HomeMy WebLinkAbout08-29-2005 AgendaCaII to Order
Roll Call
NEW BUSINESS:
City of Cape Canaveral
BOARD OF ADJUSTMENT MEETING
AGENDA
111 POLK AVENUE
AUGUST 29, 2005
7:30 P.M.
1. Motion to Approve the Meeting Minutes of July 25, 2005.
2. Special Exception Request No. 05 -04 to Allow On Premise Consumption of
Alcoholic Beverages in the C -1 Zoning District (105 Lincoln Avenue) - Tracy Rac,
Commander, Designated Agent for American Legion Post 348, Inc., Petitioner.
3. Exception Request No. 05 -05 to Allow Extension of Area to Serve Alcoholic
Beverages (1000 Shorewood Drive, Cape Caribe) - Ron Jon Hospitality, Inc.,
Designated Agent for Cape Caribe Association, Inc., Petitioner.
4. Reconsideration of a Condition: Special Exception No. 05 -02 (Sea Shell Cay
Townhomes) - All Shores Construction & Development, Inc. /James E. Morgan,
Petitioner.
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
wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
July 25, 2005
A Meeting of the City of Cape Canaveral Board of Adjustment was held on July 25, 2005
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
Connie McKone
Paula Collins
MEMBERS ABSENT:
Earl McMillin
Robert Laws
OTHERS PRESENT:
Susan Chapman
Todd Peetz
Anthony Garganese
Robert Hoog
Bea McNeely
Leo Nicholas
Chairperson
Vice Chairperson
Board Secretary
City Planner
City Attorney
Mayor Pro Tem
Ex-Officio Member
Planning & Zoning Board Member
All persons giving testimony were sworn in by Anthony Garganese, City Attorney.
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of June 27, 2005.
Motion by Connie McKone, seconded by Paula Collins to approve the meeting minutes
of June 27, 2005. Vote on the motion carried unanimously.
2. Special Exception Request No. 05-03 to Allow a Communication Tower in the
M-1 Zoning District, (350 Imperial Blvd.) - Section 15, Township 24 South, Range
37 East, Part of Gov't Lot 2 & All of Parcel 816.0 - Sheryl Denan, Representative
for Verizon Wireless, Designated Agent.
Laura Bellflower, Land Planner and Attorney, representing the Petitioner, testified that
Verizon Wireless was requesting a Special Exception to allow a 160 ft. tall Monopole
communication tower in the M-1 zoning district. She explained that there is a need in
this area to enhance wireless communications; the leased property is surrounded by M-1
zoning and is located a considerable distance from any residential; the tower base will
be surrounded by chain link fencing with privacy slats; the tower is designed to
accommodate three additional antennas; and the pole will be equipped with a lightning
rod protector.
Board of Adjustment
Meeting Minutes
July 25, 2005
Page 2
Discussion was held regarding landscaping. Ms. Bellflower testified that the compound
is not visible from any residential or roadways; the leased area is limited, and
landscaping would only hide the chain link fence; the leased property is located next to
an industrial building, therefore, if landscaping is required they are asking the Board for a
waiver of the requirement. Discussion followed.
The Board members reviewed the submitted site plan. City Attorney, Anthony
Garganese, explained that the ground locations for supplemental carriers would not
need an additional special exception within the leased area, as shown on the submitted
site plan. However, if State law requires expansion of the compound, and supplemental
leased area is needed, then an additional special exception will be required.
Sharon Roberts, citizen, advised that reception is very bad just South of Jetty Park and
she encouraged the Board to approve this request.
Motion by Connie McKone, seconded by Paula Collins, to approve Special Exception
Request No. 05-03, with the following conditions:
• City code landscaping requirements are waived.
• The project shall comply with all setback requirements.
• The Special Exception is limited to the leased portion of the property, as
shown on the submitted site plan.
3. Reconsideration of a Condition: Special Exception No. 05-02 (Sea Shell Cay
Town homes) - All Shores Construction & Development, Inc./James E. Morgan,
Petitioner.
Todd Peetz, City Planner, explained the nature of the request, because the applicant
was not present at the meeting. Chairperson Rigerman voiced her concern and the
Public Works Director's concern with access on N. Atlantic Avenue. Todd Peetz advised
that having all the access on Sea Shell Lane would not work with the configuration of the
lot and the building. Anthony Garganese, City Attorney, advised that the burden is on
the applicant to make his case. He explained that it was not staffs position to advocate
the request for the applicant. Chairperson Rigerman noted that Mr. Morgan's son had
testified that access on Sea Shell Lane would be workable.
Motion by Marilyn Rigerman, seconded by Paula Collins, to postpone this item until City
staff reschedules the request. Vote on the motion carried unanimously.
There being no further business the meeting was adjourned at 8:50 p.m.
Approved this day of , 2005.
Marilyn Rigerman, Chairperson
Susan Chapman, Board Secretary
Meeting Type: Board of
Adjustment
Meeting Date: 8/29/05
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Special Exception 05-04
Item
No.
2
SUBJECT: Special Exception Request 05-04 to allow on -premise consumption of alcoholic
beverages, American Legion Post 348
DEPT./DIVISION: Building Department
Requested Action:
Consider recommendation for approval by the Planning and Zoning Board for the on -premise consumption of
alcoholic beverages.
Summary Explanation & Background:
The applicant is the American Legion Post 348, they have requested a special exception to serve on -premise consumption of
alcoholic beverages. (They have recently relocated from Canaveral Boulevard. This request requires a special exception.)
Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the
special exception, #4 Notification to surrounding property owners, #5 staff reports and comments on the special exception.
Todd Peetz
City Plann
City Planner
g uy vi `d1JC `cLL lav el ell
Building Department
(Please Print Legibly or Type)
DATE FILED tQ ` J1I'(35 FEE PAID a 5( . CO DEPOSg 3041 . 9 B
RECV'D BY: T. P ($250.00 Filing Fee is non-refundable
NATURE OF REQUEST 5pat, 64-)0/1416-1-toi
Special Exception is for what purpose (Brief Description) Operation of American
Legion Post 348 Post Home and social Quarters C (?ftiwt�t CAsnso' el''-} `
Address of request (if applicable) 105 Lincoln Ave pc- Ata'M(17c_
Legal Description: Lot 3 / 4Block 6 9 Parcel Subdv
Section Township Range
STATEMENT OF FACT: State of Florida, County of Brevard; I
Tracy Rar , being duly sworn, depose and say that
x I am the property owner. We the American Legion
I am the owner(s) designated agent. (notarized authorization required)
Owner(s) Name(s): American Legion Challenger Post 348 Inc.
Address: 1 0 5 Lincoln Av
Home Phone 7 9 9 '1 0 6 0 Work Phone E-Mail
Applicant(s) Names(s): American Legion Cha l 1 Prager Post 348
Address: 1 05 Li nenl n AvP __
Home Phone 7 9 9 1 0 6 °Work Phone E-Mail
Cell .Z58 _951
All information, sketches and data contained and made part of this request, are honest
and true to the b st omy knowledge and belief.
Signature of Applicant
Sworn t
uup �
YP��, Susan L. Chapman
'+�� Commison # CC 998698
$ Expires March 23,2005
%.�fF'� «Q�.` Bonded Thru
'�.:„►1 �`� Atlantic Bonding Co., Inc.
fore me on this 9 day of BTU n , 20 0 5.
Notary Public, State of Florida
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
(i4 (oN)
1 •
City of Cape Canaveral
APPLICATION FOR SPECIAL EXCEPTION
This application must be legibly completed and returned, with all enclosures
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment. The
owner or 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
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, 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) 868-1297
DATE: 7 June 2005
1. NAME OF APPLICANTS) AmPri c-an- Lczgi on Challenger 7 Post 348
ADDRESS (if assigned) 105 Lincoln Ave.
PHONE # 799 1060 FAX # E-MAIL
2. COMPLETE LEGAL DESCRIPTION OF PROPERTY:
LOT: 3/4 BLOCK: 69 SUBDIVISION: Avon By The SEa
PARCEL:
SIZE OF SUBJECT PROPERTY IN ACRES:
SECTION: a5 TOWNSHIP S'• RANGE 3'7E
DESCRIPTION:
)4'3. ORDINANCES SECTION UNDER WHICH : EXCEPTION IS
SOUGHT
(EXAMPLE, ARTICLE X, SECTION 2)
4. COMPLETE THE ATTACHED WO '_ TIN FULL. 4 COMPLETE
APPLICATIONS MAY RESULT IN DENIAL OF REQ ST)
.k5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1
ETC.) c.#'
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.
Yes
4
lib-332.
(b) Adequate off-street parking and loading areas are provided without
creating undue noise, glare, odor or detrimental effects upon adjoining
properties.
Yes
(c) Adequate and properly located utilities are available or may be reasonably
provided to serve the proposed development.
(d) Adequate screeningor beufrexztri n
�aii / g `-will be provided to protect and
provide compatibility with adjoining properties.
Yes existing
(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.
Yes exisiting
(f) Refuse and service areas, with particular reference to the issues relating to
(a) and (b) above.
Yes Dumpster in back of property
(g) Required setbacks and other open space.
(h) Height.
(i) Landscaping.
(j) Renewal and/or termination dates relating to a lease, if applicable.
30 year morgage on property
(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.
o e at'on hours will be 10a.m. - 11p.m. weekly
PLEASE NOIfh: 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 (attach additional sheet if necessary):
Operation of American Legion Post Home Hold Legion meetings
and Functions and serve Alcoholic beverages to members and their
guests.
THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS
APPLICATION:
*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:
n�uvara uo. Plannlalg an zoning
A property map showing properties within the 500 ft. radius, clearly
outlining the subject property.
x 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.
6
SPECIAL EXCEPTION
WORKSHEET
The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRITERIA (Building Official or Designee. to Verify)
1) Does the Special Exception create any adverse impact to adjacent property
through the creation of noise, light, vibration, traffic, utility requirements, or
stormwater runoff that would not have been created had the property been
developed las a principle use in the applicable zoning district.
0
Will the Special Exception create any unusual police, fire or emergency services?
too
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 setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.?
`tes
4) Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, • traffic flow and control, and emergency
access in case of fire or medical emergency?
4t'5X�s�c���
5) Is there adequate off-street parking and loading areas available without creating
undue noise, glare, odor or other detrimental effects upon adjoining property
owners?
"ley ksk, A:v1 s
6) Is there adequate and properly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)?
`fe CA% ‘rY
7) Is there adequate screening and/or buffering provided to protect and
provide compatibility to adjoining properties?
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?
7
adequate refuse and service areas?
;J 'te.�� i^G•
w.?Sec�-r .e.
Do the setbacks, landscaping, and open space met the requirements of the
zoning district?
\)P&
11) Is the proposed use compatible with surrounding uses in its function, its
hours of operation, the type 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?
tn--k . c i v�ro u =�
12) Is the Special Exception consistent with the goals, objectives and policies
of the Comprehensive Plan?
13) Is the Special Exception consistent with the intent of the zoning district
with which the Special Exception is sought?
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`,ACLO i
15) Should the Special Exception be granted with any noted limitations,
restrictions and/or conditions? '
+�O
16) Should the Special Exception be specifically granted to the petitioner or
run concurrently with the property?
4- ��ov03, \oQ- crc���Z�
8
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This Document Prepared By and Return to:
GrayRobinson, P.A.
ATTN: Stacy L. Horan
1800 W. Hibiscus Blvd., Suite 138
Melbourne, FL 32901
Parcel ID Number: 24-37-23—CG-69-3
Warranty Deed
CFN 2005006196 0 -06-2005 02:42 pm
OR Book/Page: 5406 / 4227
ScottEllis
Clerk Of Courts, Brevard County
#Pgs: 1 #Names: 3 .
Trust: 1.00 Rec: 9.00 Serv: 0.00
^--a• 2,975.00 'Excise: 0.00
Mtg: 0.00 nt Tax: 0.00
This Indenture, Made this 5th day of January , 2005 A.D., Between
James B. Bickford, a married man joined by Gisele Bickford, his wife
of the County of Brevard , State of Florida , grantor, and
American Legion Post 348 (Challenger 7) Inc., a Florida non—profit
Corporation
whose address is: 105 Lincoln Avenue, Cape Canaveral, FL 32920
of the County of Brevard Stated' Florida , grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of
TEN DOLLARS ($10) DOLLARS,
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, successors and assigns forever, the following described land, situate,
lying and being in the County of Brevard State of Florida to wit
Lots 3 and 4, Block 69, AVON BY THE SEA, according to the Plat
thereof as recorded in Plat Book 3, Page 7, Public Records of Brevard
County, Florida.
Subject to zoning, prohibitions and other requirements imposed by
governmental authority, restrictions and matters appearing on the
plat or otherwise common to the subdivision and public utility
easements of record; this reference to said restrictions shall not
operate to reimpose the same.
a d re grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.
tness Whereof, the ptantor has hereunto set his hand and seal the day and year first above written.
in pur Dregence:
Printed
Witness
Name: Dmt 64-)0641
STATE OF Florida
COUNTY OF Brevlltttui
The foregoing instrume4Q3, �cklQ , 6ped before me this
James B. Bict`f> loti s�afied man
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he is personally known ie frCor he ba produced qi* $lorida
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Gise Bickford
P.O. Address: 124 E Leon Lane, Coct3t
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Brevard County Property Appraiser. Jim Ford
Based on data from the Property Appraiser's Office
This map was compiled from recorded documents and does not reflect
an actuat survey. The Brevard County Board of Commissioners,
Property Appraiser, and Geographic Information Services do not assume
responsibility for errors or ommissions contained hereon.
Produced by: Brevard County Planning & Zoning Office - GIS, June 08, 2005
/4/
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BUFFER DISTANCR 500 FEET
NAP SCALE 15 1:6000 (one inch = 500 feet)
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LEGEND
Notification buffer
Parcel/lot boundaries
Numbers on map correspond to mailing list
Prcl./102-AMER100
Rms300-1.amp
City of Cape Canaveral
July 5, 2005
NOTICE OF PUBLIC HEARING
THE ADJACENT PROPERTY OWNER(S):
Notice is hereby given by the City of Cape Canaveral, that Tracy Rac, Commander, representative for
American Legion Challenger Post 348, Inc., 105 Lincoln Ave, Cape Canaveral, FL 32920 has requested
a Special Exception to Sell Alcoholic Beverages at the American Legion Challenger Post 348
pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-334(C)(6) and
110-332 for the property described as follows:
Legal Description: Lot 3 and 4, Block 69, Avon by the Sea, According to the Plat as
Recorded in Plat Book 3 Page 7, of the Public Records of Brevard County.
Property Address: 105 Lincoln Avenue, Cape Canaveral, FL 32920
In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as 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 Wednesday, August 10, 2005, at 7:30 P.M. in the City Hall
Annex, 111 Polk Avenue, Cape Canaveral, FL.
The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape
Canaveral Board of Adjustment with respect to the above -named property. The final administrative
approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since
your property may be located within 500-feet of this property comments can be made in person or may be
submitted in writing at the Planning and Zoning Board Meeting or mailed to the City Clerk's Office at 105
Polk Avenue, Cape Canaveral, FL 32920.
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 wil 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 dlsabibties 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
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SUBJECT PARCEL. i I I t i
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105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRITERIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property through
the creation of noise, light, vibration, traffic, utility requirements, or stormwater
runoff that would not have been created had the property been developed as a
principle use in the applicable zoning district.
It would appear that alcohol sales on premise will not have adverse impacts to
adjacent property owners that would contribute to the creation of noise, light,
vibration, traffic, utility requirements, or stormwater runoff
2) Will the Special Exception create any unusual police, fire or emergency services?
The sale of alcohol will only marginally affect the added presence of police, fire and
emergency service. No unusual emergency services are needed.
3) 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 setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.?
The sale of alcohol is allowed in the zoning district with the addition of the 'Special
Exception.' The only complications pertain to the landscape buffers. Landscape
buffers need to be updated to meet the current landscape requirements.
4) Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow and control, and emergency access in case of fire
or medical emergency?
As an existing structure there is no additional traffic control required.
5) Is there adequate off-street parking and loading areas available without
creating undue noise, glare, odor or other detrimental effects upon adjoining
property owners?
Adequate off-street parking and loading areas are available without creating undue
noise, glare, odor or other detrimental effects upon adjoining property owners.
6) Is there adequate and properly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)?
There are a full set of utilities available to serve the subject property. The proposed
'Special Exception' does not require further development of utilities and adheres to
the capacity and service levels required by Code.
7) Is there adequate screening and/ or buffering provided to protect and provide
compatibility to adjoining properties?
The 'Special Exception' for the sale of alcohol may require additional screening and/or
buffering to protect and provide compatibility to adjoining properties. There are
insufficient or nonexistent bufferyards throughout the property that need to be
addressed and reconfigured to comply with code.
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?
With regard to signs and exterior lighting the 'Special Exception' for the sale of
alcohol does not appear to worsen the existing conditions or create disharmonies to
adjoining property owners.
9) Is there adequate refuse and service areas?
There is adequate refuse capacity.
10) Do the setbacks, landscaping, and open space meet the requirements of the
zoning district?
As a pre-existing Commercial site, the project meets setbacks and open space
requirements.
11) Is the proposed use compatible with surrounding uses in its function, its
hours of operation, the type 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?
Because of the pre-existing nature of the site, the request should not impact the
structure size, setbacks, land values, or compatibility.
12) Is the Special Exception consistent with the goals, objectives and policies of
the Comprehensive Plan?
This 'Special Exception' request is consistent with the goals, objectives and policies of
the Comprehensive Plan.
2
l�J
13) Is the Special Exception consistent with the intent of the zoning district with
which the Special Exception is sought?
This special exception request can meet the requirements for this zoning district
found in the land development code.
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?
To be recommended by the Planning and Zoning Board and determined by the Board
of Adjustment.
15) Should the Special Exception be granted with any noted limitations,
restrictions and/ or conditions?
To be recommended by the Planning and Zoning Board and determined by the Board
of Adjustment.
16) Should the Special Exception be specifically granted to the petitioner or run
concurrently with the property?
3
If approved, then the special exception with conditions should run concurrently with
the use of the property. If the property converted to another type of use and the
existing uses do not exist, then the special exception should no longer exist.
-cs)
BUILDING OFFICIAL OR DESIGNEE REVIEW
1. Zoning Amendment
2. Variance
3. X Special Exception
4. Administrative Appeal
Contiguous Zoning
North South East West
C1 C1 C1 C1
CONSIDERATIONS
SETBACKS: Yes MEETS CODE
COVERAGE: Yes MEETS CODE
LOT SIZE: Yes MEETS CODE
DENSITY: Yes MEETS CODE
HEIGHT: Yes MEETS CODE
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
ADDITIONAL REFERENCES
PARKING
LOADING ZONE
SETBACKS (A1A Ridgewood/Astronaut)
LANDSCAPING
NON -CONFORMITIES
STRUCTURES
LAND USES
Code Sect.
110-491
NA
NA
110-566-567
NA
NA
NA
Applicability
Yes No
X
X
X
X
NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11)
COMMENTS: No additional comments
Date Reviewed by Building Official or Designee:
Signature:
4
�fJ
City of Cape Canaveral
Special Exception
American Legion Challenger Post 348 Inc
Applicant:
Location:
Existing Amendment Acreage:
Existing 15 DU per acre:
Proposed Number of Units:
Proposed Density:
Current Future Land Use:
Current Zoning:
American Legion Challenger Post 348 Inc
Range: 37E Township: 24S Section: 23
C-1 Commercial: Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Commercial C-1
Description:
The applicant desires to obtain a "Special Exception' for the sale of Alcohol that will
enable the American Legion Post Home social club to serve Alcoholic beverages to its
members. The property is currently occupied by a one story (3,940 s.f.) building with
adjacent square footage for the provided parking. The proposed acquisition of the
`Special Exception' for the sale of Alcohol will in no way negatively affect the
neighboring property owners or existing infrastructure.
North
South
East
West
Zoning
Cl Commercial
Cl Commercial
C1 Commercial
C1 Commercial
Comp Plan
C2 Commercial
C2 Commercial
C2 Commercial
C2 Commercial
Existing
Conditions
Commercial
Commercial
Commercial
Commercial
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is one (2) acres of park land per 1,000
residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral.
This equates to a population of approximately 12,000 residents. The proposed acquisition
of the `Special Exception' for the sale of Alcohol will have no burden or negative affect
on parks and recreation.
A1A is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. A1A from Central Blvd to North Atlantic has a level
of Service is "A" with 325 excess trips. The proposed acquisition of the `Special
Exception' for the sale of Alcohol will have only marginal affects on AlA LOS due to an
increase in parking capacity.
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment
capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an
excess capacity of .54 MGD. The proposed acquisition of the `Special Exception' for the
sale of Alcohol will have no burden or negative affect on wastewater treatment.
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. The proposed acquisition of the `Special Exception' for the sale of
Alcohol will have no burden or negative affect on water.
Brevard County provides facilities for solid waste disposal. At this time, the County
does not foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The site has existing development and has met all the requirement of environmental
regulation. The proposed acquisition of the `Special Exception' for the sale of Alcohol
will have no burden or negative affect on environmental regulation.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archaeological resources on site.
Population Projections and Trends:
The proposed acquisition of the `Special Exception' for the sale of Alcohol will have no
burden or negative affect on population projections and trends.
CON
Of,
CON
_••._••• ._•
PUB
BANANA RIVER BR92
BR95
BR91
BR90
f3R94
BR93
BR98
FUTURE LAND USE
Cl COMMERCIAL
C2 COMMERCIAUMANUFACTURING
M1 INDUSTRIAL
R1 RESIDENTIAL
R2 RESIDENTIAL
R3 RESIDENTIAL
PUB PUBLIC/RECREATION
CON CONSERVATION AREA
ARCHAELOGICAL SITE
SCALE:
0 500 1 000
CITY OF CAPE CANAVERAL
LOCAL COMPREHENSIVE PLAN
FUTURE LAND USE MAP
Figure 7-3
7
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631 South Orlando Avenue, Suite 200
Winter Park, Florida 32789
(t) 407.629.8880 (f) 407.629.7883
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FROM :CITY OF CAPE CANAVERAL
FAX NO. :321 868 1247
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MEMORANDUM
TO: Todd Morley,
Building Official
FROM: Todd Peetz
City Planner
DATE: August 1, 2005
RE: American Legion Special Exception to sell Alcoholic Beverages
Please review the special exception worksheet.
If you have further questions, please feel free to contact me at 407-629-8880.
MEMORANDUM
TO: Todd Morley, CBO
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 1, 2005
RE: Special Exception Request No 05-04
American Legion
The Public Works Department has reviewed the special exception request and
does not have any comments or concerns.
Todd Peetz
Front: John Cunningham dcunningham@(CVfd.arg]
Sent: Tuesday, July 19, 2005 11:32 AM
To: Todd Peetz
Subject: Re: American Legion ! Special Exception 35-04
Todd.
I have reviewed the special exception and have no comment at this time
John Cunningham
Asst. Fire Chief!Fire Marshal
Cape Canaveral Volunteer Fire Dept.
190 Jackson Ave
Cape Canaveral, Ft. 32920
Office: (321) 783.477/
Fax: (321) 783-5398
http:l/yn .q viol—Q :i
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PLANNING & ZONING BOARD
MEETING MINUTES
August 10, 2005
A Regular Meeting of the Planning & Zoning Board was held on August 10, 2005, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely
Leo Nicholas
Lamar Russell
John Fredrickson
Donald Dunn
Alice Filteau
Shawn Schaffner
OTHERS PRESENT
Duree Alexander
Todd Peetz
Anthony Garganese
Rocky Randels
Robert Hoog
Bennett Boucher
Todd Morley
NEW BUSINESS:
1.
Chairperson
Vice Chairperson
1st Alternate
2"4 Alternate
Recording Secretary
City Planner
City Attorney
Mayor
Mayor Pro Tem
City Manager
Building Official
Approval of Meeting Minutes: July 27. 2005.
A motion by John Fredrickson, seconded by Leo Nicholas to approve the meeting
minutes of July 27, 2005, as presented. Vote on the motion carried unanimously.
NEW BUSINESS:
1. Recommendation to the Board of Adjustment Re: Special Exception Request No.
05-04 to Allow On Premise Consumption of Alcoholic Beverages in the C-1
Zoning District (105 Lincoln Avenue) - Tracy Rac. Commander. Designated
Agent for American Legion Post 348, Inc.. Petitioner.
City Planner, Todd Peetz, gave an overview of the request to allow on -premise
consumption of alcoholic beverages in the C-1 zoning district.
Tracy Rac, Commander of the American Legion, addressed the Board and stated that
the American Legion Post was previously located at 8169 Canaveral Blvd. She stated
that the new location has sufficient parking and their hours of operation are from 10 am
until 11 p.m. Board member, Shawn Schaffner, asked if the organization was currently
serving alcoholic beverages. Ms. Rac responded that they are currently serving
alcoholic beverages on a donation basis.
Planning & Zoning Bob, d
Meeting Minutes
August 10, 2005
Page 2
Motion by Alice Filteau, seconded by Lamar Russell, to recommend approval of the
Special Exception. Vote on the motion carried unanimously..
2. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 05-05 to Allow Extension of Area to Serve Alcoholic Beverages (1000
Shorewood Drive, Cape Caribe) - Ron Jon Hospitality, Inc., Designated Agent for
Cape Caribe Association, Inc., Petitioner.
City Planner, Todd Peetz, gave an overview of the request to expand the existing use to
serve alcoholic beverages by the pool area. He stated that they would not be adding
parking or increase the current seating.
Jack Kirschenbaum, Attorney representing the applicant, addressed the Board on behalf
of Ron Jon's. Mr. Kirschenbaum advised that Ron Jon's was the property owner's
tenant. Mr. Kirshenbaum displayed a poster board explaining the boundaries of the
property, the presently leased area, and a drawing of the proposed extension of the
leased area. He continued by stating that the entire facility was fenced, and access was
granted to the facilities with the use of a guest key. He further explained that the
restaurant was open to the public, but patrons could not gain access to the pool area
without a guest key. He stated that presently a guest, with the use of a guest key may
purchase a drink and take it to the pool area to consume.
Chairperson Bea McNeely asked if food would be included in this service. Mr.
Kirschenbaum replied that it would. Board Member, Shawn Shaffner, asked if they had
plans to provide live entertainment. Mr. O'Keefe, representative of Ron Jon Hospitality,
Inc. replied that they currently provide live entertainment during the day; however there
were no plans at this time to have live entertainment during the evening hours.
There were comments from the audience regarding concerns about the noise coming
from the pool area.
A motion was made by Bea McNeely, seconded by Lamar Russell, to recommend
approval to allow the expansion of the special exception to serve alcoholic beverages.
Vote on the motion carried by a majority as follows: John Fredrickson, for; Bea McNeely,
for; Leo Nicholas, for; Lamar Russell, for; Alice Filteau, against.
3. Recommendation to the Board of Adjustment Re: Variance Request No. 05-06
to Allow a Conveyor Belt to be Located Within the Required Setbacks - (245
Challenger Road) - Randy May. Designated Agent for Ambassador Services,
Inc., Petitioner.
City Planner, Todd Peetz, gave an overview of the request. He advised that the request
is for a Variance to construct a conveyor belt from the Port Canaveral property to the
Petitioner's property located in Cape Canaveral. He noted that the structure will be
crossing several property lines, as well as, right-of-way easements. He explained that a
property search revealed there were three different owners of the properties in question,
and that staff has requested that there be some type of joining or Unity of Title of the
properties to reduce the number of property lines to be crossed.
Meeting Type: Board of
Adjustment Meeting
Meeting Date: 8/29/05
AGENDA REPORT
PLANNING AND ZONING BOARD
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Special Exception 05-05
Item
No.
3
SUBJECT: Special Exception Request 05-05 to allow the expansion of on -premise consumption of
alcoholic beverages, Cape Caribe Resort
DEPT./DIVISION: Building Department
Requested Action:
Consider recommendation from Planning and Zoning Board to approve an expansion of a special exception for on -premise
consumption of alcoholic beverages.
Summary Explanation & Background:
The applicant is the Ron Jon Hospitality, Inc., they have requested an expansion of a special exception to serve on -premise alcoholic
beverages.
Exhibits Attached: #1 Application, #2 Applicant information regarding the special exception, #3 Legal description and owner related
information, #4 Notification to Surrounding Property Owners, #5 Staff Report and comments on the Special Exception, #6 letters from
the public.
City Planner's Office
Department: Building Department
City of Cape Canaveral
Building Department
(Please Print Legibly or Type)
Y6
DATE FILEDq -65 FEE PAI ::2fib,(t) DEPOSIT i,353: 29
RECV'D BY: I , P, ($250.00 Filing Fee is non-refundable)
NATURE OF REQUEST
Sada( E)(c ors ko5 os
Special Exception is for what purpose (Brief Description) To extend the leased area
to provide for the saleof food and alcohol to the exteded lease area.
Address of request (if applicable) 1000 Shorewood Drive Cape Canaveral , FL 32920
Legal Description: Lot N / ABlock N / AParcel 59 Subdv N / A
Section 14 Township 2 4 S Range 37F.
STATEMENT OF FACT: State of Florida, County of Brevard;
Edward L . Moriartybeing duly sworn, depose and say that
I am the property owner.
X I am the owner(s) designated agent. (notarized authorization required)
Owner(s) Name(s): Cape Carib Assoriat-inn., Tnr_
Address: 710 North Plankinton Avenue Milwaukee, WI 53203
414-274-247h9N/A
Home Phone N / A Work Phone M
Applicant(s) Names(s): Ron Jon Hospitality, Inc.
Address: 3850 S. Banana River Blvd. Cocoa Beach, FL 32931
Home Phone N/A Work Phon21-799-888 -Mail N/A
All information, sketches and data contained and made part of this request, are honest
and true to the best of my knowledge and belief.
Signature of Applicant
Sworn to and subscribed before me on this I% dap of -a-t-c- he- 20 C$
JANINA L. KCJLthti--'
Notary Public, State of Florida
My comm. exp. Mar. 5, 2008
Comm. No. DD 277522
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 )
Notary Public, State of Florida
2
I e-1 11? c..€. Ci
1,iio3, 1
City of Cape Canaveral
APPLICATION FOR SPECIAL EXCEPTION
This application must be legibly completed and returned, with all enclosures
referred to therein, to the Building Department, a minimum of Thirty (30) days
(sixty (60) days for Telecommunications Towers) prior to the next regularly
scheduled meeting in order to be processed for consideration by the Planning &
Zoning Board for study and recommendation to the Board of Adjustment. The
owner or 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
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, 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) 868-1777
DATE: June 17, 2005
1. NAME OF APPLICANTS) Ron Jon Hospitality, Inc.
ADDRESS (if assigned)3850 S. Banana River Blvd. Cocoa Beach, FL 32931
PHONE # 321-799-8888 FAX # 321-868-7558 E-MAIL N/A
2. COMPLETE LEGAL DESCRIPTION OF PROPERTY:
LOT: N/A BLOCK: N/A SUBDIVISION: N/ A
PARCEL: 59
SIZE OF SUBJECT PROPERTY IN ACRES: 26
SECTION: 14 TOWNSHIP 2 4 S '•ANGE 3 7 E
DESCRIPTION: Cape Caribe Resort
3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS
SOUGHT
(EXAMPLE, ARTICLE X, SECTION 2) 1 1 0 -1 71 and 1 10 - 3 3 4 ( c ) (6 )
4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE
APPLICATIONS MAY RESULT IN DENIAL OF REQUEST)
Attached
5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, C-2, R-1, R-2, M-1
ETC.)
c-1
6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE
DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE:
(a) Adequate ingress and egress may be obtained to and from the property,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and emergency access in case of fire
or medical emergency.
4
(b) Adequate off-street parking and loading areas are provided without
creating undue noise, glare, odor or detrimental effects upon adjoining
properties.
(c) Adequate and properly located utilities are available or may be reasonably
provided to serve the proposed development.
(d) Adequate screening and/or buffering will be provided to protect and
provide compatibility with adjoining properties.
(e) Signs and exterior lighting, if any, will be so designed and arranged so as
to promote traffic safety and to eliminate or minimize any undue glare,
incompatibility, or disharmony with adjoining properties and will be
permitted and in compliance with all adopted codes and ordinances.
(f) Refuse and service areas, with particular reference to the issues relating to
(a) and (b) above.
(g) Required setbacks and other open space.
(h) Height.
(i) Landscaping.
(j) Renewal and/or termination dates relating to a lease, if applicable.
(k) That the proposed use will be reasonably compatible with surrounding
uses in its 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 (attach additional sheet if necessary):
To extend the leased area to provide for the sale of food
and alcoholic beverages to the extended lease area.
5
THE FOLLOWING ENCLOSURES ARE NEEDED TO COMPLETE THIS
APPLICATION:
*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")
x 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: Brevard County Property Appraiser
x A property map showing properties within the 500 ft. radius, clearly
outlining the subject property.
_x. 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 prop?rty.
•
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.
6
V
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRITERIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property
through the creation of noise; Light, vibration, traffic, utility requirements, or
stormwater runoff that would not have been created had the property been
developed as a principle use in the applicable zoning district.
Attached
2) Will the Special Exception create any unusual police, fire or emergency services?
The Special Exception will not create any unusual police, fire, or
emergency services than those currently encountered or anticipated
at the Cape Caribe Resort.
3) 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 setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.? The Special Exception meets all requirements of
the C-1 zoning district as previously approved by the City on
June 6, 2001 for the Cape Caribe Resort.
4) Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, • traffic flow and control, and emergency
access in case of fire or medical emergency? There is adequate ingress and egress
for auto and pedestrian safety and convenience, traffic flow and control
and emergency access to the Resort as required in the approved site plan
fo th eIs thlhesrt
5 ereoadequate off-street parking and loading areas available without creating
undue noise, glare, odor or other detrimental effects upon adjoining property
owners? There are plenty of on -site parking and loading areas
around the premises and they will not create any unusual detrimental
effects to the adjoining property owners per the use provided for in the
or gin p rov d s'te an
6� aIs tyre adPequae a'c pr'operly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)? There are
adequate and properly located utilities for this site. The utilities
were approved according to the approved site plan for the Cape Caribe
Resort.
7) Is there adequate screening and/or buffering provided to protect and
provide compatibility to adjoining properties? There is plenty of screening
and buffering aidscape designed into the site to provide compatibility
to adjoing properties according the the approved site plan for the
Resort.
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? Attached.6CL\
7
9) Is there adequate refuse and service areas? There are adequate refuse and
service areas for the restaurant, pool side bar and pool area.
10) Do the setbacks, landscaping, and open space met the requirements of the
zoning district?A11 setabcks, landscaping and open space requirements
have been met for the C-1 zoning district according to the site plan
approved for the Cape Caribe Resort.
11) Is the proposed use compatible with surrounding uses in its function, its
hours of operation, the type 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?
Attached
12) Is the Special Exception consistent with the goals, objectives and policies
of the Comprehensive Plan?
Attached
13) Is the Special Exception consistent with the intent of the zoning district
with which the Special Exception is sought? The Special Exception is
consistent with the intent of the zoning district C-1.
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?The petitioner has met the
minimum requirements for the Special Exception and believes it has
demonstrated entitlement to the Special Exception and that the approval
will not adversely gffect the public interest.
15) Should the Special Exception be granted with any noted limitations,
restrictions and/or conditions? Thy• petitioner respectfully requests
that the Special Exception be granted without any noted limitations,
restrictions and/or conditions.
16) Should the Special Exception be specifically granted to the petitioner or
run concurrently with the proper? The petitioner, as a representative
of the owner, request that the pecial Exception run concurrently
with the property as it is an integral part of the operation of the
Cape Caribe Resort.
Question 1
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
ATTACHMENT
The property has been developed within the C-1 zoning classification as a hotel
and the use requested in the application is consistent with the original approved
site plan for the Cape Caribe Resort. The Special Exception requested in this
application will not create any adverse impacts to the property owners adjacent
to the Cape Caribe Resort.
Question 8 All signs and exterior lighting for the Resort, restaurant and bar were designed by
experienced consultants to promote traffic safety and to eliminate incompatibility
and disharmony with adjoining properties.
Question 11 The proposed use is 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. The consumption of alcoholic beverages and food in
the extended lease area will not create any additional or unusual compatibility
issues. The restaurant and poolside bar and pool area will be used primarily by
the owners and guests staying at the Cape Caribe Resort.
Question 12
The Special Exception is consistent with the goals, objectives and policies of the
City of Cape Canaveral's Comprehensive Plan in as much as the Special
Exception for the consumption of alcoholic beverages is an ancillary use to the
restaurant operation within the Cape Caribe Resort as depicted on the site plan
approved by the City of Cape Canaveral on June 6, 2001, as amended. The City
determined that the site plan was consistent with the City's Comprehensive Plan
for compliance with, but not limited to the following: Section 3, Infrastructure
Element; Section 4, Transportation Element; Section 6, Housing Element and
Section 7, Future Use Element.. The addition of the consumption of alcoholic
beverages in the extended leased area will not create any additional or adverse
impact to noise, traffic and traffic safety, utility requirements, parking, loading,
or refuse that exists currently in the operation of the restaurant without
consumption of alcoholic beverages.
EXHIBIT "A"
J,egal Description
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida being more
particularly described as follows:
Commence at the Northwest comer of said Section 14; thence North 89° 43' 34" East, along the North line
of the Northwest one -quarter of said Section 14, a distance of 2,639.94 feet, to the North one -quarter corner
of said Section 14; thence North 89° 45' 43" East, along the North line of the Northeast one -quarter of said
Section 14, a distance of 11.60 feet, to the Northeast corner of lands described in Official Records Book
3830, Page 1294 of the Public Records of Brevard County, Florida and the POINT OF BEGINNING of the
herein described parcel; thence continue, North 89° 45' 43" East, along the North line of the Northeast one -
quarter of said Section 14, a distance of 871.96 feet thence South 01° 29' 01" East, a distance of 500.12 feet;
thence South 89° 45' 43" West, a distance of 878.76 feet, to a point on the East line of said lands described
in Official Records Book 3830, Page 1294; thence North 00° 42' 17" West, along thc East line of said lands,
a distance of 500.02 feet, to the POINT OF BEGINNING.
IW\\I1II1I1It!
CFN.2000092701 • 0061
OR Book/Page: 4166
2
Exhibit A
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida,
• being more particularly described as follows:
Commence at the. Northwest comer of said Scotian 14; theaco N89°4334"11., *along the
North lino of the Northwest one -quarter of said Section 14, a distance ot2,63994 feet, to
the North ono -quarter corner of said Section 14; thence N89°45'43"B, along the North
line of the Northeast one -quarter of said Section 14, a distance of 883.56 foot, to the
POINT OF BEGINNING- of the herein described parcel; thence continuo. N89°451431B,
along the North line of the Northeast ono -quarter of said Section 14, a distance of 435.60
feet, to ' the .Northwest comer of Govornzaent Lot ' 1 of said Section 14; thence
SO1"29'01"E, along the West line of said Clover i nent Lot 1, a distaaoc of 790.19 feet, to
a point on the South line of the North 790.00 feet of said Government Lot 1; thence
N89°45'43"E, along said South line, a distance of 260.06 feet, to a point on the East line
of the Wcst 260.00 feet of said Govorm1 Lot 1; thence N01°29'01"W, along said East
lino, a distance of 530.13 foot, to a point on the South lino of the North 260.00 foot 'of said
Government Lot 1.; tii rr' N89545143'B, along said South line, a distance of 1,554.47
feet, to a point on the Erosion Control Line of the Atlantic Ocean as -shown on that survey
approved by the Trustees of the Internal Improvement Trust Fund' of the State of Florida
on December 18. 1973, cad recorded in Survey Book 2 Pages 6 through 11 of the Public
Records of Brevard Cotmty. Florida; thence S17°57'36"W, along said Brosiqn Control
Line, a distance of 770.71 feat, to a point on tho North line of the South 330.00 foot of
said Government Lot 1; thcnoo 889°4633'W.' along said North line, a distance of
1,557.93 feat, to a point on the Wcst line of said Government Lot 1; thcnco SO1°29'Ol1B,
along said West line and its Southerly extension, a distance of 528.24 feet, to a point on
the North lino of lands doscdbed In Deed Book 177, Pago 118 of the. Public Records of
Brevard County, Plorida; them,. 589°45143"W, along said North line, a distance of
456.45 feet, to the Northwest corner of said lands; thence SOO°26'53"W, along the West
lino of said lands, a distance of 102.77 feet, to a point on the North lino of The Villages
Of Seaport, A Condominium, as described in Official Records Book 2598, Page 135 of
the Public Records of Brevard County, Florida; thence. S89°52'21"W, along said.North
line, a distance of 603.15 feet; thane N01°29'01"W, a distance of 1;121.77 feet; thence
N89°45'43"E. a distance of 627.44 fee# thence N01°29'01"W, a distance of 500.12 feet.
to the POINT OF BEGINNING; Containing 56.48 acres, more or less. '
This Instrument prepared by:
After recording, please retum to:
Sanford N. Reinhard, Esq.
2875 N.E. 191et Street, Suite 404
Aventura, FL 3318D
I I �RBI 'Ilu
CFN:99051185 03-16-99 08:37 am
OR Book/Page: 3980 / 1996
• Sandy Crawford
Clerk Of Courts, Brevard County
#PAs:2 #Names: 2
Trust 1.50 Rea 9.00 Sew: 0.00
Deed: 50,400.00 Excise: 0.00
Mt°' 0.00 int Tax o.00
WARRANTY DEED
THIS INDENTURE, made on0`I9 R , between PHIL RUFFIN, ("Grantor'),
and SOLANA DEVELOPMENT, INC., a Florida corporation, ("Grantee'), whose post office address is:
.7/6 r.l. PI- RA/ K N /TO.iJ, 14 L /<JA&Sf, CO . 53..203.
WITNESSETH:
That said Grantor, for and in consideration of thesum of Ten Dollars ($10.00) and No/100 and
other good and valuable •considerations to them in hand paid by said Grantee, the receipt whereof is
hereby acknowledged, have granted, bargained and sold to.the said Grantee and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in BREVARD County, Florida, to wit:
See Exhibit "A" attached hereto and made a part hereof
Tax Folio No.:
This property is not homestead property and Is not contiguous to homestead property and
the principal residence of the grantor Ism f5' 2. .,o
w ►�h r 9-4) A- tir saJ 6 ' . / 7
This conveyance Is subject to the matters set forth on Exhibit "B".
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 same against lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
Signed. sealed and delivered
in the presence of:
Wit,►ice
IN
'Printed name: - AddressPHIL :® 13 a yt 110 el
C'U' 1 t k: a--1 ) 6y.i 1 r f
UVitn
Printed name:
STATE OF NEVADA
COUNTY OF 0 Cl A &. )
) ss.
The foregoing Instrument was acknowledged before me onQ d S- tt"`tf1 by PHIL
RUFFIN, who is personally known to me, or has produced0 .i7.2rvr 4.c-s,,.se- as
identification, and who did/did not take an oath.
Print Name: bet., a> t,as VA ).r Parr,..,
My Commission expires: 1443 V1, -- NOTARY PUBUC, STATE OF Nev A Q A
F:%MP iu6Mn dNd.wpd
▪ • ti
INSTRUMENT PREPARBbifY,
* RECORD AND RETURN TO:
Sanford N. Reinhard, Esquire
SANFORD N. REINHARD,P.A.
• 2875 N.E.191" Street, Suite 404
Aventura, Florida 33180
•
III.
lillll 11111 I ' Ill
CRd:2000092701 05-19-2000011:5g am
: OR•Soow age : A1t6. / • 0060
:- I•�'S'andy'`'<i'rawio'rdr' :..
Clerk Of Courts. Brevard County
#Pgs: 2 • 1N•1arnea:2 • sery o.00
Trust 1.50 Rea 9.00 Excise:. 0.00
Mtgp: : 0 . ►ntTax: 0.00
Mt0.00
for Recorder's Office
CORRECTIVE WARRANTY DEED
THIS INDENTURE, made this t y day of May, 2000, between PHII. RUFFIN , ("Grantor"), whose
post office address is 1522 South Florence, Wichita, Kansas, 67209 and VACATION OWNERSHLP OF CAPE
CANAVERAL, INC., a Florida corporation, ("Grantee"), whose post office address is: 710 N. Plankinton Avenue,
IvMilwaukee, Wisconsin 53203.
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars (S 10.00) and No/100 and other good
and valuablb considerations to them in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have
granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land,
situate, lying and being in BREVARD County,. Florida, to wit: . } ....
See Exhibit "A" attached hereto and incorporated herein.
Tax Folio No.: 24371400�19
This property is not homestead property and is not contiguous to homestead property and the principal
residence of the Grantor is 1522 South Florence, Wichita, Kansas 67209: The .property is vacant and
a
unim roved. This Deed is being recorded to correct a scrivener s error in the
legl r1esc'ription on Deed recorded in O.R. Book 4122, Page 2004, Public Records
TO HAVE AND TO HOLD the same in fee simple forever. of Brevard County' Florida.
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 same against lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above
written.
Signed, Reeled and delivered
_in:the presence of:
Witness
Print Name:
STATE OF KANSAS
COUNTY OF SEDGWICK
•
• r
PHIL RUFFIN
Address:. PD , 00x. 170 �7•
W:eh i ,tcs 67J!
) ss.
nt was acknowledged before me this 9 day of May, 2000 by PHIL RUFFIN,
, or has produced as identification, and who
My Commission expires: 3-.Z-r- °j
l/l i IVI RRESTER
Notary Public St. of Kansas
My AppL tip -�•z 3.'_3
CAPE CARIBE ASSOCIATION, INC.
710 North Plankinton Avenue
Milwaukee, WI 53203
Phone (414) 274-2479 * Fax (414) 274-2728
June 14, 2005
Mr. Tom O'Keefe
Ron Jon Hospitality, Inc.
3850 S. Banana River Blvd.
Cocoa Beach, FL 32931
Re: Expanded Food and Beverage Services — Power of Attorney
Dear Tom,
Enclosed please locate the power of attorney certificate issued by Cape Caribe
Association, Inc. to Ron Jon Hospitality, Inc. My letter dated April 21, 2005 allowing for
the expansion of food and beverage services should be executed and made a part of this
power of attorney certificate. This letter agreement relative to the expanded food and
beverage services will not become effective until Ron Jon obtains all the necessary
permits and approvals from the various authorities.
As we have discussed, we advise Ron Jon to be cautious during the application for a
Special Exception since it will likely be held in a public forum and the potential for
adverse outcomes can happen. Obviously, we are not aware of any adverse issues but in
public meetings issues can surface which can sway the Board to decide in unintended
ways.
If you have any further questions please do not hesitate to contact the undersigned.
Sincerely,
CAPE CARIBE ASSOCIATION, INC
Joh(R. Grandlich
JRG/jah
Cc. Jim Borris
Mark Madigan
Power of Attorney
On this 10th day June, 2005, Cape Caribe Association, Inc. ("Cape Caribe")
does hereby appoint Ron Jon Hospitality, Inc. ("Ron Jon") as its Attorney -
in -Fact to serve as
follows:
Attorney -in -Fact Powers:
For the singular purpose as described below:
To request, on behalf of Cape Caribe, a Special Exception from the City of
Cape Canaveral for the "Expanded Restaurant Premises" granted Ron Jon by
Cape Caribe (as more fully described in that certain letter dated April 21,
2005 from Cape Caribe to Ron Jon Exhibit A — attached hereto).
The Special Exception is for the purpose of permitting the serving and
consumption of alcohol on the Expanded Restaurant Premises.
Durability:
This Power of Attorney shall remain in effect until the earlier of the approval
of the Special Exception to be requested or the expiration of a 120 day
period, that begins with the date of this Power of Attorney.
Governing Law:
This power of attorney shall be governed by and construed according to the
laws of the State of Florida.
Cape Caribe Association, Inc.
By,
Title t" I h (Act t Prvr�
State of Wisconsin
County of Milwaukee
The foregoing instrument was sworn to and acknowledged before me, an
officer duly authorized in the State and County aforesaid, to administer oaths
and take acknowledgements, this 10`h day of June, 2005 by John R.
Grandlich, Vice President of Cape Caribe Association, Inc., who
is personally known to me.
My Commission is permanent.
(Seal)
Notary Public, Milwaukee County,
Wisconsin
(Print Name) Mark S.
C�
July 6, 2005
NOTICE OF PUBLIC HEARING
TO THE ADJACENT PROPERTY OWNER(S):
Notice is hereby given by the City of Cape Canaveral, that Ron Jon Hospitality, Inc., 3850 S. Banana
River Blvd., Cocoa Beach, FL 32931, representing Cape Caribe Association, Inc., , has requested a
Special Exception to Sell Alcoholic Beverages in the Pool Deck Area pursuant to the Cape
Canaveral Code of Ordinances, Zoning Regulations, Section 110-171 and 110-334(C)(6) for the property
described as follows:
Legal Description: Section 14, Township 24S, Range 37E, Parcel 59.
(1000 Shorewood Drive, Cape Canaveral, FL 32920)
In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as 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 Wednesday, August 10, 2005, at 7:30 P.M. in the City Hall
Annex, 111 Polk Avenue, Cape Canaveral, FL.
The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape
Canaveral Board of Adjustment with respect to the above -named property. The final administrative
approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since
your property may be located within 500-feet of this property comments can be made in person or may be
submitted in writing at the Planning and Zoning Board. Meeting or mailed to the City Clerk's Office at 105
Polk Avenue, Cape Canaveral, FL 32920.
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 wiI need a record of the proceedngs, and for such purpose that poison 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 slowed by law. Persons with disabilities needing assistance to participate in any of these
proceedings should contact the City Clerks office (868-1221), 48 hours in advance of the meeting.
Susan Stills, CMC
City Clerk
RADIUS MAP
HGW PARK LA
1 I 1 I I I I 1 1 1 1 ( l sl I\ 1 I 1 1 1 1 1 1 11 1 1 1 1 1
APPLICANT NAME(S)/ADDRESS;
COX, CARLA - RON JON'S SURF SHOP
OWNER NAME(S)/ADDRESS
Pal/102 - RIONS00
Brevard County Property Appraiser. Jim Ford
Based on data from the Property Appraiser's Office
This map was compiled from recorded documents and does not reflect
an actuat survey. The Brevard County Board of Commissioners,
Property Appraiser, and Geographic Information Services do not assume
responsibility for errors or ommissions contained hereon.
Produced by: Brevard County Planning & Zoning Office - GIS, June 03, 2005
BUFFER DISTANCF 500 FEET
MAP SCALE IS L•6000 (one inch = 500 feet)
/A
N
LEGEND:
Notification buffer
Parcel/lot boundaries
Numbers on map correspond to mailing list
aojnSooa.anp
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
WORKSHEET
The purpose of this worksheet are two -fold: (1) to assist the Planning and Zoning Board
and the Board of Adjustment in the evaluation of all criteria relevant to the application;
and (2) to educate the applicant as to the criteria which must be addressed and satisfied
prior to beginning the special exception consideration process. If the applicant can not
satisfactorily address one or more of the following, this should serve as a preliminary
indication that the request for special exception may be rejected or that the application
may not be acceptable for processing.
CRl'1'FRIA (Building Official or Designee to Verify)
1) Does the Special Exception create any adverse impact to adjacent property through
the creation of noise, light, vibration, traffic, utility requirements, or stormwater
runoff that would not have been created had the property been developed as a
principle use in the applicable zoning district.
It would appear that no additional adverse impacts to adjacent property owners that
may emit from the creation of noise, light, vibration, traffic, utility requirements, or
stormwater runoff would affect the extension of the alcohol service area.
2) Will the Special Exception create any unusual police, fire or emergency services?
The extension of the allowable alcohol service radius will not create additional
unusual service needs.
3) 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 setbacks
requirements, lot coverage, height, buffers, off-street parking, signs, storage,
landscaping, etc.?
The extension of the alcohol service area is allowed in the zoning district with the
addition of the special exception. There are no changes to the existing facility being
recommended.
4) Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow and control, and emergency access in case of fire
or medical emergency?
The proposed extension of the alcohol service area will have no affect on the existing
ingress and egress.
5) Is there adequate off-street parking and loading areas available without
creating undue noise, glare, odor or other detrimental effects upon adjoining
property owners?
Based upon the pre-existing hotel and parking garage it would appear that adequate
off-street parking is available. �� 't2:1
6) Is there adequate and properly located utilities available or may be
reasonably provided to serve the proposed development (if applicable)?
There are a full set of utilities available to serve the subject property. The proposed
'Special Exception' does not require further development of utilities and adheres to
the capacity and service levels required by Code.
7) Is there adequate screening and/or buffering provided to protect and provide
compatibility to adjoining properties?
The extension of the alcohol service area does not require additional screening and/or
buffering to protect and provide compatibility to adjoining properties. The existing
bufferyards are adequate for the proposed 'Special Exception'.
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?
The extension of the alcohol service area does not appear to worsen the existing
conditions or create disharmonies with the adjoining properties.
9) Is there adequate refuse and service areas?
There is adequate refuse capacity.
10) Do the setbacks, landscaping, and open space meet the requirements of the
zoning district?
As a pre-existing Commercial site, the project meets setbacks and open space
requirements.
11) Is the proposed use compatible with surrounding uses in its function, its
hours of operation, the type 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?
Most of the site is a pre-existing use, there should be no additional impacts with
traffic, structure size and setbacks.
12) Is the Special Exception consistent with the goals, objectives and policies of
the Comprehensive Plan?
This special exception request is consistent with the goals, objectives and policies of
the Comprehensive Plan.
2
13) Is the Special Exception consistent with the intent of the zoning district with
which the Special Exception is sought?
This special exception request can meet the requirements for this zoning district
found in the land development code.
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?
To be recommended by the Planning and Zoning Board and determined by the Board
of Adjustment.
15) Should the Special Exception be granted with any noted limitations,
restrictions and/or conditions?
To be recommended by the Planning and Zoning Board and determined by the Board
of Adjustment.
16) Should the Special Exception be specifically granted to the petitioner or run
concurrently with the property?
If approved, then the special exception with conditions should run concurrently with
the use of the property. If the property converted to another type of use and the
existing uses do not exist, then the special exception should no longer exist.
3
0
BUILDING OFFICIAL OR DESIGNEE REVIEW
1. Zoning Amendment
2. Variance
3. X Special Exception
4. Administrative Appeal
Contiguous Zoning
North South East West
Port R3 C1 R3
CONSIDERATIONS
SETBACKS:
COVERAGE:
LOT SIZE:
DENSITY:
HEIGHT:
Yes MEETS CODE
Yes MEETS CODE
Yes MEETS CODE
Yes MEETS CODE
Yes MEETS CODE
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
CODE VIOLATION (Describe)
ADDITIONAL REFERENCES
PARKING
LOADING ZONE
SETBACKS (A1A Ridgewood/Astronaut)
LANDSCAPING
NON -CONFORMITIES
STRUCTURES
LAND USES
Code Sect.
110-491
NA
NA
110-566-567
NA
NA
NA
Applicability
Yes No
X
X
X
X
NOTE: The Planning & Zoning Board should also review Section 110-47 (1-11)
COMMENTS: No additional comments
Date Reviewed by Building Official or,Desig ee:
Signature:
4
C?Lic-
City of Cape Canaveral
Special Exception
Cape Caribe Associates, Inc
Applicant:
Location:
Existing Amendment Acreage:
Existing 15 DU per acre:
Proposed Number of Units:
Proposed Density:
Current Future Land Use:
Current Zoning:
Cape Caribe Association, Inc
Range: 37E Township: 24S Section: 14
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Commercial C-1
Description:
The applicant desires to extend the leased area of the pool and patio vicinity to provide
for the sale for food and alcoholic beverages to the extended lease area. The property is
currently occupied by a five story (150 room) hotel with two adjacent parking garages.
The proposed extension of the lease area will in no way negatively affect the neighboring
property owners or existing infrastructure.
North
South
East
West
Zoning
Cl Commercial
R3 Residential
Canaveral Port
Authority
C-1 Commercial
Comp Plan
C2 Commercial
C2 Commercial
Canaveral Port
Authority
C-1 Commercial
Existing
Conditions
Commercial Retail
C2 Commercial
Canaveral Port
Authority
C-1 Commercial
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is one (2) acres of park land per 1,000
residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral.
This equates to a population of approximately 12,000 residents. The proposed extension
of the food and alcoholic beverage lease area will have no burden or negative affect on
parks and recreation.
A1A is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level
of Service is "A" with 325 excess trips. The proposed extension of the food and
alcoholic beverage lease area will have no burden or affect on AlA LOS..
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment
capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an
excess capacity of .54 MGD. The proposed extension of the food and alcoholic beverage.
lease area will have no burden or negative affect on wastewater treatment.
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. The proposed extension of the food and alcoholic beverage lease area
will have no burden or negative affect on water.
Brevard County provides facilities for solid waste disposal. At this time, the County
does not foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The site has existing development and has met all the requirement of environmental
regulation. The proposed extension of the food and alcoholic beverage lease area will
have no burden or negative affect on environmental regulation.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archaeological resources on site.
Population Projections and Trends:
The proposed extension of the food and alcoholic beverage lease area will have no
burden or negative affect on population projections and trends.
(p)
••••••••..11.,
BANANA RIVER
FUTURE LAND USE
C1 COMMERCIAL
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LOCAL COMPREHENSIVE PLAN
FUTURE LAND USE MAP
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Ivey, Hants & Walls, Inc.
631 South Orlando Avenue, Sulte 200
Winter Park, Florida 32789
(t) 407.629.8880 (f) 407.629.7883
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Todd Peetz
From: John Cunningham Ucunningh3m(8,�ccvfd.0rg]
Sent: Tuesday, July 19, 2005 11:41 AM
To: Todd Peetz •
Subject: RE: Cape Caribe / Special Exception 05-05
Todd,
I have reviewed the special exception and have no comment at this time.
John Cunningham
Asst. Fire ChIef/Fire Marshal
Cape Canaveral Volunteer Fire Dept.
190 Jackson Ave
Cape Canaveral, FL 32920
Office: (321) 783-4777
Fax: (321) 783-5398
http:Uwww,ccvfdotg,
8/3/2005
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MEMORANDUM
TO: Todd Morley,
Building Official
FROM: Todd Peetz
City Planner
DATE: August 1, 2005
RE: Cape Caribe Special Exception expansion to sell Alcoholic Beverages
Please review the special exception worksheet.
If you have further questions, please feel free to contact me at 407-629-8880.
MEMORANDUM
TO: Todd Morley, CBO
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: July 1, 2005
RE: Special Exception Request No 05-05
Cape Caribe
The Public Works Department has reviewed the special exception request and
does not have any comments or concerns.
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Susan Chapman
From: Bennett Boucher [boucher-cape@cfl.rr.com]
Sent: Tuesday, July 12, 2005 8:41 AM
To: Susan Chapman; Todd Morley
Subject: FW: notice
Please distribute to the board.
Thanks,
Bennett Boucher
City Manager
City of Cape Canaveral, FI.
Phone 321.868.1230
Fax 321.868.1224
e-mail boucher-cape@cfl.rr.com
www.myflorida.com/cape
From: City of Cape Canaveral [mailto: ccapecanaveral@cfl.rr.com]
Sent: Monday, July 11, 2005 4:55 PM
To: Bennett C. Boucher (E-mail)
Subject: FW: notice
Original Message
From: robert h. makoske [mailto: rmakoske@cfl.rr.com]
Sent: Monday, July 11, 2005 12:17 PM
To: ccapecanaveral@cfl.rr.com
Subject: notice
As a resident of Solana Lake, being within 500-feet of Cape Caribe, I am against Cape Canaveral Planning and
Zoning Board to grant them a Special Exception to sell alcoholic beverages in the pool deck area because of the
noise and behavior of the people who will consume it. Thank you, Robert H. Makoske, 8941 Lake Dr.#202, Cape
Canaveral, FL.
07/12/2005
City of Cape Canaveral
July 6, 2005
NOTICE OF PUBLIC HEARING
E ADJACENT PROPERTY OWNER(S):
ice is hereby given by the City of Cape Canaveral, that Ron Jon Hospitality, Inc., 3850 S. Banana
River Blvd., Cocoa Beach, FL 32931, representing Cape Caribe Association, Inc., has requested a
Special Exception to Sell Alcoholic Beverages in the Pool Deck Area pursuant to the Cape
Canaveral Code of Ordinances, Zoning Regulations, Section 110-171 and 110-334(C)(6) for the property
described as follows:
Legal Description: Section 14, Township 24S, Range 37E, Parcel 59.
(1000 Shorewood Drive, Cape Canaveral, FL 32920)
In accordance with the City Code of Ordinance No. 18-2002, this letter shall serve as 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 Wednesday, August 10, 2005, at 7:30 P.M. in the City Hall
Annex, 111 Polk Avenue, Cape Canaveral, FL.
The Planning & Zoning Board is advisory in nature and will make a recommendation to the Cape
Canaveral Board of Adjustment with respect to the above -named property. The final administrative
approval or denial will come before the Board of Adjustment at a subsequently scheduled meeting. Since
your property may be located within 500-feet of this property comments can be made in person or may be
submitted in writing at the Planning and Zoning Board Meeting or mailed to the City Clerk's Office at 105
Polk Avenue, Cape Canaveral, FL 32920.
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 disabibties 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
A/0 A76rid 17)--' 7;;)- /_-_:gc6_,k1-7a
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MOOTY, WILLIAM H
MOOTY, LOUISE W TRUSTEES
ti ' 602' SHOREWOOD DR #206
CAPE CANAVERAL, FL 32920
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
vvww.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
/r 1
Planning & Zoning Boa...
Meeting Minutes
August 10, 2005
Page 2
Motion by Alice Filteau, seconded by Lamar Russell, to recommend approval of the
Special Exception. Vote on the motion carried unanimously.
2. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 05-05 to Allow Extension of Area to Serve Alcoholic Beverages (1000
Shorewood Drive, Cape Caribe) - Ron Jon Hospitality, Inc., Designated Agent for
Cape Caribe Association, Inc., Petitioner.
City Planner, Todd Peetz, gave an overview of the request to expand the existing use to
serve alcoholic beverages by the pool area. He stated that they would not be adding
parking or increase the current seating.
Jack Kirschenbaum, Attorney representing the applicant, addressed the Board on behalf
of Ron Jon's. Mr. Kirschenbaum advised that Ron Jon's was the property owner's
tenant. Mr. Kirshenbaum displayed a poster board explaining the boundaries of the
property, the presently leased area, and a drawing of the proposed extension of the
leased area. He continued by stating that the entire facility was fenced, and access was
granted to the facilities with the use of a guest key. He further explained that the
restaurant was open to the public, but patrons could not gain access to the pool area
without a guest key. He stated that presently a guest, with the use of a guest key may
purchase a drink and take it to the pool area to consume.
Chairperson Bea McNeely asked if food would be included in this service. Mr.
Kirschenbaum replied that it would. Board Member, Shawn Shaffner, asked if they had
plans to provide live entertainment. Mr. O'Keefe, representative of Ron Jon Hospitality,
Inc. replied that they currently provide live entertainment during the day; however there
were no plans at this time to have live entertainment during the evening hours.
There were comments from the audience regarding concerns about the noise coming
from the pool area.
A motion was made by Bea McNeely, seconded by Lamar Russell, to recommend
approval to allow the expansion of the special exception to serve alcoholic beverages.
Vote on the motion carried by a majority as follows: John Fredrickson, for; Bea McNeely,
for; Leo Nicholas, for; Lamar Russell, for; Alice Filteau, against.
3. Recommendation to the Board of Adjustment Re: Variance Reauest No. 05-06
to Allow a Conveyor Belt to be Located Within the Required Setbacks - (245
Challenger Road) - Randy May, Designated Agent for Ambassador Services,
Inc., Petitioner.
City Planner, Todd Peetz, gave an overview of the request. He advised that the request
is for a Variance to construct a conveyor belt from the Port Canaveral property to the
Petitioner's property located in Cape Canaveral. He noted that the structure will be
crossing several property lines, as well as, right-of-way easements. He explained that a
property search revealed there were three different owners of the properties in question,
and that staff has requested that there be some type of joining or Unity of Title of the
properties to reduce the number of property lines to be crossed.
Meeting Type: Board of
Adjustment
Meeting Date:
8/29/05
AGENDA REPORT
BOARD OF ADJUSTMENT
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Reconsideration of a
Condition •
Item
No.
4
SUBJECT: Special Exception No. 05-02 (Sea Shell Cay) - Reconsideration of a Condition
DEPT./DIVISION: Building Department
Requested Action:
Reconsideration of a Condition of the granted special exception.
Summary Explanation & Background:
This request is for a reconsideration of a condition placed by the Board of Adjustment as follows: All units shall be accessed on
Seashell Lane.
Property Location: Lot 1 Harbor Heights Subd. and Part A of Tuten's Subd. to be 4 lots on the east side of North Atlantic
Boulevard and north side of Harbor Heights Drive.
Exhibits Attached:
1) Staff comments
2) Letter from applicant
3) Meeting Minutes
4) Illustrations
All Shores Construction & Supply Co.
413 Lincoln Ave.
Cape. Canaveral, FL 32920
(321) 784-0024:
Attn.: Mr. James E. Morgan
City. of Cape Canaveral
July 26, 2005
Re: Sea Shell Cay Special Exception
Dear Jim,
Please see the attached correspondence from Todd Peetz, City Planner, wherein he indicates that the
above -mentioned project appears to work best with accesses to two different roadways: Specifically, a
two -unit shared drive accessing N. Atlantic Avenue and a two -unit shared drive accessing Sea Shell
Lane.
At your request, I am providing this documentation indicating that I do not disagree with Mr. Peetz's
opinion. My rationale: the project originally consisted of two parcels, one with its only access on N.
Atlantic Ave. This Cl parcel could be built separately from the other,'thereby requiring the N. Atlantic
access. Separated, it is a right owed to this parcel. .
Although other designs may make a Sea Shell Lane access viable for all four units, the design you
present appears to work best as described by Mr. Peetz.
Sincerely Aurs,
Todd Morley
Building Official
'105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
• wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
L
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: July 18, 2005
RE: Sea Shell Cay Special Exception
I have discussed with the applicant a couple times about alternatives to encourage
access to the Sea Shell Lane only. The main problem is the frontage and setbacks of
the buildings. In the current configuration, the driveway access is considered the
building front and the north two units would not meet the 25' foot front setback
requirement. A condo would provide more parking flexibility, but still would not
alleviate the setback issue.
The current building footprint has very little room to be shifted west because of the
50' foot setback from North Atlantic.
The configuration submitted as part of the replat portrays a shared drive for two
units to North Atlantic and a shared drive for two units to Sea Shell Lane would
appear to work the best with the existing request of the applicant.
If you have any questions, please feel free to contact me at 407-629-8880.
Date: July 27, 2004
copy
To: City of Cape Canaveral, Attn, Susan Chapman
From: All Shores Construction
Subject: Request for Special Meeting of the Board of Adjustment (BOA); RE: Sea Shell
Cay Town Home Project Special Exception
Susan, let me start by first apologizing to you and members of thc BOA for missing
Monday's meeting. Was called out of town suddenly for a family emergency just prior to
thc meeting and was unable to attend or arrange for representation. That said, I am
requesting that a special meeting with th.e BOA be scheduled to discuss a condition
placed on the subject exception by the BOA during the last meeting held June 271 of this
year.
Based on••the following, AB Shores Construction is requesting that the ittgress/egress
condition inlposedby•the 130A be rescinded. It should•bc noted that die as submitted
project satisfies all•seven ofthe "Level of'Service Standairds", as well as, reflecting the
traffic routingmodel suggested by city board representatives during a-P&Z meeting held
earlier in the year.
However, at'tke request: of the BOA, All. Shores Construction evaluated building and
driveway layout configurations in an et%rt•to direct ingress/egress of all fourunits • .
(instead of two) to. Sea Shell:. Several variations, layout concepts and scenarios -were
attempted and reviewed:lorfeasibilit`y. As a result, it was determined that duc,to set back
requirements; property geometry, and other important •considerations,there is simply not
adequate .space. to• provide for ingress and egress of all four units from/to Sea Shell. Even
the best of concepts considered would effectively ruin the aesthetics of the planned
project as viewed from Sea Shell, spoil the front yards of at least the two north units
while adding undesired impact to the home owners to the east_
The City Planner and the City Building Official have both concurred with these findings.
It is for these reasons that All Shores Construction respectfully request that members of.
the BOA reconsider their position on this issue.
City of Cape Canaveral
Board of Adjustment
Meeting Minutes
June 27, 2005
A Meeting of the City of Cape Canaveral Board of Adjustment was held on June 27,
2005 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
Robert Laws
Connie McKone
Paula Collins
MEMBERS ABSENT:
Earl McMillin
OTHERS PRESENT:
Susan Chapman
Todd Peetz
Debra Nutcher
Robert Hoog
Bea McNeely
Leo Nicholas
Todd Morley
Duree Alexander
All persons giving testimony were
Attorney.
Chairperson
Vice Chairperson
Board Secretary
City Planner
Assistant to the City Attorney
Mayor Pro Tem
Ex-Officio Member
Planning & Zoning Board Member
Building Official
Code Enforcement Officer
sworn in by Debra Nutcher, Assistant to the City
NEW BUSINESS
1. Motion to Approve the Meeting Minutes of March 14, 2005.
Motion by Ms. McKone, seconded by Mr. Laws to approve the meeting minutes of March
14, 2005. Vote on the motion carried unanimously.
2. Special Exception Request No. 05-02 to Allow Residential Use in the C-1 Zoning
District - (Sea Shell Cav Townhomes aka Shady Villas) - Section 14, Township
24 South, Ranqe 37 East, Lot 1, Harbor Heights West Subdivision, and Parcel A-
16 (Corner of Seashell Lane and N. Atlantic Avenue) - All Shores Construction &
Development, Inc./James E. Morgan, Petitioner.
Chairperson Rigerman questioned the size of the property. James Morgan, Jr.,
representative for All Shores Construction & Development, Inc., responded that the
property was .6 acres and was incorrect on the application.
Board of Adjustment
Meeting Minutes
June 27, 2005
Page 2
City Planner, Todd Peetz, confirmed that he completed the special exception worksheet.
The Board members reviewed the staff reports. Chairperson Rigerman pointed -out a
comment from the Public Works Director regarding a notation that access would be
desirable from Sea Shell Lane. Chairperson Rigerman agreed. She voiced her concern
regarding another road cut on N. Atlantic Avenue being so close to Harbor Drive and
across the street from a commercial area. She questioned the applicant if he had
considered reconfiguring the access. Mr. Morgan responded that it was talked about at
the Planning & Zoning Board meeting and the applicant had agreed to do whatever the
City preferred. Mr. Morgan commented that he would personally like the access on Sea
Shell Lane, but there seemed to be concerns with loading the traffic onto Sea Shell
Lane. He testified that most of the Planning & Zoning Board members wanted to see
ingress and egress for two units on N. Atlantic Avenue and two units on Sea Shell Lane
because there did not seem to be a way to give all access on Sea Shell Lane. He
advised that logistically, that they could absolutely physically get the access on Sea
Shell Lane, and was amiable to anything. He added that the buildings can easily be
flipped to have the access on Sea Shell Lane. He could not recall all the pros and cons
that were discussed at the Planning & Zoning Board meeting. He explained how things
could be shifted around to accommodate the Board's recommendation. Discussion
followed regarding the heavy traffic conditions on N. Atlantic Avenue. Mr. Morgan
advised that they might be able to save more of the trees with the access on Sea Shall
Lane. Todd Peetz, City Planner, explained that this was more of a site plan issue and
believed they could get the driveways to work off of Sea Shell Lane. He questioned
what would be considered the front of the building because of setback requirements.
Mr. Peetz spoke about joint access. Discussion followed. Mr. Peetz explained that he
did not think they could move the building forward and meet the front setback
requirement. He advised that some of the issues would be addressed during the site
plan process, but access was an important issue to address at this time. Chairperson
Rigerman replied that Mr. Morgan believed the access on Sea Shell Lane is workable.
Mr. Morgan responded that Mr. Peetz had brought up some information that he had not
thought about and commented that he was not familiar with the codes. He asked if the
access issue needed to be resolved at this meeting. Chairperson Rigerman replied that
she wanted to see it as a condition of the special exception approval so that it gets done.
She explained that if the measurements are not there to have the ingress and egress on
Sea Shell Lane, then this Board could look at the condition again and waive the
condition. The City Attorney agreed. Mr. Morgan advised that he did not want to delay
this project if he needed to come back to this Board for reconsideration of a condition.
Discussion followed. Chairperson Rigerman reiterated her concern regarding additional
access on N. Atlantic Avenue. She explained that this project is not very far from an
intersection, and it is located directly across the street from two commercial
establishments (LaCantina Restaurant and Circle K). She asked that if it is at all
possible to reconfigure and meet all the required setbacks and to have the access on
Sea Shell Lane, that this was her personal preference. She pointed -out that to see that
this happens, it would be a condition of the special exception approval. Mrs. Rigerman
further explained that if the condition can not be met, with verification from the City
Planner and Building Official, then this Board could waive the condition. Brief discussion
followed regarding the recommendation from the Planning & Zoning Board that the
special exception be limited to four units.
Board of Adjustment
Meeting Minutes
June 27, 2005
Page 3
Motion by Chairperson Rigerman, seconded by Mr. Laws, to grant Special Exception
Request No. 05-02, with the following conditions:
• The special exception shall be limited to four units.
• All units shall be accessed on Seashell Lane.
Brief discussion followed regarding the conditions of approval. Vote on the motion
carried unanimously.
3. Request for a twelve month extension - Special Exception Request No. 03-07 -
(Six Residential Units on Holman Road) - Vinod Kalida, VK and MK
Development, Inc., Petitioners.
Vinod Kalida, Petitioner, verified that he recently purchased the property from Mr.
Venable, and wished to construct five condominium units. The Board members
reviewed the minutes from the meeting when the special exception was approved. Brief
discussion followed.
Motion by Mr. Laws, seconded by Ms. Collins, to approve the twelve month time
extension for Special Exception Request No. 03-07. Vote on the motion carried
unanimously.
4. Hearing Re: Alleged Violation of Conditions of Special Exception No. 04-03 -
Beachside Scooters and Rentals, 6103 N. Atlantic Avenue, Unit F - Todd Morley,
Building Official.
Building Official, Todd Morley, reviewed the conditions of the granted special exception.
He testified that the City received a letter from the property owner giving Norman
Weaver permission to seek the special exception. He advised that the City had
photographs showing that the scooters have been parked outside the one parking
space. He advised that Mr. Weaver is also renting scooters, which is a city code
violation. He noted that the business does not meet the minimum requirements for a
special exception to rent scooters. Code Enforcement Officer, Duree Alexander,
testified that Mr. Weaver has an Occupation license scooter sales and outside display,
and a separate license for scooter rentals. She explained that an Occupational license
is a tax, not a license to do business.
Norman Weaver, owner of Beachside Scooters, apologized for his landlord taking so
long to get the letter to the Board. He testified that he has parked scooters by the road
because his scooters were not getting enough exposure. He admitted that he knew this
was a violation of the conditions of his special exception. Chairperson Rigerman
pointed -out that Mr. Weaver also knew the he would need to come back to the Board for
a special exception for the scooter rentals. Discussion followed. Ms. Alexander clarified
that the Code Enforcement Board would address the scooter rentals violation.
Discussion followed regarding verification of property ownership.
..\Shady Villa's R(an.dgn 3/2312005 9:41:43 AM
MOW
City of Cape Canaveral
August 31, 2005
American Legion Challenger Post 348, Inc.
C/O Tracy Rac, Commander
105 Lincoln Avenue
Cape Canaveral, FL 32920
RE: Special Exception Request No. 05-04 to Allow On Premise Consumption of
Alcoholic Beverages in the C-1 Zoning District (105 Lincoln Avenue) — Tracy
Rac, Commander, Designated Agent for American Legion Challenger Post 348,
Inc., Petitioner.
Dear Petitioner(s):
The Board of Adjustment of the City of Cape Canaveral has heard information and
testimony pertaining to your request at the meeting held on the 29th day of August,
2005.
Based on the testimony and information provided, the Board of Adjustment has
approved your request to allow On -Premise Consumption of Alcoholic Beverages in the
C-1 zoning district, (105 Lincoln Avenue). Further, said Special Exception must remain
consistent with the provisions set forth in City Code Section 110-171 (a) (2) (d); and
Section 110-334 (6) (c).
As per City Code Section 110-48, Any special exception granted under this chapter shall
expire if the applicant has not obtained a certificate of occupancy or occupational license
as appropriate and utilized the special exception within 12 months of the date of its
issuance; provided, however, the Board of Adjustment may extend this time period by an
additional 12-month period if the applicant can show good cause for the delay. If the
applicant desires an extension, the applicant shall submit its request directly to the
Board of Adjustment prior to the expiration of the first 12-month period. Additionally, a
special exception shall expire and become null and void if the use granted thereunder is
abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used
herein, abandoned shall mean that the applicant has gone out of business, let all
business licenses lapse or has otherwise changed the use of the property in
conformance with the Code of Ordinances. Once a special exception has lapsed due to
abandonment, the applicant must resubmit its special exception request pursuant to
Section 110-46. Should there be a violation to any part of this approval the special
exception is subject to revocation according to the City Code.
Sincerely, r
Marilyn Riger a
Chairperson
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