. 3. The factual basis upon which the Planning & Zoning Board decision was rendered is as f.:llows: 1v`.P_ II ia,' ' 70(1 3QQI J Y'!?Coinr1 p(ovQ.l ,,u(441 1 'f7l(Gu.7(rIqIcondr40ll: ��a� '�� CPcccc CcP�a� �e Ilm � (tea Zl -awnhE�Se (cn��S Date Chairperson,Planning &Zoning Board Planning & Zoning Board Meeting Minutes March 26, 2003 Page 3 2. Review and Recommendation Re: Special Exception Request No. 03-01 to Allow Residential Use in the C-1 Zoning District, Section 14, Township 24 South, Range 37 East, Parcel A.1, Tutons Subdivision, (131 Oak Lane) - Suzanne Jamieson Life Estate, Owner; Donald Haynes, Designated Agent. Todd Peetz, City Planner advised that the property consisted of 3 +1- acres; zoning allowed for 45 townhouse units and only 21 townhouse units were proposed; the properties to the north, south and east were zoned C-1 and M-1 to the west; the property was located approximately 775 ft. west of N. Atlantic Avenue, between Circle K and Harbor Heights; he verified that the traffic impact for this project would allow N. Atlantic Avenue's Level-of-Service-Standard to remain at a level D by comparing this project with another proposed project on N. Atlantic Avenue traffic study; staff had reviewed the request and had no concerns other than the Fire dept. commenting that the turning radius needed to be a minimum of 50 ft., which would be reviewed during the site plan review process. Donald Haynes, Designated Agent, testified that he was requesting a special exception to construct a secured, gated, residential, townhouse community in the C-1 zoning district, with a total of 20 or 21 townhouse units, depending on the results of the 55 ft. turning radius required by the fire department; the properties to the east and north were constructed as residential; individual trash can service would be provided, not dumpster service; a thick buffering would be installed along Canaveral Creek future bike trail. This would be an upscale community similar to Ocean Gardens. He pointed-out other projects he had constructed throughout the city, over the past 20 years. Assistant City Attorney Buak verified that he was satisfied with the affidavit giving Mr. Haynes authority to act as the owners designated agent. The Board members reviewed the criteria worksheet, reviewed the sketch of a proposed site plan, and sample schematic of the proposed architecture . Brief discussion followed. Mr. Haynes explained that he planned to have the units staggered in a Key West style with tin roofs, although he would entertain building custom homes. Chairperson McNeely voiced her opinion that a condition of approval should be that no more than 21 townhomes be constructed. Various residents of the Ocean Gardens subdivision spoke in favor of this project. Chairperson McNeely voiced her concern regarding congestion on N. Atlantic Avenue and noted that Oak Lane is a city street. She asked Mr. Haynes if he would could upgrade the road to make it easier for pedestrians. Mr. Haynes responded that Oak Lane was a City road and the city should come to him to ask for help to upgrade their road. Motion by Mr. Fredrickson, seconded by Mr. Jenkins to recommend approval of Special Exception Request No. 03-01 with the condition that the special exception be limited to 21 townhouse units. Vote on the motion, as amended carried unanimously. ,c,..,,..._ ., A!'", -/ jiirili :.;.--.. ;;;)- kit1 . - Ci of Cape Canaveral Yi �'2 �C 4 i "` Certified No. 70993400000134342014 T _jti51. T April 4, 2003 tit Ai'.*' r) 4 47-0p 'if Donald F. Haynes 52 Country Club Road Cocoa Beach, FL 32931 Dear Applicant: The letter shall serve as your notice of the up-coming Public Hearing regarding your request before the City of Cape Canaveral's Board of Adjustment on Monday, April 14, 2003, at 7:30 P.M., at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. If you have any questions or desire additional information, please contact the Cape Canaveral Building Department, 105 Polk Avenue, P.O. Box 326, Cape Canaveral, Florida 32920 or telephone: (407) 868-1222. Sincere y, Susan L.Chapman Secretary to the Board of Adjustments 4 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com ' F 1 7 ty, y MEMORANDUM Date: April 4, 2003 To: Susan Stills, City Clerk From: Susan Chapman, Secretary to the Board of Adjustment Re: Request for Advertisement— Public Hearing Notice Please place the following advertisement in the Orlando Sentinel, on Wednesday, April 9, 2003. Please provide proof a publication and copy of the bill. /sic .`ti‘a. f i'L .. Fil r J „.1 k. �::Aii III Ng1 City of Cape Canaveral ; -l^Mk`'' UPr CANACITY ry mu. A� 1 t z i r .',0 r April 4, 2003 The Orlando Sentinel P.O. Box 2833 Orlando, FL 32802 Attention: Legal Advertising Please publish the following legal ad, one time. on Wednesday. April 9. 2003 in the Orlando Sentinel and furnish affidavit as proof of publication: Notice of Public Hearing The Board of Adjustment, City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of considering a Special Exception at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida on Monday, April 14, 2003 at 7:30 P.M. Request No. 03-01 Special Exception :o Allow Residential Use in the C-1 Zoning District, Parcel A.1, Tutons Subdivision.. (131 Oak Lane,. Section 14, township 24 South. Range 37 East - Suzanne Jamieson Life Estate. Propel Owner; Donald F. Haynes. Designated Agent. Interested parties are invited to attend this meeting and be heard. If any person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, he:she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made. Susan L. Chapman Secretary to the Board of Adjustments If you should have any questions regarding the above ad, please contact the Building Department at (321) 268-1222. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 vrirw.myflorida.com/ape • email; capecanavera!@cfl.rr.com . , ^ •/~ �\ . ` �, . 1 -°•—; lo —i--„% ^ � I • ' 1 . . i 1....;_cit. . . ''''''. . 14%; ! ' 41.1.A.4: •.'. . ......../1 A__.__ \ ;F... ....::: „.-: . 11,..--7 ',i'l; _---.: __. - ; ,_ :1) (:. %.,-.., ,,c s: • �r' ' � � \. �' • »� ' / ___ NOTICE OF PUBLIC HEARING To the Adjacent Property Owners: Notice is hereby given by the City of Cape Canaveral, that the Suzanne Jamieson Life Estate, through its designated agent, Donald Haynes, Cocoa Beach, FL 32931, has requested a Special Exception to Allow Residential Use in a Commercial Zoning District, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334 on the property described as follows: Tax Parcel: Township 24S, Range 37E, Section 14, Parcel A.1 , Tutons Subdivision, (131 Oak Lane), Brevard County, Florida. In accordance with City Code of Ordinances, No. 18-2002, this letter serves notice that there will be a public hearing before the Cape Canaveral Planning and Zoning Board regarding the property noted above. The meeting will be held on March 26, 2003, at 7:30 P.M. in the City Hall Annex 111 Polk Avenue, Cape Canaveral, FL. This purpose of this hearing is to make recommendation to the Cape Canaveral Board of Adjustments with respect to the above-named property. Since your property may be located within 500-feet of this property you are cordially invited to attend this meeting and provide comment on the proposed requested land use change. If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk 13 / d A-« L A>IE- s�� Excel;,a-rN y��l 11._ 0-7'1 a-ba 0/03 • U.S. Postal Service -CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) . -1313- 111111.1.11.1111111A2Mil Postage NM= .J3 Certified FFa p �Certified Fee �a/�/ Return Receipt Fee He `'03 (Endorsement Required) 0 Restricted Delivery Fee V • O (Endorsement Required) AS_3292: Total Postage Sent To RENBERG,DONNA L r-1 Street,Apt.No. MC LEAN,LAIRD C 0 or Po Box No. ' 138'OCEAN GARDEN LANE r— City,State,ZIP+ CAPE CANAVERAL,FL 32920 PSForm.3800, - -_ „ \ r 29 .33' 1 c► Not° 34' 23"W � a ip N 7--� 15' EASEMENT T N r? lr M 0 _ IN m X mD. Z N G, m 3 ky) m N 4> -i 0 kp -: CD(' - - 64 ____)_ _____ _____ Z LO 0 (33 t 0 \ kli- ti/ -N- V) kri iv r -� W vima+ __ � U� I o lil 101 kr UT ii) a z 41.U i> N �t U -I a to (r) U' (� ill — l9 ci' rn b N m l0 --, CO 0 N AW__.. --------- D kli ° ».' 54"W 290.35' N " m j�l zit mmz --< D D m --1 111 COMM WO�„� awM rr.mo■wu ENGINEERINC.� DRAFTING SERVICES OAK. LAM PFta1M�NARY LOT LAYOUT �,.yny,p,*If MOO O — ,�,�.w ..o rn 1535 COGSWELL 5T. ROCKLEDGE. FL. 32926 PROP03ED 6 PLAN N PH. 321.636.0469 FAX 321.636.9128 6REVARD GOLMTY