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HomeMy WebLinkAbout2004 Additional ItemsEarl M cMillin P.O. Box 1086, C ape Canaveral, FL 32920 (321) 783 --8834 Attorney at Law Harbor Pilot Marine Consultant i , 22 April 2003 Mir. Bennett Boucher City Manager 105 Polk Avenue Cape Canaveral,, Florida Land Delivery Dear Mr. Boucher: , It seems that in recent months that there is growing interest by owners of property along North Atlantic Avenue zoned C -1 to develop it for residential use. The records of the Board of Adjustment (BOA) for the last 10 years show the following requests for relevant Special Exceptions: Year BQA No. A ��licar�t Location Ilse 1993 04� .... __.,■.,w .. Mlw -_ 1994 94 -06 Thomas Quimnn- N. At1. & Wash ington. 2 townhouses. 1995 95 -04 B.C. Development YZ N.E. corner of N. Ad. & Ocean Woods Blvd. 16 townhouses. 1997 - - - -- - - - -- 1998 - - - -- - - - -- 1999 �-- "- 2000 00 -03 Bud Buries N. Atl. &Washington. 2 townhouses. 2001 - - --- 2002 02 -07 Holly Myers Sea Shell La., Hbr- Hats. 3 single family homes. 02 -08 Ocean Woods West 19 townhouses. " 02 -14 Martin Greene W. side N. AtI. near South Wind mobile site. 34 townhouses. 02 -16 John Allen N. Afl. &Canaveral Bch. Allen Engineering Blvd. 40 townhouses. 2003 03 -01 Donald Haynes 131 Oak Lane, 21 townhouses it 03 -02 John Allen W. side N. Atl. 120 townhouses. As the foregoing records show, the upswing in Special Exception requests to use C-1 property along North Atlantic Avenue for residential purposes is significant. Here are some thoughts about this phenomenon. -2AW Traffic: According to data supplied in support of Special Exception Request 03 -01, North Atlantic Avenue is operating at Level of Service (LOS) "D" with 612 peak hour trips between George King and Central Boulevard. A maximum of 810 trips, LOS "E" is deemed to be acceptable. The port and the City are joined at the hip. What one entity does impacts the other. CrUl'se Terminals 3 and 4,, which have only seen sporadic use for many years past, are soon to have ships calling regLilarly. Norwegian Dawn will dock at CT -4 and Ocean Club Cruises will use CT -3. If Ocean Club succeeds, it will have a slop in every day. These vessels •,ui11 add traffic ±o North Atlantic Avenue. The completion of the condominiums and development of hotels in the areas south of Jetty Park and the tank faun will add traffic as well. There are traffic signals at intersections on North Atlantic Avenue.. However, when a vehicle, whether northbound or southbound, turns left, the flow of traffic stops because there are no turn lanes on North Atlantic Avenue.. Fire Protection: There is a fire station near City Hall and one in the port. It seems that when requests for Special Exceptions come before P &Z and the BOA, the Fire Department evaluates them inclividually. If the Fire Department is not aware, it needs to be made aware, of what is happening fluoughout the City so that it can evaluate how each request fits into the entire jigsaw puzzle and not simply evaluate each particular puzzle piece in a vacuum. Pert Authority: How and h,,.Jw often. the City and the Port liaise is unknown. Also,, whether the Port Authority regards North Atlantic Avenue as a key access route and whether ftu congestion may impact future Port Authority plans is unknown. But, it would seem prudent to learn the answers to these questions. Perhaps, when the Port Commissioners see what is occurring along North Atlantic Avenue, it, will be possible to obtain the cooperation and financial support of the Port Authority in improving North Atlantic Avenue. • ' Comprehensive Plan: P &Z and BOA exist, it seems, to provide a process for "tweaking" the established zoning. It seems that re- zoning large areas and effectively amending the Comprehensive Plan via the mechanism of Special Exceptions is not the role they are intended to play. If Council is comfortable with what is happening and to allow matters to continue to move forward along the Special Exception path, so be it. Such a course appears to be within the law. The question remains, is following this path best for the City.? Requests for Special Exceptions are not brought before City Council. It would seem advisable to apprise Council of the, recent, unusual and fast- paced changes that are taking place along North Atlantic Avenue. It should not be lost sight of that the Council members are elected. P &Z and BOA members are appointed. Council members may be much more sensitive to what is happening when fully informed. There is no intention here to speak for others, but it is probable that some of the individuals involved in the Special Exception process would appreciate knowing how the Council views these matters. Conclusion: Your efforts in arranging a meeting this coming Thursday with various parties -- private and public -- interested in the future of North Atlantic Avenue are corrunendable. It is to be hoped that you will take steps to inform the City Council and the Port Authority of the concerns voiced in this letter. If there is any assistance that you require in this regard, please do not hesitate to call. Very truly yours, �-, 100< Earl McMillin ra Earl McMillin P.O. Box 1086, Cape Canaveral, FL 32920 (321) 783 -8834 Attorney at Law Harbor Pilot Marine Consultant A 19 June 2003 Chairperson Marilyn Rigerman 405 Adams Avenue, No. 12 Cape Canaveral, Florida 32920 Dear Madam Chairperson: Susan Chapman called recently to schedule a Board of Adjustment meeting for Monday, July 14th. Although no paperwork has yet been received I know that at least one agenda item will be a request for a special exception for open land bordering North Atlantic Avenue that is now C -1 to be used for multi - family residential. Enclosed is a letter I wrote to the City Manager in April. I believe it would be helpful to invite Mr. Boucher to attend the July 14th meeting to continent directly to the Board concerning the points raised in the letter. Mr. Boucher was kind enough to respond to the letter by telephoning me, but much time has passed and I would be reluctant to attempt to recite what he said. Additionally, other Board members may have questions that I did not think to raise in the letter. . For example, it did not occur to Mme in April to ask about the ability of the school system to accommodate residential growth. In looking at the Cape Canaveral Code I note that Section 110 -27, Proceedings, says in part that, "The chairman .. , may... compel the attendance of witnesses." Interesting I Very truly yours, Earl McMillin cc: Board Members City Manager Susan Chapman i 1 1 ti Jan 22 04 11:1 McMillin 321 783 0534 P.1 Earl McMillin PO. bax. W86, Cape Canave. al. FL 32920 (321) Attorney at Law Harbor Pilot Marine Consultant 21 July 2403 Mayor and City Council C/O City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida VC ... } 'j. t ! I I r LC k+l�. . e __ - _--- _y.- .4'Aj - Hand Delivery Dear Mayor Randeis: At the last meeting of the Board of Adjustment an Monday July 14, 2003, it -_ was unanimously agreed that a letter be sent to you and the members of Gi#y Council concerning North Atlantic ANienue. In recent months there has been growing ivterest by owners of property along North Atlantic Avenue coned C -1 to develop it for residential use. The records of the Board of Adjustment for the last 10 years show the following *requests f6trelevant Special Exceptions; Year BOA N o. ADDlicant Location. & Use 199 1994 94 -06 Thomas Quinn N. Atl. &Washington. 2 tommhouses. ��1 Jan 22 34 11:13a Mc Milli n Y= 199-5 RC)A No. &pjj!Q= 95 -04 B.C. Development 199 1997 1998 1999 X000 00 -03 B B un es 200 1 __.._.. __ftw-.. X00 02 -07 Rolle Myers I f1 02-08 2 4� 02-14 Martin G reene X12- 1 6 John Alen Alen Engftneeru' io 321 783 0834 p.2 Loc ation &Use N.E. comu of N. Ad. & Ocean Woods Blvd. 16 to N, Ati . & Washington. 2 townhouses. Sea Shell La., Hbr. hats. 3 singlc family homes. Ocean woods west 19 townhouses. W_ side N Atl. near South wind mobile site. 34 town - houses. N . Atl . & Canaveral Bch- Blvd- 40 to -2- Jan 22 34 11:13a McMillin Year BOA N o. A nnficant 2 0 0. 03 -D 1 Donald Haynes Is 03 -02 John Allen 321 7 03 0334 p•3 Loc ation & U se 131 Oak Lane, 21, to W. side N_ Atl_ :l o tow As the foregoing records shoes, the upswing in S pecial Exception requests to use C - 1 ro erty along North Atlantic Avenue for residential purposes is P p significant. Here are some item the Board has thoughts about. Traffic: According to data supplied in support of Special Exce%1011 Request 03 - 02, North Atlantic Avenue is operating at Level of Service (1 ,0S) " D" NN ith 612 peak hour trips between George King and Central Boulevard. A maximum of 810 trips, LOS "Ell is, deemed to be acce ptable. Port C anaveral and the City are so clo se lv connected that what one entity -- does im the other. Cruise Termn ial 2 is hot �e to the ga�� p g slip Ambassador R that makes two voyages per day sometimes with as many as 1500 passengers. Cruise ` "erminal 3 is now be ing used by ocean Club Crw* se s Mirage I, '"11hich is here 3 thanes weekly. If ocean Club Cruises can carry out its la ied expansion, it will have a ship in every day begit�r�ing this p p November. I.'h.ese vessels will add traffic to 'North Atlantic Avenue. The completion of - 'he con dog mns and devel of hotels in the areas south of Jetty Park and the tank faum will add traffic as well. There are traffic signals at intersections on Nordl Atlantic Avenue Howe when a vehicle w hether northboimd or sou thbo un.c, turn left, the flaw of traffic stops because there are no tum lanes on North Atlantic Avenue. s w r -- Hurricane Evacuation: This is a facet of the ty c issue. Has any consideration been given to how North Atlantic Avenue wih cope with an evacuation? Fire Protection: There is a fire station near City fall and one in the port. It seems that when requests for Special Exceptions come before Plamiing & Zonm' a and the Board of Adjustment, the Fire Department evaluates them in.dividuaHy. If the Fire Department is not aware, it needs to be made aware, of what is happening thr011ghMt the City so that it can evaluate low each request fits into the entire jigsaw puzle acid not simply evaluate each particular pile piece in a vacuum. Schools: The Board was advised at its July 14th meeting that the potential impact of development upon schools is an issue that is referred to the school district authorities for evaluation. Howe %rer, the evaluation occurs after the Board is called upon to make a decision,, not before, so the Board has no data before it when making a decision. Comprehensive Plan; At the July 14th meeting, when the Board considered and approved the request for a Special Exception to peruit the constniction of Ito townhouses on the west side of forth Atlantic Avenue, legal counsel informed the Board that traffic on North Atlantic Avenue is not a factor which the Board can tare into consideration making a decision_ If that advice is correct, and the Board has no reason to believe it is not it seems to demonstrate why the Board of Adjustment perhaps is not the best Vehicle for `irt effect re-zoning large areas and thereb amending the Comprehensive Flan via the mechanism. of Special Exceptions. Traffic is an obvious concern when tryi ig to d etenim le zones g on a large tale and when drafting a Comprehensive Flan, If the Board cannot consider traffic, is it the best tool for detenriming the future of North Atlantic Avenue? The Board of Adjustment, it seems, exists to provide a process for making modest adjusftn.en.ts to the established zoning, -404 Jan 22 34 11-015a mcmi I I in 321 763 0634 p.4 --� Advice Tile Board would like to know two things from the Cit Couilcil. First, is the Council fully aware of the fast paced changes that are occurring along North Atlantic Avenue? Second, is the Caimcil satisfied to allow matters to continue to move forward along the Special Exception path? The Board of Adjustment asks that the mews of the Council be determined and 6Iose "-ews communicated to th e Board at the earliest co nvetul ent t�iie Very tru l yours, -- 4 Earl McM11 -11n �--- cc. Chairperson & Members of the Board C i tv Manager 4 + -� 511