Loading...
HomeMy WebLinkAboutAgenda Packet 07-19-2016THE SPACE BETWEEN SUN + SEA CAPE CANAVERAL CITY COUNCIL MEETING AGENDA INSTRUCTIONS This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/ Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the City Council takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council tobe an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 minutes to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 19, 2016 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: 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 fmal official action by the City Council 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 City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS: 6:15 p.m. 6:20 p.m. Presentation to the City of Cape Canaveral in recognition of its commitment to professional management as a Council-Manager form of government for more than fifty(50)years,by St. Lucie County Administrator Howard N. Tipton, the Florida City and County Management Association (FCCMA) and the International City/County Management Association(ICMA). Interview Applicant for appointment to the Library Board(Lawrence Holmes). CONSENT AGENDA: 6:15 p.m. 6:20 p.m. 1. Approve Minutes for Regular City Council Meeting of June 21, 2016. 2. Resolution No. 2016-11; appointing a Member to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Lawrence Holmes) 3. Resolution No. 2016-13; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. City of Cape Canaveral, Florida City Council Meeting July 19, 2016 Page 2 of 2 PUBLIC HEARING: 6:20 p.m. 6:30 p.m. 4. Ordinance No. 02-2016; amending Chapter 110 Zoning, changing the list of permitted uses in the R-1, R-2, R-3, C-1, C-2 and M-1 zoning districts;creating definitions for car washes, veterinary clinics, veterinary hospitals, automotive maintenance facilities and convenience 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, second reading. ITEM FOR ACTION: 6:30p.m. 6:40p.m. 5. Mr. Charles Pindziak, 112 E. Central Boulevard, has requested time to address the City Council regarding a sign located at 6099 N. Atlantic Boulevard. REPORTS: 6:40 p.m. 7:00 p.m. ADJOURNMENT: 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 City Council 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 City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. • City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/19/2016 <IT PRESENTATIONS/INTERVIEWS Subject: Presentation to the City of Cape Canaveral in recognition of its commitment to professional management as a Council-Manager form of government for more than fifty (50) years, by St. Lucie County Administrator Howard N. Tipton, the Florida City and County Management Association (FCCMA) and the International City/County Management Association (ICMA). Department: Administrative Services Summary: The City of Cape Canaveral was incorporated May 16, 1963 with the following Preamble included in the City Charter: `We the people of the City of Cape Canaveral, under the constitution and laws of the State of Florida, in order to secure the benefits of local self- government and to provide for an honest and accountable council-manager government, do hereby adopt this Charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation." The FCCMA is a professional organization of practicing public administrators from throughout Florida local governments. The Association was chartered in 1946 as a non-profit corporation to elevate professionalism among the State's 478 cities and counties,and to promote the council- manager form of government as the form that advances the highest ethical and professional standards. ICMA advances professional local government worldwide. The organization's mission is to create excellence in local governance by developing and fostering professional management to build better communities. Having celebrated its 50th Anniversary in 2013, the City is now being recognized for fifty plus years of appointing professionals and having a professional manager(and team)help realize and execute the Council's vision. Tonight's presentation is an effort through the FCCMA to raise awareness of the profession and those cities and counties that are such strong examples of professionally-run municipalities; and to bring attention to the City's 50 Year Anniversary of its ICMA recognition. St. Lucie County Administrator Howard N. Tipton requested this presentation take place during a Cape Canaveral C 'ouncil Meeting. / Submitting Department Director: Mia Goforth Date: 7/7// Attachment: None Financial Impact: Staff time to prepare Agenda item. Reviewed by Administrative/Financial g/614 Services Director: John DeLeo Date:The City Manager recommends that City Council ti a the following actio Accept Presentation. Approved by City Manager: David L. Greeneel,v Date: 7/7 id , ` City of Cape Canaveral '' '• City Council Agenda Form City Council Meeting Date: 7/19/2016 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Library Board (Lawrence Holmes). Department: Library/ Culture& Leisure Services Summary: On May 12, 2016, the Library Board unanimously approved Mr. Lawrence Holmes to fill a vacancy. Mr. Holmes is a retired Naval Officer and current commercial Pilot who has lived in Cape Canaveral since 2011. His Application (Attachment 1)indicates that he has a deep passion for libraries and a great understanding of management theory. Mr. Holmes grew up in Brevard County and chose to return to the area after 22 years of service. Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Mr. Holmes' interview and interest in the City of Cape Canaveral Library Board, the Board recommends he be appointed by the City Council (Attachment 2). Submitting Department Director: Gustavo Vergara Date: 10//6 Attachments: 1 —Board Application 2—Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. 1, ----) , Reviewed by Administrative/Financial ' 1. y 7/7i) 1r Services Director: John DeLeo ' ; Date: ' The City Manager recommends that City Council t ke the following action. Interview Applicant Lawrence Holmes. Approved by City Manager: David L. Greene Date: 717 // Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application.City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. RECEIVED DEC 12 2013 MG Admin Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Lawrence Holmes (Larry) 2161 2. Home Address: 266 Polk Ave Cape Canaveral FL 3. Home and Cellular Telephone: 321-613-3236 4. Occupation: Pilot Airtran Airways 5. Business Telephone: 1-800-247-8726 6. Business Address: 2702 LOVEFIEND DRIVE DALLAS TEXAS 7523 7. E-Mail: Lnjsholmes@aol.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being LA appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s)of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: All my life I have loved books, reading, and libraries. Spent many hours studying and research these. 2. In numerical sequence (1 = most interested), please rank which a visory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. x Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in, serving on any governmental board or committee: Commanding officer of fleet air recon squadron 2 one of the largest squadrons in the navy. 4. Please list any specialized skills and training (e.g., architect, engineer,general contractor, etc.) thaf you feel help to qualify you for membership on the desired board or committee. Masters in management Troy State UN, Masters Strategic Studies from Naval War College. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American X Male Asian-American Female X Hispanic-American Not Known Native-American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: Lawrence Holmes (Larry) Date: 12/11/13 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 12/12/13 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 CITY OF CAPE CANAVERAL Culture &Leisure Services Memo TO: Cape Canaveral City Council VIA: David L.Greene,City Manager FROM: Gustavo Vergara,Culture&Leisure Services Director DA FE: May 12,2016 RE: Recommendation to the City Council Regarding Prospective Library Board Member Lawrence Holmes At the May 12,2016 Library Board meeting,the Board approved Mr.Lawrence Holmes to fill a current vacancy. By a vote of 6-0,the Board recommended Mr.Lawrence for appointment. 1 Item #1 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY June 17,2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Council Member Brendan McMillin led the pledge of allegiance. ROLL CALL: Alb Council Members Present: Council Member John Bond Council Member Mike Brown Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Capital Projects Director Jeff Ratliff Public Works Serv. Interim Dir./Community Engagement Dir. Joshua Surprenant Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Brevard County Sheriffs Office Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Human Resources Director Jane Ross Deputy City Clerk Daniel LeFever PUBLIC PARTICIPATION: Shannon Roberts inquired if the City testified in support of the Florida Power and Light rate hike at a Public Utilities Commission Meeting. Mayor Bob Hoog responded that he attended the meeting, spoke in favor of the hike as an electrical contractor;he was introduced as Mayor.Ms. Roberts voiced her concern and suggested sending a correction to the paper. Ms. Roberts inquired about the New City Hall's close proximity to AlA. City Manager David Greene responded the building meets the setback requirement, explained the rationale behind its placement from a planning point of view and how the City wanted to create more visibility along AlA which will help businesses. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 2 of 6 Ms. Roberts mentioned the tragic loss of life in Orlando,the vigil in Melbourne at the Eau Gallie Arts District, the City weighing in on human rights and possibly sending a member from Business and Economic Development Board as a representative to have the City's presence felt at some of the LGBT events. City Manager Greene spoke on how the City modified the Vision Statement to include the word"inclusive",how the message"We Stand With Orlando"was placed on the City sign telling the world where the City stands and a rainbow was placed on the City's social media sites, making a quiet, solemn statement as a community. CONSENT AGENDA: Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion; Council Member Mike Brown removed item number two. 1. Approve Minutes for Regular City Council Meeting of May 17, 2016. 2. Resolution No. 2016-08; declaring the private road, Cherie Down Lane, abandoned by the owners of record and a public nuisance due to abandonment and lack of regular maintenance and repair; declaring the City's intent to regularly maintain and repair Cherie Down Lane subsequent to the effective date of this Resolution pursuant to Section 95.361, Florida Statutes; providing that any person, corporation or entity claiming an interest in Cherie Down Lane may file a claim in equity or with a court of law against the City to cause a cessation of the maintenance and occupation of Cherie Down Lane authorized by this Resolution; providing that after seven (7) years from the effective date of this Resolution, all rights, title, easement and appurtenances in and to Cherie Down Lane shall be vested in the City of Cape Canaveral by operation of law; providing that after seven (7) years the City shall cause a map to be filed with the Clerk of the Brevard County Circuit Court vesting title of Cherie Down Lane in the City of Cape Canaveral; providing for the recording of this Resolution in the Official Records of Brevard County in order to provide Public Notice of the City's declaration and intent expressed in this Resolution; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 3. Resolution No. 2016-09; supporting the Initiative of the Space Coast and Treasure Coast Regional League of Cities `Indian River Lagoon Regional Compact; One Lagoon - One Community - One Voice'; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 4. Resolution No. 2016-10; authorizing a sixty (60) day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolution No. 2016-03; providing for repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve Work Squad Contract W1082 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of$57,497 and authorize the City Manager to execute the same. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 3 of 6 6. Award Contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to EXTREMERADS, LLC DBA Xstream Car Wash and Creamery(Xstream)and authorize City Manager to execute agreement for same. 7. Award the Bid for construction of the Canaveral City Park Ex-filtration Project to Villages Construction, Inc., in the amount of$1,671,030 and authorize the City Manager to execute the Construction Agreement for same. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve the Consent Agenda Items 1 and 3 through 7. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. #2 Council Member Brown inquired why the City is taking over this road when there are other roads in the City that are in need of repair. Mayor Hoog responded that City Manager Greene would explain the reasoning behind the action. City Manager Greene provided details regarding the two homeowners associations that created the private road, were responsible for its maintenance, establishing assessments and the fact the associations no longer exist; the road being a major access point off of Ridgewood Avenue and the elementary school; Cherie Down Lane's status as part of the Community Redevelopment Area; the residents are paying property taxes yet no one is taking responsibility for the road,the City is the only party willing to step in and maintain it; the judicial system requires the City to maintain the road for seven years before taking it over and no party is available nor willing to deed or dedicate the road over to the City; and should any eligible party decide they want to own or operate the road or reactivate the homeowner associations, then the City would be made whole financially. City Manager Greene stated a complete draft plan has been prepared to upgrade all roads in the City, based upon need and lifecycle; at the moment, it does not require any property tax increase to fund the upgrades. Discussion ensued and included other roads in need of repair. A motion was made by Council Member Bond, seconded by Council Member McMillin, to approve Item No. 2. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 8. Ordinance No. 02-2016; amending Chapter 110 Zoning, changing the list of permitted uses in the R-1, R-2, R-3, C-1, C-2 and M-1 zoning districts; creating definitions for car washes, veterinary clinics, veterinary hospitals, automotive maintenance facilities and convenience 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, first reading: Attorney Garganese read the Ordinance title into the record. Community Development Director Dickey pointed out an error on page 10 of 22 of the Ordinance, paragraph 16 as language for a bar that should fall under special exceptions rather than permitted uses and should be removed. He stated Staff will ensure the Ordinance is corrected before second reading. Discussion ensued and included: how items listed as special exceptions demand additional public City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 4 of 6 input and scrutiny; further changes to be made regarding recycling and reuse of car wash water and visibility issues with enclosed structures versus fencing; water savings and reduction of pollutants using a car wash recycle system and addressing the issue through agreements with businesses or in the City Code. City Manager Greene described how a target for businesses to hit, with regard to a recycled water system, could be placed in the Code and how Staff understands the City Council concerns regarding environmental issues; Staff will come back to Council with the language in the Ordinance explained in the Agenda coversheet with a recommendation. The Public Hearing was opened. Shannon Roberts voiced her support of Council Member McMillin's idea regarding carwash water recycling and reuse systems;she inquired as to whether there is specificity regarding distances between businesses categorized as special exceptions. City Manager Greene responded that for car washes, there is no stipulation and the bulk of the special exception businesses are only in the M-1 district; he confirmed her question that this would come up as part of the vetting process. The Public Hearing was closed. City Manager Greene suggested the consensus of the City Council could be to proceed with implementing the discussed changes as part of the Ordinance; the City Council agreed. A motion was made by Council Member McMillin, seconded by Council Member Brown, to pass Ordinance No. 02-2016 on first reading. The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine an appropriate response to the provisions detailed in Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene.: Discussion ensued and included: capital projects in the City funded by grants, the amazing things the City has done with City Manager Greene's guidance and the Staff he has hired, the City's property taxes remain among the lowest in Brevard County with no long-term debt, how the City Council evaluates the City Manager's performance every year and how City Manager Greene is a very strong performer; rankings, compensation and how the City budgets three percent raises for all Staff; bonus versus raise and City Manager compensation throughout Brevard County. A motion was made by Council Member Bond, seconded by Council Member McMillin, to adjust the City Manager salary by three percent per annum. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. 10. City Council designate one (1) City Official to be the Voting Delegate at the 90th Annual Florida League of Cities Conference scheduled for August 18-20, 2016 — Diplomat Resort, Hollywood,Florida and decide if it wishes to propose resolution(s)for the League's consideration.: Discussion ensued and included: which member of Council should be the Voting Delegate and how the choice was made in the past, items the Delegate will be voting on and how the City and Council benefit from information received at the Conference. Council reached consensus to designate Council Member Brown. A motion was made by Council Member McMillin, seconded by Council Member Bond, for Council Member Brown to be the voting delegate. The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member Brown,For; Mayor Hoog,For; Council Member McMillin,For and Mayor Pro Tem Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 5 of 6 REPORTS: City Attorney Garganese — commented he and his family are now part-time residents of the City as of the end of May and very happy. City Manager Greene—thanked the City Council for the salary increase. Mayor Pro Tem Walsh—mentioned the many comments on social media regarding the roadwork on the south section of Al A;residents assume the City is putting up these cones when in fact it is a Florida City Gas project. Discussion ensued regarding the project. Council Member Bond—spoke about his membership on the Space Coast League of Cities Science Committee and efforts being made toward helping with the lagoon clean-up. He suggested getting a trapper in the City to relocate a coyote. Discussion ensued and included: research on environmental effects of trapping coyotes and relocation issues, educating the public not to attract them or other animals and ways to scare off coyotes. City Manager Greene stated Florida Fish and Wildlife will provide handouts and Staff will get the community engaged on this issue. Council Member Brown—announced there will be four televised forums around Brevard County for candidates running in November; he will get more information on the dates/locations. He mentioned the only office in Brevard County not being represented at the forums will be the Clerk of Court. Council Member McMillin—spoke on his experience at the Indian River Lagoon Natural Estuary Program Summit and progress made; there will be another Summit in six months rather than two years, with the possibility of pooling resources with all fifty-five communities on the Lagoon; he expressed his thoughts for all of the people in Orlando. Mayor Hoog — spoke about meeting at Patrick Air Force Base with Brigadier General Wayne Monteith who would like to be more involved with the communities; he attended the Palm Bay Area Chamber of Commerce Mayors Breakfast and discussed City issues including what can be done to help each other, the big topic being the Indian River Lagoon; attended Community Outreach event at Port Canaveral hosted by Florida Inland Navigation District; visited the HMS Mersey from England at Port Canaveral for a tour with other elected officials; he stated that he went to the Public Utilities Commission on his own, as Robert Hoog, citizen and electrical contractor, and explained his support for Florida Power and Light. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:15 P.M. (Signature page follows) City of Cape Canaveral, Florida City Council Regular Meeting June 21, 2016 Page 6 of 6 Mia Goforth, City Clerk Bob Hoog, Mayor -Art ,4''� '> City of Cape Canaveral < City Council Agenda Form -is _ City Council Meeting Date: 7/19/2016 ®® Item No. 2 Subject: Resolution No. 2016-11; appointing a Member to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Lawrence Holmes) Department: Administrative Services Summary: After having conducted an interview at tonight's Council Meeting of Library Board Applicant Lawrence Holmes, it is now incumbent upon the City Council to adopt Resolution No. 2016-11, simultaneously appointing Mr. Holmes to the Library Board to fill a vacancy expiring October 1, 2016 and begin a term of appointment to last until October 1, 2019. The appointment will begin the Member's first (3) three-year term allowed under the limits referenced in the City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretjon appoint an individual to serve the remaining portion of the unexpired term. Submitting Department Director: Mia Goforth Date: 7� /' Attachment: Resolution No. 2016-11 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial �) 17/5//() Services Director: John DeLeo Date: The City Manager recommends that City Council t e the following ac : Adopt Resolution No. 2016-11. Approved by City Manager: David L. Greene Q`v'Y Date: 7/7/aL RESOLUTION NO. 2016-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Cape Canaveral, Florida has by Section 46-26, Cape Canaveral City Code, established a board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to the Library Board pursuant to Section 2-171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual: Lawrence Holmes shall be appointed to the Library Board for a term which expires October 1, 2016; and for a term to expire on October 1, 2019. Following completion of their initial term, the appointee shall be eligible for reappointment to the Library Board for an additional term consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Signature/Adoption page follows) City of Cape Canaveral Resolution No. 2016-11 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of July, 2016. Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, Mike Brown City Clerk Bob 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 Resolution No. 2016-11 Page 2 of 2 E "°•• City of Cape Canaveral IV;/ City Council Agenda Form %so, City Council Meeting Date: 07/19/2016 Item No. 3 Subject: Resolution No. 2016-13; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Tentative Proposed Millage of 3.5432 mills for FY 2016/17, which represents the same rate as the previous year. This Millage includes two segments: General Government Millage 3.4797 mills Library Dependent Special District 0.0635 mills Per "Truth in Millage Compliance", the highest intended millage rate must be proposed at this meeting and Ad Valorem Tax Rates can be lowered from the initial rate proposed. However, the tax rate cannot be increased after this meeting. There will be two more meetings concerning the Ad Valorem Tax rate to be implemented for the City's Fiscal Year 2016/17. They are as follows: 1. September 6, 2016: a Tentative Millage rate will be established. 2. September 20, 2016: a Final Millage rate wi 1 be established. Submitting Department Director: John DeLeo Date: 7-6-16 Attachment: Resolution No. 2016-13 1' Financial Impact: The proposed millage rate of 3.5432 provides a property tax revenue stream of $3,571,892. These revenues are represented in the Proposed FY 2016/17 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial i Services Director: John DeLeo Date: 7/7// The City Manager recommends that City Council tatke the following action: Adopt Resolution No. 2016-13. \v Approved by City Manager: David L. Greene 0 - Date: 7/ ?pi RESOLUTION NO. 2016-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2016/2017 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.5432 mills on the dollar of taxable value for the 2016/2017 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents the same rate for the previous year. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 3.4797 mills for General Government Millage. This tentative proposed Ad Valorem Tax shall be levied upon the 2016 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2016 and ending September 30, 2017. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0635 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax shall be levied upon the 2016 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2016 and ending September 30, 2017. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 19th day of July, 2016. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth John Bond City Clerk Mike Brown Bob Hoog Brendan McMillin Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No. 2016-13 Page 2 City of Cape Canaveral 17 r . City Council Agenda Form City Council Meeting Date: 7/19/2016 Item No. 4 Subject: Ordinance No. 02-2016; amending Chapter 110 Zoning, changing the list of permitted uses in the R-1,R-2, R-3, C-1, C-2 and M-1 zoning districts; creating definitions for car washes, veterinary clinics, veterinary hospitals, automotive maintenance facilities and convenience 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, second reading. Department: Community Development Summary: The City is approximately 93 percent developed. The majority of future growth and construction activity will include a redevelopment component. Redevelopment can often be more challenging than new construction and, therefore, a greater level of regulatory flexibility is needed. The City has taken the important first step of establishing an environment conducive to redevelopment, including the creation and recent expansion of the AlA Economic Opportunity Overlay District, establishing a Brownfield District and the Community Redevelopment Areas. In addition, a number of strategic revisions to the Code of Ordinances, to include the streamlining of development approvals, have been completed over the past few years. In an effort to remain competitive and transform how the City does business, an ordinance revision is proposed that will largely replace the current special exception process with one that is more predictable and streamlined. Many uses that are currently processed as a special exception are proposed to become permitted uses in the various zoning districts. To ensure compatibility with adjacent uses, a number of the newly created permitted uses will be required to meet use-specific development standards as well as development standards including buffering, lighting, noise and landscaping standards that are currently contained within the City Code. Certain uses will continue to be processed through the special exception process. Due to their nature, these uses require a heightened level of public scrutiny and involvement. These include pain management clinics, medical marijuana treatment centers, establishments that serve alcoholic beverages on-site (bars) and automotive service stations. Several new policy initiatives are also included in the proposed ordinance. New vehicle rental facilities, which are currently allowed in the C-1 and C-2 districts (through a special exception), will be a permitted use in the M-1 zoning district. Existing locations will become non- conforming and will not be allowed to relocate or expand. New facilities shall be a minimum of 12,000 square feet and any two facilities shall be located on a minimum of 1 acre. A new definition for "veterinary clinic" and "veterinary hospital" is also included. The distinction is made as a hospital can include the boarding of animals and, as a result, will require more restrictive locational criteria. The ordinance also establishes a new definition for an"automotive maintenance facility"and an "automotive repair facility." An automotive maintenance facility will allow minor repairs, oil changes and tire installation and are allowed in the C-1, C-2 and M-1 districts. An automotive City Council Meeting Date: 07/19/2016 Item No. 4 Page 2 of 3 maintenance facility does not allow the sale of gasoline. An "automotive repair facility" is allowed in the M-1 zoning district. This use includes major repairs such as auto body work, welding, transmission repair/replacement and engine repair/replacement. This use does not allow gasoline sales. The following list is indicative of the uses that will now be permitted in the various zoning districts of the City. These include: • Public/semipublic parks, playgrounds, playfields and recreation facilities without lighting (R-1/R-2/R-3). • Churches and other places of worship (R-2/R-3). • Public and nonprofit private schools, public libraries (R-2/R-3). • Public safety structures (fire substations) (R-2/R-3). • Child care facilities that are located in a multifamily complex (R-2). • Assisted living facilities (R-3/C-1/C-2). • Automotive maintenance facilities (C-1/C-2/M-1). • Automotive repair facility (M-1). In recognition of an aging population and their unique needs, the ordinance also allows the establishment of a second kitchen facility in a single-family home. The intent is to allow for a family member to establish living quarters inside the home of an aging relative for the purpose of providing for the homeowner's daily needs. Standards are proposed to maintain the single- family nature of the structure to include: • The second kitchen facility and the area or quarters it serves shall be integrated architecturally, both internally and externally, with the single-family residence. Externally, the structure shall have the appearance of one residence. Internally, there shall be direct access to the kitchen facility and its area from the living area or quarters of the single-family residence. • The area or quarters to be served by the kitchen facility shall not exceed 600 square feet, excluding the kitchen facility and bath area. • A floor plan of the entire single-family residence, including the additional kitchen facility, shall be submitted to the Building Department in order to illustrate compliance with these conditions,and the floor plan shall be binding upon all future construction plans in regard to the single-family residence. • No portion of the single-family dwelling unit shall be utilized for rental purposes, and the single-family dwelling unit shall be served by one meter for electric and one meter for water. • The single family dwelling unit shall continue to be utilized by no more than one family as defined under this section. On February 24, 2016 and May 25, 2016, the Planning and Zoning Board (Board) held workshops where the proposed revisions were discussed. On June 8, 2016, at the conclusion of a duly noticed public hearing, the Board unanimously recommended approval of the proposed ordinance. City Council Meeting Date: 07/19/2016 Item No. 4 Page 3 of 3 At its June 21,2016 meeting,the City Council approved the proposed ordinance on first reading. The approval included several revisions (shown as highlighted text) to the ordinance to include: • Section 110-461 has been revised to include minimum recycling requirements for all new car wash facilities. Staff contacted Florida Department of Environmental Protection (DEP) to determine what, if any, standards the State of Florida enforces. DEP staff indicated that the State does not require recycling of wash water and, if required, will need to be a local initiative. Staff has revised the language to include a minimum of 50 percent of wash water be recycled in new facilities. Additionally, the permit application process will require that a water recycling plan be reviewed/approved by the City's Development Review Committee. • Section 110-381 has been revised to clarify that restaurants (as defined by Code) are allowed in C-1 and C-2 zoning districts. However, eating establishments that include the manufacturing/processing of bakery/deli related goods are only allowed in the C-2 zoning district. • Section 110-381(18)d has been revised to restrict the storage of junk or wrecked vehicles in an enclosed structure in the C-2 zoning district. • As currently provided in the City's existing Code, "public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located" shall remain a special exception use within all zoning districts,except that the use will now be permitted in the M-1 industrial zoning district. A Notice of Hearing was published in the Florida Today newspaper on June 30, 2016. Submitting Director: David Dickey �� Date: '\� 19 Attachment: Ordinance No. 02-2016 Financial Impact: Staff time and effort to prepare this Agenda Item. / Reviewed by Administrative/Financial7/1//1/)(0 Services Director: John DeLeo Date: The City Manager recommends that City Cognjcil take the following action: Approve Ordinance No. 02-2016, second reading. Approved by City Manager: David L. Greene E2`tri Date: 7////1,4 ORDINANCE NO. 02-2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; AMENDING CHAPTER 110 ZONING, CHANGING THE LIST OF PERMITTED USES IN THE R-1, R-2, R-3, C-1, C-2 AND M-1 ZONING DISTRICTS; CREATING DEFINITIONS FOR CAR WASHES, VETERINARY CLINICS, VETERINARY HOSPITALS, AUTOMOTIVE MAINTENANCE FACILITIES AND CONVENIENCE 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 8, 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 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 City of Cape Canaveral Ordinance No.02—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 maintenance facility means a facility in the business of conducting minor repairs and servicing to motor vehicles which produces relatively low levels of noise, vibration and fumes, but which shall not include the sale of gasoline. More specifically, the following types of repairs and services to motor vehicles may be offered: air conditioning repairs, starting and charging service; brake repair and replacement; engine oil changes, fluids replacement; exhaust system repair and replacement; automotive electrical work other than audio sound system installation; shock absorber, spring, and strut replacement; upholstery work; tire balancing, tire installation; wheel alignment; windshield and glass installation; tune-ups, diagnostics; spark plug replacement, emission control service; and other repairs of a similar nature with respect to impacts on nearby properties. Automotive repair• acili 4 means a facility in the business of conducting major repairs to motor vehicles that produce relatively high levels of noise, vibration and fumes, but which shall not include the sale of gasoline. More specifically, the following types of repairs to motor vehicles may be offered: audio sound system installation; auto body customizing; sun roof installation; auto body sheet metal, fiberglass or plastic repair, replacement, prepping or painting; auto body or frame media blasting; chassis and frame cleaning, fabrication, straightening or welding; transmission repair and replacement; any other types of similar automotive work not included in the definition of"automotive maintenance facility". includes all mechanical engine overhaul or repair and bodywork and painting of automotive vehicles. *** Car wash means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services. *** Service station Convenience store (with or without the sale of gasoline at fueling stations) means a small store that stocks a range of everyday items such as groceries, snack foods, candy, toiletries, soft drinks, tobacco products, and newspapers. This type of facility may or may not include the sale of gasoline at fueling stations. A convenience store with the sale of gasoline at fueling stations may also be referred to as a "service station" or "automotive service station." a building City of Cape Canaveral Ordinance No.02—2016 Page 2 of 22 and premises where petroleum products are supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this chapter. *** 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. *** ARTICLE VII.—DISTRICTS DIVISION 2.-R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-272. -Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: c1) Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. c2) Public and semipublic parks, playgrounds, playfields, and recreation facilities without lighting. Sec. 110-274. - Special exceptions permissible by board of adjustment. In the R-1 low density residential district, the following special exceptions shall be permitted by the board of adjustment: (1) . - -- .. . • .. , . . . - . , . . - . (2) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. *** DIVISION 3.-R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT *** City of Cape Canaveral Ordinance No.02—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. The 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. (5) Public and nonprofit private schools with conventional curriculums; public libraries. Churches and other places of worship; parish houses. (7) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (8) Public and semipublic parks, playgrounds, playfields and recreation facilities. c2)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 age-restricted community; b. There shall be an adequate dropoff 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 pickup area, parking, play area and adjacent buildings. f. 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 care home" as defined by Florida law. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre. Sec. 110-294.— Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (2)Public and nonprofit private schools with conventional curriculums;public libraries. (3)Churches and other places of worship;parish houses. City of Cape Canaveral Ordinance No.02—2016 Page 4 of 22 and the like. (5)Public and semipublic parks,playgrounds, playfields and recreation facilities. (6)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 age restricted community; b.There shall be an adequate dropoff 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. c.Each application for a special exception under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building, dropoff f.Adequate lighting in the pickup and dropoff area shall be provided. For purposes of this subsection, the term "child care facility" shall not include a "family day care home," as defined by Florida law. 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. fThe principal uses and structures permitted 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. (5) Public and nonprofit private schools with conventional curriculums;public libraries. (6) Churches and other places of worship; parish houses. Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (8) Public and semipublic parks,playgrounds,playfields and recreation facilities. (9) Assisted living facilities, subject to the requirements of section 110-488. City of Cape Canaveral Ordinance No. 02—2016 Page 5 of 22 Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre. Sec. 110-314.— Special exceptions permissible by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (2)Public and nonprofit private schools with conventional curriculums;public libraries. (3)Churches and other places of worship;parish houses. the like. (5)Public and semipublic parks,playgrounds,playficlds and recreation facilities. 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. (5) Restaurants. Eating establishments. (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or dental clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. (9) Banks and financial institutions. City of Cape Canaveral Ordinance No.02—2016 Page 6 of 22 (10) Commercial recreation, such as driving ranges, bowling alleys and similar uses. (10) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks. (11) Repair service establishments, such as household appliances, radio and TV and similar uses, but not including automobile repairs. (12)Kindergartens and child care facilities. (13) Shopping centers and malls.Veterinary clinics. (14) Retail sale of beer and wine for off-premises consumption. (15) Public schools. (16) [Reserved.] Assisted living facilities, subject to the requirements of section 110-488. (17) Places in which goods are produced and sold at retail upon the premises. (18) Vocational and trade schools not involving operations of an industrial nature. (19) Car washes, 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) In the C 1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (e) Special exceptions may be permitted for the following: (1)Veterinary hospitals and clinics. (3)WAutomotive 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, 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 II, Division 4, City Code, and all other applicable provisions of the City Code. (1)Places in which goods are produced and sold at retail upon the premises. City of Cape Canaveral Ordinance No.02—2016 Page 7 of 22 (6)Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Also seesection 110 332. (7)Dry cleaning establishments using noninflammable solvents and cleaning fluids, as determined by the fire chief. . . - _ .._ . a.The area of outside display shall not exceed in size one third of the enclosed area of the principal structure. b.The outside display area shall be considered the same as the floor area for the (9)New and used automobiles, major recreational equipment and mobile home sales with a.All outside areas where merchandise is displayed shall be paved. c.All servicing and repair activities, except gasoline pumps shall be located in an enclosed structure. d.There shall be no storage of junked 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. c.Ingress and egress points shall not be placed so as to endanger pedestrian traffic. (10)Single family dwellings, two family dwellings, townhouses or multiple family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre and such dwellings shall not be permitted on property along the AlA Highway Corridor as depicted in exhibit "A," attached hereto and fully incorporated herein by this reference. Sec requirements in the R 2 district in division 3 of this article. (11)Reserved. (12)(2) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (13)Theatres, drive in theatres, photographic studios, bookstores and dance studios, (11I)Carwashes, including polishing, and sale of related materials. (15)Vehicle rental facility, as provided in section 110 556 of this Code. (16)Assisted living facilities, subject to the requirements of section 110 188. (17) (3) Pain management clinics, subject to the requirements of section 110-489 of this Code. City of Cape Canaveral Ordinance No. 02—2016 Page 8 of 22 (4)Medical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. (5) 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 8. - 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. Restaurants; Eating establishments that manufacture and process food to be consumed off site, such as 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 (excluding automobile repairs). 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 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 II, Division 4, City Code, and all other applicable provisions of the City Code. City of Cape Canaveral Ordinance No.02—2016 Page 9 of 22 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. k. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties,buttons and notions. m. 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 subject to section 110-171. 17. Retail stores using outside display areas subject to section 110-459. 18. New and used automobiles, major recreational equipment and mobile home sales with accessory services, subject 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. City of Cape Canaveral Ordinance No.02—2016 Page 10 of 22 d. There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed structure and not be visible from outside the property. e. 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. Car washes, including polishing, and sale of related materials. 21. Assisted living facilities, subject 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, subject 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. 24. Automotive maintenance facilities, but not automotive repair facilities. Sec. 110-383. - Special exceptions permissible by the board of adjustment. (a) - adjustment may permit special exceptions which arc compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b)The board of adjustment may adjust setbacks and provisions noted in article IX of this chapter as necessary and appropriate in granting special exceptions. (c-} Special exceptions may be permitted for the following: 1.Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 3.Radio and television studios. 5.Veterinary hospitals and clinics, subject to the provisions designated in division 5 of 6.Sales of new and used automobiles, major recreational equipment and mobile homes a. Outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed City of Cape Canaveral Ordinance No. 02—2016 Page 11 of 22 enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. c. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 7.Reserved. 8(1) Public utility equipment: Uses and rights-of-way essential to serve the neighborhood in which it is located. 9.Theaters, drive in theaters, photographic studios, bookstores and dance studios, unless 10. Carwashes, including polishing and sale of related materials. 11.Mini storage and storage warehouses. 12.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. 13.Vehicle rental facility, as provided in § 110 556 of this Code. 44 (2) Pain management clinics, subject to the requirements of section 110-489 of this Code. (3) Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. oj 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 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: (5) Paint and body shops. Automotive maintenance facilities. (6) Motor vehicle repair shops. Automotive repair facilities. City of Cape Canaveral Ordinance No. 02—2016 Page 12 of 22 *** (12) Convenience stores, including the sale of gasoline at fueling stations Automotive services stations, 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. 5. Restroom facilities. 6. Accessory fast food services without a drive-through. 7. Truck 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. i. 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. j. Automotive parts,new or used, shall not be stored outside. City of Cape Canaveral Ordinance No.02—2016 Page 13 of 22 k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. m. 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 on a single lot of at least one acre with at least two-hundred and seventy-five feet of single street frontage. (13) Outside storage, subject to section 110-566, where applicable. (14) Freight handling facilities; transportation terminals. (15) Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district. (16) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (17) 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 shopping 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. City of Cape Canaveral Ordinance No.02—2016 Page 14 of 22 (19) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (20)Permanent onsite security living facilities, subject 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. (21) Restaurants. (22) Public buildings and facilities. (23) Telecommunications towers, subject to the provisions of section 110-482. (24) Vehicle rental facilities, as provided in section 110-556 of this Code. (25) Vocational and trade schools not involving operations of an industrial nature. (26) Retail stores, sales and display rooms, subject to section 110-459. (27) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pick up stations, tailor shops, and similar uses. (28) 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. Sec. 110-354. - Special exceptions permissible by board of adjustment. (a) In the M 1 light industrial and research and development district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (b) The board of adjustment may adjust setbacks and provisions of section 110 566 as deemed necessary and appropriate in granting a special exception. $ Special exceptions may be granted for the following: (1)Outside storage, subject to section 110 566, where applicable. (2)Freight handling facilities; transportation terminals. C 1 district. (5)Veterinary hospitals and clinics, subject to the provisions designated in division 5 of (6)Recycling activities for the collection of nonhazardous materials, provided that all City of Cape Canaveral Ordinance No. 02—2016 Page 15 of 22 (7)Radio and TV studios. a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as yet forth in the building code adopted in section 82 31. (9)Public utility equipment; uses and rights of way essential to serve the neighborhood in which it is located. (10)Permanent security living facilities, subject 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. (11)Restaurants. (12)Public buildings. (13)Telecommunications towers, subject to the provisions of section 110 182. (1-14)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. (15) f21, Pain management clinics, subject to the requirements of section 110-489 of this Code. (6) (3) Medical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. zfil 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;. 8- TOWNHOUSES ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1.— GENERALLY City of Cape Canaveral Ordinance No. 02—2016 Page 16 of 22 Sec. 110-456. -Application of performance standards. Any use, building, structure or land developed, constructed or used for any permitted principal use or any use permissible as a special exception or any accessory use shall comply with all of the applicable performance standards set by federal, state and county regulations. t If any use or building or other structure is extended, enlarged or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged or reconstructed portion of such use, building or other structure. Sec. 110-457 - Outside Storage (a) Outdoor storage yards and lots including auto storage yards (but not scrap processing yards or concrete batch mixing plants) if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque. (b) All outside storage yards must also meet Section 110-566. Sec. 110-458 - Shopping centers and retail stores using outside display (g) The area of outside display shall not exceed in size 10 percent or 2,000 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 calculating offstreet parking, setbacks and lot coverage. Further, required offstreet parking, setbacks, lot coverage and landscaping shall not be diminished by the outside display area. (c) Maintain minimum 5 foot sidewalk clearance for pedestrians. (d) No customer parking or fire lanes shall be used. (e) No additional signage. (f) All outdoor display must maintain a minimum 5 foot sidewalk clearance. Sec. 110-459 -Mini-warehouse/Personal property storage facilities. Storage buildings shall be subdivided by permanent partitions into spaces containing not more than 300 square feet each. fib,) 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. The minimum lot size shall be not less than two acres. (� If the facilities are lighted, lighting shall be 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. fg,) Minimum yard requirements: (i)Front-30 feet. (ii) Side and rear—Zero feet if adjacent to a commercial district; 15 feet side yard and ten feet rear yard if adjacent to residential district. City of Cape Canaveral Ordinance No.02—2016 Page 17 of 22 ff Perimeter landscaping adjacent to streets: All vehicular use areas (VUAs) which are not entirely screened by an intervening building from any abutting dedicated public street, to the extent such areas are not so screened, shall contain the following: (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 Laj The portion of the building used for overnight boarding shall be completely soundproof. The building shall be located on an individual and separate lot, provided all yards, area, frontage and other requirements of the Code are met for each structure within the zoning district of which it is a part. Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m. to 6:00 a.m. cd) 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. (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. (iv) The facility shall have its own independent exterior entrance exclusive from any common entrances. Sec. 110-461 - Car Wash (a) Car 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. (c) All car washes permitted and constructed within the City after July 19, 2016 shall install, utilize, and maintain a water recycling system, pursuant to a water recycling system plan approved by the City's Development Review Committee, which recycles and reuses at least fifty (50) percent of wash and rinse water. Failure to install, utilize, or maintain the water recycling system shall be a violation of this code. City of Cape Canaveral Ordinance No.02—2016 Page 18 of 22 Sec. 110-462— Single-family residential second kitchen facility. A second kitchen facility may be incorporated into a single-family residence, provided the second kitchen meets the following conditions: (a) The second kitchen facility and the area or quarters it serves shall be integrated architecturally, both internally and externally, with the single-family residence. Externally, the structure shall have the appearance of one residence. Internally, there shall be direct access to the kitchen facility and its area from the living area or quarters of the single-family residence. 02) The area or quarters to be served by the kitchen facility shall not exceed 600 square feet, excluding the kitchen facility and bath area. A floor plan of the entire single-family residence, including the additional kitchen facility, shall be submitted to the Building Department in order to illustrate compliance with these conditions, and the floor plan shall be binding upon all future construction plans in regard to the single-family residence. No portion of the single-family dwelling unit shall be utilized for rental purposes, and the single-family dwelling unit shall be served by one meter for electric and one meter for water. ( 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. (a) Any use, building, structure or land developed, constructed or used for any permitted principal use or any use permissible as a special exception or any accessory use shall comply with all of the performance standards set by federal, state and county regulations. (b) If any use or building or other structure is extended, enlarged or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged or reconstructed portion of such use, building or other structure. Sec. 110-488. -Assisted living facilities. Assisted living facilities may only be permitted by special exception in the R-3,affisl C-1 and C-2 zoning districts subject to the general conditions for special exceptions and 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: City of Cape Canaveral Ordinance No.02—2016 Page 19 of 22 (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. (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 where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Subsequent to March 1, 2003, vVehicle rental facilities may only be permitted . . '. - - ., : _• - • in the M-1 zoning district subject to the general conditions for special exceptions and the following minimum requirements: (1) A vehicle rental facility shall not be located within one third of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; pi)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; City of Cape Canaveral Ordinance No.02—2016 Page 20 of 22 (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; (54)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)All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (76)Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (g7)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. 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. City of Cape Canaveral Ordinance No.02—2016 Page 21 of 22 ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 19'' day of July, 2016. Bob Hoog,Mayor ATTEST: For Against John Bond Mia Goforth, City Clerk Mike Brown 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.02—2016 Page 22 of 22 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/19/2016 Item No. 5 Subject:Mr. Charles Pindziak, 112 E. Central Boulevard,has requested time to address the City Council regarding a sign located at 6099 N. Atlantic Boulevard. Department: Community Development Summary: In a letter recently sent to the City, Mr. Pindziak requests time to address the City Council with respect to a sign located at 6099 N. Atlantic Boulevard and an associated code enforcement action (Attachment 1 & 2). In his letter, Mr. Pindziak references an on-going code enforcement action related to a sign located at 6099 N. Atlantic Boulevard (Attachment 2). He also states that he is the mortgage holder on the property. Mr. Vincent Keenan, who is purchasing the property, recently caused an electronic sign be added to an existing pole sign without a City permit. The following is a timeline of the case: • 1/7/16 - Staff inspected the property and determined that the electronic sign was erected without a City permit. • 1/7/16 - Code Enforcement Case No. 2016-81 was established. • 1/25/16 - Art-Kraft submitted a drawing for the installation of the sign. • 1/29/16-plan review correction letter was issued to Art-Kraft sign requesting additional information. • 4/6/16 - Staff contacted Art-Kraft for an update on obtaining the needed permit. • 4/6/16 - Order to Appear issued for the April 21, 2016 Code Enforcement Board Meeting. • 4/21/16 - Code Board found the respondent in violation and provided thirty (30) days to comply by obtaining a permit for the sign. • 4/25/16 - Order Imposing Penalty on First Violation was issued. • 5/9/16 - Order to Appear issued for the May 19, 2016 Code Enforcement Board Meeting. • 5/19/16 - Code Board found the respondent in non-compliance and provided an additional sixty(60) days to comply by obtaining a permit for the sign. • 6/29/16 - Order to Appear issued for the July 21, 2016 Code Enforcement Board Meeting. • 7/11/16 - New application for a permit was submitted to Staff modifying the existing ground sign to comply with the City Code. Application is currently under review. Mr. Keenan has been very cooperative in bringing the sign into compliance and has voluntarily directed the sign contractor to lower the height of the sign to 20 feet (as required by the sign ordinance) as part of the pylon conversion. He has indicated he is not aware of the reasoning behind Mr. Pindziak's concern over the sign. To further understand Mr. Pindziak's request, Staff contacted him to discuss the nature of his concern. It was learned that in addition to the sign at 6099 N. Atlantic, he is concerned with the City Code requirement that all pole signs be converted to pylon signs by September 16, 2016. City Council Meeting Date: 07/19/2016 Item No. 5 Page 2 of 3 Between May and October of 2013, the City's Planning & Zoning Board held 4 public hearings to discuss the proposed revisions. On September 16, 2014, the City Council adopted a revised Sign Ordinance that required among other things: Any nonconforming pole sign existing on September 16,2014 and not terminated pursuant to any other provision of this section shall be permanently removed or modified into a pylon sign by September 16, 2016, by the installation of a non- corrosive decorative cover applied over and attached to the supporting pole(s) in accordance with industry standards of material and workmanship, except, however, pole signs located within the visibility triangle shall be permanently removed or relocated from the visibility triangle by said date in compliance with this chapter. As indicated above, the 2014 amendment required the conversion of pole signs to pylon signs by September 16, 2016. This is most easily accomplished by wrapping the existing structural support(pole)with a non-corrosive decorative cover(Attachment 3). The Council found that by so doing the aesthetics of the community would be improved as well as to revitalize interest in local businesses. To encourage the conversion of existing pole signs, the ordinance provides that the City Manager can waive sign permitting fees for any sign permit that is filed for purposes of eliminating or modifying a non-conforming sign. City Staff has been proactive in identifying and informing property owners with non-conforming pole signs of the approaching deadline. Beginning in December of 2015 through February of 2016, Staff contacted 62 owners of property with non-conforming signs. Staff has also included in a number of weekly updates information on this issue and the need to convert pole signs to pylon signs. In addition, a FAQ was placed on the City website in 2014 describing the changes made to the sign code. Please note that the amendment to the City sign ordinance in 2014 was a very public process that included multiple public hearings/meetings in front of the City's Planning& Zoning Board as well as the City Council. The new requirements as contained in the revisions were thoroughly vetted and Staff recommends that the City Council stay the course and allow Staff to pursue implementation of this initiative. Submitting Department Director: David Dickey Date: I Attachments: Attachment 1 - Charles Pindziak Letter—July 1, 2016 Attachment 2 —Pindziak Response Letter—July 11, 2016 Attachment 3 —Photo of Existing Sign Attachment 4 - Definition/Graphic of Pylon Sign Financial Impact: Staff time to prepare Agenda item. Reviewed by Administrative/Financial -7/i�� Services Director: John DeLeo `) Date: J City Council Meeting Date: 07/19/2016 Item No. 5 Page 3 of3 The City Manager recommends that City Council take the following action: No action required. Approved by City Manager: David L. Greene O`V* Date: 3(17.- l IC Attachment 1 Charles W. Pindziak 112 E Central Blvd. Cape Canaveral, FL 32920 July 1, 2016 \V © t� U& City Council [ 12E1 and City Manager • ;S Lioti Ge-'0 To Whom It May Concern: I am the mortgage holder for the professional property located at 6099 N. Atlantic Ave. Cape Canaveral, FL, presently owned by Vincent Keenan. I have recently become aware of actions taken by Code Enforcement against Mr. Keenan regarding his outside sign. I had the sign erected and I obtained the original permit for the sign. I am requesting an agenda item regarding this matter with a City Council at their next meeting, July 19, 2016. Please reply to the above address. Very Truly Yours, e4444 Charles W. Pindziak Attachment 2 ,, 0 N sititcz,44,4" 444 City of Cape Canaveral .., t f eV- /_ - /e,: Community Development Department OTY Or CAM tAlrowtRat July 11,2016 Charles W. Pindziak 112 E. Central Blvd. Cape Canaveral, FL 32920 RE: City Council Agenda Item Dear Mr. Pindziak: The City is in receipt of your letter wherein you request to address the City Council at its July 19, 2016 meeting regarding a sign on property located at 6099 N. Atlantic Boulevard. Be advised that an item has been placed under the"Item for Action"portion of the July 19,2016 agenda so that you can address the Council on this matter. Should you need the use of audio/video equipment for your presentation,please contact Mia Goforth at 321-868-1220, ext. 221, by July 18th so that the proper arrangements can be made. Sincerely, • , David Dickey Community Development Director CC: Mayor and City Council Anthony Garganese, City Attorney David L. Greene, City Manager Mia Goforth, City Clerk Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222—Fax(321) 868-1247 www.cityofcapecanaveral.org e-mail: info@a,cityofcapecanaveral.org Attachment 3 pr 16, 2016 4\ yk { albent KUIG \ r Keenan, RENTAL, Realtors Inc. -Advising Property Owners Since 19'$ ill , i EENAN _ . . SERVICES 1.1_C .:yea SALES • . . ... • a A.--..-'="-,--• ,z Attachment 4 Pylon signs are signs that are supported by one or more exposed vertical supports which are encased within a single, non-corrosive decorative cover. Non-corrosive decorative cover shall mean any material(s) suitable for installation as a pole sign cover in accordance with industry standards of material and workmanship, applied over and attached to the supporting poles(s), including all attachments and fasteners thereto, which shall contain no steel or other corrosive alloys. Such pole sign cover shall have a minimum width of not less than one and one-half times the depth of the cabinet, but not less than 12 inches, and maximum depth equal to the depth of the sign cabinet. One example of a pylon sign is: u4, lOp, REAL ESTATE PROPERTY SERVICES ; S AMAGEMENT P R[AM/ lig/ 321-78. 0007 - 40 6910 2 1 p`.4 _ ' ,. ; WO: � Example of an existing pylon sign in the City