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HomeMy WebLinkAboutP&Z Agenda Pkt. 8-25-2010Gty of Cape'Canaveral Community Development Department PLANNING & ZONING BOARD MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE AUGUST 25, 2010 7:00 P.M. CALL TO ORDER: ROLL CALL: NEW BUSINESS: AGENDA 1. Discussion Re: Assisted Living Facilities as an Allowed Use. 2. Discussion Re: Mixed Use Land Use. OPEN DISCUSSION: ADJOURNMENT: Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. 7510 N. Atlantic Avenue ® Post Office Box 326 ® Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 ® Planning & Development (321) 868-1206 ® Fax & Inspection: (321) 868-1247 www.ciryofcapecanaveral.org P email: ccapecanaveral@cfl. rr. coin Date: August 20, 2010 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director E: August 25, 2010 P&Z Board Meeting City staff is currently in discussions with a developer who wants to construct an assisted living facility in Cape Canaveral. The proposed assisted living facility could have up to 250 units. Our code of ordinances does not address assisted living facilities nor does it allow for residential densities greater than 15 units per acre. I want to start the discussion about whether or not to allow assisted living facilities and if so, in which zoning districts and at what density. Enclosed in your packet is a sampling of local government codes as they address assisted living facilities. I will have more samples at the meeting. We are also going to reengage the discussion about mixed-use land use. I will have a PowerPoint presentation prepared by MillerLegg that addresses the history, nature, and benefits of mixed-use development. ASSISTED LIVING FACILITIES (ALF) RESEARCH Assisted living facilities and treatment and recovery facilities. Assisted living facilities and treatment and recovery facilities shall comply with the following requirements, where applicable: (1) Dispersal of facilities. The minimum distance between facilities, measured from the property line, shall be 1,000 feet. (2) Neighborhood compatibility. In the institutional zoning classification, the external appearance of the assisted living facilities or treatment and recovery facility's structures and building sites shall maintain the general character of the area. Exterior building materials, bulk, landscaping, fences and walls and general design shall be compatible with those of surrounding dwellings. (3) Facility standards. a. Prior to the granting of any permit for assisted living facilities or treatment and recovery facilities, the state department of health and rehabilitative services shall verify compliance with the following standards: 1. There shall be not less than 250 square feet of floor space per assigned resident. 2. There shall be one bathroom per two bedrooms. The bedroom square footage shall be not less than 75 square feet per assigned resident. 3. Centralized cooking and dining facilities shall equal 30 square feet per assigned resident. b. If the request for a permit for assisted living facilities or treatment and recovery facilities is for a structure to be built, floor plans of the structure shall be submitted and approved prior to issuance of the permit. (4) Reserved. (5) Off-street parking. There shall be two parking spaces, plus two additional parking spaces for every five occupants for which the facility is permitted. (6) Compliance with state regulations. Violations of applicable statutes and regulations of the state shall be deemed violations of this division. Assisted living facility (ALF) means a structure in which the owner or operators are subject to licensing and approval by the state, whether operated on a profit or nonprofit basis. Such facilities may provide lodging, food and one or more personal services for unrelated adults and shall not be regulated or operated by or associated with any jail, prison or correctional facility or system. Generally, such facilities shall have more than 14 clients and must be licensed by the state as an assisted living facility. If a facility is not licensed by the state, such facility must be approved by the county. The use is allowed in the following zoning districts: general retail commercial, institutional, and industrial. ASSISTED LIVING FACILITIES (ALF) RESEARCH August 11, 2010 Page 2 of 3 Special exceptions. If determined to be appropriate and compatible with adjacent land uses, and after public notice and hearing and subject to appropriate conditions and safeguards, the board of adjustment may permit the following as special exceptions: Hospice, assisted living facility, short-term respite care center, geriatric care center, or adult day care center. The use is allowed in the following zoning districts: general commercial and neighborhood commercial. Melbourne Assisted living facility. Also congregate living facility. Any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, one (1) or more meals, and one (1) or more personal services for a period exceeding twenty-four (24) hours to one (1) or more adults who are not relatives of the owner or administrator (F.S. § 429.02(5), as amended from time to time). The use is allowed in the following zoning districts: multifamily residential as a conditional use; commercial & industrial as a principal use. Assisted Living Facility (ALF): Any facility which provides housing, meals and care -giving services to one or more live-in adults who are not relatives of the owner or operator. Residential Care Facility (RCF): A governmental, non-governmental, non-profit or proprietary facility providing an alternative to institutional placement, in which a caretaker provides 24 hour care to dependent clients away from their own parents, relatives or guardians, and assists them to the extent necessary to participate in normal activities and to meet the demands of daily living. This term includes Adult Family Care Homes and Community Residential Homes, but does not include Families, Group Housing, Nursing Homes, Hospitals, Adult Day Care Centers, Child Day Care Centers, Family Day Care Homes, Emergency Shelters, or Treatment and Recovery Facilities, as defined in Chapter 58. ASSISTED LIVING FACILITIES (ALF) RESEARCH August 11, 2010 Page 3 of 3 General Requirements. All Residential Care Facilities (RCF's) allowed under this Chapter shall conform to the Zoning District and Use Regulations of Figures 1-2 and the following standards. Sec. 58.541. - Dispersal of Facilities. All RCF's, except Assisted Living Facilities (ALF's), shall conform to the following standards. Exceptions to these standards may be allowed only by Conditional Use. Minimum Distance Between Facilities. RCF's with 6 or fewer residents shall be permitted in single-family or multi -family zoning districts, provided that such homes shall not be located within a radius of 1,000 feet of another existing RCF. RCF's with 7 or more residents in multi -family zoning districts shall not be located within a radius of 1,200 feet of another existing RCF. The applicant requesting to establish an RCF must submit a Certificate of Separation indicating that these minimum distance requirements will be satisfied. Conditional Use Overlay. An RCF with seven or more residents shall be presumed to substantially alter the nature and character of the area and may be allowed only by Conditional Use when located within 500 feet of an R-1AA, R -1A, R-1, R -1N, R -2A, or R-26 zoning district or property designated for single-family uses in an approved PD. Method of Measurement. All distance requirements in this Section shall be measured from the nearest property line of the existing RCF's, zoning district boundary or lot line for single-family use in an approved PD to the nearest property line of the proposed RCF. Multifamily Dwellings. RCF's located in Multi -family Dwellings shall not occupy more than 3.0% of all dwelling units, or six units, whichever is greater. MINIMUM NUMBER OF PARKING SPACES REQUIRED FOR RESIDENTIAL USES Use this chart to determine the number of parking spaces required for residential uses. The uses listed in Column A shall provide one off-street parking space for each unit of measurement or fraction thereof shown in Columns B or C. Special requirements are shown in Column D and shall be in addition to those spaces required in Columns B or C. Where there are two or more criteria, the greater requirements shall apply. A B C D Dwelling Unit Rated Patron Capacity Special Requirements Accessory Apartments 9 Assisted living facilities 5 Plus 1 space The use is allowed in the following zoning districts: multifamily – both as a conditional and principal use, industrial and general commercial as a principal use, and mixed-use districts as a principal use.