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HomeMy WebLinkAboutAgenda 09-14-2005• City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE SEPTEMBER 14, 2005 7:30 P.M. Cali to Order Roll CaII NEW BUSINESS 1. Motion Re: Approval of Meeting Minutes for August 24, 2005. OLD BUSINESS 1. Recommendation to City Council Re: Establishing Time Limit(s) for Length of Stay - Amending Ordinance No. 06 -2005, Amending Chapter 110, Zoning, Clarifying the Intent of the R -1, R -2, and R -3 Residential Zoning Districts, Prohibiting Transient Commercial Uses Such as Bed and Breakfasts, Hostels, Hotels, Inns, Lodgings, Motels, or Resorts in Residential Dwelling Units for Periods of Less Than Seven (7) Consecutive Calendar Days - Anthony Garganese, City Attorney. 2. Recommendation to City Council Re: Special Exception Criteria for Conveyor Systems and Encroachments for Conveyor Systems — Todd Peetz, City Planner. 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. ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and /or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. 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. 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 PLANNING & ZONING BOARD MEETING MINUTES AUGUST 24, 2005 • A Regular Meeting of the Planning & Zoning Board was held on August 24, 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 Chairperson Leo Nicholas Vice Chairperson John Fredrickson Donald Dunn 1st Alternate Alice Filteau MEMBERS ABSENT Lamar Russell Shawn Schaffner 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Rocky Randels Mayor Robert Hoog Mayor Pro Tem Todd Morley Building Official NEW BUSINESS: 1. Approval of Meeting Minutes: August 10, 2005. Motion by Donald Dunn, seconded by John Fredrickson, to approve the meeting minutes of August 10, 2005, as presented. Vote on the motion carried unanimously. 2. Discussion Re: Pad -Mounted Generators — Anthony Garganese, City Attorney. Todd Morley, Building Official, gave an overview of the proposed ordinance. Discussion was held regarding: fuel storage; measuring noise decibels; types of acceptable pads; exhaust; vents; carbon monoxide sensors; distance of encroachment into the required setback; placement of a generator from any structure, fence, or property line; and location of piping and wiring. The Board members made numerous changes to the draft ordinance. Motion by John Fredrickson, seconded by Leo Nicholas, to recommend approval of the draft ordinance with the changes as discussed. Vote on the motion carried unanimously. s Planning & Zoning Board Meeting Minutes August 24, 2005 Page 2 3. Discussion Re: Transportation Access Management Proposals — Todd Peetz, City Planner. Todd Peetz, City Planner, advised that he intended to attach the Luke Transportation Study, however, he did not know this item was on the agenda. He gave an overview of the draft Cape Canaveral State Road A1A and N. Atlantic Avenue Access Management Plan, dated August 2005, prepared by Miller Legg. He commented that the draft was provided to City staff for comments and was prematurely placed on the agenda. The Board directed City staff to work with the Attorney's office to have proposed recommendations converted into ordinance language. 3. Recommendation to City Council Re: Amending Section 110-538, Relating to Encroachments — Anthony Garganese, City Attorney. Kate Latorre, Assistant City Attorney, gave an overview of the draft ordinance. She advised that research could be performed for additional criteria, if needed. The Board members reviewed the draft ordinance. Randy May, designated agent for Ambassador Services, explained that the conveyor system would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high and would reduce down to 5 feet at the base; the purpose of the structure was to reduce the amount of truck traffic on George King Blvd.; currently, it take four days to unload a ship by truck, and would only take 24 hours using the conveyor system; the operation was twice a month now, and once a week starting in October; and approximately 64,000 tons of rock is unloaded from a ship. Mr. May presented schematics of the property relating to the property lines, location of the conveyor system, and the location of the easement. Discussion followed. Following discussion, the Board agreed that restrictive criteria should be added to City Code Section 110-354, regarding size, number and distance. Todd Peetz, City Planner, advised that he would have a draft ready for the Board's review regarding the criteria at the next meeting. Motion by John Fredrickson, seconded by Leo Nicholas, to recommend approval of the proposed draft, with the wording "conveyor belt" being changed to "conveyor system". Vote on the motion carried unanimously. There being no further business for the Board to consider the meeting was adjourned at 10:05 p.m. Susan Chapman, Board Secretary Bea McNeely, Chairperson Meeting Typae: Planning & Zoning Meeting Date: 9/14/05 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Heading Review & Recommend Ordinance Short-term Rentals Item No. Old Business #1 SUBJECT: Short Term Rentals in the R-1, R-2 and R-3 Residential Districts DEPT./DIVISION: Building Department Requested Action: Review and Recommend to City Council an Ordinance regarding Short-term Rentals in the R1, R-2 and R-3 Residential Districts. The requested action is to establish a minimum length of time for short-term rentals. Summary Explanation & Background: There has been increasing concem regarding short-term rentals in residential areas. The concerns primarily include: noise, litter, and parking conflicts. In essence, short-term rentals are impacting the quality of life for neighboring residents. It has been brought to the attention of City Council that additional regulations may be necessary. The direction to staff is to prepare performance standards and enforcement requirements. Those standards and requirements will be forthcoming. In the meantime, the length of stay needs to be addressed to assist in identifying enforcement techniques. Exhibits Attached: 1) Proposed Ordinance 06-2005 2) The amended Brevard County Ordinance concerning short-term rentals. City Planner's Office Department ORDINANCE NO. 06-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2, AND R-3 RESIDENTIAL ZONING DISTRICTS; CREATING A NEW DIVISION REGARDING THE PRESERVATION OF RESIDENTIAL AREAS; PROHIBITING TRANSIENT COMMERCIAL USES SUCH AS BED AND BREAKFASTS, HOSTELS, HOTELS, INNS, LODGINGS, MOTELS, OR RESORTS IN RESIDENTIAL DWELLING UNITS FOR PERIODS OF LESS THAN SEVEN (7) CONSECUTIVE CALENDAR DAYS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING AND CHAPTER 22ADMINISTRATION• PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibitedby law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby fords this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape City of Cape Canaveral Ordinance No. 06-2005 Page 1 of 7 l�J Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, -Flo a, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE VII. DISTRICTS ** DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free. from congestion and overpopulation, to promote the permanent residency of single families, and to enhance and maintain the residential character and integrity of the area. * * * DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families, and to enhance and maintain the residential character and integrity of the area. *** DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 06-2005 Page 2 of 7 • Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an arm rirecuum densify residenfiafdevelopment witfi a varietyof housing types. Lof sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families, and to enhance and maintain the residential character and integrity of the area. * * * ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS. * * * DWISR7N- S�gr1G MIN"G-'OUL-S *** Secs. 110-585-110-589. Reserved. DIVISION 9. PRESERVING RESIDENTIAL AREAS Sec. 110-590. Intent. It is the intent of this division to promote and protect residential development that is free from congestion and overpopulation, to promote the permanent residency of families, and to enhance and maintain the residential character and integrity of residential areas. This division is intended to apply within the City's residential zoning districts, including the R-1, R-2, and R-3 zoning districts. Sec. 110-591. One family per residential dwelling unit. Each residential dwelling unit shall not be occupied by more than one family. Sec. 110-592. Transient commercial use prohibited. (a) For purposes of this section, "transient commercial use" shall mean the rental or use of a residential dwelling unit as a bed and breakfast, hostel, hotel, inn, lodging, motel, resort or other transient lodging uses for compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of the residential dwelling unit. f The transient commercial use of a residential dwelling unit for less than seven (7) consecutive calendar days is prohibited. City of Cape Canaveral Ordinance No. 06-2005 Page 3 of 7 Sec. 110-593. Violation. (a) It is unlawful for any person to: use:or. allow.theLuse of asesidentiaLdwelling-unit_m violation of this division and for any agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise, to arrange or negotiate for the use of a residential dwelling unit in violation of this division. Violators of this division shall be subject to a Class IV violation. Section 3. Conforming Amendments. The following conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and Stlikcuut type indicates deletions, while asterisks (* * *) indicate a deletion. from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE VII. DISTRICTS * * * DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS * ** Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. n elli f S 4111E 1L.,LiL41J Vl 1GJJ * * * DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT * ** Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: City of Cape Canaveral Ordinance No. 06-2005 Page 4 of 7 (1) Single-family dwellings; T-wo. tarnrl--dweLlings;- (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; *** DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT * * * Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; and dwclhur Section 4. Conforming Amendments. The following conforming amendments are made to Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION *** ARTICLE VI. CODE ENFORCEMENT City of Cape Canaveral Ordinance No. 06-2005 Page 5 of 7 * * * DI ISION- . CODE-ENFORC—EME-NT GIT-ATIONS * * * Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: *** (2) Chapter 110, Zoning, Article IX., Supplementary District Regulations, Division 9., Preserving Residential Areas. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 06-2005 Page 6 of 7 . DO-P- • Council of the- y ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Rocky Randels Buzz Petsos Steve Miller For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2005 Page 7 of 7 • ORDINANCE NO. 05 - C0007 peh AN ORDINANCE AMENDING CHAPTER 62, "LAND DEVELOPMENT REGULATIONS", CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA; AMENDING SECTIONS 62-1336(3), 62-1337(3), 62-1338(3), 62-1339(3), 62-1340(3), 62-1341(3), AND 62-1342(3) BY ADDING "RESORT DWELLINGS" AS A "CONDITIONAL USE" IN CERTAIN SINGLE FAMILY ZONING CLASSIFICATIONS; CREATING SECTION 62- 1945.2 TO ESTABLISH LOCATION AND PERFORMANCE STANDARDS FOR RESORT DWELLINGS WHERE LISTED AS A CONDITIONAL USE PERMIT IN SINGLE FAMILY CLASSIFICATIONS; AMENDING SECTION 62-1841.5.5(2) PERFORMANCE STANDARDS FOR RESORT DWELLINGS WHERE PERMITTED WITH CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AREA ENCOMPASSED; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE BREVARD COUNTY CODE OF ORDINANCES. WHEREAS, the Board of County Commissioners has determined that it is in the public interest to regulate the location and operation of resort dwellings; and WHEREAS, the Board of County Commissioners, desires to establish a conditional use process for the permitting of resort dwellings in single family zoning classifications located in tourist related areas where not abutting single family uses; and WHEREAS, the Local Planning Agency, on July 18, 2005, reviewed the proposed ordinance and made recommendations; and WHEREAS, the Board of County Commissioners has reviewed the recommendations of the Local Planning Agency and has considered the comments of interested citizens in public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, as follows: CUP Resort Dwellings September 1, 2005 Page 1 SECTION 1. Chapter 62, Article VI, Code of Ordinances of Brevard County, Florida, Sections 62-1336(3), 62-1337(3), 62-1338(3), 62-1339(3), 62-1340(3), 62- 1341(3), and 62-1342(3) are hereby amended to add "Resort dwellings" to each classification's list of "conditional uses" as follows: Sec. 62-1336. Rural residential, RR-1. (3) Conditional uses. Conditional uses are as follows: Bed and breakfast inn. Change of nonconforming agricultural use. Farm animals and fowl. Guesthouses or servants' quarters, without kitchen facilities. Land alteration (over five acres and up to ten acres). Recreational facilities. Residential/recreational marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion of a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). Sec. 62-1337. Suburban estate residential use, SEU. (3) Conditional uses. Conditional uses are as follows: Bed and breakfast inn. Change to nonconforming agricultural use. Guesthouses or servants' quarters, without kitchen facilities. Horses, mules, goats and barns. Land alteration (over five acres and up to ten acres). Recreational facilities. Recreational/residential marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion of a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). Sec. 62-1338. Suburban residential, SR. (3) Conditional' uses. Conditional uses are as foilovvs: Bed and breakfast inn. Change of nonconforming agricultural use. Guesthouses or servants' quarters, without kitchen facilities. Land alteration (over five acres and up to ten acres). Recreational facilities. Recreational/residential marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion of a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). CUP Resort Dwellings September 1, 2005 Page 2 • Sec. 62-1339. Estate use residential, EU, EU-1 and EU-2. (3) Conditional uses. Conditional uses are as follows: Bed and breakfast inn. Change of nonconforming agricultural use. Guesthouses or servants' quarters, without kitchen facilities. Land alteration (over five acres and up to ten acres). Recreational facilities. Recreational/residential marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion to a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). Sec. 62-1340. Single-family residential, RU-1-13 and RU-1-11. (3) Conditional uses. Conditional uses are as follows: Bed and breakfast inn. Change of nonconforming agricultural use. Guesthouses or servants' quarters, without kitchen facilities. Land alteration (over five acres and up to ten acres). Recreational facilities. Recreational/residential marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion to a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). Zero lot line subdivision. Sec. 62-1341. Single-family residential, RU-1-9. (3) Conditional uses. Conditional uses are as follows: Bed and breakfast inn. Change of nonconforming agricultural use. Guesthouses or servants' quarters, without kitchen facilities. Land alteration (over five acres and up to ten acres). Recreational facilities_ Recreational/residential marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion to a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). Zero lot line subdivision. Sec. 62-1342. Single-family residential, RU-1-7. (3) Conditional uses. Conditional uses are as follows: Bed and breakfast inn. Change of nonconforming agricultural use. Guesthouses or servants' quarters, without kitchen facilities. CUP Resort Dwellings September 1, 2005 Page 3 Land alteration (over five acres and up to ten acres). Recreational facilities. Recreational/residential marina. Resort dwellings. Single-family residential second kitchen facility. Skateboard ramps. Substantial expansion of a preexisting use. Towers and antennas, noncommercial (see division 5, subdivision III, of this article and section 62-2129). Zero lot line subdivision. SECTION 2. Chapter 62, Article VI, Section 62-1945.2 Code of Ordinances of Brevard County, Florida, is hereby created to read as follows: Section 62-1945.2. Resort dwellings. Where a resort dwelling is listed as a conditional use in certain residential zoning classifications, it must meet the following qualifying conditions: 1. Location Standards - Resort dwellings shall be restricted to parcels that are: a. located east of State Road AIA but not abutting any single family detached uses or lots zoned for single family detached uses, or b. located on the west side and having direct frontage on State Road A1A, but not abutting any single family detached uses or lots zoned for single family detached uses. 2. Performance Standards — All resort dwellings qualifying under this section shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit. a. Parking. For single family resort dwellings, there shall be at least one designated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street. b. Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence, as established by a submitted floorplan. The maximum occupancy of the structure shall be established by the Planning and Zoning Office at the time of occupational license review. c. Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the vicinity in which the residence is located. Any noise whose measurement exceeds the sound level limits set forth for residential zoning in Section 62-2271 or violates the provisions of Chapter 46, Article IV is considered excessive noise. Additionally, sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph or similar device shall not be discernable at the property line of the resort dwelling after 10:00 PM and before 7:00 AM. d. Local management. Each resort dwelling shall have a designated local manager. The local manager shall be a permanent resident of Brevard County and shall be available 24 hours a day, 7 days a week, to address neighborhood complaints. The local manager's name and telephone number shall be registered with the Planning & Zoning Office and shall be posted on the property in a manner visible from the street. CUP Resort Dwellings September 1, 2005 Page 4 e. Manager's responsibility. The local manager is responsible for assuring compliance with the performance standards in this section. The local manager shall satisfactorily address complaints by concerned residents of violations of the performance standards (2.a., 2.b., and 2.c.) in this section within one hour of receipt of the complaint. f. Penalty. In addition to the penalties enumerated in Chapter 2, Article VI, Division 2 of the Brevard County Code, the code enforcement special magistrate may suspend or revoke the resort dwelling's occupational license under the following conditions: If the special magistrate finds a violation or recurring violation of this Section, the special magistrate may suspend the resort dwelling's occupational license for a period of not more than thirty (30) days or until the issue is resolved, whichever is later; and if the special magistrate finds a repeat violation of this section or a violation of a suspension order, the special magistrate may revoke the resort dwelling's occupational license. Revoked licenses may not be reissued for a period of one year from the date of revocation. Additionally, the County may enforce this section by any other means provided by law. SECTION 3. Chapter 62, Article VI, Section 62-1841.5.5(2) Code of Ordinances of Brevard County, Florida, is hereby amended to read as follows: 2. Performance Standards — All resort dwellings qualifying under this section shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit. a. Parking. For single family resort dwellings, there shall be at least one designated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street. b. Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence, as established by a submitted floorplan. The maximum occupancy of the structure shall be established by the Planning and Zoning Office at the time of occupational license review. c. Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the neighborhood vicinity in which the residence is located. Any noise whose measurement exceeds the sound level limits set forth for residential zoning in Section 62-2271 or violates the provisions of Chapter 46, Article IV is considered excessive noise. Additionally, sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph or similar device shall not be discernable at the property line of the resort dwelling after 10:00 PM and before 7:00 AM. and before 7:00 AM_ d. Local management. Each resort dwelling shall have a designated local manager. The local manager shall be a permanent resident of Brevard County and shall be available 24 hours a day, 7 days a week, to address neighborhood complaints. The local manager's name and telephone number shall be registered with the Planning & Zoning Office and shall be posted on the property in a manner visible from the street. e. Manager's responsibility. The local manager is responsible for assuring compliance with the performance standards in this section. The local manager shall satisfactorily address complaints by concerned residents of violations of the performance standards (2.a., 2.b., and 2.c.) in this section within one hour of receipt of the complaint. CUP Resort Dwellings September 1, 2005 Page 5 f. Penalty. In addition to the penalties enumerated in Chapter 2, Article VI, Division 2 of the Brevard County Code, the code enforcement special magistrate may suspend or revoke the resort dwelling's occupational license under the following conditions: If the special magistrate finds a violation or recurring violation of this Section, the special magistrate may suspend the resort dwellings occupational license for a period of not more than thirty (30) days or until the issue is resolved, whichever is later; and if the special magistrate finds a repeat violation of this section or a violation of a suspension order, the special magistrate may revoke the resort dwelling's occupational license. Revoked licenses may not be reissued for a period of one year from the date of revocation. Additionally, the County may enforce this section by any other means provided by law. SECTION 4. Conflicting Provisions. In the case of a direct conflict between any provision of this ordinance and a portion or provision of any other appropriate federal, state or county law, rule code or regulation, the more restrictive shall apply. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6. Area Encompassed. This ordinance shall take effect only in the unincorporated area of Brevard County, Florida. SECTION 7. Effective Date. A certified copy of the ordinance shall be filed with the Office of the Secretary of State, State of Florida within ten days of enactment. This ordinance shall take effect upon adoption and filing as required by law. SECTION 8. Inclusion in Code. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Brevard County Code, and that the sections of this ordinance may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or such other appropriate word or phrase in order to accomplish such intentions. CUP Resort Dwellings September 1, 2005 Page 6 DONE, ORDERED AND ADOPTED, in regular session, this 1st day of September, 2005. Attest: BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Scott Ellis, Clerk Ron Pritchard, D.P.A., Chairman As approved by the Board on September 15t, 2005. (SEAL) CUP Resort Dwellings September 1, 2005 Page 7 SUBJECT DEPT./DIVI Requested Actio. Review and Recot. exception in the M- ber .\5' 100 Septem c City ManagerBoard Date..nett Boucher G\eCK Planning & Z°r�n9 Proposed Susan Os, eCson, p\an ara�n9 and .� °•• Gha�Cp Reg stems cNee\y , Gounc�\ eg Sy Bea Mon to G�tConveyoC '"� F ro'�`•• eco'�nCnend to p,\\o`�`� _"Ca � �eco,mc�`e Re: prd••nan hments• " - "anOng al. or••ng Board encroa _-- "vote the Poposed ordinance. rdiCity COunG " "'-"unan�m the attached p an upco,��ng appC°va\ °{ this \te'm on Please schedule agenda. Summary Explanation As part of a variance requw to encroach in the setback Exhibits Attached: #1 Proposer City Planner's Office e 32� � Cape enue • Post0ff1G_,Bol. Cemail: g pecanaNecalC° c1. 105 Po1ke (321� g68.12 comb cape 'Telephon vrorgsnytlotiaa. Department: Building Department City of Cape Canaveral Date: September 15, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Proposed Ordinance to Allow Conveyor Belt Systems and Encroachments. By unanimous vote the Planning & Zoning Board recommended approval of the attached proposed ordinance. Please schedule this item on an upcoming City Council meeting agenda. 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 Morting,Typ ; Planning and . ning Board Meeting Meeting Date: 9/14/05 AGENDA REPORT PLANNING AN D ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Review and Recommend Ordinance for Conveyor Belt Systems as Special Exceptions Item No. Old Business #2 SUBJECT: Allow Conveyor Belt Systems by Special Exception to Encroach into the Setback in M-1 Districts. DEPT./DIVISION: Building Department Requested Action: Review and Recommend to the City Council an ordinance regarding Conveyor Belt Systems encroaching in the setback by special exception in the M-1 District. Summary Explanation & Background: As part of a variance request the Planning and Zoning Board requested staff to prepare language that would allow conveyor belt systems to encroach in the setback via a special exception. Exhibits Attached: #1 Proposed Ordinance City Planner's Office Department: Building Department • ORDINANCE NO. 16-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ARTICLE VII, SECTION 110-534, OF THE CODE OF ORDINANCES RELATING TO SPECIAL EXCEPTIONS IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; PROVIDING FOR SPECIAL EXCEPTION CRITERIA FOR CONVEYOR SYSTEMS; AMENDING ARTICLE IX, SECTION 110-538, OF THE CODE OF ORDINANCES RELATING TO ENCROACHMENTS; ALLOWING CONVEYOR BELTS WITHIN SETBACKS IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Canaveral Port Authority is a major port on the eastern seaboard and borders the City of Cape Canaveral; and WHEREAS, various materials and aggregate shipped to the Canaveral Port Authority must be transported to the City of Cape Canaveral M-1 Light Industrial and Research and Development District; and WHEREAS, transporting the materials and aggregate through the use of conveyor belts may reduce the need for heavy trucking vehicles within the City and thereby reduce the burden on City roads; and WHEREAS, the City desires to allow conveyor belts within setbacks by special exception in the M-1 Light Industrial and Research and Development District only; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 16-2005 Page 1 of 4 op'" Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stlil��0ut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS * ** DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT * ** Sec. 110-354. Special exceptions permissible by board of adjustment. * ** (c) Special exceptions may be granted for the following: * * * (16) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: a. Conveyor systems must be connected and adjacent to Port Canaveral. b. Conveyor systems crossing the setback must be constructed in a north - south direction, perpendicular to Port Canaveral. c. Conveyor systems must be completely enclosed where located within a setback. d. Conveyor systems shall not exceed 30 feet in height, where located City of Cape Canaveral Ordinance No. 16-2005 Page 2 of 4 e. as a stra REr'ULATI�NS NT AgY DISTRICT LE IX' SuppLEME * * * ARTICLE DIVISION 5. SETBACKS * 110-538. Encroachments• unobstructed from the ground to the red setback shallbe open and Sec. ter: of every required ittedin this chap Every pat or as otherwise perm sky, except as follows * * * a be located within setbacks in the ment District b M-1 Li_ht Industrial and ' or s stems m s,ecial exce.tion for .0 poses of movin: a:: e:ate 16 Conve Research and Develo and other materials. Section Repeal of Prior Inconsistevf Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adoptedby the bty Council, or parts of prior ordinances and reSOlit1011S in conflict herewith, are hereby repealed tithe extent of the Conflict. Section Incorporation Into Cod Canaveral City Code and any section of changed or modified as necessary to effec errors may be corrected and additions, al meaning of this ordinance and the City C TinsThis Ordinance shall be into graph, number or letter, and anyehe nto the Cape ethe foregoing. Grammatical typographical,ng may be dlike -. Ofl or ionsand omissions, not affecting an roa�e freely made. ecting the con stru Section 5. Severability. If anysectiai;absbn, se of this Ordinance is for any reason hell i vali' u sentence clapse jurisdiction, whether for substantive,pto ral ncOnStihltj0nal '�hldSe' Wo a separate, distinct and independent provion, at ht�erreason� by any coU rdOrprOvi . remaining portions of this Ordinance. oidin such rf of 1s1011 Section 6. Effective Date. This Orchance s1 Ciy of Cape Ordinance N Page 3 gshall Pot d� affect 1e effe_ iv e li within a setback. / \I\ e. Conve or s existinor astems Shall not be located within 750 feet from an other : ..roved Conve or s stem s This measurement shall be drawn ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS *** DIVISION 5. SETBACKS *** Sec. 110-538. Encroachments. Every part of every required setback shall be open and unobstructed from the ground to sky, except as follows or as otherwise permitted in this chapter: the *** 16 Conve or s stems ma be located within setbacks in the M-1 Li ht Industrial an Research and Develo. s. . on or . . oses of movin d and other materials. ment District b ecial excetif a: a ate Section 3• Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolu in conflict herewith, are hereby repealed to the extent of the conflict. bons Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations, and omissions, not affectin may be meaning of this ordinance and the City Code may be freely made. g the construction or Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, suchshallp slon a separate, distinct and independent provision, and such holding shall not aportionffect the be deemed remaining portions of this Ordinance. validity p tent of the Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption City of Cape Canaveral Ordinance No. 16-2005 Page 3 of 4 V' ti by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2005. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Burt Bruns Bob Hoog Jim Morgan Rocky Randels Buzz Petsos City of Cape Canaveral Ordinance No. 16-2005 Page 4 of 4 For Against Ieting Type: Planning and Zoning Board Meeting Meeting Date: 9/14/05 AGENDA REPORT PLANNING AN D ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Variance Request 05-06 Item No. Old Business #3 SUBJECT: Variance Request 05-06 to allow a conveyor belt in the setbacks from property lines and road right of way, for Ambassador Services, Inc. DEPT./DIVISION: Building Department Requested Action: Recommend to the Board of Adjustment to approve/deny a variance for a conveyor belt in the setbacks from property lines and road - right of way, by Ambassador Services Inc. Item was tabled at the 8/10/05 meeting. Summary Explanation & Background: The applicant is Ambassador Services Inc. they have requested a variance to allow a conveyor belt to be within the property line setbacks and road right of way. This requires a variance to permit the conveyor belt to run across properties contained in their site extending to the Port of Canaveral. The item was tabled at the 8/10/05 meeting. The Planning and Zoning Board requested language be drafted to consider encroachments to the setbacks with a special exception. That proposed special exception language is in old business item #2 of the agenda. Exhibits Attached: #1 Application, #2 Legal description and owner related information, #3 Applicant information regarding the variance, #4 Notification to Surrounding Property Owners, #5 Staff Report on the variance, #6 Illustrations, #7 Minutes August 10, 2005. City Planner's Office Department: Building Department City of Cape Canaveral APPLICATION FOR VARIANCE WAIN escrow: 6 f3z,(pO Date Filed ` 4 05 Fee Paidf1250, 00 $250 Filing Fee is non-refundable Description of Request: (Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted). Attach separate sheet if necessary. Build Cwvrjo/L 13E11- o v'fL S i=avT S-e i& C".A")08 t'i t - Ari.h9 Po/z-T Ciw''T2, - AA £t--.- flAt I,� (cft/lf.r Address of request: ), LIS ` I +LL 6.A/ 641 2/J • Legal Description: Lot(s) , Block , Subdivision Section 2,1 , Township 3 7 , Range /S STATEMENT OF FACT: State of Florida, County of Brevard I, Qp,.ap 1)1 A` , being duly sworn, depose'and say that: I am the owner. XI am the owner(s) designated agent.(Attach notarized letter of authorization). Owner(s) Name: _ Address: P.O. • ox 65v4 Cg9X C4 vdto — F-d 37-- 1.0 Home Phone: — 868l Work Phone:7BY` if66/ FAX: Wv - s-A4 2-- All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before me Si of Applicant: on this 6 day of WO'S Notary Public, State of Florida NOTARY PUBLIC -STATE OF Susan L. Chapman Commission #DD384306 Expires: MAR. 23, 2009 Bonded Thru Atlantic Bonding Co., Inc. The completed request form and the $250.00 filing fee must be files as follows: Requests for Variance, 14 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. FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant be Certified Mail No. on Notice posted on Bulletin Board on Notice posted on subject property on Property owners w/in 500 ft. notified on Variance Application/ Aug.00/Page 1 of 4 VARIANCE APPLICATION WORKSHEET This worksheet must be completed, legible, and returned, with all required enclosures referred to therein, to the Building Department; at least 14 days prior to the scheduled meeting to be processed for consideration by the Planning and Zoning Board for study and recommendation to the Board of Adjustments. You and your representative are required to attend the meetings and will be notified by certified mail of the date and the time of the meetings. The Planning & Zoning Board holds its regular meeting 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, unless otherwise stated. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED TO PROCESS THE APPLICATION. 1. See STATEMENT OF FACT (attach notarized letter of authorization if not actual owner) 2. PROPERTY ADDRESS QF REQUEST: f. address is not available, give general location) j S eka LLe•v *l 3. COMPLETE LEGAL DESCRIPTION OF PROPERTY: Lot: , Block: , Subdivision: Parcel: ocl0 9.5) , Section 9 q , Twp. 3 , Rge. /S 4. Size of Subject Property (calculate acreage): 14 -7 S RcAFr,S 5. Ordinance Section under which Variance is being sought: / %0 602- (i) 6. Current Zoning Classification of Subject Property: 'r% 7. Attach to this worksheet a letter giving a complete description of the Variance requested and any and all pertinent details and information. 8. VARIANCES ARE TO BE AUTHORIZED WHERE THEY ARE NOT CONTRARY TO THE PUBLIC INTEREST AND WHERE, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE TERMS OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE ORDINANCE SETS FORTH SPECIFIC CONDITIONS WHICH MUST ALL BE DEMONSTRATED BY THE APPLICANT BEFORE THE BOARD IS EMPOWERED TO GRANT THE VARIANCE. PLEASE ADDRESS EACH ONE IN WRITING. IF THE APPLICANT CAN NOT SATISFACTORILY ADDRESS ALL OF THE FOLLOWING, THIS SHOULD SERVE AS A PRELIMINARY INDICATION THAT THE APPLICATION MAY BE REJECTED. Variance Application/Aug.00/Page 2 of 4 THE CONDITIONS ARE AS FOLLOWS AND ITEMS (A) THROUGH (F) MUST BE ANSWERED IN FULL: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. 41- o J V B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. k i Gk will r kLLoai gym auks ym., -"bitA)7 ,/vi41& mod' 5 *iJ, C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. c2,5' Sub''odKk D. That granting the variance requested will not confer on the applicant any special privileges that are denied by the ordinance to other lands, structures or buildings in the same district. w .e- Le"s e. - �a �N I#-^Ja t /2 4 far All w-e— lift I/$ fk- etevtAtiJCAir LASE, 4I A) r moat, -- fpa/LT- Fa,_ o sc_c.Tton% Variance Application/Aug.00/Page 3 of 4 E. That the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, is the minimum that would make possible use of the land, building or structure. C v oA i 4 4410 s �o SphnJ S— F3Ack_ —a z /6 ©0 7 T fro., N 114__ P.J 51,2/ Tire F. That the granting of the variance will be in harmony with the general intent and purpose of the zoning code, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. i 5 /A.) A Ail 1 ZaN g. r i 4 r A Pno,'ow.ril —i i r eirk4k. W R. �, s— ,moo tT' erg 7-4— WHILE THESE CONDITIONS MAY SEEM UNDULY HARSH AND STRINGENT TO THE INDIVIDUAL APPLICANT, IT MUST BE REMEMBERED THAT THE ZONING ORDINANCE WAS ENACTED FOR THE BENEFIT OF THE COMMUNITY AS A WHOLE BE REQUIRING AN ORGANIZED AND CONTROLLED PATTERN OF THE COMMUNITY DEVELOPMENT. IT SHOULD BE NOTED THAT THE DIFFICULTIES OR HARDSHIPS RELIED UPON MUST BE UNIQUE TO THAT PARTICULAR PROPERTY (E.G., PECULIAR LOT SHAPE) NOT GENERAL IN CHARACTER, SINCE DIFFICULTIES OR HARDSHIPS SHARED WITH OTHERS IN THE AREA GO TO THE REASONABLENESS OF THE ZONING GENERALLY, AND WILL NOT SUPPORT A VARIANCE. IF THE HARDSHIP IS ONE THAT IS COMMON TO THAT AREA, THE REMEDY IS TO SEEK A CHANGE OF THE ZONING CLASSIFICATION FOR THE NEIGHBORHOOD. 9. Attach a list of names and addresses of all property owners within 500 feet of subject property accompanied by a certified survey or portion of the tax assessors map showing boundaries of the attached property. 10. The following items or documents must be attached to this submittal. a. Notarized affidavit of all property owners. b. Check for the required fee. c. Map showing properties within 500 feet and a list of all property owners and addresses. d. Survey or portion of tax assessors map showing boundaries of subject property. e. Legal description showing metes and bounds of subject property. f. Copy of recorded deed of subject property. 11. THE UNDERSIGNED OWNER/AUTHORIZED AGENT AGREES THAT THIS APPLICATION MUST BE COMPLETED AND ACCURATE BEFORE CONSIDERATION BY THE CITY OF CAPE CANAVERAL PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT. APPLICANT SI TURE: PRINT NAME: �A/t/O?.L. /31 Variance Application/Aug.00/Page 4 of 4 LEGAL DESCRIPTION: (QUIT CLAIM - BRB TO ASI) A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, BEING A PART OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3463, PAGE 4483, PUBLIC RECORDS OF SAID BREVARD COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST (A CERTIFIED SECTION CORNER AS RECORDED IN THE DEPARTMENT OF NATURAL RESOURCES DOCUMENT No. 00187, DATED APRIL 01, 1984); THENCE S 0-47'35" E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE SOUTHERLY LINE OF THE CANAVERAL PORT AUTHORITY; THENCE N 89-55'48" W, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 200.02 FEET TO THE POINT -OF -BEGINNING; THENCE S 0-47'35" W, ALONG THE WESTERLY LINE OF AMBASSADOR SERVICES, INC. AS PRESENTLY LOCATED, A DISTANCE OF 749.68 FEET TO THE SOUTHWEST CORNER OF SAID AMBASSADOR SERVICES; THENCE S 89-55'48" E, ALONG THE SOUTHERLY LINE OF SAID AMBASSADOR SERVICES, A DISTANCE OF 200.02 FEET TO A INTERSECTION WITH THE WESTERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54; THENCE S 0-47'35" E, ALONG SAID WESTERLY LINE OF DEED BOOK 102, PAGE 54, A DISTANCE OF 50.01 FEET; THENCE N 89-55'48" W, PARALLEL TO AND 50 FEET SOUTH OF THE AFORESAID SOUTHERLY LINE OF AMBASSADOR SERVICES PARCEL, A DISTANCE OF 356.34 FEET; THENCE S 23-08'26" W, A DISTANCE OF 147.30 FEET TO THE NORTHERLY LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE N 89-52'44" W, ALONG SAID LINE, A DISTANCE OF 54.33 FEET; THENCE N 23-08'26" E, A DISTANCE OF 601.54 FEET; THENCE N 0-00'00" E, A DISTANCE OF 381.63 FEET TO THE SOUTHERLY LINE OF THE CANAVERAL PORT AUTHORITY AFORESAID; THENCE S 89-55'48" E, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 21.06 FEET TO THE POINT -OF - BEGINNING. CONTAINING 1. 743 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. C:\WP\DOC\BRB-ASI !WNW A298-10 R298-04 QUITCLAIM DEED 1805, 1 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 3 #Names: 2 Trust: 2.00 Rec: 13.00 Serv: 0.00 Deed: 119.00 Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 THIS QUITCLAIM DEED, Executed this 22nd day of January , 2001 (year), by first party, Grantor, BJORNAR K. HERMANSEN, TRUSTEE whose post office address is 245 Hacienda Road, Merritt Island, FL 32952 tl to second party, Grantee, AMBASSADOR SERVICES, INC. whose post office address is P.O. Box 632 Cape Canaveral, FL 32920 WITNESSETH, That the said first party, for good consideration and for the sum of TEN Dollars ($ 10.00 ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances there- to in the County of BREVARD , State of FLORIDA to wit: ( I ) 1992-2(XX) E-Z Legal Forms, Inc. ZBAA Re\. b/UU This Product does not constitute the rendering of legal advice or services. This Product is intended for informational use only and is not a substitute liir legal U aae ,m. 42>] i t806 IN WITNESS WHEREOF, The said first party has signed and sealed these prey -nts the day and year first above written. Signed, sealed and delivered in presence of: Signature of Witfi • L74 c/ vc=i- Print name of Witness Signature of Witness Print name of Witness State of FLORIDA County of BREVARD On JANUARY 22, 2001 before me, appeared BJORNAR K. HERMANSEN r`\ rrt`Lh 4-Q \C-ti Print name of First Party Signature of First Party Print name of First Party personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/= subscribed to the within instrument and acknowledged to me that he/shcAarey executed the same in hisAverk.iikoir authorized capacity(ies), and that by his/emir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my n7d and official ture of Notary State of62i ) County of 6--de l/ e • On .2Z/vel a„,t..et� y C / before me, appeared Affiant Known Produced ID Type of ID 01% Francia Carvajal (Seal) * _ l *My Commission CC679246 'In, Expires September 10, 2001 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant Known Produced ID ......f e of ID Signature of Preparer RANDALL L. MAY (Seal) Print Name of Preparer 1700 SANDPIPER ST., MERRITT IS., FL. Address of Preparer -- - t//7- L.9 , 5 co Ambassador Services, Inc. P.O. BOX 654 • CAPE CANAVERAL, FL 32920 July 6, 2005 To Whom It May Concern: We are asking for a variance to build a conveyor belt over the twenty-five (25) feet set back between Cape Canaveral and Port Canaveral boundaries. The purpose of the sixteen hundred (1600) foot conveyor is to move rock from the ships to our storage area to cut back on truck traffic. The variance is on land that we own, to land that we have a permanent easement on from the Port Authority. Sincerely, Randy M Ambassador Services, Inc. P.O. BOX 654 • CAPE CANAVERAL, FL 32920 T July 6, 2005 E L 3 To City of Cape Canaveral 2 1 • 8 • Re: Variance Applications 4 4 6 6 1 We the owners, of Ambassador Services, Inc. hereby grant Randall May as our attorney -in - fact to file such applications and forms on our behalf and to take such actions as he shall deem A necessary and appropriate with connection to such variance application. Please direct any correspondence on this matter to Mr. May at the following address of: Ambassador Services, 2 Inc. P.O. Box 654 Cape Canaveral, FL 32920 8 Thank you for your cooperation. 6 8 • 2 6 2 E M A L A M B A s s A D 0 R s E R V I c E N c E A R T H L I N K • N E T Very truly yours, Randall May NOTARY PV tICsan LT OF FLO RIA Commission #DD384306 Expires: MAR. 23, 2009 Bonded Tiiru Atlantic Bonding Co., Inc. APPLICANT NAMES)/ADDRESS; may, randy 543-8689, MINER NAME(S)/ADDRESS: RADIUS MAP Brevard County Property Appraiser. Jim Ford BUFFER DISTANCE 500 FEET Based on data from the Property Appraiser's Office MP SCALE IS 16000 (one inch = 500 feet) This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners, Property Appraiser, and Geographic Information Services do not assume responsibility for errors or ammissions contained hereon. Produced by: Brevard County Planning & Zoning Office — GIS, July 05, 2005 Notification buffer Parcel/lot boundaries Numbers on map correspond to mailing list 4 PORT AUTHORITY Notice to Proceed June 8, 2005 Randy May Ambassador Services P.O. Box 632 Cape Canaveral, FL 32920 Re: Canaveral Bulk Terminal Overland Conveyor Dear Randy: RAYMOND P. SHARKEY Chairman TOM GOODSON Vice -Chairman RODNEY S. KETCHAM Secretary -Treasurer RALPH J. KENNEDY Commissioner JOE D. MATHENY Commissioner J. STANLEY PAYNE Chief Executive Officer The Canaveral Port Authority has reviewed your plans on the Canaveral Bulk Terminal Overland Conveyor and a Notice to Proceed with construction is hereby issued. Upon completion of construction the architect/engineer must submit a signed and sealed affidavit stating that the plans submitted and the construction are in compliance with the Florida Building Code as stipulated in Section 104.3.2 of the Florida Building Code. In addition, please note that the facilities cannot be utilized until we have these documents in our possession. Additionally, we had asked that your engineers submit signed/sealed calculations to us demonstrating the foundation would not impede the drawdown of the dry retention areas. If this cannot be proven, the system would need to be redesigned and the permit modified. A construction schedule must also be submitted with the dates of all footer pours so as inspections may be accomplished. If you have any questions, please feel free to contact me. Sincerely, CANAVERAL PORT AUTHORITY David M. Hamby Manager, Property, Permitting & Inspections cc: Mark Blake Gee & Jensen Tenant File PORT CANAVERAL & FOREIGN TRADE ZONE 136 200 George J. King Blvd. • P.O. Box 267 • Cape Canaveral, FL 32920, USA • 321.783.7831 • 1.888.PORTCAN www.portcanaveral.org City of Cape Canaveral July 7, 2005 NOTICE OF PUBLIC HEARING TO THE ADJACENT PROPERTY OWNER(S): Notice is hereby given by the City of Cape Canaveral, that Randall May representing Ambassador Services Inc., P.O. Box 654, Cape Canaveral, FL 32920 has requested a Variance to Construct a Conveyor Belt Over the 25 Foot Setback Between Cape Canaveral and Port Canaveral Boundaries and from Marlin Street, pursuant to the Cape Canaveral Code of Ordinances, Zoning Regulations, Section 110-62(A) for the property described as follows: Legal Description: Township 24, Range 37, Section 15, Parcels 29, 33 and part of 2, 3, 31 and 35. (245 Challenger Road, 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 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 thata verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Thisnutik,e does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedngs should contact the City Clerk's office (868-1221), 48 hours in advance of the meeting. Susan Stills, CMC City Clerk 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 Applicant: Location: City of Cape Canaveral Canaveral Bulk Storage Variance Designated Agent; Randall May. Range: 15 Township: 37 Section: 24 Acreage: 1.75 Acres Proposed Number of Units: Not Applicable Current Future Land Use: Industrial M-1 Current Zoning: Industrial M-1 Description: The applicant requests a variance from the 25' setback requirement from property lines to construct a conveyor belt coming from the port to the applicant's property along the owner's 25' setback. The subject parcel is currently developed and located south of George King Boulevard and west of North Atlantic Avenue. North South East West Zoning Port M1 Industrial M1 Industrial and C-1 Commercial Port/M1 Industrial Comp Plan Port MI Industrial M1 Industrial and C-1 Commercial Port/M1 Industrial Existing Conditions Port Canaveral Vacant Industrial and S.E. Portside Villas Port Canaveral 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 City's population as of April, 2004 was 9,807. There is adequate park space available, even though the variance will not affect the facilities or the implementation of the public service infrastructure. George King Boulevard is operating at Level of Service "A" with 373 available peak hour trips between North City Limits and Central Blvd. A1A South of Central Blvd to North Atlantic has a level of Service is "A" with 368 excess trips. This is an existing development, the conveyor belt is a means of transporting the materials to the site. In essence the number of trips to and from the site should be cut in half with the installation of the conveyor belt. Traffic Impact Analysis and capacity is not available. • 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. This project will not generate any added waste water. 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. This project could require approximately 1,400 gallons daily. Even though the variance request will not affect water quantity or quality there is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site consists of a Canaveral complex, gently undulating (Ca) soil type. Canaveral soils consist of nearly level and gently sloping soils that are a mixture of sand and shell fragments. The water table is between a depth of 10 to 40 inches for 2 to 4 months of the year and below a depth of 60 inches in the dry seasons. The natural vegetation is saw -palmetto and scrub live oak on ridges and sand cordgrass in sloughs. Historical and Archaeological Resources in Amendment Area: Not Applicable. Population Projections and Trends: Not Applicable. cz) Request for Variance Canaveral Bulk Storage Variance Summary for Request: The applicant requests a variance from the property 25' front and side setbacks from the property lines. The owner (designated applicant) proposes to construct a 1,600 foot conveyor belt connecting the port to the property line within the 25' setback of the owned property. The conveyor belt will pass above George King Boulevard and will be completely enclosed from beginning to end. The conveyor belt shall not cause any preliminary traffic, infrastructure, congestion, or growth problems resulting for the request and granting of the variance. Conditions: The conditions are as follows and items (a) through () must be answered in full: (Ordinance 110-62) A. That special conditions and circumstances exist which are unique to the land, structure or building involved and are not applicable to other lands, buildings or structures in the same district. The conditions that exist are unique to the land due to the proximity of Port Canaveral owned lands. The proposed structure is very unique and visual impacts are being reduced by enclosing the conveyor system. Because the Conveyor system has to cross property lines it requires a variance to do so. B. That literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. To meet the setback requirements the conveyor system will need to be redesigned with a temporary or removable section within the setback areas. This does not seem to be a functional solution. Requiring a temporary or removable system may create an undue hardship to achieve. Also the conveyor system has benefits of reducing truck traffic on George King Blvd. Due to the unique nature, location, and use of the property the conveyor belt will need to require a variance referring to the conveyor belts entrance to the property and the conveyor belts distance from property lines and road right of ways. C. That the special conditions and circumstances referred to in item (A) above do not result from the actions of the applicant. The applicant's request for relief of the 25' setback minimum does result from the actions of the applicant. MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: August 1, 2005 RE: Canaveral Bulk Storage Site Plan I have three general comments: 1. All owners of the property need to be apparent and accounted for in the signing and documentation of the variance request. 2. A `Unity of Title' may be required to relinquish inter -parcel property line setbacks and other property requirements. 3. The site plan requires a variance (currently under consideration). If you have further questions, please feel free to contact me at 407-629-8880. J t MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: July 15, 2005 RE: Variance Request July 6th Canaveral Bulk Storage The Public Works Department has reviewed the above Variances request and does not have any comments and or concerns. hr�r k7�! 21Mb 13: 44 4076297883 MILLER LEGG PAGE 03/04 rage i or I Todd Peetz From: John Cunningham Qcunninghamt cvfd.org] Sent: Tuesday, July 19, 2005 11:38 AM To: Todd Peetz. Subject: Re: Canaveral Sulk Storage Todd. I have reviewed the request for a variance in the set back; we have no issues at this time. Jahn Cunningham Asst. First Chief/Piro Marshal Cape Canaveral Volunteer Fire Dept. 190 Jackson Ave Cape Canaveral, FL 32920 Office: (321) 783-4777 Fax: (321) 783-5398 http:lMrwwccv_fd ,org. 8/3/2005 r� 1 a, ' Planning & Zoning Boaru Meeting Minutes August 10, 2005 Page 2 FILE COpy 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. `1' ''/ �` r Planning & Zoning Board Meeting Minutes August 10, 2005 Page 3 City Attorney, Anthony Garganese, addressed the applicant and requested that the applicant provide a visual diagram of the structure to identify the height and the property lines that would be traversed by this structure. Discussion followed regarding the construction of the structure; the area of the property the applicant was requesting the Variance for; actual height of the structure crossing the property line setback; if the structure was enclosed; and whether the structure will withstand hurricane force winds. Randy May, property owner, testified that the structure would be constructed to cross over only the front property setback through the air; the structure would be 20 feet high at the middle, and reduced to 5 feet at the base; the structure is designed to withstand 160 mile per hour winds; the purpose of the structure was to reduce the amount of the truck traffic on George King Blvd.; and the Port Authority had granted a permanent easement across the adjoining Port Canaveral property. City Attorney, Anthony Garganese, asked the applicant what type of easement the applicant has with Port Canaveral. Mr. Mays replied that he had a permanent 100-foot easement at the boundary of the Port and the City of Cape Canaveral with perpetual use of the property. Mr. Garganese stated that this was a unique situation in that this may be a jurisdictional boundary issue and that the Board could consider these possibilities; one being that the Board could possibly grant or deny the Variance or consider a legislative change to Section 110-538, Encroachments. Lamar Russell voiced his opinion that this request was simply an encroachment of setbacks and the applicant needed a legislative change. Discussion followed regarding tabling the issue in favor of discussing a legislative change to Section110-538, Encroachments. Motion by Lamar Russell, seconded by Leo Nicholas, to table this agenda item. Vote on the motion carried unanimously. Motion by Lamar Russell, seconded by Leo Nicholas, to agenda this item for the next meeting, as an addendum to Setback Encroachment, Conveyor Belts. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Site Plan for Verizon Wireless Communication Tower (350 Imperial Boulevard) - Verizon Wireless. Inc., Applicant. City Planner, Todd Peetz, advised that the Board had seen this Request before and that the Board of Adjustment approved the site plan at the July meeting, with three conditions: 1) Board of Adjustment waived City landscaping requirements. 2) Applicant must comply with all setback requirements. 3) Special exception is limited to the leased portion of the property as shown on the submitted site plan. Larabell Flowers, Representative for Verizon Wireless, addressed the Board stating that the only change was a 5-foot error correction regarding the setback. Motion by Leo Nicholas, seconded by Lamar Russell, to approve the Site Plan for Verizon Wireless Communication Tower. Vote on the motion carried unanimously. • Page 1 of 2 Susan Chapman From: Todd Peetz [TPeetz@millerlegg.com] Sent: Friday, September 16, 2005 3:30 PM To: Bennett Boucher; Todd Morley; Anthony Garganese; Andy Kirbach; Ed Gardulski; John Cunningham; Shannon McNally Cc: Beatrice McNeely; chapman-cape@cfl.rr.com Subject: September 14th P&Z Meeting Review Team, The FYI from Wednesday night's meeting. 1) Meeting Minutes - Approved. 2) Short -Term Rentals - The discussion was to narrow down a time limit for the short-term rentals. Staff was to provide additional information for the ordinance based partially on what changes the County was enacting and from our own research. Considerable discussion ensued, they directed the City Planner to report to council what the time limit was as previously decided and the variables to be considered in the ordinance from their list of concerns. The list of concerns included: Length of stay per residential category (researching to see if a definite number of days were previously approved). Enforcement/performance standards Number of staff to enforce licensing - all owners have to be found and notified penalty provisions cost of enforcement - Salary to provide staff Daily tax and collection Tracking property sales w/sundown provision? or grandfathering Grandfather existing rental arrangements Define # of Occupants parking, littering, noise provisions Placard inside unit - standard of behavior Manager, Phone #, 24 hours availability Register with the City Owner's responsibility maintain harmony in the neighborhood The vote was 5-0 to report these concerns/issues to the Council. 3) Special Exception and Encroachments by Conveyor Belt Systems in the Setbacks - Discussed language that would allow Conveyor Belt Systems to encroach in the setback. Approved 5-0. 4) Variance for a conveyor belt in the setback Ambassador Storage. The item was tabled depending the outcome of the ordinance language to allow for special exception for a conveyor belt in the setback. Approved tabling 5-0 This overview does not replace the minutes, and are very generalized notes only. If you have any questions please give me a call. Todd Peetz Senior Planner 09/16/2005