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HomeMy WebLinkAboutAgenda Packet 4-24-14ROLL CALL: City of Cape Canaveral BOARD OF ADJUSTMENT REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLIO AVENUE April 24,2014 6:00 P.M. AGENDA PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Board of Adjustment excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial liteims (e.g. approvals of agenda, minutes, informational items), and quasi - judiiciall or emergency items. Citizens will llim,it their comments to three (3) minutes, The Board of Adjustment will not take any action under the "'Reports and Open Discussion" section of the agenda. The Board of Adjustment may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: Motion Re: Approval of Meeting Minutes of March, 2�7, 2014 2. Quasi-Judicial and/or Public Hearing: Motion Re: Special Exception Request No, 14-01 to allow the assembly, outdoor display, service, and sales of electric vehicles in the C-2 zoning district — 7077 N. Atlantic Avenue — Property Owner/Agent REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.0105, 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 inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise alllowed by law,. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with liabilities needing assistance to participate in the proceedings should contact the Community & Economic Development Department (868-1205, ext. 15) 48 hours in advance of the meeting. 75141 Atlantic Avenue — P.O. Box 326 —'Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofeapec,anaveral.org CITY OF CAPE CANAVERAL Board of Adjustment Meeting Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 MINUTES Tuesday March 27, 2014 6,00 PM CALL TO ORDER: Vice Chairperson Arvo Eilau called the Meeting to Order at 6:01 P.M. MEMBERS PRESENT Arvo Eilau Paula Collins Douglas Raymond Linda Brown OTHERS PRESENT Todd Morley David Dickey Anthony Garganese Mia Goforth Vice Chairperson Community & Economic Development Director Planning & Zoning Director City Attorney Deputy City Clerk/Recording Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Election of Chairperson and Vice Chaimerson. A motion was made by Linda Brown, seconded by George Sweetman to nominate Arvo Eilau as the Board Chairperson. Vote on the motion carried unanimously. A motion was made by Arvo Eilau, seconded by Paula Collins to nominate Douglas Raymond as Vice Chairperson. Vote on the Motion carried unanimously. 2. Motion Re: Approval of Meeting Minutes of October 30, 2013. A motion was made by George Sweetman, seconded by Linda Brown to approve the meeting minutes of October 30, 2013, as written. Vote on the motion carried unanimously. City of Cape Canaveral, Florida Board of Adjustment Meeting/Minutes March 27, 2.014 Page 2 of 3 I Quasi-Judicial and/or Public Hearin : Motion Re: Special Exception Request No. 14.01 to allow the assembly, outdoor display, service, and sales of electric vehicles in the C-2 zoning district — 7077 N. Atlantic Avenue — Property Owner/Agent. Community and Economic Development Director Todd Morley gave an update on the changes in his department and introduced Planning and Zoning Director David Dickey to the Board. Mr, Dickey shared sonic of his professional background and personal infori-nation. Mr. Dickey then presented the Staff Report regarding Special Exception Request No. 14.01. Board Members put forth questions regarding specifications/conditions for this Request on leasing and rentals and the selling of automobiles on this property. Mr. Dickey stated the Applicant was not present tonight. Discussion ensued and included the Applicant's absence at this meeting; the meaning of outdoor display; the electric vehicles being sold at this location and storage of inventory; how it is not the Board's job to discuss business contingency. Chairperson Eilau submitted photos to show violations regarding buffer zones. Discussion continued regarding tabling the Request because the conditions are not clear; increasing the buffer on both sides of the roperty; ingress and egress on the property. City Attorney Anthony p 7 Garganese advised the Board that without the Applicant here tonight, the Board cannot drill down on some of the issues and should let Staff go back to the Applicant before taking a final vote. Mr. Morley recommended tabling the item until the Applicant is here, Chairperson Eilau stated Conditions 1. -4 of the Recommendations in the Staff Report need to be clarified. A motion was made: by Linda Brown, seconded by George Sweetman to table Request No. 14.01 until the next meeting of the Board of Adjustment. Vote on the motion carried unanimously. Discussion ensued and included performance bonds for general compliance; how the conditions would become part of the permit and treated just like any other law. Mr. Morley announced that if any Members have concerns regarding conditions (violations) to please call the Community and Economic Development Department so they can work, on the enforcement side of things. 4. Interview & Recommendation to City,Council — New Board Member Candidatc(s). Desmond Wassell introduced himself to the Board and shared his professional and personal background. A motion was made by Linda Brown, seconded by Douglas Raymond to recommend City Council appoint Desmond Wassell as a Member of the Board of Adjustment. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Mr. Morley reported on the City Council approval of a loan for the New City Hall Facility and a charrette style meeting will be coming up regarding that; the new Fire Station; a southern overlay district plan and lessons learned from the Northern Overlay District Plan; Florida Department of Transportation has engaged Kimley-Horn to develop the Al A Corridor Project; the Business and City of Cape Canaveral, Florida Board of Adjustment Meeting /Minutes March 27, 2014 Page 3 of 3 Economic Development Board has started a City Branding Initiative to market the City to the world. Where being no further business, the meeting adjourned at 6:57 p.m. Approved on this day of 12014. Arvo Eilau, Chairperson Mia Goforth, Deputy City Clerk/Recording 'Secretary City of Cape Canaveral, Florida Board of Adjustment April 24, 2014 STAFF REPORT Special Exception 14-01 Request: For a Special Exception to allow for the assembly, outside display of merchandise, service, and sales of electric vehicles. Applicant and Owner of property: Stanley (Ed) Schoefield (Agent) Subject properties: 7077 N. Atlantic Avenue. This property is 1.84 acres. Future Land Use and Zoning Designation: C-2, Commercial Surrounding zoning: North — C-2, Commercial South — C-2, Commercial East --- C-1, Commercial West — C-2, Commercial Surrounding uses: North — multi-tenant office and light manufacturing South — general office East food/beverage West — multi-tenant office and light manufacturing Background/Analysis: The applicant is requesting to establish a sales and service center for a line: of all electric vehicles. According to Section 110-383 (c)(6) of the Code, a Special Exception must be granted in order to allow the "Sales of new and used automobiles, major recreational vehicles..." within the C-2 zoning district. The Code includes a definition of an "Automotive Vehicle" as a self- propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons..." Although the current Code did not contemplate electric vehicles, the definition of an automotive vehicle could incorporate the type of vehicle being proposed through this application. Although the City does not have specific regulations for the operation of electric vehicles, the State of Florida, as contained in F.S. 316, has established certain rules for their operation. Section 110-383(c)(6) a-c of the City Code established certain requirements that must be met when operating an automotive sales/service center. Notably, that all outside display areas shall be paved, all repair activities shall be in an enclosed structure, and there shall be no parking or storing of wrecked vehicles. Planning and Zoning Board Recommendation: At its February 26, 2014 meeting, the Planning and Zoning Board unanimously recommended approval of Special Exception 14-01, with the following conditions: 1. A maximum of eight (8) vehicles may be displayed in the parking lot at any one time. 2. All outdoor displays and/or merchandise shall be taken indoors at the close of business each day. 3. A minimum five (5) foot wide landscape buffer shall be installed along the property's frontage with N. Atlantic Avenue. The buffer shall be in conformance with See. 110- 687(1)(4) and (b) of the City's Code. Credit towards the landscaping requirements shall be given for existing landscape materials in the bufferyard. 4. Leasing of vehicles shall be prohibited, Staff Recommendation: Staff recommends approval of Special Exception 14-01, with the following conditions: 1. A maximum of eight (8) electric vehicles (which are the subject of this Special Exception) may be displayed in the parking lot at any one time. The display locations will be consistent with the attached site plan. 2. All electric vehicles (which are the subject of this Special Exception) and associated merchandise shall be taken indoors at the close of business each day. 3. A minimurn five (5) foot wide landscape buffer shall be installed along the property's frontage with N. Atlantic Avenue. The buffer shall be in conformance with Sec. 110- 687(l)(a) and (b) of the City's Code. Credit towards the landscaping requirements shall be given for existing landscape materials in the bufferyard. 4. Leasing and/or rental of electric vehicles (which are subject to this Special Exception) shall be prohibited at this location. Attachments: John Cunningham 1/29/2014 memo Lonnie Dunn 1/29/2014 memo Todd Morley 2/19,/2014 memo John Pekar, P.E. 2/5/2014 memo Special Exception Worksheet and Staff Analysis David Dickey 3/20/2014 memo Special Exception Application Susan.Chapmain �W� . . . . . . . . . . . . . Frorn: John Cunningham <jcunningham@ccvfd.org> Sent: Wednesday, January 29, 2014 2:15 PM To: Susan Chapman Subject: RE: Special Exception Request No. 14-01 - 7077 N. Atlantic Avenue - Electric Vehicles We have no comments. From: Susan Chapman [1nplltq,.! „Chapnqp@gy'g �,a eq4pj5LygLjgorg] Sent: Wednesday, January 29, 2014 1:35 PM To: Todd Morley; Glenn Pereno; Jeff Ratliff; Lonnie Dunn; John Cunningham; Ted Oglesby @ Waste Pro; 1P-tL<LaE(d)gLa01 mmcom Cc: David Greene Subject: Special Exception Request No. 14-01 - 7077'N. Atlantic Avenue - Electric Vehicles Good Afternoon DRC, Please review the attached Special Exception Request. Please submit your comments on or before Wednesday, February 5, 2014. Thank you, Susan H Administrative Assistant/Board Secretary Community and Economic Development 7510 N. Atlantic Avenue * P.O. Box 326 Cape Canaveral, FL 32920-0326 Email: S,chapqjaL� cit f a ecanaver pLqjg Phone: (321)86,8-1205 * Fax: (321)868-1247 P„ f"k,'('r 54! 01 j'\" 51""1 (1" , 1 " C" A, 11, A (19 6,3L 2 0,�', 4) ABefore you print this vn .ad or attachments, please consider the environment. (:t I lorida has a very broad public records law. As a result, any writler communicatIor created or received by the City of Cape Canaveral officials and employees will be made available to the public andlor media upon request, unless otherwise exempt. Under Florida I aw, email addresses are public records. If you do not want your email address released in response to a public- records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing, TO:� Todd Morley Community & Econendc Development Director FROM: Lonnie Dunn PWS Deputy Direct)r AIE� DATE: January 29, 2014 RE: Special Exception No. 14-01 Electric Vehicles 7077 North Atlantic Ave. PWS Staff had reviewed the special exception request for the -referenced property and has no concerns or corarnents, g T)O. David Dickey, Planning and Zoning Director FROM: Todd Morley, Community & Economic Development Director DATE: February 19, 2014 RE: SPECIAL EXCEPTION REQUEST #14-01 7077 N. ATLANTIC AVE. - ELECTRIC VEHICLES I recommend approval of the Special Exception with the following comments: Please clarify the type of electric vehicles proposed (Golf Carts? Low-Speed Vehicles?). Restrictions imposed 110 - 383 -(c)6 will apply. Restricted to sale only. Continued compliance with Florida Statutes regarding the use of Golf Carts and Low-Speed Electric Vehicles will be required (see attached). Low-S eed Vehicles and Golf Carts The 2012 Florida Statutes 320.01 Definitions, general (42) "Low-speed vehicle" means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and s. 316.2122. 316.2122 Operation of a low-speed vehicle or mini truck on certain roadways. — The operation of a low-speed vehicle as defined in s. 320.01(42) or a mini truck as defined in s. 320,01(45) on any road is authorized with the following restrictions: (1) A low-speed vehicle or mini truck may be operated only on streets where the posted speed limit is 35 miles per hour or less. This does not prohibit a low-speed vehicle or mini truck from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (2) A low-speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers. (3) A low - speed vehicle or mini truck must be registered and insured in accordance with s. 320.02 and titled pursuant to chapter 319. (4) Any person, operating a low-speed vehicle or mini truck must have in his or her possession a valid driver's license. (5) A county or municipality may prohibit the operation of low-speed vehicles or mini trucks on any road under its jurisdiction if the governiing body of the county or municipality determines that such prohibition is necessary in the interest of safety. (6) The Department of Transportation may prohibit the operation of low-speed vehicles or mini trucks on any road under its jurisdiction if it determines that such prohibition is necessary in the interest of safety. 316. 1' Operation of golf carts on certain roadways.—The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided her6n: (1) A golf cart may be operated only upon a county road' that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System, where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes, (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if-, 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2, The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Notwithstanding any other provision of this section, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having oiriginal jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes, This subsection shall apply only to residents or guests of the mobile home park, If notice is posted at the entrance and exit of any mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour or less. (5) A golf cart may be operated only during the hours between, sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (6) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a, rearview mirror, and red reflectorized warning devices in both the front and rear. (7) A golf cart may not be operated on public roads or streets by any person under the age of 14. (8) A local governmental entity may enact an ordinance relating to: (a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within, the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver., (b) Golf cart operation on sidewalks adjacent to specific segments of muinicipall streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if: 1. The local governmental entity determines, after consideringi the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share the sidewalk; 2. The local governmental entity consults with the Department of Transportation before adopting the ordinance; 3. The ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at least 8 feet wide; 4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6). However, the ordinance may require additional equipment, including, horns or other warning devices required by s. 316.271; and 5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks. (9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)-(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a Focal ordinance corresponding thereto and enacted pursuant to subsection (8). History,—s., 2, ch. 83-188; s. 1, ch. 84-111; s, 2, ch, 88-253; s. 322, ch. 95-148; s. 4, ch,. 96-413; s. 168, ch. 99-248; s. 7, ch. 2000-313; s. 6, ch. 2005-164; s. 3, ch. 2008-98; s. 46, ch. 2010-223. JOHN A. PEKAR, P.E, LLC avif Enginsering/Consubing 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 Offim Phone: 321-613-2959 CeU Phone: 321-288-1040 jobjipekarpe@gmad.00tn '4?'0A'*'dA WeA" gpe. RadMwe roniflowt@gmau.com OfficeManager Cell Phone; 32J-403-9899 February 5, 2014 Susan Chapman City of Cape Canaveral 7510 North Atlantic Avenue Cape Canaveral, FL 32920 Re: Special Exception Request No. 14-01 7077 N. Atlantic Avenue Electric Vehicles Dear Susan: In reviewing this special exception request for 7077 N. Atlantic Avenue, we note the following: 1, The C-2 District is directed towards a mix of low density commercial and light industrial. Special exceptions in this District do allow: a. Sales of recreational equipment; and b. Vehicle rental facility. 2. "White an initial concern was that this exception to C-2 zoning is not adjacent to any other C-2 area, the engineering criteria is very favorable. 3. Minimum structure sizes of 10,000 s.f is required in C-2 (See, 110-385). The submitted application does meet this criteria as well as other setbacks, parking, etc. Based on the above, it is recommended that this special exception be approved. If you have any questions please call, Thanks, John A, Pekar, P.E. JAP:rmf Special Exception Worksheet and Staff Analysis SE 14-01 All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: 1. Land Use and Zoning a. Is the Special Exception consistent with the intent of the Comprehensive Plan? Yes, the C-2 Commercial land use classification allows for a mix of low density commercial and light industrial uses adjacent to major arterial streets pursuant to a Special Exception. b. Is the Special Exception consistent with the intent of the zoning district in which it is sought? Yes, given the surrounding area has developed in a commercial nature. c. 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, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes. 2. Impact to Surrounding Properties a. Is the Special Exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the surrounding area is developed in a commercial nature. b. Will the scale and intensity of the Special Exception be compatible and harmonious with adjacent land uses? Yes. c. Will the traffic generated - volume and type - adversely impact land use activities in the immediate vicinity? No. d. Will the Special Exception create any adverse impacts to other properties in the surrounding area'? Address the creation of noise, light, vibration, odor, storm water runoff, or other offsite impacts that would not have been created had the property been developed as a principal use? No, e. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the Special Exception? Yes. f. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the Special Exception requested? Yes. g. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. h. What are the hours or operation and how will they impact surrounding properties? Typical retail hours. There will be no negative impact, 3. Traffic and Parking a. Is there adequate off-street parking? Yes. b. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. The property is adjacent to the signalized intersection of Center Street and N. Atlantic Avenue. c. What type and how much traffic will the Special Exception generate? Typical retail traffic. d. Are there adequate loading and unloading areas? Yes. 4. Public Services a. Are adequate utilities available? Location and capacity. Yes. Within the N. Atlantic Avenue right-of-way. b,. Will the Special Exception create any unusual demand for police, fire, or emergency services? Im c. Will the Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. d. Are there adequate refuse facilities for the Special Exception and is the dumpster properly located and screened? Yes. 5. Miscellaneous Impacts a. Will the Special Exception have an adverse impact on the natural environment, including air, water, .and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. Any development on site will be required to comply with applicable local, state, and federal rules and regulations. b. Will the Special Exception have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? No. c. Will the Special Exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. d. Will the Special Exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? No. n d-4 d�N X T 01 Uape Uanaveral Planning & Development Department TO: Cape Canaveral Board of Adjustment VIA: Todd Morley, Community & Economic Development Director FROM: David Dickey, Planning and Zoning Director ` ��) DATE: March 20 2014 RE: Planning and Zoning Board Meeting — February 26, 2014 At its February 26, 2014, regularly scheduled meeting, the Planning and Zoning Board unanimously approved Special Exception 14 -01 with the following conditions: 1. A maximum of eight (8) vehicles may be displayed in the parking lot at .any one time. 2. All outdoor displays and/or merchandise shall be taken indoors at the close of business each day. 3. A minimum five (5) foot wide landscape buffer shall be installed along the property's frontage with N. Atlantic Avenue. The buffer shall be in conformance with Sec. 110 - 687(1)(a) and (b) of the City's Code. Credit towards the landscaping requirements shall be given for existing landscape materials in the bufferyard. 4. Leasing of vehicles shall be prohibited. 7510 N Atlantic Avenue — PO, Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1205 — Fax (321) 868-1247 http://www.cityofcapecanaveral.org f W cd» »\ion sheet..,..\ Subimitt,al Checklist (' \2\ \#? Sheet \ i Worksheet ......... ............................... 5, 6 & 7 Radius ay.\. Instructions f_.«a#f n r ©\■2° .t 2D - Special Exception Application - 101411 Page 1 spee,�O) h:"X,Ce-e411O,A 114 -01 Description of Request: (Insure that the speciffic code sections of'the; zoning ordinan that allow and support your request are noted). If necessary, attach: separate she( Name of Project (if applicable): Legal description- Lot(s) -131ock Subdivision Section Township Range Future Land Use: and Zoning designations' I am, the property owner. _ZI am a tenant. (Attach notarized letter of authorization). Sri ANN» (Attach Written Power of AttorneY) ;4- L:F C- Email(s): Authorized Agent Information (if applicable): Name of Authorized Agent, Mi ,alli�ng Address: Phone number(s): A 'I ,. I hereby attest that all information, sketches and data contained and made part of this request are honest and true to the best Signature of Applicant: �! State of Florida County of Li Signature of Notary: ILIMEEt-M RY may No Cr,y Public Stjte of Florida MaOgie UStergard My Corr Z roission EE147 177 xr '16 �9 Expires02/2212016 PD — Special Exception Application - 101.411 Page 4 Owner Information State FLI Zip 30Z 16 0 Representative Information V6�11e_ a� Representative's name Representative's telephone number Representative's address city State FL Zip Property Information Property Address: Being th owner of the real property referenced by the property address above, I authorize the person named on this document referred to as the "Representative" to file an appeal in matters concerning the application for business license. I further authorize the representative to appear as a witness at any informal or format hearing of the Board. Owner's Signature Date Signed: Notary Signature: rVIC,q q M Notary Public Stag of Florido Maggie ostergard MY "-ofnrwssyan EE 147 177 E`xpiros (.0221201G Municode Page I of I �'-TTWF mly-M31"M EGLOMM-6 =0" • ffornmr,", "-1 (a) In the C-2 commercial/manufacturing district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1 Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review, 5• Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district. 6. Sales of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. b. AIII ingress and egress points to abutting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure, d. There shall ) be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. Reserved. Public utility equipment: Uses and rights-of-way essential to serve the neighborhood in which it is located. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of section 10-86, et seq. 10. Carwashes, including polishing and sale of related materials. 11. Mini-storage and storage warehouses. 12. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 1110-171 13. Vehicle rental facility, as provided in _ , �O-5�6 of this Code. 14• Pain management clinics, subject to the requirements of section 110-489 of this Code. (Ord. No. 4-99, § 1, 7-6--99; Ord. No. 02-2003, § 2,34-03; Ord. No. 06-2011, § 2, 10- 18 -41; Ord. No. 05-2013, §2, 3-19-13) litq-)://]ibrary.inuiiicode.com/print.aspx?fi—&clientlD=I 2642&HTMRequest=`htt1')%3a%2f,,, 2/12/2014 Worksheet An applicant for a Special Exception is required to meet with the Planning Director prior to completing and submitting the application. The following worksheet will be used to evaluate the requested Special Exception. A Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, etc. would be appropriate, A Special Exception will promote the public health, safety morals, order, comfort, convenience, appearance, prosperity or general welfare of the neighborhood community. It is the applicant's responsibility to make a case for the requested special exception and this worksheet is the criteria by which the Planning & Zoning Board will make its recommendation and Board of Adjustment will make its determination. Describe what you are proposing to do and why. Describe in writing and prepare site plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe the Special Exception requested. 1. Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. /`5� ,.--2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? r( r il 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater runoff, or other offsite impacts? G 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? PD - Special Exception Application - 101411 Page 5 m7rannffn- 40D, MOW 6. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? 7. Are signs and exterior, lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? 8. What are the hours of operation and how will they impact surrounding properties? Traffic d rking an Pa 9. Is there adequate off-street parking? 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? 11. What type and how much traffic will the SE generate? 12. Are there adequate loading and unloading areas? Public Services 13. Are there adequate utilities available including location and capacity? 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities /,//p 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Miscellaneous Impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? , 0 PD - Special Exception Application - 101411 Page 6 &-t gag A auggli ITM=Om irol 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? 20. Will the proposed special exception have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? ) PD - Special Exception Application - 101411 Page 7 Special exception Worksheet Space Crust EV 7077 N. Atlantic Ave Cape Canaveral, FL 32920 Nature. of Special. Exception for 7077 N. Atlantic Ave .s -4 . r Our request is keeping with the current zoning district except it restricts the sale of motor vehicles. We at Space Coast Electric Vehicles respectfully request to sell. our non - polluting vehicles at our current location. In keeping with the tradition of Crape Canaveral our company is leading the charge in the production of no emission vehicles for use on the street and neighborhood with speed limits of 35 mph or less. Our facility will not be an ordinary "CAR LOT" as you know it, but a small area inside and out to display our standard and custom carts and scooters. Impact to Surrounding Properties 1. Yes, in a commercially approved district (C -2) 2. Yes 3. No, prospective customers, customers traffic is on roadway with sufficient capacity. 4. No, again, current use C: -2, no changes -5. Yes, back area and. dumpster to be behind. a screened fence area. & Yes 7. Si_gnage and lighting will be in compliance and to be determined later 8.9 -6 :00 M -F, 9 -1 Saturday and with no impact on surrounding areas Traffic and Parkin. 9. Yes 10. Yes 1.1. Minimal customer traffic 12. Yes Public Services 13. Yes 14. No 15. No 16. Yes, dumpster will be located in fenced screened area at rear of building Miscellaneous IjDpact 1?, No 18. No 19. No 20. 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