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HomeMy WebLinkAboutAgenda Packet 10-22-14ROLL CALL: City of Cape Canaveral BOARD OF ADJUSTMENT REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE OCTOBER 22, 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 items (e.g. approval of agenda, minutes, informational items), and quasi- judicial or emergency items. Citizens will limit 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 June 12, 2014 2. Interview & Recommendation to City Council Re: Potential Board Member — William Elliott 3. Quasi -Judicial and/or Public Hearing: Motion Re: Request to Approve Special Exception No. 14-04 to allow the construction of an Assisted Living Facility in the R-3 zoning district — 700 W. Central Boulevard - Puerto Del Rio, LLC, Property Owner 4. Quasi -Judicial and/or Public Hearing: Motion Re: Variance Requests No. 14-01 — 700 W. Central Boulevard — Puerto Del Rio, LLC, Property Owner - Authorizing the Following: 1) To allow for a building length of 353 feet and a building width of 320 feet rather than the 185 foot maximum length or width per Section 110-316(7), City Code. 2) To allow for a 25 ft. setback from an adjacent residential lot line rather than the 50 feet per Section 110-488(a), City Code. 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 allowed by law. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org 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. 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org BOARD OF ADJUSTMENT MEETING MINUTES JUNE 12, 2014 A Meeting of the Board of Adjustment was held on June 12, 2014, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:04 p.m. by Vice Chairperson Douglas Raymond. The Secretary called the roll. MEMBERS PRESENT Douglas Raymond Vice Chairperson Paula Collins Linda M. Brown Desmond Wassell George Sweetman MEMBERS ABSENT Arvo Eilau Chairperson OTHERS PRESENT Kimberly Kopp Assistant City Attorney John Cunningham Assistant Fire Chief/Fire Marshall Todd Morley Community & Economic Development Director Susan Juliano Secretary NEW BUSINESS: 1. Approval of Board of Adiustment Meeting Minutes - April 24, 2014 Moved by Mr. Wassell, seconded by Mrs. Collins to approve the Meeting Minutes of April 24, 2014 as presented. Vote on the motion carried unanimously. The March 27, 2014 minutes were unintentionally withheld from the agenda for correction of adding Mr. Sweetman's name showing attendance at the meeting. Moved by Mrs. Brown, seconded by Mrs. Collins to approve the Meeting Minutes of March 27, 2014 as presented. Vote on the motion carried unanimously. Assistant City Attorney Kopp swore in all participants speaking at the meeting. 2. Quasi -Judicial and/or Public Hearing: Motion Re: Request to Modify Special Exception No. 13-06 to allow the construction of four single-family homes in the C-1 zoning district —127,131,135,139 Oak Lane — Patrick Lee, Property Owner Mr. Morley stated that the project must first be reviewed/approved by the Fire Department to ensure that all fire requirements were met. This information was just brought to the attention of C&ED Staff today and the applicant was notified immediately. Board of Adjustment Meeting Minutes June 12, 2014 Assistant Chief/Fire Marshal John Cunningham explained the need for a water line, fire hydrant and turn around area on the property. The Fire Department had a verbal agreement and Mr. Cunningham would be meeting with the applicant to discuss the conditions and obtain a written agreement. He did not anticipate any problems with the project coming into compliance. Mr. Cunningham remarked there was enough room to turn around on the property and the nearest fire hydrant was approximately 500 feet. Discussion ensued regarding the paving of Oak Lane. Mr. Morley stated that the City was unable to issue a building permit until the project had received approval from the Fire Department. From that point, the permit could be issued in approximately 7 to 10 days. He remarked that the City was in favor of the project, was looking for full compliance from the applicant and provided assurances that processes between C&ED and the Fire Department would be changed/improved. Discussion ensued regarding the fire hydrant. Assistant Chief Cunningham stated that was a building code issue and the applicant would need to complete all the road improvements prior to issuance of a Certificate of Occupancy, which would be approximately a sixty day turnaround. Mr. Raymond opened the meeting up for public hearing. Mr. Bernie Lennon stated he built a house approximately four years ago on Oak Lane and the City Attorney verified that the road was in the City and the turnaround at the end of the road was large enough for trucks to use. Motion by Mr. Raymond, seconded by Mrs. Collins to approve Modification to Special Exception No. 13-06 contingent upon meeting the Fire Department's conditions. Vote on the motion carried unanimously. 3. Quasi -Judicial and/or Public Hearing: Motion Re: Special Exception Request No. 14-03 to allow a truck and trailer rental facility in the C-1 zoning district — 8000 Astronaut Boulevard — Alan Beal, Applicant Mr. Morley stated that the rental facility was affiliated with the U Haul Company. The Special Exception would allow the applicant to expand the allowable uses to include a truck and rental facility. The north side of the property would be utilized for rentals. The maximum pieces of rental equipment allowed outside of the screened storage area would be limited to three; surplus would be kept in the storage area. Applicant Alan Beal stated (a) he was adding palm trees to limit visibility of vehicles, (b) the business would not be open after dark and (c) he was working to improve the fabric covered fence with a wooden fence. He would still operate the car wash, but not for the rental trucks. 2 Board of Adjustment Meeting Minutes June 12, 2014 Mr. Raymond recommended that business hours of 7 am to 6 pm be approved in the event there was a future need to extend the hours. There were no questions/comments from the audience. Mr. Raymond moved, seconded by Mr. Wassell to approve Special Exception Request No. 14-03 with five conditions: 1. Maximum of three motorized and two non -motorized pieces of rental equipment allowed outside screened storage area. 2. Parking of all rental equipment as depicted on the Site Plan. 3. Hours of operation limited to Monday -Sunday from 7 am -6 pm. 4. Exterior kept clean, orderly and in good repair. 5. Landscaping condition of palm trees/adequate screening. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: None. Moved by Mrs. Brown, seconded by Mr. Sweetman to adjourn the meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 6:59 p.m. Approved on this day of 92014. Douglas Raymond, Vice Chairperson Susan Juliano, Secretary 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out ao apple ion. _01y Godq also prohibits a person from serving on a City Board or Committee if that pon has been convicteld' of :a felony, unless their civil rights have been restored. AUG z ] 20 14 Please complete the following in the space provided: - A. GENERAL , 1. Applicant Name: — IA -1.1 11 a—WK dS-pI+l !Soe,.� tib 2. Home Address:�,�bccA- A� f/ 3. Home and Cellular Telephone: 3 1 ' - 4. Occupation: Vit u:rx ��� _ E �� i .1'e ej- 5. Business Telephone: 3 — S5 3 " O6 9 6. Business Address: �� �1 S 14 � 6p.0, Cayay mk A i T— re K,2 S {2~i�i4K r__L 7. E -Mail: _ -Q. C D o { l2 b , �L1 t.���f1 JMi , 60641 B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) / (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)--V—/(N) 3a. Are you a Business owner: (Y) (N) 3b. If yes to 3a, please list the name: B r i1r-m*%ie5e1 DK TSWX 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. 2. INTERESTS/EXPERIENCE (Y) (N)_1_/ Briefly state your interest in serving on a Citv advisory board or committee: In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Y b. Board of Adjustment" Business and Economic Development Board* c. _� Code Enforcement Board' d. Community Appearance Board` e. Construction Board of Adjustment and Appeals' f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board` L Other: 'Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state anj� prior experiences in serving on any governmental board or committee: Q t-tl a A tn � l rA %A to i no, >` � o �t � nC, � oa J JA a (O e,6AkQ Jam,` 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that yqu feel help to qualify you fpl membership ppn the desired board or committee. —ins-, S H stuns a WKeX D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDE African-American Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Date: / Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 27 I Date Appointed: JAppointed by: Board Appointed to: Term Expires: Page 3 of 3 Joe Elliot 141 J Aquarius Way Cape Canaveral, FL 32920 321799-0253 (H) 321853-5054 (W) email: joecool@dgital.net Wm. Joseph (Joe) Elliott Objective Leadership position in a company dedicated to achieving excellent results in quality, cost, delivery, and customer satisfaction. Areas of Experienice Management Systems Management of annual $13.8 million Operations and Maintenance budget ISO 9000 (ISO Management Representative for Launch Operations Support Contract (LOSC)) ISO 14000 (Key player in certification for one of the first 25 companies in US to be certified) Florida Sterling Criteria for Organizational Performance Excellence (Examiner for four years) Budget Management Managed Operations and Maintenance budget of $13.8 million o Budget for personnel labor force of 145, included tracking by Work Breakdown Structure, cost codes, funding sources and eight departments o Tracked actuals vs budget o Produced variance analysis reports Produced financial estimates for O&M of facilities or for specific tasks Process Management — Establish process management components Mapping Documentation Measurement Continuous Improvement Cost Avoidance/Savings o Developed process that initiated, implemented and documented over $11 million in savings over three years CorrectivelPreventive Action — Develop corrective/preventive action systems Incident investigations Problem identification & Root Cause analysis Corrective Action determination and implementation Effectiveness reviews Chairman of Corrective Action Boards Internal Audits — Responsible for all aspects of internal audit program Program management Audit schedule coordination — Audit performance Provide training Management Reviews — Develop and conduct management reviews — Strategic planning Performance measures Balanced scorecard Performance improvement plans Systems Reliability/Safety - Perform system analysis System Assurance Analysis (SAA) Failure Modes Effect and Criticality Analysis (FMECA) Hazard analysis Fault Tree Analysis Work History Quality Supervisor: May 2009 — present. Space Coast Launch Services, Cape Canaveral Air Force Station, FL Technical Manager: July 2005 — May 2009. Space Coast Launch Services, Cape Canaveral Air Force Station, FL Quality Manager: October 2000 — June 2005. Jacobs Engineering - Sverdrup Technology, Inc., Cape Canaveral Air Force Station, FL Metrics Specialist: June 1998 — October 2000. Sverdrup Technology, Inc., Cape Canaveral Air Force Station, FL Quality Assurance Manager: December 1995 — May 1998. Brown & Root Services Company, Cape Canaveral Air Force Station, FL Lead Trend Analysis Engineer: March 1990 — February 1995. Analex Space Systems Inc., Kennedy Space Center, FL Reliability/System Safety Engineer: June 1988 — March 1990. EG&G Florida, Inc., Kennedy Space Center, FL Reliability Engineer: June 1985 - June 1988. McDonnell Douglas Astronautics Company, Titusville, FL Teacher: August 1984 — June 1985. Volusia County Public Schools, Deland, FL. Taught Geometry and Basic Computers at Seabreeze High School in Daytona Beach. Teacher: August 1983 — June 1984: Mingo County Public Schools, Williamson, VW. Taught Advanced Math, Business Math, General Math, Geometry, and Algebra at Burch Junior/Senior High School in Delbarton, VW. Education Master of Science, Systems Management, Florida Institute of Technology, Melbourne, FL; 1987 1991 Bachelor of Science, Mathematics/Physics, Morehead State University, Morehead, KY 1978 1983 Page 1 of 2 City of Cape Canaveral Board of Adjustment Meeting Date: 10/22/2014 Item No. f Subject: Special Exception Request No. 2014-04 — Assisted Living Facility in the R-3 Zoning Category — 700 W. Central Boulevard Department: Community & Economic Development (C&ED Applicant/Owner: Puerto Del Rio, LLC Summary: On November 26, 2010, the City Council adopted Ordinance No. 17-2010 to establish Assisted Living Facilities (ALF) as a special exception use in the R-3 zoning district. An ALF is designed specifically for persons who require assistance with some or all of their self/personal care. They are between independent living facilities and skilled nursing homes in the continuum of care. On June 30, 2011, the City Council approved a Binding Developer's Agreement with Puerto Del Rio, L.L.C., Inc. regarding the development of the Casa Canaveral Assisted Living Facility (ALF) located at 700 W. Central Boulevard in Cape Canaveral. The project consists of a 288 bed facility on 7.7 acres. The property is an undeveloped portion of Phase III of the Puerto Del Rio Condominium development. As part of the City's approval process, a number of entitlements have been granted to the project. These include: 1. Special Exception No. 11-02 was recommended for approval by the Planning & Zoning Board on April 13, 2011 (see attached minutes), and subsequently approved by the Board of Adjustment on August 28, 2011, to allow for the construction of an Assisted Living Facility for property at 700 W. Central Boulevard. The SE was extended by the Board of Adjustment on August 30, 2012, and again on August 8, 2013. This approval expired on August 8, 2014. 2. Variance No. 11-03 was granted on April 28, 2011. It was subsequently extended on August 30, 2012 and again on August 8, 2103. This approval expired on August 8, 2014. 3. The Community Appearance Board approved a Level 1 review on February 16, 2011. It was extended on August 15, 2012, August 7, 2013, and August 6, 2014. This approval will be valid until August 6, 2015. 4. The City Council, on September 17, 2013, approved a Modification to Binding Developer's Agreement to remove eight (8) units from the northwest corner of the project. This approval extended Site Plan Approval until September 17, 2014. An extension was granted on September 8, 2014, extending Site Plan Approval until March 17, 2015. Board of Adjustment Meeting Date: 10/22/2014 Special Exception No. 2014-04 Page 2 of 2 Approval 1 has lapsed. For this reason, Special Exception No. 14-04 is being presented to the Board of Adjustment for its consideration. The project remains the same as when it was approved in August 2011. Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated when a Special Exception is being considered. For a detailed analysis of the criteria associated with the proposed use, please see the attached staff analysis and worksheet. Subject Property Future Land Use/Zoning Designation: Residential/R-3 Surrounding zoning: North — C-1 South — R-3 East — C-1 West — R-3 Surrounding uses: North — Retail South — Multi -family residential East — Retail West — Multi -family residential Submitting Director: David Dickey Date: 10/10/2014 Attachments: #1 — Location Map #2 — Site Plan #3 — Rendered Elevation #4 — Legal Description #5 — Staff Analysis and Worksheet — SE No. 2014-04 The C&ED Staff recommends that the Board of Adjustment take the following action(s): Approve Special Exception 2014-04. Approved by C&ED Director: Todd Morley Date: BOA Board Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment Z 91111 ME t.: ;.•i Ji 00 Attachment 3 WEST ELEVATION SCALE: yr . r.r SOUTH ELEVATION SCALE: ur . rr CASA CANAVERAL A NEW ASSISTED UV/NO FAcuTY MVVEVr CENWAL BOULEVwm cue CAMV u, rtawoA �a.a ssaa DANNY P. RINGDAEL 0 Attachment 'Mftwftm 5024 ! IM ZUU'sA"UW,%LDB ON Tow"Pu �br��o.n�Ma.�.so.Sya�mBo�&Uvd ��7. • - 4mhP' +,wbbW � W*`�� RTWx6",b� °o"�Xo*Wt,� IU7a�o ��g �`2Sspt�r0l7s, rode" BrawtVt Co Flotlda, bsiot tabrs a laor� lbbrtotB�L �ea�taa �tlratBoolrvatl, (also titeHos p�tt�s Alsrtk f�targ gas o�+idd tia mrt Os d atA JdRaasrit" w an w HpaN*aod M sp tehnsetlpf w16 tis 1Part tla sf atd � ��'W, 6�� �00oof �•Q2 tat Ps eli3'/ �" W"t�°�ametifw«t��gp aa4� ftVoft afta �srsoBsi � riea�td t%cgi r111�y.�"�A1 wird' s�� � d11ai.0 t��, MagmM4haft* mom et Mesa" 49.--Wdtwseaw�cawbtls �rdPosa�d Hs�l �y p� • � tu's "Won, 0SW or j ■ Mr+gU°°t°rstg'h°e�gt9lit±,R /o�tatNnRt��utdNati Attachment #5 Special Exception Worksheet and Staff Analysis SE 2014-04 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 requested SE consistent with the intent of the Comprehensive Plan? The subject property in uniquely situated between existing residential to the west and commercial uses to the east. The proposed use serves as an ideal transition from the commercial uses and is highly compatible with the adjacent residential uses. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? The ALF is a residential use that is highly compatible with existing residential in the area. The architecture of the Casa Canaveral ALF is designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face is offset with each building face no longer than 80 feet long to match the existing condominiums. c. Will the SE 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 proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes, the surrounding properties have developed in a residential and commercial nature. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. The ALF is a residential use that is highly compatible with existing residential in the area. The architecture of the Casa Canaveral ALF is designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face is offset with each building face no longer than 80 feet long to match the existing condominiums. c. Will the traffic volume and type adversely impact land use activities in the immediate vicinity? No. Since ALF residents have a reduced reliance on automobiles, there is a corresponding reduction in the total number of vehicular trips associated with an ALF. d. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principal use? No. As shown on the site plan, all service areas including loading areas and dumpsters are located on the eastern border, adjacent to the commercial. The parking and traffic circulation are designed to have minimum impact to other properties in the surrounding area. Stormwater runoff is addressed by a shared retention pond to the west of the development. 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. Loading docks and dumpsters will be screened from public view consistent with specific requirements for ALFs outlined in Sec. 110-488(d). 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, see the attached site plan. 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. The minimal proposed signage will be subject to review and approval by the City's Community Appearance Board. h. What are the hours or operation and how will they impact surrounding properties? The ALF will be occupied and staffed 24 hours a day. 3. Traffic and Parking a. Is there adequate off-street parking? Yes. The parking meets all requirements of Sec. 110-491 of the City's Code for parking. b. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. All traffic circulation has been reviewed and approved by the City's public safety officials. c. What type and how much traffic will the special exception generate? Since ALF residents have a reduced reliance on automobiles, there is a corresponding reduction in the total number of vehicular trips that are associated with an ALF as compared to the previously approved residential condominiums. i. Approved Condos (128 units) x .55 trips per unit in the PM peak hour = 70 trips ii. Casa Canaveral 288 beds x.17 trips per unit in the PM peak hour = 49 trips d. Are there adequate loading and unloading areas? Yes. All loading and service areas are located on the northeast side of the building. 4. Public Services a. Are adequate utilities available? Location and capacity. Yes. Public utilities are available to the site. A concurrency review will be required as part of the project review. b. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. All ALFs are required to prepare an emergency evacuation plan that must be approved by the State prior to a license being issued. c. 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? No. The projected use will have a significantly less impact than the previously approved residential condos. d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? Yes. Dumpsters will be screened from public view consistent with Sec. 110-488(d) of the City Code. 5. Miscellaneous Impacts a. Will the proposed 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. The subject property is located in an urbanized area and the site was previously graded and prepared for development. b. Will the proposed 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. Due to the location of the property west of AIA, the property is not in a location that will block views or breezes. c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. In addition to the construction jobs, the ALF will provide opportunities for small businesses to include doctor offices, walk-in clinics, fitness centers, neighborhood markets, and sit-down restaurants. d. 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? The ALF will fulfill a specific housing need that is currently not met in the community. Families will no longer need to travel outside the City to visit loved ones. The ALF will provide residents with a high degree of communication and interaction, companionship, and an improved quality of life. City of Cape Canaveral Board of Adjustment Meeting Date: 10/22/2014 Item No. _ Subject: Variance No. 2014-01 for the following: (1) to allow for a building length of 353 feet and a building width of 320 rather than the 185 foot maximum length or width per Sec. 110-316(7); and (2) to allow for a 25 foot setback from an adjacent residential lot line rather than the 50 foot required setback per Sec. 110-488(a). The subject parcel has an address of 700 W. Central Boulevard. Department: Community & Economic Development (C&ED Applicant/Owner: Puerto Del Rio, LLC Summary: On November 26, 2010, the City Council adopted Ordinance No. 17-2010 to establish Assisted Living Facilities (ALF) as a special exception use in the R-3 zoning district. An ALF is designed specifically for persons who require assistance with some or all of their self/personal care. They are between independent living facilities and skilled nursing homes in the continuum of care. On June 30, 2011, the City Council approved a Binding Developer's Agreement with Puerto Del Rio, L.L.C., Inc. regarding the development of the Casa Canaveral Assisted Living Facility (ALF) located at 700 W. Central Boulevard in Cape Canaveral. The project consists of a 288 bed facility on 7.7 acres. The property is an undeveloped portion of Phase III of the Puerto Del Rio Condominium development. As part of the City's approval process, a number of entitlements have been granted to the project. These include: 1. Special Exception No. 11-02 was recommended for approval by the Planning & Zoning Board on April 13, 2011 (see attached minutes), and subsequently approved by the Board of Adjustment on August 28, 2011, to allow for the construction of an Assisted Living Facility for property at 700 W. Central Boulevard. The SE was extended by the Board of Adjustment on August 30, 2012, and again on August 8, 2013. This approval expired on August 8, 2014. 2. Variance No. 11-03 was granted on April 28, 2011. It was subsequently extended on August 30, 2012 and again on August 8, 2103. This approval expired on August 8, 2014. 3. The Community Appearance Board approved a Level 1 review on February 16, 2011. It was extended on August 15, 2012, August 7, 2013, and August 6, 2014. This approval will be valid until August 6, 2015. 4. The City Council, on September 17, 2013, approved a Modification to Binding Developer's Agreement to remove eight (8) units from the northwest corner of the project. This approval extended Site Plan Approval until September 17, 2014. An extension was granted on September 8, 2014, extending Site Plan Approval until March 17, 2015. Board of Adjustment Meeting Date: 10/22/2014 Variance No. 2014-01 Page 2 of 2 Approval 2 has lapsed. For this reason, Variance No. 14-01 is being presented to the Board of Adjustment for its consideration. The project remains the same as when it was approved in April 2011. Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance is being considered. For a detailed analysis of the criteria associated with the proposed variance, please see the attached Staff Analysis and Worksheet. Subject Property Future Land Use/Zoning Designation: Residential/R-3 Surrounding zoning: North — C-1 South — R-3 East — C-1 West — R-3 Surrounding uses: North — Retail South — Multi -family residential East — Retail West — Multi -family residential Submitting Director: David Dickey Date: 10/10/2014 Attachments: #1 — Location Map #2 — Site Plan #3 — Rendered Elevation #4 — Legal Description #5 — Staff Analysis and Worksheet — Variance No. 2014-01 The C&ED Staff recommends that the Board of Adjustment take the following action(s): Approve Variance No. 2014-01. Approved by C&ED Director: Todd Morley Date: BOA Board Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment Z ME koo Attachment 3 WEST ELEVATION SCAL1: yr . r.r SOUTH ELEVATION •CALE:I/r •r -r CASA CANAVERAL A AF:w ASSISTED uv7ArG FAcrurr M VAST OENMftgoULEVMW care CAMIVMLL, aOna now.aaa DANNY P. RIKGDAHL 6 Attachment y. on=5024ZXM1Q3g 'P "A" U*ALDE$CaWnpN ' I A pprad dLd g4ej b 8eellea 1Sr Te�raelJpu �,�� �t��tle�trdBo�y���bp�RtebNe BOok3037. boadtlaatbsWiettrdtllalloeti p� �+��+u�bbaadodoitlde� � baee�ds� �h5lrlor k belot mune var"rb a.. k -k .. ]►oealabetofBa�gQwoemquawataa �"fewNortte1� iatd b� BaedeaQtOl�gallyex+3e sok' ��i liel�a 1� 00'Sl'�' yP..aloq� • �*40iea0`��t�heae�l•SfF '��P�3:lbrad�.dl7f.8 lo"iobMy wl&16eWertMwof ftdd W rW��fY� popI 3 �q,,y�dWaetlieeaadBtWrtflog4[aWp�filnee�rd�8oak39�9� Paan 113'1 p adR�opc�0f4 l.a of 14�6.1� bet to ie tntaneo&i wlb ttieaeldHaegi �' Iioear�i spehK•Aa ao;�e x 1�i6.11 of 7i%AOlieR, iarLg; obo d ot& ti'�pW. 1�► for d ane �r�p llee sor @a AMOmes q�92i,63 aro raixntyi OWN a* ow xoea rti*sb Attachment #5 City of Cape Canaveral Variance Worksheet Variance #2014-01 Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary to the public interest and when, conditions are peculiar to the property and not the result of the actions of the applicant, and a literal enforcement of the code would result in unnecessary and undue hardship. All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criteria: 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 irregular shape of the lot combined with the architectural requirements for a high-quality ALF necessitates the need for a building that is closer than the 50 -foot setback and exceeds the 185 -foot maximum length for structures in the R-3 zoning district. 2. 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 cause unnecessary and undue hardship on the applicant. The proposed ALF is to be located between existing commercial and residential condominiums. The property was formerly zoned C-1 commercial, where it would not be subject to the building width/length limits. The side yard setback variance is the result of a shared lot line with a retention pond that separates the ALF from the adjacent residential condominiums. The building is located more than 100 feet from the property line of the closest residential lot and approximately 135 feet from the closest residential structure. 3. That the special conditions and circumstances referred to in item (1) above do not result from the actions of the applicant. The irregular lot layout is due to the size and location of the master stormwater system serving the immediate area. In addition, the property's unique location relative to the A1A commercial corridor and the residential condominiums to the west provides an opportunity for the creation of a transitionary buffer between the two uses. City of Cape Canaveral Variance Worksheet — Cont'd Variance #2014-01 4. 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 building in the same district. Approval of the requested variances would not confer any special privileges on the applicant that are not available to other properties or structures in the R-3 district throughout the City. 5. 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. Yes. The granting of the variance is the minimum needed in order to develop the proposed ALF. Due to the irregular shape of the lot, the 50 foot setback severely limits the ability to place the proposed ALF on this property. In addition, the building is located more than 100 feet from the closest residential lot and approximately 135 feet from the closest residential building. 6. 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. The proposed ALF in uniquely situated between existing residential to the west and commercial uses to the east. The proposed use serves as an ideal transition from the commercial uses and is highly compatible with the adjacent residential uses. The architecture of the Casa Canaveral ALF is designed so that the massing and height of the building is harmonious with the adjacent Puerto Del Rio condominiums. The building face is offset with each building face no longer than 80 feet long to match the existing condominiums. The 50 foot setback requirement is intended to protect residential uses from the more intensive service components of an ALF. To that end, the proposed ALF is oriented so that all of the service areas are located to the maximum extent possible away from the residential uses to the west. 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.