HomeMy WebLinkAboutP&Z Agenda Pkt. 12-12-2012CALL TO ORDER:
NEW BUSINESS:
ulty of Cape Canaveral
a -
PLANNING & ZONING BOARD
REGULAR MEETING
PE CANAVERAL PUBLIC LIBRAR
201 POLK AVENUE
DECEMBER 12,2012
7:00 PAJ.
1. Approval of Meeting Minutes: October 24, 2012.
2. Recommendation to City Council Re: Proposed Ordinance No. 19-2012 to Restrict the
Location of Storage or Parking of Recreational Vehicles, Trailers, and Trailerable Items in
the C-1 Zoning District.
3. Recommendation to City Council Re: Proposed Ordinance No. 24-2012 - to Change a
Commercial Parking Facility in the AlA Overlay District from a Special Exception to a
Principal Use.
4. Recommendation to City Council Re: Proposed Ordinance No. 25-2012 - to Clarify tht-
Review Method by which Building Height is Measured.
OPEN DISCUSSION:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning & Zoning Board with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such purpose
that person may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may
attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with
disabilities needing assistance to participate in the proceedings should contact the Community &
Economic Development Department (868-1205) 48 hours in advance of the meeting.
75101' Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1206 — Fax (321) 868-1247
www.cityofeapecanaveral.org
MEMORANDUM
Date: December 7, 2012
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: December 12, 2012 P&Z Board Meeting
1. See October 24, 2012 Meeting Minutes for review and adoption.
2. Recent approval of a Special Exception for "storage of recreational vehicles, trailers,
and trailerable items" at Yogi's Discount Beverage and Food Store has started a
discussion about the appropriateness of the location of such storage facilities on SR
Al and Central Boulevard. At its August 22, 2012 meeting, the Board directed staff to
prepare an ordinance requiring storage facilities to be located 400 ft. from SR A1A and
Central Boulevard, and to change this Use from a Special Exception to a Principal Use
in the M-1 Zoning District. Draft Ordinance No. 19-2012 and Zoning Map with depiction
of proposed 400ft. setback were provided to the Board at its October 24, 2012 meeting.
After discussion, the Board directed Staff to add C-2 Zoning District to the 400 ft.
setback requirement and prepare specific screening/landscaping standards for storage
facilities. Please see revised Ordinance No. 19-2012, revised map, and letter from
Board member Harry Pearson who is not able to attend the meeting.
3. Charles Pindziak has requested the Code be revised to change Commercial
Parking Facility from a Special Exception to a Principal Use in the Al A Overlay District
(letter included in packet). At its 10/24/12 meeting, the Board supported changing the
use from Special Exception to Principal Use with the addition of screening/landscaping
standards specific to Commercial Parking Facilities. Ordinance No. 24-2012 reflects
these changes.
4. On September 18, 2012, City Council discussed how building height is measured
and how to prohibit artificially raising the grade to allow measurement of a building from
the new grade rather than the road. After discussion, consensus was reached to have
the Planning & Zoning Board study the definition of building height and provide a
recommendation to the City Council. Per section 110-1, "height of building" is defined
as follows:
Height of building means the vertical distance from 12 inches above the crown of the fronting road
or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the
deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and
gambrel roofs. Measurement must be in compliance with the 100 -year flood level, as determined by
the Federal Emergency Management Agency.
On October 24, 2012, P&Z Board discussed amendments to clarify intent of code and
directed staff to prepare an Ordinance that adds the following language: "Excess fill
placed at or around any portion of the building shall not be used as a means to
circumvent any maximum height requirement." See email from Todd Morley,
Community and Economic Development Director, to Lamar Russell and Ordinance No.
25-2012.
If you have question or comment, please email B.BrgwriLy t 2 cq)L�ecanaveiraLgL or f— q
call me at 321 868-1206.
2
PLANNING & ZONING BOARD
MEETING MINUTES
OCTOBER 24, 2012
(P
A Meeting of the Planning & Zoning Board was held on Wednesday, October 24, 2012, at the
City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to
Order at 7:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
John Fredrickson
Donald Dunn
Ron Friedman
Bruce Collins
John Price
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
Secretary
Assistant City Attorney
Planning & Development Director
Approval of Meeting Minutes: August 22, 2012.
Motion by Harry Pearson, seconded by Donald Dunn, to approve the Meeting Minutes of August
22, 2012. Vote on the motion carried unanimously.
2. Recommendation to City Council Re: Proposed Ordinance No. 19-2012 to Restrict the
Location of Storage or Parking of Recreational Vehicles, Trailers, and Trailerable Items in
the C-1 Zoning District.
Barry Brown explained that the recent granting of a Special Exception for storage of recreational
vehicles, trailers, and trailerable items began a discussion at the August 22, 2012 meeting
regarding the appropriateness of storage facilities along SR A1A and Central Blvd. At that
meeting the Board directed Staff to prepare an Ordinance requiring storage facilities be setback
400 ft. from SR Al and to change the Use from a Special Exception to a Permitted Use in the
M-1 Zoning District. The Board further requested that Staff prepare a City Zoning Map depicting
the proposed 400 ft. setback.
The Board members reviewed and discussed the proposed Ordinance and Zoning Map as
prepared by Staff. Barry Brown showed the property locations of all existing Special Exceptions
for outside storage facilities throughout the City. Discussion continued. Chairperson Russell
clarified that the proposed Ordinance, if adopted, would not eliminate the use, but would restrict
the use in C-1 and M-1 zoning districts, consistent with the principles developed during the
Visioning process. Following additional discussion, the Board members agreed that the
proposed Ordinance should also include the C-2 Zoning District. Barry Brown noted that the
proposed 400 ft. setback represents one City block. Discussion was held regarding buffering
and landscaping requirements specific to this use.
Following discussion, by unanimous consensus, the Board directed Staff to add landscaping
and buffering requirements specific to this use; add the C-2 Zoning District; and bring the
proposed Ordinance back to the Board for further consideration.
Planning & Zoning Board
Meeting Minutes
October 24, 2012
Page 2of2
3. Recommendation to City Council Re: Code Revision to Change a Commercial Parking
Facility in the A1A Overlay District from a Special Exception to a Principal Use.
Barry Brown advised that citizen, Charles Pindziak, requested that the Code be revised to
change a Commercial Parking Facility located within the AIA Overlay District from a Special
Exception to a Principal Use. He noted that the Code does not address landscaping and
buffering requirements for this use. Therefore, Staff recommends adding specific screening and
landscaping requirements if the Board recommends that the use be changed from a Special
Exception to a Permitted Use.
Motion by Harry Pearson, seconded by Ron Friedman, to recommend changing a Commercial
Parking Facility located within the Al Overlay District from a Special Exception to a Permitted
Use in the M-1 Zoning District; direct Staff to draft an Ordinance adding landscaping and
buffering requirements specific to this use; and bring the Ordinance back to the Board for further
review. Vote on the motion carried unanimously.
4. Consideration Re: P & Z Board to Serve as the Brownfield Advisory Committee.
Barry Brown reported that Council adopted a Resolution designating certain properties in the
City as a Florida Brownfields Area. He advised that a requirement of the Program is to establish
an Advisory Committee and explained the details. He asked the Board to consider serving as
the Brownfield Advisory Committee. Discussion followed. Kate Latorre confirmed that the
Planning & Zoning Board could meet as the Committee during its regularly scheduled meetings.
Motion by Bruce Collins, seconded by Ron Friedman, that the Planning & Zoning Board serve
as the Brownfield Advisory Committee. Vote on the motion carried unanimously.
At 8:30 the Board took a five minute break. The meeting reconvened at 8:35.
5. Discussion Re: Review Method by which Building Height is Measured.
The Board members held discussion and viewed diagrams of various ways that building height
is measured. Following discussion, Chairperson Russell directed Staff to draft an Ordinance
that clarifies that excess fill placed at or around any portion of a building shall not be used as a
means to circumvent the height requirement; and fill should and can be used as a means to
raise the floor of the building above the 100 yr. base flood elevation.
OPEN DISCUSSION
No open discussion was held.
There being no further business, a motion was made by Ron Friedman, seconded by Bruce
Collins, to adjourn the meeting at 8:57 p.m.
Approved on this day of , 2012.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
H-14
ORDINANCE NO. 19-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES, RELATED TO
SPECIAL EXCEPTIONS IN THE C-1 AND C-2 ZONING
DISTRICTS FOR COMMERCIAL ESTABLISHMENTS FOR
THE STORAGE OR PARKING OF RECREATIONAL
VEHICLES, TRAILERS AND TRAILERABLE ITEMS;
AMENDING THE M-1 DISTRICT REGULATIONS TO MAKE
OUTSIDE STORAGE A PRINCIPAL USE; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in 2009, the City conducted a community-based, citizen driven Visioning
process to develop a vision and strategy for future development and redevelopment of underutilized
areas located in the City; and
WHEREAS, in order to encourage future development consistent with the principles
developed during the Visioning process, the City desires to amend the actual list of special
exceptions permitted in the C-1 Low Density Commercial and the C-2 Commercial/Manufacturing
Districts related to commercial facilities for the storage or parking of recreational vehicles, trailers
and trailerable items to prohibit special exceptions for said facilities within 400 feet of Highway
AIA or Central Boulevard and to provide additional screening requirements; and
WHEREAS, the City Council additionally desires to make outside storage a principal use
in the City's M-1 Light Industrial and Research and Development District, instead of a special
exception use; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
City of Cape Canaveral
Ordinance No. 19-2012
Page 1 of 5
Canaveral.
Section 2. 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 strikeani type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 110. ZONING
ARTICLE VII. DISTRICTS
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
Section 110-334. Special exceptions permitted by board of adjustment.
( c) Special exceptions may be permitted for the following:
(11) Commercial establishments for the storage or parking of recreational vehicles,
trailers and trailerable items, provided it meets the following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured screened fromun blic view by
either walls; or fences or hedges. In determining what constitutes public
view, city staff shall consider the adjacent public rights-of-way and the uses
of properties in the immediate vicinity. Further, the vehicle storage area shall
include a landscape buffer at least five feet (T) wide consistent with the
following:
1. Opaque walls and fences shall be continuously landscaped
along the outside perimeter with shrubs and trees with minimal gaps
or breaks in between plantings.
City of Cape Canaveral
Ordinance No. 19-2012
Page 2 of 5
2. Chain link fencing or other non-opaque walls or fences shall
be continuously landscaped along the outside perimeter with shrubs,
plus one (1) 10 -point tree, as defined by section 110-567, every 35
feet in order to provide an opaque screen.
C. Walls, fences and hedges must comply with all city rules and
regulations and must be kept in good condition so as to ensure obstruction
from view.
d. The property shall not be located within 400 feet of Highway A lA or
Central Boulevard.
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-352. - Principal uses and structures.
In the M-1 light industrial and research and development district, the following uses and
structures are permitted, provided any use or group of uses that are developed, either separately or,
if developed as a unit with certain site improvements, shared in common, meet requirements of
article IX of this chapter:
12 Outside storage facilities, as provided in section 110-566.
Sec. 110-354. Special exceptions permissible by the board of adjustment.
( c) Special exceptions may be granted for the following:
Reserved.
DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT
City of Cape Canaveral
Ordinance No. 19-2012
Page 3 of 5
Sec. 110-393. - Special exceptions permissible by the board of adjustment.
( c) Special exceptions may be permitted for the following:
(7) Commercial establishments for the storage of parking recreational vehicles,
trailers and trailerable items, provided it meets the following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be ebsewed screened from ublic view by
either walls; or fences of hedges. In determining what constitutes public
view, city staff shall consider the adiacent public rights-of-way and the uses
of properties in the immediate vicinity. Further, the vehicle storage area shall
include a landscape buffer at least five feet (5') wide consistent with the
following:
1. Opaque walls and fences shall be continuously landscaped
along the outside perimeter with shrubs and trees with minimal gaps
or breaks in between plantings.
2. Chain link fencing or other non-opaque walls or fences shall
be continuously landscaped along the outside perimeter with shrubs,
plus one (1) 10 -point tree, as defined by section 110-567, every 35
feet in order to provide an opaque screen.
C. Walls, fences and hedges must comply with all city rules and
regulations and must be kept in good condition so as to ensure obstruction
from view.
d. The property shall not be located within 400 feet of Highway A 1 A or
Central Boulevard.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto 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,
City of Cape Canaveral
Ordinance No. 19-2012
Page 4 of 5
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2012.
ATTEST:
ANGELA APPERSON, City Clerk
1' Legal Ad Published:
First Reading:
2' Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 19-2012
Page 5 of 5
Legend
ZONING
IM C1
IC2 N
MMI
R1 W E
R2
+
R3
S
STREET LEGEND
A
Clara Elizabeth Lane
B
Maple Court
C
Palm Way
D
Croton Court
E
Oleander Court
F
Coquina Lane
G
Camelia Court
H
Jasmine Court
I
Honeysuckle Way
J
Intrepid Way
K
Aquarius Way
L
Tranquility Way
M
Shuttle Way
N
Falcon Way
0
Coconut Way
W
ILLER LEG
SEAPORT
PIPE
7
5�
4
A AL!
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V,
City of Cape Canaveral
Zoning Map
Map Prepared by Miller Legg & Associates, Inc.
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City of Cape Canaveral
Zoning Map
Map Prepared by Miller Legg & Associates, Inc.
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July 02 2008
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City of Cape Canaveral
Zoning Map
Map Prepared by Miller Legg & Associates, Inc.
July 02 2008
Data Source: Brevard County Property Appraiser Office.
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City of Cape Canaveral
Zoning Map
Map Prepared by Miller Legg & Associates, Inc.
July 02 2008
Data Source: Brevard County Property Appraiser Office.
City of Cape Canaveral, Brevard County Government
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4 December 2012
To: Barry Brown, P & Z Board Members
Re: P & Z Meeting, December 12, 2012
1 will not be able to attend this meeting as I will be out of town. Regarding the items on
the Agenda I offer the following:
Proposed Ordinance No 19 - 2012 to Restrict the Location of Storage or Parking of
Recreational Vehicles, Trailers and Trailerable Items in the C-1 Zoning District.
(1)1 feel the ordinance is very good as is. With a Special Exception we can be certain
that any such facility is well screened, properly constructed and maintained and
compatible with adjacent properties.
(2) If the majority of the Board feels this should become a Permitted Use, then I
recommend the 400' limit be done away with, and this use be prohibited in all areas of
Cape Canaveral except M-1. This eliminates these small "islands that lie outside the
400' limit and will prohibit such use on North Atlantic Avenue.
I have no comments on any of the other items on the Agenda.
Respectfully submitted,
Harry Pearson
O
ORDINANCE NO. 24-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
COMMERCIAL PARKING FACILITIES IN THE AlA
ECONOMIC OPPORTUNITY OVERLAY DISTRICT;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on July 17, 2012, the City Council adopted Ordinance No. 11-2012, which
established the AlA Economic Opportunity Overlay District ("EOOD") to promote hospitality
related commercial development capitalizing on the Port of Canaveral; to provide guidance and
direction in the design of new buildings and rehabilitation of existing buildings and storefronts in
order to improve their appearance; to enhance the AIA corridor's identity; and to promote a
pedestrian -friendly environment; and
WHEREAS, the City Council desires to amend the use matrix for the EOOD to allow
commercial parking facilities as a permitted use in the City's M-1 Light Industrial and Research and
Development District; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
City of Cape Canaveral
Ordinance No. 24-2012
Page 1 of 4
this Ordinance):
CHAPTER 110. ZONING
ARTICLE X. AIA ECONOMIC OPPORTUNITY OVERLY DISTRICT
DIVISION 2. ADMINISTRATION
Sec. 110-609. - Use matrix.
The AlA Economic Opportunity Overlay District is intended to serve as both the main
gateway area into the city as well as the main street to the city's proposed Town Center. The district
will have the most intense commercial intensity along AIA and there will be a transition between
the land use, circulation, and streetscape along Central Boulevard. The following land use matrix
(Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE),
or not allowed (NA).
Table 1— Land use matrix.
*Uses (not a complete listing)
C-1
C-2
M-1
Retail
P
P
1P
Personal Services
P
P
'SE
Hotels and Motels
P
1P
'SE
Banks
P
P
'SE
Assisted Living Facility
SE
'SE
NA
'Pharmacies
P
P
NA
'Flex space (office, showroom, warehouse)
SE
SE
P
'Convenience store w/gas
SE
SE
P
ech /light manufacturing
F
SE
P
P
ousing
NA
SE
P
City of Cape Canaveral
Ordinance No. 24-2012
Page 2 of 4
'Off-site cruise ship parking accessory to hotels and
motels
SE
SE
SE
Commercial Parking Facility (minimum lot size of 5
acres)
NA
NA
SE !p
'Port of Call Facility [Permitted pursuant to a
Development Agreement (DA)]
P (w/DA)
P (w/DA)
P (w/DA)
'Attraction and Destination uses
PD
PD
PD
'Mixed Use Development uses (i.e. Town Center)
PD
PD
PD
'Added Use
'Use included to clarify intent of code
!Subject to specific screening requirements set forth in section 110-690 of this Code
'Uses not specifically listed may be approved as a Planned Development (PD)
DIVISION 6. LANDSCAPING
Sec. 110-690. - Reserved. Required screening for commercial parking facilities.
Commercial parking facilities shall be screened from public view by either walls or fences.
In determining what constitutes public view, city staff shall consider the adjacent public rights-of-
way and the uses of properties in the immediate vicinity. Further, the commercial parking facility
shall include a perimeter landscape buffer at least five feet (5') wide consistent with the following:
(a) Opaque walls and fences shall be continuously landscaped along the outside
perimeter with shrubs and trees with minimal gaps or breaks in between plantings.
b) Chain link fencing or other non-opaque walls or fences shall be continuously
landscaped along the outside perimeter with shrubs, plus one (1)10 -point tree, as defined by
section 110-567, every 35 feet in order to provide an opaque screen.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
City of Cape Canaveral
Ordinance No. 24-2012
Page 3 of 4
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2012.
ATTEST:
Rocky Randels, Mayor
For Against
John Bond
ANGELA APPERSON, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
First Legal Ad Published:
First Reading:
Second Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 24-2012
Page 4 of 4
Charles W. Pindziak
112 E. Central Boulevard
Cape Canaveral, Florida 32920
August 20, 2012
Mayor, City Council and City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
To Whom It May Concern:
AUG 2 0 2012'
The City Council of Cape Canaveral has indicated that they prefer a separate Commercial Parking
Zone that is not adjacent to the Astronaut/AlA corridor. As a result, the Commercial Parking Zone has
been placed in its own area, the M1 area of the AlA Economic Opportunity Overlay District in which the
parking will be more than 500 feet from the highway and will not be visible.
In the last City Council meeting of July 17, 2012, Barry Brown, the City Planner, did not want to
grant a permitted use for parking in this area, only by Special Exception (SE). His rationalization was to
have a buffer zone between the parking area and the adjacent property. But the city codes already
address the buffer zone between M1 zoning and adjacent properties, namely: Section 110-566 and 110-
567 which represent 2 pages of landscaping and screening between M1 zoning and adjacent areas.
I request a review of this matter and a change to Permitted Use (P) rather than Special Exception
(SE) for Commercial Parking in the AIA Economic Opportunity Overlay District.
Very truly yours
Charles W. Pindziak
0
ORDINANCE NO. 25-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING SECTION 110-1, DEFINITIONS, OF THE CAPE
CANAVERAL CODE OF ORDINANCES; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to clarify the definition of "height of building" set
forth in Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances 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 IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Section 110-1. Section 110-1, 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 Section 110-1. It is intended that the text in Section 110-1 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Sec. 110-1. -Definitions.
Height of building means the vertical distance from 12 inches above the crown of the fronting
road or finish grade at the building line, whichever is highest, to (I) the highest point of flat roof; (ii)
the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip
and gambrel roofs. Excess fill placed at or around any portion of the building shall not be used as
a means to circumvent any maximum height requirement. Measurement must be in compliance with
City of Cape Canaveral
Ordinance No. 25-2012
Page 1 of 3
the 100 -year flood level, as determined by the Federal Emergency Management Agency.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2012.
ATTEST:
Rocky Randels, Mayor
John Bond
ANGELA APPERSON, City Clerk Bob Hoog
First Reading:
Legal Ad published:
Second Reading:
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 25-2012
Page 2 of 3
For Against
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 25-2012
Page 3 of 3
Susan Chapman
To: Susan Chapman
Subject: FW: Building Height Discussion
Attachments: Bldg height Measured 12 inches Above Crown of Road.pdf, Building Height Measured
from Artificially Elevated Grade at Building Line.pdf
From: Todd Morley
Sent: Monday, October 22, 2012 1:28 PM
To: E-ai-nRqsL3...�.:,r,.co-n"�
Cc: Russell, Lamar; Barry Brown
Subject: Building Height Discussion
Lamar,
I apologize that I will not be able to attend Wednesday night's P&Z meeting.
To that end, I hope that you find the two attachments useful for your discussion regarding measuring building
heights.
Aeight of building means the vertical distance from 12 inches above the crown of the fronting road
or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the
deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and
gambrel roofs. Measurement must be in compliance with the 100 -year flood level, as determined by
the Federal Emergency Management Agency.
It's my belief that the "or finished grade" option was put into the definition to allow some flexibility in dealing
already existing grades.
For example, if the elevation of your SR Al A access is several feet higher than your otherwise Floodplain -
approved elevation, you could use the lower of the two options.
Conversely, if your native grade is some feet above the approved access roadway, you needn't cut the elevation
of your lot.
In my opinion, some fixes to consider: "Excess fill placed at or around any portion of the building shall not be
used as a means to circumvent any maximum height requirement."
Or, "...means the vertical distance from 12 inches above the crown of the fronting road or (Finished gi:ade at the
bttilding line Floor Elevation (F.F.E.), whichever is highest,..."
Best of Luck!
Todd
Todd Morley
Community & Economic Development Department Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321)868-1222x]4 (321) 868-1247 (fax)
www.ci ofca e abaa en M ora
"If it is to be, it is lip to 17e
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Bldg. Height Measured from Grade at Bldg. Line
(with grade artifically elevated to gain additional height)
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