HomeMy WebLinkAboutP&Z Agenda Packet 2-22-2017 PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
February 22, 2017
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 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: November 23,2016
2. Per Section 2-171, the Planning& Zoning Board shall elect a Chairperson and Vice-
Chairperson,by majority vote, at the first meeting held in January, unless there is no
January meeting,then the next meeting held.
3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re:Ordinance No.XX-2017,Amending Chapter 98 of the City Code relating
to submittal and review procedures for Plats and minor plats; removing the lot split
process and replacing it with a minor plat process — City of Cape Canaveral -
Applicant.
4. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. XX-2017, Amending Chapter 110 of the City Code
establishing minimum dimensions for automobile parking spaces within the City —
City of Cape Canaveral-Applicant.
REPORTS AND OPEN DISCUSSION:
Zoning&Zoning Board—Agenda
Page 2
February 22,2017
ADJOURNMENT:
Florida Statutes,the Cityherebyadvises the public that:If a person decides to appeal any
Pursuant to Section 286.0105,
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.
1
PLANNING &ZONING BOARD
MEETING MINUTES
November 23, 2016
A Meeting of the Planning & Zoning Board was held on November 23, 2016, at the Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Vice Chairperson Lamar
Russell called the meeting to order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
Lamar Russell Vice Chairperson
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
Albert Franks,Jr.
MEMBERS ABSENT
John Price C
Ron Friedman
OTHERS PRESENT
Jen Nix . City
David Dickey C• . unity I - i t
Patsy Huffman Bo• ecretary
PUBLI
None
NEW : 'ESS:
1. Approvaffl_ eeting M. July ,2016.
Motion by Mr. Kitt seco• by Mr. Pearson to recommend approval. The motion carried
4-0 with voting as foil. v .sell,For;Dr.Fredrickson,For;Mr.Pearson,For;Mr.Kittleson,
For; Mr. Franks abstaine• oting as he is a new Member.
Approval of Meeting Minutes: September 7,2016.
Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend approval. The motion carried
4-0 with voting as follows:Mr.Russell,For;Dr.Fredrickson,For;Mr.Pearson,For;Mr.Kittleson,
For; Mr. Franks abstained from voting as he is a new Member.
Approval of Meeting Minutes: October 12, 2016.
Planning& Zoning Board
Meeting Minutes
November 23, 2016
Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend approval. The motion carried
4-0 with voting as follows: Mr.Russell,For;Dr. Fredrickson,For;Mr.Pearson,For;Mr.Kittleson,
For; Mr. Franks abstained from voting as he is a new Member.
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).
Mr. Dickey presented Staffs report/photos. Staff addressed required criteria and noted the pages
of Site Plan as reference to make it easier for Board Members during their review of plans.
Staff recommended approval of Site Plan for Oceanside Distillery Project located at 240 W.
Central Boulevard.
Discussion ensued to include maximum capacity for customers; no seating; standing room (only)
for 25 customers; educational tours will be offered; facility is not a bar; shipping/purchasing
process for product and mash will be re-bagged and offered for sale to local cattle farmers.
The Applicant questioned location of dumpster gates and was instructed to contact Public Works
Services for direction.
Motion by Mr. Pearson, seconded by Mr. Kittleson to recommend approval. Vote on the motion
carried unanimously.
3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Staff
Re: Ordinance No. XX-2017 Amending Appendix B of City Code Related to Assessment of
Building Permit Fees—City of Cape Canaveral- Applicant.
Mr. Dickey explained the City is losing money because City Code states that building permit fees
must be calculated from the International Code Council (ICC), which generates values based on
type of construction. 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. Staff used Twistee Treat (a current project) as an example. By incorporating a second
methodology,which would utilize the actual contract price of the project,revenue would increase
by approximately 40 percent. Staff is proposing to shift the cost of providing Building Department
services to the actual users of the services.
The City Attorney's Office has prepared an Ordinance to reflect the needed language.
Staff recommended approval of Ordinance No. XX-2017 to City Council.
Discussion ensued to include approval of recommendation, correction of Public Hearing date;
wording of Ordinance regarding "Building Official"; City Code regarding usage of ICC; making
additional verbiage changes to page two, paragraph 2; clarification of impact fees; competition
with other cities regarding new construction coming to the City and lack of new construction.
2
Planning& Zoning Board
Meeting Minutes
November 23, 2016
Motion by Mr. Pearson, seconded by Mr. Kittleson to recommend approval to City Council with
the amended verbiage to read"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, using the latest valuation data published by the ICC, whichever is greater,
except as otherwise provided in this section. However, in no case shall the valuation be less than
that determined by using the latest valuation data published by the International Code Council."
Vote on the motion carried unanimously.
REPORTS AND OPEN DISCUSSION:
None.
ADJOURNMENT:
Motion by Mr. Kittleson,seconded by Mr. Russell to adjourn the meeting at 6:39 p.m. Vote on the
motion carried unanimously.
Approved on this day of , 2016.
Lamar Russell,Vice Chairperson
Patsy Huffman, Board Secretary
3
-. City of Cape Canaveral
671 ', Planning and Zoning Board
�► Meeting Date: 2/22/2017
4te=r Item No. 3
Subject: An Ordinance of the City Council of the City of Cape Canaveral, Brevard County,
Florida,amending Chapter 98 of the City Code relating to submittal and review procedures for
Plats and minor plats; removing the lot split process and replacing it with a minor plat process;
providing for the repeal of prior inconsistent Ordinances and Resolutions, severability,
incorporation into the City Code,and an effective date.
Department: Community Development(CD)
Applicant/Owner: City of Cape Canaveral
Summary: Until 2010, all plats processed in the City followed a two—step process;
preliminary plat and final plat approval. Each of these steps required a public hearing in front
of the Planning&Zoning Board as well as the City Council. In total, four public hearings.
In 2010, due to the burdensome nature of the platting process,the City created a new process
for platting minor subdivisions of land. The new system, known as a"lot split" is defined as:
A division of a tract of land or lot that will result in the creation of exactly one
additional tract of land or lot provided the following conditions are met:
(1) The lot or tract of land to be split is a previously platted lot or legal
description of record.
(2)Each lot or tract of land created hereunder shall abut a public or approved
private street, unless perpetual cross-access easements already exist on
the lot to be split or are determined not to be necessary, or, if necessary,
are provided by separate instrument.
The new lot split process condensed the two step approval process into one, eliminating the
requirement for a preliminary plat approval and only requiring final plat approval. It did
maintain the requirement for a public hearing in front of the Planning & Zoning Board and the
City Council.
The proposed ordinance would replace the lot split process with a minor plat process.As defined
in the proposed ordinance,the term"minor plat"shall mean any of the following:
(1) a division of a tract of residential land or lot that will result in the creation
of up to three additional tracts of residential land or lots; or
(2)a division of a tract of nonresidential land or lot that will result in the creation
of exactly one additional tract of land or lot; or
(3) a replat (reconfiguration) of existing parcels where no new parcels are
created.
Like the lot split,a minor plat will be a one step process only requiring final approval. However,
a minor plat further streamlines an approval by only requiring a public hearing before the City
Council. City Staff to include the City Engineer will review the request a make a
recommendation to the Council. For residential minor plats, parcels within 500 feet of the
request will be notified of the public hearing.
Planning and Zoning Board Meeting Date: 02/22/2017
Ordinance No. XX-2017
Page 2 of 2
Attachment:
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-2017 to the City Council.
Approved by CD Director: David Dickey Date: 2/15/2017
Attachment 1
ORDINANCE NO.xx-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 98 OF THE CITY CODE
RELATING TO SUBMITTAL AND REVIEW PROCEDURES
FOR PLATS AND MINOR PLATS; REMOVING THE LOT
SPLIT PROCESS AND REPLACING IT WITH A MINOR
PLAT PROCESS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION
INTO THE COMPREHENSIVE PLAN, 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 streamline and update the requirements and
procedures for consideration and approval of certain subdivision plats consistent with the
requirements of Chapter 177,Florida Statutes; and
WHEREAS, the City Council desires to create an abbreviated minor plat procedure for
the subdivision of one residential lot into up to four lots,for the subdivision of one non-residential
lot into two lots, and for replats of existing parcels where no new parcels are created and streets
are not reconfigured;and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at
a duly noticed public hearing held on December _, 2017, and said Board has recommended
approval of the amendments to the City Code;and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of
the public health,safety,and welfare of the citizens of Cape Canaveral, Florida; and
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Amendment to Chapter 2. Chapter 98,Zoning,of the Code of Ordinances,City of
Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeetut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text existing in Chapter 98. It is intended that the text in Chapter 98, denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
City of Cape Canaveral
Ordinance No.xx-2017
Page 1 of 7
Chapter 98 Subdivisions
***
Article II Plats and Minor Plats Lot slits
Division 1. - Generally
X,CW
Sec. 98-31. - Division of land; review and approval required; zoning.
(a) Any subdivision of land into two or more parcels shall be subject to the requirements
of this article.
(b) No owner of real property shall sell, offer to sell or lease lots or tracts of land from
such property without first having divided such property in accordance with the requirements
of this article.Before such lot or tract is divided,the lots or tracts proposed to be divided shall
be surveyed by a duly licensed Florida surveyor and approved by the city council by plat or
resolution in accordance with the specific applicable provisions of this article and F.S. ch.
177. No permit shall be issued for the construction of any building or structure or for an
electrical or sewer hookup on any lot or tract sold in violation of this article; provided,
however, that any such violation can be remedied by complying with the provisions of this
article.Additionally,any subdivision Or-let-split approved pursuant to this article shall in every
respect meet the criteria established elsewhere in this article and the City Code for the category
of zoning and other relevant codes under which the property is zoned.
Secs. 98-32-98-35. -Reserved.
DIVISION 2.—Preapplication
Sec.98-36.-Submittal and review procedures.
(a) In order to promote development of land within the municipal boundaries of the city
that is harmonious with and otherwise in compliance with the comprehensive plan,
surrounding development and all applicable codes, applicants for plat or minor plat let-split
approval shall meet with staff in a preapplication conference. The preapplication screening
and conferences are intended to assist the applicant in becoming more aware of and,therefore,
more likely to comply with guidelines applicable to the project for which a plat or minor plat
let-split will be submitted. However, the applicant is cautioned that the preapplication
screening process is not intended to be a substitute for the formal plat or minor plat let-split
submittal and review procedures. Nor is it expected that the applicant can rely upon
City of Cape Canaveral
Ordinance No.xx-2017
Page 2 of 7
conditional approvals received during the preapplication process as binding the city in any
manner during subsequent plat or minor plat let-split submittal and review procedures.
(b) The applicant will provide preliminary drawings of the proposed plat or minor plat let
split to the planning official. The number of copies required to be submitted shall be
determined by the planning official.Upon submittal of the copies of the proposed plat or minor
lomat let-split, a preapplication conference shall be scheduled.
(c) The proposed plat or minor plat let-split so provided shall contain a location map
showing the relationship of the proposed subdivision to existing and proposed facilities as
indicated in the comprehensive plan, and shall contain general information including, but not
limited to,the following:
(1) General information on the existing site conditions, water management
facilities, soil conditions, floodplain data, topography, trees and vegetation,
adjacent community facilities, utilities and surrounding property conditions.
(2) General description of the proposed development including proposed number
of lots, approximate lot width and depth, building size and type. Proposed
stages of development, if appropriate, should be shown.
(3) A plan showing the proposed pattern of streets, lots and water management
facilities in relation to existing natural conditions of the site and its
surroundings.
Secs. 98-37-98-40. - Reserved.
DIVISION 5.–Minor Plats
Sec.98-66.–Minor Plats Vis:
(a)Let-s2914 Minor plat review and approval. An application for a minor plat let-split shall be
processed . - •- -_ : : : : : . : - - - - . • . -._ _ . : : •_. :
•-- _ • - _ . . . . •-. . - _ _. . . _. . . _ - as set forth in this
section.,provided the following conditions are met:
al The lot or tract of land to be subdivided is a previously platted lot or legal description
of record.
al Each lot or tract of land created hereunder shall abut a public or approved private
street, unless perpetual cross-access easements already exist on the lot to be
subdivided or are determined not to be necessary, or, if necessary, are provided by
separate instrument.
City of Cape Canaveral
Ordinance No.xx-2017
Page 3 of 7
f3j No construction of any public or private road or construction of utility infrastructure
is required.
(b)Definition. For purposes of this section,the term "minor plat" " ' " hall mean any of
the following:
al a division of a tract of residential land or lot that will result in the creation of up to
three exactly a additional tracts of residential land or lots; or-provided-fie
f2) a division of a tract of nonresidential land or lot that will result in the creation of
exactly one additional tract of land or lot; or
(3) a replat (reconfiguration)of existing parcels where no new parcels are created.
reeer-ek
(c) Application. Applicants seeking minor plat let split approval shall provide the following
to the community development department:
(1)A complete let-split minor plat application on a form prescribed by the city manager.
(2)The information required for preliminary plat approval set forth in section 98-41.
(3)A filing fee established by resolution of the city council.
(d) City staff review.
(1) Upon receipt of a complete lei-split minor plat application,the planning official shall
review and forward to the appropriate city reviewing staff a copy of same and such other
documents to enable the city reviewing staff to review the application and either find the
application to be sufficient or point out areas that are inadequate or improper. The city
attorney shall review the title opinion or certification.
(2) City reviewing staff shall return in writing all comments, recommendations and
questions to the applicant within 30 days of receipt of applicant's complete application.
City of Cape Canaveral
Ordinance No.xx-2017
Page 4 of 7
(3) Should any comment or recommendation made by the city reviewing staff require
the applicant to revise its submittal, the city reviewing staff shall review the revised
submittal and return all comments, recommendations and questions to the planning
official,who shall then forward all documents to the applicant.
(4)Upon receiving satisfactory reviews from all of the city reviewing staff,the applicant
shall submit revised copies of the lett minor plat and other information required by
this section. The number of copies required shall be determined by city staff. Upon
receipt of all documents, the planning official shall schedule the application for
consideration by the city council .
(e) Public hearings.
_ ,. ___ . -- - -: . : : ... :' _. - - _ :: . -, The city council
shall, at a duly noticed public hearing, - - -•- : - - •-
either approve or deny the proposed lot-split minor
plat. Any approval of a let-split minor plat shall be by resolution of the city council.
(f) Review criteria. Before any let-split minor plat is
approved by the city council, the applicant must demonstrate,
and the city council must find,that the proposed lot-split minor
plat meets the following criteria:
(1)The proposed let-split minor plat is in compliance with the provisions of this article
and applicable law.
(2)The application is consistent with the city's comprehensive plan.
(3)The application does not create any lots, tracts of land or developments that do not
conform to the City Code.
(4)The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
(g) Special notice for residential lot its minor plats. Any proposed lot-split minor plat of a
residentially zoned property shall require special notice be provided to adjacent property
owners at least 14 days prior to the city council hearing on the
City of Cape Canaveral
Ordinance No.xx-2017
Page 5 of 7
proposed residential let-split minor plat. Said notices shall be provided by regular mail to
adjacent property owners within 500 feet of the property subject to the let-split minor plat
application,and shall include the address and legal description of the subject property,and the
date, time and location of the city council hearing. Notices
provided under this subsection are hereby deemed to be courtesy notices only and the failure
to provide or receive said notices shall not be a basis of appealing any decision made under
this section.Applicants shall be solely responsible for the cost of the notices required by this
subsection.
(h) Recording. Upon approval of any lot split by resolution of the city council, the plat
documents shall be duly recorded in the public records of Brevard County in accordance
with section 98-62 and the let-split minor plat shall be reflected on the appropriate city maps
and documents.
(i) Restriction on additional it minor plat. No further division of an approved lot split
is permitted under this section, except through the preliminary and final plat review
procedures of this article.
***
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 6 of 7
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of
February,2017.
Bob Hoog,Mayor
ATTEST: For Against
MIA GOFORTH, Mike Brown
City Clerk
Robert Hoog
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
City of Cape Canaveral
Ordinance No.xx-2017
Page 7 of 7
2<< ~0, City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 2/22/2017
%gr. Item No. 4
Subject: Ordinance No. XX-2017 - An Ordinance of the City Council of the City of Cape
Canaveral,Brevard County, Florida; establishing minimum dimensions for automobile parking
spaces within the city;providing for the repeal of prior inconsistent Ordinances and Resolutions,
severability, incorporation into the City Code, and an effective date.
Department: Community Development(CD)
Applicant/Owner: City of Cape Canaveral
Summary: At the October 12, 2016 Planning & Zoning Board meeting, the Board and Staff
held a general discussion about automobile parking spaces.Based upon that discussion,the City
Attorney's office has prepared the attached ordinance to establish minimum dimensions for
automobile offstreet parking spaces.
Currently, the City Code states that an offstreet parking space "consists of a minimum paved
area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto."
This is the only reference in the Code that provides any type of dimensional standard for a
parking space.Note that no minimum width or length for a space is included.This is not typical
of local government codes.
The following table includes the dimensional parking space standards for a sampling of Florida
cities/counties:
Location Length Width Sq.Ft.
Cape Canaveral n.a. n.a. 200
N.Miami Beach 9 18 162
Cocoa Beach 9 20 180
Cocoa 10 20 200
Melbourne 10 20 200
Titusville 10 20 200
Daytona Beach 9 19 171
Lakeland 9 18 162
Ocala 9.5 19 180.5
Brevard County 9 20 180
Planning and Zoning Board Meeting Date: 02/22/2017
Ordinance No. XX-2017
Page 2 of 2
Parking spaces also vary in dimension by the layout/location of the space.A typical parallel parking
space is 10 feet wide by 24 feet long. This allows for the proper maneuvering of a vehicle. Many
jurisdictions allow for a certain percentage of total parking spaces to be designated as"compact"for
use by smaller vehicles. These spaces can be as small as 16 feet in length and 7.5 feet in width.
Angled parking varies by the angle of the space and the width of the aisle.
Any discussion about the minimum parking space size needs to include an understanding of the size
of today's vehicles.Throughout the last several decades,vehicle sizes have varied and in large part
have changed according to the prevailing gas price. The average mid-size sedan is approximately
71.4 inches by 190 inches.The average SUV is 78.2 inches by 208 inches and the average compact
car is 68.8 inches by 177 inches.
In the 1971 version of the City's Zoning Ordinance,the definition of an offstreet parking space
required a minimum of 200 square feet with minimum dimensions of 10 feet by 20 feet. In
1983, an offstreet parking space required 200 square feet. There was no minimum width or
height. Also, for property zoned C-1 or M-1, sites that included more than 400 spaces could
dedicate up to twenty-five percent(25%)of those spaces for compact car parking. These spaces
could consist of a minimum of 160 square feet. In 1994, the definition read the same as the
1983 version.
As indicated above, today's Code does not allow for compact parking spaces or provide any
dimensional standards. In response, Staff has prepared the attached ordinance to revise the
definition of a parking space to provide minimum dimensional standards. As proposed, an
offstreet parking space shall be defined as:
Parking space, offstreet, consist of a minimum paved area of 288 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum
dimensions of each offstreet parking space shall be as set forth in Section 110-494.
Sec. 110-94.—Dimensions.
Offstreet parking spaces shall consist of a minimum paved area of 180 square feet
for parking an automobile, exclusive of access drives or aisles thereto. The minimum
width of each space shall be 9 feet and minimum length shall be 18 feet.
Attachment:
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-2017 to the City Council.
Approved by CD Director: David Dickey 1 Date: 2/15/2017
•
Attachment 1
ORDINANCE NO. -2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ESTABLISHING MINIMUM DIMENSIONS FOR
AUTOMOBILE PARKING SPACES WITHIN THE CITY;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE CITY
CODE,AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution,to exercise any power for municipal purposes,except when expressly prohibited by
law;and
WHEREAS, currently,the City Code provides only that automobile parking spaces shall
have a minimum paved area of 200 square feet, without establishing minimum dimensions for
such parking spaces;and
WHEREAS,the City Council of Cape Canaveral desires to establish minimum dimensions
for automobile parking spaces within the City to ensure future parking spaces are consistent in size
throughout the City and large enough to accommodate average-sized automobiles; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health,safety,and welfare of the citizens of Cape
Canaveral.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Chapter 110 Zoning
ARTICLE I.—In General
Sec. 110-1.-Definitions.
The following words,terms and phrases,when used in this chapter, shall have the
City of Cape Canaveral
Ordinance No. -2017
Page 1 of 4
meanings ascribed to them in this section,except where the context clearly indicates a different
meaning:
Parking space, offstreet, consists of a minimum paved area of 2-09180 square feet for
parking an automobile,exclusive of access drives or aisles thereto. The minimum dimensions of
each offstreet parking space shall be as set forth in section 110-494.
* * *
ARTICLE VIII—RESIDENTIAL PLANNED UNIT DEVELOPMENTS
* * *
DIVISION 3.—LAND USE REGULATIONS
* * *
Sec. 110-442. - Offstreet parking.
In a residential planned unit development,offstreet parking shall be provided as follows:
(1) For primary residential uses,a minimum of three parking spaces per dwelling unit
shall be provided,unless a reduction in parking is specifically authorized by the city council as
recommended by the planning and zoning board. Each space must contain at least 2-88180
square feet of area,shall conform to offstreet parking dimensional requirements as set forth in
section 110-494,and shall be convenient to residential use. Parking areas shall not be separated
from associated structures by any public right-of-way.Parking areas shall be landscaped in
accordance with section 110-567.
* * *
ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 2.—OFFSTREET PARKING
* * *
Sec. 110-494.— Dimensions.
Offstreet parking spaces shall consist of a minimum paved area of 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum width of each
space shall be 9 feet and minimum length shall be 18 feet.
* * *
ARTICLE X.—AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT
City of Cape Canaveral
Ordinance No. -2017
Page 2 of 4
DIVISION 5.—PARKING
* * *
Sec. 110-671. — Dimensions.
Each space must contain at least 180 square feet of area and shall conform to offstreet
parking dimensional requirements as set forth in section 110-494.
Section 3. Code Amendment. Chapter 80 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 80. It is intended that the text in Chapter 80 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
Chapter 80 Vehicles for Hire
* * *
ARTICLE IV.—REGULATIONS
* * *
Sec. 80-82.—Stands, depots,terminals and parking.
(a) Each owner or holder of a certificate of public convenience and necessity shall provide a
stand, depot or terminal at his place of business for off-street parking or garage space of
sufficient size to accommodate each vehicle authorized by such certificate. For the purpose
of this section,NO 180 square feet of lot or floor area meeting dimensional requirements
as set forth in section 110-494,together with approved means of ingress and egress thereto,
shall be deemed to be a minimum parking area or garage space for one vehicle.
* * *
Section 4. 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 5. 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
City of Cape Canaveral
Ordinance No. -2017
Page 3 of 4
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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral,Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
of ,2016.
Bob Hoog, Mayor
ATTEST: For Against
Mike Brown
MIA GOFORTH,CMC Robert Hoog
City Clerk
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
City of Cape Canaveral
Ordinance No. -2017
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