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HomeMy WebLinkAboutOrdinance No. 07-2015 (REVISED) ORDINANCE NO. 07-2015 (REVISED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES,TO REVISE ARTICLE X, AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2009, the City conducted a community-based, citizen-driven Visioning process to develop a vision and strategy for future development and redevelopment of underutilized areas located in the City; and WHEREAS,some of the recommendations developed as a result of the Visioning process included revising the City's zoning code to allow for mixed-use development and a town center, as well as taking a proactive approach to economic development; and WHEREAS, in 2012, the City adopted the AlA Economic Opportunity Overlay District (`GOOD")to promote hospitality-related commercial development capitalizing on Port Canaveral; to provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance; to enhance the AlA corridor's identity; and to promote a pedestrian-friendly environment; and WHEREAS, it is critical that uniform rules be established that result in a seamless development pattern along the entire length of A l A to create a sense of identity as called for in the Visioning initiative; and WHEREAS, the City's Planning & Zoning Board/Local Planning Agency reviewed the proposed revisions during a public hearing on July 01, 2015 and recommended approval of same to the City Council; and WHEREAS,the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: City of Cape Canaveral Ordinance No.07-2015 Page 1 of 19 Section 1. Recitals.The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of Cape Canaveral. Section 2. Conforming Amendments to Chapter 110,Zoning.Chapter 110,Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE X. * * * DIVISION 1 - GENERALLY Sec. 110-585. -Introduction. (1) The A 1 A Economic Opportunity Overlay District("EOOD"or"District")provides guidelines and standards for public and private development projects in commercially zoned areas along AlA. Consistent with the intent of the 2009 Community Visioning and the 2012 Community Redevelopment Plan, the District EOOD is developed to promote hospitality related commercial development that capitalizes on the economic benefits of Port Canaveral;provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance, enhance the corridor's identity and promote the pedestrian environment of the District. (2) All projects within the boundaries of the District Al A EOOD shall comply with the following Design Guidelines and Development Standards. These requirements have the overall goal of encouraging compact,pedestrian-oriented developments and attractive public outdoor spaces. The District EOOD is designed to create a unique identity for the Al A Corridor with a distinct sense of place while attracting new businesses and customers, and providing for the comfort, convenience, and safety of workers, residents and shoppers. (3) The District A 1 A EOOD Design Guidelines and Development Standards ("Standards") set forth in this Article shall be in addition to and not in substitution of the underlying zoning district regulations and other regulations contained in this Code which shall also remain applicable to the District AlA EOOD. The District AlA EOOD Development Standards of this Article will govern development and redevelopment within the District AlA EOOD and will control where conflicts between regulations occur. City of Cape Canaveral Ordinance No. 07-2015 Page 2 of 19 Sec. 110-586.- Boundary and organization. The boundaries of the District A 1 A EOOD are shown on Figure 1 and Figure 1 a. The District Al A EOOD primarily consists of properties zoned for commercial, office, and industrial uses which abut or are in close proximity to AlA frame generally extending from the city limits on the north to E. Grant Avenue on the south : ' • - - - . . -. Whereas the boundaries of the District are identified on the Figures below, the zoning boundaries and/or specific zoning districts represented in Figure 1 a and subsequent Figures are for reference purposes only; the official City Zoning Map is maintained within the Community Development Department. ECONOMIC OPPORTUNITY OVERLAY DISTRICT (EOOD) Li, Jo� II ___,„7.1.6, , ____,..--N14 I i 1 J 11 , .. . - 1L_J 1L1:411M1 • u ', r 1 , Li T-Ti _ii 1 IOW N. ii N.- -______\ T �, I� n11"Li11 •;�77�t1flnlmrtu[Ilf,ll 4.�.�� Nalll - 1 /I 111/11ilk t!IIIIL.I(!ilill 1 z--_-. w - yam riisi mil � �) �� 1• �1111111111�1:.5 ,tdL ��, �3 111A` � i!!,:7%7 tsr ■�t Ilf■tlir ' '__I X1111u1111 Am.._ -(Ili!!I;i,1 - . WI� "■ .i .i!.■■ 11 11111111 �' \ ... I. .1 ■ lit ala�� 11,'1 1w.I, 1(r�■n. ■ ut�� 11!1�1 1114 t ,I IIIII 7 �_ I_!II fill■11 I our' half/ �� � r��� 1 1 nlnn uuu■■ fid EF unfl ice.,f 1 1 EildiQ1J (EI IIIIII NFr� - - �l� � Igli■Nit' ■II SII E 1 1 ,,..,,,_i NM flair..,1:: IS- iii■iiiii U>EIg Legend ' VI11 iL� /N 111W 1\ Q EOOD 11 N C111111 111 !!n tum l •`' 2 ®1111f1- c wu �. ■ tilWih,, ®rw t.3t Figure 1. Economic Opportunity Overlay District Boundary Map City of Cape Canaveral Ordinance No.07-2015 Page 3 of 19 --- F7-:--,,, City of Cape Canaveral liflizad Zoning Map l ~-"- ..-..n i 1 I 1 / 11.01.Ala IL- Legend ., . -- ZONING C2 Rt ....,. W E al up R3 —E000c ,„�.. .....+r. STREET LEGEND L --- J rI 441, A Clara Elizabeth Lane j 8 Maple Court C Palm Way 1 7 O Croton Court ..,' , ,_. City of Cape Canaveral E Oleander Cour .. Zoning Map F Coquina Lata /t _t G Camelia Court Map Prepared by Muer I egg a Associates.Inc M Jasmine Court +,-. July 02 2008 I Honeysuckle Way j cu.;.,.da:levied Ca....r,,,r..,'a...r,:, A,- J Intrepid Way 1-_ ,,,,.;� co dime Caro.s the..d Cu....gni.en-, K Aquarius Way , .,L Tranquility Way " ! - M Shuttle Way N Falcon Way �. DOASUt 02 UJ U4 OS O CoconutWay ..rwr...r.,.....,.r.........,. • .••••1104 • e.....tr.+r....a......... —�- _ ...-..r...•..�......-..._ter...w.. .... Figure la. Economic Opportunity Overlay District Boundary Map(Zoning) (Note —Figure 1 a is a graphic representation of the EOOD District boundary; the official zoning map is maintained in the Community Development Department). City of Cape Canaveral Ordinance No.07-2015 Page 4 of 19 Sec. 110-587.-Applicability. (1) The District ' . - -. - e : .. . e • . e' --• - e e ` is a commercial corridor of an approximately one and three-quarter miles , generally centered on both A 1 A (Astronaut Boulevard) and N. Atlantic Avenue and recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant Avenue on the south the Canaveral River area on the south. . : : . . - . - --• - _. . . - _ -- _. . (2) The area of the district along AlA is intended to serve as the main gateway into the City of Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the main street to the City of Cape Canaveral's Town Center and as a transition between the land use, circulation, and streetscape along A l A and the Town Center. This District is intended to have the most intenseive commercial and residential uses within the City.The EOOD is meant to provide a lively and attractive interface between the proposed Town Center and the adjacent residential communities, while maintaining a primarily commercial street frontage along AlA,N. Atlantic Avenue and Central Boulevard. (3) The streets will have a retail/commercial service atmosphere with small or large neighborhood stores at street level and apartments or offices on upper stories floors. The retail composition of the district shall include, but not be limited to, retail stores, personal services, hotels, cultural facilities, hospitals, clinics, pharmacies, convenience stores with gas, high tech manufacturing, entertainment, and eating establishments including rooftop restaurants that serve the EOOD as well as stores, eating establishments, and business services (printing, accounting, etc.) that serve the other businesses and office users in the area. Residential uses shall be permitted within the District; however, shall be limited to upper stories floors along AIA, N. Atlantic Avenue and Central Boulevard within the - -: • : ••' e ; ,: -•. •' e - . District. (4) The main street component of the District is intended to provide a mixed-use, pedestrian- oriented focus for the proposed Town Center, with land uses serving Town Center residents and visitors. This sub-district provides the City of Cape Canaveral with a small-town style walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall occupy as much of the ground floor frontages along Central Boulevard as the market will bear. Upper stories floors shall be office or residential along these twe main streets. This district also shall provide the potential for continuum-of-care developments including opportunities for aging in place and include such uses as independent, assisted living and skilled care facilities. * * * Sec. 110-591. Design principles. The A l A Economic Opportunity Overlay District(EOOD)is based upon a set of design principles. These principles are: City of Cape Canaveral Ordinance No.07-2015 Page 5 of 19 (1) Consistency: The Al A Commercial corridor features a mixture of development types including community serving retail uses, office buildings, hotels and convention facilities, strip-commercial .centers, neighborhood-serving retail, flightfiffie entertainment uses, attractions, and restaurants. Design of these structures has been influenced by use, age, and site dimensions. Within the context of these constraints, developments can achieve the principle of consistency through selection of colors, exterior surface materials, scale,rhythm, proportions, landscaping and sign programs. (2) Activity: Active street life, which can be enhanced by design considerations, is a major component of thriving pedestrian commercial districts. There are many opportunities to insert options for increased street-level pedestrian activity along Al A.Through building orientation, circulation, storefront design and landscaping,development can further promote the principle of safe pedestrian activity. (3) Pedestrian Orientation: Pedestrian orientation can be achieved through storefront ornamentation, reduction of blank surfaces, building articulation, proportion, rhythm, color, and texture. Guidelines and Standards based upon this principle address wall surfaces, windows, awnings, signage, and architectural treatments. (4) Safety: Public safety is critical to the success of a commercial district. Public safety in this case refers not only to safety from criminal activity,but also creating an environment in which pedestrian and automobile traffic can safely coexist. The design and development of commercial centers and the public open space adjacent to them shall include considerations of public safety. Public safety issues can be addressed through site planning considerations such as the location of parking lots, lighting, signage and landscaping. (5) Simplicity: Design Guidelines and Standards for the • • - -•- e•: :. . e = . District shall provide for public convenience by clearly identifying the nature of the business and communicating points of ingress and egress for pedestrian and automobile traffic. These issues can be addressed through architectural treatments as well as through site planning considerations such as the location of parking lots, lighting, signage and landscaping. Sec. 110-592.—Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in section 110-1 of this Code. * * * Building Articulation: Architectural features, which serve to add interest to a building, or highlight a site feature. Building articulation can be achieved through undulation of the building facade, changes in building height, highlighting an entrance, etc. Building Attachment: Any feature secured to the façade of the building, such as awnings., loggias, arcades, etc. Building Facade: The portion of the building wall that is visible to the public. This includes all four sides of the building. City of Cape Canaveral Ordinance No.07-2015 Page 6 of 19 Building Form: The horizontal and vertical organization of building features, as well as the overall shape and site orientation of buildings. Building Opening: Penetrations to the building facade including windows and doors. Building Setback: A line parallel to the property line delineating a zone which cannot be used for buildings. Building Zone: A zone within a property along a street frontage which defines the limits of where the building facade must be located. This zone is generally parallel to the Right of Way and is defined by a minimum and maximum distance from the Right of Way. Massing: The organization of buildings and other structures relative to other District features such as parking areas, streets, and public spaces. Mixed-use development: A type of development which may include one building, set of buildings, or defined project area for more than one purpose and may include any combination of uses, but not limited to residential, retail shops, eating establishments including rooftop restaurants,professional offices, industrial, and civic uses in either a horizontal or vertical setting. Pedestrian Refuge: Pedestrian refuges are areas protected from vehicles or bicycles by curbing,bollards, or other features at the midpoint of the crosswalk. Public Space: Any space that is intended for use by the general public. Public spaces may be privately or publicly owned and maintained. Examples of public spaces can include squares, plazas, greens, courtyards, storefront gathering areas, etc. Service Area: An area of a building site not intended for public access, which is dedicated to business or maintenance functions. Service areas may include dumpster enclosures,loading docks, services, etc. Stepback: A stepback is a setback located on the upper stories floors of a building, typically to reduce the bulk of a building or to provide outdoor floor space. Street wall: The wall of facades created in a pedestrian oriented district when stores are built to the front yard and side yard setback. Street walls can sometimes be used in place of building facades, and shall be designed to imitate the architecture of the building. * * * Sec. 110-605.- General. The Director of Community Development or designee, shall have the authority to render interpretations of this code, to adopted policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent or purpose of this Code. City of Cape Canaveral Ordinance No.07-2015 Page 7of19 1 Sec. 110-606. - Procedures for design compatibility approvals. No building permit will be issued for any project, and no person will perform any construction work on a project,until the : .' :'-_ - - . •: - , • - . .. : - - documents required by section 22-44 of this Code have been submitted to the Pled Community Development Department and approved according to the procedures in Article III of Chapter 22 of this Code. Sec. 110-607. - Plan submittals. A design compatibility approval shall also include the site plan criteria set forth in section 110- 222 of this Code. Sec. 110-608. -Nonconforming uses, structures and buildings. Those legally existing uses, structures and buildings that do not comply with the AlA EOOD •:•• _ - . - -. : - ..• : : provisions of this article at the time of its adoption shall be deemed nonconforming and shall be governed by article V of chapter 110 of this Code. Sec. 110-609.-Use matrix. The • • - -• ! : :: - • - e - . District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center. The-district-will -- - - t - The following land use matrix (Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1 - Land Use Matrix ITses (not a complete listin ' C-1 C-2 Retail P P 1P Personal Services P P 1SE Hotels and Motels P 1P ISE Banks P P 1 SE Waterfront Restaurant P P SE Assisted Living Facility SE 1SE NA 2Pharmacies P P NA 2Flex space(office, showroom, warehouse) SE SE P 2Convenience store w/gas SE SE P 2High tech/light manufacturing SE P P 2Warehousing NA SE P 2Off-site cruise ship parking accessory to hotels and SE SE SE motels 3Commercial Parking Facility(minimum lot size of 5 NA NA SEP3 acres) City of Cape Canaveral Ordinance No.07-2015 Page 8of19 'Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA) Development Agreement (DA)] 'Attraction and Destination uses PD PD PD 'Mixed Use Development uses (i.e. Town Center) PD PD PD 'Added use. 2 Use included to clarify intent of code. 3- - - •. •. ... - : 1 ! *Uses not specifically listed may be approved as a Planned Development (PD). * * * Sec. 110-611.—Property containing both commercial and residential zoning district designations. In the event that a parcel of real property located within the District contains both a commercial and residential zoning district designation, the residential portion of the parcel may be developed in accordance with either the applicable underlying zoning regulations or as an accessory use to the principal commercial development on the commercial portion of the parcel. Accessory uses may include,but are not limited to,restaurant/bar,recreational amenities,boardwalk, sundries,and parking structure,provided the city manager or his designee deems the accessory use is compatible with the principal use and compatible with the surrounding properties. The city manager or his designee may impose, in writing, reasonable safeguards and conditions on the approval of any development permit authorizing an accessory use. Any violation of these safeguards and conditions of the accesory use in furtherence of the compatibility requirements of this section and/or the public health, safety and welfare. Accessory uses and structures shall be constructed or developed only after development of the principal use and sahll not become a use independent of the principal use. Further, the residential portion of the parcel shall not be subdivided from the commercial portion so long as any such accessory use remains on the parcel. Sec. 110-6112-110-620. Reserved. DIVISION 3.- SITE PLANNING Sec. 110-621.- Intent. (1) Site planning involves the proper placement and orientation of structures, structure height, development acreage, open spaces, parking and pedestrian and vehicular circulation on a given site.The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a project will be an asset to the community. (2) Proper site planning shall promote harmony between new and existing buildings and shall be sensitive to the scale, form,height, and proportion of surrounding development. Good design with complementary landscaping is a major component in creating vibrant commercial areas that foster a pleasant and desirable character, pedestrian activity, and economic vitality. City of Cape Canaveral Ordinance No.07-2015 Page 9 of 19 Factors such as the size and massing of buildings,the orientation of storefronts,and circulation greatly influence the quality of the pedestrian experience. (3) Within the • • - -. - ! : .. . ! . District, site planning and design of new buildings and the rehabilitation of existing buildings shall promote continuity of the historic context of buildings (as shown in historic documentation) in relationship to the existing pattern and scale of streets, sidewalks and parking. The guidelines and standards below reinforce the existing historic development patterns (as shown in historic documentation) and provide a site planning framework for both infill developments and rehabilitation and revitalization of existing buildings. Sec. 110-622.-LEED or LEED equivalent design. (1) Intent: LEED (Leadership in Energy and Environmental Design) is a national consensus- based, market-driven building rating system developed by the U.S. Green Building Council to encourage the development and implementation of green building practices. This rating system is incorporated in the categories of site, water, energy, materials, and air quality. The city desires to encourage, where practical, the use of LEED or a LEED equivalent rating system in the design of projects within the • • - -. . ! : :: e - . District (EOOD). Sec. 110-623.- Building orientation. (1) Buildings shall be oriented towards Al A, N. Atlantic Avenue and Central Boulevard as well as adjacent cross-streets in order to encourage pedestrian activity along the sidewalks of AlA, N. Atlantic Avenue and Central Boulevard and to facilitate pedestrian access to and from the sidewalk to adjacent properties. a. Projects with rear lot lines abutting a street, alley, or parking lot shall incorporate pedestrian entrances at the rear lot line in addition to those on Al A, N. Atlantic Avenue and Central Boulevard. Sec. 110-624.-Building height. (1) Building height shall be correlated to the scale of the street along which it faces and shall encourage a comfortable pedestrian-oriented environment. a. The standard building height for projects shall be up to four stories or 45 feet. b. Increased building heights above four stories or 45 feet may be considered up to six stories or 65 feet, if height mitigation measures such as a building stepback(as illustrated in Figure 2 and Figure 2a) or setback are proposed and approved by the community City of Cape Canaveral Ordinance No.07-2015 Page 10 of 19 appearance board. Buildings exceeding 45 feet shall provide a stepback of at least 14 feet along all sides facing a public roadway. c. Increased building heights above 65 feet may be considered pursuant to a Planned Development(PD)approved by the city council on a case-by-case basis. Building heights above 65 feet shall provide additional stepbacks of at least 14 feet each, at each four story interval or fraction thereof, along all sides facing a public roadway. d. Any single-story structure in which the floor to ceiling height exceeds 15 feet or the exterior façade height exceeds 25 feet, shall be designed to appear like a multistory structure. Exceptions to this requirement may be reviewed and considered for approval by the community appearance board based pursuant to requirements of this article. If ^s_ • Figure 2. Building Height q R rte,, Figure 2a.Building Height-Stepback Sec. 110-625.-Building setbacks and Building Zones. (1) Building setbacks. Buildings shall be setback from the right-of-way a sufficient distance to City of Cape Canaveral Ordinance No.07-2015 Page 11 of 19 encourage pedestrian activity. a. Building setback along AlA shall be a minimum of 15 feet. b. Building setback along all other public streets shall be a minimum of ten feet. c. Except as noted above for stepbacks,building setbacks for the side and rear lot lines shall be a minimum of ten feet. d. Where adopted Fire Codes exceed these standards, the greater setback distances shall apply. (2) Building Zones Building Zones as defined in Sec. 110-592 defines the limits of where the building façade must be located in relation to the right of way line and/or property line. a. The Primary Building Zone (Zone 1) is the area of the building extending from the facade to a depth of ten feet (see Figure 3 and Figure 3a 625-1). b. The Secondary Building Zone (Zone 2) is the area of the building extending from the rear of the Primary Building Zone to a depth of ten feet (see Figure 3 and also Figure 3a). : 1 '81-‘4 F-`-04 -----___„•pay, �4r�. ; • - — — — /__ _?_ ,k z G0) ,T ,(,,.)} f� \, K 15 J t12.0..wy J Cw ;ErcwA4g`f `^ 5 okc ,-,NF;Tom, —14K Figure 3. Building Zone Diagram City of Cape Canaveral Ordinance No.07-2015 Page 12 of 19 :4' I � F Figure 3a. Building Height-Stepback Sec. 110-626. —Building Frontage Building Frontage is the percentage of the width of a lot that is required to be occupied by the building's façade within both the Primary and Secondary Building Zone. a. The maximum building frontage shall not exceed 90 percent of the lot width subject to provision of access as provided in sub-section (bc)below. and he pr,videa f l o•v : b. Primary Building Zones: i. Within the Primary Building Zone (Zone 1), - - • . .• . . . - : a minimum of 50 percent and a maximum of 75 percent of the 'nth building facade shall be provided. ii. The remaining building façade width shall be located within the Secondary Building Zone (Zone 2). c. A minimum 24 foot access from the primary street shall be required which provides access to parking areas, service areas and or adjacent properties. Where access to the subject property is not provided from the primary street this distance may be reduced to 10 feet and include a public space such as a plaza,pedestrian connection, sidewalk, arcade or similar feature. This area shall not include a wall or other similar feature which creates the appearance of a continuous wall section. City of Cape Canaveral Ordinance No. 07-2015 Page 13 of 19 I d. The location of the primary facade's principal plane shall not be changed by façade extensions such as bay windows, awnings, porches, balconies, stoops, colonnades, or arcades, or by upper stories that are closer to or further from the street. e. The width of a porte-cochere may be counted as part of the primary façade. f. Modifications from these standards maybe considered pursuant to a Planned Development (PD) approved by the city council on a case-by-case basis. Sec. 110-6267.- Project size. (1) All uses within a project shall be sized to provide sufficient building setback and to encourage a pedestrian-oriented environment. a. All uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of the underlying zoning district. b. There shall be no minimum lot size for hotel development within the AlA Economic District. However, there shall be a minimum of 150 units that must be constructed at the same time. c. Building setback, lot coverage and developments that are inconsistent with these requirements may be approved pursuant to a planned development (PD) approved by the city council on a case-by-case basis. Sec. 110-6278.-Lot coverage. (1) Buildings and accessory structures shall be sized to maximize the efficient use of the lot. a. Lot coverage (as defined in section 110-1) shall be no more than 80 percent of the developable land area provided the setback,stormwater and landscaping requirements are met. Sec. 110-6289.- On-site circulation. (1) Provide easy sidewalk access for pedestrians by locating vehicle access and loading areas where there will be minimal physical or visual impact on pedestrians, the flow of traffic, and/or adjacent uses. a. All vehicular entrances shall, to the maximum extent possible, be located off of a side street or an alley in order to minimize pedestrian and vehicular conflicts. b. Walkways for pedestrian access shall be provided between parking areas and the project. c. Passenger loading zones located on the street shall not impede foot traffic or sidewalks. City of Cape Canaveral Ordinance No.07-2015 Page 14 of 19 d. Parking lots and structures shall be designed to provide safe pedestrian circulation between parked vehicles and the primary building through the use of clearly marked pedestrian walkways, stop signs, speed bumps, lighting, or other similar measures. e. Pedestrian and vehicular connectivity shall be provided between parcels and a reduction to the need for additional, future curb cuts, and other means of cross access to adjacent parcels shall be encouraged. * * * Sec. 110-62930. - Utility and service areas. (1) Utilities, storage areas, mechanical equipment, fire alarms, sprinklers and other service areas shall be located so that they are not visible from the public right-of-way. a. Storage areas and mechanical equipment installed as part of a new project shall be placed to the rear of the site and screened from public view by the use of landscaping, wall or other similar buffer. b. Utilities shall be constructed and installed underground per section 110-482. c. Roof-top equipment shall be screened from view on all sides by an appropriate architectural treatment such as a parapet wall or other architectural feature. Secs. 110-6301-110-640.- Reserved. * * * Sec. 110-644.-Building continuity. (1) Maintain building openings that enhance building design and continuity, as well as the pedestrian experience. a. Buildings shall be generally designed to maintain a continuous street wall along the length of a block except to accommodate building articulation pursuant to section 110-643 and maximum building frontage standards pursuant to section 110-626. * * * Sec. 110-654.-Awnings and canopies. (1) Add awnings or canopies to provide variation to simple storefront designs in order to establish a horizontal rhythm between structures where none exists and add color to a storefront. a. The size, scale and color of the awnings shall be compatible with the rest of the building and shall be designed as an integral part of the building architecture. City of Cape Canaveral Ordinance No.07-2015 Page 15 of 19 b. Awnings and canopies shall be constructed of high quality, substantial materials which must be durable and fade resistant and maintained in good condition and replaced periodically. c. Canopies and awnings that span an entire building are discouraged. The careful spacing of awnings that highlight certain features of a storefront or entryway is encouraged. d. Canopies and awnings shall be located a minimum of eight feet above the sidewalk. Canopies and awnings may extend into the required setbacks by up to 50 percent of the required setback providing they do not impede pedestrian flows and or restrict utility and drainage easements. * * * Sec. 110-669. - Surface parking. (1) Locate surface parking in the rear or side of buildings and provide pedestrian access from the parking to the building and street. However, due to the nature of certain uses, the Director of Community Development or designee may approve up to one row of parking between the front of a building and street. a. A surface parking lot adjacent to a public street shall conform to the landscape requirements detailed in Division 6 of this Article. * * * (1) Shared parking is encouraged within the district so as to provide an option to reduce the amount of land needed for parking and create opportunities for more compact development, more space for pedestrian circulation, or more open space and landscaping. Shared parking may be approved administratively on a case by case basis by the development review committee. a. Shared parking in commercial areas in the district shall be encouraged as part of the development-review process. b. Shared parking must be located on the same block as the land uses they are intended to serve or on opposite sides of an alley. c. As part of the approval process, the developer shall demonstrate that the two land uses have differing peak hour demand,or that the total parking demand at any one time would d. A shared parking agreement between the sharing property owners is required in order to Sec. 110-674 670.— Parking structures. City of Cape Canaveral Ordinance No. 07-2015 Page 16 of 19 (1) When a parking structure is included in a project, it shall be integrated into the overall design of a development. a. Parking structures shall be compatible with the main building through a consistency in building material, color and architectural defining features. * * * Sec. 110-687.- Project perimeter. (1) To create visual interest and transition on the project perimeter , a landscaped area shall be provided between the adjacent properties and the public right-of- way. a. The landscaped area shall be equal to the full linear length of the property and have a minimum depth of five (5) feet. b. At least fifty (50) percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of thirty (30) inches in height, with one (1) medium or large tree planted for each twenty-five (25) feet or fraction thereof of the linear property length, or one (1) small tree or palm tree planted for each fifteen (15) feet or fraction thereof of the linear property length. When locating trees, consideration shall be given to impact on underground and overhead utility lines. c. The layout of the required landscaped area shall be at the discretion of the owner, such that the required square footage may be aggregated to provide maximum aesthetic value. However, each perimeter requiring landscape must have at least fifty (50) percent of the required landscape along that perimeter. d. Unless otherwise expressly required by this article,the Community Development Director may exempt a perimeter boundary from this section if he determines that the perimeter boundary does not abut a public space, including, but not limited to, a public road, sidewalk or park, and the perimeter boundary does not create any visual interest or transition on the perimeter between adjacent properties. e. Commercial parking facilities subject to section 110-690 are exempt from this section. * * * Sec. 110-689.- Surface parking lots. (1) Buffer off-street parking adjacent to a public right-of-way or residential buildings or residential zoned property with a landscaped barrier. City of Cape Canaveral Ordinance No.07-2015 Page 17 of 19 I a. Interior landscaping for off-street parking shall conform to the requirements of section 110-567 of this Code. b. Minimum landscape buffer width between the right-of-way and the parking or vehicular access area along Al A, Central Boulevard, and N. Atlantic Avenue shall be ten(10) feet and five(5) feet along all other streets. c. A knee wall which is at least 30 inches in height is required when an off-street parking area is located within 25 feet of the public right-of-way. d. A continuous landscape berm at an average height of thirty(30) inches from grade may be permitted in lieu of a required knee wall. e. A knee wall or berm may be fragmented, staggered,meandering or continuous. f. A knee wall or berm shall not obstruct any safe sight distance triangle. g. A knee wall shall be compatible with the architectural design, material, and color of the principal building of the project. h. Lighting shall not be used to create an attraction, distraction, or commercial signage intent to the wall or berm. i. For the purpose of this standard, a Mixed-use building which includes residential units shall not be defined or categorized as a residential building. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Signature page follows) City of Cape Canaveral Ordinance No.07-2015 Page 18 of 19 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of August, 2015. \yam I �``'i (a,' C.1:412716-A-10:94k_ '-- : v:, ROCKY RANDELS, Mayor ATTESt '� For Against litZ%> John Bond Scrnncl ANG A APPERS , City Clerk Bob Hoog X Buzz Petsos X Rocky Randels Mnri on Betty Walsh X 1st Legal Ad published:July 9,2015 First Reading:July 21,2015 2nd Legal Ad published:August 6,2015 Second Reading:August 18,2015 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 07-2015 Page 19 of 19