Mayor Leon Skip Beeler and Members of the City Commission. Anthony Caravella, AICP, Director of Development Services

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1 CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for April 15, 2010 Modification to CVS Pharmacy Landscape Plan Site Plan Consent Agenda TO: FROM: THRU: RE: Mayor Leon Skip Beeler and Members of the City Commission Anthony Caravella, AICP, Director of Development Services Chuck Billias, City Manager Proposed landscape plan to mitigate tree removal and modify previously approved landscape plan for CVS Pharmacy; 4292 North Atlantic Avenue Case # DATE: April 6, 2010 Owner/Agent: Project/Location: Margaret Campbell, Owner/Land Art Landscape Architecture, Applicant/Agent CVS Pharmacy/4292 North Atlantic Avenue Area: 1.19 Acre + Land Use/Zoning: Request: General Commercial/CN Neighborhood Commercial zoning district Review proposed landscape plan to mitigate tree removal related to the previously approved original landscape plan. A. Project Summary The subject property ( Property ) exists as a commercial land use, on approximately 1.19 acre (51,790 square feet). The Property is located at the southwest corner of North Atlantic Avenue (SR A1A) and Cocoa Beach Causeway (SR 520), and has a CN Neighborhood Commercial zoning district designation with a General Commercial future land use map designation. The existing drug store land use was constructed in 1995 and has existed continually since that time. A vicinity/location map, and an aerial of the Property, is presented as Attachment A. K:\userdata\SHARED\Building Department\CASES\2010\2010February\ CVS Tree Removal 4292 N Atlantic Ave\CCxfer CVS Landscape Modification ( ).doc

2 Briefing& Planning Board Report to: Mayor Leon Skip Beeler and Members of the City Commission Re: Case # ; Landscape plan modification and tree removal permit for CVS Pharmacy at 4292 North Atlantic Avenue Date: April 6, 2010 for Commission meeting April 15, 2010 Page 2 The Applicant recently removed two protected trees without the required tree removal permit, and such action was identified under Code Enforcement Case , which remains active. The Code Enforcement Board heard the case on January 20, 2010 and ordered correction on or before February 17, 2010, or a fine of $5,000 ($2,500 per tree) would be imposed. The Applicant submitted plans on February 16, 2010, and therefore at this time no fine is accruing. The case will not be closed until any approved mitigation plan is approved, the improvements/tree replacement shown on those plans have been completed, and the improvements are accepted by the City. B. Summary of Staff Review The Applicant s application and information regarding the small site plan and tree removal permit is presented as Attachment B to this staff report. The proposed landscaping/mitigation improvements are presented as Attachment C. The original landscape plan and existing landscape condition is presented as Attachment D. Initial review comments from City staff are presented as Attachment E to this briefing paper. Further review by Development Services resulted in concerns regarding location of the mitigation trees and the need to modify the original landscape plan given removal of tress which were identified and planted in accordance with that original plan. Review of the existing site condition (Attachment D, 1 of 3) shows the trees identified in the original landscape plan generally remains on the site, and the ground plantings also generally remain on site and are maintained. C. Planning Board Review The Planning Board reviewed this application at their April 5, 2010 meeting. After Planning Board review, the Board unanimously recommends (4-0) approval of the landscape plan, with the conditions identified below: 1. Request for tree replacement permit at CVS Pharmacy, small site plan approval, Case# is GRANTED. Final improvements must occur substantially consistent with those plans, stamped, Received February 5, Per LDC Section 4-16H, the Applicant must maintain the plantings and features of a required landscape area in an attractive and healthy state. [MINOR CONDITION] 3. Once planting is accomplished, the Applicant must contact this office to schedule an inspection of the site by City staff. [ACTION REQUIRED] 1. Key Facts/Issues Requiring Discussion Key issues are identified in this briefing paper. The Planning Board reviewed this request at their April 5, 2010 meeting. The Board recommends approval (4-0) with conditions identified in this briefing paper. 2. Costs The costs associated with this request include staff and Planning Board review time, and time associated with preparing reports for the Planning Board and City Commission.

3 Briefing& Planning Board Report to: Mayor Leon Skip Beeler and Members of the City Commission Re: Case # ; Landscape plan modification and tree removal permit for CVS Pharmacy at 4292 North Atlantic Avenue Date: April 6, 2010 for Commission meeting April 15, 2010 Page 3 3. Savings Not applicable. 4. Source of Funds Not applicable. 5. Communications One public meeting before the Planning Board occurred. There exists no local or statutory requirement to advertise/notice public hearings for site plans. 6. Environmental Impact None expected. 7. Department Representative Anthony Caravella, AICP, Director of Development Services 8. Recommendations The Planning Board recommends approval, with conditions, of the landscape plan. Staff supports the Planning Board recommendation. 9. Consent Agenda Motion/Action: Approval of Case No , being modification to CVS Pharmacy landscape plan and tree removal/ mitigation permit for property located at 4292 North Atlantic Avenue, with conditions identified in the briefing memorandum and Planning Board Report dated April 6, Legal Description Lots 1 to 8 inclusive, Block 45, COCOA OCEAN BEACH SUBDIVISION, according to the plat thereof recorded in Plat Book 10, Page 16, Public Records of Brevard County, Florida. The above described parcel contains 1.19 acres more or less. Parcel ID No CI Attachments A. Vicinity/Location Maps B. Application Information C. Proposed Tree Replacement/Mitigation Plan D. Existing Site Condition and Original Landscape Plans E. Staff Comments Copies Randall Baker; Land Art Landscape Architecture; 754 Ellwood Avenue; Orlando, FL (landart@cfl.rr.com) Margaret L. & Rheta Susan Campbell; 1125 North Indian River Drive; Cocoa, FL CVS Pharmacy # 246; 4292 North Atlantic Avenue; Cocoa Beach, FL Robert L. Bensinger, RFMP, CVS, Senior Regional Facility Manager, Southeast Region III (Florida) (via RLBensinger@cvs.com

4 SUBJECT PROPERTY Parcel ID No: CI Property located at 4292 North Atlantic Avenue Note: Map not to scale North ATTACHMENT A (1 of 2) Vicinity Zoning Map

5 Source: Brevard County Property Appraiser (photo circa January 2009) Note: Not to scale North ATTACHMENT A (2 of 2) Aerial

6 ATTACHMENT B (1 of 4) Application Information

7 ATTACHMENT B (2 of 4) Application Information

8 ATTACHMENT B (3 of 4) Application Information

9 ATTACHMENT B (4 of 4) Application Information

10 ATTACHMENT C (1 of 2) Proposed Tree Replacement/Mitigation Plan

11 ATTACHMENT C (2 of 2) Proposed Tree Replacement/Mitigation Plan

12 ATTACHMENT D (1 of 3) Existing Site Condition

13 ATTACHMENT D (2 of 3) Original Landscape Plan

14 ATTACHMENT D (3 of 3) Original Landscape Plan

15 ATTACHMENT E (1 of 2) Staff Comments City Engineer

16 ATTACHMENT E (2 of 2) Staff Comments Public Works