HomeMy WebLinkAboutP&Z Agenda Packet 6-8-2016 (REVISED)PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
June 8, 2016
6:00 P.M.
AGENDA (REVISED)
CALL TO ORDER
ROLL CALL:
PUBLIC PARTICIPATION
Any member of the public may address any items that do not appear on the agenda and any agenda item that
is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing
items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda,
minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to
three (3) minutes. The Planning & Zoning Board will not take any action under the 'Reports and Open
Discussion" section of the agenda. The Planning & Zoning Board may schedule items act on the agenda as
regular items and act upon them in the future.
NEW BUSINESS:
1. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Preliminary Plat Approval — per City Code of Ordinances, Section 98-
46 — Antonio Romano - Owner (350 Monroe Avenue).
2. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. 00-2016, Amending Chapter 110, Zoning, Article I. In
General; Article IV. Special Exceptions. Districts — City of Cape Canaveral —
Applicant.
ADJOURNMENT:
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 & 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 Development Department
(868-1222, est. 15) 48 hours in advance of the meeting.
Plat
D. Wayne
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 6/8/2016
Item No. 1
Summary: The applicant is requesting a Preliminary Plat associated with the redevelopment
of the property located at 350 Monroe Avenue (Attachment 1). The request would replat two (2)
lots into five (5) lots to facilitate future sales (Attachment 2). The property is zoned R-2.
The project includes the demolition of legacy structures and the construction of five townhomes.
The proposed lots will be 20 feet wide and 124 feet in depth and include drainage swales to
capture stormwater on-site. The project is required to meet zoning standards established in
Division 7 of Chapter 110 of the City Code. Three offstreet parking spaces are provided for each
unit.
Chapter 98, Article II of the City Code spells out the process by which the City will review and
approve a Preliminary Plat. In general, the process consists of three steps: 1 — staff conducts a
preapplication meeting with the applicant to determine if the application is adequate; 2 — the
Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed
Preliminary Plat; and, 3 — the City Council holds a public hearing and takes final action on the
request.
Consistent with Chapter 98-36 of the City Code, a preapplication conference was held with the
City Staff on March 18, 2015, to discuss the project and the requirements of the City's approval
process.
Sec. 98-41 of the City code outlines the required information that must be submitted as part of
the application for preliminary plat approval. Including:
a) a completed application (Attachment 2)
b) a preliminary plat consistent with F.S. Chapter 177 (Attachment 5)
c) topographic survey (spot elevations if less than 2% slope)
d) photos of the tract (Attachment 1)
e) a filing fee
f) current title opinion — (Attachment 4)
Attached is a memo dated May 10, 2016 (Attachment #3) from John Pekar, P.E., the City
Engineer, recommending approval of the proposed plat. The City Attorney's Office has also
reviewed the submitted materials for consistency with applicable rules/regulations.
The platting process is divided into two steps, preliminary and final. Once the City Council
approves the Preliminary Plat and prior to the issuance of a Certificate of Occupancy, a Final
Plat application shall be submitted for review and approval. The Final Plat approval process is
similar to the Preliminary Plat process in that the P&Z Board will make a recommendation to
the City Council who will approve the Final Plat via resolution.
Planning and Zoning Board Meeting Date: 6/8/2016
350 Monroe Preliminary Plat
Page 2 of 2
Submitting Director: David Dickey Date: 6/2/2016
Attachments:
1— Location Map
2 - Preliminary Plat Application
3 — John Pekar, P.E. Letter/May 10, 2016
4 — Title Opinion
5 - Preliminary Plat Full Size
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of the Preliminary Plat to the City Council.
Director: David
I
ATTACHMENT
City of Cape Canaveral
Preliminary and Final Plat
Information Sheet
Date of submittal: 2 // //41
Project name: Cape Park Townhomes
Project address (N not available, provide general location) 350 Monroe Ave Cape Canaveral FL 32920
Legal description (attach legaq Lots 14 and 15, Block 21, Avon -By -The -Sea, a subdivision
accordini to the plat thereof recorded at Plat Book 3, Page 7, Public Records
of Brevard County, Florida
FLU and Zoning designations:
Owner(S) name: Antonio Romano
Owner(s)address- 1956 Crossbair Circle, Orlando, FL 32837
Phone numbeds): 321-438-3345
Email(s): antonioromano@gmail.com
If applicant is not owner, a completed Power of Attorney fort Is required.
G�
aneAntonio Knows= 3 loo q 3fso�d-Jr%q fox I
Applicant j)
I rk
Applicant`e�k 1956 Croashain Circle, Orlando FL 32837
Applicant *One raimber(s): 321-438-3345
n
Applicant "sk.antonioromano@gw om - leas
Signature (ownenarapplicant):
Prelim. a Final Plat App 1/2015
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ATTACHMENT3
JOHN A. PEKAK, P.F., LLC
Civil bsinswiug; Cenaualy
L09 Calumbin Drive
Susie 20'
fnpc Cavnveral, FL 32920
Of! Phune: 921 61}2959
C.0 Phu-. 321-283-I WO
juhrpek.rpg3gm.a.rom
j(". Z Y°ske., 5?R. a®n..e mGneBPcu.cav
�[u MacgEe: r�tY:M��a: !1:-:J19TiG
May 10, 2016
TO: Mike German
FROM: John A. Pekar, PE, City Consulting Engineer
SUBJECT: 350 Monroe Avenue
We have reviewed the revisions to the site plan dated May 4, 2016 for 350 Momoe Avenue. Based on
our on site review and submitted site drawings, we recommend City approval of this site plan.
Please let me know if you have any questions.
Sincerely,
,*q 4e V�'tt t,
John A. Pekar, P.E.
JAP:rmf
RANDALL C. SMITH, PA
ATTORNEY h COUNSELOR AT LAW
533 VERSAILLES DRIVE, SUITE IRO
MAMAND, FLORIDA 32751
(407) 599-0002
(407) 599-1118 Facsimile
March 9, 2016
Community Development Department
City of Cape Canaveral
110 Polk Avenue
Cape Canaveral, Florida 32920
ATTACHMENT4
Re: Title Opinion - LOTS 14 AND 15, BLOCK 21 AS SHOWN ON THE
PLAT OF AVON -BY -THE -SEA, PLAT BOOK 3, PAGE 7 OF THE PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA, THE PERIMETER OF WHICH BEING DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST OF SAID IAT 15, THENCE ON A
BEARING OF WEST, ALONG THE SOUTH LINE OF SAID LOTS 14 AND 15, A
DISTANCE OF 99.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE
N.01 -43'26"E., ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 124.27 FEET
TO THE NORTHWEST CORNER THEREOF; THENCE S.89055'5TE., ALONG THE
NORTH LINE OF SAID LOTS 14 AND 15 A DISTANCE OF 99.98 FEET TO THE
NORTHEAST CORNER OF SAID LOT 15; THENCE S.01043'26"W., ALONG THE EAST
LINE OF SAID LOT 15, A DISTANCE OF 124.15 FEET TO THE POINT OF BEGINNING.
Containing 0.28 acres more or less.
Dear Sir or Madam:
This opinion letter is furnished to the City pursuant to F.S. §177.041. I am an attorney
duly licensed to practice before the Florida Supreme Court.
Based upon a title examination undertaken by Old Republic National Title Insurance
Company, File No. 15124349, record -title to the referenced parcel is vested in Antonio Romano.
The subject property is encumbered by the following mortgage instruments:
Mortgage and Security Agreement from Antonio L. Romano to Sunrise Bank,
dated August 14, 2015 and recorded August 17, 2015 in O.R. Book 7432, Page
906, together with Assignment of Rents, Leases and Profits recorded in O.R.
Book 7432, Page 932, and UCC Financing Statement recorded in O.R. Book
7432, Page 937.
Very truly yours,
Randall C. Smith
ORDINANCE NO. -2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 110 ZONING, CHANGING THE LIST OF
PERMITTED USES IN THE R-1, R-2, Rd, C-1, C-2 AND M-1
ZONING DISTRICTS; CREATING DEFINITIONS FOR CAR
WASHES, VETERINARY CLINICS, VETERINARY HOSPITALS,
AUTOMOTIVE MAINTENANCE FACILITIES AND
CONVENIENVE STORES WITH OR WITHOUT THE SALE OF
GASOLINE AT FUELING STATIONS; AMENDING THE
DEFINITION OF AUTOMOTIVE REPAIR FACILITIES;
AMENDING SUPPLEMENTARY DISTRICT REGULATIONS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral 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, Chapter 163, Florida Statutes, the Local Government Comprehensive
Planning and Land Development Regulation Act provides for the ability of the City of Cape
Canaveral to plan for its future development and growth and provide necessary regulations for
same; and
WHEREAS, the City Council desires to update and modernize the City Code; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at
a duly noticed public hearing held on June 22, 2016, and said Board has recommended approval of
the amendments to the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral, 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. Chapter 110, Zoning, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and strikeeat 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
City of Cape Canaveral
Ordinance No. XX— 2016
Page 1 of 22
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
Chapter 110 Zoning
ARTICLE I. - IN GENERAL
Sec. 110-1. - Definitions.
Automotive repair
•••
City of Cape Canaveral
Ordinance No. XX — 2016
Page 2 of 22
and wheFe, in
addition, San-OeAS M85- 13, __a ....a ...... ,.,_a,. _...._eeifed b this ShdPte.. ,
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Veterinary clinic means an establishment that has the necessary facilities for the examination and
treatment of animals but does not accommodate animals for more than 24 hours, thereby not
providing boarding services
Veterinary hospital means an establishment that has the necessary facilities for the examination
and treatment of animals which includes boarding services that may accommodate animals for
more than 24 hours.
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ARTICLE VII.—DISTRICTS
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DIVISION 2.-R-1 LOW DENSITY RESD)ENTL4,L DISTRICT
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Sec. 110-272. - Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
(1) Single-family dwellings. In no case shall there be more than one principal structure per
lot or parcel.
Public and semipublic parks playgrounds olavfields and recreation facilities without
li htin .
Public utility eauioment uses and rights-of-way essential to serve the neighborhood in
which it is located.
Sec. 110-274. Reserved. -
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DIVISION 3.-R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
City of Cape Canaveral
Ordinance No. XX -2016
Page 3 of 22
Sec. 110-292. - Principal uses and structures.
In the R-2 medium density residential district, there shall be no more than 15 dwelling units per net
residential acre. tThe principal uses and structures permitted in the R-2 medium density residential
district shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
(_s_) Public utility equipment uses and rights-of-way essential to serve the neighborhood in
which it is located.
Public and nonprofit private schools with conventional curriculums: public libraries.
L71 Churches and other places of worship: parish houses.
(8) Public safety structures and equipment, such as fire substations civil defense facilities
and the like.
Public and semipublic parks playgrounds olavfields and recreation facilities.
(101 Child care facilities licensed and operated consistent with Florida law. subject to the
following conditions:
a. The child care facility must be located in a multifamily complex and any such
complex shall not be an ase -restricted community:
b. There shall be an adequate dr000ff and pickup area onsite located outside of the
public right-of-way;
c. One parking space per employee plus one parking space for every eight children
shall be required with a minimum of five total spaces:
d. Adequate visual screening and noise buffers from adjacent areas shall be provided.
e. Each application under this subsection shall be accompanied by a site plan drawn to
scale depicting the child care building drop off and oickuo area parking play area
and adjacent buildings.
E Adequate lighting in the pickup and drop off area shall be provided.
For purposes of this subsection the term "child care facility" shall not include a "family day
cue home" as defined by Florida law.
�i a E�vithstan ding the fe,egeing, them shall be no maFethan 45 dwom ing units peFnetmsidentiftl
aefe..
See. 110-294. —Reserved.
City of Cape Canaveral
Ordinance No. XX -2016
Page 4 of 22
DIVISION 4,R,3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-312. - Principal uses and structures.
In the R-3 medium density residential district, there shall be no more than 15 dwelling units per net
residential acre. tThe principal uses and structuresye mitted in the R-3 medium density residential
district shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
is) Public utility couivment uses and rights-of-way essential to serve the neighborhood in
which it is located.
f1 Public and nonprofit Private schools with conventional curriculums: public libraries.
City of Cape Canaveral
Ordinance No. XX — 2016
Page 5 of 22
w'
DIVISION 4,R,3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-312. - Principal uses and structures.
In the R-3 medium density residential district, there shall be no more than 15 dwelling units per net
residential acre. tThe principal uses and structuresye mitted in the R-3 medium density residential
district shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
is) Public utility couivment uses and rights-of-way essential to serve the neighborhood in
which it is located.
f1 Public and nonprofit Private schools with conventional curriculums: public libraries.
City of Cape Canaveral
Ordinance No. XX — 2016
Page 5 of 22
L71 Churches and other places of worship: parish houses.
M Public safety structures and eauipmem such as fire substations, civil defense facilities
and the like.
(9) Public and semipublic parks grounds ulayftelds and recreation facilities.
(10) Assisted living facilities subiect to the requirements of section 110-488.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre.
+++
Sec. 110-314. —Reserved. Speeial eseeptiens permissible by board of adjustment
DIVISION 5. —C-1 LOW DENSITY COMMERCIAL, DISTRICT
Sec. 110-332. - Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(1) Retail stores, sales and display rooms.
(2) Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops and similar uses.
(3) Professional offices, studios, medical or dental clinics, laboratories, general offices,
business schools and similar uses.
(4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30
rental units per net acre nor shall a rental unit have a floor area less than 300 square feet.
Hotel and motel units containing provisions for cooking or light housekeeping shall have
a minimum floor area not less than 400 square feet. Motels and hotels may not be
converted to other types of dwellings at more than the density required in this chapter for
such dwellings.
City of Cape Canaveral
Ordinance No. XX— 2016
Page 6 of 22
ME
DIVISION 5. —C-1 LOW DENSITY COMMERCIAL, DISTRICT
Sec. 110-332. - Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(1) Retail stores, sales and display rooms.
(2) Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops and similar uses.
(3) Professional offices, studios, medical or dental clinics, laboratories, general offices,
business schools and similar uses.
(4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30
rental units per net acre nor shall a rental unit have a floor area less than 300 square feet.
Hotel and motel units containing provisions for cooking or light housekeeping shall have
a minimum floor area not less than 400 square feet. Motels and hotels may not be
converted to other types of dwellings at more than the density required in this chapter for
such dwellings.
City of Cape Canaveral
Ordinance No. XX— 2016
Page 6 of 22
(5) Eating establishments.
(6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals,
medical or dental clinics, mem-nFies, funeral homes, government offices, schools,
churches and similar uses.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving ranges, bowling alleys and similar uses.
(9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be
contained in the required setbacks.
(10) Repair service establishments, such as household appliances, radio and TV and similar
uses,
(11) Kindergartens and child care facilities.
(12) Shopping eenteFs and malls,Ve[erinary clinics.
(13) Retail sale of beer and wine for off -premises consumption.
(14) Public schools.
(15) {Resewed.j Assisted living facilities subject to the requirements of section 110-488.
(16) Places in which goods are produced and sold at retail upon the premises.
(17) Vocational and trade schools not involvine operations of an industrial nature.
(lam Public utility equipment uses and rights-of-way essential to serve the neighborhood in
which it is located.
(1.) Carwashes including polishing and sale of related materials.
(20) Automotive maintenance facilities but not automotive repair facilities.
Sec. 110-334. - Special exceptions permissible by board of adjustment.
(a)
LOm- n,cr.
(e) Special exceptions may be permitted for the following:
hospitals and alinies.
(3)(1]Automotive service stations that were lawfully approved and permitted by the city
pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November
17, 20151 shall be considered a lawful, conforming use subject to all applicable
conditions and requirements imposed by the city when said use was previously permitted.
In addition, such automotive service stations may be modified to allow no more than ten
fueling stations (where one vehicle can be accommodated for refueling) within any one
City of Cape Canaveral
Ordinance No. XX -2016
Page 7 of 22
filling station property or location, whether said filling station is located on one lot or
comprises more than one lot. An automotive service station may be modified to allow up to
16 fueling stations on a single lot of at least one acre with at least 275 feet of single street
frontage.
Any request for a modification to such special exception is subject to Chanter 110, Article
11, Division 4, City Code, and all other applicable provisions of the City Code.
and t ffid......1.00is not itivelving epefatiens of M :..J. _ia6l ..
(6)Comunemial establishments %Ihieh Sell, diSPORSO, Serve OF Stem E11601101fte bONVFageS 8
144-332.
(7)Dry e1eming establishments using neniaAammable selvents and _leaning fluid.
dete"ined b5 the Fite ehief-.
a4he ama of outside display shall not eikeeed ia size ene thiFd of the enelesed afea
of the liFineilial stmeture.
b4he OutsideaFOaShall L..... nsidered the _ me es the fleeF anee feF
pHFpeSe Of e .lati fig OffStF st Paddllg, sethae s and lea n...:effige.
(9#ew aiiel used autemobPas, M(3J6F MOF09601101 equipment and mebile hem, sAlm with
aesessiny
' wh.m menhandise is displayed shall be e... ed
oat slaq,F than 1510 feet apaK-Oft4he-S�.
d StFUEtUft
d% ellings; pfavided, heweveF, dieFe shall not be mom than 15 dwelling units peF not
(12)pubk "Wilt,
in .. hie6 :a s leevaed '
studies,
eYe
and ve..._ .. s efseeale. 10 86 At se
:shinand sale ef.alaaed Matelele
r .. City of Cape Canaveral
Ordinance No. XX — 2016
Page 8 of 22
fLPain management clinics, subject to the requirements of section 110-489 of this Code.
(W
(aMedical marijuana treatment centers, subject to the requirements of section 110-489 of this
Code.
(4) Commercial establishments which sell dispense serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subject to section 110-
171.
DIVISION 6 S. - C-2 COMMERCIAL/MANUFACTURING DISTRICT
Sec. 110-381. - Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are
permitted:
1. Retail stores, sales and display rooms, and shopping centers.
2. Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pickup stations, tailor shops, daycare and similar uses.
3. Dry cleaning establishments using nonflammable solvents and cleaning fluids as
determined by the fire chief.
4. Professional offices, studios, medical and dental clinics, laboratories, general offices,
business schools, data processing and similar uses.
5. Banks and financial institutions.
6. Places in which goods are produced and sold at retail upon the premises.
7. Eating establishments, bakeries and delicatessens.
8. Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural
facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding
crematories); government offices; schools; adult and youth centers; churches; reading
rooms and similar uses.
9. Vocational and trade schools not involving operations of an industrial nature, such as truck
driving schools.
10. Repair service establishments, such as household appliances, radio, television and similar
uses
11. Automotive service stations that were lawfully approved and permitted by the city
pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November
City of Cape Canaveral
Ordinance No. XX — 2016
Page 9 of 22
17, 2015] shall be considered a lawful, conforming use subject to all applicable
conditions and requirements imposed by the city when said use was previously permitted.
In addition, such automotive service stations may be modified to allow no more than ten
fueling stations (where one vehicle can be accommodated for refueling) within any one
filling station property or location, whether said filling station is located on one lot or
comprises more than one lot. An automotive service station may be modified to allow up to
16 fueling stations on a single lot of at least one acre with at least 275 feet of single street
frontage. Any request for a modification to such special exception is subject to Chapter
110, Article 11, Division 4, City Code, and all other applicable provisions of the City Code.
12. Light manufacturing, including:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
It. Pens, pencils and other office and artist materials.
1. Costume jewelry, costume novelties, buttons and notions.
in. Other similar uses.
13. Craft distilleries, as defined by F.S. § 565.03, subject to the following:
a. Onsite production of distilled spirits shall not exceed 75,000 gallons on an annual
basis; and
b. Tasting rooms and/or retail shops associated with the distillery shall be permitted but
shall not exceed 50 percent of the total square footage of the operation; and
c. No alcohol consumption, other than that associated with the tasting room, shall be
permitted on-site; and
d. No by-product of the distilling operation shall be discharged into the city's
wastewater system, unless it is properly pre-treated as approved by the city; and
e. All materials and supplies related to the distillery operation shall be stored in an
enclosed structure.
14. Veterinary hospitals and clinics
15. Radio and television studios broadcasting towers and antennas.
16. Commercial establishments which sell dispense serve or store alcoholic beverages or
which permit the consumption of alcoholic beverages on their premises subiect to
section 110-171.
17. Retail stores using outside display areas subject to section 110-459.
City of Cape Canaveral
Ordinance No. XX — 2016
Page 10 of 22
18. New and used automobiles major recreational equipment and mobile home sales with
accessory services. subiect to the following:
a. All outside areas where merchandise is displayed shall be paved.
b. All ingress and egress points to abutting streets shall be marked clearly and
placed not closer than 150 feet apart on the same street.
c. All servicing and repair activities except gasoline pumps shall be located in an
enclosed structure.
d. There shall be no storage of iunked or wrecked automobiles, other than
temporary storage not to exceed 30 days, and these vehicles shall be in an
enclosed area and not be visible from outside the property.
L. Ingress and egress points shall not be placed so as to endanger pedestrian
traffic.
19. Theatres drive-in theatres photographic studios. bookstores, and dance studios, unless
such uses fall within the scope and restrictions of section 10-86 et seq.
20. Carwashes including polishing. and sale of related materials.
21. Assisted living facilities subiect to the requirements of section 110-488.
22. Plant nurseries and greenhouses provided that all outside display of merchandise are
contained within the required setbacks.
23. Permanent and temporary onsite security living facilities, subiect to an annual review
and the followine:
a. Maximum size not to exceed 800 square feet.
b. Security personnel only: no children allowed.
c. Facility to be used exclusively for security purposes.
24. Automotive maintenance facilities, but not automotive repair facilities.
Sec. 110-383. - Special exceptions permissible by the board of adjustment.
City of Cape Canaveral
Ordinance No. XX -2016
Page 11 of 22
d4: (1) Pain management clinics, subject to the requirements of section 110489 of this
Code.
43 (2) Medical marijuana treatment centers, subject to the requirements of section 110-
489 of this Code.
JD Commercial establishments which sell dispense serve or store alcoholic beverages
or which permit the consumption of alcoholic beverages on their premises subject to
section 110-171.
xxx
City of Cape Canaveral
Ordinance No. XX— 2016
Page 12 of 22
.... .
- ...:..............
..
:.'
d4: (1) Pain management clinics, subject to the requirements of section 110489 of this
Code.
43 (2) Medical marijuana treatment centers, subject to the requirements of section 110-
489 of this Code.
JD Commercial establishments which sell dispense serve or store alcoholic beverages
or which permit the consumption of alcoholic beverages on their premises subject to
section 110-171.
xxx
City of Cape Canaveral
Ordinance No. XX— 2016
Page 12 of 22
DIVISION 4 7. — 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:
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(5) Paint and bady- ' . Automotive -maintenance facilities
(6) NlateF vehiele Fepaif shops. Automotive repair facilities
(12) Convenience stores including the sale of gasoline at fueling stations Aeternetive
sewiees-statiens, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump island, but in no case shall a lot have less than 100 feet of
street frontage.
b. Underground storage is required for all receptacles for combustible materials
in excess of 55 gallons. Such storage shall comply with all Environmental
Protection Agency standards.
C. The accumulation and storage of waste petroleum products is forbidden,
unless in compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110-493.
e. No service stations shall be erected or located within 150 feet of the property
line of any church, hospital, school or park.
f. No main accessory building, and no gasoline pump shall be located within 25
feet of the lot line of a property that is residentially zoned. A finished
concrete wall of at least 8 feet in height shall be provided along any property
line abutting a residential district or residential use.
g. Primary services and sales permissible include fueling stations and electric
charging stations, and include only the following accessory uses:
1. Tire servicing and repair, but not recapping.
2. Car wash services.
3. Oil changes and other engine lubrication.
4. Sale of convenience goods for service station customers.
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ordinance No. XX -2016
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5. Restroom facilities.
6. Accessory fast food services without a drive-through.
7. Track and trailer rentals.
h. Vehicles shall not be parked outside the building for more than four days,
such four days to be considered as an accumulated parking time, whether
consecutive or accumulated.
Uses permissible at a service station do not include body work, straightening
of body parts, painting, welding (other than minor repairs), storage of
automobiles not in operating condition or other work involving noise, glare,
fumes, smoke or other characteristics to an extent greater than normally found
in service stations. A service station is not a body shop.
Automotive parts, new or used, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside the service
bays.
in. A minimum of two enclosed service bays and a customer waiting area must be
provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or
joints in the pavement.
P. Landscaping shall conform to section 110-566.
q. A minimum distance of 2,500 feet by shortest airline measurement shall be
maintained between the nearest point of a lot or lots used for filling stations or
automotive stations.
r. Lighting on a service station shall be so designed and installed so as to prevent
glare or excessive light on adjacent property. No source of illumination shall
be allowed if such source of illumination would be visible from a
residentially -zoned district to the extent that it interferes with the residential
use of that area.
S. No gasoline pump shall be located within 25 feet of a street right-of-way line.
t. There shall be no more than ten (10) fueling positions (where one vehicle can
be accommodated for refueling) within any one filling station property or
location, whether said filling station is located on one lot or comprises more
than one lot. However, up to sixteen (16) fueling stations may be permitted
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Ordinance No. XX— 2016
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on a single lot of at least one acre with at least two -hundred and seventy-five
feet of single street frontage.
Outside storage, subject to section 110-566, where applicable.
Freight handling facilities: transportation terminals.
iU5 Veterinary hospitals and clinics subject to the provisions designated in division 5 of
this article for the C-1 district.
(lam Recycling activities for the collection of nonhazardous materials, provided that all
storage of such materials shall be in approved structures, containers or trailers
Radio and TV studios.
(18) Shopping centers provided the shopping center is on a minimum ten -acre plot and
has a minimum of 75,000 square feet of interior space under the roof. All sh000ing
centers shall be built in conformance with the criteria for the classification of shopping
centers as set forth in the building code adopted in section 82-31.
Public utility equipment: uses and rights-of-way essential to serve the neighborhood
in which it is located.
(20) Permanent onsite security living facilities, subiect to an annual review and the
following:
a. Maximum size not to exceed 800 square feet.
b. Security Personnel only: no children allowed.
c. Facility to be used exclusively for security purposes.
IJ Restaurants.
(222) Public buildings and facilities.
in this chapter for such dwellings.
Sec. 110-354. - Special exceptions permissible by board of adjustment.
(a) in the M W igia irrd AtFiR I Md FeSeaFOh
and develop neat dktFiet, after P"bli A 1106 so and
permitted "SeS and ",hieh are able t@ meet
the MiAmrmrra Rd P,flcrfflAHQe
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Ordinance No. XX — 2016
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(e) Special exceptions may be granted for the following:
..t Stations,
C 1 distli
(7)Radia and TV studias7
(9)publie Utility
uses and Fights of way essential to sen,e the Reighberheed in
.. L:.. LAmph it is lwmc` ����'V. equipment;
C P-vm,vov.Q..b:r
(144)Conveyor systems for purposes of moving aggregate and other materials, subject to
the following:
a.Conveyor systems must be connected and adjacent to Port Canaveral.
b.Conveyor systems crossing the setback must be constructed in a north -south
direction, perpendicular to Port Canaveral.
c.Conveyor systems must be completely enclosed where located within a setback.
d.Conveyor systems shall not exceed 30 feet in height, where located within a
setback.
e.Conveyor systems in the setbacks shall not be located within 750 feet from any
other existing or approved conveyor system(s). This measurement shall be drawn as
a straight line connecting the conveyor systems.
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Ordinance No. XX -2016
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" (2) Pain management clinics, subject to the requirements of section 110489 of this
Code.
(moi (3) Medical marijuana treatment centers, subject to the requirements of section
110-489 of this Code.
(4) Commercial establishments which sell, dispense, serve or store alcoholic beverages
or which permit the consumption of alcoholic beverages on their premises subject to
section 110-171.
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DIVISION 4.8- TOWNHOUSES
ARTICLE IX. —SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1.—GENERALLY
Sec. 110-456. - Application of performance standards.
(aJ Any use building structure or land developed, constructed or
(b)
Sec. 110-457 - Outside Storage
(a) Outdoor storage yards and lots including auto storage Yards (but not scrap orocessing yards
or concrete batch mixing olants) if storage is completely enclosed by a six-foot fence or wall
not less than 95 percent onacue.
(b) All outside storage Yards must also meet Section 110-566
Sec. 110-458 - Shopping centers and retail stores using outside display
(e) The area of outside display shall not exceed in size 10 percent or 2000 sf (whichever is
smaller) of the enclosed area of the principal structure.
(b) The outside display area shall be considered the same as the floor area for the purpose of
(c) Maintain minimum 5 foot sidewalk clearance for pedestrians
(d) No customer parking or fire lanes shall be used
(e) No additional signage
(t) All outdoor display must maintain a minimum 5 foot sidewalk clearance
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Ordinance No. XX -2016
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Sec. 110459 - Mini-warehouse/Personal property storage facilities.
Taal Storage buildings shall be subdivided by permanent partitions into spaces containing not
more than 300 square feet each.
fb) Storage of goods shall be limited to personal property with no retail sales. service
establishments offices apartments (other than manager's office and apartment),
commercial distribution or warehousing allowed.
(cj The minimum lot size shall be not less than two acres.
(d)
(e) Minimum yard requirements:
(i) Front -30 feet.
(f)
(ii) Side and rear—Zero feet if adjacent to a commercial district: 15 feet side yard and ten
feet rear yard if adiacent to residential district.
(i) A landscaped area of not less than 20 square feet for each linear foot of vehicular use
area (VUA) street frontage:
(ii) No less than one tree of four -inch caliper or greater, located within 25 feet of the
street right-of-way, for each 25 linear feet, or fraction thereof. of VUA street frontage.
Sec. 110-460 - Veterinary Hospital
(aa) The portion of the building used for ovemight boarding shall be completely soundproof.
Ebb) The building shall be located on an individual and separate lo[ provided all vards area,
frontage and other requirements of the Code are met for each structure within the zoning
district of which it is a part.
(pc) Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m. to
6:00 a.m.
(d) A Veterinary Hospital may be a part of any development when the same meets the
following criteria:
(i) The facility shall be heated and cooled by a unit separate from such unit for the rest of
the development.
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Ordinance No. XX — 2016
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(ii) The facility shall be serviced by a water supply separated from the main water supply
by a backflow preventer or air gap.
(iii) The facility shall be soundproofed from the rest of the development.
fiv) The facility shall have its own independent exterior entrance exclusive from any
common entrances.
Sec. 110461 - Carwash
(a) Washing facilities must be within a structure with a roof.
(b) The vacuums blowers and similar devices may be outside the building but may not be
located within 150 feet from a residentially -zoned property unless properly soundproofed
and/or regulated by hours of operation.
Sec. 110-462 — Single-family residential second kitchen facility.
A second kitchen facility may be incorpomted into a single-family residence provided the
second kitchen meets the following[ conditions:
water.
(ee) The single family dwelling unit shall continue to be utilized by no more than one family
as defined under this section.
Sec. 110-463-466. Reserved.
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Ordinance No. XX— 2016
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See. 110488. - Assisted living facilities.
Assisted living facilities may only be permittedby-speeie4_� in the R-3, and C-1 and
C_2 zoning districts subject to the following
minimum requirements:
(a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent
residential lot lines shall be a minimum of 50 feet.
(b) Minimum lot area shall be five acres.
(c) Each assisted living facility unit shall contain minimum living area of 400 square feet
for single bed units and 700 square feet for double bed units.
(d) Loading docks and dumpster areas shall conform to the following:
(1) Loading docks and dumpster areas shall be directed away from any residential
development adjacent to the assisted living facility.
(2) Dumpsters shall be visually screened from public view from an adjacent public
right-of-way or residential development by fully enclosed screening that is a
minimum of six feet in height, measured above finished grade.
(3) Each enclosure shall include a decorative opaque gate that is a minimum of six feet
in height, measured above finished grade.
(4) Each dumpster enclosure shall be constructed as one of the following:
(A) A masonry wall at a minimum of six feet in height, measured from finished
grade. The masonry wall shall be decoratively finished concrete masonry unit,
brick, stucco, pre -cast panels, split -face block or other material matching the
exterior of the principal building.
(B) A combination of fencing and landscape buffer. Fencing shall be fabricated
from aluminum, wrought iron, vinyl, brick, or other approved materials. The
landscape buffer shall be a minimum of five feet in width, a minimum of three
feet in height, 50 percent opaque at planting and capable of attaining a height
of six feet and 75 percent opaqueness within 24 months.
(5) The dumpster shall be located so as to facilitate pickup by solid waste collection
agencies.
(6) The dumpster enclosure shall not be placed in drainage flow areas.
(7) Adequate reinforced paved areas shall be provided for the dumpster and their
approaches for loading and unloading.
(8) No part of a dumpster or materials stored within the screen area shall extend above
the dumpster enclosure.
(9) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited
as part of a dumpster enclosure.
Sec. 110-556. - Vehicle rental facility.
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Ordinance No. XX — 2016
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(a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial
establishments where motor vehicles are kept and maintained for lease, where such vehicles
are dropped off or picked up and when customers complete all transactions necessary for
the short term lease of such vehicle.
(b) Limitations on vehicle rental facilities. Subsequent to 44"ah ^' , � 0003Vehicle rental
facilities may only be permitted b -- - " 1 and G 1 wing diatficts in the
M-1 zoning, district subject to the geneml eanditiBiis fbf speeial meeptions and the
following minimum requirements:
(I) k vehieIe Fental feeility shall net be loomed within one thiFd of a mile ffem an existing
measuFaments of distanees shall be along a straight line firom the elesest liFelienybOURdaFy
Of the 03kiStifig Use t6 the el@90St PF@PeFt)rb0HndftI�' of the pfeliesed use;
(21)Minimum lot area for facilities shall be 12,000 square feet. however 2 or more facilities
may be situated on a minimum of 1 acre;
(.32) Minimum lot width for facilities shall be 100 feet;
(43)That a continuous, densely planted, greenbelt of not less than 15 feet in width,
penetrated only at points approved during site plan approval, for ingress and egress to
the property, shall be provided along all property lines abutting public rights-of-way or
properties zoned residential. Said greenbelt shall be in conformance with the
requirements of section 110-566 et seq. of the City Code, as may be amended from time
to time. Where a wall or fence is to be used as screening, as may be provided within this
Code, the greenbelt will be located between the property line and the wall or fence such
that greenbelt is adjacent to the bordering property;
(34) Outside areas where the motor vehicles are to be displayed or stored shall be paved and
striped in accordance with the city's off-street parking regulations;
(65)AII ingress and egress points to abutting streets shall be marked clearly and placed not
closer than 150 feet apart on the same street and shall not be placed so as to endanger
pedestrian traffic;
(46) Servicing or repair of vehicles is prohibited except within a fully enclosed structure;
(97) All outdoor paging or speaker systems are expressly prohibited; and
(98) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily.
a•+
Section 3. Reveal 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.
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Ordinance No. XX— 2016
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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
.2016.
Bob Hong, Mayor
ATTEST: For Against
John Bond
MIA GOFORTH, Mike Brown
City Clerk
Robert Hoog
Brendan McMillin
Betty Walsh
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. XX — 2016
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