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HomeMy WebLinkAboutBOA Add'l Items 2-26-15 Daryl Max ForgeyDaryl Max Forgey, AICP Forgey Planning Services 4637 Vincennes Blvd.; Ste. 1 Cape Coral, FL 33904 239.560.5864 Illax(t1)zollln(.,telicllnoloL.',ics.coin DATE: February 25, 2015 TO: Cape Canaveral Board of Adjustment CC: Dave Dickey, AICP; Planning Director Eric Braga, President; Concerned Citizens of Cape Canaveral Ralf Brookes, Esq.; Attorney FROM: Max Forgey, AICP; Forgey Planning Services ATTACHMENTS: (1) Comparison of Gas Stations In/Near Cape Canaveral; (2) Resume of Daryl Max Forgey AICP SUBJECT: SPECIAL EXCEPTION NO. 15-01 ATKINS NORTH AMERICA, INC. FOR PROPERTY LOCATED AT 6455 NORTH ATLANTIC BLVD, CITY OF CAPE CANAVERAL Purpose of this report. In this report, Max Forgey, AICP, on behalf of CONCERNED CITIZENS OF CAPE CANAVERAL, a 501(c)6 corporation, and Eric Braga, its President, respectfully recommend denial of the requested application to allow a special exception to operate an Automotive Service Station with 14 fuel pumps at 6455 North Atlantic Blvd., the intersection of Highway AIA and Cape Shores Drive, on grounds that this proposed use is inconsistent with the City of Cape Canaveral Comprehensive Plan and Land Development Regulations. Specifically, Cape Canaveral's Land Development Regulations prohibit service stations from locating within 2000 feet of another station per City Code §110- 334(c)(3)(q). The proposed station is less than 900 feet from the 7-11 located at 6770 North Atlantic Avenue and therefore does not qualify for a special exception. Further, 1. The Cape Canaveral Comprehensive Plan provides no guidance for land use decision- making beyond the now -expired planning horizon year 2010. 2. The staff and the Planning and Zoning Board of City of Cape Canaveral has not adequately considered the impact of the turnaround of tanker trucks on the narrow (two lane, 28 -foot width) right of way of Cape Shores Drive and its potential impact on public safety and traffic flow to and from the Cape Shores residential development. SPECIAL EXCEPTION NO. 15-01. The request before the Cape Canaveral Board of Adjustment at their meeting on Thursday February 26, 2015 is for a special exception to allow an Automotive Service Station on a +/-1.41 acre parcel, as regulated in Chapter 110 ("Zoning") of the City's Land Development Regulations. According to the City's un -paginated staff report, "the proposed building is located on a 1.41 acre parcel, which has frontage on N. Atlantic Boulevard and So. Cape Shores Drive" (6455 N. Atlantic Blvd.) The applicant, Atkins North America, Inc./ B&B Enterprises of Cape Canaveral, LLC, proposes a development consisting of a 4,673 square foot retail convenience store including seven fueling islands (14 fueling pumps) under a detached canopy. The property is zoned C-1 (Low Density Commercial District.) The Cape Canaveral Comprehensive Plan. The following policies of the City of Cape Canaveral Comprehensive Plan are applicable to this case: Future Land Use Element GOAL LU -1 The overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses. The City adopts a In long-term planning horizon of ten years, 2010. In my expert planning opinion, Sec. 163.3177(1), Florida Statutes, requires that the local government comprehensive plan "shall establish meaningful and predictable standards for the use and development of land." Since the "long term planning horizon" of the Cape Canaveral Comprehensive Plan expired five years ago, in 2010, the Cape Canaveral Comprehensive Plan is inconsistent with Sec. 163.3177(5)(x) which provides as follows: 5)(a) Each local government comprehensive plan must include at least two planning periods, one covering at least the first 5 -year period occurring after the plan's adoption and one covering at least a 10 -year period. Additional planning periods for specific components, elements, land use amendments, or projects shall be permissible and accepted as part of the planning process. The long-term planning horizon of the Cape Canaveral Comprehensive Plan has effectively expired and the plan provides no meaningful and predictable long- or short-term standards for the use and development of the subject property. The City's staff report provides insufficient competent and substantial evidence that this application, if approved as proposed, will ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land. Specifically, the staff report does not show that the intensive proposed land use, which would add 14 motor fuels pumps and tanker truck traffic, as well as noise and light pollution, will result in a proper relationship between commercial land uses and activities and their neighboring residential uses. Further, the proposed special exception is not consistent with the City of Cape Canaveral Comprehensive Plan because it will promote an improper relationship between commercial and residential lands because existing residents who access their residences via Cape Shores Drive will be subjected to heightened commercial activity, bright lights, and noise for nineteen hours a day. Their vehicular movement will be further impeded by the presence of tanker trucks servicing the property. The efficiency of land [use] will be exacerbated by this approval which is in violation of the City's own 2000 foot separation standard. 3 OBJECTIVE LU -1.1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. The measurement of this Objective is the coordination of land uses with the above parameters and the degree to which the following Policies are implemented: POLICY LU -1.1.3: The City shall require developers to provide for the following on-site infrastructure improvements for their projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. POLICY LU -1.1.4: The City shall apply its adopted level -of -service standards to a proposed development before allowing the development to take place. In my expert planning opinion, the proposed special exception is not consistent with Objective LU -1.1 and Policies LU -1.1.3 and LU -1.1.4 of the City of Cape Canaveral Comprehensive Plan because neither the staff report nor the Planning and Zoning Board offered any finding of fact concerning the measurement of Objective LU -1.1 in the form of the coordination of the required parameters. The City's staff report provides insufficient competent and substantial evidence that this application, if approved as proposed, will ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land. Specifically, the staff report does not show that the intensive proposed land use, which would add 14 motor fuels pumps and tanker truck traffic, as well as noise and light pollution, will result in a proper relationship between commercial land uses and activities and their neighboring residential uses. 0 Regarding Policy 1.1.3, the staff report does not indicate the extent to which drainage and stormwater management and open space will be provided by the applicant and provides insufficient competent and substantial evidence that safe and convenient traffic flow" will be provided by the applicant. Transportation Elenzent POLICY T-1.1.7 The City shall control access of driveways and roads to SR-AlA; techniques such as the following will be considered: limiting the issuance of access and connection permits to the minimum necessary to provide safe access; using shared access points; using frontage roads; or locating access points to parcels with frontage along two or more roadways on the roadway of lower functional classification. POLICY T-1.1.9 The City shall work with the FDOT in the protection and management of S.R.-AIA. Regarding Policies T-1.1.7 and T-1.1.9, City staff has not provided persuasive competent and substantial evidence to refute the evidence presented by Ms. Lila Gilbert at the January 27, 2015 meeting of the City of Cape Canaveral Planning and Zoning Board demonstrating that the length of fuel trucks (i.e. 74 feet) and the narrow width (28 feet) of the street providing access (Cape Shores Drive) which service automotive service centers such as the one proposed in this case will not impede traffic to and from the neighboring residential development. This development as proposed will impede access to AIA and promote the deterioration of the protection and management of A IA. City of Cape Canaveral Land Development Regulations. Sec. 110-1 "Definitions," contains these definitions which are relevant to this case: Service station means a building and premises where petroleum products are supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this chapter. Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses as may be permitted by the board of adjustment are identified for each zoning district as special exceptions. By declaring "Service station" a Special Exception Use, the City Council of the City of Cape Canaveral has indicated that this use is not appropriate at all times in all places, but requires a higher level of scrutiny than the permitted uses in this C-1 zoning category, and that the siting of such a use should specifically consider the factors of "number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare." Sec. 110-2 states the duties of the Board of Adjustment in this case: Sec. 110-2. - Board of adjustment. (a) A board of adjustment is established and shall consist of seven members. (b) The board of adjustment shall have the powers and duties to consider applications for special exceptions, variances, and administrative appeals under this chapter. ;'C)f'. Arra. 11-?0i� 7; �� 2, 5- -� 1;rc�. `1 0. 07- 200 %. 2-4-07; Ord. No, 13- 2011, j 6, The Cape Canaveral Board of Adjustment is specifically charged with considering (i.e. granting or denying) special exceptions, including this one. Sec. 110-311 (C-1 Low Density Commercial District) states the intent of this district and Sec. 110-32 states the permitted uses: 0 Sec. 110-331. - Intent; applicability. 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 neighborhoods, 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. The provisions of this division shall apply to all property designated as C-1 low density commercial on the city's official zoning map. Further, those properties zoned C-1 that are located within the boundaries of the A 1 A Economic Opportunity Overlay District, established pursuant to article X of this chapter, shall be subject to the guidelines and standards of that article. (Code 1981, § 637.45; Ord. No. 01-2007, § 3, 2-20-07; Ord. No. 11-2012, § 4, 7-17- 12) Sec. 110-332 ("Principal Uses and Structures") catalogues the allowable uses in the C-1 zone, including "(a) Retail Stores, sales and display rooms." Recommended findings: Four important findings may be made from Secs. 110-331 and 110-332: (1) It is the clear intent of the Cape Canaveral City Council in adopting Secs. 110-331 and 110-332 of the Land Development Regulations that "[t]he types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist." While AIA is a Federal highway with a high volume of traffic, the intent of this zoning category is principally to serve the 7 needs of the residential neighborhood. This application, if approved, will not lead to an appreciable improvement in service to the commercial needs of motorists who are already abundantly well served by existing facilities. (2) The Cape Canaveral City Council, in delegating the authority to grant special exceptions to the Board of Adjustment, charged that body with evaluating the proposed development according to criteria articulated in Sec. 110-1, i.e. "number, area, location or relation to the neighborhood, [and whether the proposed development] would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare." The Board of Adjustment is authorized to regulate siting based upon "[1]ot size and other restrictions" and may take the number of nearby service stations into consideration. This application, if approved as proposed, would be the eighth service station located within City limits—roughly one per 1239 population, and 3.5 stations per square mile. By contrast, the City of Cape Coral on Florida's west coast, has 40 service stations for a population of 154,305 on a land mass of 110 square miles. Cape Canaveral, when compared with other communities, has a superabundance of service stations and will not benefit from more. The Board of Adjustments is also charged with considering "location or relation to the neighborhood." In this case, the adjacent neighborhood will clearly be inconvenienced by the automobile and fuel truck traffic that will be brought nearly to the entrance to their residential development. (3) The Board of Adjustment, in approving or denying this application, is charged with minimizing traffic along the AIA corridor. This development will in no way minimize traffic. (4) The principal use of "Retail store" is authorized by the Cape Canaveral Land Development Regulations. The applicant therefore has a well-established land use entitlement on this property. Sec. 110-334 ("Special exceptions permissible by board of adjustment") catalogues the types of land uses which the Board of Adjustment may authorize and the conditions under which they may be granted: (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: (3) Automotive service stations, subject to the following: All setbacks shall be no less than 25 feet from any portion of the building, including pump island. 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. C. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493 C. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of section 110-566, shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system 9 components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials, restroom facilities. 8. Truck and trailer rentals. 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. i. 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. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. in. 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. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to section 110-566 q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. 10 Recommended finding: The Board of Adjustment finds that this application does not satisfy the requirements of Sec. 110-334(c)(3) q and is denied outright for that reason. The Board of Adjustment has no discretionary authority to approve this application as proposed. Specifically, the proposed station is less than 900 feet from the 7-11 located at 6770 North Atlantic Avenue. Sec. 110-39, which is excerpted below, sets forth the procedure for granting special exceptions in the City of Cape Canaveral: See. 110-39. - Procedure. (a) The planning and zoning board shall be required to review all special exception applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable special exception criteria set forth in this section. (b) Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. ** (c) All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the special exception, including its proposed scale and intensity, traffic -generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. (2) Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the special exception requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed special exception. (3) Whether the proposed special exception will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. 11 (4) Whether the proposed special exception will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) Whether the proposed special exception will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (01d. INTO. 11 00j, § 2, 6-21-05" Recommended findings: The Board of Adjustment, based upon competent and substantial testimony from expert witnesses and testimony from neighboring property owners and other knowledgeable persons familiar with the subject property and its environs, finds that the proposed scale and intensity, traffic -generating characteristics, and offsite impacts of the application, as proposed, is incompatible and inharmonious with adjacent land uses, and will adversely impact land use activities in the immediate vicinity as articulated in Sec. 110-39(c)l. 2. The Board of Adjustment, based upon competent and substantial testimony from expert witnesses and testimony from neighboring property owners and other knowledgeable persons familiar with the subject property and its environs, finds that the proposed development, if approved, would impose an adverse impact on the natural environment, and specifically would result in the destruction of a stand of marine hammock habitat. 12 s a 0. tD (p 00 V a% n a v o n O O w C n n oc O ; m v n "j r, p, V- n o+ v ri V n V m v� N N 5 n v n n Co n n 0D n 00 �, Y Y c p - r0 S rD 7 m v n 'D O V m O S" (D rD (D Or V 'o O n — N O Or O n (D A'0 rD O 0! �-+ O r Oa 00 of O a oo n Q ,Y N R 1 < n Z< n Z d 7C n K ? p Gl ? N D A t0 A D A N Y A a — a w j �. 7 7 a a D rOr D 2 D) ai D 0i D rip w d K 0) �n 7 a D/ W 1 d "' ^ K ,Dy, d re o r<o m? p ? . d V 6 m rn 5? o0i 3 w< nOi n C Y n S .-r 9 d ,<y 0 7 ,<D tD 1 O — n' -_ n S D L, .- .moi d - d ^. _ n N K S y ,Cy d 7- N rCr — O Ip n d 3 °..r' r< r< r< D 'n y r �, �' „ O c„ r W M - v n Y6� n ID a m'. !o < O 0 < < (D r^ < acs < O o.1 < a3 c r0 0 w v, n, o M c A a 7 v fo O Y a a — N 8 cn N r-+ Ln O 1-- co O 0 U7 00 W S W S O Vt p oq W CQ N o r a 1Nj vim'+ o o OD "' tA D o 3 g n vim+ eD c xCL oCLg s cr aoo a d o nc o m o °J 00 �-0 3 v 3 O .�.r _ e M rD 00 A rD DO 07 n C >Y j S= N O y rD O O O y pr 7nC 7 N 7 N m � N W N N A A W W N fa N Nr H V 7 O 0o N a N A A A O G1 A N A IA p �' G1 10� r N N Q Ip C IA L7 A Oo �nri y 3 V�1 N N N ru N N N N N rD l N ,v 3 � d W 3 N W N A W W A W N r 3 ' n <{ "< { (D rD N fD rp 0 m < m �D rD rD Vi N fn 7 v► O 0 0 Z p Z O O Z O Z O 07 NOZ O 00 � O O 60 00 pp pp m Oo A W v a N O un y 01 fy9 w a O V r r N A V v C CD r.r r w -4 tT LMO�q .00 a, V 00 Q1 O ATTACHMENT 2 Resume of Max Forgey (Daryl) Max Forgey, AICP 4637 Vincennes Blvd Ste. 1 Cape Coral, FL 33904 239.560.5864 max(c zoningtehchnologies.com AICP (American Institute of Certified Planners) Certified Planner since 1993 Current Positions: FORGEY PLANNING SERVICES—Cape Coral, Florida Sole proprietor November 2008 -present Specialties: • Comprehensive planning • Expert witness in land use cases • Land development code preparation • Service station siting standards • Local government fee studies Clients and Projects: • Captiva Community Panel—revisions to community plan • Sarasota County Comprehensive Plan audit (subcontract with Spikowski Planning) • East Lee County (Florida) Council—revisions to community plan • Kathy Simms of Polk County in Simms v. Polk • Presbyterian Homes Foundation of Florida, Inc. • Neighborhood group in Cape Coral Florida opposing deviation for second canvas boat dock canopy on nearby lot • Stop Race Trac Committee Collier County • Nature Coast Action Team in Hernando County opposing off -water marina • Neighborhood group in opposition to proposed heavy industrial development along two-lane highway in Hardee County • ALERTS of PBC, Inc. in opposition to a proposed 3700 -acre, 6500 dwelling unit development in a rural portion of Palm Beach County. • Concerned Citizens for Cape Canaveral Qualifications: • Qualified as expert witness in Polk County Circuit Court • Registered lobbyist in Palm Beach County Max Forgey Page 1 2/25/2015 ZONING TECHNOLOGIES, Inc.—Cape Coral, Florida http://zoningtechnologies.com President October 2011 -present A start-up land use consulting practice that specializes in restructuring and updating local government comprehensive plans and developing implementation strategies which employ automation to create linked tools (e.g. application forms, automated worksheets, case reports, and adopting resolutions). The Zoning Technologies expert system prototype products are being marketed statewide and were demonstrated at the American Planning Association (APA) national conference in Atlanta in April 2014. Experience: OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS April 20, 2005 to December 31, 2008. Planning Coordinator Key Achievements: • Wrote key elements of the County's Comprehensive Plan • Settlement agreement negotiations with State of Florida • Wrote the 2008 Evaluation and Appraisal Report • Liaison to the Urban Land Institute's January 2006 study of economic development in Osceola County CLAY COUNTY BOARD OF COUNTY COMMISSIONERS October 2003 to March 2005 Senior Planner LAKE COUNTY BOARD OF COUNTY COMMISSIONERS March 2001 to September 2003 Central Florida community with a population of 246, 000. Senior Planner – September 2002 -September 2003 Planning Director – May 2001 -September 2002 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Planner (March 1997 to June 1998) • Reviewed local government plan amendments • Wrote "The Platted Lands Challenge" Report CHARLOTTE COUNTY BOARD OF COUNTY COMMISSIONERS A fast-growing community with a population of 130,000 on Florida's Gulf Coast. Community Development Director – June 1995 to March 1997 Planning Director – January 1990 to June 1995 CITY OF CAPE CORAL – Cape Coral, Florida Southwest Florida's most populous city (45, 000 in 1985; 170, 000 today.) January 1985 to January 1990. Acting Deputy Planning Director; Planner; Senior Planner Max Forgey Page 2 2/25/2015 Wrote several elements of the City's comprehensive plan and land development regulations. Education Florida Gulf Coast University—Estero Florida—Fifteen credit hours of English 2009-11. (3.85 GPA). Worked at the University's Writing Center, helping undergraduate students with essays and technical writing assignments. Indiana University School of Public & Environmental Affairs – Bloomington, Indiana Master of Public Affairs (MPA) with concentration in Urban and Regional Planning 1982. Indiana University College of Arts & Sciences — Bloomington, Indiana Bachelor of Arts (BA) 1976. AICP (American Institute of Certified Planners) Certified Planner APA (American Planning Association); APA Florida Professional planner for the Captiva and Caloosahatchee Shores Community Planning Panels in Lee County. • Coordinator and presenter for daylong FAPA-sponsored symposium "Everything You Ever Wanted to Know about Florida Land Use" in Cape Coral May 16, 2014 • Speaker/presenter at APA national conference in Atlanta ("How to Automate the Local Government Decision-making Process") April 2014. Speaker/presenter at FAPA state conference, Florida Chamber of Commerce Growth Management Short Course, and other events. Presented "A Pre-tirement Guide for Professional Planners' at FAPA Orlando conference September 2013. • Presented "The History of Growth Management in Florida" at FAPA Naples conference September 13, 2012. Steering committee of Reconnecting Lee County, an advocacy group supporting transit oriented design and new urbanist principles in Southwest Florida. Moderated symposium on platted lands solutions in Cape Coral, Florida October 14, 2011, jointly sponsored by APA Florida, Reconnecting Lee, and Lee County Department of Community Development. Articles regarding planning have been published in Planning and Florida Planning, Max Forney .,. f t/� f Pale 3 2/25/2015 r-