CITY COMMISSION BRIEFING For Meeting Scheduled May 2, 2013 Resolution Site Plan Consent Agenda Item

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1 CITY COMMISSION BRIEFING For Meeting Scheduled May 2, 2013 Resolution Site Plan Consent Agenda Item TO: FROM: THRU: RE: Mayor Dave Netterstrom and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Robert J. Majka, Jr., City Manager Validate Ola Grande Condominium, Inc., at 5350 Ocean Beach Boulevard, as a transient lodging special exception in accordance with Land Development Code Section 3-08E. Case No Resolution No DATE: April 23, 2013 Summary Resolution , presented as Attachment A, relates to Land Development Code (LDC) and the RM-2 zoning district, accessory and special exception uses. ERA Showcase Properties and Investments, Property Manager of Ola Grande Condominium, Inc. requests the City Commission validate the land uses at 5350 Ocean Beach Boulevard as an existing transient lodging establishment, with uses and accessory buildings in existence as of May 4, The associated portion of LDC Section 3-08E(6), RM-2 Multifamily Professional District, Special Exception, reads: 3-08E(6) Existing lawful transient lodging uses, including all customary accessory buildings in existence as of May 4, 2000, which would otherwise be considered non-conforming, shall be deemed a special exception following validation of same by resolution of the City Commission. If such use or structure is abandoned for six consecutive months, or for 18 months over a three year period shall be deemed to have expired. Any affected landowner whose transient lodging land use expires because of the terms of this section may appeal the expiration within 12 months of the date of adoption of this ordinance. Appeals must be made pursuant to those procedures regarding Preservation of Vested Rights in these land development regulations. Staff has reviewed the application and documentation and finds the documentation adequate to find the transient lodging use was in existence as of May 4, It is noted the earliest submitted record of this property having a transient lodging/vacation rental license is March 8, 2002 (see Attachment D, page 3). However, this complex having been built in 1975, and given its location, there appears to be adequate presumptuous proof that this condominium has been renting units as transient lodging prior to May 4, C:\Documents and Settings\kh2948\My Documents\CCxfr Res for Ola Grande (5-2-13).doc

2 Memorandum to: Mayor Dave Netterstrom and Members of the City Commission Regarding: Resolution , Ola Grande Transient Lodging Land Uses as Special Exception Date: April 23, 2013 for Commission Meeting May 2, 2013 Page 2 1. Key Facts/Issues Requiring Discussion Key discussion points are identified in this briefing paper. Is evidence adequate to validate the uses existed prior to May 4, 2000? 2. Costs The costs associated with this request include associated staff review time with the creating and adoption of the Resolution. 3. Savings Not applicable. 4. Source of Funds Not applicable. 5. Communications There is no statutory, nor City, requirement to advertise this action. 6. Environmental Impact Not applicable. 7. Department Representatives Anthony Caravella, AICP, Director of Development Services 8. Staff Recommendation Staff recommends approval of Resolution Recommended Motion/Consent Agenda Item Description: Approval and adoption of Resolution , validating Ola Grande Condominium at 5350 Ocean Beach Boulevard as a transient lodging use in existence as of May 4, Attachments: A. Resolution B. Vicinity/Location/Zoning Map C. Ownership information D. Application and Related Evidence of Transient Lodging prior to May 4, 2000 c: ERA Showcase Properties and Investments, Niccole Febres-Cordero, Property Manager for Ola Grande Condominium, Inc., 5350 Ocean Beach Boulevard, Cocoa Beach, FL (niccolefc@cfl.rr.com) Ola Grande Condominium, Inc.; c/o Louis H. Zadow, President; 883 Bluff Lake Drive; Zeeland, MI

3 THE FOLLOWING TWO (2) PAGES ARE: ATTACHMENT A Resolution Validating Transient Lodging Land Uses in an RM-2 Zoning District for Ola Grande

4 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA, REGARDING OLA GRANDE CONDOMINIUM AT 5350 OCEAN BEACH BOULEVARD, VALIDATING THE EXISTENCE OF TRANSIENT LODGING USES, INCLUDING ALL CUSTOMARY ACCESSORY BUILDINGS, IN EXISTENCE ON MAY 4, 2000, FOR THE PURPOSE OF DEEMING THE USE AS HAVING STATUS AS SPECIAL EXCEPTION USE PURSUANT TO LAND DEVELOPMENT CODE SECTION 3-08E(6); DESIGNATING THE PROPERTY MORE PARTICULARLY DESCRIBED HEREIN AS HAVING SUCH SPECIAL EXCEPTION STATUS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Land Development Code Section 3-08E(6), regarding the RM-2 zoning district, reads that existing transient lodging establishments and uses, including all customary accessory buildings, in existence on the date of adoption of Ordinance 1232 (May 4, 2000) which would otherwise be considered a non-conforming use shall be deemed a special exception following validation of same by resolution of City Commission; and, WHEREAS, Land Development Code Section 3-08E(6) also reads that if such use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period, the special exception shall be deemed to have expired and such use shall not thereafter be allowed to exist; and, WHEREAS, upon delivery of proof of active transient lodging uses having been in existence prior to May 4, 2000 provided by, ERA Showcase Properties and Investments, Property Manager for Ola Grande Condominium, Inc., the City of Cocoa Beach City Commission, under assigned Case No , desires to validate the existence of a transient lodging uses at the Ola Grande Condominium located at 5350 Ocean Beach Boulevard, in the RM-2 zoning district, by deeming the land use a special exception. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Cocoa Beach, Florida as follows: SECTION 1: The above recitals are true and correct and by this reference are hereby incorporated herein and made an integral part hereof as though fully set forth herein. SECTION 2: The following property and use is hereby determined and deemed to be special exceptions in a RM-2, Multifamily Professional zoning district in accordance with Land Development Code Section 3-08E(6): K:\userdata\SHARED\Building Department\Transient Lodging - Validate Special Exception Uses\Ola Grande Condos Ocean Beach Blvd\Res Ola Grande.docx

5 Designating as a special exception that existing transient lodging use on those lands at 5350 Ocean Beach Boulevard, commonly referred to as Ola Grande, said land use being comprised of 27 dwelling units in a building with a height of three stories, and having the legal description: Ola Grande Condominium according to the Declaration of Condominium recorded in O.R. Book 1607, Page 480 and all amendments thereto, public records of Brevard County, Florida. Parcel ID s: CG xxx & CG xxx SECTION 3: The subject transient lodging land uses, Ola Grande Condominium, Inc., and associated accessory uses identified in this Resolution is governed by Land Development Code Section 3-08E(6), including if such use of a structure or structures and premises used in combination on the aforesaid mentioned properties is discontinued or abandoned for six months or 18 months in any threeyear period, the special exception shall be deemed to have expired and such use shall not thereafter be allowed. In addition, all transient lodging uses within Ola Grande are required to comply with all laws regulating transient lodging uses, including but not limited to, State of Florida Department of Business and Professional Regulation Division of Hotels and Restaurants license, State of Florida Department of Revenue registration, City of Cocoa Beach business tax receipt and certificate of use, and Life Safety Code requirements. Failure to comply with the requirements in this Section will result in this Resolution being null and void and transient lodging uses within Ola Grande would be considered non-conforming uses and subject to code enforcement action. SECTION 4: The City Manager or designee is authorized and directed to send a copy of this Resolution to the condominium association. SECTION 5: This Resolution shall become effective upon adoption, and compliance with any and all conditions of approval. Upon Motion by Commission and seconded by Commissioner, Resolution was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of, Ayes: Nays: Absent or Abstaining: Dave Netterstrom, Mayor-Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk Resolution No Page 2 of 2

6 ATLAN ATLANTIC OCEAN SUBJECT PROPERTY Ola Grande Parcel ID # CG xx & 0002.xx Properties located at 5350 Ocean Beach Boulevard Note: Map not to scale North ATTACHMENT B (1 of 1) Vicinity/Location/Zoning Map

7 Florida Non Profit Corporation OLA GRANDE CONDOMINIUM. INC. Filing Information Date Filed05/23/1980 Principal Address 5350 OCEAN BEACH BLVD. 202 COCOA BEACH, FL Mailing Address 5350 OCEAN BEACH BLVD. 202 COCOA BEACH, FL Registered Agent Name & Address Keldorf Inc Astronaut BLVD Cape Canaveral, FL Address Changed: 03/20/2013 Officer/Director Detail Name & Address Title Director: WOJECK, JIM; 9190 AUGUST CIRCLE; ST. AUGUSTINE, FL Title D: BROWN, HELEN; 116 LEWIS ST; AUBURN, NY Title D: CAPRIGLIONE, DON; 317 OXFORD BL S; GARDEN CITY, NY Title S, Secretary ZADOW, LINDA 883 BLUFF LAKE ZEELAND, MI Title President ZADOW, LOU 883 BLUFF LAKE ZEELAND, MI Title VP Zahowski, Gregory 5350 Ocean Beach Blvd Cocoa Bch, FL Title D: Gaudet, Paul; 5350 Ocean Bch Blvd; Cocoa Bch, FL ATTACHMENT C (1 of 1) Ownership Information

8 From: Tony Caravella Sent: Thursday, March 07, :44 PM To: 'Niccole Febres-Cordero' Cc: Tammie Lizon Subject: RE: BTR/CU Renewals Nicole Does your property management team, or the Condo Association have any hotel restaurant license (or proof of licensure) pre 2000? Thanks, Anthony Caravella, AICP Development Services Director City of Cocoa Beach Phone Fax Due to Florida's broad public records law, most written communications to or from government employees are public records. Therefore, this communication may be subject to public disclosure. From: Niccole Febres-Cordero [mailto:niccolefc@cfl.rr.com] Sent: Thursday, March 07, :46 PM To: Tammie Lizon Cc: Tony Caravella; Mark Amaral Subject: RE: BTR/CU Renewals Ola Grande License.pdf Hi Tony, Attached is the license from the Department of Business and Professional Regulation. License # CND If you should need anything else, please let me know. Niccole S. Febres-Cordero Realtor, Property Manager Fluent in Spanish ERA SHOWCASE Properties & Investments (321) MAIN (321) DIRECT (321) FAX 8660 Astronaut Blvd. Suite #208 Cape Canaveral, FL EMERGENCY MAINTENANCE ATTACHMENT D (1 of 4) Application Materials

9 ATTACHMENT D (2 of 4) Application Materials

10 ATTACHMENT D (3 of 4) Application Materials

11 ATTACHMENT D (4 of 4) Application Materials