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Home My WebLink AboutP&Z Agenda Pkt. 5-12-2010CALL I U U"hK: ROLL CALL: NEW BUSINESS: City of Cape Canaveral Community Development Department ENING & ZONING BOARD MEETING 'E CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE MAY 12, 2010 7:00 P.M. AGENDA 1. Approval of Meeting Minutes: April 14, 2010. 2. Recommendation to City Council Re: Voluntary Annexation of 315 Grant Avenue — Jack and Elizabeth Mutter, Petitioners. 3. Recommendation to City Council Re: Proposed Ordinance Amending- Section 110-557, to Allow Commercial Parking Facilities by Special Exception in the C-1, M-1 and C-2 Zoning Districts — Kate Latorre, Assistant City Attorney. 4. Recommendation to Board of Adjustment Re: Special Exception Request No. 10-01 to Allow a Child Care Facility in the R-2 Zoning District at Palms East Apartments, 211 Caroline Street, Section 14, Township 24 South, Range 37 East, Parcel 502.0 — Jeffrey W. Wells, Petitioner for Palms East LLC, Property Owner. 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 Iaw. 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 • email: ccapecanaverai@cfl,rr.com PLANNING & ZONING BOARD MEETING MINUTES APRIL 14, 2010 A Regular Meeting of the Planning & Zoning Board was held on April 14, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn Ron Friedman MEMBERS ABSENT John Johanson OTHERS PRESENT Barry Brown Susan Chapman Kate Latorre Robert Hoog NEW BUSINESS Chairperson Vice Chairperson 2nd Alternate 1St Alternate Planning & Development Director Secretary Assistant City Attorney Council Member 1. Approval of Meeting Minutes: March 10 2010. Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting minutes of March 10, 2010. Vote on the motion carried unanimously. 2. Discussion.. Re: Request to Amend „Section 110-332 of the City Code to Allow Commercial Parking Facilities as a Permitted Use in the C-1 Zoning District — John Porter, Applicant. Barry Brown, Planning & Development Director, explained that Mr. Porter asked city staff if he could provide parking for a fee on the former Azteca property to support other uses such as: overflow restaurant parking, parking for beach goers, and parking for cruises. Staff researched the city code and determined that it does not expressly address commercial parking facilities either a principal or special exception use. Staff advised Mr. Porter that the city code would need to be amended to allow for a commercial parking facility and he therefore submitted the "Application for Amendment to Zoning Ordinances". Mr. Porter submitted information and codes from other cities to support his request. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 2 Barry Brown advised that the cities of Cocoa Beach, Melbourne, Malabar, Vero Beach, and New Smyrna Beach allow for commercial parking facilities as a permitted use in their commercial zoning districts. He reminded the Board members that they were considering a code amendment change that would not only apply to Mr. Porter's property, but all properties in the C-1 zoning district. He advised that some considerations may include: landscape and noise buffers; the use in C-1 and C-2 zoning districts; parking garages and/or ground level parking facilities; architectural design standards; imposing a time limit on parking; and how the use may benefit others in the city. John Porter, Applicant, advised that he researched the codes of "like" communities regarding commercial parking facilities. Port Canaveral and Cocoa Beach both allow commercial parking. He also pointed out that the property located across the street from the Azteca property is located in the County {aka "no man's land} and that it is being leased to a rental car business for parking. The rental car business is located in Cape Canaveral but leasing property in the County for parking, therefore, dollars are going across the street to the County rather than the city. In the past, Izzy's restaurant had approached him for permission to park on his property in order to satisfy a city code requirement for minimum parking to obtain a liquor license. There is a demand for overflow parking for car rental facilities. The Mayor advised him that the car rental facilities are currently parking their overflow at the beach ends. Additionally, hotels are currently using their lots for parking - long-term (over two days) for people going on cruises. He explained that the city's Economic Development Plan talks about town centers; and being a walk -able and bike -able community. In order to walk and bike, visitors would need to park their vehicles somewhere. So in order for the city to carry out its "vision" and make the city's "dream come true", vehicles will need to be parked somewhere. He advised that the city can continue through the back door where businesses are currently parking vehicles or through the front door by bringing the issue to the Planning & Zoning Board and address the need, growing need, and demand; and mold it in a way that is more acceptable in our community. He gave an overview of the city's adopted Visioning Statement and highlighted that if the city wants a "walk -able downtown core", then parking will need to be provided. He voiced his opinion that the city should be discussing and taking action now. He reviewed other cities codes regarding commercial parking facilities. He commented that the City of Vero Beach did a wonderful job in safeguarding its natural environment of having a beautiful presentation on their main roads. He hoped and dreamed that someday the City of Cape Canaveral's Al corridor can look a lot more like Vero Beach. He further commented that Vero Beach obviously saw the need for parking lots and parking garages in there code; and he saw them as a leader in sustainable development. He did not know if they had both private and/or municipal parking areas. He had not recently visited Vero Beach to actually look at the parking, but was merely using their code as an example for the City of Cape Canaveral. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 3 Chairperson Russell asked the Board members if they had any questions for Mr. Porter. John Porter advised that he did not have a background as a planning professional; he sells souvenir goods to major theme parks around the Country and operates a miniature golf course. He explained that it is only because of the economic situation that we find ourselves in now that they are considering parking as a use of the property. It would have not made sense to put in a parking facility a couple of years ago because of the land values. He advised that he already has a parking lot and pays over $100,000 a year in taxes. At this time, a parking facility seems to be a good use of the property. He did not believe that everyone along AIA would turn their property into a parking lot, because he did not believe that economics would drive it. Additionally, an existing business, by city code, needs to have a certain number of parking spaces available to the users of that business; therefore, they should not be allowed to "double -dip" with their parking spaces, i.e. allow or charge patrons to park in spaces required for the hotel while they are on cruises. John Porter answered various questions for the Board members. He advised that his property would accommodate 75 to 100 parking spaces; currently there were 70 spaces on asphalt; if they were able to demolish the building, more spaces would be created where the pad is for the building. This zoning change would be accompanied by existing code regarding landscaping, setbacks, and buffer; it was his understanding that if the code amendment were to pass and they were able to have the use in this location, then they would be subject to city code to guard against visual blight. He noted that his property was under Chapter 11 and being reorganized. He was dedicated to making the commercial parking facility work, if the Planning & Zoning Board and the City Council are in favor of changing the city code to allow the use. He gave a history of various contracts he previously had in place for lease of his property. He advised that the city currently had code enforcement action against the property for its dilapidated condition. He realized that the building was a stain on the city and wanted to get rid of it, but it may take up to six months for him to do anything due to the property being under Chapter 11. Joyce Hamilton, citizen, asked John Porter various questions. He answered that the 75 existing parking spaces at Fantasia Miniature Golf would remain separated from the existing 70 parking spaces surrounding the restaurant. If some or all of the restaurant building was demolished, there would be additional parking spaces where the building existed. Entering and exiting from the property would be directly from AIA or Holman Road. There were no plans to sell the golf course. Joyce Hamilton commented that when the City talked about Visioning, they had talked about building closer to the road, constructing buildings on the property frontage with parking in the rear. She asked as the city creates its vision, i.e. downtown area, how the people were going to be transported. Lamar Russell advised that in other places he visits, he parks in a municipal lot and walks or takes a cab wherever he needs to go. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 4 Barry Brown advised that the city's Comprehensive Plan was silent as to commercial uses, therefore no changes needed to be made. Kate Latorre, Assistant City Attorney, advised that this use was considered a "personal service"; therefore, would not require a comprehensive plan amendment. Beatrice McNeely advised that the city should also be considering the use in the C-2 zoning district. Discussion was held regarding C-1 and M-1 zoning districts. The Board members reviewed a zoning map depicting same. Harry Pearson advised that the Board should have the opportunity to review and make recommendation on individual requests for the use. He was in favor of the use by special exception rather than a principal use. Leo Nicholas, citizen, advised that the city code already allows outside parking and storage areas in the C-2 zoning district with certain criteria that must be met. He suggested that the Board consider that criteria when considering allowing commercial parking facilities. He commented that the use would be good in both C-1 and C-2. He suggested the Board also consider the use by special exception, because they can consider the economic situation and individual taxable land value on a parking lot, as opposed to if a building was erected on the property. Donald Dunn noted that a parking lot would not employ many people or have much business income, compared to a building. He commented that a parking garage would be ideal in the M-1 zoning district. Ron Friedman commented regarding how commercial parking lots could be advantages to nearby commercial -businesses and gave an example of how a business could have employees park in a nearby parking lot, thereby keeping on-site parking open for customers. Lamar Russell summarized the Boards discussion and comments. He voiced a concern regarding changing the code to allow the use before the city's visioning and rezoning is completed. Barry Brown explained that city was preparing the "Strategic Plan", which will help guide future planning, as well as budgeting. He further explained that the Strategic Plan is being created by combining the 2007 Redevelopment Plan, recommendations from the Visioning, and the Economic Development Action Plan. But, this does not mean that the City will not be moving forward with customer requests. The Board members held discussion regarding the need for short-term and long- term parking. Lamar Russell commented that already along AIA, parking is located in the front, and that was only going to change over a long period of time. He explained that the only chance the city has on enacting the vision is to start in places that don't have that situation, such as vacant lots. Joyce Hamilton, citizen, asked if Mr. Porter planned on transporting his customers to their destinations. Lamar Russell responded that whatever Mr. Porter does on his property will serve only a local area and not the entire city. He advised that parking lots will need to be provided to create development opportunities for narrow properties along AIA. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 5 Lamar Russell asked the Board members to consider allowing parking areas by special exception or principal use. He noted that if they were allowed by special exception, they could consider each request individually and impose conditions or not, and regulate distances similar to the rental vehicle facilities. John Porter commented that from a business standpoint, a special exception would actually be better, because it is a barrier entry from competitors coming into the market. He advised that one way to accelerate the city's vision to get A1A where the city wants it to be is to lead by example. The city can start on the public right of ways, set up facade with improvements and redevelopment grants to accelerate some of the things that would peak the interest of property owners and business owners to upgrade the looks of their properties. David Schirtzinger, citizen, advised that during the visioning workshops the public seemed to like the parking areas in Winter Park, which were located behind the buildings. They also liked the looks of the parking garages in Boca Raton. He was concerned about what was going to be done along A1A. He commented that what is done should support the residents and not necessarily the Port. The city has already allowed vehicle rental facilities which support the Port, more so than the residents. He advised that the parking problems he sees are at the beach end streets during the summer time, and existing vehicle rental facilities parking overflow on the grass. He commented that in Cocoa Beach parking facilities are located on the east side of A1A a block from the beach. He did not believe that -there was currently a need for parking on the west side of AIA. He did not know if the hotels were breaking any codes or laws by allowing their customers to park their vehicles for long periods of time. John Porter advised that per the city code, a hotel must have so many parking spaces for the number of rooms. When they allow people to come there, rent a room, than leave their vehicle at the hotel while they take a cruise is double-dipping. He advised that there is a need for parking right now. The city would be serving a tax -payer and resident of Cape Canaveral by allowing him to use his commercial property, located along A1A, for a commercial parking facility. Following discussion, by consensus of the Board members, agreed to have Kate Latorre, Assistant City Attorney and Barry Brown, Planning & Development Director work together to draft an ordinance allowing commercial parking in the C-1 and C-2 zoning districts by special exception, to include: criteria for distance, adequate buffering along Al A, enhanced landscaping, consider parking in the rear, possibly incorporating requirements similar to vehicle rental facilities. Also, consider parking garages in M-1. Lamar Russell asked that they also incorporate the use into the visioning. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 8 Barry Brown advised that staff would attempt to have the draft ordinance ready for the Board for review by the April 28th meeting. Once the Board makes it recommendation, the ordinance would then have two readings by City Council for adoption. He explained that if the ordinance is adopted for the use by special exception, then Mr. Porter would be back before the Board with a special exception request. OPEN DISCUSSION Donald Dunn asked when the Board would be considering adult care facilities. Barry Brown, Planning & Development Director, advised that the issue was brought up by one City Council member, after a lengthy discussion about child care. He gave a list of his priorities, including: creating CRA districts, Ear Based Amendments, and creating mixed-use land development regulations. He noted that the city could not make any changes to the Comprehensive Plan until the Ear Based Amendments are adopted. Donald Dunn requested that adult care facilities be placed on a future agenda for discussion. Discussion was held regarding Hometown Democracy Amendment #4. Motion by Harry Pearson, seconded by Bea McNeely, to adjourn the meeting at 8:58 p.m. Lamar Russell, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Planning and Zoning Board May 12, 2010 STAFF REPORT Request: To annex a residential property into the City. Annexation of this property includes annexation by ordinance and subsequently amending the comprehensive plan to recognize the annexation and rezoning the property to assign a city zoning designation. We can annex now, but the comp plan amendment and rezoning will have to wait until our EAR -based amendments are adopted. Applicants: Jack and Elizabeth Mutter Subject property: The property is a .67 acre parcel addressed as 315 Grant Ave. It is located on the southwest quadrant of the intersection of Grant Ave. and Ridgewood Blvd. in the unincorporated area of Brevard County known as Avon by -the -Sea. It is developed as a 15 unit apartment building named Avon -by -the -Sea Apartments. Land Use and Zoning designations: The property currently has Brevard County zoning of RU -2-30, which is a multifamily zoning with a maximum of 22 units 'per acre. The land use designation is R-15. Analysis: The Mutter's have requested annexation into the City. Their reasons include: lower taxes and assessments; better police service; availability of reuse water for irrigation, and more favorable interpretation of Florida building and fire codes regarding alarm systems. The request has been reviewed by City staff including Public Works, the City Engineer, the Building Official, Fire Dept., City Planner, and the Acting City Manager. The following issues were addressed: Sanitary Sewer - the property is currently being served by Cocoa Beach. Our code requires connection to the City sewer system, however, connection to City sewer would require extension of the sewer line on Orange Avenue approximately 190 ft. south to the subject property. The sewer line is located under Orange Avenue and that portion of the road between the southern -most sewer manhole and the subject property is County owned. Because of the cost to connect to our system, Public Works is willing to allow the property to continue to be served by Cocoa Beach. Water — the property is served by City of Cocoa as is the City of Cape Canaveral. Roads — the property is served by County roads and they will remain County roads Stormwater — is handled by the County and will continue to be. There is a swale on-site that overflows into the County system. Reclaimed water — lines are located along the south side of Johnson Avenue about 300 ft. away. The City will not install a new reclaimed line for a single customer (especially since we don't charge for reclaimed water)_ Nonconformities — There are some existing nonconformities with our code including: density, parking, and sanitary sewer. There are 15 units on .67 acres of land for a density of 22.39 du/acre. Our code allows for a maximum density of 15 units per acre. The building has 28 parking spaces where our code calls for 30. Sanitary sewer has been addressed above. Staff recommendation: While Florida Statutes do not require that annexations be heard by the Planning and Zoning Board, our code does call for the Board to make a recommendation to the Council regarding the zoning to be assigned to the annexed property. In addition, I wanted your input in evaluating this request. It appears that the Mutter's will benefit from the annexation; I am asking the Planning and Zoning Board to consider how the City benefits from the annexation and what are its downstream ramifications. Members may draw upon their experience from past attempts to annex the Avon -by -the -Sea area. While the property does not fully comply with our code, the nonconformities are either minor or are being adequately addressed by other service providers. July 16, 2009 City of Cape Canaveral, Florida C/O City Manager, Bennett Boucher PO Box 326 Cape Canaveral, Florida 32920 Subject: Voluntary Annexation Dear Mr. Boucher, a*a c9&=&& & /IL( Uew 301 9&6naov 9R"d .: S, TAaatwwt, 9&w,& 32920 , 9&one, 321-783 -2787, c9dt 321-427-9702 M x %�2crile ��acl carrL i, 21 -w nt r As requested, we are writing to you to petition the City Council of the City of Cape Canaveral for consideration of a voluntary annexation to the municipality of the City of Cape Canaveral. We understand that the procedures for adjusting the boundaries of municipalities through annexations and the criteria for determining when annexations or contractions may take place are cited in the 2007 Florida Statute, Section 171. We understand that the 2007 Florida Statute, Section 171.044 allows us to petition to the governing body of the municipality in writing and that said code requires the signatures of all property owners. To comply with this we have attached a separate letter for consideration signed by all owners, We understand that the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include our property. We understand that should the City Council adopt an ordinance, a period of waiting of not less than 2 weeks shall exist for required publication of notices, filings with the clerk of the circuit court and the chief administrative officer of Brevard County. We also understand that no fewer than 10 days prior to publishing or posting the ordinance notice required, the City Council of the City of Cape Canaveral must provide a copy of the notice, via certified mail, to the board of the country commissioners of Brevard County, and not following proper procedures may be the basis for a cause of action invalidating the annexation. Also attached to this letter is a map showing the location of our property. If you have any questions, please contact lack or Elizabeth Mutter at the numbers listed above. AVe i cc&m Foe' 950,0° Si re y, Jac ter, Property ne ` Elizabeth Rutter, Property Owner VVVVESUS�AN .% C APNIAN ^^AA^ Y CMMISSION 0 OD856332EXPIRES: Match 23, 2013 FI. Nagy Discount Ass«. Co. PETITION FOR VOLUNTARY ANNEXATION TO THE CITY OF CAPE CANAVERAL We, the undersigned, hereinafter referred to as the Petitioners, for our petition to the City Council of the City of Cape Canaveral state and allege as follows: I. That we are the owner of all fee interests of record in the real estate in Brevard County Florida, described as follows: Parcel I d : 24 -37 -23 -CG -00079.0-0001.00 Site Address: 315 Grant Avenue, Cocoa Beach, Florida 32931 Plat Book/Page: 0003/0007 Sub Name: Avon By The Sea Lots 7.,2,3,4 BLK 79 & E % of vacated Orange Ave W of Lot 1 Ex Rd R/W 2. That the said real estate is not now a part of any incorporated municipality. 3. That the said real estate is contiguous to the existing corporate limites of the City of Cape Canaveral, Florida. 4. That we request that the said real estate be annexed to, and included within the corporate limits of, the City of Cape Canaveral, Florida, as authorized by the 2007 Florida Statutes, Section 171.044, titled Voluntary Annexation. 5. That we request the City Council of the City of Cape Canaveral to cause the required notice to be published and to conduct the public hearing required by law and to thereafter adopt an ordinance extending the limits of the City of Cape Canaveral to include the above described real estate. Dated this 4- day of OATH a Notary for County, and he being says that Dov, {Si EXPIRES: March 23, 2013 ; & Notary Dismount Assoc. Ca.c E)1fktS . 2009 Mutter, Elizabeth L. Mutter, Property Owner Brevard County Property Appraiser-- Online heal Estate Property Carel 3 Ford's letters J,.11C1'l.€irl?d�C. . F., advises Taxingf Authorities of e Rroperty APe.0 VAB process deTayCLJPK B1'# V,.1.1' County, la 1; [Forms] [Appeals] [Property V atjrt. OA �contio `gw fRrr APPR} ° bj [ueneral into] [Amendment t] [Save Our homes] [ExempVonr ap Search] [Maps & Data] [Unusable Property] [Tax Authorities] The Hews] [Tax Estimator] [Cantact Us] General Parcel Information for 2437 -23 -CG -00079.0-0001.00 Page 1 of 2 t See Latest i 2009 'FAX f ROLL Press to ` Release CLICK HERE Parcel Id: 24-37-23-CG-00079.0-ivlap/Ortho Aerial Millage ''600 Exemption: Use 353 0001.00 Amount Code: Screening Screening Code: Vacant/Improved x Site Address: 315 GRANT AVE, COCOA BEACH 32931 Tag 2434961 Acct: Source bite address tnrormatton is assigned by the Brevard County Address Assignment Office for E9 -I-1 purposes; this information may not reflect community location of property. Tax information_ is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Abbreviated Destription Plat Sub Name: LOTS 1,2,3,4 BLK 79 & E Book/Page: AVON BY 112 OF VACATED 0003/0007 THE SEA ORANGE AVE W OF LOT 1 EX RD R/W View flat (requires Adobe Acrobat Reader -file size may be large) . Value Summary Land Information Acres: 0.57 Site Code: 0 *This is the value established for ad valorem purposes in accordance with s.193.011(I) and (8), Florida statutes. This value does not represent anticipated selling price for the property. ** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. *** The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment 1. Sales Information Official Records Sale Sale Deed xXY Sales *** Sales Physical Date Amount Type Screening Screening Change Vacant/Improved Book/Page Code Source Code 5941/0533 412009 $100 WD 1.1 I 15566/02533111/20051$2,700 ,000 WD 24 03 I 2523/132 } 7/1984 $105,000 WD hq://www.brevaxdpropertyappraiser.com/asp/Show_parcel. asp?acct=2434961 &gen=T&... 12/22/2009 Brevard County Property Appraiser-- Online heal Estate Property Card Page 2 of 2 *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff_ They have no bearing on the prior or potential marketability of the property. Building Information Building,Pboto_s.. PDC Use # Code Year Built Story Height Frame Code Exterior Code Interior Roof Code Type Roof Mater. Floors Code Ceiling Code 1353 11986 �= 031 031 031 091 041 02,03103 866 Building Area Information PDCBase # Area Garage Area Open Porches Car Port Screened Porches Utility Rooms Enclosed Porch Basements Attics Bonus Rooms RV Carport � RV GarageBase Total Area 11147021 0 866 0 698 0 0 0 0 0 0 0 14702 Extra Feature Information Extra Feature Description junits PAVING 19640 Data Last Updated: Tuesday, December 22, 2009- Printed on: Tuesday, December 22, 2009. New Search Help [Home] [Meet Jim Ford] [Budget History] (Appraiser's Job} ]General Infc) [Amendment 1] [Save Our Homes] [Exemptions] [Tangible Property] [Locations] [Forms] [Appeals] [Property Research] jMsp Search] [Maps & Oata] [Unusable Properly) [Tax AuIhorilies] [fax Factsi IFAQ] jLinks] [In The News] [Tax Estimator] [Contact Us) Copyright ® 1997 Brevard County Property Appraiser. All rights reserved. http://www.brevardpropertyappraiser.corn/asp/Show_parcel.asp?acct-=2434961 &gen=T&... 12/22/2009 Page I of I 411m� QF -A, Pxe%tq;.d Co-un1y, Rrap. ay, Appr-qiSqu , Map j0jjNS0N-AV 7 M12 4 a 6 4 iDT17 -- ,4 E - ---- 17 T415 , 9 IQ F F11 11:3 � 14 15 .05 3 4 1!5 1 2 3 4 5 12 6.04 13 7.01 8 7.01 10.01 C, I' ly hmi� line, 4 101 .0 6 778 a 14_01 =02 http:llwww.brevardpropertyappraiser.comlscjiptslosrimap.dll?name=Brevardl&id=200905... 5/11/2009 ftil A14:: :9 1 9.01 cl 13114 121314 12 S 7 8 9 10 k3y i 3 9.01 1 LINCOLN AV j0jjNS0N-AV 7 M12 4 a 6 4 iDT17 -- ,4 E - ---- 17 T415 , 9 IQ F F11 11:3 � 14 15 .05 3 4 1!5 1 2 3 4 5 12 6.04 13 7.01 8 7.01 10.01 C, I' ly hmi� line, 4 101 .0 6 778 a 14_01 =02 http:llwww.brevardpropertyappraiser.comlscjiptslosrimap.dll?name=Brevardl&id=200905... 5/11/2009 P&RPrJS' !CT STAKING LEGAL DESCRIPTION.- Lots ESCRIPTION:Lots 1, 2,.3 and 4, Block'79 of AVON BY THE SEA, as recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida. Together with t* -.e East Z of vacated Orange Avenue lyino West and adjacent to said Lot 1, containing 0.57 acres, more or less. ?C -q A/ 5ca/--: /'= 4o ' —q � 5c1 1 d (rd.l.p. 5ef N �f I O � K,INtiw • \�I At.' .'V ttVullVtc1Y11VG /NC; - !OL ;IXIE LANE (PO. BOX 1.321) iCOCOA BEACH, FLORIDA 32931 PHONE: 783-7443 or 783-7445 SURVEYOR'S NOTES I. Only platted easements, unless noted otherwise, are shown 2. If elevations are shown they are based on N.G.V. Datum of 192 9 3. a Indicates marked lot corners 4. The bearings shown are based an an assumed North Meridian, 5. This site lies within F. 1.R. M. Zone ,5 community, Panel No. /z�O�S Gj40� Q) z GRANT AVENUE 2'rTLart7i curb 240.'3>0' .moo - 50 • t so - cps. / � 2 /6/. 0, 3. m 4 35.Go' , f i � r 0.90'' 41 t 9p 20 0 � V L.5d 1,4112�L1rJ y0' .50' Sd' h 3722' 7 Set I. R- SB! t. R. .. Sef�R•r 11 1All C3.67,J•) J ' s 7 fJ 1 �Q a i SURVEYOR'S CERTIFICATE 1 trtKttrr C;1EHT1FY: That the attached SKETCH OF SURVEY is a true representation of an actual survey made on the ground, that all encroachments are shown: I FURTHER CERTIFY, - That this survey meets or exceeds the Minimum Technbt/ Standards &` r- rind Surveying in the State of. 11'5rida, Chapter 21 HH - 6 , Florida Administratr:t.; , Ccdr. This certificate is not y id Unless embossed with the sums seal. JOh,i%F, I1Ah11 .1 f2. PROFESSIONAL 'Lkl1J �?l$Vt-YOR NO. f�Ov/'sed 10-10.85 Co.r��t �ar<.on Survey. STITE Or- Fl:ifi-?iDA Da/e: T--17-BS 1 Order No:,550474 J For Exc!usice Lise Of -- r.a,—u A/ 2, D A Elm Tj I Aw -1 Ar 17 i - {�-�' �_ E a ��Aa� r- - o. `f K - - - .F i �` '�� x eat � � �. i - - i City of Cape Canaveral, Florida Planning and Zoning Board May 12, 2010 STAFF REPORT Request: To revise the City code to add commercial parking facilities as a principal use. Applicant: Banana River LP, John and Bob Porter History: Mr. Porter approached staff and asked if he could provide parking, for a fee, on the former Azteca Restaurant property. He wanted to be able to have commercial parking to support other uses in the area; uses such as overflow parking for restaurants, parking for beach goers and those on cruise ships, etc. Staff researched the request and determined that our code does not expressly address commercial parking facilities either as a principal or special exception use. Mr. Porter was advised that the code would have to be revised to accommodate his request and he therefore filed the attached "Application for Amendment to Zoning Ordinances". Please see the application for reasons and support for the request. Mr. Porter's research reveals that Cocoa Beach, Melbourne, Malabar, Vero Beach, and New Symrna Beach allow for commercial parking facilities as a permitted use in commercial zoning districts. This request was brought the P&Z Board on April 14, 2010 as a discussion item. P&Z discussed the issue and it was the Board's consensus that commercial parking should be a special exception rather than a principal use and that requirements for visual barriers, minimum distance separations, etc. should be expressly addressed in the code. The Board recommended using the criteria for vehicle rental facilities and outside storage in preparing criteria for parking facilities. In addition to allowing for commercial parking in C-1 and C-2, the Board asked staff to consider parking garages in M-1. Analysis: Pursuant to review of Sec. 110-556, Vehicle rental facilities and other sections of the code staff proposes the following criteria for commercial parking facilities: (1) A commercial parking facility shall not be located within one-third of a mile from an existing commercial parking facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000 square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under 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 or in residential use. 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; (5) Outside areas where the motor vehicles are to be parked shall be paved and striped in accordance with the city's off-street parking regulations; (6) 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) Servicing or repair of vehicles is prohibited; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m, to 9:00 p.m. daily. (10) Each application for a special exception under this subsection shall be accompanied by a site plan drawn to scale depicting the parking lot, any buildings, landscape buffers, and driveways. Commercial parking facilities shall be required to submit site plans and undergo review per "Article VI. Site Plans" of the Code of Ordinances. Staff recommendation: Staff recommends that commercial parking facilities be allowed as a special exception use in C-1, C-2, and M-1 pursuant to the criteria listed in the proposed ordinance. ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C-1, M-1 AND C-2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE - CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to amend the City Code to authorize commercial parking facilities by special exception in the C -I, M-1 and C-2 zoning districts; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 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 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS City of Cape Canaveral Ordinance No. _-2010 Page 1 of 5 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Set. 110-334. Special exceptions permissible by board of adjustment. (c} Special exceptions may be permitted for the following: �x* (L21 Commercial parking facilities as provided in section 110-557 of this Code. All special exception applications for commercial Rarking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot, any buildings, landscape buffers and driveways. Commercial parking facilities shall be subject ct to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. �x* DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: L1, 5,� Commercial parking facilities, as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parkin Ig ot, aLiy buildings. landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VT Site Plans of this Ch_ apter• City of Cape Canaveral Ordinance No. _-2010 Page 2 of 5 DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT See. 110.383. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be permitted for the following: 14 Commercial parking facilities, as provided in section 110-557 of this Code All s ecial exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot any building Iandscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set„ forth in Article Vh Site Plans, of this Chapter. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 6. VEHICLES AND VESSELS See. 110-557. Commercial parking facilities. Lal Commercial parking facilities shall mean facilities primarily engaged in the commercial enterprise of providing parking space for motor vehicles, usually on an hourly, daily, or monthly basis. Commercial parking facilities may be authorized by special exception in the C-1 M-1 and C-2 zoning districts_ subject to the general conditions for special exceptions and the following minimum requirements: LL A commercial parking facilily shall not be located within one-third 1/3 of a mile from an existing commercial parking facility. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; City of Cape Canaveral Ordinance No. _-2010 Page 3 of 5 fa Minimum lot area for commercial parking. facilities shall be 12,000„square feet; ah Minimum lot width for commercial parking facilities shall be 100 feet, A continuous densely planted, eenbelt of not less than 15 feet in width penetrated only for ingress and egress to and from the property at points'approved by the Cijy during site plan review shall be provided along all l2roppay lines abutting public rights-of-way or properties zoned residential or containingresidential esidential use. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of this Code, as may be amended from time to time. Where a wall or fence is proposed as screening, as authorized by 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; f5,L Parking areas shall be paved and striped in accordance with the city's off- street parking regulations, All in ess and egress points to abutting_ streets shall be marked clearly and placed not closer than 150 feet_anart on the same street and shall not be placed so as to endanger pedestrian traffic,• On-site servicing or repair of vehicles is prohibited: Outdoor paging or speaker systems are expressly_ prohibited, Hours of operation shall be Iimited to 7:00 a.m. to 9:00 p.m. daily, and UO The parking of boats, trailers, recreational vehicles, and special purpose _vehicles shall be prohibited. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Council, or parts ofprior 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 City of Cape Canaveral Ordinance No. _-2010 Page 4 of 5 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ATTEST: Mia Goforth, Acting City Clerk I' Legal Ad published: First Reading: 2nd Legal Ad pubIished: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. _-2010 Page 5 of 5 City of Cape Canaveral, Florida Planning &Zoning Board . May 12, 2010 STAFF REPORT Request: For a Special Exception to allow for a child care facility in the R-2 zoning district. Applicant: Jeff W. Wells, Palms East LLC Owner of property: Jeff W. Wells, Palms East LLC Subject property: Palms East Apartments, 211 Caroline Street Future Land Use and Zoning designation: R-2, Medium Density Residential District Surrounding zoning: North — R-2, Residential East -- R-2, Residential South — R-2, Residential West — C-1, Commercial Surrounding uses: North — Apartments East — Residential and Capeview Elementary South — Residential West — Commercial center History and Description: The owners of Palms East apartments desire to start a child day care facility in the apartment complex. They intend to primarily serve the working parents who are tenants in their complex. They envision accommodating 25 to 40 children and house the day care in vacant space adjacent to the rental office. The P&Z Board considered this issue at its February and March meetings and recommended that child care be added to R-2 as a special exception use with specific criteria to evaluate the appropriateness of child care at a specific location. On April 20, 2010, the City Council adopted Ordinance No. 05-2010 which added child care to the list of special exception uses in Section 110-294 along with evaluation criteria. Subsequently, Jeff Wells of Palms East Apartments has submitted a request for a special exception to allow for a child care facility at the Palms East Apartment complex. Awnda�.rr''�`� Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zoning a. Is the requested SE consistent with the intent of the Comprehensive Plan? Yes. b. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes. c. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes. Impact to surrounding properties 1. is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. Yes. This is a low intensity use that supports needs of surrounding area which includes multifamily and single family housing, commercial, and an elementary school. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes. 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. The child care will primarily serve residents of Palms East and Oceanside Village apartments. Many patrons will walk to the facility. 4. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? This use will not create adverse impacts to surrounding properties. There maybe noise issues internal to the Palms East complex, but this is a matter between Mr. Wells and his tenants. 5. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? Yes, there is adequate screening and buffering and off-street parking. 6. 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 SE requested? Yes. Pick-up and drop-off will be handled on-site and out of the public right - Of -way. 7. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes.. 8. What are the hours of operation and how will they impact surrounding properties? 7:00am to 8.00pm Monday through Friday and 8:00am to Ipm on Saturday. This will not impact surrounding properties. Traffic and Parking 9. Are there adequate off-street parking and loading areas? Yes.. 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. 11. What type and how much traffic will the SE generate? Parents picking up and dropping off children. Many patrons will five in the apartment complex and walk to the child care facility. . 12. Are there adequate loading and unloading areas? Yes. Public Services 13. Are there adequate utilities available? Location and capacity. Yes. 14. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. 15. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? No. 16. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous lmpacts 17. Will the proposed SE 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? No. 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. No. 19. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. 20. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board This is an appropriate use at this location. The child care meets a need in that area, it is a return to mixed use that once characterized this project, and it furthers our vision of having a community with services that are accessible by walking and biking. Staff recommends approval of the requested special exception. 3 City of Cape Canaveral Building Department (Please Print Legibly or Type) DATE FILE A.,UipFEE PAID#a56.60 DEPOSITIff RECV'D BY: _� 'V ($250.00 Filing Fee is non-refundable) Fer-sk N0. 10-61 NATURE OF REQUEST Special Exce tion is for what purpose (Brief Description) �h Address of request (if applicable) C� i7�4q__wI y}Q,�( P�,�� r1A- 329 ZT� Legal Description: Lot`, 3Iocl_ Parcel Subdv ct onTownship o2 Range STATEMENT OF FACT: State of Florida, County of Brevard; I '' being duly sworn, depose and say that. I am the property owner. I am the owner(s) designated agent. (notarized authorization required) Owner(s) Name(s): Q I M S f ast LU, Address: c2i t* l_./�au h n e _ Home Phone Work Phone3al -793-777 E -Mail J!, I1S g34g2_00z-) yahoo - d&7" Applicant(s) Names(s): .fit/1'YLQ. Home Phone Work Phone E -Mail All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. gnaw ure of Applicanre, � pRunc. IMV, LLG• to d s�ft'me on this day of. Mow 20�if otary Pu li , State of Floridafig ti ; us The completed request form and the $250 filing fee must be filed as follows: Requests for ;CP Z Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), :require a' minimum of thirty (30) days prior to the next regularly scheduled Planning & Zoning Board Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is,heard by the Planning & Zoning Board. (A deposit may be required per Section 110-92) 2 ` City of Cape Canaveral APPLICATION FOR SPgCIAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4th Wednesdays of every month at 7:30 p.m. in the City Hall Annex, III Polk Avenue, Cape Canaveral, Florida. ALL OF THE. FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. ' If you have any questions, please contact the Building Department at (321.) 868-1222. 1. NAME OF APPLICANTS) Je.ttflh c4 0 We/U,5 - ratM5 ADDRESS (if assigned) .. C2 1 1 OaU'll(V Cjp�` ✓� lo� PHONE # 5.21-793 -7777 FAX # 3a1-744 -cZq7 E-MAIL,1. 115 Q3t1g7Aoz�� ° 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: LOT: BLOCK: . SUBDIVISION: PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: ilti &ZAa, SECTION: I t TOWNSHIP A4S RANGE 3 7 C&,sr DESCRIPTION;024 ?1/100 570a all C42011Ae a CSC..Wll pt,+ aF 3. ORDINA Vd4SECTIONe UN�ER SOUGHT (EXANIPLE, ARTICLE X, SECTION 2; IS 4. COMPLETE THE ATTACHED WORKSHEET IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PRESENT ZONING CLASSIFICATION: (EXAMPLE C-1, G2, R-1, R-2, M-1 ETC.) 6. PROVIDE THIRTEEN (13) COPIES OF SITE PLAN OR APPROPRIATE DRAWING(S) SHOWING THE FOLLOWING WHERE APPLICABLE: (a) Adequate ingress and egress may be obtained to and from the property, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and emergency access in case of fixe or medical emergency. 01 ORDINANCE NO. 05 2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING A DEFINITION OF "CHILD CARE FACILITY;" PROVIDING THAT CHILD CARE FACILITIES MAY BE PERMITTED BY SPECIAL EXCEPTION IN THE R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT SUBJECT TO CERTAIN CONDITIONS; PROVIDING FORTHE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the R-2 Medium Density Residential District currently includes as permitted uses residential dwellings and public schools; and WHEREAS, the City Council believes that permitting child care centers as a special exception use in the R-2 District subject to certain conditions is consistent with and will compliment the existing R-2 District uses; and Q_ WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 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 followsunderlined type indicates additions and stent type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No. 05-2010 Page 1 of 4 ARTICLE L IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used int his chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Child care faciliN means my child care center or child care arrangement as defined b section 402.302, Florida Statutes, as may be amended. of ie x ARTICLE VII. DISTRICTS DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: (0 Child care facilities licensed and operated consistent with Florida law. subject to the following conditions: f& The child care facilby must be located in a multi -family complexand any such complex shall not be an age -restricted community: JX There shall be an adequate drop-off and pick-up area onsite located outside of the public rifht of waw La One 1parking space per em to ee plus one Iparking space for eve eight 8 children shall be required, with a minimum of five S totalspaces-, MJ Adequate visual screening and noise buffers from adjacent areas shall be provided., .. City of Cape Canaveral Ordinance No. 05-2010 Page 2 of 4 fE I Each a•,p In ication for a special exception under this subsection shall be r accompanied by a site plan drawn to scale del2icting the child care building, drop— and 121ck-mp axeg6 parking,la area and ad 'acent buildings. l Adequate lighting in the pick-up and drop off 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. Section 3. Repeal of Prior Inconsistent Ordinances and. Resolutions. All prior inconsistent ordinances and resolutions adopted bythe 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 life errors may be corrected and additions, alterations, and omissions, not affecting the construPtion or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such poriion 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 2 day of April, 2010. s •, �� ROCKY RANDELS, Mayor S` i p ., ; For Against ` Bob Hoag X Buzz Petsos Motion MIAKQFORTH, Act' Rocky Randels X ,g'City,Clerk ' ori ;% J •. , , , , , C. Shannon. Roberts Second Ist Legal Ad 0u$tis1ie4':;,, Marsh 29, 2010 Betty Walsh X First Reading: ' ,.: April 6, 2010 2nd Legal Ad published: April 13, 2010 Second Reading: April 20, 2010 City of Cape Canaveral Ordinance No. 05-2010 Page 3 of 4 Approved as to legal form and sufficiency for the C' pe Canaveral only: HO NX . GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 05-2010 Page 4 of 4 ! ! A O � u a_+.�xu`''s�'sa"'t`ri.�.u'•+n�r u.;..yu.._w.+....�'-'-- W.�....- � - - -- - - ------------------ 71 -__----- -- _ N AWM V I 'x• ! Ths �yfJv F. y : I ' •SL 01• ^Cq j ..rrll� Y � � 7Y��A2AAPIYl ��• ..�.._ CHILI} ###III CARE. r ]! H $ —-------------i---- R ' N CAROLINE� p Lo O g