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

CITY COMMISSION BRIEFING & Planning Board Report For Meeting Scheduled for June 7, 2012 Inner Room Cabaret Site Plan/Architectural Review Downtown Overlay District/Primary Downtown Area 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 Architectural and site plan approval to allow for improvements to a commercial facility and construction of (west) entry vestibule and awning addition in the Downtown Overlay District DATE: May 29, 2012 Owner/Agent: Project/Location: Area: Land Use/Zoning: Grand Faloon Tavern, Inc., Owner/Magnum General Contracting, Agent Inner Room Cabaret/74 North Orlando Avenue 1.3 acres + (combined parcels) General Commercial/CN Neighborhood Commercial zoning district Request: Request for commercial site plan and architectural approval in the Downtown Overlay (Primary Downtown Area) District and authorize final design and construction of (west) entry vestibule and awning addition A. Project Information The subject property ( Property ) exists in the CN Neighborhood Commercial zoning district at 74 North Orlando Avenue, and in the Downtown Overlay District (DOD) Primary Downtown Area (Area One). The Inner Room facility ( Use ) is an adult entertainment establishment. The Property consists of three tracts of land (Principal Parcel ID # 25-37-10-DC-00107.0-0012.00 and Orlando Avenue support parcel ID #25-37-10-DC-00107.0-0009.00, and Brevard Avenue support parcel ID #25-37-10-80-00107.A-0011.00). Two tracts (42 and 74 North Orlando Avenue) are located on Orlando Avenue. The third tract exists on Brevard Avenue (49 North Brevard Avenue). It appears that the Brevard tract and 42 North Orlando Avenue tract are parking areas in support of the Use. At this time the Use has main entry at 74 North Orlando Avenue on the east side of the building. K:\userdata\SHARED\Building Department\CASES\2012\2012April\12-1000413-01_InnerRoomEntry_74 N Orlando\CCxfer Inner 74 N Orlando Ave (06-07-2012).docx

Briefing to: Mayor Leon Skip Beeler and Members of the City Commission Re: Inner Room Cabaret Site Plan/Architectural Review, 74 North Orlando Avenue, Case No. 12-1000413-01 Date: May 29, 2012 for Commission meeting June 7, 2012 Page 2 The purpose of this application is to change the main entrance to the west side of the building and convert the existing Orlando Avenue frontage entrance to only an emergency exit. The new west side entrance proposes architectural enhancements that require architectural review given the property is within the DOD. With this site plan request, the Applicant seeks to install a new west, rear (14-feet x 13-feet) entryway, which includes a 6 x 13 building addition, with a facade height of about 19 feet. In addition, Applicant seeks to install an entry ramp, as well as some landscaping islands or potting areas. Over these areas and in addition to the new entryway, the Applicant seeks to install an awning/canopy an extension of the roof line approximately six feet. These improvements constitute an addition to the lot coverage or floor plan of 473.88 square feet (awnings + entry). Currently, the west face of the building abuts parking spaces. Applicant plans some changes to, and removal of, these parking spaces to accommodate the new entry and awning. The site plan illustrates a new handicap parking space and a reduced number of spaces along the building. B. Downtown Overlay District Review In addition to the site development plan, the building design and architectural plans must be reviewed by the Planning Board and City Commission in accordance with provisions of LDC Section 3-14, Downtown overlay district. Architectural Review Excerpts of the site plan, Sheet A-1, are presented in Attachment C. The Planning Board and City Commission must review this improvement for consistency with architectural guidelines found in LDC Section 3-14H, which reads in part: All structures must comply with the following guidelines: Applicants must submit architectural plans addressing, style of building, shape/form of building, height of building, roof type including pitch, scale of the proposed structure relative to other buildings and structures in the area of the proposed building, repetition of openings, type of building material and color of the proposed building ; and, The architectural features and design of the proposed building must be compatible with the surrounding area and with other buildings and structures in the area of the proposed building.

Briefing to: Mayor Leon Skip Beeler and Members of the City Commission Re: Inner Room Cabaret Site Plan/Architectural Review, 74 North Orlando Avenue, Case No. 12-1000413-01 Date: May 29, 2012 for Commission meeting June 7, 2012 Page 3 The Planning Board and the City Commission must review if the proposed architectural design meets the requirements of the guidelines established under LDC Section 3-14H. The architectural guidelines regulations read: 1. Applicants must submit architectural plans in addition to a site development plan, with such architectural plans addressing: a. Style of building; b. Shape/Form of building; c. Height of building; d. Roof type including pitch; e. Scale of the proposed structure relative to other buildings and structures in the area of the proposed building; f. Repetition of openings (windows and doors); g. Type of building material and color of the proposed building. The architectural features and design of the proposed building or structure must be compatible with the surrounding area and with other buildings and structures in the area of the proposed building. 2. All architectural plans must be designed in accordance with the above criteria that conforms to the pattern of existing development in the area of the proposed buildings. City staff will provide guidance to the developer as to which building design should be a basis for the proposed building, and is authorized to employ an architect with historic preservation experience and credentials to render professional opinion and recommendations on the application and conformance with the criteria and guidelines set forth above. The design and samples, presented in Attachment C, Pages 2 (West Elevation) and 3 (Wall Section at Entry), appear to be consistent with similar front entrance and façade treatments on properties within the downtown area, and is considered to be generally compliant with the guidelines set forth in LDC Section 3-14H. Staff does not identify any substantive issues with the new entry treatment, and recommends that the Planning Board and City Commission accept the architectural design. However, staff has identified certain issues regarding the plan and existing condition of the site, which are addressed below and are included as recommended conditions of approval: The type of material used as a canopy cover needs to be identified. The architect s statement on the plan is not compliant and consistent with the most recent Florida Building Code. All construction must be designed to and constructed in accordance with the FBC, 2010 edition. An accessible route from the public sidewalk on Orlando Avenue to the new entrance needs to be identified and maintained in accordance with the Florida Accessibility Code for Building Construction, 2012 Edition. (See City Engineer comments and conditions presented as Attachment D, Pages 3 and 4.)

Briefing to: Mayor Leon Skip Beeler and Members of the City Commission Re: Inner Room Cabaret Site Plan/Architectural Review, 74 North Orlando Avenue, Case No. 12-1000413-01 Date: May 29, 2012 for Commission meeting June 7, 2012 Page 4 Following review and consideration of the Planning Board s recommendation, the City Commission may approve or denying the design based on the following language from LDC Section 3-14H: 3. Approval of any site development plan and architectural plans submitted for development may be denied by the City Commission if it is found such architectural design is not consistent with the existing pattern of development in the Downtown Overlay District or does not meet the findings, intent, purpose, and objectives of this section. Review of Site Plan Applicant supplied a site plan, stamped, Received, April 18, 2012. Staff reviewed the application and did not identify any substantive technical issues. Staff did identify several site plan related issues, which the Applicant must address either prior to construction or prior to final site acceptance. Staff comments are presented as Attachment D. A summary of staff review comments is presented below: General Zoning: This request concerns improvements to the entryway of an existing adult entertainment/bar land use. As illustrated, the improvement satisfies the setbacks for structures, located in the CN zoning district in the Downtown Overly District-Area One The Primary Downtown Area. Landscaping: The Applicant has generally identified landscaped/irrigation area, but has not clearly identified plantings or related information. Staff recommends adding a condition (Condition 7) requiring revisions to Sheet A-1 or new landscape plan. Also, Condition 8 recommends landscape improvements to the parking area at the southeast corner of Brevard and First Street North. Traffic: The Applicant did not supply a traffic impact statement. The City Engineer did not identify any traffic-related issues. Parking: Applicant seeks to remove a minimum of five parking spaces to accommodate the new entryway and new area for dumpsters. The City Engineer comments identify several site issues related to the location of the dumpsters, necessary handicap parking, and providing a new accessible route. Staff offers no objection to removal of this parking, but recommends a condition to assure that the Applicant coordinates with City staff (See recommended Condition 2). Utilities: Utilities staff does not object to this project. Drainage: The City Engineer comments request additional information regarding stormwater facilities, which explains, that the proposed expansion will not negatively impact the existing drainage or utility infrastructure. Lighting. The Applicant did not address exterior lighting. Staff recommends a condition to assure the removal of nonconforming exterior lighting and installation in compliance with Land Development Code Chapter IV, Article XI Outdoor Lighting and Road Glare (See recommended Conditions 5 and 6).

Briefing to: Mayor Leon Skip Beeler and Members of the City Commission Re: Inner Room Cabaret Site Plan/Architectural Review, 74 North Orlando Avenue, Case No. 12-1000413-01 Date: May 29, 2012 for Commission meeting June 7, 2012 Page 5 C. Planning Board Review Staff presented this request to the Planning Board at their May 7, 2012 public meeting. Per LDC Section 3-14, Downtown overlay district, any land owner applying for a permit to construct a new building, or renovate, redevelop, revitalize or reuse an existing commercial or multifamily building is required to seek recommendation by the Planning Board, and be granted approval by the City Commission. In this location, in the CN zoning district/primary Downtown Area, approval may be granted after the Applicant demonstrates and the Planning Board finds that: 1. The proposed construction promotes and protects the unique character and historic significance of the Downtown Overlay District. 2. Compliance with General Development Guidelines for the Downtown Overlay District, Development Requirements and Architectural Guidelines for the Primary Downtown Area. The Board discussed the site plan and architectural design and noted the following: Moving the front entrance from the street front side of the building to the rear parking lot side of the building, is contrary to one of the proposed criteria for the Downtown Design based code that being main public entrances for buildings shall front on primary or local streets. Also, the there is limited street side and parking lot side transparency (levels of glass and openings which allows views inside). However, given the nature of the use both the location of the entrance and the transparency of the building need to be granted some exemption. The staff recommended comment regarding a landscape plan for the parking lot at the southeast corner of First Street North and Brevard Avenue, is not necessary since landscaping for this separate parcel parking lot is not integral to the relocation of the entrance and improvement to the rear entry way. The staff recommended comment regarding the name of the owner of the property was not applicable to any recommendation of approval for the site plan and architectural design. After review, the Planning Board recommends the City Commission find the project consistent with the Comprehensive Plan and with the Downtown Overlay District guidelines established under LDC Section 3-14H. The Planning Board recommends approval subject to the following conditions: 1. Request for Inner Room Cabaret commercial site plan and architectural plan in the Downtown Overlay District for construction of an entry vestibule and awning addition on the west side of the building is recommended for APPROVAL. Architectural design/placement and construction must occur substantially consistent with the site plan stamped, Received April 18, 2012, and as modified by this development order. 2. Prior to issuance of a building permit, Applicant to revise site plan and address those items identified by the City Engineer, Attachment D. [REVISE PLAN]

Briefing to: Mayor Leon Skip Beeler and Members of the City Commission Re: Inner Room Cabaret Site Plan/Architectural Review, 74 North Orlando Avenue, Case No. 12-1000413-01 Date: May 29, 2012 for Commission meeting June 7, 2012 Page 6 3. Applicant to remove or make application to bring the existing North Orlando Avenue ground signage into conformity with Land Development Code (LDC) Section 6-30(d). 1 Such removal or compliance may occur on or before May 1, 2013, in accordance with LDC Section 6-30(e). 2 [ACTION REQUIRED] 4. Prior to final site acceptance or certificate of occupancy, Applicant to provide for lot assemblage or other parcel unification action, such as cross access easements, in a manner acceptable to the City Attorney. [ACTION REQUIRED] 5. Prior to issuance of a building permit, Applicant to present lighting plans for removal, replacement or correction of nonconforming exterior lights. [MINOR CONDITION] 6. All lighting must comply with Land Development Code Chapter IV, Article XI Outdoor Lighting and Road Glare. [MINOR CONDITION] 7. Indicate plant materials and means of irrigation for planting bed areas. [REVISE PLAN] 8. A landscape plan indicating placement of landscaping within the parking area at the southeast corner of North Brevard Avenue and First Street North is recommended. [COMMENT ONLY] 9. Application notes the property owner as LJ of Central Brevard, Inc. This corporation is no longer active, and the present owner is Grand Faloon Tavern, Inc. [COMMENT ONLY] -------------------------------------------------------------------------------------------------------------------------- 1. Key Facts/Issues Requiring Discussion Key issues are identified in this briefing paper. Moving the front entrance from the street front side of the building to the rear parking lot side of the building is contrary to one of the proposed criteria for the Downtown Design based code. Also there is limited building transparency. Given the nature of the use both the location of the entrance and the transparency of the building need to be granted some exemption. 2. Costs The costs associated with this request include staff and Planning Board review times, and time associated with preparing reports for these boards and the City Commission. 1 Termination by redevelopment: Whenever any revision or modification is made to a building or to site improvements, which revision or modification requires the submission of a site plan or development plan, or a revised site plan or development plan, pursuant to the Land Development Code, as amended, all signs or sign structures on the parcel of land in question shall be made to conform with the current requirements of this chapter, or shall be removed. 2 Termination by amortization: Any nonconforming sign not terminated pursuant to any other provision of this section shall be terminated within twenty (20) years of the effective date of the original sign permit or within ten (10) years of the effective date of this ordinance, whichever is greater. It shall be the property owner's burden to register the nonconforming sign and provide substantial competent evidence of the date of the original permit. Such proof of the original permit date shall be provided to the department of development services within twelve (12) months of the effective date of this ordinance. In the event such proof is not submitted to the department of development services within said twelve (12) month time period, the owner will be deemed to waive the extended amortization period and the nonconforming status of the sign will terminate within ten (10) years of the effective date of this ordinance. The existing ground sign appears to have been permitted in 1988 under permit M-13014.

Briefing to: Mayor Leon Skip Beeler and Members of the City Commission Re: Inner Room Cabaret Site Plan/Architectural Review, 74 North Orlando Avenue, Case No. 12-1000413-01 Date: May 29, 2012 for Commission meeting June 7, 2012 Page 7 3. Savings Not applicable. 4. Source of Funds Not applicable. 5. Communications One public meeting occurred before the Planning Board. There exists no local or statutory requirement to advertise/notice public hearing for site plans or architectural plan review. 6. Environmental Impact Not applicable. 7. Department Representative Anthony Caravella, AICP, Director of Development Services 8. Recommendations The Planning Board recommends approval, with conditions, as written in the briefing paper. Staff supports the Planning Board recommendation 9. Consent Agenda Motion/Action: Approval of Case No. 12-1000413-01, commercial site plan and architectural design for Inner Room Cabaret at 74 North Orlando Avenue, with conditions identified in the briefing memorandum and Planning Board Report dated May 29, 2012. Legal Description Lots 9-13, Block 107, 2 nd Addition to Cocoa Beach Subdivision, Plat Book 9, Page 18, and Lots 11 and 12, Block 107A, 5 th Addition to Cocoa Beach Subdivision, Plat Book 10, Page 48; Public Records of Brevard County, Florida Parcel ID #s: 25-37-10-DC-00107.0-0012.00, 25-37-10-DC-00107.0-0009.00, and 25-37-10-80-00107.A- 0011.00. Attachments A. Vicinity/Location Map and Aerial B. Application Documents C. Excepts of Site Plan, Sheet A1 D. Staff Comments Copies Grand Faloon Tavern, Inc.; 74 North Orlando Avenue; Cocoa Beach, FL 32931-2911 Morris Nelson, President; Magnum General Contracting Co.; 85 South Atlantic Avenue; Suite 402; Cocoa Beach, FL 32931-2789 magnumgc@cfl.rr.com

ATLANTIC OCEAN SUBJECT PROPERTY Parcel ID #s 25-37-10-80-00107.A-0011.00, 25-37-10-DC-00107.0-0009.00, and 25-37-10-DC-00107.0-0012.00 Property located at 49 North Brevard Avenue, 42 North Orlando Avenue, and 74 North Orlando Avenue Note: Map not to scale North ATTACHMENT A (1 of 1) Vicinity/Location Map

SUBJECT PROPERTY AREA OF PROPERTY SUBJECT TO APPLICATION FOR ENTRY AND AWNING Source: Brevard County Property Appraiser Image Date: 1/4/2011 North ATTACHMENT A (2 of 2) Aerial Map