HomeMy WebLinkAboutP&Z Agenda Packet. 11-23-2016 PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
November 23,2016
6:00 P.M.
AGENDA-AMENDED
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that is
listed on the agenda for final official action by the Planning&Zoning Board excluding public hearing items
which are heard at the public hearing portion of the meeting,ministerial items(e.g.approval of agenda,minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three(3)
minutes. The Planning& Zoning Board will not take any action under the "Reports and Open Discussion"
section of the agenda. The Planning&Zoning Board may schedule items not on the agenda as regular items
and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: July 27, 2016/September 7, 2016/October 12,2016.
2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Staff Re: Site Plan Approval for the Oceanside Distillery project, per City Code of
Ordinances, Section 110-223 —Ron Foleno, Applicant- (240 W. Central Boulevard).
3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Staff Re: Ordinance No. XX-2017 Amending Appendix B of the City Code Related
to the Assessment of Building Permit Fees—City of Cape Canaveral -Applicant.
REPORTS AND OPEN DISCUSSION:
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 Planning&Zoning Board with respect to any matter considered at this meeting,that person will
need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible
or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The
facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the
proceedings should contact the Community Development Department(868-1222,ext. 15)48 hours in advance of the
meeting.
PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
November 23,2016
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that is
listed on the agenda for fmal official action by the Planning&Zoning Board excluding public hearing items
which are heard at the public hearing portion of the meeting,ministerial items(e.g.approval of agenda,minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three(3)
minutes. The Planning& Zoning Board will not take any action under the "Reports and Open Discussion"
section of the agenda. The Planning&Zoning Board may schedule items not on the agenda as regular items
and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: July 27,2016/September 7,2016/October 12,2016.
2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Staff Re: Site Plan Approval for the Oceanside Distillery project, per City Code of
Ordinances, Section 110-223—Ron Foleno, Applicant-(240 W. Central Boulevard).
REPORTS AND OPEN DISCUSSION:
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 Planning&Zoning Board with respect to any matter considered at this
meeting,that person will need a record of the proceedings, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges
or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing
assistance to participate in the proceedings should contact the Community Development Department(868-
1222,ext. 15)48 hours in advance of the meeting.
PLANNING&ZONING BOARD
MEETING MINUTES
July 27,2016
A Meeting of the Planning & Zoning Board was held on July 27, 2016, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the
meeting to order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price Chairperson
Lamar Russell Vice Chairperson
Harry Pearson
Dr.John Fredrickson
Craig Kittleson
Ronald Friedman
MEMBERS ABSENT
None
OTHERS PRESENT
Kim Kopp Senior City Attorney
David Dickey Corn unity Development Director
Patsy Huffman Bo. '` ecretary
PUBLIC PARTICIPATI 6
None 110
NEW BUSINESS:
1. Approval of Meeting Minutes —July 13, 2016.
Motion by Mr. Pearson, seconded by Mr. Friedman to approve the Meeting Minutes of July 13,
2016. Vote on the motion carriecunanimously.
2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to Board
of Adjustment Re: Special Exception No.2016-03 to authorize an Automotive Service
Station (Cumberland Farms) in C-1 zoning district, per City Code of
Ordinances, Section 110-223 — Chris Ossa, P.E., Applicant — (8000 Astronaut
Boulevard).
Mr. Dickey presented Staffs report/photos. This application is for the construction and operation
of an automotive service station.
Planning&Zoning Board
Meeting Minutes
July 27,2016
The proposed development consists of a 4,928 square foot, retail convenience store that includes
six fueling islands (12 fueling pumps) under a detached canopy. The project includes 22 parking
spaces including one (1) handicap space. A 325 square foot outdoor seating area adjacent to the
southeast corner of the building. The project is located on a 1.42-acre parcel, which has frontage
on Astronaut Boulevard and N. Atlantic Avenue.
Sec. 110-39 (c) of City Code established certain criteria that must be evaluated when a
recommendation from the Planning & Zoning Board to the Board of Adjustment is being
considered. The proposal meets these minimum standards.
With the adoption of Ordinance No. 11-2015,City Council established specific regulations dealing
with automotive service stations. The subject parcel/request meets these requirements.
On April 20, 2016, the City's Community Appearance Board approved development of the
proposed project.
Staff recommended approval.
Discussion ensued to include, generating additional traffic; approvals required; stormwater;hours
of operation (24 hours/day); change in services offered; U-Haul rental services discontinued;
changes to Special Exception process; outdoor seating creating the potential for loitering and
Board placing conditions on approval.
Senior Attorney Kopp addressed concerns regarding Special Exception for rental of U-Haul's
remaining with property and if services were not provided within one (1) year, the Special
Exception is void. Representatives of Cumberland Farms indicated they did not intend to provide
this service.
Mr. Price opened the meeting to public participation at 6:30 p.m.
Lois Palmer requested the number of employees. Zach Middlebrook answered 15-16 part-time
employees with 4-5 working during a shift. He addressed concerns of outdoor seating and there
have been none with other locations.
Mr. Price closed the meeting to public participation at 6:38 p.m.
Motion by Mr. Friedman, seconded by Mr. Pearson to recommend approval. Vote on the motion
carried unanimously.
3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Staff Re: Site Plan Approval for Cumberland Farms, per City Code of Ordinances,
Section 110-223—Chris Ossa, P.E., Applicant.
This request is for Site Plan Approval for the proposed Cumberland Farms project.
2
Planning&Zoning Board
Meeting Minutes
July 27, 2016
Mr. Dickey presented Staffs report/photos and explained that Section 110-222 of City Code
established criteria to address by Site Plan Application and the importance of the Site Plan
Checklist submitted.
Staff explained location of parking and number of parking spaces; access to the site; landscaping
requirements;building orientation in the Economic Opportunity Overlay District; sidewalk access
for pedestrians; water provided by City of Cocoa; wastewater provider will be City of Cape
Canaveral; stormwater retained onsite; and retention areas on the south and northwest portion of
the parcel.
City Engineer John Pekar recommended approval based on criteria reviewed.
Staff recommended approval.
Mr. Price opened the meeting to public participation at 6:47 p.m. and closed the meeting since
there was none.
Motion by Mr. Pearson, seconded by Mr. Friedman to recommend approval. Vote on the motion
carried unanimously.
REPORTS AND OPEN DISCUSSION:
Senior Attorney Kopp spoke about vacation rentals and gave key points for Board Members to
consider before the next meeting. Board Members requested to have item placed on the next
Agenda.
ADJOURNMENT:
Motion by Mr. Russell, seconded by Mr. Freidman to adjourn the meeting at 7:08 p.m. Vote on
the motion carried unanimously.
Approved on this day of , 2016.
John Price,Chairperson
Patsy Huffman,Board Secretary
3
PLANNING&ZONING BOARD
MEETING MINUTES
September 7,2016
A Meeting of the Planning&Zoning Board was held on September 7,2016,at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the
meeting to order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price Chairperson
Lamar Russell Vice Chairperson
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
Ronald Friedman
MEMBERS ABSENT
None
OTHERS PRESENT
Anthony Garganese 40 City Attome
David Dickey Com t unity D- t D.
Patsy Huffinan Board ecretary
PUBLIC PARTICIPATION•
None
NEW SS:
1. Quasi-Ju• and/or Public Hearing: Consideration and Recommendation to City
Staff Re:Site Plan Approval for Portside Plaza,per City Code of Ordinances, Section 110-
223—Kyriacos Lagges, applicant—(8699 Astronaut Boulevard).
Mr. Dickey presented Staff's report/photos. This request is for Site Plan Approval. The property
has been"squared off'for purposes of parking. A Unity of Title process combined the properties
into a single development tract.
Through a temporary Lease Agreement dated January 22, 2015, the property owner secured 20
off-site, shared parking spaces to address the parking deficiency. It is a month-to-month lease and
therefore, considered temporary. As a result, the Preacher Bar is operating without a final
Certificate of Occupancy.
Planning&Zoning Board
Meeting Minutes
September 7,2016
To provide a permanent solution to the parking deficiency, Lagges has contracted to purchase a
portion of the adjacent Baugher Property (PIN 24-37-15-00-00752.0) to construct additional
parking spaces. City Council approved Resolution No. 2016-03 that provided for two separate
divisions of land and the resulting Unity of Title (UOT). A condition was included in the
Resolution that requires the executed and recorded Unity of Title Agreement be submitted to the
City within 90 days of adoption of the Resolution (June 22, 2016) or it shall be deemed null and
void. City Council passed Resolution No. 2016-10 on June 21, 2016,to extend the deadline until
October 22,2016.
City Engineer John Pekar recommended approval of the Site Plan. The City's public safety
officials have reviewed the request and recommended approval.
Staff recommended Planning & Zoning Board make a recommendation of approval conditioned
on the Site Plan not becoming effective until:
1. Lagges and Baugher submitted to the City fully executed Unity of Title documents by
October 22, 2016; and
2. Satisfy any other conditions of approval required by the City for Unity of Title and Lot
Split Resolution.
Discussion ensued to include parking space sizes not meeting Code; drainage system issues;type
of landscaping; administrative authority,number of parking spaces and traffic flow.
Motion by Mr. Russell, seconded by Mr. Pearson to recommend approval. The motion carried 5-
1 with voting as follows: Mr. Russell,For;Dr. Fredrickson,For; Mr. Pearson, For; Mr. Kittleson,
For; Mr. Price, For and Mr. Friedman,Against.
REPORTS AND OPEN DISCUSSION:
Recommendation to address parking space size requirements. Staff indicated this issue would be
on the next Agenda.
Discussion ensued to include not making spaces smaller, making new projects adhere to the
current Code; comparing to other jurisdictions; readjusting the Code and not making the width
smaller.
Staff addressed questions regarding the"Port Of Call"project.
ADJOURNMENT:
Motion by Mr. Friedman, seconded by Mr. Russell to adjourn the meeting at 6:40 p.m. Vote on
the motion carried unanimously.
Approved on this day of , 2016.
2
Planning&Zoning Board
Meeting Minutes
September 7,2016
John Price, Chairperson
Patsy Huffman,Board Secretary
3
PLANNING&ZONING BOARD
MEETING MINUTES
October 12,2016
A Meeting of the Planning&Zoning Board was held on October 12,2016,at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the
meeting to order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price Chairperson
Lamar Russell Vice Chairperson
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
MEMBERS ABSENT
Ron Friedman
OTHERS PRESENT
Anthony Garganese ity Attorn
David Dickey unity ► lop R en 1.' or
Patsy Huffman B. ecre •
PUBLIC PARTICIPA :
None
NEW!B:USINESS:
I. Quasi-Judicial and/or Public Hear Consideration and Recommendation to City
Council Re: Final Plat Approval —aper City Code of Ordinances, Section 98-46 —
Antonio Romano - Owner(350 Monroe Avenue)
Mr. Dickey presented Stair Sort/photos. The Applicant is requesting Final Plat approval
associated with redevelopme 'of property. The request will re-plat two (2) lots into five (5) lots
to facilitate future sales. The property is zoned R-2.
Staff recommended approval of Cape Park Townhomes Final Plat to City Council.
City Engineer John Pekar recommended approval. Mr. Dickey explained how the City Attorney
and City Engineer worked to ensure certain language was included on the Final Plat regarding the
stormwater system and maintenance of the system as well as creating a Homeowner's Association.
City Attorney Garganese read the verbiage from the dedication on the plat.
Planning&Zoning Board
Meeting Minutes
October 12, 2016
Discussion included a lot dimension discrepancy and suggestion to have it corrected.
Motion by Mr. Kittleson, seconded by Mr. Price to recommend approval. Vote on the motion
carried unanimously.
REPORTS AND OPEN DISCUSSION:
Staff presented fact gathering information to the Board regarding parking space dimensions.
Discussion ensued to include proposing an Ordinance; designating spaces for compact cars only;
changes the City may experience regarding density and building heights that might affect parking;
flexibility in parking requirements; parking garages; setting specific criteria for Staff to consider
when making a recommendation; Code language is too vague and consider adding dimensions for
parking spaces.
ADJOURNMENT:
Motion by Mr.Kittleson,seconded by Mr. Russell to adjourn the meeting at 6:45 p.m.Vote on the
motion carried unanimously.
Approved on this day of , 2016.
John Price, Chairperson
Patsy Huffman, Board Secretary
2
\1T'' '? City of Cape Canaveral
tR o , Planning and Zoning Board
�� Meeting Date: 11/23/2016
4:-5;;Ir.
Item No. Z
Subject: Request for Site Plan Approval for the Oceanside Distillery project located at 240 W.
Central Boulevard(Parcel No. 24-37-15-00-796).
Department: Community Development(CD)
Applicant/Owner: Ron Foleno/Florida Commercial Developers Corp.
Summary: This request is for Site Plan Approval for the Oceanside Distillery project which is
located at 240 W. Central Boulevard(Attachment 1).
Section 110-223 of the City Code establishes the steps for site plan approval. In general, the
application is first reviewed by the various City review departments to determine its consistency
with applicable rules and regulations. The application is then considered by the Planning and
Zoning Board and a written recommendation is forwarded to the Community Development
Director for a final decision.
Section 110-222 of the City Code establishes criteria that must be addressed by the Site Plan
Application package. Attached is a Site Plan Checklist that the applicant submitted.Community
Development Staff has reviewed the application materials for consistency with these criteria
(Attachment 2).
Utilities will be provided by the City of Cocoa (water) and the City of Cape Canaveral
(wastewater). Stormwater will be retained onsite via a swale and pond system. Applicable
permits will be required prior to any development activity.
The City Development Review Committee considered the application at its August 12, 2015
meeting. In a memo dated October 19, 2016, Mr. John Pekar, P.E., the City Engineer,
recommends approval of the site plan(Attachment 3).
3 Submitting Director: David Dickey Date: 011/08/2016
Attachments:
1 - Oceanside Distillery Location Map
2 - Site Plan Checklist
3 -John Pekar,P.E., memo—October 19,2016
4—Oceanside Distillery Site Plan
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of the Site Plan for the Oceanside Distillery Project located at 240
W. Central Boulevard.
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Attachment 2
Sec. 110-222.-Criteria required.
'Site plan criteria required under this chapter shall be as follows:
(1) Plan drawn to scale by an appropriately licensed design professional, no greater than one inch to 50
feet,on sheets two feet by three feet,showing the following site data:
a. Size, height, number of units and location of proposed and existing structures and their
relationship to property lines,setbacks,easements,streets,etc.Included C-3
b. Dimensions and total gross acreage of the site and percentage devoted to structures and
percentage of parking area devoted to landscaping with curbs and water provisions. Included
C-3&L-1
c. Total number of units proposed; total number and size of on-site parking spaces and loading
zones.Included C-3
d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site
and that no traffic problems are created by the proposed ingress and egress routes.Included C-
3
e. Calculation of density(dwelling units per acre).n/a
f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas,
swimming pools,driveways,recreation, trash and garbage pickup, sidewalks,dune crossovers,
etc.Included C-3
g. In those site plans which require a subdivision of land,no site plan shall be approved until the
city council has given approval to the preliminary plat.n/a
h. The type of enclosure for and location of communal-type trash containers(dumpsters).Type of
enclosure shall be subject to approval and acceptance of the planning and zoning board.
Included C-3&5
i. Fire alarm and standpipe data,when required.
j. Site vicinity map.Included C-1
k. Location of planned landscaping in compliance with sections 110-566 and 110-567. Included
L-1
(2) Topographic survey, including the following:
a. USC and G.S.datum plane.Included C-2
b. Existing and proposed streetlights,water,sewer,paving,storm drains,fire hydrants,sidewalks,
etc.Included C-3&4
c. Lot lines and dimensions of all setbacks,structures and easements.Included C-3
d. Location of established seawall line and information for construction, if required.n/a
e. Surveyor's certification.n/a
f. Elevations to be given on one-foot intervals.Included C-2
g. Range markers and coastal construction setback line,where required.n/a
h. Location and type of existing trees four inches in diameter or larger.n/a
(3) Engineering data, including the following:
a. Finished grades for entire parcel,finished elevations for floors,streets,parking lots,sidewalks,
ten inches of adjoining property.etc.Included C-4
b. Details,sections and specifications required of all improvements,such as streetlights,water and
sewer (structures, pipes, appurtenances), paving and drainage, curbs, storm drainage and
sidewalks.Included C-5&6
c. Engineer's seal required in drawings.Included
d. Engineering storm drainage design calculation and drainage maps.Included C-4
(4) Square footage of building for the following:
a. Living.n/a
b. Parking.Included C-3
c. Other.n/a
d. Total under roof.Included C-3
(5) Drawing notes required as follows:
a. Sidewalk and sanitary sewers to be constructed to city standards.Included C-3
b. Water lines to conform to City of Cocoa standards.Included C-3
c. Where applicable, fire alarm system to be installed and connected to city fire department
standards.
(6) For mean high water, survey shall be done by procedures established by F.S. § 177.25 et seq.n/a
JOHN A.PEKAR,P.E.,LIC Attachment 3
Civil Engineering/Consulting
102 Columbia Drive
Suite 207
Cape Canaveral,FL 32920
Office Phone:321-613-2959
Cell Phone: 321-288-1040
johnpekarpe@gmad.com
ago ,. e! Rani Flowe ronifowe@gmail.com
Office Manager Cell Phone: 321-403-9S99
October 19, 2016
TO: David Dickey;Patrice Huffman
FROM: John A. Pekar,PE, City Consulting Engineer
SUBJECT: Oceanside Distillery Site Plan Review
We have reviewed the emailed revised plans, responses to comments, and drainage calculations
for the Oceanside Distillery building dated October 13,2016.
Based on this review,we recommend City approval of this site plan once written confirmation of
proposed source of landscaping irrigation water is noted(i.e.,reuse or City water).
Please let me know if you have any questions.
Sincerely,
John A.Pekar,P.E.
JAP:rmf
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 10/23/2016
Item No. 3
Subject: Ordinance No. XX-2017 - An Ordinance of the City Council of the City of Cape
Canaveral, Brevard County, Florida; amending Appendix B of the City Code, related to
assessment of Building Permit fees; providing for the repeal of prior inconsistent Ordinances
and Resolutions; incorporation into the Code; severability;and an effective date.
Department: Community Development(CD)
Applicant/Owner: City of Cape Canaveral
Summary: Currently, the City Code relies solely on valuation data published by the
International Code Council to assess building permit fees. The fees are based on Building
Valuation Data (BVD), which is an average construction cost per square foot that reflect one
construction classification/occupancy group to another.These values are provided on a national
level. It is Stars experience that this approach consistently underestimates the value of the
proposed construction. As building permit fees are based on the value of construction,the result
is a reduction of fees collected.
The proposed ordinance would provide the Building Official with a second methodology for the
calculation of building permit fees. This approach would allow for a calculation of fees based
upon the value of the proposed project as documented by a contract between the property owner
and a contractor. This would allow a true reflection of local building costs and values.
For example, using the current ICC valuation model, the proposed Twistee Treat project on
Astronaut Boulevard would generate $1,091 in building permit fees. The amount is reached by
multiplying the square footage of the building (583 sq. ft.) by $131.99 per square foot (ICC
value for this type of a restaurant). In comparison, the proposed contract approach ($150,000)
would result in a$1,624 of fees. This represents 48%additional revenue.
Building permit fees are a type of user fee paid by entities to the City when the Building
Department's services are required. Building permits are required for among other things, the
construction of new buildings,additions or remodeling of existing structures and the installation
of fences and signs.
Currently, the annual fees generated by this permit do not cover the cost of the Department's
personnel. The City's 2016/17 budget includes a revenue of$95,000 for building permit fees.
This only covers 50% of the cost to operate the Building department. As a result, the General
Fund (taxpayers) is underwriting the cost of providing this service. The proposed ordinance
would shift the cost of providing building department services to the actual users of the services.
Attachments:
1 —Ordinance No. XX-2017
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of Ordinance No. XX-20 17 to the City Council.
Approved by CD Director: David Dickey-9 Date: 11/16/201
Attachment 1
ORDINANCE NO._-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING APPENDIX B OF THE CITY CODE, RELATED TO
ASSESSMENT OF BUILDING PERMIT FEES; 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,the City Council desires to accomplish a more accurate realization of project
value in the process of assessing building permit fees for new structures; and
WHEREAS,the current City Code currently relies solely on valuation data published by the
International Code Council to assess applicable building permit fees for new structures;and
WHEREAS,the Planning and Zoning Board has reviewed these proposed amendments at a
duly noticed public hearing held on December , 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 Appendix B. Appendix B of the Code of Ordinances,City of Cape
Canaveral, Florida, is hereby amended as follows(underlined type indicates additions and stFikeeut
type indicates deletions,while asterisks(***)indicate a deletion from this Ordinance of text existing
in Appendix B. It is intended that the text in Appendix B, denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
APPENDIX B
***
Subpart B. Land Development Code
City of Cape Canaveral
Ordinance No.XX—2017
Page 1 of 3
Chapter 82. Buildings and Building Regulations
***
(A) Building permit fees. On all buildings, structures or alterations requiring a building
permit, a fee set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
*x*
The total valuation for assessment of permit fees for new structures shall be based upon the actual
construction contract price for the new structure(s), with satisfactory evidence of same being
submitted to the building official, or a construction cost estimate made by the building official,
except as otherwise provided in this section. However, in no case shall the valuation be less than
that determined by using on the latest valuation data published by the International Code Council
(I.C.C.).
***
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.XX—2017
Page 2 of 3
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of
, 2017.
Bob Hoog, Mayor
ATTEST: For Against
MIA GOFORTH, Mike Brown
City Clerk
Robert Floog
Brendan McMillin
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE,City Attorney
I
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City of Cape Canaveral
Ordinance No.XX—2017
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