HomeMy WebLinkAboutAdd'l items -P&Z Mtg 1-28-2015Planning and Zoning Board Meeting Date: 01/28/2015
Special Exception No. 2015-01
Page 2 of 3
On August T, 2014, the City's Community Appearance Board approved 0W
domMp the proposed project. The CAB's role is to review proposed
development to ensure that it is consistent and furthers the community's architectural
standards and enhances existing development.
As required by Sec. 110-39(c)(1), all special exception requests must demonstrate that
the proposed project's traffic -generating characteristics will not adversely impact land
use activities in the immediate area. Exhibit #1 of Attachment #4 to this report includes
a traffic study conducted by the applicant. As background, the traffic level of service
(LOS) is an indication of how any given road is operating. Service levels range from A
to F, with level A representing a condition of least delay. The City's adopted LOS
standard is E.
As indicated above, the applicant has completed a traffic study for purposes of this
application. The study indicates that the proposed development will generate 92 PM
Peak Hour trips. SR A1A, which provides the primary access to the project, is operating
at a LOS of C (Annual Average P.M. Peak Hour (AA)) with a current count of 2,509 PM
Peak Hour trips. When the projected traffic of the proposal is added to the background
traffic, the AA LOS of SR A1A will remain at C. The report further indicates that the
remaining capacity within the current PM Peak Hour LOS of SR A1A is 1,077 trips. The
City has adopted a minimum LOS of E for its road network. SR A1A currently has an
adjusted average traffic count of 32,140 trips per day.
In an agreement dated January 14, 2015 (see Attachment #7), the Cape Shores
Association Board formalized lengthy negotiations with the property owner (B&B
Enterprises) and developer (Cumberland Farms) regarding the proposed development.
The Association's Board is an elected body that is responsible for representing the
members of the Homeowners Association. The agreement includes the following
notable provisions:
1. Cape Shores agrees not to oppose the subject Special Exception nor any Tree
Removal Permit which may be considered by the City at a future date;
2. B&B and Cumberland consent to the installation of a gated entranceway on So.
Cape Shores Circle;
3. B&B and Cumberland consent to the installation of a six foot (6) chain link fence
along the entire southern boundary line of the Cape Shores property;
4. Cumberland agrees that any outside seating and/or dining shall be located on the
southerly portion of the proposed development;
5. Cumberland agrees that all outside lighting shall contain appropriate shielding
and direct light away from the North side of the property;
6. Any air and vacuum equipment will be located on the south side of the proposed
building; and
7. Hours of operation shall be from 5:00 A.M. to midnight.
As noted above there will be additional City approvals needed to construct the proposed
development. These include: site plan approval which will require a public hearing
before the Planning & Zoning Board; a Tree Removal Permit which will require a public
hearing before the City Council; an administrative concurrency review, and an
DEAN
MEAD
7380 Murrell Road
Suite 200
Viera, Florida 32940
321-259-8900
321-254-4479 Fax
www deanmead com
Mr. John Price, Chairperson
161 Majestic Bay Avenue, Unit 301
Cape Canaveral, Florida 32920
Dr. John Fredrickson
8716 Croton Court
Cape Canaveral, Florida 32920
Mr. Craig Kittleson
351 Harbor Drive
Cape Canaveral, Florida 32920
Mr. Harry Pearson
8703 Camelia Court
Cape Canaveral, Florida
Attorneys and Counselors at Law
Orlando
Fort Pierce
Viera
Gainesville
KIMBERLY BONDER REZANKA
321-259-8900 x6103
krezanka@deanmead.com
January 28, 2015
Mr. R. Lamar Russell, Vice Chairperson
376 Harbor Drive
Cape Canaveral, Florida 32920
Mr. Ronald Friedman
742 Bayside Drive, #405
Cape Canaveral, Florida 32920
Mr. Michael Moulton
514 Jefferson Avenue, Apt. B
Cape Canaveral, Florida 32920
Re: Opposition to Special Exception for Cumberland Farms (No. 2015-01)
Gentlemen:
We represent John, Michelle and Stephen Porter regarding the above -referenced matter.
The Porter families own properties to the southwest of the proposed Cumberland Farms. The
Porters request that the Planning & Zoning Board consider three issues: the completeness of the
application; the creation of an illegal lot by this carve -out for Cumberland Farms; and the
inconsistencies of this proposed Special Exception with "Envision Cape Canaveral".
First, we believe the application is incomplete and request that it be tabled for the
applicant to provide all necessary requirements of the City Code be met. The deficiencies in the
application include: (1) the lack of information regarding "internal circulation", especially since
the Site Plan identifies a cross -access easement but the applicant provided no information of its
content or impact to the site or surrounding properties; (2) the lack of sufficient visual buffering
between the residential zoning districts to the north and west as required by § 110-566, Cape
Canaveral Code of Ordinances ("City Code"); (3) the failure of applicant to address the public
landscape easement that is located 20' along the eastern border of the property, for which FDOT
provided a landscape grant; and (4) the complete failure of applicant to address the adverse
January 28, 2015
Page 2
impacts to the residential properties near the proposed site, other than the Cape Shores
Condominium owners.
Second, the sale of the site to Cumberland Farms and the "Binding Development Plan"
proposed by the applicant will result in an illegal subdivision of land. Once the property is
deeded to Cumberland Farms, the residences to the south will have no legal access to a public
street, as required by § 98-107(c), City Code. The Porters have repeatedly warned that any
attempt to create a roadway to the east of their properties will be aggressively opposed. The
owner of the property subject to this application is attempting to create a subdivision without the
formalities of a subdivision or plat. The City should prevent this improper lot split and require
that all subdivided lands have proper access.
Third, this application violates the themes of "Envision Cape Canaveral", of which John
Porter was an integral part of crafting. A few of the themes violated are native landscaping, no
cookie cutter buildings, walkable, shaded sidewalks and street trees and aesthetically and
architecturally unique styles. Should the Board approve this Special Exception, we ask that
additional conditions be placed on Cumberland Farms to provide compatibility to the themes and
vision of Cape Canaveral.
We are unable to attend this evening's Planning & Zoning Board meeting, but ask that
this letter be considered as part of the record of the evening's hearing. If possible, we ask that it
be read at the hearing.
Thank you for your consideration of these matters.
Sincerely,
�uu �e�aKla
Kimberly Bonder Rezanka
KBR/lm
cc: David L. Greene, City Manager(d.greene@cityofcapecanaveral.org)
Mayor Rocky Randels (r.randelsci citvof capecanaveral.org)
Todd Morley, Director Economic Development(t.morlevcrcitvolcahecanaveral.or<g)
Kim Kopp, Assistant City Attorney (kkopp@orlandolaw.net)
Patrice Huffman
From: Christine Deweese <ccparadis2@yahoo.com>
Sent: Sunday, January 25, 2015 1:21 PM
To: Patrice Huffman
Subject: Re: new development
Dear Patsy,
Please pass on to the Planning and Zoning Board that I am strongly against allowing the construction
of a gas station on A1A on the corner near Sunseed Food Co -Op. Please don't destroy those oak
trees for a hideous thing like another gas station, which does not fit into the existing
neighborhood. Better yet, buy it and make it a park!
Thank you for your kind attention,
Christine P. Deweese
7028 Sevilla Ct. Unit 502
Cape Canaveral, FL 32920
321-750-8065
P.S. I am a former member of the Pinellas County Redevelopment Council, the West Melbourne
Citizens Advisory Board, and the Brevard County Citizens Advisory Committee.
Chris
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
Rebecca Rowe 161A Cape Shores Circle, Cape Canaveral, Florida 32920
This service station/convenience store is not compatible nor harmonious with the adjacent
residential property to the north which has been there since the 1970's. This development
will eliminate green space by removing 100 year old maritime oak trees and native plants
that are in harmony with the residential property next door. It will also destroy the habitat
of many birds and animals.
The traffic volume will create a hardship on its residential neighbors as it will be
impossible for us to turn north out of our neighborhood plus equally difficult for us to
travel south in the west lane as that movement will be hindered by oversize fuel trucks,
garbage trucks trying to service that area and having difficulty exiting AIA. Your
customers will also encounter a nightmarish experience trying to enter this service station
from the south.
We will be adversely impacted by reduced property values, light pollution, noise
pollution, increased vibration with motorcycles and large trucks and malfunctioning
vehicles, gas smells and exhaust fumes, increased crime in the area requiring extra
security with increased fence and gate. There will be more increase in water runoff with
the elimination of trees and the increase in pavement.. The proposed storm water runoff
to a dry retention pond also creates a problem because it becomes an eyesore and
potential health problem with rampant noxious plant growth, standing water, a haven for
mosquitoes, snakes, raccoons, and trash. Also this creates bad visuals for 2 of our
buildings. We will be adversely affected by outside seating proposed by this
development. It could become a meeting place for vagrants which are many in this area.
We are concerned by the curbs on AIA with the storm sewers being drained towards the
Banana River. We are concerned about the huge underground fuel holding tanks being so
close to the river and lagoon which we are so desperately trying to protect. We are also
concerned about the other 8 service stations within a 3 mile area. Many of these may go
out of business creating more vacant buildings and eyesores. We can not understand the
necessity for this type of business in this area. We are a community of about 400
individuals who enjoy the outdoors, walking, biking, and the river.
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David Dickey
From: Ronald FRIEDMAN <rfriedman999@bellsouth.net>
Sent: Monday, January 26, 2015 3:59 PM
To: David Dickey
Subject: P/Z Meeting
David,
I will be out of the country on Wednesday but have reviewed the package on the proposed Special Exception packet
for Atkins North America, Inc. (aka Cumberland Farms) and have two comments that I would like the
Planning/Zoning Board members to consider.
1. City Code Sec. 110-334(c)(3)(g) requires that service stations shall not be erected or located within 2000 feet of
the property line of another service station.
Staffs analysis notes that there is a 7-11 convenience store (with gas pumps) within the 2000 foot radius, however it
is located with unincorporated Brevard County.
The City Code does NOT make an exception if a service station is NOT within the City limits. The Code's wording is
quite explicit. As it is, the 7-11 property line is no more than 75 feet outside of the City limits and is considerably
closer to the proposed Special Exception service station than 2000 feet.
Would Staff still ignore the City Code if there was a service station directly across A1A from the proposed
Cumberland Farms???
2. According to the Title Insurance Co.papers, there are 2 easements for ingress and egress on the subject
property, as well as covenents, conditions and restrictions in earlier plats and deeds. Have these restrictions been
considered in preparing the project??
Thank you
Ron Friedman
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
AUTHORIZATION TO ACT AS APPLICANT
I, Robert Baugher, as managing manager of B&B Enterprises of Cape Canaveral, LLC hereby
authorize Cumberland Farms and its representatives, Kathleen Sousa and Jeffry Lucas to execute the
Special Exception Application as well as the Petition for Tree Removal for the property located at 260
Cape Shores Circle, and further authorize them along with GraylRobinson, P.A. and Philip F. Nohrr,
Esq. to appear before all appropriate Boards within the City including the City Council, Board of
Adjustment, and Planning and Zoning Board in connection with the above applications.
:::
Cape
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igna Cobert Baugher,
anaging Manager
State of Florida, County of Brevard
Sworn and subscribed to before me
This day of-��-',v; a c'! 5 ,
Form of Identification
Notary Public
rot'aA,°B •.: ROBIN LOUISE CHAMBERLIN
MY COMMISSION *FF053370
EXPIRES November 9. 2017
i i-,071398-0153 Florid allotaryService.com
My Commission Expires
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AUTHORIZATION TO ACT AS APPLICANT
I, Robert Baugher, as managing manager of B&B Enterprises of Cape Canaveral, LLC hereby
authorize Cumberland Farms and its representatives, Kathleen Sousa and Jeffry Lucas to execute the
Special Exception Application as well as the Petition for Tree Removal for the property located at 260
Cape Shores Circle, and further authorize them along with GraylRobinson, P.A. and Philip F. Nohrr,
Esq. to appear before all appropriate Boards within the City including the City Council, Board of
Adjustment, and Planning and Zoning Board in connection with the above applications.
State of Florida, County of Brevard
Sworn and subscribed to before me
This day of -j�''J, '�) C'!
Notary Public
My Commission Expires:
4 1323132 v1
B&B Enter ises.-Of Cape
CanWe LC
Baugher,
naging Manager
Form of Identification
ROBIN LOUISE CHAMBERLIN
MY COMMISSION #FF053370
9. 2017
OF
EXPIRES November
j 14071398-0153
RoddallotaryService.com
B&B Enter ises.-Of Cape
CanWe LC
Baugher,
naging Manager
Form of Identification
AUTHORIZATION TO ACT AS APPLICANT
I, Robert Baugher, as managing manager of B&B Enterprises of Cape Canaveral, LLC hereby
authorize Cumberland Farms and its representatives, Kathleen Sousa and Jeffry Lucas to execute the
Special Exception Application as well as the Petition for Tree Removal for the property located at 260
Cape Shores Circle, and further authorize them along with GraylRobinson, P.A. and Philip F. Nohrr,
Esq. to appear before all appropriate Boards within the City including the City Council, Board of
Adjustment, and Planning and Zoning Board in connection with the above applications.
State of Florida, County of Brevard
Sworn and subscribed to before me
This day of
Notary Public
My Commission Expires:
# 1323132 v I
B&B Enter f Cape
C "eft LC
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anaging Manager
Form of Identification
UISE CHAMBERLINMISSION
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Date January 28th, 2015
P&Z Special Exceptions 15-01
From: Ray Osbome resident and concerned citizen on Holman road
Cape Canaveral, Florida
Dear honorable board member,
I want to ask questions about the Special Exception for the Cumberland Farms project.
Referencing your agenda package please see
1) Miscellaneous Impacts
Item # 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? Applicant's reply NNo. Due to project type, some misconceptions do
exist. However, the effect VII be minimized with sound planning practices and standards.
0
Ray>°'Can you please explain at environmental impact study the developer did to
arrive to this conclusion i, ,y concerns are in fact misconceptions? What plans
with sound planning and practices have they in place that will minimize the
environmental impact?"
Attachment# 5
2) Staff Analysis and Worksheet - Sec. 1 10-334(c)(3)
e) No service station shall be erected or location within 150 feet of the property line of any
church, hospital, school, or park. Applicants reply The proposed project is a minimum of 150
feet from any church, hospital, school or park. V"-;
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PLANNING & ZONING BOARD
JOHN PRICE (Chairperson)
w1�C ; YES NO
LAMAR RUSSELL (Vice Chairperson�V3 (-/( YES NO
o YES ( 5
NO
o,DR. JOHN FRED_;nN YES NO
o RONALD -MDMAN YES NO
HARRY PEARSON �,�, YES NO
CRAIG KITTLESON ��� YES NO