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HomeMy WebLinkAboutP&Z Agenda Pkt. 11-9-2011City of Cape Canaveral Comrn.Lmity Development Department ZONING BOARD MEETING i1E CANAVERAL PUBLIC LIBRARY 201 POLK ■ AVENUE NOVEMBER 92011 7:00 P.W. 1. Approval of Meeting Minutes: July 27, 2011, August 24, 2011, September 28, 2011 and October 26, 2011. 2. Recommendation to City Council Re: Proposed Ordinance No. 13-2011 Amending the City Code to Reorganize and Streamline the Development Approval Process and to Modify the Composition and Duties of Certain Advisory Boards. 3. Discussion Re: Amending City Code Section 110-171 Relating to Alcoholic Beverages and Special Exceptions. OPEN DISCUSSION: 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. Adamic Awnue Post (.7 Box 326 - C �Ipc "allaveral, FL 32920-0326 Building &I Code Enforcement: (321) 868-1222 Planning & Mvelopment (32 1) 868-1206 - Fax &- Inspection, (321) 868-1247 MEMORANDUM Date: November 4, 2011 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: November 9, 2011 P&Z Board Meeting The first item on the agenda is a review and recommendation of Ord. No. 13-2011, which implements proposed revisions to the development approval process, restructures advisory boards, and revises roles/duties of the boards. The first reading of the ordinance by Council is scheduled for Tuesday, November 15, 2011. The second item is a discussion of proposed changes to the code related to alcoholic beverages and Special Exceptions. It is my understanding that in the past Cape Canaveral had more than its fair share of bars and clubs and that they created public safety and crime problems, conflicted with the residential nature of the community, and did not foster the image desired by the residents. Accordingly, the code was revised to provide more regulation and deliberation when permitting establishments that sold or served alcoholic beverages. Minimum separation distances, minimum seating requirements, and other provisions were written into the code. The code provisions were successful in achieving the desired outcome. Times change however, and the nature of the restaurant business, the overall economy, the cost of land, and the demand for certain services have all changed as well. The citizens of Cape Canaveral want more restaurants and the code either prevents them from locating here or causes significant delays in permitting as well as unnecessary costs in staff time and board meetings. The following proposals are intended to expedite permitting of restaurants while continuing to provide necessary oversight and regulation. I look forward to your comments as we endeavor to improve the code and accommodate preferred uses. Proposals: 1. Restaurants serving alcohol — Staff proposes 1) removing requirements for a minimum separation distance, 2) removing requirement for a Special Exception for alcohol service, 3) eliminating or reducing the minimum seating requirement, and 4) eliminating or reducing the requirement for a minimum building area of 2000sf. The serving of alcoholic beverages is an integral component to many if not most restaurants. I see no need to have a minimum separation for restaurants serving alcohol or to require Special Exception approval as they do not necessarily create more issues than restaurants that do not serve alcohol. In addition, considerable staff time is expended to process Special Exception applications and to prepare the agenda and packet. There is also the cost in staff time and attorney's fees for meetings, as well as lost time to applicant. The requirement for a minimum number of seats needs to be eliminated or reduced. Also, the minimum building area of 2000 sf should be eliminated or reduced. 2. Consider reducing the minimum separation distance of 2000 feet for bars and dance clubs, etc. — Do we need to have a minimum separation for bars and clubs and if so, does it need to be 2000 feet or something less? 3. Add definitions and clean up inconsistencies in the code — Need definition for convenience store and clarify whether or not convenience stores need a SE to sell alcohol. Sec. 110-171(a) states that all establishments that sell alcoholic beverages require a SE, but C-1 zoning Sec. 110-332(13) allows for retail sales of beer and wine for off -premises consumption as a principal use and therefore permitted outright. I believe alcohol sales at convenience stores should be a principal use, therefore, a Special Exception for alcohol sales would not be required. 4. Revise requirements for Special Exception Application — Staff proposes that the requirement for a vicinity map per Sec. 110-171(a)(5)a be deleted. This requirement is onerous for the applicant and is information that more easily prepared in house and provided to the P&Z by Staff. PLANNING & ZONING BOARD MEETING MINUTES JULY 27, 2011 A Regular Meeting of the Planning & Zoning Board was held on July 27, 2011, at the City 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 Donald Dunn Harry Pearson Ron Friedman OTHERS PRESENT Susan Chapman Barry Brown NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate Secretary Planning & Development Director 1. Discussion Re: Mixed -Use Development Barry Brown introduced Kendall Keith and Andre Anderson from Planning Design Group. He advised that they are under contract as consulting planners to assist Staff in drafting an A1A zoning overlay district and may in the future assist in developing mixed-use land use and zoning designations. He advised that tonight's discussion will be about why the City needs mixed-use land use and zoning overlays. Andre Anderson will speak to the Board regarding State criteria for creating mixed-use land use districts and the processes for adopting same. Barry Brown will then speak to the Board regarding a specific overlay district that the City needs to act on soon. He explained reasons why the City needs mixed-use land use and zoning overlays. He advised that the Code has served the City well over many years and that some of the Planning & Zoning Board members were involved in drafting the Code; and therefore, they were involved in shaping the course of the City over time. Much of the effort put into the Code in the past was about turning the City into a respectable residential community and transitioning away from the early space days when it was a strip for bars, topless joints, and flop houses. Some Codes have resulted in the development of top quality hotels at the north end of the City. As our world is changing and dynamic, so is the economy and the world of development. Currently, the Code is preventing us from having the type of development that we would like to have. Chairperson Russell advised that the City had a lot of visioning workshops and a large portion of the community attended those workshops and they voted on what they wanted the community to become. He counseled the Board members to keep in mind that changes will be made to the Code to implement the City's vision. Barry Brown commented that the Code is a living document and the problem is that it has fallen behind the times and the City needs to revise the Code to remove some of the hindrances and restrictions that are limiting the type of development the City would like to have. We need to create opportunities and economic advantages for desired development. Barry Brown explained that mixed-use land use designations and zoning overlays are really part Planning & Zoning Board Meeting Minutes July 27, 2011 Page 2 of 4 of broader set of development initiatives. Additionally, the City is currently involved in creating a Brownfields Redevelopment Program. Consultants have been hired to prepare a Findings of Necessity for a Community Redevelopment Agency. Staff is meeting with consultants and representatives from the State to obtain Community Development Block Grants. The mixed-use land use and zoning overlays are part of our overall economic development initiatives. He announced that the City is about to embark on a transformative journey which will leave a lasting mark on the City. The work that is being done will define the community for decades and this effort can truly be the Board's legacy and will likely provide material for another chapter in Lamar Russell's book on zoning and planning in the City. He advised that this is what he was hired to do 3 yrs. ago. Doing something significant, that makes a difference, that you can go back years from now and say "I was a part of that". He noted that there is plenty of policy support and direction to achieve this. He advised that the 1999 Comprehensive Plan talks about having a downtown commercial zone that would allow for a neo -traditional type development with residential and commercial. The City's 2007 Redevelopment Plan talks about investment incentives for commercially zoned property, mixed-use of industrial/retail offices and service and residential. The City's 2009 Visioning showed graphic images of what we would like to have. In the beginning of 2010, the City adopted an Economic Development Action Plan which talks about the City becoming more competitive economically. Additionally, at the end of last year the City adopted the Evaluation and Appraisal Report (EAR) Based Amendments which clearly called for mixed-use land use. He summarized that the City's Comprehensive Plan is a document required by the State which is a policy document, and the Future Land Use Map is a graphic representation of that policy. He explained that when the City deals with mixed-use land use the Comprehensive Plan and the Future Land Use Map will need to be amended to create at least one new land use category. He referred to the City Code of Ordinances, Land Use Regulations, and noted that it is the implementing document. He clarified that these rules and regulations implement the Policy in the Comprehensive Plan. He advised that the City's Zoning Map is the graphic representation of what is in the Land Development Regulations (LDR). He stated that they will need to amend the LDRs and will also be creating zoning overlay districts. He explained that a zoning overlay district is an area in which unique rules and regulations apply to property within that boundary. He explained that the purpose of the City's mixed-use land use designations and zoning overlays is to maximize the City's potential, by maximizing development potential and tax base, creating job opportunities, and by creating the type of services the community desires. He referred the Board members to the hand-out which was a use matrix for C-1, C-2, and M-1 zoning districts which listed some of the issues that need to be addressed, including raising the maximum building height; removing minimum acreage for a hotel; provide minimum landscape buffer widths; parking requirements, including shared parking; allowing for hotels in C-2; create architectural design standards; address wayfinding signage; and address zoning for the United Space Alliance building. Bary Brown responded to various questions and comments from the Board members and audience. Andre Anderson of Planning Design Group, provided background relating to the State requirements to create mixed-use land use and zoning that would allow for mixed-use development. He explained how the City would implement the mixed-use zoning district. He noted that Senate House Bill 7207 was adopted by the Florida Legislature and signed by the Governor. He advised that there has been a lot of discussion about impacts and implications of the House Bill. One of the results of the House Bill was a section that was titled "Planning Innovations", Chapter 163, Section 163.3168, which is a new chapter that essentially provides for innovation on how local governments plan. He read the chapter section and summarized Planning & Zoning Board Meeting Minutes July 27, 2011 Page 3 of 4 that the legislature has recognized the need for a different way of planning for the future which sets the stage for the City to create a mixed-use category. He read the next paragraph of the section and summarized that this section encourages local government to apply innovative planning tools; including, but not limited to, visioning; sector planning; and rural land stewardship area designations to address future development areas; urban stewardship area designations; urban growth boundaries; and mixed-use high density development in urban areas. He advised that over the next year the State will meet with local governments and assist them in figuring -out how this is done. He explained that mixed-use is not a new concept to planning, it is already in the Administrative Code 9J5 to implement F.S. 163. He clarified that when Senate House Bill 7207 was adopted much of Administrative Code 9J5 was repealed and put into the new Chapter 163. He explained that the City will need to amend both the Future Land Use Map and Comprehensive Plan to identify a mixed-use development land use category. Andre Anderson answered various questions and comments from the Board members and audience. Barry Brown advised that the City is going to create a mixed-use land use designation, but currently the City has a more immediate need to revise the Code to accommodate some quality development. The area is generally along Al between the Port in the north and the Canaveral River area in the south. The City needs to revise the zoning to make accommodations for building height; minimum acreage for hotel; define accessory uses for hotels; enhanced landscaping requirements and architectural design standards. Because the changes needed do not involve a change to the Comprehensive Plan or the Future Land Use Map the City is proposing to proceed forward with an overlay district, tentatively known as the Al Economic Enhancement Overlay District. The Board members viewed an aerial of the proposed zoning overlay district area. He advised that the properties will still have the existing zoning and any project within the overlay district would be developed or redeveloped as a Planned Development (PD). He explained that a PD is basically a unique zoning district in some ways similar to a Special Exception. He advised that staff will come back to the Board and present proposed language for this overlay district. He noted that this is one of staff's highest priorities. Barry Brown answered various questions and comments from the Board members and audience. Discussion continued regarding the existing and potential uses of the properties within the proposed overlay district. Barry Brown explained the Community Redevelopment Agency (CRA) process. He advised that the City is working with Kimley-Horn & Associates to prepare the Finding of Necessity (FON) which is the document that will demonstrate the City's need for a CRA. A draft of the FON should be available by the middle of August. A part of the FON is to define the boundaries of the CRA. He was confident that there will be a joint workshop with City Council to define the proposed boundaries. Then the FON, with the boundaries defined, will go to the County Commission for approval. In these economic times, the County Commission will be diligent in its review of the City's FON and proposed boundaries. He noted that the City will need to be able to support every property contained within the CRA boundaries as having a need based on the criteria in the Florida Statutes. Commissioner Chuck Nelson supports our desire to create a CRA and will be our advocate in obtaining support of the other commissioners. Barry Brown explained the Brownfields Redevelopment Program. He advised that staff is working with Kimley-Horn & Associates. There will be a presentation to the City Council on Tuesday, August 16th. He encouraged each Board member to attend. Consultant, David Planning & Zoning Board Meeting Minutes July 27, 2011 Page 4 of 4 Goldman will explain to the Council exactly what the Brownfields Redevelopment Program is, what is involved in designating a brownfields area, and any ramifications it may have. He explained that this is a program that provides for both Federal and State incentives. He noted that it is the City's intention to include all properties zoned C-1, C-2 & M-1 within the Brownfields area. This will mean that these designated properties will be eligible for grants for clean-up and tax incentives for creating jobs. He noted that a property within the Brownfields area did not need to be contaminated, only a perception that there might be contamination, which is interpreted very liberally. Barry Brown responded to various questions and comments from the Board members and audience. Barry Brown spoke to the Board regarding the City obtaining Community Development Block Grants (CDBG). He explained that the City is working with a consultant and hoping to have a site visit from a representative from DCA to review the area that the City is proposing for the CDBG. The Board members reviewed a hand-out of House Bill 7207. Barry Brown advised that the summary included the major revisions to growth management laws. He welcomed the Board members to call him if they have any questions. There being no further business the meeting adjourned at 8:42 p.m. Approved on this day of , 2011. Lamar Russell, Chairperson Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES AUGUST 24, 2011 A Regular Meeting of the Planning & Zoning Board was held on August 24, 2011, at the City 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 MEMBERS ABSENT Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre F-0-71 kq :. NEW BUSINESS Chairperson Vice Chairperson 2`d Alternate Secretary Assistant City Attorney Planning & Development Director 1. Approval of Meeting Minutes: May 25. 2011. Motion by Bea McNeely, seconded by John Fredrickson to approve the meeting minutes of May 25, 2011. The Board members complimented the Board Secretary on the excellent writing of the minutes. Motion carried unanimously. 2. Recommendation to City Council Re: Proposed Ordinance No. 06-2011 Relating to Pain Management Clinics. Kate Latorre advised that staff was bringing the draft ordinance to the Board at this meeting in an effort to move it forward at a certain pace because Brevard County, which previously had adopted a County wide moratorium on the issuance of local business tax receipts for pain management clinics was set to expire this week. However, just a few days ago, she received confirmation that the County had extended the moratorium for an additional year. She advised that the City should take advantage of the County wide moratorium for as long as it can. She explained that now the City has plenty of time to enact the ordinance. She will add a clarifying statement in the ordinance that the City is not opting out of the Brevard County moratorium. She advised that the City can delay the effective date of the ordinance until the County moratorium expires. The Board members agreed to move the proposed ordinance forward to City Council. Planning & Zoning Board Meeting Minutes August 24, 2011 Page 1 of 2 The Board members reviewed the proposed ordinance relating to pain management clinics. Kate Latorre gave an overview of the proposed ordinance. She advised that many problems associated with pain management clinics originated in South Florida and were becoming more prevalent in the Central Florida area. Many local governments are now implementing zoning schemes or license schemes in an effort to regulate pain management clinics. The City has chosen to regulate the use, through zoning, by limiting the use in C-1 & C-2 zoning districts by special exception. Discussion was held regarding why the use was being limited to only C-1 & C-2, and not M-1. Kate Latorre advised that staff initially considered the use in M-1, however the Sherriffs office is of the opinion that they would prefer they be kept in the commercial zones where they are more visible. Discussion was held regarding the city annually verifying the appropriate licensing. The Board members agreed to ask Kate Latorre to speak with the Building Official regarding verification of appropriate licensing during the annual renewal of the business tax receipt. The Board reviewed an email from Board member Ron Friedman who could not attend the meeting. He had suggested that on pg. 7, item (j) (") regarding "similar law", removing the words "where such person is licensed to practice". He explained that an individual may be licensed in the State, but may have been convicted or pleaded nolo contendere in another State where he/she is not licensed. He used the example that the person may have been arrested for selling a small amount of marijuana in a State where the penalty may be a fine, probation, or suspended sentence. Following discussion, the Board members agreed that on pg. 7, item (j) (ii) to remove the phrase "where such person is licensed to practice"........ The Board members continued to review and discuss the draft proposed ordinance. Motion by Harry Pearson, seconded by Donald Dunn to recommend approval of proposed Ordinance No. 06-2011, with the condition that on pg. 7, item 0) (ii) the phrase "where such person is licensed to practice" be removed. Vote on the motion carried unanimously. OPEN DISCUSSION: Barry Brown gave a status update on some of the projects the City is working on, as well as, some of the proposed revisions to the development approval process and the restructuring of some of the City Boards. Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 8:05 p.m. Approved on this day of Lamar Russell, Chairperson Susan L. Chapman, Secretary , 2011. PLANNING & ZONING BOARD MEETING AS THE CITIZENS ADVISORY TASK FORCE FOR THE CDBG PROGRAM MEETING MINUTES SEPTEMBER 28, 2011 A Regular Meeting of the Planning & Zoning Board was held on September 28, 2011, at the City 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 OTHERS PRESENT Susan Chapman Kim Kopp NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate Secretary Assistant City Attorney Recommendation to City Council Re: Community Development Block Grant Application Submittal. Fred Fox, Fred Fox Enterprises, advised that he has been retained to assist the City with the application and administration of the Community Development Block Grant (CDBG). He explained that as part of the application process certain policies must be adopted by the City to satisfy Federal and State requirements. One of the requirements is for the adoption of a Citizens Participation Plan that includes the establishment of a Citizens Advisory Task Force (CATF) to serve as a liaison between the City and its constituents regarding CDBG projects. The Resolution to appoint the Planning & Zoning Board as the CATF was adopted by the Council on September 20, 2011. Mr. Fox described the project and explained how the grant funds would be spent. He advised that the City is eligible to apply for a maximum of $750,000 in CDBG Economic Development (ED) grant funding; the proposed project is in the ED category; the CDBG Program is federally funded through the U.S. Department of Housing and Urban Development (HUD). He outlined the minimum requirements of the 2011 CDBG ED application. He explained that the City is eligible to apply for a maximum of $750,000 in grant funds; the City can apply for an ED grant in each state funding cycle; for every $34,999 in CDBG ED grant dollars requested, a permanent full time equivalent position must be created at the project site by the developer; at a minimum, 51 % of the people employed at the new facility must have been members of low and moderate income households prior to their employment by the developer; the community cannot be reimbursed for items contracted for prior to release of grant funds by the State; the Department of Economic Opportunity (DEO) will perform a site visit related to the project after the application has been reviewed by the State and prior to offering the City funding for the project; the City's initial grant contract with DEO will be for 24 months; the CDBG funds will be utilized for streetscape improvements, street lighting upgrades, new sidewalks, and sewer line installation along Central Boulevard. Brief discussion followed. Planning & Zoning Board Meeting Minutes September 28, 20.11 Page 2of2 Mr. Ringdahl, developer, verified that his assisted living facility project will create at least 22 new jobs for people with low and medium income. He advised that the City should be issuing the building permit within the next two weeks; a new lift station would be an upgrade to the project and other subsequent development on W. Central Boulevard; and the existing 8 inch sanitary sewer line will be upgraded to 12 inches; and if the grant is not successful he will still go forward with the project. He noted that the project is not fully funded, and Mr. Fox commented that within four months of the City applying for the CDBG Mr. Ringdahl will be required to prove that the project is fully funded. Motion by Donald Dunn, seconded by Harry Pearson to recommend that Council proceed with the CDBG application submittal. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 7:44 p.m. Approved on this day of , 2011. Lamar Russell, Chairperson Susan L. Chapman, Secretary PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 26, 2011 A Regular Meeting of the Planning & Zoning Board was held on October 26, 2011, at the City 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 John Fredrickson Harry Pearson Donald Dunn Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Barry Brown NEW BUSINESS Chairperson 1 St Alternate Secretary Assistant City Attorney Planning & Development Director 1. Recommendation to the Board of Adjustment Re: Special Exception Request No. 11-04 to Allow a Restaurant to Serve Beer and Wine in the C-1 Zoning District — (6910 N. Atlantic Avenue) - Vincent E. Keenan, Applicant. Barry Brown, Planning & Development Director reported that a Special Exception for beer and wine was granted for this property in early 1990 and remained in effect until it expired on March 30, 2011. Boston Beef and Seafood ceased operations on September 30, 2009, and more than 18 months lapsed before another business serving alcohol applied for a Business Tax Receipt. The applicant is currently operating a casual restaurant serving hot dogs, hamburgers, etc. and desires to sell beer and wine as was allowed at this location in the past. The restaurant use is compatible with surrounding uses and this request is consistent with the past use and appropriate at this location. Chairperson Russell asked the Board members if they had any questions regarding the Special Exception worksheet, for the applicant, or staff. A very brief discussion followed. The Board members wished the applicant much success with his business. Motion by Harry Pearson, seconded by John Fredrickson to recommend that the Board of Adjustment grant Special Exception Request No. 11-04, as requested. Vote on the motion carried unanimously. 2. Recommendation to the Board of Adjustment Re: Special Exception Request No. 11-05 to Allow for the Sales of New & Used Automobiles (Low Speed Electric Vehicles) in the C-1 Zoning District (8075/8085 N. Atlantic Avenue) — James Clippert, Applicant. Barry Brown, Planning & Development Director announced that the applicant withdrew his request. Planning & Zoning Board Meeting Minutes October 26, 2011 Page 1 of 2 3. Election of Vice Chairperson. The Board recognized Bea McNeely and thanked her for her valued contributions and many years serving on the Board. Chairperson Russell opened the floor to nominations for Vice Chairperson. John Fredrickson nominated Harry Pearson. Ron Friedman seconded the nomination. Donald Dunn nominated Ron Friedman. Kate Latorre, Assistant City Attorney advised that an alternate member could not be nominated. There being no further nominations Chairperson Russell closed the floor for nominations. Vote on the nomination to elect Harry Pearson as Vice Chairperson carried unanimously. OPEN DISCUSSION: Barry Brown, Planning & Development Director advised that the next meeting would be held on November 9, 2011, to review and make a recommendation to the City Council regarding Board restructuring. Motion by Harry Pearson, seconded by Bea McNeely to adjourn the meeting at 8:05 p.m. Approved on this day of , 2011. Lamar Russell, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral, Florida Planning & Zoning Board November 4, 2011 STAFF REPORT Subject: Ordinance No. 13-2011. An ordinance of the City of Cape Canaveral, Brevard County, Florida, amending the code of ordinances to reorganize and streamline the City's development review process and to modify the composition and duties of certain city boards; amending Chapter 2, Administration, related to committees and commissions; amending Chapter 22 related to community development; amending Chapter 46, related to the Library Board; amending Chapter 54, related to parks and recreation; amending Chapter 110, related to the Board of Adjustment and Planning and Zoning Board, and related to land use decisions and site plans; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. Summary: On August 16, 2011, Staff presented to Council proposed revisions to the Code that would streamline the development approval process and restructure certain advisory boards. After discussion, the Council unanimously passed a motion to proceed with policy and ordinance revisions to implement the recommendations. Ordinance No. 13-2011 addresses the following recommendations: Revisions to the Development Approval Process The goal of City Staff is to establish a development approval process that is user friendly, less costly and time consuming, supports job growth and economic development, and results in a better built environment. Staff proposes to accomplish this goal by revising applications to be more intuitive and informative and by streamlining the site plan review process. Staff proposes to streamline the review process by shortening staff review timeframes and assuming more of the review and approval responsibilities while relieving advisory boards and the Council of some of their responsibilities. These revisions follow recommendations developed by the Economic Development Commission of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an acronym for Simplified, Nimble, Accelerated Permitting. During the SNAP process the EDC and local governments developed a best practices model for both building and site permitting to streamline permitting processes throughout the County. Architectural Review Objectives: 1) To create an architectural review process that results in a more architecturally appealing built environment; provides applicants, architects and engineers with guidelines in designing structures; and make the review process more 1 objective while continuing to allow for subjective and site specific input by City Staff and Boards; and 2) save dollars by relieving Community Appearance Board (CAB) from review of single family homes, small commercial projects, commercial building colors and signs. Recommendations: 1. Remove Level 1 review as a consideration for the CAB. Level 1 review includes residential construction not exceeding three units and commercial additions exceeding 850 square feet. Level 1 review can be handled by Staff. 2. Remove review of signs by the CAB and clarify that fences do not require CAB review. The City adopted a major revision to the sign ordinance in May of 2009 that clearly establishes sign specifications rendering review by the CAB unnecessary. Items addressed in Ord. No. 13-2011: 1. Sec. 22-44 revised to remove Level 1 review as a consideration for the CAB. 2. Sec. 22-40(a) revised to delete review of signs by the CAB and clarify that fences do not require CAB review. Site Plan Review Objective: Expeditiously review site plans thereby saving the applicant and the City time and money. Recommendation(s): 1. Streamline the review process - Remove responsibility for site plan approval from the Council and restore it to a Staff function. This will accelerate the approval by at least two weeks, usually more, and save the applicant the cost of consultants attending the Council meeting. By the time a site plan set reaches the Council, any significant revisions would be costly and time consuming. 2. Reduce the number of site plans requiring review beyond the Staff level by removing requirement for commercial additions to go through formal site plan review pursuant to Chapter 110-221. Items addressed in Ord. No. 13-2011: 1. Sec. 110-223 revised to remove Council from the site plan approval process and make the P&Z Board recommendation a recommendation to Staff. 2. Sec. 110-221 amended to remove commercial additions exceeding 850 sf from requiring full site plan review and thereby making commercial additions subject to staff review only. Variances and Administrative Appeals Objective: To streamline the process for variances and administrative appeals. Recommendation: Discontinue recommendation from P&Z; take variances and administrative appeals directly to the Board of Adjustment. The majority of cities in Brevard County take this approach. Item addressed in Ord. No. 13-2011: Sec. 110-37 amended to remove the recommendation from P&Z for variances and administrative appeals. Restructuring of Advisory Boards and Committees All Boards Periodically the City needs to reevaluate the function and form of its advisory boards. Advisory Boards should be structured in a manner that best serves the needs of the Council and citizens by providing more citizen participation, now and over time, and by being more responsive to the changing economic, aesthetic, recreational and cultural needs of the City. In light of recent revisions to the City Charter, the EDC's S.N.A.P. Initiative, and in an effort to increase citizen involvement, Staff has reevaluated the function and form of the Advisory Boards and Committees and is proposing the following changes. Recommendations: 1. Staff recommends that all Boards consist of seven voting members, rather than five, and that there be no alternates. This will allow for more citizens to participate fully in Board actions, removes second class status from alternates, and precludes non- voting members from coopting Board discussions and deliberations. 2. Board members should be appointed to a single three-year term. Board members may be eligible for one additional term, but should be subject to review by the City Council prior to being reappointed and limited to two terms as is the Council. If Board members desire to serve an additional term, they should reapply and state their case for continuing to serve on the Board with an emphasis on the contributions they have made to the Board. 3. Revise names and duties for the Board of Adjustment, Business and Economic Development Board, Community Appearance Board, Recreation, and Planning and Zoning Boards. Items addressed by Ord. No. 13-2011: 1. See below for reference to code sections revising the number of voting members for each board. 2. Sec. 2-171(f) has been revised to reflect term limitations for board members. 3. See below for reference to code sections revising the names and purpose and duties for the Board of Adjustment, Business and Cultural Development, Community Appearance, Planning and Zoning and Recreation Boards. Beautification Board Staff believes that there is some overlay of duties between the Beautification Board and the Community Appearance Board and that a greater efficiency can be obtained by eliminating the Beautification Board and transferring some of its duties to the Community Appearance Board. Recommendation: Eliminate the Beautification Board and transfer some of its duties to the Community Appearance Board. Items addressed in Ord. No. 13-2011: 1. Sec. 2-181-186 has been revised to delete reference to the Beautification Board. 2. Sec. 22-36 (c) has been revised to add "Tree City" designation responsibilities to the Community Appearance Board. Business and Cultural Development Board The Board has achieved many of its stated purposes including preparation of a commercial redevelopment plan. And while cultural activities broadly support business, they are not part of the core mission of an economic development advisory body. Staff believes the purpose and duties should now be focused on economic development and job creation. The Board should be renamed the Business and Economic Development Board to reflect this change of focus and cultural duties should be transferred to the Leisure Services Board. The Board may include some members from the existing board, Visioning Committee members, and business owners or managers in Cape Canaveral. All members shall either live or own or manage businesses in Cape Canaveral. Beyond general economic development, the Board will encourage implementation of the 2010 EDAP. Recommendations: 1. Change name to Business and Economic Development Board. 2. Consist of seven voting members. 3. Transfer cultural duties to the Cultural and Leisure Services Board. Items addressed in Ord. No. 13-2011: 1. Sec. 22 -tions of Chapter 22 renaming Business and Cultural Development Board as the Business and Economic Development Board and revising the purpose and duties of the Board. 2. Sec. 22-28 revised to call for seven voting members. 3. Sec. 22-33 revised to remove references to cultural duties. Board of Adjustment Recommendation: The Board should consist of seven voting members, rather than five, and there should be no alternates. 4 Item addressed in Ord. No. 13-2011: Sec. 110-2(a) revised to call for seven voting members rather than five. Community Appearance Board Recommendations: 1. Merge duties/responsibilities from the Beautification Board into the Community Appearance Board including "Tree City" designation responsibilities. 2. The Board should consist of seven voting members. 3. Remove responsibility for Level 1 review. Items addressed in Ord. No. 13-2011: 1. Sec. 22-36 amended to transfer responsibility for "Tree City" standards from the Beautification Board. 2. Sec. 22-37(a) revised to call for seven members on the Board. 3. Sec.22-44 amended to remove responsibility for Level 1 review. Planning and Zoning Board Recommendations: 1. Consist of seven voting members. 2. Remove P&Z from variance and administrative appeal process. Items addressed in Ord. No. 13-2011: 1. Sec. 110-3 revised to call for a seven member board. 2. Sec. 110-3 amended to remove advisory responsibilities for variances and administrative appeals. Recreation Board Recommendations: 1. Incorporate cultural duties formerly handled by the Business and Cultural Development Board. 2. Rename Cultural and Leisure Services Board. Action Item: 1. Chapter 54 revised to change name to Cultural and Leisure Services Board. 2. Sec. 54-28 revised to include cultural events. Staff Recommendation to the Planning and Zoning Board Staff recommends approval of Ordinance No. 13-2011 5 ORDINANCE NO. 13-2011 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES TO REORGANIZE AND STREAMLINE THE CITY'S DEVELOPMENT REVIEW PROCESS AND TO MODIFY THE COMPOSITION AND DUTIES OF CERTAIN CITY BOARDS; AMENDING CHAPTER 2, ADMINISTRATION, RELATED TO BOARDS, COMMITTEES AND COMMISSIONS; AMENDING CHAPTER 22 RELATED TO COMMUNITY DEVELOPMENT; AMENDING CHAPTER 46, RELATED TO THE LIBRARY BOARD; AMENDING CHAPTER 54 RELATED TO PARKS AND RECREATION; AMENDING CHAPTER 110, RELATED TO THE BOARD OF ADJUSTMENT AND PLANNING & ZONING BOARD, AND RELATED TO LAND USE DECISIONS AND SITE PLANS; 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 desires to improve the quality and efficiency of its development review process in an effort to make it more user friendly, less costly and time consuming, and to support job growth and economic development in the City; and WHEREAS, in order to facilitate these improvements, the City desires to reorganize and streamline its development review process by modifying certain development review procedures as set forth herein; and WHEREAS, the City additionally desires to restructure the composition and duties of its appointed boards and committees as set forth herein; 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 1T ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 13-2011 Page 1 of 21 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. Amendment to Chapter 2, Administration. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sttikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS DIVISION 1. GENERALLY Sec. 2-171. Uniform procedures and requirements. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: (1) Registered voter shall mean a person duly registered to vote in city elections at all times while serving on a board or committee. (2) Resident shall mean any person living within the city limits at all times while serving on a board or committee, and at least 12 months prior to being nominated, elected or appointed to the board or committee. Business owner shall mean any person who possesses the exclusive right to hold, use, benefit from, enioy, convey, transfer, and otherwise dispose of an asset or property of a business located within the City, or a designated employee of that business. ( c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: (1) Complete a board or committee application as prescribed by the city council; City of Cape Canaveral Ordinance No. 13-2011 Page 2 of 21 (2) Consent to a standard criminal background check, at the discretion of the city council; (3) Be a resident and registered voter, or business owner, as defined by this section unless the city council by unanimous vote waives this requirement upon a determination that a vacancy on a board or committee must be filled by a person with specialized skills and training and a resident and registered voter, or a business owner, with such skills and training cannot be reasonably found to fill the vacancy. If said requirement is waived, the vacancy shall only be filled by a person who is a resident of the city or who owns a business or real property within the city; and (4) Have never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, unless their civil rights have been restored. Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph; and - (5) Complete interviews with the board or committee on which the person is seeking appointment and with the city council. (d) Limitation on number of nonresidents serving on boards and committees. Notwithstanding the foregoing, there shall be no more than 2 voting board or committee members not satisfying both the residency and registered voter requirements allowed to be appointed or elected to the maxinitim namber of persons not satisfying both the residency and rcgistcred voter rcquirenicitts of this section that can serve on a particular board or committee, with the exception of the business and economic development board, of which only two (2) of the board members are required to be residents shall be equal to 25 pei cent of the total numbei of voting board o, connnittee inernbets allowed to be appointed or (f) Term. All board and committee members shall be appointed to serve a three-year terms and may be reappointed by the city council for subsegttent one (1) additional three-year terms without limitation. There shall be no limit on the total number of terms a board or committee member may serve, except no person shall be appointed to more than two (2) consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the city council may appoint a member to a term of less than three years in order to stagger the terms of the entire board or committee. If a member is removed, or vacates their appointment for any reason, including death, excessive absence, or resignation, prior to the expiration of their term, the city council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. Sec. 2-172. Code of Conduct. Reserved. City of Cape Canaveral Ordinance No. 13-2011 Page 3 of 21 In addition to adhering to the requirements of state law, any person appointed to serve as a member of a city board or committee shall commit to the following code of conduct by written affirmation, which shall remain on file with the city clerk, as follows: (a) I affirm that the proper statutory and City Charter role of members of appointed City boards and committees, as with any member of an appointed government body, is to act collectively, not individually, to apply the city's governing policies, and that the city manager and staff administer such policies. I understand that an appointed board or committee member does not manage the affairs of the city. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a majority vote of the city council and not the individual wishes of board or committee members. ( c) I will represent the interests of the entire city when making decisions and will rely upon available facts and my independent iudgment. In my capacity as an appointed board or committee member, I will avoid conflicts of interest and avoid using my official position for personal, professional, or partisan gain. I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as an appointed board or committee member. I will refrain from intimidation and ridicule of fellow board or committee members, city manager, city attorney, staff, citizens of the city, and city utility customers. (e) In my capacity as an appointed board or committee member, I will refrain from inappropriate language including statements that are malicious, threatening, slanderous, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an appointed official and the honor of my respective city board or committee. (f I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision-making process. W I will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of my respective city board or committee. City of Cape Canaveral Ordinance No. 13-2011 Page 4 of 21 I will devote adequate time for preparation prior to my respective city board or committee meetings and as much as possible, I will be in attendance at such meetings and all other scheduled events where my participation is required. I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow board or committee members, city manager, city attorney, staff, citizens of Cape Canaveral, and city utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. Jil I will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and my fellow board or committee members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or in my capacity as a city board or committee member. I will maintain the confidentiality ofprivileged information and will abide by all laws of the State of Florida applicable to my conduct as a board or committee member, including but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct. I will promote constructive relations in a positive climate with all city employees, city attorney, and city contractors and consultants consistent with my role as a board or committee member, as a means to enhance the productivity and morale of the city. I will support the city manager's decision to employ the most qualified persons for staff positions. I will recognize the bona fide achievements of the city manager, staff, city attomey, city contractors and consultants, business partners, and others sharing in, and striving to achieve, the city's mission. (m) I will enhance my knowledge and ability to contribute value to the city as a board or committee member by keeping abreast of issues and trends that could affect the city through reading, continuing education and training. I will study policies and issues affecting the city, and will attend training programs if required by the city. My continuing goal will be to improve my performance as a board or committee member. (n) I will value and assist my fellow board or committee members by exchanging ideas, concerns, and knowledge through lawful means of communication. I will help build positive community support for the city's mission and the policies established by the city council. () I will support and advocate for my beliefs, but will remain open to understanding the views of others. I recognize that I share in the responsibility for all City decisions that my respective board makes and will accept the will of the majority. (p) As a board or committee member, I will always hold the best interests of the citizens of the city and the public health, safety and welfare of the community in the highest regard. I will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. City of Cape Canaveral Ordinance No. 13-2011 Page 5 of 21 (q) I will be accountable to the city council for violations of this code of conduct. Sec. 2-172 2-173 - 2-180. Reserved. DIVISION 2. RESERVED BEAUTIFICATION BOARD Secs. 2-181. - 2-205. Reserved. See. 2 181. Established, member -ship, ter-fas, qualifleations. Jf iil�f7�filgf .��11 Section 3. Amendment to Chapter 22, Community Development. Chapter 22, Community Development, 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 22. It is intended City of Cape Canaveral Ordinance No. 13-2011 Page 6 of 21 that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 22. COMMUNITY DEVELOPMENT ARTICLE II. BUSINESS AND ECONOMIC DEVELOPMENT BOARD Sec. 22-27. - Established. The city establishes a business and economic Mural development board in and for the city. Sec. 22-28. - Composition. The business and economic cultural development board shall consist of seven 7 free regular members. Sec. 22-33. - Purpose and duties. to: The business and economic cultural development board shall have the purposes and duties powwwcw% PERSON, (1-2) Provide recommendations to the city related to the i.hnplementation of the council - City of Cape Canaveral Ordinance No. 13-2011 Page 7 of 21 redevelopment plan prepared in 2007, the recommendations of the 2009 Community Visioning Committee and its Vision Statement, and the Economic Development Action Plan prepared in 2010 as di, ceted and funded by the ectincil. (23) Confer with and advise the city council on all matters concerning the development of commerce in -the -city. The board shall encourage high value business investment and job creation in the city and advise the city on actions to undertake in accomplishing this goal. Actions may include code revisions that remove barriers to development for desired businesses, creation of development incentives such as a community redevelopment agency and brownfields redevelopment program, creation of mixed use land use and zoning districts, revisions to current zoning districts to allow for desired types of development, among others. (334) As may be requested, act as liaison for the city in the area of public relations with the following: a. Cocoa Beach *Tea RegionalChamber of Commerce. b. Canaveral Port Authority. C. eounty Economic Development Commission of Florida's Space Coast e0uncil. d. Other similar organizations or agencies which, in the opinion of the business and economic cvltaral development board, would be appropriate for such liaison_; and the (44f) Determine from existing commercial enterprises in the city and interested outside entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and encourage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action. (556) Advise then the city manager of the advent of any new commercial activity, i.e., new businesses, significant change in existing businesses, etc., in the city's commerce in order that timely and appropriate recognition by the city can be effected. (66-7) Cooperate with all community groups, which are dedicated to orderly commercial expansion of the city and furnish them with aid and advice as is deemed appropriate. (7$) Generally, encourage in any manner the development of business, commerce, industry and tourism in the city. (889) Investigate sources of financial assistance available to the city from the governmental City of Cape Canaveral Ordinance No. 13-2011 Page 8 of 21 or private sector and assist the city as di, ected by the city cot in properly applying and promoting the successful acquisition of the assistance. For the purpose of this article, financial assistance may be in the form of grants, low interest loans or physical property, including that of real or personal nature. Activity in the private sector will be limited to established foundations. Review and consider the merits of applications for Economic Development Ad Valorem Tax Exemptions; make recommendations to the city council as to whether or not to grant the exemption, and if the exemption is granted, the percentage of the exemption and period of time for the exemption; make recommendations related to additional incentives, including, but not limited to development fee waivers and financial contributions. Sec. 22-34. - Advisory capacity. The powers and duties of the business and economic etiltural development board are of an advisory nature only, and the board shall not have any powers or duties which conflict with or supersede the powers and duties of other city boards. Sec. 22-35. - Indebtedness. The business and economic etrltnral development board shall not incur any debts or enter into any contracts or obligations, which would be enforceable against the city, unless prior approval has been obtained fiom the city council. ARTICLE III. COMMUNITY APPEARANCE REVIEW Sec. 22-36. Statement of findings and purpose. (a) The logo of Cape Canaveral, and its accompanying motto "Sun, Space and Sea," signifies Cape Canaveral's unique cultural character and beauty. Indicative of Cape Canaveral's uniqueness is its reputation as primarily a residential waterfront community with beautiful beaches and scenic ocean vistas, within close proximity to several internationally renowned tourist destinations including the Kennedy Space Center and several major cruise ship terminals. (c) The facilitator of this effort shall be the community appearance board whose primary purpose shall be to encourage uniform architectural standards and cohesive community development consistent with the intent and purpose of this article and the standards necessary to maintain the "Tree City" designation. (g) The essential foundation of beauty in communities is harmony. The plan for City of Cape Canaveral Ordinance No. 13-2011 Page 9 of 21 achieving beauty must grow out of out special local characteristics of site, development and redevelopment potential. Some local areas of natural beauty are the beaches, ocean and the Banana River. The vistas and visual delight of these should only be enhanced. Sec. 22-37. Board established; membership; qualifications of members. (a) Established. There is hereby established a community appearance board which shall consist of five seven 7 members. Sec. 22-39. Proceedings of the board. (a) Meetings shall be held as necessary and when held, preference shall be given to on the first and or third Wednesday of each month The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. Sec. 2240. Approval prerequisite for permits. (a) Without exception, the following shall be approved by the community appearance board before a pen -nit is issued for development of property which has an exterior, visual impact or effect on the community: (1) All plans and; elevations and proposed -signs for buildings or structures, except fences, within any zoning district, or any alterations thereto. (2) Exterior building and roof colors for non-residential development within the C-1, C-2, and M-1 zoning districts, or any alterations thereto. (b) Notwithstanding paragraph (a) of this section, if the bttilding offi city manager or designee determines (at his or her sole discretion) that an building pen application for community appearance approval is minor or insignificant, the city manager or designee building official may grant the -permit approval without submitting the application to the community appearance board for approval, providing the pe, nit approval is consistent with the intent and purpose of this article. For purposes of this paragraph, the phrase "minor or insignificant" shall mean a small scale renovation or modification project affecting a small site and having a nominal exterior visual impact and effect on the community. Any party or person adversely affected by a decision made by the building offi city manager or designee may appeal such decision to the community appearance board. Sec. 2242. Procedure. City of Cape Canaveral Ordinance No. 13-2011 Page 10 of 21 (a) Submission of application. All applicants for a building permit, subject to the provisions of this article, shall submit to the city manager or designee building offi the documents prescribed in section 22-44, together with an application fee to be adopted pursuant to appendix B. (b) Scheduling and notice of hearing. Upon receipt of the required documents, the cit manager or designee building officiml shall forthwith schedule a hearing on the application before the community appearance board. Notice of the time and place of the public hearing shall be given to the applicant at least seven days prior to the date of the public hearing. Public notice of the time and place of the public meeting shall also be posted at places within the city deemed reasonably appropriate for providing such notice. Public notice shall also contain the name of the applicant, a general description of the property, and a general description of the applicant's application request. Sec. 2244. Application criteria. Upon an application created by the building offi city manager or designee, an applicant shall submit the following application criteria to the building-offrcia} city manager or designee for consideration by the community appearance board: ., .. .. Level I review (,'%?iuH (2)—be-W! 2 ;met (Commercial, residential subdivisions, four or more multifamily residential,. wrd industrial, and nuxed-us a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. For new development of unimproved property, a rendered concept plan depicting, in detail, location of landscaping and all the elements on the City of Cape Canaveral Ordinance No. 13-2011 Page 1 I of 21 site; All preliminary elevations; d. Materials, texture and colors board depicting location of colors; and Minimum of three color photographs of site and setting. (3 �) Level -3 2 review (Change orexterior building or roof color upon commercial or mixed-use buildings or structures within the C-1, C-2, or M-1, or overlay zoning districts): a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. Materials, texture and color board depicting location of colors; and C. Minimum of three color photographs of site and setting (surrounding area). Sec. 2245. Concept plans. All concept plans submitted for consideration under this article for the new development of unimproved property shall indicate the following sufficiently: (5) A conceptional conceptual preliminary landscaping plan; Section 4. Amendment to Chapter 46, Library Board. Chapter 46, Library Board, 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 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 46-26. Created. CHAPTER 46. LIBRARY BOARD ARTICLE Il. LIBRARY BOARD City of Cape Canaveral Ordinance No. 13-2011 Page 12 of 21 There is created a library board to consist of five seven 7 members. Section 5. Amendment to Chapter 54, Parks and Recreation. Chapter 54, Parks and Recreation, 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 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 54. PARKS AND RECREATION ARTICLE Il. REeREAgFi CULTURE AND LEISURE SERVICES BOARD Sec. 54-26. - Established. There is created a recreation culture and leisure services board to consist of seven members. Sec. 54-28. - Duties. The recreation culture and leisure services board shall advise the coturcil city on matters pertaining to cultural events, public parks and recreation and shall serve in such other similar matters as the council city may direct. Sec. 54-29. - Indebtedness. The recreation culture and leisure services board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from . Section 6. Amendment to Chapter 110, Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No. 13-2011 Page 13 of 21 ARTICLE I. IN GENERAL Sec. 110-2. Board of adjustment. (a) A board of adjustment is established and shall consist of seven 7 free members. FWWA Sec. 110-3. Planning and zoning board. (a) The planning and zoning board is established and shall consist of seven 7 frac members. (b) The planning and zoning board shall operate exclusively in an advisory capacity to the city council and the boaid of adjustment fb, variances and special exception -s; and no ruling, decision or recommendation of the board shall be binding OLI HIC COMICH. (e) The planning and zoning board shall make recommendations to the b0aid—of adjustment concerning rezonings, special exceptions and site plans variances in accordance with this chapter. ARTICLE 11. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY Sec. 110-129. Applications. The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this chapter. At a minimum, all applications for rezonings, variances, special exceptions, and administrative appeals shall be accompanied by the applicable application fee adopted by the city council and shall contain the following information: (8) For rezonings, variances, and special exceptions, applicants shall provide to the city, at least 30 days in advance of the first public meeting at which the request will be considered, , the names and addresses of all affected property owners. For the purpose of this requirement, an affected property owner or owners shall mean any property owner or agent of record owning property which lies within a radius of 500 feet City of Cape Canaveral Ordinance No. 13-2011 Page 14 of 21 from any boundary of the property for which the application is sought, as reflected in the survey or that portion of the map maintained by the Brevard County Property T'ax Appraiser reflecting the boundaries of the parcels affected. DIVISION 3. VARIANCES Sec. 110-36. Variance application obligations. (b) Variance applications shall be submitted at least 30 days prior to the board of adjustment plarming andzoning board meeting at which such application is to be considered. Sec. 110-37. Procedure. (a) The board of adjustment planning and zoning board shall be required to review all variance applications and shall make a final decision on each application make a written recommendation to the boaId of adjustment. Stich ieconnnendation shall include the teasons based on the applicable variance criteria set forth in this section. . ...15, . . . . . ... . . . ... . . (b e) All variance decisions shall be based on an affirmative finding as to each of the following criteria: (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. (4) That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (5) That the requested variance is the minimum variance from this chapter City of Cape Canaveral Ordinance No. 13-2011 Page 15 of 21 necessary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (d 0 Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved or any use expressly or by implication prohibited by this chapter. DIVISION 5. ADMINISTRATIVE APPEALS Sec. 11040. Administrative appeals. (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. Any of the following may seek review of an administrative decision pursuant to this section: (3) Any person aggrieved or affected by any decision of an administrative official the building official in the interpretation of any portion of this chapter. (b) Appeals shall be taken within 30 days after such administrative decision is made by filing a written notice of appeal with the city clerk's office building offi and the boar adjustment stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the ci clerk's office building offi shall work with the appropriate department to schedule the appeal before the board of adjustment and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (e) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, unless the building administrative official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that, because of facts stated in the certificate, a stay would, in the administrative building official's opinion, cause imminent peril to life and property. In such case where the administrative building official makes such certification, proceedings shall not be stayed other than by an injunction, which may be granted by the board of adjustment or issued by a court of competent jurisdiction. City of Cape Canaveral Ordinance No. 13-2011 Page 16 of 21 ARTICLE VI. SITE PLANS Sec. 110-221. Submittal and review required. Under this chapter, site plan submittal and staff review shall be required for all development and redevelopment projects. Further, site plan submittal and planning and zoning board and review are is required for the following: (1) New commercial buildings or structures. (2) New residential structures with four or more dwelling units. Sec. 110-222. Criteria required. Site plan criteria required under this chapter shall be as follows: (1) Plan 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: Sec. 110-223. Review procedures. (a) Five f5l copies of the site plan, prepared, signed and sealed by an appropriately licensed design professional , shall be filed with the planning and development department building off ei-al no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review. Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the planning and development building department to the following department lteads directors for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building and code enforcement department. (3) Fire marshal. (4) Public works services department State depaitinent of envitonmental ion. Aff phases caffing fbi- buildings located on the Atlantic Ocean and Banana �iver are to be rev ievved by this depa, tinent. City of Cape Canaveral Ordinance No. 13-2011 Page 17 of 21 ( c) Within 14 days of the time the plans are received by the various department heads directors, they shall submit, in writing, to the planning and development building department, a written report commenting on factors relating to the site plan. (d) The building planning and development department shall give a copy of the written comments to the applicant or his representative to review, respond to and make any changes he deemeds appropriate to conform to the comments and recommendations from the department directors heads. (e) The applicant shall submit seven the required number of copies of the revised site plan, along with the his architect's and engineer's comments; in response to the department heads'reviews, to the building planning and development department prior to the ineeting. (f) All plans shall be made available to the planning and zoning board for its review and recommendation to the city manager or the city manager's designee the city Cott, . The planning and development director bttilding offi shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (g) The planning and zoning board, following a duly noticed public hearing and review of any submitted site plan, shall make a written recommendation to the city manager or designee city council recommending approval, approval with conditions, or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Upon receipt of the planning and zoning board's recommendation, and Hlowit public hearing and review of the submitted site p1mr, the city manager or designee eitp council shall make a final decision on the application approving, approving with conditions, or denying the application. Following the decision by the city manager or designee on each site plan application, the city shall send to the applicant, by certified mail, written notice of the action taken and the right to appellate review. The city shall additionally provide notice on the city's website of the decision on each site plan reviewed pursuant to this article and the right of interested parties to appeal same. ifthe citv council determines that the ulaimina ... 119 .. (i) If the city manager or designee city council elects to grant conditional approval of a site plan subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90 -day period; or the date the city manager or designee building certifies by notation on all city site plan copies, that all conditions and/or City of Cape Canaveral Ordinance No. 13-2011 Page 18 of 21 contingencies are satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90 -day compliance period may be extended at the discretion of the city manager or designee city council, upon written request of the applicant prior to the expiration of the 90 -day compliance period, and where the applicant demonstrates unusual circumstances or undue hardship. Any party adversely affected by a final site plan determination of the city manager or designee may appeal such determination to the city council. Parties seeking appellate review shall submit a request for appeal in writing to the city clerk within thirty (30) days of the city manager's or designee's determination. The city clerk shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate review with written notice of the date, time and location of said meeting. The city council's consideration of the site plan determination being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse, wholly or in part, the determination of the city manager or designee. Failure of any adversely affected party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to iudicial review. (k J) A proposed site plan shall not be considered by the city The plainfing and Zoning board and city council shall have no authority to colisider a proposed site plan unless: (1) The applicant has adequately and completely addressed all items on the site plan checklist prepared by the planning and development department building Wil; and (2) The applicant has otherwise complied with all matters contemplated under this section. FA PI I I MA ATA W got ..is IN, 11 111,. run+►e��n. nZ�,��ni r_tenn�er��amnt•sn�y�.-�nui . . Sec. 110-224. - Expiration. All site plans approved under this article shall expire in 12 months frem after the date of final approval of the platming and zoning board, unless the building permit for construction of the Principal structure is issued or the applicant files with the city in writing a request for time extension for such site plan. The city manager or designee may, planning and zoning bon, d shall reconn, at his or her sole its discretion= grant the request for extension by resol only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six City of Cape Canaveral Ordinance No. 13-2011 Page 19 of 21 months. Section 7. 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 8. 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 9. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 10. 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 .2011. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: November 15, 2011 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: City of Cape Canaveral Ordinance No. 13-2011 Page 20 of 21 ANTHONY A. GARGANESE, City Attorney City of Cage Canaveral Ordinance No. 13-2011 Page 21 of 21 DIVISION 2. - ALCOHOLIC BEVERAGES Pagel of3 Cape Canaveral, i�°Iorida, Code of Ordinances >> Su0i',)Lpart B - L.M"J[) DEVELOPhflENT ('"o"IODE >> Cf­mrAer'110 - ZM,ffiNG >> ARTKAJE M - SPEV MAA, E`XCEPT�U`JS >> DI "i 2, -- ALcOHOUC 13EVE-IIS AGES >> [11111WIftelki IMITIMPCOM01 Se(_ PI 0- 171 ser cmrar ilggbgyic I E w.',',rages. Secs110-173­110-190. Riese�ve�,J. ........ .. ..... .... ... ...... ....... . ..... _ Sec. 110-171. - Establishr'neints serving alcoliohc bev(,'.�rage�5,. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions, as set forth in this section and also the following: (1) The establishment shall not be permitted to locate: (A) Within 300 feet of any existing church, school grounds or playgrounds, nor shall a church, school, or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground, (B) Within 300 feet inland of the mean high-water line of the Atlantic Ocean or of the Banana River. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the mean high-water line of the Atlantic Ocean or of the Banana River. (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between, the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection are- a. Restaurants seating 150 or more persons. b. Hotels and motels which are approved in accordance with City Code. C. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and: wine only, provided the following are complied with: 1 The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. 2. Consumption of food and malt beverages shall be on premises only; however, food carryout without the malt beverages may be permitted. Further, in accordance with Florida law, one unsealed bottle of wine may be removed for consumption off premises if purchased and partially consumed with a full course meal consisting of a salad or vegetable, entree, a beverage, and bread. A partially consumed bottle of wine to be removed from the premises must be securely resealed by the licensee or its employees, before removal from the premises and shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with. A dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine htt://Iibrary,niuiiicode.com/HI'M],/ I 2642/level4/SPBLADECO—CH I I OZO—ARTIVSPE .. 11/3/2011 DIVISION 2. - ALCOHOLIC BEVERAGES Page 2 of 3 must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk, 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. 4,. Sale or consumption of malt beverages and wine shall be limited to the time period set by_5jha;!fter-6 d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565,02(4), (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only, (4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following informatiom 1. The outer boundary of the vicinity map, which shall be at least 2,500 feet from the centroid of the proposed establishment's property. 2. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in subsections (a)(1) and (a) (2) of this section, 1 Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(1) of this section. 4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(2) of this section. 5. Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated, b. The site plan map shall be drawn at a scale not less than one inch equals 100 feet and :shall indicate the following information: 1. Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. 2. The following information shall be presented in tabulated form: i. Number of parking spaces, ti. Number of restaurant seats. iii. Number of bar/lounge seats. iv. Building area. V. Lot area, http://Iibrary.iiiul,iicode.com/F�ITMI,/] 2642/leveWSPBLADECO—Cli I I 0ZO—ARTIVSPE... 11/3/2011 DIVISION 2. - ALCOHOLIC BEVERAGES Page 3 of 3 C. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits. (b) Any special exception granted under this section may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (2) The establishment has committed substantial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious, behavior, and unlawful gambling. Prior to any special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. (c) For on -premises consumption of liquors, restaurants or cocktail lounges shall have a minimum building area of 2,000 square feet and a seating capacity of 100 patrons. (G'ndo 19'J1, § 64,21 ()1, 0 (J Afi�i 15,9(1 § t, 0 3_96 0u) No ,`t;!,96 § 1 9-1 /� 96, Uid (Vo ()G')4,'0013 § 2, <y..6 03, ()ric) No 19-200,31, § Z 7-15-0,3, Orcl Nc), 36 2003 § 2 10 2 03 (,)rd No ('1;3.-20,06 § 2, 6 ;10 06 Onl Pk04-201")6tl; 6-20 06, OnJ, Alo 23,2006 2 1 2 07 C)nl Afo, �)72009 2' 8 4 o9) Sioc. 110-172, - Tet" ploirary alcolhclic beverage plernifts, (a) Upon, approval of the city manager or the city manager's designee, and receipt of appropriate city permits, the division of alcoholic beverages and tobacco may issue temporary permits without a special exception for the on -premises consumption of alcoholic beverages for the following: (1) Conventions. In convention halls, coliseums, and! similar type buildings where there is an existing beverage license, the director of the division of alcoholic beverages and tobacco may, in his or her discretion, issue a permit for not more than five calendar days for the display by manufacturers or distributors of products licensed under the provisions of F.S. chapters 561 through 568, and may authorize consumption of such beverages on the premises only. (2) Nonprorit civic organizations. The director of the division of alcoholic beverages and tobacco may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed three days. All net profits from sales of alcoholic beverages collected during the permit period must be retained by the nonprofit civic organization. Any such civic organization may be issued only three such permits per calendar year. (b) Any person or entity issued a temporary alcoholic beverage permit pursuant to this section shall be subject to the provisions of chaj° te[ & of the City Code, Alcoholic Beverages, as amended from time to time, including, but not limited to, hours of operation and nudity on the premises - (0,,d (Yu 03 2006 § 2 6-261-06) Secs. 110-173­110AM - Reserved. FOO,TNOTE(S): C1,0SS 1)c V(,fl,7306 s, (3 � (E�2gL littp://Iibrary.mLtiiicode.coi,nlH'I'M[,/12642/level4/SPBLADECO—CHI IOZO—ARTIVSPE... 11/3/2011