HomeMy WebLinkAboutP&Z Agenda Packet 2-24-2016PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
February 24, 2016
6:00 P.M.
AGENDA
CALL TO ORDER
ROLL CALL:
PUBLIC PARTICIPATION
Any member of the public may address any items that do not appear on the agenda and any
agenda item that is listed on the agenda for final official action by the Planning & Zoning
Board excluding public hearing items which are heard at the public hearing portion of the
meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and
quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes.
The Planning & Zoning Board will not take any action under the 'Reports and Open
Discussion" section of the agenda. The Planning & Zoning Board may schedule items not
on the agenda as regular items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: January 27, 2016.
2. Ouasi-Judicial and/or Public Hearin: Consideration and Recommendation to City
Staff Re: Site Plan Approval for the Aerial Adventure Park, per City Code of
Ordinances, Section 110-223 — Eric Robart, Applicant - (260 Cape Shores Circle).
3. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Final Plat Approval for RaceTmc, per City Code of Ordinances, Section
98-61 — Bowman Consulting, Applicant - (8899 Astronaut Boulevard).
4. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Site Plan Approval for Cape Caribe, Building 3, per City Code of
Ordinances, Section 110-223 — Mike Allen, P.E., Applicant - (1000 Shorewood
Drive).
5. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Site Plan Approval for Portside Plaza, per City Code of Ordinances,
Section 110-223 — David Menzel, P.E., Applicant - (8695 Astronaut Boulevard).
Planning & Zoning Board Meeting Agenda
February 24, 2016
Page 2
---- —----- ---------------------------------------------- —-------------- ------- -----------------
6. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Lot Split for Portside Plaza, per City Code of Ordinances, Section 98-
66 — David Menzel, P.E., Applicant - (8695 Astronaut Boulevard).
7. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. 00-2016, Amending Chapter 110, Zoning, Article I. In
General; Article IV. Special Exceptions; Article V. Nonconfomtities; Article VII.
Districts — City of Cape Canaveral - Applicant.
REPORTS AND OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Planning & Zoning Board with
respect to any matter considered at this meeting, that person will need a record of the
proceedings, and for such purpose that person may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend
this Public Meeting. The facility is accessible to the physically handicapped. Persons
with disabilities needing assistance to participate in the proceedings should contact the
Community Development Department (868-1222, ext. 15) 48 hours in advance of the
meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
January 27, 2016
A Meeting of the Planning & Zoning Board was held on January 27, 2016, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:00 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price
Lamar Russell
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
Brenda Defoe Surprenant
MEMBERS ABSENT
Ronald Friedman
OTHERS PRESENT
Jen Nix
Assistant Ci
David Dickey
Cojmmity Dc
Patsy Huffman
Board Sccretar
PUBLIC P.ANNIN&PATION:
None
NEW BUSINESS:
n,
1. Approval ofMCCtina Minks —Nov
Motion by Mr. Pear1l
18, 2015. Vote on the
2. Per Section 2-171 of the
elect a Chairperson and
each year.
Mr. Kittleson, to approve the Meeting Minutes of November
unanimously.
Code of Ordinances, the Planning and Zoning Board shall
e -Chairperson, by majority vote, at the first meeting held
Motion by Dr. Fredrickson, seconded by Mr. Kittleson to recommend John Price continue as
Chairperson. Vote on the motion carried unanimously.
Motion by Mr. Pearson, seconded by Mr. Price to recommend Lamar Russell continue as Vice
Chairperson. Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
January 27, 2016
3. OuasiJudicial and/or Public Hearing: Consideration and Recommendation to Board of
Adjustment Re: Special Exception No. 2016-02 to authorize a single-family home in the
C-1 zoning district, per City Code of Ordinances, Section 110-334, Special Exceptions
permissible by the Board of Adjustment — Matthew Olenick— Owner — (110 & 112 Ocean
Garden Lane).
Mr. Dickey introduced Assistant City Attorney Jen Nix to Board Members.
Mr. Dickey presented Staffs report/photos. This application is for approval of a Special Exception
for construction of a single-family home on lots 5 & 6 within the Ocean Gardens Wave One
subdivision.
The applicant is proposing to construct the home on two lots which are zoned C-1 and together
comprise .26 acres. Section 110-334 of the City Code requires approval of a Special Exception for
residential development in the C-1 zoning district. In addition, Code requires that standards
associated with the R-2 zoning district apply.
Sec. 110-39(c) of City Code establishes certain criteria that must be evaluated when a
recommendation to the Board of Adjustment is being considered. The proposal meets the
minimum standards.
The surrounding uses are primarily residential, although zoned commercial.
In March 1990, the Board of Adjustment approved Special Exception No. 90-2, which authorized
construction of townhomes within the Ocean Gardens subdivision. The majority of lots have been
utilized for townhome development. There have been two single-family homes built in this
subdivision. The first is located at 149 Ocean Garden Lane, built in 2004. The second is located at
135 Ocean Garden Lane, built in 2006. These are not adjacent to 110 or 112 Ocean Garden Lane.
Staff recommends approval of Special Exception No. 2016-02 to the Board of Adjustment.
Staff continued the presentation by explaining how the structure will sit on the lots, meeting the
setback requirements and criteria as follows:
1. Land Use and Zoning
a. Is the requested Special Exception consistent with the intent of the Comprehensive Plan?
Yea.
b. Is the requested Special Exception consistent with the intent of the zoning district in
which it is sought? The proposed use is compatible with the uses in the area. The
use is compatible with adjacent residential uses.
c. Will the Special Exception meet all the requirements? Yes
Planning & Zoning Board
Meeting Minutes
January 27, 2016
2. Impact to Surrounding Properties
a. Will the traffic volume and type adversely impact land use activities in the immediate
vicinity? No. Traffic generated from the proposed use will generate less traffic.
b. Will the size and shape of the site, the proposed access, internal circulation and design
enhancements be adequate to accommodate the proposed scale and intensity of the
Special Exception requested? Yes
3. Public Services
a. Are adequate utilities available? Location and capacity. Yes. Public utilities are
available to the site.
4. Miscellaneous Impacts
a. Will the proposed Special Exception have an adverse impact on the natural environment,
including air, water and noise pollution, vegetation, wildlife, open space, noxious and
desirable vegetation and flood hazards? This proposal would allow development of
one of the few remaining undeveloped lots in this subdivision and is not anticipated
to have an adverse impact on the natural environment.
b. Will the proposed Special Exception have an adverse impact on historic, scenic and
cultural resources, including views and vistas, loss or degradation of cultural and
historic resources? No. This proposal would allow development of one of the
few remaining undeveloped lots in this subdivision and is not anticipated to have
an adverse impact on the cultural/historic environment.
c. Will the proposed Special Exception have an adverse impact on the local economy,
including governmental fiscal impact, employment and property values? No.
Development of the site will increase the assessed value of the subject parcel.
d. Will the proposed Special Exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood
quality? No. The proposed Special Exception is located within an existing
residential development and its construction will have a positive impact on
neighborhood quality.
Chris Sell, acting on behalf of the owner, felt Staff presented the request adequately.
Mr. Price opened the meeting to public participation.
Blake Damenon and Tim Maitland are in opposition to this request.
D. Shaffer, President of the Homeowner's Association until this past year, explained the process a
property owner must abide by when building a new home in this subdivision.
Planning & Zoning Board
Meeting Minutes
January 27, 2016
Discussion ensued to include riles and regulations governing the Homeowner's Association;
elevations; removal of Oak trees; possible replatting of the lots; clarification from the Board that
building a single-family home in the C-1 zoning district is what is being considered; criteria of the
Code and compatibility.
Staff gave further clarification to the Board that the item being considered should be addressed
when giving a recommendation. Mr. Dickey explained to the audience that the agenda and agenda
packet information is available on the City's website. He addressed further concerns made by the
participants.
The meeting was closed to public participation
Discussion ensued to include recommendations made by the Board; the Planning and Zoning
Board meeting is step one in the process and the Board takes the responsibility as decision makers
very seriously.
Motion by Mr. Pearson, seconded by Ms. Surprenant to recommend approval to the Board of
Adjustment. Vote on the motion carried unanimously.
REPORTS AND OPEN DISCUSSION:
Motion by Mr. Pearson, seconded by Mr. Russell to adjourn the meeting at 6:51 p.m. Vote on the
motion carried unanimously.
Approved on this day of .2016.
John Price, Chairperson
Patsy Huffman, Board Secretary
0 City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 02/24/2016
Item No. i+
Subject: Request for Site Plan Approval for proposed Cape Canaveral Aerial Adventure Park
located at 260 Cape Shores Circle.
Department: Community Development CD
Applicant/Owner: Eric Robart
Summary: This request is for Site Plan Approval for the proposed Cape Canaveral Aerial
Adventure Park located at 260 Cape Shores Circle.
The property is zoned C-1, which allows outdoor recreation as a permitted use. The project is
proposed on a 1.41 acre parcel which has access on AIA and Cape Shores Circle (Attachment
1). An existing structure (1,024 sq. ft.) will be converted to house the ticket counter, restrooms,
waiting lounge and merchandise area. The facility will employee approximately 15 people.
The parcel contains a number of large specimen trees that are proposed to be preserved to add
to the experience of the guests. As indicated on the site plan (Attachment 2), parking will be
located on the south and west sides of the property. The primary access point will be from AIA,
with a stabilized emergency access drive onto Cape Shores Circle. All City development
standards will be implemented during the permitting phase. The applicant has indicated that
there will be no stormwater permit required as there is minimal impervious surface resulting
from the proposed improvements.
As required by Section 110-221(1) of the City Code, any new commercial building must submit
an application for Site Plan Approval. Section 110-223 establishes the process that must be
followed. In general, the application is first reviewed by the various City review departments
to determine its consistency with applicable rules and regulations. The application is then
considered by the Planning and Zoning Board and a written recommendation is forwarded to
the Planning and Zoning Director for a final decision.
Section 110-222 of the City Code establishes criteria that must be addressed by the Site Plan
Application package. Attached is a Site Plan Checklist that inventories the submittal's
consistency with these criteria.
The site plan indicates 25 parking spaces. Water will be provided by the City of Cocoa (water)
and the City of Cape Canaveral (wastewater). Stonnwater will be retained onsite via a swale
system. The applicant has indicated that porous paving material is proposed to reduce the
amount of impervious surface. Applicable permits will be required prior to any development
activity.
In a memo dated February 11, 2016, John Pekar the City's consulting engineer, recommends
approval of the site plan. As required by Section 110-606, the Community Appearance Board,
on January 21, 2016, approved a Level 1 review for the proposed adventure park.
Upon Site Plan Approval, the next step will be to submit an application for a Site Development
Permit, then a Building Permit.
Planning and Zoning Board Meeting Date: 02/24/2016
Site Plan Approval — Aerial Adventure
Page 2 of 2
Submitting Director: David Dickey Date: 02/17/2016
1 — Aerial Adventure Location Map
2 - Aerial Adventure Site Plan (Full Size) — February 4, 2016
3 — Site Photos
4 — Photos of Park Elements
5 & 5a - John Pekar, P.E., memos — February 11 & 16, 2016
6 — Site Plan Checklist
the Planning and Zoning Board take
action(s):
Recommend approval of the Site Plan for the proposed Cape Canaveral Aerial Adventure
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JOHN A. PEKAR, P.E., LLC
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Cape C...], FL 32920
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February 11, 2016
TO: David Dickey; Patrice Huffman
FROM: John A. Pekar, PE
SUBJECT: 260 Cape Shores Drive — Aerial Adventures
Attachment 5
Based on our review of responses received today from David Menzel, PE, addressing our
comments of February 11, 2016, we hereby recommend City approval of the site plan.
Sincerely,
.41 z Com,__.
John A. Pekar, P.E.
JAP:rmf
February 16, 2016
TO: David Dickey; Patrice Huffman; Mike German
FROM: John A. Pekar, PE
SUBJECT: 260 Cape Shores Drive —Aerial Adventures
Attachment 5a
While we have reviewed and recommended City approval of Aerial.Adventures' site plan on
February 11, 2016, there are some "building elements" thatwill require City review prior to issuing
a Certificate of Occupancy.
These include the site building and structural designs for elevated platforms. The Owner has
informed the City these items will be sent under separate cover.
With the building plans, some site lighting and different garbage pickups might result
Sincerely,
-41 e 6-4.,
John A. Pekar, P.E.
JAP:rmf
JOHN A. PEKAR, P.E. tic
Civil Enpin�ainp/CenavYin9
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102 Columbia Drive
Saha 207
CApe Ceonver.1, FL 32920
Off,. Phoma 391-613-2959
CA Phone 321388 -IOW
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February 16, 2016
TO: David Dickey; Patrice Huffman; Mike German
FROM: John A. Pekar, PE
SUBJECT: 260 Cape Shores Drive —Aerial Adventures
Attachment 5a
While we have reviewed and recommended City approval of Aerial.Adventures' site plan on
February 11, 2016, there are some "building elements" thatwill require City review prior to issuing
a Certificate of Occupancy.
These include the site building and structural designs for elevated platforms. The Owner has
informed the City these items will be sent under separate cover.
With the building plans, some site lighting and different garbage pickups might result
Sincerely,
-41 e 6-4.,
John A. Pekar, P.E.
JAP:rmf
I
ATTACHMENT 6
SITE PLAN CHECKLIST
The following checklist has been prepared to assist in the preparation of a required site
plan. Please see Sec. 110-222 of the City code for a complete list of site plan criteria.
The drawing must be sealed and drawn to scale by an appropriately licensed design
professional, no greater than one inch to 50 feet, on sheets two feet by three feet,
showing the following site data:
Site Plan Information: C -'re C "eV'J A'`r'-V� av""O
General
Yes No N/A
Size, height, number of units and location of proposed and
existing structures.
✓ Dimensions.
Total gross area and percentage devoted to structures,
parking and landscaping.
Number of units.
✓ _ _ Traffic flow diagram to include total number and size of
parking spaces and loading zones.
Density (units per acre).
Location and dimension for the followina areas:
(if applicable)
Park(s)
✓ Canal(s)
V� Waterway(s)
Z Boat slip(s)
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
SITE PLAN CHECKLIST (Continued)
Page 2 of 4
Yes No
NIA
Sidewalks
✓
✓�
Parking
_ _
✓
Swimming pool(s)
✓ _
_
Driveway(s)
_/ _
✓
Recreation
✓
Trash
✓ _
_
Vicinity map
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
Sidewalks
_ _
✓�
Dune crossover(s)
_
Other (specify)
_ _
✓
Type of enclosure for communal trash container(s)
_/ _
_✓
Fire alarm and standpipe data
✓ _
_
Vicinity map
✓
Location of planned landscaping
Finished
arades for the followina:
✓ _
_
Entire parcel
✓
Finished floors
_
Streets
Parking lots
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
SITE PLAN CHECKLIST (Continued)
Page 3 of 4
Yes No N/A
Sidewalks
— _ 10 feet of adjoining property
Details. Sections, and Specifications:
V/ Street lights
V Water and sewer J+t& PA%, Lac L
RSA
Paving and drainage
Curbs
_ — Storm drains
t/ Ridawalke
/ _ — Engineers seal on drawings
Square footage of building areas:
— _ Living
— _ Parking
Other(soecifv)
Reauired notes:
Total under roof
Sidewalk and sanitary sewers to be constructed to City of
Cape Canaveral standards.
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
SITE PLAN CHECKLIST (Continued)
Page 4 of 4
Yes No N/A
Water lines to conform to City of Cocoa standards.
✓ Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
Topographic Survey:
USC and G.S. datum plane
_ Existing street lights
✓ Storm drainage design calculations.
Coastal construction setback line, where required.
Ten (10) hard copies of the drawings must be submitted with the application as well as
in electronic format (pdf).
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 02/24/2016
Item No. 3
Final Plat Approval — 8899 Astronaut
Petroleum, Inc.
Summary: The applicant is requesting (Attachment #1) Final Plat associated with the
redevelopment of the Cape Canaveral RaceTrac gas station located at 8899 Astronaut Boulevard.
The property is zoned C-1.
As described in the applicant's letter dated December 23, 2014 (Attachment #2), the overall
project includes the demolition of the existing improvements and the construction of a new 5,928
square foot convenience store including six additional fueling positions. The proposed plat has
been requested as the vacant parcel to the north will be added to the existing parcel to
accommodate a larger retention area.
Chapter 98, Article II of the City Code spells out the process by which the City will review and
approve a Final Plat. In general, the process consists of three steps: 1 — staff conducts a
preapplication meeting with the applicant to determine if the application is adequate; 2 — the
Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed
Final Plat; and, 3 — the City Council holds a public hearing and takes final action on the request.
The platting process is divided into two steps, preliminary and final. Once the City Council
approves the Preliminary Plat and prior to the issuance of a Certificate of Occupancy, a Final
Plat application shall be submitted for review and approval. The Final Plat approval process is
similar to the Preliminary Plat process in that the P&Z Board makes a recommendation to the
City Council who will approve the Final Plat via resolution. On October 28, 2015, the City
Planning & Zoning Board recommended approval of the Preliminary Plat with the City Council
granting its approval on December 15, 2015.
Sec. 98-58 & 59 of the City code outlines the required information that must be submitted as part
of the application for Final Plat approval. Including:
a) a completed application
b) a Final Plat consistent with F.S. Chapter 17
c) a filing fee
d) current title opinion
Attached is a memo dated March 9, 2016 (Attachment #3) from John Pekar, P.E., the City
Engineer, recommending approval of the Final Plat. The City Attorney's Office has also
reviewed the submitted materials for consistency with applicable rules/regulations.
Final Plat approval is generally granted once the proposed infrastructure improvements are
constructed. However, the applicant is requesting that the City award Final Plat prior to the
construction of any improvements on the site. The applicant has submitted the attached Hold
Harmless Agreement to release the City from any liability associated with the grant of Final Plat.
Planning and Zoning Board Meeting Date: 02/24/2016
RaceTrac Final Plat
Page 2 of 2
It has been pointed out to the applicant that a Special Exception will be required as part of the
redevelopment and that this approval may include conditions that could impact the Final Plat.
Specifically, the construction of a frontage road along Astronaut Boulevard. As there are no
1 - Final Plat Application
2 - Bowman Consulting Letter/December 23, 2014
3 - John Pekar, P.E. Memo — March 9, 2016
4 — City PWS Memo — February 10, 2016
5 — Final Plat
6 — Hold Harmless Agreement — February 2, 2016
Board take the following
action(s):
Recommend approval of the Final Plat to
ATTACh MENT 1
Final Plat Application Submittal Checklist
1. Completed Information Sheet.
2. A Power of Attorney, if applicant is not the owner
3. -Z Payment of filing fee and escrow deposit.
4. _�Z Copies of final plat. Initially submit only five (5) copies of the final plat for Staff review. After
Staff review and comments have been addressed, additional copies of the revised final plat
will be required before proceeding to the Planning and Zoning Board.
5._ Mylaror printable copy (upon Staff approval). (�� i'k'O'VID61>
t
FINAL- AAPOV AL. )
6. V Dedication Statements. ( oN (~ I N h t- )I -L A -T,)
7. WA Letter of credit, performance bond or certified check.
8. '1' Draft of protective covenants and if a Homeowner's Association, copies of the articles of
incorporation, declarations and restrictions, and bylaws.
9. ''" Current Title Opinion.
10.W Mortgagee Statements.
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Prelim. & Final Plat APP 1/2015
City of Cape Canaveral
Preliminary and Final Plat
Information Sheet
Date of Submittal: L I I I 1 n 1 b
Project name: Cape Canaveral RaceTrac - Final Plat
Project address (If not available, provide general location)
8899 Astronaut Blvd., Cape Canaveral, FL 32920
Legal description (attach legal) Please refer to the attached Legal Description.
FLU and Zoning designations: Low Density Commercial District - C-1
Owner(s) name: RaceTrac Petroleum Inc.
Owners) address: 3225 Cumberland Blvd., Suite 100 Atlanta GA 30339
Phone number(s): 770-431-7600
Email(s): smcQowanQracetrac,rom
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name: W I n PuftLEUM UC
Applicant address: 3325,ICuMgS(
.�_ 1ZLM-D MD ^tEgIDOfAT�A��,�A
Applicant phone number(s): J 10 - A;I — &DO X 11 .7O
Applicant email(s): w MCOMG.um
Signature (owner or applicant): +
Prelim. & Final Plat App 1/2015
City of Cape Canaveral
Preliminary and Final Plat
Information Sheet
Date of Submittal: 1.111 /;-O/ o
Project name: Cape Canaveral RaceTrac - Final Plat
Project address (if not available, provide general location)
8899 Astronaut Blvd., Cape Canaveral, FL 32920
Legal description (attach legal) Please refer to the attached Legal Description.
FLU and Zoning designations: Low Density Commercial District - C-1
Owner(s) name: Buger King Corporation
Owner(s) address: 5505 Blue Lagoon Drive Miami FL 33126
Phone number(s): 305-378-7822
Email(s): jgdil@whopper.com
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name:
Applicant address:
Applicant phone number(s):
Applicant smalls):
Signature (owner or applicant): -�
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Prelim. & Final Plat App 1/2015
ATTACHMENT 2
Bowman
C O N S U 1. T I N G
December 23, 2014
Ms. Patsy Huffman
110 Polk Ave.
Cape Canaveral, FL 32920
Re: Cape Canaveral RaceTrac
8899 Astronaut Boulevard
Cape Canaveral, FL. 32920
RaceTrac Petroleum Inc. respectfully requests a meeting with the Development Review
Committee on January 7th. Included with this letter is a preliminary site plan depicting proposed
improvements to the site and a Survey showing the existing conditions. Racetrac Petroleum
would like to discuss the process required to perform the following improvements to the Site:
• Acquire the neighboring vacant property to the north of the existing site (Parcel 1 on the
existing Survey) and combine it with the existing RaceTrac property.
• Demolish the existing 3000 square foot Convenience Store, associated parking, Canopy.
and Multi Product Dispensers.
• Construct a new 5,928 square foot Convenience Store.
• Reconfigure the parking and entrance drives as shown on the preliminary site plan.
• Install 6 additional fueling positions (3 additional Multi Product Dispensers).
• Reconfigure the on-site drainage as shown on the preliminary site plan.
If you have any questions or concerns please do not hesitate to call me in our Melbourne office
at 321-270-8992.
Nim Dail
Project Engineer
Bowman Consulting Group
I I JOHN A. PEKAR, P.E., LLC
CIvII Enpinanrbp/ConwXlnp
1a? Columbia Drive
Suim M7
Cape CaaevrrA, FL 32920
Off Pbnm, 3216132959
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March 9, 2015 Via E -Mail:
David Dickey
Planning & Zoning Director
City of Cape Canaveral
7510 N. Atlantic Ave.
Cape Canaveral, FL 32920-0326
Re: Review #2 of RaceTrac Proposed Modifications
Dear David:
ATTACHMENT3
D.Dickey@cityofcapecanaveral.org
P.H uffmant5icitvofcaoeca navera I.orK
In reviewing the February 27, 2015 submitted plat sheets for RaccTrac Petroleum, Inc. we
recommend City Council approval.
Sincerely,
John A. Pekar, P.E.
JAP:rmf
ATTACHMENT4
Memo
TO:
Patsy Huffman
DRC Coordinator
VIA:
Joyce Muse
PWS Director
FROM:
Jeff Ratliff
PWS Deputy Director
DATE:
02/10/16
RE:
Preliminary and Final Plat
RaceTrac Petroleum Renovation
Public Works Services has reviewed the referenced Preliminary and Final Plat and has
the following comments:
1). The dedication language on the surveyor's drawing should reference the City of Cape
Canaveral — not Brevard County. The property is located within the limits of the City of
Cape Canaveral.
2). The language used to describe the existing easements located within Lot 2 needs
further explanation. "No other easements are dedicated or granted to the public,......"
HOLD HARMLESS AGREEMENT
February 2, 2016
David Dickey
Community Development Director
City of Cape Canaveral
110 Polk Avenue
Cape Canaveral, FL 32920
Re: Hold Harmless Agreement For:
RaceTrac Petroleum, Inc.
8899 Astronaut Boulevard
Final PI
Dear W. Dickey:
RaceTrac Petroleum, Inc., a Georgia corporation ("RaceTrac") is the fee simple owner of
certain real property located at 8899 Astronaut Blvd. in Cape Canaveral, Florida, and has
submitted a final plat of the Property and adjacent parcel (collectively, the "Property") to
the City (the "Final Plat").
RaceTrac hereby acknowledges that City approval of the Final Plat prior to any special
exception request for the Property (the `Special Exception") might trigger the need for a
subsequent amendment of the Final Plat. RaceTrac agrees to holdharmless and
indemnify the City of Cape Canaveral, its agents, and employees, and elected and
appointed officials, from and againstall claims, damages, losses, expenses, suits, actions,
or possible liability, whether in law or in equity, including costs and attorney's fees (and
costs and attorney's fees on appeal) resulting in any way from theapproval of the Final
Plat prior to approval of any Special Exception.
As a part of the above agreement, RaceTrac acknowledge that it is the responsibility of
RaceTrac to pursue the Special Exception, should one be requested, and acknowledges
that no representation or guarantee of approval of the Special Exception has been made
by the City of Cape Canaveral, its agents and employees, or elected and appointed
officials. Further, RaceTrac acknowledges that any subsequent approval of a Special
Exception may include conditions that require amendment of the Final Plat. RaceTrac
understands this risk and agrees to totally assume such risk and hold the City harmless as
outlined above.
In addition, RaceTrac understands that it
imposed by Federal, State, Regional, and
Canaveral.
X2936=7- N W75851.1
must comply with all other requirements
County governments and the City of Cape
ATTACHMENTS
By signature below, the undersigned hereby binds RaceTrac to this Hold Harmless
Agreement and further indicates that he/she has the authority to do so.
WITNESSES:
Stately _
County of CtPAVS
RAC TRAOLEUM, INC.,
a 3e(0'a
corporation
sy:
Name:
Bill Mail .aaaaa
Title:
Preside(&. PETRO;ah,.
SEAL
The foregoing instrument was acknowledged before me this enc/ day of
2016,by J/b. , ,as
of RACETRAC PETROLEUM, INC., a
Georgia corporation, on behalf of the corporation. He is personally known to me or
produced as identification.
No%Ti
S
6[1C gma/
Si n
Signature of Notary Signature of PubkV
Y, GEOV'''
APPROVED AS TO FORM AND
,,P1
;uaulr"
LEGALMY
For the use and reliance of the City of Cape
Canaveral, Florida only
February , 2016
Name:
CITY ATTORNEY
CAPE CANAVERAL, FLORIDA
Accepted:
David Dickey
Community Development Director
1291621]-# WSW v1
? "� City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 0/24/2016
4Item No.
Subject: Request for Site Plan Modification for Building 3 of the Cape Caribe resort
located at 1000 Shorewood Drive.
Club Vacations
Summary: This request is for a modification to the approved site plan for the Cape Caribe
development which is located at 1000 Shorewood Drive (see Attachment 1).
A site plan for the project was originally approved in June of 2001, for the development of a
phased hotel and resort condominium buildings and related amenities. In March of 2010, the
City approved a revised site plan which includes seven buildings containing 600 hotel and resort
condominium units (see Attachment 2). In 2014, a Binding Development Agreement was
amended to reduce the size (number of units) of Buildings 4 and 5 and add a Building 8. To
date, only Buildings 1 (hotel is 150 units) and 2, which include 206 units, have been constructed.
Building 3 was to include a total of 40 units — 32 units with 8 lockouts. The proposed
modification to the approved site plan would increase the number of units to 42. In addition, a
passive pool is being proposed just west of Building 3 (see Attachment 3). Note that the total
number of units does not affect the approved number of units per the Binding Developers
Agreement as amended (January 2014).
Section 110-222 of the City Code establishes criteria that must be addressed by the Site Plan
Application package. Attached is a Site Plan Checklist that inventories the submittal's
consistency with these criteria.
The request was considered by the City's Development Review Committee in May of 2015. A
number of revisions were made due to recommendations from the DRC and it is now being
recommended for approval (see attached approval memos).
Upon Site Plan Approval, the next step will be to submit an application for a Site Development
Permit, then a Building Permit.
Submitting Director: David Dickey Date: 02/17/2016
1— Project Location Map
2 — Overall Site Plan
3 — Building 3 Site Plan
4 - John Pekar, P.E., memo — November 11, 2015
5 — Jeff Ratliff memo — November 9, 2015
6 — John Cunningham email — November 17, 2015
7 — Site Plan Checklist
Planning and Zoning Board Meeting Date: 02/24/2016
Site Plan Approval — Cape Caribe, Building 3
Page 2 of 2
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of the modification to the approved Site Plan for Building 3 of the
Cape Caribe project located at 1000 Shorewood Drive.
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ATTACHMENTA
JOHN A. PEKAR, P.E., LLC
CIAI Englnuring/Conc�Mlny
102 U..W. Drive
Sul¢ 207
CepeCmaven 1, FL 32920
On Pho 3216132959
fsa Fh .! 321-289-1090
Y+b^P°LneP°+°.Emaa.oem
Pmi Mare ,mi®one ul.wm
�gaL„-.d 9eiFan �r8 r�,emmg.. cuvm ®u l.soivevv
November 11, 2015
David Dickey
City of Cape Canaveral
110 Polk Avenue
Cape Canaveral, FL 32920
Re: Cape Caribe Building No. 3 — Site Plan Review
Our File #15.0010
Dear David:
We have reviewed the resubmitted site plan (dated November 5, 2015) for Cape Caribe Building
No. 3 and recommend City approval of the plan.
Sincerely,
.412 6r�
John A. Pekar, P.E.
JAP:rmf
ATTACHMENT 5
Memo
TO:
David Dickey
Public
Works Services
VIA:
Joyce Muse
Memo
TO:
David Dickey
Planning & Zoning Director
VIA:
Joyce Muse
PWS Director
FROM:
Jeff Ratliff
PWS Deputy Director
DATE:
11/09/15
RE:
Cape Caribe Building 3 Revised Site Plan Submittal
Public Works Services (PWS) has reviewed the revised Cape Caribe Building 3 Site Plan
Submittal and has no further comments. Please contact PWS Staff should you have any
questions.
David Dickey
From:
John Cunningham cjcunningham@ccvfd.org>
Sent:
Tuesday, November 17, 2015 8:34 AM
To:
David Dickey
Cc:
Michael German
Subject:
Re: Cape Caribe - Site Plan
David,
We have revived the site plan for Cape Caribe and have no further comments. Thank you
ATTACHMENT 6
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public -records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
ATTACHMENT 7
FEE: � 2,135.`° DATE: 4-22-2oW5
PROJECT NAME: l A2\0E V -5o27 - b,OL. 3
LEGAL DESCRIPTION: scc QTT4LN�[7
OWNER(S) NAME: "D"Vs4 1 -k -a r."A% unu-cto�XS
OWNER(S) ADDRESS: 8505 \.,I. \C2w 8aaasaa hEHo tea` l)wy,
V-%s's%"tt eCrc. Fl.! 34'141
PHONE NUMBER �40 1 395 - LoleL
NAME OF ARCHITECT/ENGINEER: "i AQi- Ate_ ,j IA. ,A eum"
PHONENUMBER: ("N21)
APPLICANT'S SIGNATURE:
OWNER OR AGENT
N1<-oA-1 S. A-- ,,i, Af�icNT HOL\DAV �N�
PHONENUMBER: (2310-153-1443 c.�3 vsut °K5
SM PLAN INFORMATION:
(General)
Yes No
N.A.
V/ _
_
Sue, height, number of units and location of proposed and
existing structures.
✓
Dimensions
Total gross area and percentage devoted to structures,
parking and landscaping.
✓ _
_
Number of units
Number of parking spaces and loading zones
Traffic flow diagram
Density (units per acre)
Location
and dimension for the following areas:
_ _
✓
Park(s)
✓
Canal(s)
✓
Waterway(s)
Boat slip(s)
Parking
Swimming pool(s)
✓ _
_
Driveway(s)
�/_
_
Recreation
Yes No N.A.
Finished ¢rades for the foliowhie:
✓
Trash
✓
Sidewalks
_ ✓
Dune crossovers -
_ _ ✓�
Other (specify)
Type of enclosure for communal trash container(s)
_
Fire alarm and standpipe data
Vicinity map
y/
Location of planned landscaping
Finished ¢rades for the foliowhie:
✓
Entire parcel
Finished floors
✓
_ Streets
✓
_ Parking lots
Sidewalks
_
10" of adjoining property
Details sections and specifications
�,
✓ Street lights
y/ _
Water and sewer
Yes No N.A.
✓ _ _ Paving and drainage
— — Curbs
— — Storm drains
✓ — — Sidewalks
✓ — — Engineer's seal on drawings
Scuare footage of building areas
✓ — — Living
✓ _ Parking
Other (specify)
✓ Total under roof
Reauired notes:
Sidewalk and sanitary sewers to be constructed to City of
Cape Canaveral standards
Water lines to conform to City of Cocoa standards
_✓ _ _ Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
TOPOGRAPHIC SURVEY
USC and G.S. datum plane
— — , Ea7sting street lights
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 02/24/2016
0 Item No. S
Subject: Request for Site Plan Approval for the Portside Plaza project located at 8695 Astronaut
Boulevard.
Department: Community Development (CD)
Applicant/Owner: David Menzel/Kyriacos and Marianthi Lagges
Summary: This request is for Site Plan Approval for the Portside Plaza project adjacent to
Astronaut Boulevard which has a PIN of 24-37-15-00-00778.0 (Lagges Property).
In June of 2014, the City issued a Building Permit for limited demolition work, removal of
partition walls, and associated work for the creation of a "cocktail lounge waiting area" (the
Preacher Bar) for the adjacent, pre-existing Kelsey's Restaurant. Together, these two tenants
have 166 seats, requiring 56 parking sites (I space per 3 seats). There are 45 on-site parking
spaces. The third tenant (Subway) on the Lagges Property has been allocated 9 spaces due to
its 27 seats. As such, there is a shortfall of 20 on-site parking spaces.
Through a temporary Lease Agreement dated January 22, 2015, the property owner secured 20
off-site, shared parking spaces to address the parking deficiency. It is a month-to-month lease
and is therefore considered temporary. As a result, the Preacher Bar is operating without a final
Certificate of Occupancy.
To provide a permanent solution to the parking deficiency, Lagges has contracted to purchase a
portion of the adjacent Baugher Property (PIN 24-37-15-00-00752.0) to construct additional
parking spaces. In anticipation of the closing, Lagges has submitted a site plan application to
reflect the boundary adjustment. Concurrent with this request, Lagges and Baugher have
submitted lot split and Unity of Title applications which will be considered by the City Council.
Section 110-223 of the City Code establishes the steps for site plan approval. In general, the
application is first reviewed by the various City review departments to determine its consistency
with applicable riles and regulations. The application is then considered by the Planning and
Zoning Board and a written recommendation is forwarded to the Planning and Zoning Director
for a final decision.
Section 110-222 of the City Code establishes criteria that must be addressed by the Site Plan
Application package. Attached is a Site Plan Checklist that inventories the submittal's
consistency with these criteria as well as an authorization letter signed by the owners of the
parcels subject to the request.
Utilities will be provided by the City of Cocoa (water) and the City of Cape Canaveral
(wastewater). Stormwater will be retained onsite via an underground vault system. Applicable
permits will be required prior to any development activity.
The City's Development Review Committee has reviewed the request and is recommending
approval (see attached department memos).
Planning and Zoning Board Meeting Date: 02/24/2016
Site Plan Approval — Portside Plaza
Page 2 of 2
conditioned on:
1. The City Council's approval of the Lot Split Resolution and Unity of Title request.
2. Lagges and Baugher completing the lot split transaction within 90 days of approval of
the Lot Split Resolution.
3. Lagges and Baugher submitting to the City fully executed Unity of Title documents for
recording within 90 days of the Lot Split Resolution.
4. Satisfying any other conditions of approval required by the City for the Unity of Title
and the Lot Split Resolution.
Submitting Director: David Dickey - X%) Date: 02/17/2016
1— Cape Canaveral Portside Plaza Site Plan Checklist
2 - Portside Plaza Site Plan
3 — John Pekar, P.E., memo — February 17, 2016
4 — John Cunningham email — October 28, 2015
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of the Site Plan for the Portside Plaza located at 8695 Astronaut
Boulevard as conditioned above.
ATTACHMENT 1
SITE PLAN CHECKLIST
The following checklist has been prepared to assist in the preparation of a required site
plan. Please see Sec. 110-222 of the City code for a complete list of site plan criteria.
The drawing must be sealed and drawn to scale by an appropriately licensed design
professional, no greater than one inch to 50 feet, on sheets two feet by three feet,
showing the following site data:
Site Plan Information:
General
Yes No N/A
Size, height, number of units and location of proposed and
existing structures.
\fit Dimensions.
V _ _ Total gross area and percentage devoted to structures,
parking and landscaping.
V Number of units.
_ Traffic flow diagram to include total number and size of
parking spaces and loading zones.
V Density (units per acre).
Location and dimension for the following areas:
(If applicable)
Park(s)
Canal(s)
Waterway(s)
Boat slip(s)
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
SITE PLAN CHECKLIST (Continued)
Page 2 of 4
Yes No N/A
y _ _ Parking
Swimming pool(s)
_ Driveway(s)
Recreation
Trash
Sidewalks
Dune crossover(s)
Other (specify)
Type of enclosure for communal trash container(s)
Fire alarm and standpipe data
Vicinity map
Location of planned landscaping
Finished grades for
the following:
_
Entire parcel
Finished floors
V
_ _
Streets
Parking lots
T:/Patsy/Site Plan/She Plan Checklist 4/2015
SITE PLAN CHECKLIST (Continued)
Page 3 of 4
Yes
No
\NIA
v
Sidewalks
\1
10 feet of adjoining property
Details. Sections.
and Specifications:
Street lights
\�!
V
Water and sewer
_ —
Paving and drainage
Curbs
Storm drains
_ V
Sidewalks
_ _
Engineer's seal on drawings
Square footage of building areas:
Living
Parking
Other (specify)
_
Total under roof
Reguired notes:
i ewalk and serti arrsewersto be constructed to City of
Cape Canaveral standards.
r
T:/Patsy/Site Plan/Site Plan Checklist 4/2015
SITE PLAN CHECKLIST (Continued)
Page 4 of 4
Yes No
N/A
Topographic
Survey:
V
— —
Water lines to conform to City of Cocoa standards.
Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
USC and G.S. datum plane
Existing street lights
Storm drainage design calculations.
Coastal construction setback line, where required.
Ten (10) hard copies of the drawings must be submitted with the application as well as
in electronic format (.pdf).
T:/Patsy/Site Plan/She Plan Checklist 4/2015
ATTACHMENT3
I I JOHN A. PEKAR, P.E., LLC
CINI Enpin..dn9�C<nsvYtnp
102 Columbia Drive
Suite 207
Cape Cmaverd, FL 32920
Ott« Phone: 321413-2959
Call Phov: 321-28&1060
y��J^hnPeh+rP�Bmea.com
�aAs--.ak 0^R^18.8. R®Nowe ,miiLo.e®pmN.em
wee Mnngq[r CeY Plnru: 3L-tB9HS9
February 17, 2016
TO: David Dickey; Patrice Huffman
FROM: John A. Pekar, PE
SUBJECT: Kelsey's Puking Modification
Following discussions with Kelsey's consultant on our February 10, 2016 comments, and their
written responses dated February 16, 2016, we recommend City approval of the Kelsey's parking
lot modification.
If you have any further questions, please contact me.
Sincerely,
.=14euQ,
John A. Pekar, P.E.
JAP:rmf
ATTACHMENT 4
David Dickey
From:
John Cunningham <jcunningham@cMd.org>
Sent
Wednesday, October 28, 2015 10:15 AM
To:
Patrice Huffman; John Pekar, Joyce Muse; Michael German
cc
David Dickey
Subject
RE Kelsey's Parking
We have reviewed the site plan and have no comments at this time.
From: Patrice Huffman [mailto:P.Huffman@cityofcapecanaveral.orgj
Sem: Tuesday, October 27, 201512:35 PM
To: John Pekar <johnpekarpe@gmail.com>; Joyce Muse U.Muse@cityofcapecanaveral.org>; John Cunningham
<jcunningham@ccvfd.org>; Michael German <M.German@cityofcapecanaveral.org>
Cc: David Dickey<D.Dickey@cityofwpecanaveral,org>
Subject: Kelsey's Parking (drainage info. submitted)
Importance: High
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses arc public records. If you do not want your email
address released in response to a public -records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your entail
address released in response to a public -records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
ATTACHMENT 5
January 11, 2016
Todd Morley
Economic Development Director
City of Cape Canaveral
P.O. Box 326,
Cape Canaveral, FL 32920-0326
Reference Kelsey/Baugher Joint Site Plan Application for Kelsey Plaza
Todd:
Per our discussion this letters conveys written permission from me, Robert A Baugher, Trustee and
Kyriacos 1 and Marianthi Lagges, Trustee for Dave Menzel, P. E., of MAI Design Build to file jointly as
property owners for a site plan for Kelsey Plaza. The lots filing for site plan by us are identified as Tax
ID# 2430841(Baugher) and Tax ID#2430865 (Kelsey Plaza/Lagges).
Sincerely,
R . Baug rTrustee
l,Kydac gges Tru t€e �
Madanthi gges Trustee
Cc
David Dickey, Director Community Development, CC
Michael Geman, Building Official, CC _
Dave Menzel, MIA Design Build
Subject:
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 02/24/2016
Item No. (g2
—8695
Summary: The applicant is requesting approval for two lot splits for properties located on
Astronaut Boulevard north of Thutm Boulevard. The subject properties include the Portside
Plaza (Lagges parcel) and the parcel immediately south (Baugher parcel). Both parcels are
zoned C-1. According to the Brevard County Property Appraiser's website, the Lagges parcel
is .85 acres in size with the Baugher parcel being .82 acres. Upon completion of the lot split,
the Lagges parcel will be .96 acres and the Baugher parcel will be .69 acres.
In June of 2014, the City issued a Building Permit for limited demolition work, removal of
partition walls, and associated work for the creation of a "cocktail lounge waiting area" (the
Preacher Bar) for the adjacent, pre-existing Kelsey's Restaurant which is located on the Lagges
parcel. Together, these two tenants have 166 seats, requiring 56 parking sites (1 space per 3
seats). There are 45 on-site parking spaces. The thud tenant (Subway) on the Lagges Property
has been allocated 9 spaces due to its 27 seats. As such, there is a shortfall of 20 on-site parking
spaces.
Through a temporary Lease Agreement dated January 22, 2015, Lagges secured 20 off-site,
shared parking spaces to address the parking deficiency. It is a month-to-month lease and is
therefore considered temporary. As a result, the Preacher Bar is operating without a final
Certificate of Occupancy.
To provide a permanent solution to the parking deficiency, Lagges has contracted to purchase a
portion of the adjacent Baugher Property (PIN 24-37-15-00-00752.0) to construct additional
parking spaces. To that end, a Lot Split application has been submitted by Lagges and Baugher
to create two new lots of record (Attachment 3). The subsequent lots will meet minimum
requirements of the City Code and are consistent with the City's Comprehensive Plan
In 2010, the City amended its code to provide for a `lot split" which allows a one-time division
of a parcel resulting in the creation of one additional parcel. This new process consolidated the
previous 2 -step process (preliminary & final plat approval) into one step. The approval process
is the same with the P&Z Board making a recommendation to the City Council.
The Code establishes four review criteria that must be met prior to receiving approval. They
are:
1. The proposed lot split is in compliance with the provisions of this article (Article II) and
applicable law.
2. The application is consistent with the city's comprehensive plan.
3. The application does not create any lots, tracts of land or developments that do not
conform to the City Code
Planning and Zoning Board Meeting Date: 02/24/2016
Portside Plaza Lot Split
Page 2 of 2
The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
Staff is recommending that the Planning & Zoning Board make a favorable recommendation on
the Lot Split requests which will be considered for final approval by the City Council concurrent
with a Unity of Title Resolution that is being prepared by the City Attorney's Office.
Submitting Director: David Dickey \-\1 Date: 02/17/2015
1— Site Aerial
2 — Lot Split Application
3- Leaal DescriDtions — C
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of the requested lot splits (as depicted in Attachment 3) to the City
Council.
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Attachment 2
City of Cape Canaveral
LOT SPLIT
Instruction Sheet
A pre -application meeting with Community Development Department Staff is
required prior to completion and submittal of the Lot Split application.
The lot split shall be prepared in compliance with the requirements of Chapter 98-66 of
the Code. To access the Code, visit citvofcapecenaveral.oro. Highlight City
Departments, highlight City Clerk, click on Code of Ordinances; click on Municipal Code
Corporation and this will take you to municode.com, then click on Cape Canaveral Code
of Ordinances.
Application submittal checklist
The following items must be included for there to be a complete and reviewable
submittal. if all items are not included at time of submittal, the application will not be
accepted for review.
1. y Completed Information Sheet.
2.Power of Attorney, if applicant is not the owner. 1Qb
3\\v Payment of application fee and escrow deposit.
4. V Copies of lot split plat completed according to Sec. 98-41. Initially submit only
six (6) copies of the lot split plat for Staff review. After Staff review and
comments have been addressed, additional copies of the revised lot split plat will
be required before proceeding to the Planning and Zoning Board.
5.\ A current Title Opinion of an attorney licensed in Florida or a certification by an
abstractor or a title company showing that record title to the land as described
and shown on the plat is in the name of the person or legal entity executing the
dedication. The Title Opinion or certification shall also show all mortgages not
satisfied, released or otherwise terminated by law, and shall be current within
\ 180 days of submittal.
6. ` Any access easements, dedication statements, etc.
Lot Split Application 1/2015 Page 2
City of Cape Canaveral
LOT SPLIT
Information Sheet
Date of Submittal:
Project name: kE 51;y5 P122/5—AIA AL61170WAJ -. PHRKINA
Project address (if not available, provide general
9.qASM/&A)7- i
Legal description: attach legal
V
FLU and Zonin�tit nS (�-f
Owner(s) name: AAGE $ LA446-� RDBEXT BAP61,45A 7i1ZJ67-
Owner(s)addre4 03 N. B/W R PV✓. . 2ZJP S. A7ZAIV776 AVF—.
GaoA )) A 3L`AG 1 3713J
Phone numberfs): 407' 794- - 0717 1 321- 6c/3 - '(a 95,
k C yJg p,OO. UAJ 1?Bgy PRA&DC000,9 9EAaPSt/Ry.OW
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name: X7;11,6 ; I3�CAIZE� 1 aF2'! A2&I & ��
Applicant address: o '/ 7 .5 M A) j/ )R r tl�� TL _T` �7 /i�E] )3. jmL ,f
Applicant phone number(s): � /_/b >S. - 2 �09 325,4,
Applicant
Signature
Lot Split Application 1/2015 Page 3
Florida Power of Attorney
I, Robert A eaugher Trustee
Do Hereby Appoint David T. Menzel. P.E. of MAI Design Build LLC
As my attomey-in-fact to act on my behalf for the following purpose of:
FI_le jointly as Property owners for a site Plan for Kelsey Plaza identified as Tag ID No
2430841.
This power of attorney shall take effect on lan/13/2016and will continue until Jt3 2017.
I do hereby grant my attorney in fact complete authority to act in any reasonable manner that
is necessary to execute the above mentioned powers that are granted.
I agree that any third party who is given a copy of this power of attorney may act relying on it. I
also agree that revocation of this power of attorney is effective as to a third party only upon
receipt of actual notice by the third party. I agree to indemnify the third party for any loss that
may be suffered while carrying out this power of attorney.
Witness Signature Date
Applicable Law
Power of Attorney.
iy
Date Owner Signature Date
Qo3rn L. CJlamr?�-eL..f
Print hY10. NolhYyG�
Print Name
State ofd
County of arnai
Before me, the undersigned authority, duly authorized to take acknowledgements and administer oaths,
personally appeared /cen
]o<ir A ttO� personally known to me to be the person described
above, who being by me first duty swam states that (His or Her) is the person who executed the foregoing
instrument for the reasons expressed therein.
Dated this I dayof -J-'9�
YPUBuc/
y"'1?1 wC MMISSILOM C My Commission Expires:
MY COMMISSION MFFdSai]0
41 EXNRES November 9,aa1]
FIi2139
0404 RAWW CFA '\
4AW414n,'^��.sa� A i'
�'ttY APP0.�
General Parcel Information
w e iynca vy orevero county Aoaress nssmnment for L-911 purposes and may not reflect the postal
romrnunlry name.
Owner Information Abbreviated Description
Owner Mame: BAUGHER, ROBERT A TRUSTEE
Sub
Name:
PART OF LOT 4 AS DES
IN ORB 469 PG 726
Second Mame:
Macke[ Value Total:',000
parcelT1S-00000.00
2.0-0
Millage Code:
26G0 Exemption:
U«Code:
1000
She Addrea: rax m:
2430841
w e iynca vy orevero county Aoaress nssmnment for L-911 purposes and may not reflect the postal
romrnunlry name.
Owner Information Abbreviated Description
Owner Mame: BAUGHER, ROBERT A TRUSTEE
Sub
Name:
PART OF LOT 4 AS DES
IN ORB 469 PG 726
Second Mame:
Macke[ Value Total:',000
$252,000
Mailing Address: 2210 S ATLANTIC AVE
city, State, zipcode: COCOA BCH FL 32931
Value Summary Iand rnfnrmatinn
13
Roll Year:[22,
2014
2015
Acres: 0.83
Macke[ Value Total:',000
$252,000
$252,000
Site code:
Agdculturai Market Value:0
0
0
Land Value: $252,000
Assessed YaluSchool:,000
$252,000
$252,000
3 4 1/30/1994 200 000
Assessed Value School:000
252 000
252 000
Homestead Exem tion:$0
$0
$0
Additional Homestead:2$0
$0
$0
Other Exem tions:l $0
$0
$0
Taxable Value Non-
sMoo1:3 $252,000 1$252,000
V
$252,000
Taxable Value SdmW,3 252 000
252 000
252 000
1: market value o established for ad vabmm purposes in accordance with s.193.011(I) and (8), Florida Statutes. This
value does not represent anticipated selling price for the property.
2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred.
3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to
Amendment J.
Sale Information
OMdal Record sale
Deed
Sala
Sale
Phyafaxl
Book/Paye Sale Date Amoun[
type
Soeee
Scmenin9
CAange Vacant/Improved
Code
Source
Code
3 4 1/30/1994 200 000
O
V
4 10 1 1989 95 000
V
30024 9 1 7989 59 300
V
2558/0798 11 11119841 75000
V
Sale screening and sate screening source codes are for assessment purposes only and have no bearing on potential
marketability of the property.
Data last Updated: Friday, November 20, 2035- Printed On: W<dnesday, January 13, 2016.
Florida Power of Attorney
I, Kyriacos J Laeees and Marianthi Laeges Trustees
Do Hereby Appoint David T. Menzel P.E. of MAI Design Build LLC
As my attorney-in-fact to act on my behalf for the following purpose of:
File jointly as property owners for a site Plan for Kelsey Plaza identified as Tax ID No
2430941.
This power of attorney shall take effect on Jan/13/2016, and will continue until X13 2017.
1 do hereby grant my attorney in fact complete authority to act in any reasonable manner that
is necessary to execute the above mentioned powers that are granted.
I agree that any third parry who is given a copy of this power of attorney may act relying on it. I
also agree that revocation of this power of attorney is effective as to a third party only upon
receipt of actual notice by the third party. I agree to indemnify the third parry for any loss that
may be suffered while carrying out this power of attorney.
Applicable Law
'GESS WHEREOF, I have raEuted this Power of Attorney.
l"'� 1 1/lS%4 i i!y
1 s Date Maranthi Lags Date R
natu to Pry�t N me
b,t
rlJt�ti_ (A��nn,'
ignature MIS Print Name
State of Florida
County of Brevar
Before me, the undersigned authority, dulyauthorized to take acknowledgements and administer oaths,
personally appeared Adrf[adtt. 4- Ky�d �.0 i . personally known to me to be the person described
above, who being by me first duly swam states that (His or Her) is the person who executed the foregoing
instrument for the reasons expressed therein.
Jt�
Dated this 1 day of an
1�Pt Pbe Lalami L. Stephens
+° `^ State of Florida oT rP
i ger
�My Commission Expires 0310512018
'r°rn Commission No. FF 99350
Y.141#r4 7P�rk1w KfnA %o se svxyo 0
Aiw"W COWUN, F4
APPPL'
General Parcel Information
Site Address is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect toe postal
community name.
Owner Information Ahhreviated nexnrintinn
owner Name: LAGGES KYRIACOS 3
24-37-15-00-
PART OF GOVT LOT 4 & S W
1/4 OF SE 114 AS DESC IN
ORB 1044 PG 890 & 2630
PG 694 PAR 811
Second Name: LAGGES, MARIANTHI TRUSTEES
1 Acres:
Parcel ID;
00778.0-0000.00
M111 eCode:
N 26G0 Exemption:11
use Code:
1110
Site Address;
18699 ASTRONAUT BLVD CAPE CANAVERAL 32920 tax ID:
2430865
Site Address is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect toe postal
community name.
Owner Information Ahhreviated nexnrintinn
owner Name: LAGGES KYRIACOS 3
Sub
Name:
PART OF GOVT LOT 4 & S W
1/4 OF SE 114 AS DESC IN
ORB 1044 PG 890 & 2630
PG 694 PAR 811
Second Name: LAGGES, MARIANTHI TRUSTEES
1 Acres:
Mailing Address: 1133 BARLOW AVE
City, State, zipcodee COCOA BCH FL 32931-3903
$731,000
Value Summary Land Information
Roll Year:
2013
2014
2015
1 Acres:
1 0.85
Market Value Total:' $710,000
$731,000
755,000
1 Site Code:
1 340
Agricultural Market Value:
0
0
0
Vacant/Improved
Assessed Value Non -School: $710e000 $731,000 $755,000
Asaeased Value School: $710,000 $731,000 $755,000
Homestead Exem on:1 $0 $0 $0
Additional Homeatead;l 0 $0 $0
Other E%em ns•1 0 0 0
ra%able Valee Non-Sahool:i 710 000 731,000 $755 000
Taxable Value 1:3 710 000 731 000 755 000
1: Market value is established for ad valorem purposes In accordance with s. 193.011(1) and (8), Florda Statutes. This
value does not represent anticipated selling price for the property.
2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred.
3: Toe Additional Homestead exemption does not apply when calculating taxable value for school datrltts pursuant to
Amendment 1.
Sale Information
of"" Rvea
Ux
Code
Sal.
Dead
Sale
Sale
Physical
Floors
[ode
Book/Page
Date
Amount
Typ.
Screening
Screening
Change
Vacant/Improved
1 03
03
Code
Source
Code
5456/7624
4/18/2005
$100
T
I
2
12 30 1996
$320,000
WD
I
31241244b
4/1/1991
235 000
P
I
256510482
12/1/1984
$95,000
WD
V
1044/0890
7/12/1968
156 000
WD
V
Sale screening and sale screening source codes are for assessment purposes only and have no bearing on Poh±rmal
marketability time property.
Buildino Information
PD[
I
Ux
Code
Year
Built
Story
Heigh
Pnme tactertor
Cods Code
Interior Roof
Code
Roof
atatedal
Floors
[ode
Ceiling
Code
1
1 1110
1 1999
1 14
1 03 1 03
1 03 log, lol
03,06
1 03
03
ATACHMENT3
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IN A PORTON OF SECTION 15. TOWNSHIP 24 SW'H,
RANGE 37 EAS„ BREVARD COUNTY, FLORIDA
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TAX PARCEL
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ATTACHMENT 3
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City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 2/24/2016
Item No. 7
Subject: Ordinance No. 00-2016 amending Chapter 110, Article 1. In General; Article IV.
Special Exceptions; Article VII. Districts; Article V. Nonconformities; and Article IX.
Supplementary District Regulations; providing for the repeal of prior inconsistent Ordinances
and Resolutions; incorporation into the Code; severability; and an effective date.
Summary: As reported in the Community Redevelopment Area Finding of Necessity completed
in August 2012, approximately 56 percent of the City meets the Florida Statute definition of
slum and blight. In addition, the Finding of Necessity states that:
...the median age of structures within the commerciallindustrial zones of the City is
over 40 years old. The largest number of buildings were constructed between 1956
and 1985, making many buildings over 50 years old. Several buildings within the area
were also observed to be in various states of disrepair. Therefore the functional life of
many of these buildings are nearing their end which require them to be razed in order
to meet current building codes and standards that may be conflicting with minimum
site plan standards.
The City is approximately 93 percent developed and the majority of future growth and
development will include a redevelopment component. Redevelopment can often be more
challenging than new construction and therefore a greater level of regulatory flexibility is
needed.
The City has taken the important first step of establishing an environment conducive to
redevelopment, including the creation and recent expansion of the AIA Economic Opportunity
Overlay District and the establishment of the Brownfield and the Community Redevelopment
Areas. Also, a number of strategic revisions to the Code of Ordinances, to include the
streamlining of development approvals, have been completed over the past few years.
However, to fully implement these goals, the City will need to continue the transformation of
how it regulates land use. To that end, staff has prepared a strategic and comprehensive revision
to certain sections of the Zoning Ordinance. Notably:
• Special Exceptions — currently, certain uses are only allowed through the Special
Exception process. This process was created as certain uses are not appropriate without
special consideration and/or conditions to ensure compatibility with surrounding
properties.
The proposed ordinance essentially eliminates (except for a select few) the special
exception process and replaces it with a system where uses would be permitted and
would be required to meet use -specific development regulations. This has necessitated
Planning and Zoning Board Meeting Date: 2/24/2016
Ord. No. 00-2016
Page 2 of 2
the proposed expansion of Article D: — Supplementary District Regulations, which
contains use -specific standards.
There are several uses that are proposed to remain as special exceptions, including
medical marijuana treatment centers and pain management clinics. Due to the nature of
these uses, it is proposed that a rigorous public process be maintained to allow ample
opportunity for public input.
• Nonconforming Densities —currently, if a nonconforming structure is destroyed (defined
as damage by any means such that the cost to repair or reconstruct exceeds 50 percent of
the fair market value), the structure is required to meet current codes — including density
requirements of the underlying zoning district.
As many of the residential structures in the City exceed density allowances, this
represents a significant impediment for investment into the City's housing stock. In other
words, what incentive does a property owner/investor have to improve a property when
it may result in the loss of units? This situation has resulted in the continued long-term
decline of the City's residential structures, property values, and ultimately ad valorem
revenue.
To combat this situation, a code change is being proposed that would allow
nonconforming residential densities - that were legally established at the time of
development - to continue should an owner wish to invest in a property in excess of 50
percent of its value.
No. 00-2016
The CD Staff recommends that the Planning and Zoning Board take the following
acdon(s):
Recommend approval of Ordinance No. 00-2016 to the City Council.
Date:
ATTACHMENT 1
ORDINANCE NO. -2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING, RELATED TO
SPECIAL EXCEPTIONS, NONCONFORMITIES, AND SUPPLEMENTARY
DISTRICT REGULATIONS; 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 VUL of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning and Land
Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future
development and growth and provide necessary regulations for same; and
WHEREAS, the City Council finds a need to modify the City Code to permit air conditioning and
pool related components within side and rear setbacks; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed
amendment at a duly noticed public hearing help on February 24, 2016, and said Board and City Staff have
recommended approval of this Ordinance; and
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to he in the
best interest of the public health, safety, and welfare of the citizens of Cape Canaveral,
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida,
as follows:
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 the City of Cape Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeeuf 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):
See Attachment A
See Attachment B
**a
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 competentjurisdiction, 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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of
BOB HOOG, Mayor
Attachment A
Sec. 110-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
service, full-service- and automated car washes and auto detailing services
Service station means a
speeified by this ehap4ef� small store that stocks a muse of everyday items such as groceries
snack foods, candy, toiletries, soft drinks tobacco products and newspapers (also known as
convenience stores). This type of facility may or may not include the sale of gasoline at fuelin
stations, but does not include auto repair.
Veterinary clinic means an establishment that has the necessary facilities for the examination
and treatment of animals but does not accommodate animals for more than 24 hours thereby not
Providing boardine services.
Veterinary hospital means an establishment that has all of the facilities available including
surgery, radiology, clinical pathology, dispensary and ward accommodation and provision for
surveillance of animals which includes boarding services
ARTICLE VII. - DISTRICTS
DIVISION 2. - R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. - Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the residency of single families and to enhance and maintain the
residential character and integrity of the area.
(Code 1981, § 637.01; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
Sec. 110-272. - Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per
lot or parcel.
Public and semipublic narks, playgrounds, plavfields, and recreation facilities without
li tin .
Public utility equipment: uses and rights-of-way essential to serve the neighborhood in
which it is located.
(Code 1981, § 637.03; Ord. No. 04-2007, § 2,6-19-07)
Sec. 110-274. - Reserved .
DIVISION 3. - R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-292. - Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
(5) Public utility equipment, uses and rights-of-way essential to serve the neighborhood in
which it is located.
(6) Public and nonprofit private schools with conventional curriculums; Public libraries.
(7) Churches and other places of worship: parish houses.
(8) Public safety structures and equipment such as fire substations. civil defense facilities
and the like.
(9) Public and semipublic Parks Playgrounds Playfields and recreation facilities
(10)Child care facilities licensed and operated consistent with Florida law, subiect to the
following conditions:
a The child care facility must be located in a multifamily complex and any such
complex shall not be an age -restricted community:
b There shall be an adequate dropoff and pickup area onsite located outside of the
public right-of-way;
c One parking space per employee plus one parking space for every eight children shall
be required with a minimum of five total spaces:
d. Adequate visual screening and noise buffers from adjacent areas shall be provided
e Each application for a special exception under this subsection shall be accompanied
by a site plan drawn to scale depicting the child care building dropoff and pickup
area parking, play area and adjacent buildings
f Adequate lighting in the pickup and dropoff area shall be provided
For purposes of this subsection, the term "child care facility" shall not include a "family day
care home." as defined by Florida law.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential
acre.
(Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96; Ord. No. 04-2007, § 2, 6-19-07)
Sec. 110-294. — Reserved
DMSION 4. - R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. - Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and
other restrictions are intended to promote and protect medium density residential development
maintaining an adequate amount of open space for such development. Further, the previsions
herein are intended to promote areas free from congestion and overpopulation, to promote the
residency of families and to enhance and maintain the residential character and integrity of the
area.
(Code 1981, § 637.29; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
Sec. 110-312. - Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
(5) Public utility equipment: uses and rights-of-way essential to serve the neighborhood in
which it is located.
(6) Public and nonprofit private schools with conventional curriculums: public libraries
(7) Churches and other places of worship; parish houses
(8) Public safety structures and equipment, such as fire substations, civil defense facilities
and the like.
(9) Public and seminublic parks, playgrounds, playfields and recreation facilities
(10) Assisted living facilities, subiect to the requirements of section 110-488
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential
acre.
(Code 1981, § 637.31; Ord. No. 17-96, § 2, 10-1-96; Ord. No. 04-2007, § 2, 6-19-07)
Sec. 110-314. - Reserved .
(1) Publie utility w ' uses and fights of way essential to sen -e the �.v�......
DIVISION 5. - C-1 LOW DENSITY COMMERCIAL DISTRICT
Sec. 110-332. - Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(1) Shopping Centers, Retail stores, sales and display moms, subject to Section 110-459
(2) Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops and similar uses.
(3) Professional offices, studios, medical or dental clinics, laboratories, general offices,
business schools and similar uses.
(4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than
30 rental units per net acre nor shall a rental unit have a floor area less than 300 square
feet. Hotel and motel units containing provisions for cooking or light housekeeping shall
have a minimum floor area not less than 400 square feet. Motels and hotels may not be
converted to other types of dwellings at more than the density required in this chapter for
such dwellings.
(5) Restaurants.
(6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals,
medical or dental clinics, mortuaries, funeral homes, government offices, schools,
churches and similar uses.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving ranges, bowling alleys and similar uses.
(9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be
contained in the required setbacks.
(10)Repair service establishments, such as household appliances, radio and TV and similar
uses, but not including automobile repairs.
(I I) Kindergartens and child cue facilities.
(12) Shopping eentem and malls.
(132) Retail We of beer and wine for off -premises consumption.
(13) Public schools.
(15) r
(14) Veterinary clinics.
(15) Assisted living facilities subject to the requirements of section 110-488
(16) Places in which goods are produced and sold at retail upon the premises.
(17) Vocational and trade schools not involving operations of an industrial nature
O Sinele-ierttilY--dc e1:=,:_,. ..- e_ma., dwellings. townheuses or _..i.:_i,. f . tiW
f}\NP111i1e�FffBNidB�hsmA,w,f—th9Fe ARIA not b a'--l!'ng
(18)Public utility euuipmenY uses and rights-of-way essential to serve the neighborhood in
which it is located.
(19) Carwashes including polishing and sale of related materials.
110 556 afthis Gade
(Code 1981, § 637.47; Ord. No. 17-96, § 3, 10-1-96; Ord. No. 04-2006, § 2, 6-20-06; Ord.
No. 04-2007, § 2, 6-19-07; Ord. No. 06-2011, § 2,10-18-11; Ord. No. 06-2012, § 2, 4-17-
12)
Sec. 110-334. -Special exceptions permissible by board of adjustment.
(a) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter
as necessary and appropriate in granting special exceptions.
(b) Special exceptions may be permitted for the following:
M
�1
(10) Single f f]L. A..011i...... ..... f. 4 J.....11:...... .....-L.......... OF MUlliple C :1.
dwellings; pfevided, lieweveF, them shall not he mefe than 15 dwelling units pef net
Highway em and s da. dwellingsexhibit nA . ached and G.11..: aed
:.b.::..vy :.v F uo uvpi"�hereto
L..-e:n Ly this -..0 . nee See Fequifemena n the D O .1:.....:..a A:.:..:..-
........J ...... ....... vuvv. vvv ...y.. ..,....,...., ... ury a. cvmar.orrsrv.�ancay.
(11)Resen,ed.
/40\ D. biie utility equipment; ....,sand fights ..0 .............a tial ae ..es. a the neighb .fhead in
wHieh it isleeated.
„.L ....m fill' .. LL_ .L_ __' and pe nd Fe.a: e studies, '
se_tien 10 OG at ..
(#, Pain management clinics, subject to the requirements of section 110-489 of this Code.
(4S ) Medical marijuana treatment centers, subject to the requirements of section 110-489
of this Code.
3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subject to section
110-171.
(Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord.
No. 17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 05-2013, § 2, 3-19-
13; Ord. No. 09-2014, § 2, 9-16-14)
DIVISION 86. - C-2 COMMERCIAUMANUFACTURING DISTRICT
Sec. 110-381. - Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are permitted:
I. Retail stores, sales and display rooms, and shopping centers.
2. Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops, daycare and similar uses.
3. Dry cleaning establishments using nonflammable solvents and cleaning fluids as
determined by the fire chief.
4. Professional offices, studios, medical and dental clinics, laboratories, general offices,
business schools, data processing and similar uses.
5. Banks and financial institutions.
6. Places in which goods are produced and sold at retail upon the premises.
7. Eating establishments Restaurants, bakeries and delicatessens.
8. Noncommercial public parks, commercial indoor playgrounds; clubs and lodges; cultural
facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding
crematories); government offices; schools; adult and youth centers; churches; reading
rooms and similar uses.
9. Vocational and trade schools not involving operations of an industrial nature, such as
truck driving schools.
10. Repair service establishments, such as household appliances, radio, television and similar
uses
11. Automotive repair facilities, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building, including
pump islands.
b. Underground storage is required for all receptacles for combustible materials in
excess of 55 gallons. Such storage shall comply with all Environmental Protection
Agency standards.
c. The accumulation and storage of waste petroleum products is forbidden, unless in
compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110-493
e. No repair facility shall be erected or located within 150 feet of the property line of
any church, hospital, school or park.
f. A visual screen, meeting the specifications of section 110-566, shall be provided
along any property line abutting a residential district or residential use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and
the like.
2. Exhaust system components, engine cooling components, automotive air
conditioning system components, braking system components, vehicle lighting
system components, radios, steering assembly parts, fuel system components
and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related materials.
5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar convenience goods for
repair facility customers.
7. Road maps, informational materials and restroom facilities.
h. Vehicles shall not be parked outside the building for more than four days, such four
days to be considered as an accumulated puking time, whether consecutive or
accumulated.
i. Uses permissible at a repair facility do not include body work, straightening of body
parts, painting, welding (other than minor repairs), storage of automobiles not in
operating condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in repair facilities. A repair
facility is not a body shop.
j. Automotive parts, new or used, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside the service bays.
m. A minimum of two enclosed service bays and a customer waiting area must be
provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks orjoints in the
pavement.
p. Landscaping shall conform to section 110-566
q. Repair facilities shall not be erected or located within 2,000 feet of the property line
of another repair facility.
12. Light manufacturing, including:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
1. Costume jewelry, costume novelties, buttons and notions.
m. Other similaruses.
(13) Veterinary hospitals and clinics.
(14) Radio and television studios, broadcasting towers and antennas.
(15)Commercial establishments which sell, dispense, serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subiect to section
110-171
(16)Retail stores using outside display areas subject to Sec 110-459.
(17)New and used automobiles major recreational equinment and mobile home sales with
accessory services, subject to the following:
a All outside areas where merchandise is displayed shall be paved.
b All ingress and egress points to abutting streets shall be marked clearly and placed
not closer than 150 feet apart on the same street.
c All servicing and repair activities except gasoline pumps shall be located in an
enclosed structure.
d There shall be no storaee of junked or wrecked automobiles, other than temporary
storage not to exceed 30 days and these vehicles shall be in an enclosed area and not
be visible from outside the property.
e Ingress and egress points shall not be placed so as to endanger pedestrian traffic.
th ff. shall not- be mare tI a15 dwellifie units aefnert-r mid "."`''..
shall net be pe kted an FFeiaeFEY-0)ene v
A—aEEeahed-heFBfetfnlFV xteeFaorefed-haretx-HY
Har
(18)Public utility equipment uses and rights-of-way essential to serve the neighborhood in
which it is located.
(19)Theatres drive-in theatres, photographic studios, bookstores and dance studios, unless
such uses fall within the scope and restrictions of section 10-86 et seq
(20) Carwashes, including polishing. and sale of related materials.
a_
(2 1) Assisted living facilities, subject to the requirements of section 110-488
(22) Plant nurseries and greenhouses provided that all outside display of merchandise are
contained within the required setbacks.
(23) Permanent and Temporary security living facilities subiect to an annual review and the
following:
a. Maximum size not to exceed 800 square feet.
b Security personnel only: no children allowed.
c Facility to be used exclusively for security purposes.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, 10-18-11)
Sec. 110-383. - Special exceptions pennissible by the board of adjustment.
----.
.tee
7. Resen�ed.
9. publie utility equipffiffiti Uses and Fights of way essential te Sen's the fieighbef4leed in
whieh it is leeated.
sue�h .. fall
ll ..:. a0.1.". the s upe anu Festu__tien.a0.eefi__ 10 et seq.
,
10. Garwashes, ........a....F, J.vuo.uug and oury ua femwmaaonuir
... .auui storage wnd stemge Op'Jp.F
12. Gammwei-4 establishments whieh sell, dispense, sen,e aF stefe ajoehelie beverages 0
whiehpemit ..,ef aleaheliebevemges an theiFpsubjeet to seet on
lit i7It
13. lfgL OR
F ffi,..l f ..ilia.. a .:ded In § 110 996 of this Cede
44. 1. Pain management clinics, subject to the requirements of section 110-489 of this
Code.
432. Medical marijuana treatment centers, subject to the requirements of section 110-
489 of this Code.
3. Commercial establishments which sell, dispense, serve or store alcoholic beveraees
or which permit the consumption of alcoholic beverages on their premises subject
to section 110-171.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2,3-4-03; Ord. No. 06-2011, § 2, 10-18-
11; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14)
DIVISION 7. - M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-352. -Principal uses and structures.
In the M-1 light industrial and research and development district, the following uses and
structures are permitted, provided any use or group of uses that are developed, either separately
or, if developed as a unit with certain site improvements, shared in common, meet requirements of
article Dt of this chapter:
(1) General offices, studios, medical and dental clinics, laboratories, data processing and
similar uses.
(2) Engineering, laboratory, scientific and research instrumentation and associated uses.
(3) Manufacturing of:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
1. Costume jewelry, costume novelties, buttons and notions.
m. Other similar uses.
(4) Ministorage and storage garages.
(5) Paint and body shops.
(6) Motor vehicle repair shops.
(7) Adult entertainment establishments and sexually oriented businesses, providing it
complies with the following provisions:
a. Definitions. Where applicable, words or phrases used in this subsection (7) shall be
defined according to chapter 10, article IV of the Cape Canaveral City Code.
b. Prohibited locations. Notwithstanding any other provision of the zoning ordinance
of the city, no person shall cause or permit the establishment of an adult
entertainment establishment or sexually oriented business within 1,000 feet of
another such establishment or within 1,000 feet of any pre-existing religious
institution, public park, public library, or any residentially zoned district (including,
but not limited to, R-1, R-2, R-3) or area designated residential on the city's
comprehensive plan future land use map. No person shall cause or permit the
establishment of an adult entertainment establishment or sexually oriented business
within 2,500 feet of an educational institution. No person shall cause or permit the
establishment of a public park, public library, residential land use, or religious
institution within 1,000 feet, or an educational institution within 2,500 feet, of an
existing adult entertainment establishment or sexually oriented business. This
provision shall also apply to adult entertainment establishments, sexually oriented
businesses, religious institutions, public parks, public libraries, educational
institutions and areas zoned or designated on a Comprehensive Plan for residential
use that lie outside of the city.
c. Permissible locations. Notwithstanding any other provisions of the zoning ordinance
of the city, except those contained in subparagraph b., prohibited locations, above,
adult entertainment establishments and sexually oriented businesses shall only be
allowed in the M-1 zoning district.
d. Measurement of distance. The distance between any two adult entertainment
establishments or sexually oriented businesses shall be measured in a straight line,
without regard to intervening structures, from the closest exterior structural wall of
each such establishment. The distance between any adult entertainment
establishment or sexually oriented business and any residentially zoned or designated
land, religious institution, public park, public library or educational institution shall
be measured in a straight line, without regard to intervening structures, from the
closest exterior structural wall of the adult entertainment establishment or sexually
oriented business to the nearest boundary of the area zoned or designated on the
comprehensive plan for residential use, or nearest property boundary of any religious
institution, public library, public park or educational institution.
e. Reserved.
f Variance. Upon written application duly filed with the city, the city council, may
grant a variance, with or without conditions and additional safeguards, to the distance
requirements of subparagraph b. above if it finds:
1. That the proposed use will not be contrary to the public interest, detrimental to
the public welfare, or injurious to nearby properties, and that the spirit and intent
of the zoning ordinance will be observed;
2. That all applicable provisions of this subsection and the city sexually oriented
business and adult entertainment establishment code will be observed;
3. That the proposed use will not be contrary to any adopted land use plan;
4 That special conditions and circumstances exist which are peculiar to the land,
building or proposed business which are not generally applicable to other lands,
buildings, or adult entertainment or sexually oriented businesses.
5. That the variance is the minimum variance that will make possible the
reasonable use of the subject land and building for the intended purpose; and
6. That the variance does not confer upon the applicant any special privilege.
(8) Vocational schools and colleges.
(9) Fireworks sales facilities subject to the following distance requirements:
a. They shall be at least 1,000 feet from any pre-existing fireworks sales facilities;
b. They shall be at least 1,000 feet from any pre-existing residential use or property
designated residential on the city's comprehensive plan future land use map and/or
official zoning map;
c. The distance shall be measured as the shortest linear distance between the property
line of the proposed fireworks sales facility and any pre-existing fireworks sales
facilities or any pre-existing residential use or property designated residential on the
city's comprehensive plan future land use map and/or official zoning map.
00) Breweries, with or without tasting rooms and associated retail sales.
(I I)Tattoo establishments and those body piercing establishments required to be licensed
under F.S. § 381.0075, provided however, no such establishment shall be permitted to
locate within 100 feet of any pre-existing residential use or any property designated
residential on the city's comprehensive plan future land use map and/or official zoning
map.
(12) Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building, including
island pump, but in no case shall a lot have less than 100 feet of street frontage.
b. Underground storage is required for all receptacles for combustible materials in excess
of 55 gallons. Such storage shall comply with all Environmental Protection Agency
standards.
c. The accumulation and storage of waste petroleum products is forbidden, unless in
compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110493.
e. No service stations shall be erected or located within 150 feet of the property line of
any church, hospital, school or park.
f. No main accessory building, and no gasoline pump shall be located within 25 feet of
the lot line of a property that is residentially zoned. A finished concrete wall of at least
8 feet in height shall be provided along any property line abutting a residential district
or residential use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring
and the like.
2. Exhaust system components, engine cooling components, automotive air
conditioning components, braking system components, vehicle lighting system
components, radios, steering assembly parts, fuel system components and the
like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related materials.
5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar convenience goods for
service station customers.
7. Road maps, informational materials, restroom facilities.
8. Truck and trailer rentals.
h.Vehicles shall not be parked outside the building for more than four days, such four
days to be considered as an accumulated parking time, whether consecutive or
accumulated.
i. Uses permissible at a service station do not include body work, straightening of body
parts, painting, welding (other than minor repairs), storage of automobiles not in
operating condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service stations. A service
station is not a body shop.
j. Automotive parts, new or used, shall not be stored outside.
k.Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside the service bays.
m. A minimum distance of 2,000 feet by shortest airline measurement shall be
maintained between the nearest point of a lot or lots used for filling stations or
automotive stations.
n.Lighting on a service station shall be so designed and installed so as to prevent glare
or excessive light on adjacent property. No source of illumination shall be allowed if
such source of illumination would be visible from a residentially -zoned district to the
extent that it interferes with the residential use of that area.
o.No gasoline pump shall be located within 25 feet of a street right-of-way line.
p.There shall be no more than ten (10) fueling positions (where one vehicle can be
accommodated for refueling) within any one filling station property or location,
whether said filling station is located on one lot or comprises more than one lot.
However, up to sixteen (16) fueling stations may be permitted on a single lot of at
least one acre with at least two -hundred and seventy-five feet of single street frontage.
(12)
Outside storage,
subject to Sec.
110-458.
(13)
Freight handling
facilities: transportation
terminals.
(14) Veterinary hospitals and clinics subject to the provisions designated in division 5 of this
article for the C-1 district.
(15) Recycling activities for the collection of nonhazardous materials, Provided that all storage
of such materials shall be in approved structures, containers or trailers.
(16)Radio and TV studios.
as set forth in the building code adopted in section 82-31
(18)Public utility equipment uses and rights-of-way essential to serve the neighborhood in
which it is located.
(19)Permanent and Temporary security living facilities subiect to an annual review and the
following:
a Maximum size not to exceed 800 square feet.
b. Security personnel only, no children allowed.
c. Facility to be used exclusively for security purposes.
(20) Restaurants.
(2 1) Public buildings and facilities.
(22) Vehicle rental facility, as provided in section 110-556 of this Code.
(23) Vocational and trade schools not involving Memtions of an industrial nature.
(24) Telecommunications towers, subject to the provisions of section 110-482
a. GenveveF Sy d 4 aeefit . pe14 G .J
h sxskim figthe .,_.Leel. _ . L., .. .,.e.i _ -.L .. uth
Bet dyyA%AAAd 10 feet in i:. -L. .. L....e leve.va ....h:., .. satb.,.J.
system 9 'n the setbaeks shah not be leeated within 750 feet fivin-aRY-adw
(25) Retail stores, sales and display rooms subject to Section 110-459.
(26) Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops and similar uses.
(27) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than
30 rental units per net acre nor shall a rental unit have a floor area less than 300 square
feet. Hotel and motel units containing provisions for cooking or light housekeeping shall
have a minimum floor area not less than 400 square feet. Motels and hotels may not be
converted to other types of dwellings at more than the density required in this chapter for
such dwellings.
(Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96; Ord. No. 17-96, § 4,10-1-96; Ord. No.
5-99, § 1, 9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. 08-2004, § 2, 5-4-04; Ord. No.
13-2004, § 4, 7-20-04; Ord. No. 03-2011, § 2, 5-17-11; Ord. No. 06-2011, § 2, 10-18-11;
Ord. No. 08-2012, § 2, 6-19-12)
Sec. 110-354. - Special exceptions permissible by board of adjustment.
(a) In the M-1 light industrial and research and development district, after public notice and
hearing, the board of adjustment may permit special exceptions which are compatible to
permitted uses and which are able to meet the minimum requirements and performance
standards as set forth in this zoning district.
(b) The board of adjustment may adjust setbacks and provisions of section 110-566 as deemed
necessary and appropriate in granting a special exception.
(c) Special exceptions may be granted for the following:
rel me..._e_.......eewit. s ,.:1:.:,... subj__' to annual _evict..
(4) um..aaa.stations,
9 1 d'..,..:...
lei Veterinary hospitals
(7) Radie and TAI studies.
(8) Shopping amtffs, pfavided the shopping eentff is en a minimum ton affe plot and has a
ml n.ad:e .blity equipment; uses and fights of _y essential to sene the _e:,. be_l.ead in
...>,:, d.:.:., l e e e. e d
(11) Restawants.
(12) publie budding.
e. Genveyef s5cstms in the setbaeks shall not be IPPAted within 750 feet fFam any athe
(-54) Pain management clinics, subject to the requirements of section 110-489 of this Code.
(162) Medical marijuana treatment centers, subject to the requirements of section 110489 of
this Code.
3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their nremises subiect to section
110-171.
(Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No.
8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. 01-2007, § 2, 2-20-07; Ord. No.
05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14)
ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS
DMSION 1. - GENERALLY
Sec. 110-456. - Application of performance standards.
(a) Any use, building, structure or land developed, constructed or used for any permitted principal
use or any use pennissible as a special exception or any accessory use shall comply with all
of the applicable performance standards set by federal state and county regulations
(b) If anv use or building or other structure is extended enlarged or reconstructed, the
performance standards involved shall apply with respect to such extended enlarged or
reconstructed portion of such use, building or other structure.
Sec. 110-457 - Service Stations
(a) A service station shall be of adequate width and depth to meet all setback requirements of
the district of which it is a partbut in no case shall a lot have less than 100 feet of street
frontage and a minimum lot area of not less than 22,500 square feet.
(b) Lighting on a service station shall be so designed and installed so as to prevent glare or
excessive light on adjacent property. No source of illumination shall be allowed if such
source of illumination would be visible from a residentially -zoned district to the extent that
it interferes with the residential use of that area.
(c) No main or accessory building and no gasoline pump shall be located within 25 feet of the
lot line of the property that is residentially zoned
(d) No gasoline pump shall be located within 25 feet of a street right-of-way line.
Sec. 110-458 - Outside Steraee
(a) Outdoor storage yards and lots including auto storage yards (but not scrap processing yards
or concrete batch mixing plants) if storage is completely enclosed by a six-foot fence or wall
not less than 95 percent opaque.
(b) All outside storage yards must also meet Section 110.566
Sec 110459 - Shopping Centers and Retail stores using outside display
(a) The area of outside display shall not exceed in size 10 percent or 2000 sf (whichever is
smaller) of the enclosed area of the principal structure.
(b) The outside display area shall be considered the same as the floor area for the pumose of
calculating offstrcet Parking, setbacks and lot wverage.
(c) Maintain minimum 5 foot sidewalk clearance for Pedestrians
(d) No customer parking or fire lanes shall be used
(e) No additional signage
(f) Outdoor display shall be permitted for up to 7 days.
(g) All outdoor display must maintain a minimum 5 foot sidewalk clearance
See. 110-460 - Mini-warehouse/Personal property storage facilities.
(a) Storage buildings shall be subdivided by permanent partitions into spaces wntaining not
more than 300 square feet each.
(b) Storage of goods shall be limited to Personal property with no retail sales service
establishments, offices, apartments (other than manager's office and apartment),
wmmercial distribution or warehousing allowed.
(c) The minimum lot size shall be not less than two acres.
it interfered with the residential use of that area.
(e) Minimum yard requirements:
(i) Front --30 feet.
(ii) Side and rear—Zero feet if adiacmt to a commercial district; 15 feet side vard and ten
feet rear yard if adiacmt to residential district.
(i) A landscaped area of not less than 20 square feet for each linear foot of vehicular use
area (VUA) street frontage;
(ii) No less than one tree of four -inch caliper or greater located within 25 feet of the
street right-of-way, for each 25 linear feet or fraction thereof, of VUA street frontage.
Sec. 110-461 - Veterinary Hospital
(a) The building shall be wmpletely soundproof in the C-1 and C-2 zoning districts.
(b) The building shall be located on an individual and separate lot provided all yards, area,
frontage and other requirements of the Code are met for each structure within the zoning
district of which it is a part.
(c) Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m. to
6:00 a.m. in the C-1 and C-2 zoniniz districts.
(d) A Veterinary Hospital maybe apart of any development when the same meets the
following criteria:
(i) The facility shall be heated and cooled by a unit separate from such unit for the rest of
the development.
GO The facility shall be serviced by a water supply senarated from the main water supply
by a backflow preventer or air gap.
(iii) The facility shall be soundproofed from the rest of the development.
(iv) The facility shall have its own independent exterior entrance exclusive from any
common entrances.
Sec. 110462 - Carwash
(a) Washing facilities must be within a structure with a roof.
(b) The vacuums, blowers and similar devices may be outside the building but may not be
located within 150 feet from a residentially -zoned property unless properly soundproofed
and/or regulated by hours of operation.
(c) A high-volume facility utilizing a conveyor or chain drag system for moving automobiles
through the washing area is notpermitted.
Sec. 110463 - Shopping Centers and Malls
(a) The area of outside display shall not exceed in size one-third of the enclosed area of the
principal structure.
(b) The outside display area shall be considered the same as the floor area for the purpose of
calculating offstreet puking, setbacks and lot coverage.
(c) The outdoor display is not to exceed 7 days
(d) All outdoor display must maintain a minimum 5 foot sidewalk clearance
Sec. 110464 - Single-family residential second kitchen facility.
A second kitchen facility may be inwrporated into a single-family residence provided the
second kitchen meets the following conditions:
(a) The second kitchen facility and the area or quarters it serves shall be integrated
architecturally, both internally and externally, with the single-family residence.
Externally, the structure shall have the appearance of one residence. Internally, there
shall be direct access to the kitchen facility and its area from the living area or quarters
of the single-family residence.
(b) The area or quarters to be served by the kitchen facility shall not exceed 600 square feet.
excluding the kitchen facility and bath area.
(c) A floor plan of the entire single-family residence, including the additional kitchen
facility, shall be submitted to the Building Department in order to illustrate compliance
with these conditions, and the floor plan shall be binding upon all future construction
plans in regard to the single-family residence.
(d) No portion of the single-family dwelling unit shall be utilized for rental purposes, and
the single-family dwelling unit shall be served by one electric meter.
(e) The single-family dwelling unit shall continue to be utilized by no more than one family
as defined under this section.
See. 110465
Sec. 110466. Appliestion of pei4ernasnee standeFds-
.....
.
Sec. 110-488. - Assisted living facilities.
Assisted living facilities may only be permitted by-speeial exeeptien in the R-3, said C-1, and
CC=2 zoning districts subject to the geneml eandifiens faf spesial exeeptiefis md the following
minimum requirements:
(a) From, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent
residential lot lines shall be a minimum of 50 feet.
(b) Minimum lot area shall be five acres.
(c) Each assisted living facility unit shall contain minimum living area of 400 square feet for
single bed units and 700 square feet for double bed units.
(d) Loading docks and dumpster areas shall conform to the following:
(1)Loading docks and dumpster areas shall be directed away from any residential
development adjacent to the assisted living facility.
(2)Dumpsters shall be visually screened from public view from an adjacent public right-
of-way or residential development by fully enclosed screening that is a minimum of
six feet in height, measured above finished grade.
qNI
Sec. 110-488. - Assisted living facilities.
Assisted living facilities may only be permitted by-speeial exeeptien in the R-3, said C-1, and
CC=2 zoning districts subject to the geneml eandifiens faf spesial exeeptiefis md the following
minimum requirements:
(a) From, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent
residential lot lines shall be a minimum of 50 feet.
(b) Minimum lot area shall be five acres.
(c) Each assisted living facility unit shall contain minimum living area of 400 square feet for
single bed units and 700 square feet for double bed units.
(d) Loading docks and dumpster areas shall conform to the following:
(1)Loading docks and dumpster areas shall be directed away from any residential
development adjacent to the assisted living facility.
(2)Dumpsters shall be visually screened from public view from an adjacent public right-
of-way or residential development by fully enclosed screening that is a minimum of
six feet in height, measured above finished grade.
(3) Each enclosure shall include a decorative opaque gate that is a minimum of six feet in
height, measured above finished grade.
(4) Each dumpster enclosure shall be constructed as one of the following:
(A)A masonry wall at a minimum of six feet in height, measured from finished
grade. The masonry wall shall be decoratively finished concrete masonry unit,
brick, stucco, pre -cast panels, split -face block or other material matching the
exterior of the principal building.
(B) A combination of fencing and landscape buffer. Fencing shall be fabricated from
aluminum, wrought iron, vinyl, brick, or other approved materials. The
landscape buffer shall be a minimum of five feet in width, a minimum of three
feet in height, 50 percent opaque at planting and capable of attaining a height of
six feet and 75 percent opaqueness within 24 months.
(5) The dumpster shall be located so as to facilitate pickup by solid waste collection
agencies.
(6) The dumpster enclosure shall not be placed in drainage flow areas.
(7) Adequate reinforced paved areas shall be provided for the dumpster and their
approaches for loading and unloading.
(8) No part of a dumpster or materials stored within the screen area shall extend above
the dumpster enclosure.
(9) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as
part of a dumpstcr enclosure.
(Ord. No. 17-2010, § 2, 11-16-10)
Sec. 110-556. - Vehicle rental facility.
(a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial
establishments where motor vehicles are kept and maintained for lease, where such vehicles
are dropped off or picked up and where customers complete all transactions necessary for the
short term lease of such vehicle.
(b) Limitations on vehicle rental facilities., Vehicle rental facilities
may only be permitted by speeial eiisaptioe in G 1 and G 2 zening distfiats in the M-1 zoning
district subject to the gmoral eanditions lef speeial exeeptiens and the following minimum
requirements:
(M) Minimum lot area for facilities shall be 12,000 square feet, however 2 or more facilities
may be situated on a minimum of 1 acre;
(32) Minimum lot width for facilities shall be 100 feet;
(43) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated
only at points approved during site plan approval, for ingress and egress to the property,
shall be provided along all property lines abutting public rights-of-way or properties
zoned residential. Said greenbelt shall be in conformance with the requirements of section
110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or
fence is to be used as screening, as may be provided within this Code, the greenbelt will
be located between the property line and the wall or fence such that greenbelt is adjacent
to the bordering property;
(64) Outside areas where the motor vehicles are to be displayed or stored shall be paved and
striped in accordance with the city's off-street parking regulations;
(65) All ingress and egress points to abutting streets shall be marked clearly and placed not
closer than 150 feet apart on the same street and shall not be placed so as to endanger
pedestrian traffic;
(7-6) Servicing or repair of vehicles is prohibited except within a fully enclosed structure;
(87)AIl outdoor paging or speaker systems are expressly prohibited; and
(48) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily.
(Ord. No. 02-2003, § 3, 34-03)
Secs. 110-494-303496. — Reserved.
DIVISION 34. - OFFSTREET LOADING
DIVISION 45. - HOME OCCUPATIONS
DIVISION 56. - SETBACKS
DIVISION 67. - VEHICLES AND VESSELS
DIVISION 48. - LANDSCAPING AND VEGETATION
DIVISION 99. - SWIMMING POOLS
Attachment B
ARTICLE V. - NONCONFORMITIES
Sec. 110-191. - Intent; rules of interpretation; building and fire codes; definitions.
(a) Intent. This article is intended to permit the continuation of those lots, structures, uses,
characteristics of use, or combinations thereof, which were lawful before the passage of the
City Code or which at one time had been lawfully permitted under the City Code, but which
would be prohibited, regulated or restricted under the terms of the current City Code or future
amendments thereto. This article is designed to provide standards and guidelines for the
control and management of nonconforming uses and noncomplying buildings and structures,
especially in regulating changes in the use of land or in the buildings or structures, including
quality, volume or intensity, location, ownership or tenancy, accessory and incidental uses,
extension, enlargement, replacement, or any other change in characteristic.
It is the intent of this article to permit these nonconformities and noncompliances to continue until
they are removed through discontinuance, abandonment or amortization, but not to encourage their
continuation unless otherwise authorized under this article either expressly or by special permit.
Such nonconforming uses and structures are declared by this article to be incompatible with
permitted uses in the zoning districts involved unless the city council issues a special permit based
upon evidence that special circumstances exist in accordance with the standards set forth in this
article. It is further the intent of this article that nonconforming uses and structures shall not be
enlarged upon, expanded, increased or extended, nor be used as grounds for adding other structures
or uses prohibited elsewhere in the same zoning district.
(b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for, or
approval of, the continuation of any illegal use of a building, structure or land or illegal
structure or building that was in violation of any ordinance in effect at the time of the passage
of this article or any amendments thereto. The casual, intermittent, temporary or illegal use of
land, building or structure or construction of an unlawful structure shall not be a basis to
establish the existence of a nonconforming use or structure. A lawful building permit issued
for any building or structure prior to the enactment of this article, the construction of which is
in conformity with approved site plans, if applicable, and building plans shall be deemed
nonconforming under this article if the building or structure is built in full compliance with
the City Code as it existed at the time of the issuance of the building permit. In the event there
is a conflict with the provisions of this article and a specific amortization provision requiring
the removal or modification of a nonconforming structure or discontinuance of a
nonconforming use of land, the provision which requires the nonconformity to come into
compliance with the current City Code the earliest shall apply.
(c) Building and fire codes. No provision contained in this article or elsewhere in the City Code
shall nullify, void, abrogate or supersede any requirement contained in a building or fire code
that is duly enacted by law.
(d) Definitions. As used in this article, the following words shall have the meaning ascribed unless
the context clearly indicates otherwise:
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(1) Destroyed or destruction shall mean damage by any means, except by vandalism or other
criminal or tortious act by someone other than the property owner, such that the cost to
repair or reconstruct the structure exceeds 50 percent of the fair market value of the
structure at the time of destruction, as established by the Brevard County Property
Appraiser or by a licensed appraiser, whichever is greater.
(2) Dwelling unit shall mean a residential living unit which serves as a person's domicile and
said person has registered the unit with the Brevard County Tax Collector as homestead
property.
(3) Lot ofrecord shall mean a lot which is part of a subdivision recorded in the official record
books of Brevard County, Florida, or a parcel of land described by metes and bounds
legal description, the description of which has been recorded in the official record books
of Brevard County, Florida, and complies with the subdivision of land regulations of the
city.
(4) Nonconforming or nonconformity shall mean any lot, structure, use of land or structure,
or characteristic of any use or structure which was lawful at the time of subdivision,
construction, or commencement, as the case may be, which over time no longer complies
with the City Code or other applicable law due to a subsequent change of the City Code
or other law.
allowed.
(56)Structural materials shall mean any part, material or assembly of a building or structure
which affects the safety of such building or structure and/or which supports any dead or
designed live load and the removal of which part, material or assembly could cause, or
be expected to cause, all or any portion to collapse or fail.
(Ord. No. 17-2006, § 2,10-17-06)
Sec. 110-192. - Mobile home parks and single-family mobile home districts.
(a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975,
shall be permitted, provided the number of spaces shall not exceed those licensed or previously
platted to such mobile home parks or districts on that date and provided further that such
mobile home parks shall not exceed the limits of property also on that date under unity of title
and shall be in accordance with state law.
(b) Removal and installation of a mobile home unit shall be done only after a permit is issued for
this purpose by the building official.
(Ord. No. 17-2006, § 2,10-17-06)
Sec. 110-193. - Continuance of nonconforming structures.
The lawful use of a nonconforming structure may be continued subject to the following
provisions:
(a) No such structure maybe enlarged or altered in away which increases its nonconformity;
Page 2
(b) Any structure or portion thereof may be altered to decrease its nonconformity;
(c) Should such structure be destroyed, it shall not be repaired or reconstructed except in
conformity with the provisions of the City Code; and
(d) Should such structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations of the zoning district in which it is located after it is
moved.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-194. - Continuance of nonconforming uses of land.
A nonconforming use lawfully existing at the time of the enactment of the City Code or any
subsequent amendment thereto may be continued subject to the following provisions:
(a) No such nonconforming use shall be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the adoption or subsequent amendment of the
City Code; unless such use is changed to a use permitted in the district in which such use
is located;
(b) No such nonconforming use shall be moved in whole or in part to any other portion of
the lot or parcel occupied by such use at the adoption or subsequent amendment of the
City Code;
(c) No additional structures which do not conform to the requirements of the City Code shall
be erected in connection with such nonconforming use of land.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-195. - Nonconforming uses of structures or of structures and premises in combination;
change of use.
If a lawful use involving individual structures, or of structures and premises in combination,
exists at the adoption or subsequent amendment of the City Code, that would not be allowed in the
zoning district under the terms of the City Code, the lawful use may be continued so long as it
remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by the City Code in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved or
structurally altered, except in changing the use of the structure to a use permitted in the
district in which it is located;
(b) Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use at the time of adoption or amendment of
this article but no such use shall be extended to occupy any land outside such building;
(c) Any structure, or structure and land in combination, in or on which a nonconforming use
is superseded by a permitted use, shall thereafter conform to the regulations for the district
in which such structure is located, and the nonconforming use may not thereafter be
resumed; and
Page 3
(d) Where nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming status of the
land.
(e) Notwithstanding subsections (a) through (d), the board of adjustment may grant a change
of use (used in conjunction with a nonconforming structure and premises) from one
nonconforming use to another nonconforming use which is equally or more restrictive,
equally or less intensive, and equally or more compatible with the surrounding area.
(1) An application for a change of use shall be submitted to the building official and
shall include the following:
a. The property owner's name and address, a recorded deed indicating ownership
and the legal description of the property.
b. An affidavit executed before a notary public under penalty of perjury attesting
to the existing use and the date the use was established.
c. A sealed, as -built survey or a scaled drawing of the site along with a notarized
affidavit that the drawing is true and correct. Such survey shall show the
dimensions, height, number of units and square footage of all structures, setback
of all structures, and distances between structures.
d. An application fee as established by the city council to be set forth in appendix
B to the zoning code.
e. Clear and convincing evidence that demonstrates that the proposed
nonconforming use (used in conjunction with a nonconforming structure and
premises) is as equally or more restrictive, equally or less intensive, and equally
or more compatible with the surrounding area than the present nonconforming
use.
(2) The due process and notice provisions set forth in section 110-28 shall apply to all
applications for change of use.
(3) All proposed applications for change of use shall be submitted to the planning and
zoning board for its study and written recommendation to the board of adjustment.
Such proposal shall be submitted at least 14 days prior to the planning and zoning
board meeting at which it is to be considered.
(4) Upon receipt of the planning and zoning board's recommendation, the board of
adjustment shall issue a written order certifying whether or not the proposed
nonconforming use is equally or more restrictive, equally or less intensive, and
equally or more compatible than the present nonconforming use. The board of
adjustment shall consider the written recommendation of the planning and zoning
board as part of the official record when hearing an application for change of use.
(5) All change of use recommendations and final orders shall be based on the following
relevant factors, including, but not limited to, whether the requested use:
a. Uses less space;
b. Has fewer employees;
Page 4
c. Requires less parking;
d. Creates less traffic;
e. Has fewer deliveries;
f Creates less noise;
g. Creates a better benefit to the surrounding area than the previous use;
h. Is more acceptable with the existing and future use or make up of the area;
i. Is more normally found in a similar neighborhood; or
j. Creates less of an impact than the present nonconforming use.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-196. - Nonconforming lots of record.
In any zoning district in which single-family dwellings or duplexes are permitted, a single-
family dwelling or duplex, and customary accessory buildings may be erected, expanded, or
altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for
area, width, and/or depth for the applicable zoning district. This provision shall only apply where
yard dimensions and requirements other than area, width, and/or depth conform in all other
respects with the land development regulations for the applicable zoning district.
(Ord. No. 17-2006. § 2, 10-17-06)
Sec. 110-197 —Nonconforming Density.
Densities established legally at the time of development shall be deemed pre-existing and
may be allowed to continue as set forth in the section Dwelling units may be removed or
enlarged and amenities may be added to the site as lone as there is no increase in density.
Furthermore the principal structure shall not move further out of compliance with the has
zone development standards except as allowed in Section 110-193(d)
(A) This section is primarily aimed at upgrading nonwnforming development elements that
affect the appearance and impacts of a site It is not intended to require extensive
changes that would be extremely impractical such as moving or lowering buildings.
(B) Nonconforming developments may continue as specifically limited by Subsection D
below or other regulations in this Section
(C) Changes may be made to the site that are in conformance with the development
are Prohibited.
(D) These regulations apply except where superseded by more specific regulations in the
code.
t. When a building or structure containing a nonconforming density is damaged,
deteriorated or rebuilt to the extent of 50 percent or more of the building's or
Page 5
structures assessed taxable value such building or structure may be restored to the
established Pre existing density but shall also come into compliance with the
following development standards:
a. Landscaving and trees required for the following areas
• Exterior display, storage and work activity areas;
• Setbacks for surface puking and exterior development areas:
• Interior narking lot landsoaving:
• Existing buildine setbacks;
• Minimum landscaped areas other than described above; and
b Provide the appropriate pedestrian circulation systems as set out in the
Westrian standards that apply to the site;
c Provide bicycle narking by upgrading existing bicycle Parking or
providing additional spaces as required by this code;
d Provide the required screening; and
e Paving of surface Parking and exterior storage and display areas.
Sec. 110447198. - Abandonment.
(a) A nonconforming use of a building or premises which has been abandoned shall not thereafter
be returned to such nonconforming use. A nonconforming use shall be considered abandoned:
(1) When the intent of the owner to discontinue the use is apparent; or
(2) When the characteristic equipment and the furnishings of the nonconforming use have
been removed from the premises and have not been replaced by similar equipment within
180 days, unless other facts show intention to resume the nonconforming use; or
(3) When it has been replaced by a conforming use; or
(4) Where the use is discontinued or abandoned for a period of more than 180 consecutive
days or for 18 months (545 days) during any three -yew period, except where the use
constitutes a dwelling unit. In the case of dwelling units, the discontinuance or
abandonment period shall be 730 consecutive days (two years).
(b) The city council may grant extensions of time for a nonconforming use of a building or
premises, which would otherwise be considered abandoned pursuant to subsection (a), to
continue ifthe abandonment was directly caused by an act of God or other emergency situation
outside of the control of the property owner.
(c) In the event a more specific abandonment, discontinuance, or amortization provision is stated
elsewhere in this City Code for a specific nonconforming structure, land use, or land area, the
more specific provision shall apply.
(d) No provision contained in this article, or elsewhere in the City Code regarding the
abandonment, discontinuance, or amortization of nonconforming structures or land uses shall
Page 6
nullify, void, or abrogate any similar provision contained in a duly executed binding
development agreement approved by the city council prior to October 17, 2006.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110499199. - Repairs and maintenance.
(a) Reasonable routine repair and maintenance of nonconforming structures is permitted and is
not a change which would terminate a nonconforming status, provided the work is necessary
to keep the structure in a state of good repair. The work may include the replacement of
existing materials with like materials. However, repairs and maintenance may only be
authorized by the city council pursuant to section 110-200 or by the building official provided
that the building official determines compliance with the following:
(1) The repairs and maintenance comply with applicable building and fire codes.
(2) No violation of sections 110-193, 110-194,110-195, 110-197 exists.
(3) The permittee shall be in compliance with all other applicable provisions of this article.
(4) There are no pending code enforcement actions or liens existing on the subject property.
(5) If replacement materials are involved, such replacement may not exceed 50 percent of
the fair market value of the structure, as established by the Brevard County Property
Appraiser or by a licensed appraiser, whichever is greater.
(b) Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official. However, this subsection shall not be
construed as a means of circumventing the intent of this article calling for the elimination of
nonconforming structures by allowing a nonconforming structure to be substantially rebuilt
so as to extend the ordinary and natural life of a nonconforming structure.
(c) The building official is authorized to permit structural alterations to nonconforming structures
in instances where the Occupational Safety and Health Administration ("OSHA")
requirements necessitate alterations, provided the alterations shall not be authorized primarily
to replace deteriorated materials. Permittees shall be required to produce verification that said
alterations are required by OSHA including, but not limited to, a citation to all applicable
OSHA regulations and any OSHA notifications requiring the alterations.
(d) This section does not apply to structures used for single-family dwelling or two-family
dwelling purposes which structures may be renovated, repaired, or replaced in accordance
with a lawfully issued building permit.
(Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-199200. - Temporary uses.
The casual, intermittent, temporary or illegal use of land or structures, or construction of an
unlawful structure, shall not be sufficient to establish the existence of a nonconforming use or
structure. Such use or structure shall not be validated by the adoption of this article or amendments
hereto, unless it complies with the terms of the City Code.
(Ord. No. 17-2006, § 2, 10-17-06)
Page 7
Sec. 110-204. -Special permit
(a) The intent and purpose of this section is to recognize that there me limited and special
circumstances where overall community and public policy objectives of the city encourage,
and shall be served by, the continuation of some nonconforming uses of residential buildings
for human occupancy provided said uses aro not detrimental to the surrounding neighborhood
and to the community values established in the city's comprehensive plan and city codes. The
city council desires to establish specific standards for this category of special permit in order
to allow the continuation of some nonconforming uses of residential buildings for human
occupancy notwithstanding any contrary provisions of this article or City Code.
(b) The city council, at a duly held public hearing, may grant a special permit to allow the
continuation of a nonconforming use of a residential building for human occupancy provided
the following terms and conditions are strictly satisfied:
(1) The owner of the property on which said nonconforming use exists files a special permit
application provided by the city; and
(2) The applicant demonstrates that the continuation of said nonconforming use:
a. Is capable of contributing in a positive way to the character and serves the needs of
the community including reoccupancy for the accommodation of neighborhood
walk -to -service uses, walk -to -work opportunities, and live -work spaces; reuse of
buildings with architectural or historic value; and reuse of buildings that generate a
significant economic benefit to the community; and
b. Is compatible with, and not detrimental to, the surrounding neighborhood in terms of
traffic, noise, parking, odor, light, intensity and land uses, hours of operation,
landscaping, aesthetics, structural design, density, public safety and fire hazard; and
c. Is consistent with the community values, objectives, and policies established in the
city's comprehensive plan and City Code.
(c) The city council may impose conditions and safeguards as a condition of approval of any
special permit granted under this section.
(Ord. No. 17-2006, § 2,10-17-06)
Secs. 110-202-110-220. - Reserved.
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