HomeMy WebLinkAboutP&Z Agenda Pkt. 1-23-2013NEW BUSINESS:
City of Cape Canavera
.ANN|NG&ZONING BOARD MEETING
CANAVERAL LIBRARY MEETING ROOM
Polk Avenue, Cape C8n8ver8|, Florida
Wednesday
JANUARY 23'2O13
Approve Minutes for Planning & Zoning Meetings OfOctober 24.2O12and
December 12'2O12.
2. Recommendation [OCity Council Re: Ordinance No. O2 -2O13; amending Chapter 110'
ZbniOg, of the Code of Ordinances, to repeal the Special Exception in the C-1 and C-2
Zoning [)iSthCtS for COnnDl8nCia| ESt8b|iShOl8DtS for the storage or parking Of
n6Cr8aUDD8| V8hiC|eS. tc8i|enS and tr8i|e[8b|e items; 8nO8OdiDg the M-1 Zoning District
regulations to make outside storage a Principal Use.
3. Recommendation t0City Council Re: Ordinance No. O3-2O13;amending Chapter 110.
Zoning, Of the Cape Canaveral Code Of [}rdiO8DC88 related to CDnODl8rCi8|
Parking Facilities in theA1A Economic Opportunity Overlay District.
4. F<eCOnnrnend8bOn to City COUnd| Re: Ordinance amending Chapter 110' Zoning, Of
the Cape C8O8v8r8| Code Of (][diD8DC83 related to clarifying the definition Of height
Of building.
5. Election for Chairperson and Vice Chairperson.
OPEN DISCUSSION:
Pursuant to Section 286.0105. Florida Statutes, the City hereby advises the public that: If person decides
to appeal any decision made by the Planning &Znning Board with respect to any matter considered at this
meeting, that person will need a record of the procemdinge, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is mede, which record includes the testimony and
evidence upon which the appeal is to be based. This notice doom 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 (868-1222) 48 hours in advance of
the meeting.
75|0NAtlantic Avenue —P.[).Box 326~Cape Canaveral, Fl. 32920-0326
Telephone (32I)8h8-l222—Fax (32l)@d@-}247
MEMORANDUM
Date: January 18, 2013
To: Planning and Zoning Board members
From: Barry Brown, Planning and Zoning Director
RE: January 23, 2013 P&Z Board Meeting
1. See October 24, 2012 and September 12, 2012 Meeting Minutes for review and
adoption.
2. Ordinance No. 02-2013 (formerly #19-2012) — Commercial Establishments for
the Storage or Parking of Recreational Vehicles, Trialers and Trailerable Items -
Recent approval of a Special Exception for "commercial establishments for the storage
or parking of recreational vehicles, trailers, and trailerable items" at Yogi's Discount
Beverage and Food Store started a discussion about the appropriateness of the location
of such storage facilities on SR A1A or Central Boulevard. At its August 22, 2012
meeting, the Board directed staff to prepare an ordinance requiring "establishments for
the storage of RVs, trailers, etc." to be located 400 ft. from SR A1A or Central
Boulevard, and to change "Outside Storage" from a Special Exception to a Principal
Use in the M-1 Zoning District. Draft Ordinance 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.
At its December 12, 2012 meeting, the P&Z Board concluded that the 400 ft. setback
left only a few possible locations in C-1 and C-2 for this use on SR Al or Central Blvd.
The Board also did not want "Storage of RVs, trailers, etc." located along North Atlantic
Avenue and, therefore, recommended prohibiting this use in all of C-1 and C-2 Zoning
Districts, rather than calling for a 400 ft. setback. In addition, the Board recommended
changing "Outside Storage" from a Special Exception to a Principal Use in M-1 Zoning
District.
The Ordinance received a first reading by Council on January 15, 2013 with the
following recommendation: "Staff supports P&Z's recommendation to prohibit "storage
of RVs, trailers, etc." in C-1 and C-2 Zoning Districts; however, the full ramifications of
making outside storage a Principal Use may not have been considered. While Staff can
anticipate the type of buffering and screening needed for storage of automobiles, RVs
and trailers, etc., Outside Storage is potentially more encompassing. Outside Storage
could include shipping containers, construction equipment & supplies, or other uses that
may require additional buffering or screening than required by Code. Staff recommends
that "Outside Storage" remain a Special Exception". Accordingly, the Council is sending
the Ordinance back to P&Z Board for further review and addition of a definition for
"Outside Storage".
Revised Ordinance No. 02-2013 lists "Outside Storage" as a Special Exception Use and
provides the following definition: outdoor storage shall mean the commercial storage
of licensed recreational vehicles, trailers, trailerable items, goods, wares, merchandise,
commodities, or any other item outside of a completely enclosed building for a
continuous period of longer than 24 hours.
3. Ordinance No. 03-2013 (formerly # 24-2012) Commercial Parking Facilities — Mr.
Charles Pindziak requested the Code be revised to change Commercial Parking Facility
from a Special Exception to a Principal Use in the A1A Overlay District. 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. On December 12, 2012 the P&Z Board reviewed the proposed Ordinance
and recommended approval.
The Ordinance received a first reading by Council on January 15, 2013 with the
following recommendation: "Staff supports the Board's recommendation, but does not
believe the language in the Ordinance represents the intent of Staff or the Board for
screening and landscaping. It was the intent of Staff for the parking facility to be
enclosed by fence or wall, but only provide the landscape buffer where visible from
public view. The Ordinance, as drafted, requires a landscape buffer around the entire
perimeter whether or not it is visible from public view and only requires a wall or fence
where visible from public view." Accordingly, the Council is sending the Ordinance back
to P&Z Board for further review and addition of definition for "Commercial Parking
Facility".
See section 110-690 of revised Ordinance No. 03-2013 for revised language for
required screening. Also, at Council's request the following definition for Commercial
Parking Facility has been added.
Commercial parking facility shall mean a facility primarily engaged in the commercial
enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly,
daily, or monthly basis. Commercial parking facilities shall not include those facilities for
the storage or parking of boats, trailers, trailerable items, recreational vehicles, or other
special purpose vehicles.
4. Ordinance No. 04-2013 (formerly #25-2012) — Measurement of Building Height -
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
2
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."
On December 12, 2012, the Board continued discussion of the Ordinance and
determined that a definition of "excess fill" was needed. The Board recommended a
definition that would consider fill in excess of that needed to provide an elevation
greater than two (2) feet above the 100 year base flood elevation to be excess.
As directed, Staff revised the Ordinance to include the following definition: excess fill
shall mean any fill more than two feet (2) above the 100 year flood level. However, this
approach might prohibit the construction of homes/buildings with a finished floor
elevation of more than two (2) feet above the base flood elevation. It may be better to
simply define excess fill as "fill placed above the finished floor elevation". We will
continue this discussion at the meeting.
5. Election of Officers.
If you have question or comment, please email B.BrqwnCajci!ygfqa canaveraLorg or
call me at 321 868-1206.
3
Community & Economic Development
Department
Memo
TO: Planning & Zoning Board Members
FROM: Susan L. Chapman, Board Secretary
DATE: January 15, 2013
RE: Draft Board Meeting Minutes of October 24, 2012 - Board's Request for
Clarification on page one, second paragraph
Due to the very poor quality of the audio for P & Z meeting held on October 24, 2012, I
cannot verify that the sentence in the draft minutes is in fact completely accurate. Since
the sentence did not sway the individual Board members decision regarding voting on the
agenda item, I would recommend that the sentence be stricken from the minutes. On
December 17, 2012, I spoke with Lamar and he agrees.
PLANNING & ZONING BOARD
MEETING MINUTES
OCTOBER 24, 2012
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
1. 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 last meeting regarding the
appropriateness of storage facilities along SR A1A and Central Blvd. Following discussion, the
Board directed Staff to prepare an Ordinance requiring that storage facilities to be setback 400
ft. from SR A1A and to change the use from a Special Exception to a Permitted Use in the M-1
Zoning District. The Board further requested that the proposed Ordinance include 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, Pet elimiRate the use,
the in G-1 and- h.4-1 zeniRg dis would be 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 Parkinq
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 A1A 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 A1A 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 brings the Ordinance back to the Board for
further recommendation. 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 Brownfield 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 to 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
PLANNING & ZONING BOARD
MEETING MINUTES
DECEMBER 12, 2012
A Meeting of the Planning & Zoning Board was held on Wednesday, December 12, 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
John Fredrickson
Donald Dunn
Ron Friedman
John Price
MEMBERS ABSENT
Harry Pearson
Bruce Collins
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
Secretary
Assistant City Attorney
Planning & Zoning Director
Approval of Meetinq Minutes: August 22, 2012.
The Board held discussion regarding clarification of a sentence on page one in the second
paragraph of the draft minutes. Barry Brown advised that Staff would listen to the audio
recording and report back to the Board. By unanimous consensus this agenda item was
postponed.
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 & C-2 Zoninq District, and to make Outside Storage a Principal Use in M-1
Zoning District.
Barry Brown advised that at the last meeting 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.
The Board members reviewed and discussed the revised Ordinance. During discussion, the
Board determined that the proposed 400 ft. setback requirement would only allow for a few
possible locations in the entire C-1 and C-2 Zoning Districts. The Board members agreed that
the Use be prohibited along North Atlantic Avenue.
Motion by John Price, seconded by Donald Dunn, to recommend that City Council approve
proposed Ordinance 19-2012, to prohibit the location of "commercial establishments for the
Storage or Parking of Recreational Vehicles, Trailers, and Trailerable Items" in the C-1 and C-2
Zoning Districts; and to change the Use from a Special Exception to a Principal Use in the M-1
Zoning District. Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
December 12, 2012
Page 2of3
3. Recommendation to City Council Re: Proposed Ordinance No. 24-2012 - to Change a
Commercial Parking Facility in the A1A Overlay District from a Special Exception to a
Principal Use.
Barry Brown advised that at the last meeting, the Board directed Staff to draft a proposed
Ordinance to change a Commercial Parking Facility within the A1A Overlay District from a
Special Exception to a Permitted Use in the M-1 Zoning District; and include additional
landscaping and buffering requirements specific to the Use as recommended by Staff at the
Board's last meeting.
The Board members reviewed and discussed the proposed Ordinance.
Motion by Ron Friedman, seconded by John Fredrickson to recommend City Council adopt
proposed Ordinance 24-2012, as presented. Vote on the motion carried unanimously.
Chairperson Russell announced that the Board would take a five minute break at 8:12 p.m. The
meeting reconvened at 8:17 p.m.
5. Discussion Re: Review Method by which Building Height is Measured.
Barry Brown advised that at the last meeting, the Board directed Staff to draft a proposed
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.
The Board reviewed the draft Ordinance and held additional discussion regarding building
height and measurement. Following discussion, the Board requested that Staff add a definition
of "excess fill" to the proposed Ordinance. Fill should be considered "excess" if it is more than 2
ft. above the 100 year flood elevation.
By unanimous consensus, the Board directed Staff to make the requested verbiage to the
proposed Ordinance and bring it back to the Board for further consideration.
OPEN DISCUSSION
Barry Brown reported that Staff has met with the owner of a helicopter tour business who is
interested in bringing his business into the City. Locations being considered are located within
the A1A Overlay District.
Barry Brown reported that Staff has met with the new property owner of the Porter property
regarding the development of a 4 -star hotel with amenities.
Barry Brown updated the Board on the status of the Brewery.
Barry Brown advised that Imperial Boulevard, Brown Circle, and Commerce Street are private
roads owed by Bill Mays.
Barry Brown advised that the County approved the City's Community Redevelopment Plan.
Planning & Zoning Board
Meeting Minutes
December 12, 2012
Page 3of3
There being no further business the meeting adjourned at 8:44 p.m.
Approved on this day of , 2013.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
ORDINANCE NO. 02-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES RELATED TO
OUTDOOR STORAGE; 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 to repeal special exceptions for commercial facilities for the storage or parking of
recreational vehicles, trailers and trailerable items; 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 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
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 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. 02-2013
Page 1 of 4
ARTICLE 1. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Outdoorstorage shall mean the commercial storage of licensed recreational vehicles, trailers,
and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a
completely enclosed building for a continuous period of longer than 24 hours.
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:
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City of Cape Canaveral
Ordinance No. 02-2013
Page 2 of 4
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-354. Special exceptions permissible by the board of adjustment.
(c) Special exceptions may be granted for the following:
(1) Outside storage, subject to section 110-566, where applicable.
DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT
Sec. 110-393. - Special exceptions permissible by the board of adjustment.
( c) Special exceptions may be permitted for the following:
(7) Reserved. : : : .: : 11(00
: .•
:
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
City of Cape Canaveral
Ordinance No. 02-2013
Page 3 of 4
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,
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
12013.
ATTEST:
ANGELA APPERSON, City Clerk
181 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. 02-2013
Page 4 of 4
ORDINANCE NO. 03-2013
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 AIA 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 A 1 A 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.
NOW, THEREFORE, 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
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. 03-2013
Page 1 of 5
this Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial parking facility shall mean a facility primarily engaged in the commercial
enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or
monthly basis. Commercial parking facilities shall not include those facilities for the storage or
parking of boats, trailers, trailerable items, recreational vehicles, unlicensed vehicles or other special
purpose vehicles.
ARTICLE X. AlA ECONOMIC OPPORTUNITY OVERLY DISTRICT
DIVISION 2. ADMINISTRATION
Sec. 110-609. - Use matrix.
The AIA 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
'P
City of Cape Canaveral
Ordinance No. 03-2013
Page 2 of 5
Personal Services
P
P
'SE
Hotels and Motels
P
'P
'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
'High tech / light manufacturing
SE
P
P
'Warehousing
NA
SE
P
'Off-site cruise ship parking accessory to hotels and
motels
SE
SE
SE
Commercial Parking Facility (minimum lot size of 5
acres)
NA
NA
§E !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. 110-687. - Project perimeter.
(1) To create visual interest and transition on the perimeter between adjacent properties,
a landscaped area shall be provided between the adjacent properties and the public right-of-
way.
City of Cape Canaveral
Ordinance No. 03-2013
Page 3 of 5
a. The landscaped area shall be equal to the full linear length of the property and
have a minimum depth of five feet.
b. At least 50 percent of the required landscaped area shall consist of
landscaping capable of achieving a minimum of 30 inches in height, with one
medium or large tree planted for each 25 feet or fraction thereof of the linear property
length, or one small tree or palm tree planted for each 15 feet or fraction thereof of
the linear property length.
C. The layout of the required landscaped area shall be at the discretion of the
owner, such that the required square footage may be aggregated to provide maximum
aesthetic value. However, each perimeter requiring landscape must have at least 50
percent of the required landscape along that perimeter.
d. Unless otherwise expressly required by this article, the community
development director may exempt a perimeter boundary from this section if the
community development director determines that the perimeter boundary does not
abut a public space, including, but not limited to, a public road, sidewalk or park, and
the perimeter boundary does not create any visual interest or transition on the
perimeter between adjacent properties.
C. Commercial parking facilities subject to section 110-690 are exempt from this
section.
Sec. 110-690. - grad. Required screening for commercial parking facilities.
A commercial parking facility shall include a fence or wall around the perimeter of the
facility. Further, a perimeter boundary landscape buffer shall be required when a commercial
parking facility is located adjacent to a non -industrial type use or a public space, including, but not
limited to, a public road, sidewalk or park. The community development director may exempt a
perimeter boundary from the landscape buffer requirement when the perimeter boundary is located
adjacent to a non -industrial type use and the landscaping would not be visible from the non -industrial
use. Landscape buffers required pursuant to this section shall be consistent with the following:
(a) Opaque walls and fences shall be continuously landscaped along the outside
perimeter using 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.
City of Cape Canaveral
Ordinance No. 03-2013
Page 4 of 5
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
, 2013.
ATTEST:
Rocky Randels, Mayor
For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk / Assistant City Manager
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. 03-2013
Page 5 of 5
ORDINANCE NO. 04-2013
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.
NOW, THEREFORE, 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
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. Excess fill shall mean any fill more than
City of Cape Canaveral
Ordinance No. 04-2013
Page 1 of 3
two feet (2') above the 100 -year flood level. Measurement must be in compliance with 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
, 2013.
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. 04-2013
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. 04-2012
Page 3 of 3