The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 6-12-14Vl1LL I V lJf\VCR. ROLL CALL: City of Cape Canaveral BOARD OF ADJUSTMENT REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE JUNE 12, 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: 1. Motion Re: Approval of Meeting Minutes of April 24, 2014 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 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 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. 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 APRIL 24, 2014 A Meeting of the Board of Adjustment was held on April 24, 2014, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. CALL TO ORDER: Chairperson Arvo Eilau called the Meeting to Order at 6:00 P.M. ROLL CALL: MEMBERS PRESENT Arvo Eilau Douglas Raymond Paula Collins Linda M. Brown Desmond Wassell OTHERS PRESENT Susan Juliano Kimberly Kopp David Dickey Chairperson Vice Chairperson Secretary Assistant City Attorney Planning & Zoning Director Arvo Eilau stated that Desmond Wassell, new BOA member, will be sworn in by Assistant City Attorney, Kimberly Kopp. Moved by Ms. Brown, seconded by Mr. Raymond to waive the reading of the March 27, 2014 Minutes. Motion carried unanimously. NEW BUSINESS: 1. Approval of Minutes for the March 27, 2014 meeting will be approved at the next meeting after they have been revised to reflect George Sweetman's attendance. 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. Mr. Eilau read aloud the first and only item on the agenda. Mr. Dickey introduced the applicants. He stated that the Staff report was largely the same except for some changes in the conditions in order to clarify and add specificity. Mr. Dickey presented an aerial slide showing the property and stated the land use is commercial in the surrounding area. This proposed use requires a special exception for sales and service and what can be categorized as an automotive vehicle. He stated that Meeting Minutes April 24, 2014 the State of Florida has standards and requirements for the operation of electric vehicles which are found in the agenda packet provided. Mr. Eilau questioned Staff recommendations. Mr. Dickey pointed out the ingress/egress points on the aerial slide and stated they are nonconforming; therefore, the special exception will not affect them. Mr. Dickey introduced the applicant, Mr. Schofield. Mr. Raymond inquired about a car and mobile home that were parked in the parking lot. Mr. Schofield explained that the car belonged to his son who was trying to sell it; The mobile home is owned by a woman he knows. Mr. Raymond asked that they be removed. Mr. Eilau asked the applicant what his business plan is. Mr. Schofield explained what brought him to Florida. He has been researching better options for smaller electric cars and believes they are good for the smaller communities. They will be producing around 6-8 cars a month and will be working with battery companies. Mr. Eilau also asked about the cars being brought inside at night. Mr. Schofield stated this was done at night to avoid potential damage. Mr. Eilau asked if there would be more than eight (8) cars. Mr. Schofield responded there would be no more than eight (8) cars outside during the day. The Board was concerned about the name of this product for sale and agreed they would be called "Passenger Vehicles". The hours for this business were also established to be 9am-6pm and the vehicles will be brought inside the building before dark around 6pm. Mr. Eilau asked about the egress and Mr. Schofield stated that they plan to close the entire right side. Mr. Eilau suggested it be closed off with a full encompassing hedge to which the applicant agreed. Mr. Eilau stated this will be sales only; no leasing or renting of these vehicles, to which Mr. Schofield agreed. Mr. Pindizak a citizen of Cape Canaveral, stated this business is good for the City and will generate additional revenue. He stated the applicant is willing to do everything the Board is requesting of him and they should approve. Mr. Eilau asked if the Board had any discussion; members responded they were satisfied with what was heard. Mr. Eilau stated the Board would like to have a 7 day notice on the BOA meetings going forward and asked that the Agenda packets be brought to their homes. Mr. Dickey requested a meeting with each board member individually to understand their thoughts about the Board and what is expected of Staff. Mr. Wassell felt it would be more beneficial to meet as a Board as issues come up and then meet individually. It was agreed to meet individually. 2 Meeting Minutes April 24, 2014 OPEN DISCUSSION: No open discussion was held. ADJOURNMENT: There being no further business, the meeting adjourned at 6:48 p.m. Approved on this day of Arvo Eilau, Chairperson Susan Juliano, Secretary 2014. City of Cape Canaveral Board of Adjustment =��0 Meeting Date: 06/12/2014 Item No. Subject: Request to modify Special Exception #2013-06 to allow for the construction of four (4) single-family homes in the C-1 Commercial Zoning District per Section 110- 334(c)(10) of the City Code of Ordinances. Department: Community & Economic Development (C&ED) Summary: On October 30, 2013, the Board of Adjustment unanimously approved Special Exception #13-06 to allow for the construction of eight (8) townhouses on Oak Lane addressed as 127, 131, 135, and 139. Oak Lane is located off North Atlantic Avenue, north of Central Boulevard. Subsequent to the approval of SE #2013-06, the applicant has revised the development concept for the subject properties to include four (4) single-family homes; therefore, this request is to modify SE #2013-06 to allow for the construction of four (4) single-family homes. Single-family homes are an allowed use as a Special Exception in the C-1 district per Section 110-334(c)(10) of the City Code. Surrounding Zoning: North — C-1 East — C-1 South — C-1 West — C-1 Surrounding Land Use: North — Residential East — Residential and Retail South — Residential West - Vacant In general, the proposed revision will result in less impact on public facilities including utilities and roads. The property owner will be responsible for extending water and wastewater facilities to the property. Applicant/Owner: Sheropa, LLC Submitting Director: David Dickey Attachments: #1 — Application #2 — Staff Analysis and Worksheet #3 — Jeff Ratliff memo — June 4, 2014 Date: 06/05/2014 The C&ED Staff recommends that the Board of Adjustment take the following action(s): Approve the Modification to Special Exception 2013-06 to allow the construction of four single-family homes. Board of Adjustment Meeting Date: 06/12/2014 Special Exception #2013-06 Page 2 of 2 Approved by C&ED Director: BOA Board Action: [ ] Todd Mori Approved as Recommended Approved with Modifications Tabled to Time Certain Date: G [ ] Disapp City of Cape Canaveral SPECIAL EXCEPTION Information Sheet Description of Request: (Insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. • �e• - • OW 7_��■ .. M - mal W'e M, re l u"-st y pec Address of requested Special Exception: Name of Project (if applicable): 021 �2s a. mP S /4 gib, ds, 4 -ab yA4L7 Legal description: Lot(s) Block Subdivision Section Township Range es U -<c -C ar Future Land Use and Zoning designations: U (9 qa 9>b c/ f} ~ a tiS7S;`13 -a� au5 78-94 a yS7eq, Owner and Applicant Information: P a m ecA , iA-m -6e r), ; ZI am the property owner. I am a tenant. (Attach notarized letter of authorization). I am authorized agent other than a tenant: (Attach Written Power of Attorney) Owner(s) Name: fhCrr�� LLC' Mailing Address: L#C)O J-� C&Vy) C) - _U C k j e - Phone number(s): l- L Email(s): _R/-kee— MFrAE'67t=R (' )ryl Authorized Agent Information (iif applicable): Name of Authorized Agent: Mailing Address: Phone number(s): Emaii(s): PD - Special Exception Application -101411 Page 3 NATURE OF SPECIAL EXCEPTION Currently said property is zoned commercial which dates back from early zoning at least twenty years ago. Currently it is surrounded by residential properties. 1 am requesting a special exception for residential use of the property to construct of 2 -unit townhomes on 4 lots, for a total of 8 units. This request is congruent with its surroundings. r�a�#i$�'I��i�.4i�14�I1:��iP,�ljFi�$�:►7�R��.P�i'�e ue�t ,• IMPACT OF SURROUNDING PROPERTIES 1. Being that the surrounding properties are of multi -family residential nature, this request is compatible and harmonious with adjacent properties. Yes, and-eyen more harmonlut 2. The request is in keeping with the medium density codes and requirements therefore, the scale and intensity will not be a factor to the surrounding properties. Yes,;with leven less :density.� 3. Currently the property is sitting on an unimproved road with a cul-de-sac. The road can handle the volume and type of traffic that the townhomes will generate. Nsl -sss: �,j:Jv'crtieatis�B>s.��r�#� 4. This special exception should not create any adverse impact to surrounding properties being there are currently only four houses on the road. Any noise, light, odor, vibration, traffic and storm water runoff will be nothing out of the ordinary of any residential development, and will subject to any and all restrictions and codes required. 1 t#e+as;ity fneans ess Boise, lj$hts ;odor; vi.brat'*61ij traf t .end stprtn water S. There will be adequate screening and buffers and landscaping required by any codes and/or to mitigate any adverse impacts. i "I Traffic and Parking 10. Yes, there is adequate ingress and egress. 11. Traffic generated will be consistent with the minimal amount of traffic normally generated by four single family homes. Public Services 13. Yes, there are adequate facilities available. 14. No, the special exception will not create any unusual demand for Police, Fire, or Emergency Services. UtIldmark Title Agem:. Inc. 400 East Herrin Avenue. S4j:t,? I> NIC'. -TAI INfacid, HrJda Z Filc Nam.11cir. 13-1 1873 A General Warranty Deed A, A N n fo-N ii, FiLLIC H 10 and C.k 1-H E RIN C F I LU CH 10. 11 usha nd and wife, \1 I -t s, Mail Me H(!Jrets ;.: 6 Milinronka Rc..j -,Ater ca,a'!eu Ih -,rar-ai, . to SIIEROIIA. LU, i I I. P-1 Officvajdr.ss is: 40(l llaiix :)rise. (at),: herciriafiercLlltmd the larx.te-: ,rd ;r cot ,i z,,itioti :,!,a!!-rs. (S I t)(), J 0 P Cn,, 1)'h \JL tble C,rtil:11 :jJY .1 it 'em. L �n,lrin. 4JI, 61 SEE EXHIBIT "A" FOR LLCM. BESCRI111TION AT FACHED HFUTO AND INCORPORATED HEREIN R V FE RENCE Hy-[-Hfaii 111EVROPERT1 TogelhermAi? if 1 Ir. !it . 1, radii, .' -7-11,;: crinin TO I lave and to Hold, Cie sjw-L '.n I've - Im 11( Arid IIIC j, "jj !ani :i olrle Mal "!mt -x L.Ie ,Ilw &-jir. 11 %:.1im, of,:1f 3:" lar I i fw.c ot all to '0 1. nc1-ntv,,, I LT.\C. 4CC. Ui12 In Witness Whereof, av,tj,,, xii,,r ha, ti an 11 J] "' W.11, J it . pre. enil: v e da( :ind ye3r tits, lbo,-e -1. St ah'(/ 0).'(1(1, .'i1. -Vi -!a in ow. /Y- r 1,110NI L 6(. H 10 — call Roa;i. S�!,i RiKl,, al I _twos. Fi. 33305 CATIliERINE: FILLICHIO 6 Minrictirinka Rn3J. Hca T 1. 333,15 n.--fts ;f-. dayofJ: le_ t013. h,, ANTHONY FILLICH10 and CATHERINI.. J -L-lU - r -1; �d \otmr) Public Pirir.i V, Cortali,Aon TA%qR PITON "Y�Vv 7A-X*FF4--,X-1� 31 1-1, A;" Y.. ":U,: t, T. Chicago Title Insurd- occ arc} EXHIBIT "A" Orc-�- NO.: 4407995 CJS'WME: Refercr.c..: 113-111973 A Parcel � 1 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Fhence run S.000 5:'29" E along thy: Fast time of said Lot B, a distance of 66.00 feei, ;hence run ;0.890 38°33"W and parallel to the North line of said Lot B, a distance of 510.10 ft. to the Point of Beginning; Thence continue along said line d distance of 80.00 feet, thence run N.00° 54'24" W a distance of 17.8.50 feet, thence run Sr39° 33' E a distance cf 80.00 `eet, thence run 5.000 54'29^ E a distance of 128.56 fee to the Point of Beginning. t r'2rCe! 7 Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in Plat bOuk 1, Gays 41.2, of the Public Records of Brevard County, Fiorida. Thence -un S.(joo 5,4,2g- B z;lony the t --:ask line if said Lot 8, a distur;ce ;; feet, thence run N.34J 38'33" VV and parallel to the North line of said lot B, a distance of 590.10 feet to the Point of Beginning; Thence continue alono sai.1 line a disfunce of 1]6.2o feet, U,enc•? run :iist3rice c l: 128.50 fec the n c n ran S, 8j" . 8,-3_i"E a dis'af,Ca Of ' 10.60 feet, iil,_rIC£ rl li e S. 000 ;4'29" c iist�.ccr of 128,50 reef to the Point of Beginning. Parcei ' 2 Comm L-nct; at the Northeast corner of Lot 8, according to the Plat of T utem-- Subdivision recorded in nl:" : oo', ' Page 2:., o; is e t'uu;i(-_ hc.cor"Js of t3rev ,:rd ..�u:)t•,', i=lordi:. The ice run 00° X4'29" E aiOnt, talc I-t.Si li-1 - of i "..:d } Dt 6, u JiF-Cance lir ^1�.("v f('P,t.,he C ,cE un P. 3:33" parJil-cc to the North line Of said Lot B, a distance of 706.30 feet to the Point of 5eainning; ;`hence continue along said line a di�tanc,� of 80.00 fc�,=t, ther;ce run N. 01)0:� u;s'.a �'_E of ' 23.50 fee.., tt`li.riC i un ti_ ` 9 3,R'? " �. i(Sfc�r:CC Cf Ui,.;)0 reef tll: ac, ' un s'.a E a dist=n teeC t.. th,r rrnirit Of Beginning, _ cc o` po rcr-; 7 Commence at tf,e Northeast corner ;Of tot B, according tc the Flat of Tutens Subu'visian recorded in P12 :Sc r) 1 } Cul 01 it?c }':JIiC ZF.COie�r I�"C-Vc,."d Coum%,, fJlt a'onc ill'_' CuSt line of �c.lu L.. MY 5 + L j" E t, dlst.�,lce of JO.i_,0 ic:'ul, .h'o.i,-e run .., gco .3,'33 VV a;ld paruliel to the North line of said Lot B, a distance of 786.30 feet to the Point of Beginning; Thence continue along said line a f 4 distar.ce of ()() `Clef; the.'i;_e -x-17 N' -0'w r,1, , ✓ , ° 29" a c'istanc� ^f t1??.00 fethence . L'i. S. �1 - .�.�' , a '" �i.an':8 of 94; L• fe?tlh r i E !c, `ur. (`J .1 is turice of 114.06 ff.et �o the Pohlt of i,eyin.�ir y. Copyright American Land Title Association. All rights reserved. T ,e use of thi Form is restnciro to 1, LTA bcensac.s and ALTA rr,rmb,•s ^ (,ta SSc : 01 f JA,. of i., ni ::r uses L:6,WIJ ..MVt o R,,prinie t urc+, r c.'-; - fr, rr. ine ; :r.;3 Lir t. ALTA Corr nitn;e.^.t (6/17iD6) ;ugh F Mcdii: -trf L Special Exception Worksheet and Staff Analysis SE 2013-06 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? Yes, the C-1 zoning district allows for the construction of single-family homes pursuant to a Special Exception. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes, given that the surrounding area has developed in a residential nature. 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 nature. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. c. Will the traffic volume and type adversely impact land use activities in the immediate vicinity? No 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 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? n/a 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? n/a h. What are the hours or operation and how will they impact surrounding properties? n/a 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. Oak Lane is not paved and the City has no plans to do so. c. What type and how much traffic will the special exception generate? Normal residential traffic. d. Are there adequate loading and unloading areas? n/a 4. Public Services a. Are adequate utilities available? Location and capacity. Yes b. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No 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 d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? n/a 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 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 c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No 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? No Memo TO: David Dickey Planning and Zoning Director FROM: Jeff Ratliff PWS Director DATE: June 4, 2014 RE: Special Exception Oak Lane Residences PWS Staff has reviewed the special exception request for the referenced location and has no concerns or comments. Public Works Services Memo TO: David Dickey Planning and Zoning Director FROM: Jeff Ratliff PWS Director DATE: June 4, 2014 RE: Special Exception Oak Lane Residences PWS Staff has reviewed the special exception request for the referenced location and has no concerns or comments. City of Cape Canaveral Board of Adjustment Meeting Date: 06/12/2014 Item No. Subject: Special Exception Request #2014-03 - Truck and Trailer Rental Facility, 8000 Astronaut Blvd. Department: Community & Economic Development (C& Summary: Applicant/Owner: Alan Beal/Mary Crowder Trust. The applicant, Alan Beal, is requesting a special exception in order to expand the allowable uses to include a truck and trailer rental facility at Spaceport Amoco located at 8000 Astronaut Boulevard. The rental facility is affiliated with the U -Haul Company. Automotive service stations in the C1 zoning district are permitted by special exception. City code section 110-334(c)(3) provides the regulations for this type of special exception. Truck and trailer rental is included in this category. The subject parcel has been operated since the mid -60's at this location as a limited automotive service station without a special exception. A special exception has not been required because the use as a limited automotive repair facility pre -dates the City code section requiring a special exception. The current use as a limited automotive service station therefore is considered a legal, non -conforming use. It is limited in that on-site historical uses have not included all the uses that would be permissible if a special exception had been granted. The purpose of granting this special exception is to allow the property to enjoy all of the uses of the special exception per the City code, including truck and trailer rentals [see Sec.110-334(c)(3)g8j. The applicant has indicated that the hours of operation for the rental operation will generally be consistent with the existing vehicle repair business. Signage for the rental operation will utilize an existing sign face. See the attached Site Plan for proposed parking locations. As shown, vehicle parking — outside the storage facility — will be limited to three motorized vehicles (trucks) and two non -motorized vehicles (trailers). The applicant will utilize the enclosed storage yard on the north side of the property to store surplus vehicles. Drop-offs that occur after hours will be moved to the storage yard at the opening of business each day. For a detailed analysis of the impacts associated with the proposed use, please see the attached staff analysis and worksheet. Subject Property Future Land Use/Zoning Designation: C-1/Commercial Surrounding zoning: North — C-1 South — C-1 East — C-1 West — C-1 Board of Adjustment Meeting Date: 06/12/2014 Special Exception 2014-03 Page 2 of 2 Surrounding uses: North - Retail South - Retail East - Retail/Office West - Multi -family residential (across A1A) The Planning & Zoning Board, at its May 28, 2014 meeting, unanimously recommended approval of the request, with the following conditions: 1. The maximum pieces of rental equipment allowed outside of the screened storage area is limited to: a. Three (3) motorized; and b. Two (2) non -motorized. 2. Parking of all rental equipment shall occur in locations as depicted on the submitted Site Plan. 3. Hours of operation for the rental operation shall be limited to Monday - Friday, 7 am to 6 pm & Saturday and Sunday, 7 am to 1 pm. 4. The exterior of the storage yard shall be kept clean, orderly, and in good repair. Submitting Director: David Dickey Date: 06/02/2014 Attachments: #1 -Application and Site Plan #2 - Jeff Ratliff memo - May 19, 2014 #3 - Todd Morley memo - May 19, 2014 #4 - John Pekar email - May 20, 2014 #5 - Staff Analysis and Worksheet - SE 2014-03 #6 - Planning & Zoning Board Action memo - June 5, 2014 The C&ED Staff recommends that the Board of Adjustment take the following action(s): Approve Special Exception #2014-03 with the recommended conditions. Approved by C&ED Director, Todd Mo � Date: Board of Adjustment Action: [ pproved as Recommended [ ) Disapproved [ Approved with Modifications Tabled to Time Certain City of Cape Canaveral SPECIAL EXCEPTION Information Sheet Description of Request: (Insure that the specific code sections of the zoning ordinance that allow and support your request are noted). If necessary, attach separate sheet. Pert Sr crott',.a : 110- 334 124aA (C) 3 ,4- a 1J'fLlrhtl'f �v� �u�- &gee STAT+tN-J err c� M5 i f S Tb ?-e0CQ?1*1 A+40 1212Cvs AED ALL SE2uvqes S �ETI��-aED i Na C Address of requested Special Exception: `iTPotgr vT t5c.vo !Ritmo WMA 2i: jUlaeoi-ewr5 52T ll`�2TN (SEE AT74cj4 pAgc Ioi3 WAL FL 32Qaa Name of Project (if applicable): &'10m OVvE Gd?Vt cF GRA7iD.,4 Legal description: Lot(s) Block Subdivision Section Township Range_ Future Land Use and Zoning designations: Owner and Applicant Information: I am the property owner. I am a tenant. (Attach notarized letter of authorization). VIAuaENDE2 �,4TE'D /gyp r.,;Di I am authorized agent other than a tenant: (Attach Written Power of Attorney) Owner(s) Name: r/AR Mailing L7S7f C/O JF 14 c5%RFE7_ I r("Tusv,)l1 Phone number(s):--321- l Email(s):-XALLEN DC -2 (c') A.LLFN DC2. "UJ Cowl Authorized Agent Informatigqnn (if ap@1�cable): Name of Authorized Aaent: D LA *J ' lSE a i Mailing Address: 5'55 'OF—LLA CA. P? $ D2, Phone number(s): 3 R I - % 20 - 4 15 1 Email(s): 13FALJQ PALMNelr, N(z 't C) 5QACEPD�T Axe o(�3�c�vwru PD - Special Exception Application -101411 Page 3 City of Cape Canaveral SPECIAL EXCEPTION Information Sheet — ConVd I hereby attest that all information, sketches and data contained and made part of this request are honest and true to the best of my knowledge and belief. Signature of Applicant: State of Florida County of Sworn to and subscribed before me on this day of 2011 by , p who is personally known, or p produced i.d. — Type of i.d. Signature of Notary: Notary Seal: JDATA FA CT5 THAT Ata 5 Wrr 2 -T-� e Q0 C 5 i b ot-1 vF PpQTH (hl -r- � CiTc�S SpLG�A[. ap4c I(C"T'o of y PD - Special Exception Application -101411 Page 4 Special Exception informational data & facts Page 1 of 3 DESCiPTiON of REQUEST PER SECTION: 110-334 para (c)3a-q Automotive Service Station request is to perform and provided all services as detailed in section and compile with the requirements set forth for this type of business. Address of requested Special Exception 8000 Astronaut Blvd. Cape Canaveral, FI 32920 Name of Project Automotive Service Station Legal Description Lots) Block Subdivision Section Township Range Owner and Applicant Information I am a Tenant( Attached is a notarized letter of authorization) Owners Name: Mary Crowder Trust cJo Jerry Allender Mailing Address: 719 Garden Street, Titusville, FI 32796 Phone Number: 321-269-1511 Email: jallender@allenderlaw.com Authorized Agent Information Name of Authorized Agent: Alan E. Beal Mailing Address: 555 Bella Capri Dr., Merritt Island, FI 32952 Phone number: 321-720-4151 Email: beal@palmnet.net "or" spaceportamoco@bellsouth.net page 2 of 3 Nature of Special Exception Propose to operate a U Haul Truck & Trailer franchise from business that has operated as an Automotive Service Station since 1964. All activities associated with this operation can be accomplished within the exsisting building and property. Impact to surrounding properties I. Spaceport Amoco already services a large number of the large passenger van & buses such as Avis, Budget, Victory Casino, & County Inn & Suites which easily are accommodated on the property. This requested is already in the approved operation scope for an Automotive Service Station. 2.1 have not adjacent businesses that will be effected, this is a service that is not currently being offered. The needs of the community are no being serviced. They have to travel to Merritt Island or the main land. 3.The Facility used to have 400 vehicle visits per day when we sold gasoline. This activity will not generate any numbers close to those in the past. The curb cuts are all still in place & existing paved surfaces will be utilities. 4. This will be a daytime operation no lights needed. All trucks have gasoline and/or diesel engines of the capacity which we already maintain, no additional noise. Fueling of trucks is done off site, there is no run off that results from this request. 5. Spaceport Amoco already has 4,500 sq ft of security vehicle storage that will accommodate any additional trucks & trailers beyond our normal inventory. The area already has a 6ft high privacy fence surrounding it on 3 & 1/2 sides. The northeast comer backs up to a 18' concrete block wall. 6. Presently the location can easy have 40 parked vehicles in assigned slot and traffic flow on & off this location. In addition the secured storage facility can hold an additional 35 vehicles. 7.Signs There will be no additional sign surface area connected with this project the facial message will be modified to reflect services offered but no additional signage will be required. Ail present signs have been reviewed, they all are within the present Cape Canaveral approved sign code. 8.Operations will be conducted from 7 am to 5 pm Monday thru Friday, Saturday will be 7 am to 1 pm. if operations are favorable Saturday my increase to 5 pm and Sunday from 9 am to 3 pm. Traffic and Parking Page 3 of 3 9. All activities associated with this requested will be done on site, there is no need for off-street parking. 10. Ingress & egress is done with the four existing curb cuts 2 on N Atlantic Ave & 2 on Astronaut Blvd each curb cut has sidewalks with 5 to 10 ft grassy buffers between them and the adjacent highways. 11.As stated in Para '7 the site used to handle over 400 vehicles per day, this project will have maximum of 20 vehicle movements on & off the site. Vehicle type will be personal vehicles picking up or returning their rented trucks and/or trailers. 12. No products or good will be delivered, received or ship under this operation. Public Services 13. Present utility demands are well below the utility demands from previous levels of consumption. 14. No 15. No, operation will be accomplished with existing personnel, activities associated with truck & trailer rental will be less than previous activities. 16. No increase in the waste stream is expected, dumpster will remain in the same location as it has for over 30 years Miscellaneous Impacts 17. No 18. No 19. Three(3) employees that reside in Cape Canaveral will have their wages increased as a result of the Special Exception action. Presently this service is not available here in Cape Canaveral, Cocoa Beach and Avon By The Sea. 20. No. CAALLENDER ALLENDER 719 tiarilen Strut • 70tuea I11L F1. 32796 Phitnr. 321 2e9- IS i 1 • Fax_ 3? i •?h 7{?tt It taut W. ,%I I I �-"D? u. ►-tet.• isUcndrru �IlrnJerfa+t�.u�nt April 22, 2014 To Whom it May Concern: Ai L ��tllrrld.•K�'allcndrr IpH'.lOn) I, Jerry W. Allender, Trustee of The Mary Crowder Trust dated June 30, 1995, owning real propertyat 8000 Astronaut Boulevard, Cape Canaveral, Florida, herebyconsent to Alan Beal seeking a Special Exception through the City of Cape Canaveral on the property which he leases from the Trust. Je . A er, Trustee of Th ary ' owder Trust dated June 30, 1995 Sworn to and subscribed to before me this 22°d day of April, 2014, by Jerry W. Allender, Trustee of The Mary Crowder Trust dated June 30, 1995, who is personally known to me. Not ublic, State of Florida My Commission Expires: �;�r y : IOP•N GOLENSIEWSKI '._ Co rte Psion 4 EE 008542 Expires July 81.2014 "%J;; 'i t ^•F` 63r.: V r vlm Ro t�.m E7.1r1r7010 ��cF • _-• -_- r••r- Vr- � ••JL•v... ....1 f^.vLf UI\1 MI'IV VV City of Cape Canaveral SPECIAL EXCEPTION Information Sheet ,v/ Description of Request: (Insure that the specific code sactlons of the zoning ordinance that allow and support your request are noted), If necessary, attach separate sheet. Address of requested Special Exception: 8000 Astronaut Blvd., Cape Canaveral, Florida 32920 Name of Project (If applicable): Legal description: Lot(s) Block Subdivision Section Township Range Future Land Use and Zoning designations: Owner and Applicant Information: I am the property owner. I am a tenant. (Attach notarized letter of authorizatlon). I am authorized agent other than a tenant: (Attach Wrftton Power of Attorney) Owner(s) Name: The Mary M. Crowder Trust u/a/d June 30, 1995 Mailing Address: 719 Garden Street, Titusville, FL 32796 Phone numbers ): 321-269-1511 EMell(s): jallender@allenderlaw.com Authorised Agent Information (if appliaable):--------- Name of Authorized Agent: Mailing Address: Phone number(s): Emall(e): PA - Special Exception Application -101411 Page 3 Legal Description for property located at 5000 Astronaut Blvd., Cape Canaveral, Brevard County, Florida: A certain tract or parcel of land situated in the City of Caps' Canaveral, County of Brevard, State of Florida, and.more partioularl described as that portion of the south 650 feet of the N.W. 1/4 of tht N.W. 1/4 of Section 23, Township 241 south, Range 37 East, Brevardi County, Florida, lying Northeasterly of New state Road 401 ROW and lyin? Westerly of Old State Road 401 (now a County Road designated AtlantiV Boulevard) and being more particularly described as fronting 430.6 fee on the Easterly side of State Road No. 401 and fzonting 372.79 feet on the Westerly side of old State Road 401 (now a County Road designate', Atlantic Boulevard), having as its Southerly boundary a distance of 62.26 feet along the R.O.W. established by the intersection of said roads, and having as its rear boundary a distance of 276.34 feet, and being further described in official Records Book 691, page 549 and Official Records Hook 755, Page 644, Public Records of Brevard County, Florida. O v 4 Memo TO: David Dickey Planning & Zoning Director FROM: Jeff Ratliff PWS Director DATE: May 19, 2014 RE: Special Exception Request 8000 Astronaut Boulevard PWS Staff has reviewed the special exception request for the referenced property and has no concerns or comments. Memo TO: David Dickey, Planning & Zoning Director FROM: Todd Morley, Community & Economic Development Director DATE: May 19, 2014 RE: Special Exception Request — Truck and Trailer Rental at 8000 Astronaut Blvd. I recommend approval of the request with the following condition: Outside display of truck and trailer rentals shall at all times be limited to no more than three trucks and no more than two trailers. David Dicke From: John Pekar <johnpekarpe@gmail.com> Sent: Tuesday, May 20, 2014 10:27 AM To: David Dickey Subject: Re: DRC Review - SE 2014-03 David: I reviewed the special exception request for the referenced property and have no comments or concerns. John Pekar City Engineer On Mon, May 19, 2014 at 11:09 AM, David Dickey <D.DickeyLa)citYofcqpecanaveral.org> wrote: Gentlemen — I am preparing an agenda item for the May Planning and Zoning Board which will be considered at the May 28th meeting. The item is for a truck and trailer rental facility (U Haul) to be located at Spaceport Amoco at 8000 Astronaut Boulevard. I have attached a copy of the application for your review. If you could have any comments to me by tomorrow, I would really appreciate your help. I am trying to get the agenda out on Wednesday. Please let me know if you have any questions. Thanks! Dave Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, 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 John A. Pekar, PE Managing Member John A. Pekar, PE, LLC 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 (321) 613-2959 ofc (321) 288-1040 cell iohnpekarDe(@gmail.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, Special Exception Worksheet and Staff Analysis SE 2014-03 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? Yes b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes 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 property is currently used as a vehicle repair facility. b. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? As conditioned, the proposed special exception will be compatible with adjacent land uses. c. Will the traffic volume and type adversely impact land use activities in the immediate vicinity? No 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 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? The hours of operation will be consistent with the primary use and surrounding commercial uses. 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 c. What type and how much traffic will the special exception generate? The proposed special exception will generate automobile and truck traffic. The amount of traffic generated will be consistent with the primary use. d. Are there adequate loading and unloading areas? Yes 4. Public Services a. Are adequate utilities available? Location and capacity. Yes b. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No 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 d. Are there adequate refuse facilities for the proposed special exception and is the dumpster properly located and screened? Yes 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 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 c. Will the proposed special exception have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No 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? No Community and Economic Development Memo TO: Board of Adjustment VIA: Todd Morley, CED Direc FROM: David Dickey, P&Z Director DATE: June 5, 2014 RE: P&Z Board Action — May 28, 2014 At its May 28, 2014 meeting, the Planning and Zoning Board unanimously recommended approval of Special Exception #2014-03 with the following four conditions: 1. The maximum pieces of rental equipment allowed outside of the screened storage area is limited to: a. Three (3) motorized; and b. Two (2) non -motorized. 2. Parking of all rental equipment shall occur in locations as depicted on the submitted Site Plan. 3. Hours of operation for the rental operation shall be limited to Monday — Friday, 7 am to 6 pm & Saturday and Sunday, 7 am to I pm. 4. The exterior of the storage yard shall be kept clean, orderly, and in good repair. BOARD OF ADJUSTMENT ITEM # 0 DATE: /Z 7 x ARVO EILAU DOUGLAS RAYMOND PAULA COLLINS /GECIRGE SWEETMAN J LINDA BROWN YES #Z NO NO NO NO NO DESMOND WASSELL � ES � NO BOARD OF ADJUSTMENT ITEM # / (�- o 3 DATE: t/Z2 - / Z - /(� ARVO EILAU DOUGLAS RAYMOND PAULA COLLINS GEORGE SWEETMAN LINDA BROWN DESMOND WASSELL YES &YE YES ES YES �3 NO NO NO NO NO NO 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. CALL TO ORDER: Chairperson Arvo Eilau called the Meeting to Order at 6:00 P.M. ROLL CALL: MEMBERS PRESENT Arvo Eilau Douglas Raymond Paula Collins Linda M. Brown Desmond Wassell George Sweetman OTHERS PRESENT Susan Juliano Kimberly Kopp Todd Morley NEW BUSINESS: Chairperson Vice Chairperson Secretary Assistant City Attorney Community & Economic Development Director 1. Motion Re: Approval of Meeting Minutes of April 24, 2014 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 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 PUBLIC PARTICIPATION: None Board of Adjustment Meeting Minutes June 12, 2014 NEW BUSINESS: Des motion to approve 4/24 minutes and paula 2nd motion Linda motion to approve 3/27 minutes and who 2nd?a Todd morley opens with item one, presentation Talks about a slight wrinkle due to the previous p&z director didn't ask fire dept about project being approved. We can approve if they meet fire requirements Sorry for the bad customer service for not letting them know until today They will have to satisfy the requirments Fire chief came up and explained the requirments that the applicant needs to come into compliance. Water line, hydrant, turn around and the current layout. Have to sit down with applicant and go over issues. They want something in writing. Any questions? Raymond asks about plans being submitted to fire dept. he has a verbal agreement and not a problem getting into compliance. Sweetman; is there enough room to make a turn, fire chief says yes and explains (tape) T or a y turn around Des; what is the nearest hydrant, fire chief says about 500 ft Todd morley; explains the c-1 and r-2 is allowed in the c-2 Property owner is responsible for waste water etc. Staff approval if fire approves John; it is embarrassing to the city John dismore; sept is when we got started and met with barry brown and was thrilled and barry said the city doesn't have the $ to pave the road. They didn't want to pave the road anyway. Barry said to take 60 days. Thought they were going to rent units, not sell. Rob abaleze & todd morley when to meeting with todd & cm and it got heated. John didn't want to pave the road and city said they would have to pay for half of the paving at around 80,000 dollars. Cm during the meeting the cm kept saying, this meeting is over, this meeting is over. After it seems that todd called today, stand up guy he wanted to postpone meeting another 30 days. Nothing has been corrected and barry gave wrong answers over & over. Any questions? None from board. Toddmorley; nothing incorrect was said, the fire dept needs to know that we apologize for all that has happened with barry and we are going to change the process of fire dept. staff does approve on fire dept conditions George: is the city willing to get a permit to build now Todd; can't give a permit until the fire dept approves George; how long will the permitting take? Gary; a week to 10 days Linda; is this before or after the hydrant 2 Board of Adjustment Meeting Minutes June 12, 2014 Paula, how long does it take to put in a hydrant? Fire chief; they will have to get the permit and complete all the road requirements prior to getting the CO to occupy the homes. Around 60 day turn around. Fire hydrant is a bldg code issue. John; city does not own oak lane only 10 ft of it is cape canaverals. Todd; who told you that> John; lockentina owns it Todd; shows on ipad that how oak meets lockentina and where the circle k is John; we don't want this to hamper our project Todd; neither do we? Des; are they going to baulk at sharing the cost? Kim; don't have any info on the road, just concentrate on the special exception and maybe with conditions and you can approve or disapprove. Todd; we want to see this happen and make sure the condition is on there Linda: why don't the restaurant or have a hydrant? Fire: they do Ron ab; once we meet the codes we want a permit and don't have to put the hydrant in before the bldg starts Todd; agrees with that. No other questions from the board. Open for public hearing Bernie lennon; he built a house about 4 years ago and city attorney verified that the locentina is the city (tape) Any other public No Raymond; motion to allow contingent upon it meets the fire dept approval Paula 2nds #3 item Raymond reads the item Todd morley; reads the item information Affiliated with the uhaul company Limited automotive repair facility Legal but non -conforming Board of Adjustment Meeting Minutes June 12, 2014 Purpose is to allow the applicant to allow all the uses of the special exception. Applicant will use the area on north side of property Uhaul business is when people come and go at different times. If trucks get dropped off they should only have 3 and move the rest to the storage area. May 28th p&z heard request and approved and 4 conditions 1. Maximum pcs of rental equip 3 motorized and 2 nonmot 2. Parking of all rental equip 3. Hours of operation m -f 7-6 s&s 4. Exterior of storage area kept in repair Board had no questions for todd Alan beal; a couple items came out of the previous meetings (tape) Adding palm trees to blocks vehicles so people can't see them and he is minimizing them Traffic that takes place we will have about 20 movement a day Raymond; any questions? Des; what triggers the hours? Alan; trafficking report / memorial day someone brought the truck back and he opened up Used to be 24/7 but we've backed down on hrs and presently not opened on Sunday, but limit it to around 7-8 am to 1 pm Des; were you affiliated with cocoa closing uhaul? Alan; going back a few years barry brown said he couldn't do the rental facility and he didn't qualify. This came along and he was going to go with Budget rental but they do not do rentals anymore. Uhaul had to leave cocoa and it was an opportunity since he's already approved for it. Things changed now he knows what he has to ask for. Linda; the trucks will be behind and landscaping will be involved? Alan; he explains where the trunks of the trees They go back and forth on type of fence and fabric covered/wooded fence also (tape) Raymond; times, biz gets really good and you want to expand hrs, if weekends are only 7-1 do we have to have another meeting? Should we change hrs 7-6 every day. Alan; no intention to work into the dark. Someone had dropped off a 3rd truck and it was locked up and in the morning it was just someone that left it there. Todd; staff has no objection Des; are you still operating the car wash? Alan; yes, but not the trucks, they won't fit Any other questions? Any public questions? Raymond; motion to vote Linda asked about putting landscaping condition on approval Raymond; motion to approve the se request to allow blah blah contingent upon 1. Maximum 3 motorized and 2 nonmot 2. Parking all dipicted on site plan 3. Hrs should be limited m -s 7-6 5. Exterior taken care of 6. Landscaping condition of palm trees Des, providing adiquate screening 4 Board of Adjustment Meeting Minutes June 12, 2014 Des 2nds Raymond asked other questions, none Motion linda george 2nd to adjourn REPORTS AND OPEN DISCUSSION: No open discussion was held. ADJOURNMENT: There being no further business, the meeting adjourned at 6:48 p.m. Approved on this day of , 2014. Arvo Eilau, Chairperson Susan Juliano, Secretary