DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING July 19, 2017 Agenda Item C.5 REQUEST: Request for a special exception to allow operation of outdoor amusement rides, per the requirements of Cocoa Beach Land Development Code Section 2-11.E CASE NOS: 17-3000628-01 DATE OF BRIEFING: July 13, 2017 Applicant: Location: Zoning: Land Use: Area: Background: Rick Lohr, Agent for Cocoa Beach Pier 401 Meade Avenue CG General Commercial General Commercial 3.54 acres This request, if granted, would allow outdoor amusement rides to be located at the Cocoa Beach Pier at 401 Meade Avenue, which is in the CG General Commercial zoning district. There are no specific city codes to address the inclusion of amusement rides within an outdoor recreation facility, but the Cocoa Beach Land Development Code Section 2-11.E.8 provides that a use that is not prohibited is subject to consideration of approval of a special exception. Amusement rides are not listed as a prohibited use. The proposal is to place three family rides within a pedestrian paved area on the east side of the parking lot. The tallest of the rides is approximately 29 feet and the largest footprint has a diameter of about 45 feet. Each ride is portable, requires about two hours for set up or breakdown, and will be removed during storm conditions. A diagram and detail sheet for each ride is provided within the attachments. Clarification of the Board s considerations for approval of a special exception request is provided below, and the attachments provide greater details. Attachments: Attachment A Site Aerial Attachment B Application Attachment C Proposed Ride Location on Site Attachment D Tornado Ride Image and Details Attachment E Carousel Ride Image and Details Attachment F Drop & Twist Ride Image and Details Attachment G Photo Attachment H LDC Referenced Section
Approval Considerations: The city s LDC Section 4-48 provides the criteria by which the Board of Adjustment is able to approve this request for a special exception to allow the operation of family amusement rides at an outdoor recreation facility. Section 4-48 is provided below. Section 4-48. - Application for a special exception. A. A special exception must only be considered by the board of adjustment when a sufficient application has been submitted indicating the section of the LDC regulations under which the special exception is sought, and the grounds on which it is requested. B. After receipt of a sufficient application, the request must be scheduled for public hearing before the board of adjustment as expeditiously as possible, and no sooner than forty-five (45) days from the date of submission. C. The applicant shall provide sufficient information to staff to clearly show the board of adjustment that the four (4) requirements for authorizing a special exception listed below have been met: 1. The board of adjustment is empowered, under the section of the LDC regulations described in the application to grant the special exception. 2. The request is in harmony with the purpose and intent of the LDC regulations. 3. The request is consistent with the Comprehensive Plan. 4. The granting of the special exception will not adversely affect the public interest. D. In granting the special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with these LDC regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of and punishable under the LDC regulations. E. The board of adjustment shall prescribe a time limit which in no event shall be greater than twenty-four (24) months, within which the action for which the special exception is required, shall be started and diligently pursued to completion without cessation of thirty (30) days or more. Failure to begin such action within the time limit shall void the special exception. F. Appeals to decisions made or actions taken by the board of adjustment shall be as defined below in section 4-52 of this chapter, or as further defined by chapter I, article IX as appropriate. Public Comment Written public comments, if any, received as of the date of this briefing are provided as an addendum to the packet documents.
Variance Sample Motions Sample motions are provided for form only and not to be considered a recommendation by city personnel. Approval conditions are subject to change, per the wishes of the Board. Motion to Approve Special Exception: In Case No. 17-3000628-01, I move to adopt the findings in the staff report and the testimony given and approve the special exception to allow the operation of three amusement rides at 401 Meade Avenue, the Cocoa Beach Pier, with the following conditions: 1. Business operations must be in compliance with all local and state regulations. 2. Any building construction or improvements must be in compliance with building department regulations for permitting and licensing. 3. Amusement rides will be removed when tropical storm or hurricane conditions are imminent. 4. This special exception is location specific and does not transfer, should business operations need to relocate. Motion to Deny Special Exception: In Case No. 17-3000628-01, I move to deny the variance request due to the fact that the applicant has not satisfactorily demonstrated that all standards required by LDC Section 4-48C, to grant a special exception have been met. The specific standards not met include: (state standard number and explanation).
ATTACHMENT A Site Aerial
ATTACHMENT B Application
ATTACHMENT C Proposed Ride Location on Site
ATTACHMENT D Tornado Ride - Image
ATTACHMENT D Tornado Ride Details
ATTACHMENT E Carousel Ride - Image
ATTACHMENT E Carousel Ride - Details
ATTACHMENT F Drop & Twist Ride - Image
ATTACHMENT F Drop & Twist Ride - Details
ATTACHMENT G Photo
ATTACHMENT H LDC Referenced Section Section 2-11. - General provisions applicable to all commercial zoning districts. E. Special exceptions. (The following applies to both the CN and CG zoning districts, wherever they are located throughout the city). After public notice and hearing and subject to appropriate conditions and safeguards, the board of adjustment may permit the following as special exceptions: 8. Any legitimate commercial use not prohibited in this zone but not falling within the specific permitted uses and which, by a preponderance of evidence, is shown to further the interests of the citizens of Cocoa Beach in the establishment of a lowdensity family oriented residential and resort community with paramount consideration given to the health, comfort, well-being, and quality of life for the citizens and found to be compatible with the City Charter and Comp Plan. F. Prohibited uses. This shall include any uses not listed as permitted or allowed by special exception.