HomeMy WebLinkAboutBOA Agenda Packet 2-26-2015CALL TO ORDER:
ROLL CALL:
City of Cape Canaveral
BOARD OF ADJUSTMENT
REGULAR MEETING
'E CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
PUBLIC PARTICIPATION:
FEBRUARY 26, 2015
6:00 P.M.
AGENDA
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. Approval of Meeting Minutes: October 22, 2014
2. Quasi -Judicial and/or Public Hearing: Motion Re: Request to Approve
Special Exception No. 15-01 to authorize an automotive service station in
the C-1 Zoning District, per City Code of Ordinances, Section 110-334
(c)(3) — Atkins North America, Inc. — Applicant - (6455 N. Atlantic
Avenue).
REPORTS AND OPEN DISCUSSION:
ADJOURNMENT:
110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.or e-mail: info(i cityofcapecanaveraLo�
Board of Adjustment Meeting Agenda
February 26, 2015
Page 2
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 disabilities needing assistance to participate in
the proceedings should contact the Community Development Department
(868-1222, ext. 15) 48 hours in advance of the meeting.
110 Polk Avenue P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcalecanaveral.ori; e-mail: info(cccityofcapecanaveral.org
BOARD OF ADJUSTMENT
MEETING MINUTES
October 22, 2014
A Meeting of the Board of Adjustment was held on October 22, 2014, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:02 p.m. by Vice Chairperson Douglas Raymond. The Secretary called the roll.
MEMBERS PRESENT
Douglas Raymond Vice Chairperson
Linda M. Brown
Desmond Wassell
George Sweetman
MEMBERS ABSENT
Arvo Eilau Chairperson
OTHERS PRESENT
Kimberly Kopp Assistant City Attorney
David Dickey Planning and Zoning Director
Patsy Huffinan Secretary
Susan Juliano Secretary
NEW BUSINESS:
1. Approval of Board of Adiustment Meeting Minutes — June 12, 2014 Minutes
Moved by Mr. Sweetman, seconded by Ms. Brown to approve the Meeting Minutes of June 12,
2014 as presented. Vote on the motion carried unanimously.
Assistant City Attorney Kopp swore in all participants speaking at the meeting.
2. Interview and Recommendation to City Council Re: Potential Board Member,
William Joseph Elliott.
Mr. Elliott presented he has been a resident of the City since 1987 and likes to be addressed
as "Joe." He provided Members with a brief background and stated he was in favor of
keeping the City's green space and meeting the goals of the comprehensive plan. Mr.
Sweetman complimented his resume. Mr. Raymond explained that the procedure is to wait
for City Council approval.
Moved my Mr. Wassell, seconded by Ms. Brown to recommend William Joseph Elliott for
appointment to Board of Adjustment.
Board of Adjustment
Meeting Minutes
October 22, 2014
"Kim Kopp asked if everyone agreed with the recommendation, to which Board members gave
their acknowledgement." The vote was unanimous.
Mr. Raymond presented that the next two (2) items were related.
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.
Staff's presentation has been entered into record.
Moved by Mr. Sweetman, seconded by Ms. Brown to approve Special Exception No. 14-04.
Vote on the motion carried unanimously.
4. Quasi -Judicial and/or Public Hearing: Motion Re: Variance Request 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 that 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.
Staff's presentation has been entered into record.
It was noted that this item was previously approved by the Board and there did not appear to be
anything new to change the issues. The Applicant addressed the Board and presented there were
no technical changes; however, there was one new issue. Funding by an Equity group out of
Minnesota occurred as of last Thursday. The Applicant was scheduled to meet with his attorneys
and was looking forward to starting the project.
Discussion brought forth that the plans were previously reviewed/approved for a building with
four (4) floors and the State of Florida's approval included 21 pages addressing the
protection/safety of residents (including those with mobility issues) during emergencies
(fire/power outage/hurricane).
Discussion ensued regarding the location of the facility entrance. The Applicant presented that
the site plan that was approved four (4) years ago remains unchanged and the entrance was on
the South side.
Discussion followed regarding access for vans/trucks parking on the North side and whether
there was going to be one (1) or two (2) entry roads. The Applicant responded there was a curb
cut on West Central Boulevard which was the primary ingress/egress. It will be used during
2
Board of Adjustment
Meeting Minutes
October 22, 2014
construction to limit traffic from the Bayside residents and will be fenced off and security will be
provided.
Discussion ensued regarding a sidewalk and bike path being included in the plans like the one on
Ridgewood Avenue. The Applicant described the extra amenities (sidewalks, park benches,
street lighting, bringing in natural gas for the facility and possible gas lanterns) and stated "this is
going to be a grandiose project."
Audience member Matt Longmeyer asked how far the development goes up to the road. Staff
showed the location of the buildings as well as the space in question on the power point
presentation.
Discussion ensued regarding Building 15; the vacant lot; buildings being divided into sub
phases; and the fact that no rezoning has occurred.
In response to a question regarding the Condo Association's sharing of facilities, the Applicant
presented that the Condo Association stands as is and the Assisted Living Facility stands as its
own business.
Mr. Dickey clarified that Variance No. 14-01 was strictly for the Assisted Living Facility.
Residential is not required to be separated from assisted living. In the future when the additional
condo buildings are proposed, there will be no issues.
Moved by Mr. Wassell, seconded by Ms. Brown to approve Variance No. 14-01. Vote on the
motion carried unanimously.
REPORTS AND OPEN DISCUSSION:
None.
Moved by Mr. Raymond, seconded by Mr. Wassell to adjourn the meeting.
ADJOURNMENT:
There being no further business, the meeting adjourned at 6:24 p.m.
Approved on this day of 12014
Douglas Raymond, Vice Chairperson
Patsy Huffman, Secretary
3
City of Cape Canaveral
Board of Adjustment
Meeting Date: 02/26/2015
Item No.
Subject: Special Exception Request No. 2015-01 — An automotive service station in
the C-1 Zoning Category — 6455 N. Atlantic Avenue (Cumberland Farms Convenience
Store & Gas Station)
Department: Community Development
Applicant/Owner: Atkins North America, Inc./B&B Enterprises of Cape Canaveral,
LLC
Summary: This application is for the construction and operation of an automotive
service station (Cumberland Farms) at 6455 N. Atlantic Avenue (see the attached
location map — Attachment #1).
The proposed development consists of a 4,673 square foot, retail convenience store
that includes seven fueling islands (14 fueling pumps) under a detached canopy. The
project includes 26 parking spaces including 1 handicap space. A 5 -foot wide, concrete
sidewalk is proposed along So. Cape Shores Drive. A 6 -foot masonry wall is proposed
along the northern portion of the stormwater pond as part of the required buffer with
adjacent residential uses. The proposed building is located on a proposed 1.41 acre
parcel, which has frontage on N. Atlantic Boulevard and So. Cape Shores Drive (see
the attached concept plan — Attachment #2).
Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated
when a recommendation from the Planning & Zoning Board to the Board of Adjustment
is being considered. For a detailed analysis of these criteria, see Attachment #4. The
proposal meets these minimum standards.
Sec. 110-334(c)(3) of the City Code establishes additional standards that an automotive
service center shall meet. For a detailed analysis of these criteria, see Attachment #5.
The proposal meets these minimum standards
Subject Property Future Land Use/Zoning Designation: C1
Surrounding zoning:
North — C1
South — C1
East — County BU -1 (across SR Al A)
West — R3
Surrounding uses:
North — Retail
South — Retail
East — Retail/Office
West — Vacant
Board of Adjustment Meeting Date: 02/26/2015
Special Exception No. 2015-01
Page 2 of 4
On August 2, 2014, the City's Community Appearance Board approved a Level 1
application for 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 AIA, 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 and an adjusted average traffic count of 32,140 trips per day. When the
projected traffic of the proposal is added to the background traffic, the AA LOS of SR
Al will remain at C. The report further indicates that the remaining capacity within the
current PM Peak Hour LOS of SR Al is 1,077 trips.
In an effort to provide an additional access point for the Cape Shores development to
SR A1A, B&B Enterprises offered to extend access north from Holman Road to the
southern property line of Cape Shores. However, Cape Shores declined the offer due to
a concern with unauthorized vehicles entering its property.
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.
Board of Adjustment Meeting Date: 02/26/2015
Special Exception No. 2015-01
Page 3 of 4
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 P&Z Board; a Tree Removal Permit which will require a public hearing before
the City Council; an administrative concurrency review, a lot split which will require a
public hearing before the P&Z Board and the City Council; and an administrative Site
Development Permit.
The P&Z Board, at its January 28, 2015 meeting, recommended approval by a vote of
3-1 (see attached minutes), with the following conditions:
1. Prior to any development activity on-site, the applicant will cause an assessment
to be conducted, consistent with applicable rules, to determine the existence of
any historical/cultural resources on the proposed development site. Should the
assessment determine the existence of said resources, a mitigation/remediation
plan, consistent with applicable rules, shall be completed prior to the issuance of
a Building Permit.
2. Hours of operation shall be limited to opening no earlier than 5:00 am and closing
no later than 12:00 am, seven days a week.
3. Any outside seating and/or dining areas shall be located on the southern side of
the main structure as shown on the attached site plan.
4. All outside lighting shall contain appropriate shielding and direct light away from
the north side of the property.
5. Any air and/or vacuum equipment located on the property shall be on the south
side of the main structure as shown on the attached site plan.
6. A lot split application for the proposed 1.41 acre tract shall be submitted and
considered by the City as set forth in Chapter 98 of the City Code. Failure to
obtain approval by the City of such lot split pursuant to Chapter 98 of the City
Code shall render this special exception null and void.
Submitting Director: David Dickey Date: r'
Attachments:
#1 — Location Map
#2 — Concept Plan
#3 — Rendered Elevation
#4 - Staff Analysis and Worksheet — Sec. 110-39(c)
#5 — Staff Analysis and Worksheet — Sec. 110-334 (c)(3)
#6 — Special Exception 2015-01 Application Packet
#7 — Binding Development Plan — January 14, 2015
#8 — P&Z Board January 28, 2015 meeting minutes
The C&ED Staff recommends that the Board of Adjustment take the following
action(s):
Approve Special Exception No. 2015-01, subject to the following conditions:
1. Prior to any development activity on-site, the applicant will cause an assessment
to be conducted, consistent with applicable rules, to determine the existence of
Board of Adjustment Meeting Date: 02/26/2015
Special Exception No. 2015-01
Page 4 of 4
any historical/cultural resources on the proposed development site. Should the
assessment determine the existence of said resources, a mitigation/remediation
plan, consistent with applicable rules, shall be completed prior to the issuance of
a Building Permit.
2. Hours of operation shall be limited to opening no earlier than 5:00 am and closing
no later than 12:00 am, seven days a week.
3. Any outside seating and/or dining areas shall be located on the southern side of
the main structure as shown on the attached site plan.
4. All outside lighting shall contain appropriate shielding and direct light away from
the north side of the property.
5. Any air and/or vacuum equipment located on the property shall be on the south
side of the main structure as shown on the attached site plan.
6. A lot split application for the proposed 1.41 acre tract shall be submitted and
considered by the City as set forth in Chapter 98 of the City Code. Failure to
obtain approval by the City of such lot split pursuant to Chapter 98 of the City
Code shall render this special exception null and void.
7. Evidence of the following must be provided to the satisfaction of the City prior to
the issuance of a Certificate of Occupancy: (1) Acceptable means of access to
all adjoining parcels of the subject parcel to the satisfaction of the City's Fire
Marshall and (2) approval by the City of Cocoa of, and installation by the
property owner of, a fire hydrant at a location acceptable to the City's Fire
Marshall or (3) the existing dwelling located on the adjoining parcel, west of the
subject parcel, must be vacated and remain unoccupied until conditions (1) and
(2) above are satisfied or until occupancy is otherwise approved by the City's Fire
Marshall.
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Attachment #4
Staff Analysis and Worksheet — Sec. 110-39(c)
Special Exception No. 2015-01
All special exception recommendations and final decisions shall be based on the
following criteria to the extent applicable:
1. Land Use and Zoning
a. Is the requested SE consistent with the intent of the Comprehensive Plan?
Yes, the subject property in situated in the N. Atlantic Avenue commercial corridor.
The proposed use is a continuation of the commercial development pattern in the
area and is consistent with the Future Land Use Element of the Comprehensive
Plan which seeks to ensure the proper relationship among various land uses (Goal
L U-1).
b. Is the requested SE consistent with the intent of the zoning district in which it is
sought? The proposed use is consistent with the C-1 zoning district as defined in
Sec. 110-331 of the City's Code, which states (underline added):
The requirements for the C-1 low density commercial district are
intended to apply to an area adjacent to major arterial streets and
convenient to major residential areas. The types of uses permitted are
intended to serve the consumer needs of nearby residential
neichborhoods, as well as the commercial needs of the motorist. Lot
sizes and other restrictions are intended to reduce conflict with
adjacent residential uses and to minimize the interruption of traffic
along thoroughfares.
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, the
special exception is consistent with applicable zoning standards as contained in Sec.
110 of the City Code.
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 proposed use is
consistent and compatible with adjacent uses. The subject parcel is within a much
larger C-1 district that represents the City's main commercial corridor. The
surrounding properties have primarily developed with commercial uses that would
typically be located along a major arterial road (SR AIA). SR AIA is the main
north -south route through Brevard County's coastal communities and serves its
residents and visitors. The proposed use will meet applicable zoning standards to
include those associated with off-site glare, noise, buffering, landscaping, traffic
generation, etc.
On August 6, 2014, the City's Community Appearance Board approved a Level 1
Application for the subject project. This approval required the CAB to consider if
the proposed plans and specifications of the project are in harmony with the
established character of other buildings and structures in the surrounding area.
b. Will the scale and intensity of the proposed special exception be compatible
and harmonious with adjacent land uses? Yes, see response to 2 a. above.
c. Will the traffic volume and type adversely impact land use activities in the
immediate vicinity? No. Exhibit #1 to this report includes a traffic analysis that
demonstrates that the proposed development will generate an additional 92 PM Peak
Hour trips. SR AIA, which provides the primary access to the project, is operating
at a LOS of C with a current count of 2,457 PM Peak Hour trips. When the
projected traffic of the proposal is added to the background traffic, the LOS of SR
AIA will remain at C. The report further indicates that the remaining capacity
within the current PM Peak Hour LOS of SR AIA is 1,077 trips. SR AIA currently
has an adjusted average traffic: count of 32,140 trips per day. Traffic type will
primarily be passenger vehicles, with intermittent truck traffic to supply the store
with goods.
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 or southern area of the property, opposite the multi family to
the northwest. Dumpsters will be enclosed and are located south of the retention
area. A six-foot masonry wall is also being proposed along the northwestern
property line to provide an additional level of buffering for the multi family. Parking
and traffic circulation are designed to have minimum impact to other properties in
the surrounding area. Stormwater runoff is addressed by a retention pond located
in the western portion 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, site improvements will meet applicable Code requirements
to address possible off-site impacts. A six-foot masonry wall is also being proposed
along the northwestern property line to provide an additional level of buffering for
the multi family.
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, seethe 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. A condition of approval has been placed on the project to shield
all outside lighting and direct it away from the north side of the property.
h. What are the hours of operation and how will they impact surrounding
properties? Open no earlier than 5:00 am and close no later than 12:00 am, seven
days a week.
3. Traffic and Parking
a. Is there adequate off-street parking? Yes, the site plan includes the number of
parking spaces as required in Sec. 110-491 of the City's Code.
b. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic flow, and emergency access? Yes,
the project is proposed to be accessed by two driveways, with one on South Cape
Shores Drive and the primary one on SR AIA. 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? See the
attached traffic analysis.
d. Are there adequate loading and unloading areas? Yes.
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.
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. Dumpsters will be located on
the south side of the retention pond and 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? Development of
the site will meet local, state and federal requirements.
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? As a condition of approval, the
applicant will be required to conduct an assessment, consistent with applicable rules,
to determine the existence of any historicaUcultural resources on the property prior
to the issuance of a Building Permit. If the assessment determines the existence of
said resources, a mitigation/remediation plan, consistent with applicable rules, shall
be completed prior to the issuance of a Building Permit.
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.
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Attachment #5
Staff Analysis and Worksheet — Sec. 110-334(c)(3)
Special Exception No. 2015-01
(3) Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump island. — The building and pump islands are setback at least 25
feet from the property lines.
b. Underground storage is required for all receptacles for combustible materials
in excess of 55 gallons. Such storage shall comply with all Environmental
Protection Agency standards. — The underground storage tanks will be required
to meet applicable state and/or federal regulations.
c. The accumulation and storage of waste petroleum products is forbidden,
unless in compliance with Environmental Protection Agency standards. — This
is an operational standard and, if needed, will be enforced through the City's code
enforcement division.
d. Curb cuts shall be made in accordance with - The proposed
site plan is consistent with this section of the City code.
e. No service stations shall be erected or located within 150 feet of the property
line of any church, hospital, school or park. — The proposed project is a
minimum of 150 feet from any church, hospital, school or park.
f. A visual screen, meeting the specifications of t t c, shall be
provided along any property line abutting a residential district or residential
use — The site plan indicates the erection of a masonry wall along that portion of
the property line that abuts the residential use to the northwest.
g. Services and sales permissible include only the following: see Sec. 110-334(c)
of the City Code for a complete list.
h. Vehicles shall not be parked outside the building for more than four days,
such four days to be considered as an accumulated parking time, whether
consecutive or accumulated. - This is an operational standard and, if needed,
will be enforced through the City's code enforcement division.
L Uses permissible at a service station do not include body work,
straightening of body parts, painting, welding (other than minor repairs),
storage of automobiles not in operating condition or other work involving
noise, glare, fumes, smoke or other characteristics to an extent greater
than normally found in service stations. A service station is not a body
shop. - This is an operational standard and, if needed, will be enforced through
the City's code enforcement division.
j. Automotive parts, new or used, shall not be stored outside. - This is an
operational standard and, if needed, will be enforced through the City's code
enforcement division.
k. Vehicles are not to be dismantled or scrapped for parts. - This is an
operational standard and, if needed, will be enforced through the City's code
enforcement division.
I. Engine and transmission overhaul may be performed only inside the
service bays. — There are no service bays proposed as part of this project.
m. A minimum of two enclosed service bays and a customer waiting area must
be provided if maintenance and repairs are a part of the business. — There
are no service bays proposed as part of this project.
n. A minimum building size of 2,000 square feet shall be provided. — The
proposed building is 4,673 square feet.
o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or
joints in the pavement. - This is an operational standard and, if needed, will be
enforced through the City's code enforcement division.
p. Landscaping shall conform to ; — The proposed landscaping
meets the standards in Sec. 110-566 of the City code.
q. Service stations shall not be erected or located within 2,000 feet of the
property line of another service station. — The proposed project is located in
excess of 2,000 feet from the nearest existing service station in the City limits.
Please note that there is a 7-11 convenience store within the 2,000 foot radius,
however, it is located within unincorporated Brevard County.
Attachment #6
CITY OF CAPE CANAVERAL
SPECIAL EXCEPTION
APPLICATION PACKET
Instruction sheet..................................2
Submittal Checklist ..............................2
Information Sheet...............................3 & 4
Worksheet........................................5, 6 & 7
Radius Package Instructions.................8
PD - Special Exception Application - 101411 Page 1
City of Cape Canaveral
SPECIAL EXCEPTION
Instruction Sheet
A pre -application meeting with the City Planner is required prior to completion
and submittal of a Special Exception application.
The Special Exception application shall be prepared in compliance with the
requirements of Chapter 110, Sections 110-38 & 110-39 of our code. To access our
code visit www.citvofcapecanaveraI.org; from the homepage select City Code of
Ordinances; and click on the link to municode.com.
You and/or representative are required to attend the meetings at which your request will
be considered. You will be notified of the dates and times of meetings. Meetings are
held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral,
FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal the application will not be
accepted.
Special Exception Application Submittal Checklist
1. x Completed Information Sheet
2. x Authorization to represent property owner, if applicant is not the owner.
If tenant: Notarized letter of authorization. Letter of Authorization from
If Other: Written Power of Attorney. owner was informed to be ok
and is provided
3. x Payment of application fee ($250) and escrow deposit (escrow fees are to cover
costs of application review, notification of surrounding property owners, etc. and
the amount is determined when the application is submitted).
4. x Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
labels (instructions on page 8).
5. x Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
6. x Copy of recorded deed or pinion of Title for subject property.
7. x Certified survey or site plan (scaled drawing of subject property depicting
boundaries, all structures, and parking.
PD - Special Exception Application - 101411 Page 2
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.
The sole basis of SE request is due to development being a service
station use (Sec 110-334(c). Preliminary meeting informed that outdoor
patio scat i n(q May r-Qq;1ir-Q SE Unknown at; t h i s t i wo
but if so, it is requested to be part of the overall request.
Address of requested Special Exception: SW Corner of Cape Shores Circle & A1A
(multi -parcel frontages' 260 Cape Shores Circle is of largest parcel)
Name of Project (if applicable): Cumberland Farms - A1A/Cape Shores
Legal description: Lot(s) on Block 251 Subdivision 00
Section 26 Township 24 Range 37
Future Land Use and Zoning designations: C-1 Commercial /C1 - Commercial
Owner and Applicant Information:
am the property owner. Owner's Authorization Letter
provided to suffice
I am a tenant. (Attach notarized letter of authorization).
X I am authorized agent other than a tenant:
Owner(s) Name: B&B Enterprises of Cape Canaveral LLC - Robert Baugher
Mailing Address: -22 10 S. Atlantic Ave, Cocoa Beach, FL 32931
Phone number(s): 321-784-2318
Email(s): bbaugher@cfl.rr.com
Authorized Agent Information (if applicable):
Name of Authorized Agent: Kathleen Sousa - Cumberland Farms
(Jeff Lucas is Agent by proxy for Kathleen Sousa)
Mailing Address: 100 Crossing Blvd Framingham MA 01702
Phone number(s): 508-270-1400
Email(s): ksousa@cumberlandgulf.com
ease send all correspondence to Jeff Lucas at Jeffrey.
nh# 321-775-6647(see attached letter of authorization)
PD - Special Exception Application -101411 Page 3
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet — Cont'd
I hereby attest that all information, sketches and
request are honest and true to the best of my kn
Signature of Applicant:
State of F
County of
contained and made part of this
foe and belief.
J frey Lucas, Authorized Agent for
Kathleen Sousa
V�e ✓0 r d
Sworn to and subscribed before me on this ZU day of
20X► by Je>°r� Jyc-Qs
,'who is personally
known, or ❑ produced W. — Type of W.
Signature of Notary:
Notary Seal:
j7poolrl % Notary Pu=Hill
Mary Jo�� My Commiti Expires 0
NOTE: It has been informed that the site will receieve a new address
of 6455 N. Atlantic Avenue Cape Canaveral,FL 32920
00001
PD - Special Exception Application - 101411 Page 4
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet
An applicant for a Special Exception is required to meet with the Planning Director prior
to completing and submitting the application. The following worksheet will be used to
evaluate the requested Special Exception.
A Special Exception is a use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area,
location, etc. would be appropriate. A Special Exception will promote the public health,
safety morals, order, comfort, convenience, appearance, prosperity or general welfare
of the neighborhood community.
It is the applicant's responsibility to make a case for the requested special exception
and this worksheet is the criteria by which the Planning & Zoning Board will make its
recommendation and Board of Adjustment will make its determination.
Nature of Special Exception
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe
the Special Exception requested.
Impact to surrounding properties
1. Is the proposed special exception compatible and harmonious with properties and
uses in the surrounding area? Explain why. Yes, the inherent proj ect nature provide:
convenience to the location and compatible corridor use on AlA/adjacent facilities.
2. Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes. compatibility is satisfied by improved
aesthetics along with proper screening and buffering.
3. Will the traffic generated, volume and type, adversely impact land use activities in
the immediate vicini? No. Trip volumes are internalized and captured due to
inherent project 4ature. Conr}ectivity & driveway volumes should suffice vicinity.
A traffic study will be provided.
4. Will the proposed special exception create any adverse impacts to other properties
in the surrounding area? Address the creation of noise, light, vibration, odor, traffic,
stormwater runoff, or other offsite impacts? No. these aspects will be properly
contained or controlled within adopted standards.
5. Will there be adequate screening, buffers, landscaping, and open space, etc. to
mitigate any adverse impacts of the SE? Yes, an aesthetically pleasing finish,
landscape, & open space plan will be provided. It will replace the dilapidated
and abandoned structures within the project limits to bring added value to
the community.
Page 5
PD - Special Exception Application - 101411
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet — Cont'd
6. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the SE requested? YES.
7. Are signs and exterior lighting designed and located so as to promote traffic safety
and to minimize any undue glare or incompatibility with adjoining properties? YES
8. What are the hours of operation and how will they impact surrounding properties?
24 hour operation is proposed. Impacts are not detrimental to adjacent
Traffic and Parking Properties as focal direction is towards the corridor road.
9. Is there adequate off-street parking? YES. 16 SPACES REQUIRED, 26 PROVIDED.
10. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience traffic flow, and emergency access? Yes, vehicular &
pedestrian access& saftey is readily available and currently served from the
11. What type and how much traffic will the SE generate? adjacent roads.
SEE BELOW (on Page 7).
12. Are there adequate loading and unloading areas? YES. LOADING AREAS ARE
SEGREGATED AWAY FROM CUSTOMER USE.
Public Services
13. Are there adequate utilities available including location and capacity?
YES, WATER,SEWER, ARE READILY AVAILABLE AT THE SITE PERIMETER.
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services? No
15. Will the proposed Special Exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation, streets,
public transportation, marina and waterways, and bicycle and pedestrian facilities?
No, these services are readily available and sound planning addresses these items.
16. Is there adequate refuse facility for the use and is the dumpster properly located
and screened? Yes. The dumpster will be properly screened.
Miscellaneous Impacts
17. Will the proposed SE have an adverse impact on the natural environment, including
air, water, and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation, and flood hazards? No. Due to proj ect type, some
misconceptions do exist.However, the effect will be minimized with
sound planning practices & standards.
PD - Special Exception Application - 101411 Page 6
City of Cape Canaveral
SPECIAL EXCEPTION
Worksheet — Cont'd
18. Will the proposed SE have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? No. The site exists along a commercial corridor.
19. Will the proposed SE have an adverse impact on the local economy, including
governmental fiscal impact, employment and property values? No, the proj ect
will provide an upgrade to the area by replacing an existing (See 19 below)
20. Will the proposed special exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality? No, See item 19 explanation.
Item 11 Continued- Traffic generation for the site is moderate. However,
developments of this type provide a lot of internal capture of traffic due
to fuel service and convenience store consolidation. A traffic study is
being prepared.
Item 19 continued - dilapidated site that has condemned structures and
abandoned slabs with an aesthetically pleasing
site to bring value to the local economy.It will maintain existing access
to adjoining neighbors and upgrade unimproved driving surfaces.
Page 7
PD - Special Exception Application - 101411
City of Cape Canaveral
SPECIAL EXCEPTION
Radius Package Instructions
Order the "Radius Package" from the Brevard County, Planning & Development
Department, Graphics Division, located at the Central Brevard County Property
Appraiser's Office, Brevard County Government Center, 2725 Judge Fran Jamieson
Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00
p.m., Monday through Friday, except on holidays.
Instructions:
To order a radius package contact: Joanne Adams at (321)633-2060, ext. 56085 or by
Email: joanne.adams@brevardcounty.us.
She will need the subject property(s) tax ID number, address or parcel ID.
The radius package will include two lists of properties located within the 500 ft.
boundaries of the subject property; and one (1) set of mailing labels.
Joanne Adams will contact you when your radius package is ready for pick-up or
mailed.
The cost is $40.00. Brevard County will accept payment in the form of cash, check
made payable to the Brevard County Board of County Commissioners, and credit or
debit cards (except VISA).
Submit the complete radius package to Barry Brown, Planning & Zoning Director for
further processing of your request.
PD - Special Exception Application - 101411 Page 8
B&B Enterprises of Cape Canaveral LLC
2210 S. Atlantic Ave.
Cocoa Beach, Florida 32931
(321) 784-2318
July 3, 2014
OWNER'S AUTHORIZATION
Project location: Southwest corner of the intersection of Cape Shores Circle and US Highway Al A.
Proposed project name: Cumberland Farms — A1A/Cape Shores
To Whom it May Concern:
Kathleen Sousa and assignees/authorized agents of Cumberland Farms are authorized by B&B
Enterprises of Cape Canaveral LLC to conduct site plan project aspects for the -project located as
iescribed above in ape c:ranaveral, rwl lua.
B&B En -ape Canaveral LLC Authorized Representative - Signature
Date: cq o — ' tq q
Print Name & Title:
"heabve�inentas acknowledged before me this �fday of �l - 20 �,by
(Authorized Representative), B&B Enterprises of Ca a Canaveral LLC,
whoispern to me or has produced an identification and who did/did not take an oath.
State of Florida
County of Brevard
Notary Seal & Signature Commission Expires: 1 I J o 9 I 1}
ROBIN LOUISE CHAMBERLIN
• My COMMISSION #FF053370
EXPIRES November 9, 2017
(407) 3WO153 FlorldallolaryServlae-COM
f
klumkriand
R N'k c
June 20, 2014
Project Location:
Dear Sirs:
Cumberland Gulf Group of Companies
100 Crossing Boulevard • Framingham, MA 01702
508-270-1400
www.cumberlandgulf.com
OWNER'S AUTHORIZATION
AlA & Cape Shore
Proposed project name & address: Cumberland Farms,
AlA & Cape Shore, Cape Canaveral, Florida
Atkins North America, Inc. is the authorized agent for Cumberland Farms, Inc. to handle
and sign all Site Plan and related permit applications for the Cumberland Farms development
project located at AlA & Cape Shore, Cape Canaveral, Florida.
Cumberland Farms, Inc.
By:
Kathleen A. Sousa
Senior Pipeline Manager
Commonwealth of Massachusetts
County of Middlesex
The above instrument was acknowledged before me this 20th day of June, 2014, by
Kathleen A. Sousa, Senior Pipeline Manager, Cumberland Farms, Inc., who is personally known
tarlN.W, and who did take an oath.
$ ; °Ne
Q o 9 20 tom`
!'N1�3Commission Expires:
Notary Public 'o,� oo��4 �P;! a� ,f
r.m. packard &assoc.,inc
surveying & mapping
197 Bougainvillea Drive / Suite "D"
Rockledge, Florida 32955
Tel: (321) 632-6335 • Fax: (321) 631-7392
E -Mail: packardsurvey@cfl.rr.com
JL
r
i
r
CUMBERLAND — CAPE CANAVERAL
DESCRIPTION (AS FURNISHED):
A portion of Sections 23 and 26, Township 24 South, Range 37 East, City of Cape Canaveral,
Brevard County, Florida, being more particularly described as follows:
Commence at southwest corner of said Section 23, thence N.00°41'56"W., along the West line
of said Section 23, a distance of 40.00 feet to the North line of that parcel described in deed
recorded in Official Records Book 5191, Page 2283 of the public records of Brevard County,
Florida; thence N.89017'40"E., along said North line and parallel with the South line of said
Section 23, a distance of 410.02 feet to the Point of Beginning of the herein described parcel;
thence continue N.89°17'40"E., along said line, a distance of 312.72 feet to the West right of
way line of North Atlantic Avenue (S.R. A -1-A); thence S.00°37'54"E., along said West right of
way line, a distance of 194.93 feet to the Northeast corner of that parcel described in Official
Records Book 7084, Page 2127 of said public records; thence S.89°22'06'11V., along the North
line of last referenced parcel, a distance of 318.26 feet to the Northwest corner thereof; thence
N.00059'59"E., a distance of 194.60 feet to the Point of Beginning; containing 1.41 acres, more
or less.
7 �-
' First American
n -
Schedule A
Customer Reference Number: 35749.0032
First American File Number: 2037-3174080
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
5011612 - 2037-3174080
1. Effective Date: May 21, 2014 @ 8:00 A.M.
2. Policy or Policies to be issued: Proposed Amount of Insurance:
a. Owner's Policy
ALTA Owner's Policy of Title Insurance (6-17-06) $1,000.00
(with Florida modifications)
Proposed Insured: Metrogroup Development II, LLC
b. Loan Policy
ALTA Loan Policy of Title Insurance (6-17-06) $0.00
(with Florida modifications)
Proposed Insured:
C. $
Proposed Insured:
Premium: $
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
B & B Enterprise of Cape Canaveral, LLC, a Florida limited liability company, by virtue of Book
6740, Page 406 and Book 7055, Page 2820
5. The land referred to in this Commitment is described as follows:
See Exhibit "A" attached hereto and made a part hereof
Shutts & Bowen, LLP
By:
Authorized Countersignature for Shutts & Bowen, LLP
(This Schedule A valid only when Schedule B is attached.)
•-��. Commitment for Title Insurance
` First American
`.0 yr� ISSUED BY
Exhibit A First American Title Insurance Company
5011612 - 2037-3174080
Customer Reference Number: 35749.0032
First American File Number: 2037-3174080
The land referred to herein below is situated in the County of Brevard, State of Florida, and is described
as follows:
A PORTION OF THE FOLLOWING DESCRIBED PROPERTY TO BE FURTHER DESCRIBED BY A LICENSED
FLORIDA LAND SURVEYOR:
A PORTION OF SECTIONS 22, 23, 26 AND 27, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD
COUNTY, FLORIDA, SAID PROPERTY CONTAINING LOTS 2, 3, 4 AND A PORTION OF LOT 5, PLAT OF
GAE RETREAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 45, OF THE
PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE CORNER COMMON TO SAID SECTIONS 22, 23, 26, AND 27; THENCE N00°41'56"W,
ALONG THE WEST LINE OF SAID SECTION 23, A DISTANCE OF 40.00 FEET, TO A POINT ON THE
NORTH LINE OF THE SOUTH 40.00 FEET OF SAID SECTION 23 AND THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE N89°17'40"E, ALONG SAID NORTH LINE, A DISTANCE OF 722.75
FEET, TO THE WEST RIGHT OF WAY LINE OF NORTH ATLANTIC AVENUE (STATE ROAD A -1-A; THENCE
S00037'54"E, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 690.91 FEET, TO THE NORTH
LINE RIGHT OF WAY LINE OF HOLMAN AVENUE, AS SAID RIGHT OF WAY IS SHOWN ON SAID PLAT;
THENCE S89017'34"W ALONG SAID NORTH LINE RIGHT OF WAY LINE, A DISTANCE OF 370.76 FEET, TO
THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N00039'09"W, ALONG THE WEST LINE OF SAID
LOT 2, A DISTANCE OF 90.85 FEET, TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE
S890
17 34' W, ALONG THE NORTH LINE OF LOT 1 OF SAID PLAT OF GAE RETREAT, A DISTANCE OF
3.34 FEET,
TO THE SOUTHEAST CORNER OF THOSE LANDS DESCRIBED IN DEED RECORDED IN
OFFICIAL RECORDS BOOK 4081, PAGE 1438, OF SAID PUBLIC RECORDS; THENCE N00037'54"W, ALONG
THE EAST LINE OF SAID LANDS, A DISTANCE OF 200.00 FEET, TO THE NORTHEAST CORNER OF
THEREOF; THENCE N00°59'59"E, ALONG THE WEST LINE OF THAT PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 5191, PAGE 2758 OF SAID PUBLIC RECORDS, A DISTANCE OF 172.15 FEET TO THE
SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5460, PAGE 3363 OF
SAID PUBLIC RECORDS; THENCE THE FOLLOWING 2 COURSES ALONG SAID SOUTH LINE TO THE
ORDINARY HIGH WATER MARK OF THE BANANA RIVER (LAGOON); (1) S89117'40"W, A DISTANCE OF
435.12 FEET; (2) N80055'55"W, A DISTANCE OF 65.95 FEET; THENCE THE FOLLOWING 11 COURSES
ALONG SAID ORDINARY HIGH WATER MARK TO THE NORTH LINE OF THE SOUTH 40.00 FEET OF SAID
SECTION 22; (1) NO2018'28"W, A DISTANCE OF 16.81 FEET; (2) N09°01'58"W, A DISTANCE OF 16.19
FEET; (3) N13158'46"W, A DISTANCE OF 14.92 FEET; (4) N48118'19"W, A DISTANCE OF 15.36 FEET; (5)
N20024'39"W, A DISTANCE OF 45.67 FEET; (6) N05036'08"W, A DISTANCE OF 29.19 FEET; (7)
NO2031'43"W, A DISTANCE OF 30.51 FEET; (8) N32118'41"W, A DISTANCE OF 5.16 FEET; (9)
N00031'02"W, A DISTANCE OF 24.62 FEET; (10) N12146'45"W, A DISTANCE OF 18.88 FEET; (11)
N25048'23"W, A DISTANCE OF 10.01 FEET; THENCE N89117'40"E, ALONG THE NORTH LINE OF THE
SOUTH 40.00 FEET OF SAID SECTION 22, A DISTANCE OF 194.16 FEET, TO THE POINT OF BEGINNING.
• '"" Commitment for Title Insurance
First American
ISSUED BY
Schedule BI First American Title Insurance Company
5011612 - 2037-3174080
Customer Reference Number: 35749.0032
First American File Number: 2037-3174080
REQUIREMENTS
The following requirements must be met:
Pay and/or disburse the agreed amounts for the interest in the land and/or the mortgage to be
insured.
2. Pay us the premiums, fees and charges for the policy.
3. Pay all taxes and/or assessments, levied and assessed against the land, which are due and
payable.
4. The following documents, satisfactory to us, creating the interest in the land and/or the
mortgage to be insured must be signed, delivered and recorded:
a) Warranty Deed from B & B Enterprise of Cape Canaveral, LLC, a Florida limited liability
company, to Metrogroup Development II, LLC. In connection with said deed, we will
further require regarding the grantor:
i. Production of a copy of the articles of organization and operating agreement if
adopted, with an affidavit affixed thereto that it is a true copy of the articles of
organization and operating agreement, and all amendments thereto (the "Enabling
Documents"), and that the limited liability company has not been dissolved;
ii. That said deed shall be executed by all of the members, unless the articles of
organization provide that the company shall be governed by managers, then said deed
shall be executed by all of the managers;
iii. If the Enabling Documents authorize less than all of the members, or managers as
the case may be, to execute a conveyance, then said deed may be executed by such
members or managers as are authorized by the articles of organization and operating
agreement to execute a conveyance, together with any documentary evidence which
may be necessary to show the authority of the parties executing the deed to bind the
limited liability company;
iv. Should any member, or manager if applicable, be other than a natural person, we will
require proof of good standing as well as documentation of authority of the person to
execute documents on its behalf;
v. Certificate from the Secretary of State (or other governmental agency designated for
the filing of the Enabling Documents) of said limited liability company's domicile, showing
the limited liability company to have been formed prior to the date of acquisition,
together with proof as to the current status of said limited liability company;
vi. Documentary evidence in recordable form, showing compliance with all requirements
regarding conveying company property contained in the Enabling Documents; and
vii. The Company reserves the right to amend the commitment, including but not limited
to, the addition of further requirements and/or exceptions as it deems necessary based
upon a review of any of the documentation required above.
5. Satisfactory evidence must be furnished as to the proper organization of Metrogroup
Development II, LLC, a limited liability company, prior to closing this transaction, together with
proof as to the current status of said limited liability company in its state of origin. The Company
reserves the right to make such additional requirements as it may deem necessary.
6. The actual value of the estate or interest to be insured must be disclosed to the Company and,
subject to approval by the Company, entered as the amount of the Policy to be issued. Until the
amount of the Policy to be issued shall be determined and entered as aforesaid, it is agreed by
and between the Company, the applicant for this Commitment, and every person relying on this
Commitment, that the Company cannot be required to approve any such evaluation in excess of
$1,000.00, and the total liability of the Company on account of this Commitment shall not exceed
said amount.
7. Payment, cancellation and satisfaction of record of mortgage in the original principal amount
of $500,000.00, executed by B & B Enterprise of Cape Canaveral, LLC, a Florida limited liability
company in favor of B.W. Simpkins, as Trustee of the B.W. Simpkins Trust u/a/d October 4,
1976, as restated June 6, 1996, recorded November 19, 2012 in Book 6740, Page 411, as
affected by Partial Release of Mortgage recorded March 13, 2014 in Book 7084, Page 2125 .
8. Furnish Company a Survey prepared by a Florida registered land surveyor; dated no more than
90 days prior to closing date of subject transaction; certified to the proposed insured(s), First
American Title Insurance Company and all other parties in interest; and, meeting the Florida
Minimum Technical Standards for all land surveys. Upon receipt and review of such survey, the
Company reserves the right to make such additional requirements and/or to modify the legal
description set forth on Schedule A as it may deem necessary.
9. Note: The following is for informational purposes only and is given without assurance or
guarantee: 2013 taxes show PAID in the gross amount of $See attached tax sheets for Tax
Identification No. See attached tax sheets.
10. Execution at time of closing of the Seller/Owner's Affidavit by owners herein disclosing all facts
relative to mechanics', laborers' and materialmens' liens and all facts relevant to parties in
possession of the premises to be insured at time of closing. The Company reserves the right to
make additional requirements in relation thereto.
Commitment for Title Insurance
` First American
ISSUED BY
First American Title Insurance Company
Schedule BII 5011612 - 2037-3174080
Customer Reference Number: 35749.0032
First American File Number: 2037-3174080
PART II
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date but prior to the date the
proposed insured acquires for value of record the estate or interest or mortgage thereon covered
by this Commitment.
2. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the land.
4. Any lien, for services, labor, or materials in connection with improvements, repairs or renovations
provided before, on, or after Date of Policy, not shown by the public records.
Any dispute as to the boundaries caused by a change in the location of any water body within or
adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that
is, at Date of Policy, or was previously under water.
6. Taxes or special assessments not shown as liens in the public records or in the records of the
local tax collecting authority, at Date of Policy.
Any minerals or mineral rights leased, granted or retained by current or prior owners.
Taxes and assessments for the year 2014 and subsequent years, which are not yet due and
payable.
NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions for parties in possession, for
mechanics liens, and for taxes or special assessments not shown as liens in the public records
shall be deleted upon receipt of an acceptable Non -Lien and Possession Affidavit establishing who
is in possession of the lands, that there are no liens or encumbrances upon the lands other than
as set forth in the Commitment, that no improvements to the lands have been made within the
past 90 days or are contemplated to be made before closing that will not be paid in full, and that
there are no unrecorded taxes or assessments that are not shown as existing liens in the public
records. Any Policies issued hereunder may be subject to a Special Exception for matters
disclosed by said affidavit.
Standard Exception(s) for questions of survey may be deleted upon receipt and review of a
properly certified Survey meeting the Florida Minimum Technical Standards for all land surveys
dated no more than 90 days prior to closing or such other proof as may be acceptable to the
Company. Any Policies issued hereunder may be subject to a Special Exception for matters
disclosed by said survey or proof.
Note: All of the recording information contained herein refers to the Public Records
of Brevard County, Florida, unless otherwise indicated. Any reference herein to a Book and Page or
Instrument Number is a reference to the Official Record Books of said county, unless indicated to the
contrary.
9. Restrictions, dedications, conditions, reservations, easements and other matters shown on the
plat of , as recorded in Plat Book , Page(s) , but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status or national origin to the extent such covenants, conditions or restrictions violate 42
USC 3604(c).
10. Easements granted to Florida Power & Light Company by instrument recorded in Deed Book 396,
Page 199; Deed Book 396, Page 202; Book 246, Page 435; Book 248, Page 535 and recorded
June 14, 2000 in Book 4178, Page 1106 .
11. Declaration of Covenants, Conditions and Restrictions recorded in Book 45, Page 490; Book 77,
Page 480 and Book 170, Page 176, but deleting any covenant, condition or restriction indicating
a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status or national origin to the extent such covenants, conditions or restrictions violate 42 USC
3604(c).
12. Easements granted to City of Cape Canaveral by instrument recorded in Book 834, Page 535;
Book 834, Page 538; Book 866, Page 317 and recorded May 6, 2002 in Book 4586, Page 3415.
13. Terms and conditions of the Agreement About a Boundary between Haley Dunson and Jean
Porter -Gabler recorded August 9, 1989 in Book 3011, Page 1825.
14. Easement for ingress and egress created by Deed recordedDecember 31, 1991 in Book 3170,
Page 1933, and Deed recorded June 21, 1999 in Book 4028, Page 1847.
15. Ingress & Egress Easement granted to William T. LaChance and Bonnie L. LaChance, husband
and wife by Edwin T. LaChance and Billie C. LaChance, husband and wife, dated June 17, 1999
and recorded June 21, 1999 in Book 4028, Page 1852.
16. Easement granted to The City of Cape Canaveral by instrument recorded August 3, 2004 in Book
5341, Page 8084.
17. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any
parties claiming through the lessee(s) under the lease(s).
Customer Reference Number: 35749.0032
First American File Number: 2037-3174080
Note: All of the recording information contained herein refers to the Public Records of Brevard County,
Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official
Record Books of said county, unless indicated to the contrary.
Notices - Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this policy and shall be addressed to the Company, Attention:
Claims Department, 1 First American Way, Santa Ana, CA 92707.
Service, Quality and Availability
First American Title Insurance Company cares about its customers and their ability to obtain information
and service on a convenient, timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you. A toll-free number is available for your convenience in obtaining information
about coverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are
from 8:30 a.m. through 5:30 p.m. Monday through Friday.
Shutts & Bowen, LLP
300 S Orange Ave Ste 1000
Orlando , FL 32801
Phn -(407)835-6900
Fax -(407)425-8316
05/29/2014
Re: Customer Reference Number: 35749.0032
First American File Number: 2037-3174080
Property Address: , FL
YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE IS
PROVIDED WITH A PRIOR OWNER'S POLICY INSURING THE SELLER OR MORTGAGOR IN
THE CURRENT TRANSACTION.
An order has been placed with this company for a title insurance policy. The purpose of this letter is to
provide you with important information regarding the title insurance premium that has been or will be
charged in connection with this transaction.
Eligibility for a discounted title insurance premium will depend on :
REFINANCE TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of
your prior owner's policy of title insurance insuring your title to the above -referenced property.
SALES TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of
your (or your seller's) prior owner's policy of title insurance insuring your title to the above -
referenced property. The effective date of the prior owner's policy must be less than three years
old or the property insured by the policy must be unimproved (except roads, bridges, drainage
facilities and utilities are not considered improvements for this purpose).
To qualify for the reduced rate, you or your representative may hand deliver, mail or fax a copy of the
prior owner's policy of title insurance to the above address or fax number prior to closing, although we
will accept the prior policy up to 5 working days after the closing date of your transaction.
FirstAmerican Title
�r
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs ur use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
o
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information.
When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50 -PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
Attachment #7
BINDING DEVELOPMENT PLAN
THIS BINDING DEVELOPMENT PLAN (the "Agreement'), entered into this 14th
day of January, 2015, between the CAPE SHORES ASSOCIATION, INC., a Florida not-
for-profit Florida corporation ("CAPE SHORES"); B&B ENTERPRISES OF CAPE
CANAVERAL, LLC, a Florida limited liability company ("B&B") and CUMBERLAND
FARMS, INC., a Delaware corporation ("CF").
RECITALS
WHEREAS, B&B is the Owner of certain real property running from Highway A1A
to the Banana River, the legal description of which is attached hereto as Exhibit "A"; and
WHEREAS CF has entered into a contract to purchase the real property set forth
in Exhibit "B" ("Property") attached hereto from B&B which Property is a portion of the
real property described in Exhibit "A;" and
WHEREAS, CAPE SHORES was created pursuant to the Declaration of
Condominium for CAPE SHORES, which Declaration is recorded in OR Book 1215, at
Page 156, et seq., of the Public Records of Brevard County as amended, and is
charged with the duties of representing the interests of the Condominium Owners in the
twenty condominiums contained therein, all as set forth under the respective
Declarations of Condominium for Cape Shores Apartment Building One, a
Condominium, through Cape Shores Apartment Building Twenty, a Condominium as
well as the Articles and Bylaws of CAPE SHORES; and
1
WHEREAS, CF is desirous of developing a convenience store with gasoline
stations on the Property, all as set forth in that special exception application which has
been filed with the City of Cape Canaveral; and
WHEREAS, CF has filed a Site Plan showing the proposed development by CF
on the Property, which is attached hereto as Exhibit "C;" and
WHEREAS, CAPE SHORES, has expressed concerns that the proposed
development by CF will negatively impact the Cape Shores Condominium, which
allegations B&B and CF deny; and
WHEREAS, the parties have agreed to certain conditions set forth herein to be
included within any approval of the pending Special Exception application; and
WHEREAS, CF has filed an application with the City of Cape Canaveral ("City")
for removal of certain Specimen Trees, all as shown on the Tree Disposition Plan which
is attached as Exhibit "D," and which request CAPE SHORES is not in opposition to;
and
WHEREAS, the parties agree that subject to approval by City that the terms and
conditions agreed to herein shall become part of any Ordinance or Order approving the
Special Exception entered by the City, shall be binding upon the parties hereto and their
successors and assigns, and shall thereafter be subject to enforcement by the City
pursuant to its Code of Ordinances; and
WHEREAS, CAPE SHORES, subject to the terms and conditions contained
herein, agrees not to oppose CF's development of the Property, including CF's
development approval process with the City.
NOW THEREFORE, the parties agree as follows:
2
1. The above recitals are hereby incorporated and made a part of this
Agreement.
2. B&B as an inducement to CAPE SHORES supporting the request for a
Special Exception and removal of Specimen Trees agrees that upon approval of both
requests and closing on the Property by CF to do the following:
A. B&B for themselves, their successors and assigns consents
to the installation by CAPE SHORES of a gated
entranceway on Cape Shores Circle for the exclusive use of
the members of the Association, unit owners, residents,
guests, and invitees in the Cape Shores Condominiums.
The entranceway shall be located where the North-South
line of eastern boundary of the Cape Shores Condominium
Property intersects with Cape Shores Circle, shall be
constructed in compliance with all applicable laws and
ordinances of the City and shall be maintained by the
Association.
B. B&B for themselves, their successors, and assigns consents
to CAPE SHORES placing, at its expense, a six foot (6)
chain link fence on the entire southern boundary line of the
Cape Shores Condominium Property from the Banana River
to the gated entranceway to be installed as described above,
and acknowledge that B&B will not have any access, ingress
or egress to CAPE SHORES' Condominium Property. The
3
fence shall be installed in compliance with all applicable laws
and ordinances, and shall be maintained by the association.
3. CF as an inducement to CAPE SHORES supporting the request for a
Special Exception and removal of Specimen Trees agrees that upon approval of both
requests and closing on the Property by CF to do the following:
A. CF for themselves, their successors and assigns consents to
the installation by CAPE SHORES of a gated entranceway
on Cape Shores Circle for the exclusive use of the members
of the Association, unit owners, residents, guests, and
invitees in the Cape Shores Condominiums. The
entranceway which shall be located where the North-South
line of eastern boundary of the Cape Shores Condominium
Property intersects with Cape Shores Circle, shall be
constructed in compliance with all applicable laws and
ordinances and shall be maintained by the Association.
B. CF for themselves, their successors, and assigns consents
to CAPE SHORES placing, at its expense, a six foot (6')
chain link fence on the entire southern boundary line of the
Cape Shores Condominium Property from the Banana River
to the gated entranceway to be installed as described above,
and acknowledge that CF will not have any access, ingress
or egress to CAPE SHORES' Property from Cape Shores
Circle. The fence shall be installed in compliance with all
4
applicable laws and ordinances, and shall be maintained by
the association.
4. CF in the development of the Property agrees to the following:
A. The most westerly boundary line of the building developed
on the Property as depicted in the Site Plan must be located
eastward of Cape Shores Condominium Property's eastern
most boundary line as it abuts the Property.
B. The two (2) Specimen Trees located within the retention
area and the three (3) Specimen Trees located on the
eastern boundary line as shown in the color green on the
Tree Disposition Plan (Exhibit "D" attached) shall not be
removed during or after development of the Property.
C. Any outside seating and/or dining area must be located on
the southerly portion of the Property substantially as shown
on the Site Plan.
D. All outside lighting shall contain appropriate shielding and
direct light away from the North side of the Property.
E. Any air and vacuum equipment located on the Property shall
be on the South side of the building substantially as shown
on the Site Plan.
F. Hours of operation for the convenient store and gas stations
shall be from 5:00 A.M. to midnight.
61
5. CAPE SHORES shall have until January 27, 2015 to determine whether or
not all necessary permits will be issued by the City and relevant agencies and
departments for the fencing on the southern boundary and the gating of Cape Shores
Circle at the easterly portion of its property, each as set forth above, and in the event
that after diligently pursuing the permitting reasonably determines that either the fencing
or the gating will not be authorized by the City may within ten (10) days thereafter by
written notice to B&B and CF terminate the Agreement and no longer be bound by the
terms and conditions contained herein. However, and notwithstanding the foregoing,
CAPE SHORES shall be entitled to extend the January 27, 2015 date deadline until
Monday, February 16, 2015, provided that CAPE SHORES has diligently and in good
faith pursued such confirmation but cannot yet reasonably determine that the City or all
relevant agencies and departments will authorize the fencing or gating. CAPE SHORES
shall act in good faith in attempting to determine whether the necessary permits will be
issued by the City, and as part of said good faith, shall be obligated to execute
reasonably necessary documentation as require by the City in the granting of permits
for the gate and otherwise cooperate as reasonably required by the City in determining
whether or not a building permit may be issued. B&B and CF agree to execute any
consents or other documents reasonably required by the City in order to approve and
issue the permits.
6. If for any reason, the contract for the purchase of the Property between
B&B and CF does not close by 5:00 p.m. on May 17, 2015, then B&B shall have the
right to terminate this Binding Development Agreement and as such this Agreement
shall be deemed void, and none of B&B's rights that existed prior to entering into this
0
Agreement shall be deemed to have been forfeited or expired in anyway; or B&B may
agree to extend this Agreement for up to an additional sixty (60) days and then
terminate the Agreement pursuant to this paragraph if sale of the Property to CF has not
been completed within that additional sixty (60) days. If necessary, B&B and CF agree
to consent to any renewal of a permit which may have been obtained by CAPE
SHORES which has expired or which may expire during any extension period.
7. The parties hereto, including CAPE SHORES, B&B and CF hereby
expressly agree and acknowledge that in the event that this Agreement is terminated as
permitted hereunder, whether by CAPE SHORES, B&B or CF, then any Special
Exception approval and Specimen Tree Removal approvals shall no longer be valid,
and to the extent that the City requires any formal written documentation for the
cancellation of approvals given, then B&B and CF shall file any and all documents
needed to rescind any such approvals without prejudice to B&B or CF re -filing its
applications for Special Exception and Tree Removal.
8. CF agrees that until it closes on the Property and title transferred to CF
that notwithstanding any approvals that it may have received from the City that it shall
not be able to begin construction on the Property or removal of any Specimen Trees.
The date on which title is transferred to CF by the recording of a deed of conveyance
from B&B to CF is referred to hereafter as Closing Date. Upon the Closing Date, CAPE
SHORES shall be entitled to commence construction and installation of the fence and
the gated entranceway as set forth above.
9. B&B shall be entitled to build a six foot (6') stucco wall on all or any
portion of its northern Property line adjacent to but not in lieu of the six foot (6') chain
7
link fence being built by CAPE SHORES. CAPE SHORES shall be entitled to build the
chain link fence as and when provided for within this Agreement regardless of whether
B&B elects to construct the stucco wall on its own property. Nothing contained herein
shall however require B&B to build the wall.
10. The parties consent to the restrictions set forth in Paragraph 4 herein
being included within the ordinance or orders of approval given by the City in connection
with the Special Exception and Specimen Tree Removal request, and to the extent that
they are included, enforcement of the restrictions shall be that of the City subject to the
City's Charter and Code.
11. The parties hereto shall execute any and all further assurances,
documents, or other writings reasonably requested by the other party to carry out the
terms and provisions of this Agreement, and shall reasonably cooperate with one
another in good faith in effecting the purposes of this Agreement.
12. This Agreement contains the entire agreement and understanding
between the parties hereto in respect to the subject matter hereof. There are no
representations, agreements, arrangements or understandings, oral or written, between
or among the parties hereto relating to the subject matter of this Agreement which are
not fully expressed herein.
13. This Agreement may be executed in any number of counterparts, each of
which shall be an original, and all of which together shall constitute one (1) and the
same instrument. A facsimile copy of this Agreement and any signature thereon shall
be considered an original for all purposes.
DI
14. This Agreement shall be construed in its entirety according to its plain
meaning and shall not be construed against the party who provided or drafted it. Venue
for any litigation arising hereunder shall be in Brevard County, Florida. The prevailing
party in any such litigation shall be entitled to recover its costs and reasonable
attorney's fees. This Agreement shall not be assigned or modified except by written
agreement signed by all parties hereto.
15. The effective date of this Contract (sometimes referred to as the Effective
Date, the date of this Agreement or the "date hereof') shall be the date on which the last
party hereto executes this Agreement.
16. This Agreement is contingent upon approval and acceptance by the City
and its respective departments and agencies.
IN WITNESS THEREOF, the parties hereto have caused these present to be
signed all as of the date and year first written above.
WITNESSES:
V M ) X a Gd _L�s ULX-J
(Witness Name typed or printed)
r/v L C,
(Witness Name typed or pr' ted)
CAPE SHORES ASSOCIATION, INC.
Print Name,
Date: / Ji
Attest:
20%
N.
1/ By i�� �,-�,,�.-Secretary
Print ame: /� t, ✓�
Date: /-- 7 2 i
WITNESSES:
(Witness Name typed or printed)
(Witness Name typed or printed)
WITNESSES:
(Witness Name typed or printed)
(Witness Name typed or printed)
B&B ENTERPRISES OF CAPE
CANAVERAL, LLC
Print Name:
Print Title: M�-
Date:
CUMBERLAND FARMS, INC.
Print Name:
Print Title:
Date:
10
WITNESSES:
(Witness Name typed or printed)
(Witness Name typed or printed)
WITNESSES:
(Witness Name typed or printed)
(Witness Name typed or printed)
B&B ENTERPRISES OF CAPE
CANAVERAL, LLC
Print Name:
Print Title:
Date:
CUMBERLAND FARMS, INC.
Print Name:)YY-;eK L j,,Se•i !
Print Title: i ffii ���Qc�nnlrl
Date -1 U-1 S
10
OR SK 6740 PG 408
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EXHIBIT A
11
A portion of Sections 23 and 26, Township 24 South, Range 87 East, City of Cape Canaveral,
Brevard County. Florida, ulna mora particularly desw&d as follows;
Commence at southwest comer of said Section 23, thence N.00c4iSO W., along the West line
of said Section 23, a distance of 40.00 lest to the North One of that parcel described In dead
recorded in 0flicialReoords Book 6191, Page 2283 of the public records of Brevard County,
Flarlde; thence N.89'1r40°E., along said North line and parallel with the South One of said
Section 23, a distance of 410.02 feet to the Paint of Beginning of the herein deeaihed parcel;
Omoo continue N.89'1r4M, along sold lino, a dbtence of 312.72 feet to the West right of
way line of North Atentk Avenue (S.R. A•i,A); thence SW3r64"E„ along said West tight of
way line, a distance of 194.93 feet to the NoAheast corner of that parcel deeor bed in Offidal .
Raoorde Book 7084, Page 2127 of said public records; thence S.89o22 S W., along the North
line of lest referenced parcel, a dietanos of 31628 foot to the Northwest corner thereat, thence
N.00'6969S, a distance of 194.60 feet to the Point of Beginning, contashing 1.41 acne, more
or lose.
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Attachment #8
PLANNING & ZONING BOARD
MEETING MINUTES
January 28, 2015
A Meeting of the Planning & Zoning Board was held on January 28, 2015, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:05 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price
Lamar Russell
Craig Kittleson
Harry Pearson
MEMBERS ABSENT
Dr. John Fredrickson
Ronald Friedman
Mike Moulton
OTHERS PRESENT
Chairperson
Vice Chairperson
Kimberly Kopp Assistant City Attorney
Todd Morley Economic Development Director
David Dickey Community Development Director
Patsy Huffman Board Secretary
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
1. Approval of Meeting Minutes - October 8, 2014.
Moved by Mr. Pearson, seconded by Mr. Kittleson to approve the Meeting Minutes of
October 8, 2014, with the year corrected. Vote on the motion carried unanimously.
2. Quasi -Judicial and/or Public Hearing: Quasi -Judicial and/or Public Hearing:
Consideration and Recommendation to Board of Adjustment Re: Special
Exception No. 15-01 to authorize an automotive service station in the C-1
Zoning District, per City Code of Ordinances, Section 110-334 (c)(3), Special
Exceptions perrnissibie by the Board of Adjustment — Atkins North America,
Inc. — Applicant - (6455 N. Atlantic Avenue).
Planning & Zoning Board
Meeting Minutes k
January 28, 2015
Attorney Ko swore in all participants speaking at the meeting.
Assistant City y pp p P ..;
Mr. Dickey thanked audience members for attending the meeting.
He presented Staffs report/photos showing the site and surrounding areas. Mr. Dickey
indicated the audience would be seeing everything the Board Members have seen and spoke
of "full disclosure."
He stated the proposed development consists of a 4,673 square foot, retail convenience store
that includes seven fueling islands (fourteen fueling pumps) under a detached canopy. The
project includes twenty-six parking spaces including one handicap space. A 5 -foot wide,
concrete sidewalk is proposed along So. Cape Shores Drive. Mr. Dickey noted: the area that
jogs out slightly to the south is to save a large tree located on the site; a 6 -foot masonry wall is
proposed along the northern portion of the stormwater pond as part of the required buffer with
adjacent residential uses; the proposed building is located on a 1.41 acre parcel, which has
frontage on N. Atlantic Avenue and So. Cape Shores Drive; the criteria for Sections 110-39
(c) and 110-334(c)(3) of the City's Code was explained. The subject property is zoned C1.
Mr. Dickey indicated Section 110-39(c)(1) requires all special exception requests demonstrate
that the proposed project's traffic -generating characteristics will not adversely impact land use
activities in the immediate area. 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. Mr. Dickey explained if the
level of service drops below a level E for the road, the City can place a Moratorium on
development until the level of service is corrected. A traffic study has been performed. Mr.
Dickey explained that an additional 92 trips would be added to the existing number of 2,509
Peak Hour trips. With these additional trips added, the level of service will remain at a level
C.
Mr. Dickey read the seven provisions between the Cape Shores Association Board. the
property owner (B&B Enterprises), and the developer, Cumberland Farms.
Additional City approvals are needed to construct the proposed development. These include:
site plan approval, which will require a public hearing before the Planning & Zoning Board;
notification of owners, within 500 feet of property, by mail when the hearing is scheduled; a
Tree Removal Permit, which will require a public hearing before the City Council. Mr.
Dickey stated a date has not been set for this public hearing. Additionally, there will be an
administrative concurrency review which evaluates a project's effect on traffic, water & sewer
services, etc., and an administrative Site Development Permit, which deals with issues
pertaining to erosion control and sedimentation.
Mr. Dickey stated that Staff recommends approval of Special Exception No. 2015-01 to the
Board of Adjustment subject to the following conditions:
1. Prior to any development activity on-site, the applicant will cause an assessment to
be conducted, consistent with applicable rules, to determine the existence of any
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Planning & Zoning Board
Meeting Minutes
January 28, 2015
Ell
historical/cultural resources on the proposed development site. Should the
assessment determine the existence of said resources, a mitigation/remediation
plan, consistent with applicable rules, shall be completed prior to the issuance of a
Building Permit.
2. Hours of operation shall be limited to opening no earlier than 5:00 a.m. and closing
no later than 12:00 a.m., seven days a week.
3. Any outside seating and/or dining areas shall be located on the southern side of the
main structure as shown on the attached site plan.
4. All outside lighting shall contain appropriate shielding and direct light away from
the north side of the property.
5. Any air and/or vacuum equipment located on the property shall be on the south
side of the main structure as shown on the attached site plan.
Additional comment #6 was added by Assistant City Attorney Kim Kopp and Mr.
Dickey
6. As a condition of approval of Special Exception 2015-01, a Lot Split Application
for the proposed 1.41 acre tract will be submitted and considered by the City as set
forth in Chapter 98 of the City Code. Failure to obtain approval by the City of
such lot split, pursuant to Chapter 98, shall render this special exception null and
void.
Discussion ensued and included: attachments included in the Agenda Packet and what they
represented; the overlay and placement of the building; how the applicant needs to meet the
requirements; how the project is in compliance with the standards of the Code; how issues
pertaining to compliance regarding vehicle parking, maintenance of the property, etc., will be
addressed by Code Enforcement if necessary; the Binding Development Plan has been added
to the packet for informational purposes only; the black bar on the Cape Shores exit shown on
the site plan is a stop bar where traffic must stop; when an individual wants to create a new
parcel by splitting the property, an application for a lot split must be submitted to Community
Development; the photos showing the part of the property in question; explanation of the
individual lots were explained by property owner Bob Baugher.
Mr. Russell referenced a letter that was being entered into record by Attorney Kimberly
Bonder Rezanka. Attorney Kopp mentioned that the letter had not been presented to the
applicant or to the property owner, prior to the meeting, due to the fact that the letter was
received late on the day of the Board meeting. Mr. Dickey read the letter dated January 28,
2015, and indicated that nothing contained in the letter has caused any concern not to proceed
with this application.
Discussion ensued and included: cross -access easement and how Mr. Dickey encouraged the
applicant to consider them to allow parcels to be connected and keep traffic off of AlA; this
issue is not a Code requirement, but something that is beyond the requirements set forth in the
Code; this issue will be addressed at site plan approval if the process continues to that point;
the site plan being discussed is for informational purposes only, meaning not binding on the
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Planning & Zoning Board
Meeting Minutes
January 28, 2015
applicant or the City, but that some of conditions for the special exception use pertained to the
site plan and needed to be considered at this meeting; how the only buffer required was being
met by a 6 -foot masonry wall which is above the requirements of the Code; how the area to
the west of the property is zoned R2 medium density and to the south is zoned commercial.
Mr. Russell expressed concerns regarding the Agreement and wanted to make sure it was not
binding to the City in any way. Attorney Kopp stated the Agreement was between the parties.
Mr. Russell commended Staff on one of the best Agenda Packets he has seen.
At 7:05 p.m. Mr. Price called for a 5 minute break and called the meeting back in session at
7:10 p.m.
Attorney Nohrr, attorney for the applicant (Cumberland Farms), commended Staff on a
complete presentation. The applicant is obligated to meet all the rules and regulations during
this process and that the plan is to meet the requirements and in some cases, exceed them. He
asked that the audience look at this project according to the "rules and regulations," and what
is needed to meet the standards of the City and the State. Attorney Nohrr stated that there are
additional processes that have to be considered after this meeting and that the details will be
addressed during different stages of the process. Technical reports will be done when required
by Staff and the standards will be met. The letter from Attorney Rezanka was mentioned and
the need to be given more time to have seen the letter prior to the meeting. He will try to
address some of the issues mentioned in the letter considering the short time he had to prepare
his responses. He was in agreement with Staff that nothing in the letter will stop the process.
The lot split comment in the letter will not be an issue. He wished it could have been
addressed beforehand and taken off the table. Attorney Nohrr mentioned that the Fire
Marshall has concerns about a house on Mr. Baugher's property and access to the property
etc. It will be resolved by Mr. Baugher.
Jeff Lucas of Atkins North America and a licensed Professional Engineer presented additional
exhibits. The documents meet or exceed the City's requirements for this part of the planning
process. A survey of the property showing an abandoned building, an abandoned building slab
and an existing residence, all to be removed as part of this project. The site plan showed two
entrances. Cumberland Farms will be adding direct access to AIA. An easel was brought
before the Board with exhibits regarding the buffer, which will be a 6 -foot masonry wall on
the North side behind the building. Additional trees have been added in addition to what is
required. Additional shrubs along A I A are added to fill in the gaps along the landscape berm
in addition to what is required.
Discussion ensued and included: a 20 -foot buffer along the eastern border of the property; this
requirement has not only been met, but exceeded; the "gray area" on the exhibit is shrubs in
conjunction to the trees; some of the trees are specimen trees; blue arrows on the photo
represented the view from Cape Shores to the project site (mid vantage point); the distance of
the closest Cape Shores building to the canopy of the gasoline pump stations is 187 feet; the
distance from the Cape Shores building to the side of the Cumberland Farms convenience
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Planning & Zoning Board
Meeting Minutes
January 28, 2015
store is 102 feet; the internal circulation of traffic for both ingress and egress was reviewed;
the conclusion is the site has adequate capacity for access and exit points off the A 1 A entrance
and included the fuel trucks; Cape Shores Drive would not be utilized by the fuel trucks for
delivery of fuel.
Scott Zornek of Atkins North America has a BS in Civil Engineering. He was asked to
develop the Trip Generation associated with the Cumberland Farms site, this evaluates the
number of vehicles the site would generate for both daily AM & PM Peak Hours, as well as
distribute those trips along the surrounding roadway network and the site itself; Trip
Generation is determined by using the Institute of Transportation Engineers Trip Generation
Manual, 91h Addition, the most current addition; FDOT counts that are available helped
determine traffic counts along AIA; information from the Space Coast TPL was also
considered. The standard methodology already approved by FDOT and the City for the Dollar
General (to the south of the site) was followed. Mr. Zomek detailed how the report is
prepared. There are no adverse effects for the residents of Cape Shores as far as traffic on
Cape Shores Drive Mr. Baugher explained that two different property owners maintained this
road and will continue to do so. Attorney Nohrr stated that no City funds go into the
maintenance of the road.
Mr. Kabboord was called to give his opinion as a licensed real estate broker for 20 years. He
is a Trustee for one of the units at Cape Shores. He is the original broker that represented
B&B and will make a commission on the selling of property to Cumberland Fanns. He felt
that adding this project will not affect the value of the Cape Shores properties.
Mr. Baugher addressed concerns Ile is working on with the Fire Marshall about distance
between the fire hydrants and adding another fire hydrant. Cape Shores is requesting
permission to add a 6 -foot chain-link fence on the South boundary line. This would impede
access by the Fire Dept.
Attorney Nohrr closed his presentation with the fact that all the activity for this project has
been moved to the south of the project to meet the requests of the Cape Shores residents. This
project is a retail project in a retail zone. The building on this property is an allowed use under
the zone classification. The reason for a special exception is due to the fuel pumps. Attorney
Nohrr discussed a letter from Web Engineering Associates that outlined environmental
protection measures that this project will be required to meet.
At 8:10 p.m. Mr. Price called for a 5 minute break. At 8:17 p.m. Mr. Price called the meeting
back in session, opened the Public Hearing, and reminded the audience/speakers of the time
limits.
SPEAKERS:
Ralph Brooks, attorney, representing Mr. Brogga, Max Forgey, Rebecca Rowe, Bob, Eva
Arante, Lorraine Stitt, Eric Braga, Steve Dclasitmutt, Riz Rahman, Shannon Roberts, Lila
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Planning & Zoning Board
Meeting Minutes
January 28, 2015
Gilbert, Charles Laun and Julie Braga spoke against this project. Bob Baugher spoke in favor
of this project.
Joyce Hamilton indicated that issues have been eloquently addressed.
Ray Osborne — Did not state whether he was for or against this project, but did ask about the
environmental impacts from this project.
Mr. Price thanked all the speakers for their thoughts and suggestions.
Mr. Price called Attorney Nohrr to the podium for closing comments. He reiterated all his key
points from his original presentation.
Mr. Kittleson thanked the applicant for a wonderful presentation.
Mr. Dickey gave last comments addressing the separation requirements to snake sure the
Board was clear on this issue. Mr. Kittleson asked how the parcels to the west of Cumberland
Farms property are accessed. These are currently being accessed from Cape Shore Dr.
Motion by Mr. Pearson to approve, seconded by Mr. Russell to recommend approval of
Special Exception No. 2015-01 to the Board of Adjustment with the conditions listed on page
3 of these Meeting Minutes. Vote on the motion as follows: Mr. Kittleson, Against; Mr.
Pearson, For; Mr. Russell, For; Mr. Price, For. Vote on the motion carried.
REPORTS AND OPEN DISCUSSION:
None.
ADJOURNMENT:
Motion by Mr. Lamar and seconded by Mr. Pearson to adjourn the meeting at 9:41 p.m.
Approved on this day of 12015.
John Price, Chairperson
Patsy Huffman, Secretary
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