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HomeMy WebLinkAboutP&Z 2-22-17 -Draft Comprehensive Plan Ordinance • ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ADOPTED TO IMPLEMENT CITY COMPREHENSIVE PLAN FUTURE LAND USE POLICY LU-1.3.4; PROVIDING FOR AN AMENDMENT TO CHAPTER 115 OF THE CITY CODE TO ESTABLISH A PROCEDURE AND TERMS AND CONDITIONS UNDER WHICH THE CITY COUNCIL WILL DETERMINE WHETHER TO GRANT AND ISSUE A VESTED RIGHTS CERTIFICATE VESTING THE RESIDENTIAL DENSITIES OF A COMPLETED RESIDENTIAL CONDOMINIUM, TOWNHOUSE OR OTHER MULTI- FAMILY/APARTMENT DEVELOPMENT PROJECTS LEGALLY EXISTING ON JANUARY 1,2016; 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,pursuant to City of Cape Canaveral Ordinance No.XX-2017,the City Council adopted the City's Comprehensive Plan, Future Land Use Element, POLICY LU-1.3.4, for purposes of providing certainty and predictability in the use and conveyance of land and interests therein,and protecting private property rights, of legally existing and completed residential condominium and townhouse projects and other multi-family/apartment development projects legally existing on January 1,2016;and WHEREAS, POLICY LU-1.3.4 requires the City Council to adopt land development regulations to implement the Policy;and WHEREAS,the City Council desires to adopt the land development regulations contained in this Ordinance for purposes of implementing POLICY LU-1.3.4;and WHEREAS, the City Council also finds that it is an important government interest to protect the interests of private property owners that have purchased a condominium or townhome unit from loss of their respective investment in the unit solely because the unit could not be reconstructed to the residential density that was lawfully approved by the City or County on the legal basis that the lawfully approved residential density is not consistent with the City's current Comprehensive Plan; and WHEREAS, to the extent any affected condominium, townhouse, or other residential multi-family development project is within the Coastal High Hazard Area, the City's current evacuation times will not be adversely affected by adoption of this Ordinance since no new development with increased density is authorized hereby;and WHEREAS,the City Council recognizes that the planning and preparation of Ordinances XX-2017 and XX-2017 commenced by staff on or about January 1, 2016, and that date will be City of Cape Canaveral Ordinance No.XX—2017 Page 1 of 8 used as benchmark for determining which preexisting residential condominium, townhouse, and other multi-family development projects are eligible to apply for vesting under this Ordinance;and WHEREAS, based on information provided by City staff, the City Council hereby finds that no residential condominium, townhouse, and other multi-family development projects were approved by the City in excess of the maximum 15 dwelling units per acre set forth under Future Land Use Policy LU-1.3.3 after January 1, 2016, and therefore, it is not necessary for this Ordinance to address such projects developed after said date;and WHEREAS,the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on , 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 City Code. Chapter 115 of the City Code is hereby amended to create a new Article II, Residential Densities, as follows (underlined type indicates additions and strilceent type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 115. It is intended that the text in Chapter 115,denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 115—VESTED RIGHTS ARTICLE II.-RESIDENTIAL DENSITIES Sec. 115-14. Purpose and Intent. (a) The city council recognizes that there are a number of residential condominium,townhouse, and other multi-family/apartment development projects legally existing within the City of Cape Canaveral on January 1,2016 that have approved and permitted residential densities greater than the maximum residential densities authorized by the current comprehensive plan of the city. (b) This article is adopted pursuant to the City's Comprehensive Plan, Future Land Use Element. POLICY LU-1.3.4,for purposes of providing certainty and predictability in the use and conveyance of land and interests therein, and protecting private property rights, of legally existing and completed residential condominium and townhouse projects legally existing on January 1,2016. City of Cape Canaveral Ordinance No.XX—2017 Page 2 of 8 (c) This article shall provide the procedure and terms and conditions under which the city council will determine whether to grant and issue a vested rights certificate vesting the residential densities of a completed residential condominium and townhouse projects legally existing on January 1,2016. (d) In addition, this article shall also provide a procedure and terms and conditions under which the city council may, in certain limited cases authorized herein for redevelopment projects, grant and issue a vested rights certificate vesting the residential densities of other multi-family/apartment development projects legally existing on January 1,2016. (e) Any vested rights certificate granted and issued by the city council pursuant to this article shall vest the residential density of the subject project regarding any other provision of the City's comprehensive plan,land development regulations,or code which the project would otherwise appear to be inconsistent. Sec. 115-15. Definitions. The following words,terms and phrases.when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Comprehensive plan shall mean the comprehensive plan for the City of Cape Canaveral, in accordance with the Community Planning Act (Section 163.3161 et. seq., Florida Statutes), as such plan may be amended from time to time. Condominium means that form of ownership of real property created pursuant to chapter 718, Florida Statutes, which is comprised entirely of units that may be owned by one or more persons, and in which there is,appurtenant to each unit,an undivided share in common elements. Existing Residential Condominium or Townhouse Project shall mean a residential condominium or townhouse project lawfully permitted within the City of Cape Canaveral that is legally existing on January 1.2016. Density means the number of legally permitted dwelling units within an existing development project/parcel,calculated in units per acre. Other multi-family/apartment development project means a multi-family residential development consisting of one or more buildings with two or more single-family dwelling units, any of which are intended for use as a private temporary residence,which are typically rented to a person(s)as an apartments not including condominiums or townhouses or units that are intended primarily for commercial or industrial use. Residential condominium project means a condominium consisting of two or more dwelling units,any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial. Residential townhouse project means one or more buildings consisting of two or more single-family dwelling units not exceeding three stories in height which is constructed in a series or group of attached units with property lines separating such units. Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls meeting the requirements City of Cape Canaveral Ordinance No.XX—2017 Page 3 of 8 for zero clearance from property lines as required by the type of construction and fire protection requirements;or shall be separated by a party wall. Each townhouse unit shall have a separate unit owner. Unit owner or owner of a unit means a record owner of legal title to a condominium or townhouse unit. Sec. 115-16 Residential Condominium or Townhouse Projects. (a) By [INSERT DATE FOR STAFF TO COMPLETE CATALOG OF PROPERTIES(,2017, the city manager shall present to the city council a written catalog of legally existing residential condominium or townhouse projects located within the City that have a residential density greater than the maximum density allowed under Comprehensive Plan,Future Land Use Element,POLICY LU-1.3.3. The catalog shall contain the following information regarding each project: (1) The name of the project; (2) The street address of the project; (3) A current photograph of the project inclusive of all existing buildings; (4) The legal description for the property/parcel; (5) The number of acres of the project/parcel; (6) The number of residential condominium or townhouse units and each unit number; (7) The density of the project stated in units per acre; (8) The name and address of the condominium or homeowners' association including the contact person and/or management company; (9) The name and address of each unit owner of the project; (10)A statement providing the factual basis upon which the city manager believes that the project's residential density should be vested pursuant to this article; (1 1)Any supporting information, including development orders and permits, contracts, letters, appraisals,reports,or any other documents,items or things upon which the city manager believes is necessary to demonstrate that a residential project should be vested pursuant to this article, if necessary;and (12)Any other information reasonably required by the city council. (b) Upon review of the catalog presented by the city manager in accordance with subsection(a),the city council shall issue a preliminary determination as to which residential projects listed in the catalog should have their residential density finally considered by the city council,at an advertised public hearing, for vesting pursuant to this article. (c) Upon issuing the preliminary determination,the city attorney shall prepare a resolution proposing to vest the residential density of the residential projects which were preliminarily determined by_the city council to warrant vesting under this article. The resolution shall be in a form approved by the city attorney consistent with the intent and purpose of this article. (d) The proposed resolution shall be considered for adoption by the city council at a public hearing. At least ten(10)days prior to the public hearing,the city manager shall publicly notice the resolution and public hearing in a newspaper of general circulation. The notice shall contain,at a minimum,the resolution title,a list of residential condominium or townhouse projects that are subject to the resolution,and the date, time, and location of the public hearing. In addition, the city manager shall provide written notice of the resolution and public hearing to the applicable condominium or homeowners' association. City of Cape Canaveral Ordinance No.XX—2017 Page 4 of 8 (e) At the public hearing, the city council shall accept testimony and evidence and consider the resolution prepared by the city attorney. Upon the conclusion of the public hearing,the city council shall deliberate and either approve,approve with modifications and/or conditions,or reject the resolution. (f) If the city council approves the resolution,the city manager shall have ninety(90)days to prepare a vested rights certificate for each residential condominium or townhouse project approved for vesting of residential density under the resolution. The certificate shall be in a form approved by the city attorney to allow the residential condominium or townhouse project's existing residential density to be vested and remain at or below the existing residential density for so long as the subject property remains in a condominium or townhouse form of ownership,as the case may be, notwithstanding any provision of the city's comprehensive plan or land development regulations with which the residential density would otherwise appear to be inconsistent. Each completed certificate shall be executed by the mayor and the mayor's signature shall be attested to by the city clerk,who shall also emboss the certificate with the City seal. (g) Vested rights certificates approved and executed in accordance with this article shall be recorded by the city clerk in the Official Public Records of Brevard County, Florida. Upon being recorded, the recorded vested rights certificate may be relied upon by the current and future owner(s) and mortgage holders of the subject property. (h) This section shall not be construed to vest a residential condominium or townhouse project from any provision of the city's comprehensive plan or land development regulations except for the existing residential density vested by the city council as set forth in the resolution. (i) Nothing in this section shall prohibit the unit owner(s)of the residential condominium or townhouse units to willfully and voluntarily reduce the number of residential units on the subject property or to dissolve and terminate the residential condominium or townhouse form of ownership on the subject property. However, any reduction in the number of residential units shall automatically reduce the number of vested residential units permitted on the subject property by the actual number of units reduced. In addition, the dissolution or termination of the condominium or townhouse form of ownership on the subject property shall automatically terminate the vested right certificate, and upon termination, the subject property shall be required to thereafter be in compliance with the existing residential density allowed under the comprehensive plan. Sec. 115-17 Other Multi-Family/Apartment Development Projects. (a) It is the intent and purpose of this section to provide a redevelopment incentive for properties with existing multi-family/apartment projects by providing a possible vested density bonus in excess of the maximum residential density permitted under the current comprehensive plan for new development (15 dwelling units per acre). (b) In furtherance of this incentive, an owner of a multi-family/apartment development project legally existing on January 1,2016 may apply for a vested rights certificate vesting the current residential density on the subject property in conjunction with, and conditioned upon the permitting of, a new, major residential and/or mixed use redevelopment project on the subject property approved by the City. Rehabilitation and renovation of existing structures shall not be eligible for vesting under this section. (c) The application shall be submitted for consideration to the city manager and city council in conjunction with at least a preliminary development permit application for the proposed redevelopment project and shall include the following minimum information: (1) The name of the existing project and proposed redevelopment project; (2) The street address of the project; City of Cape Canaveral Ordinance No.XX—2017 Page 5 of 8 (3) A current photograph of the existing project inclusive of all existing buildings: (4) The legal description for the property/parcel; (5) The number of acres of the project/parcel: (6) The number of residential multi-family dwelling units and each unit number; (7) The density of the existing project stated in units per acre; (8) The density bonus requested for the new, major residential and/or mixed use redevelopment project; (9) The name and address of the owner of the project and/or developer including the contact person for each entity or person; (10)At a minimum,a conceptual redevelopment site plan,drawn to scale and prepared by a licensed and duly qualified engineer or architect. Said plan shall also include a comprehensive set of proposed building elevations, in color, of all proposed buildings and substantial hardscape amenities. In addition, said plan shall include a proposed construction schedule including any applicable demolition and building plan,and an estimated construction budget for all anticipated new capital in building improvements and taxable personal property; (11)Any supporting information,including development orders and permits,studies,contracts,letters, appraisals, reports, or any other documents, items or things upon which the owner and/or developer believes is necessary to demonstrate that the existing residential densities on the subject property should be vested pursuant to this article in conjunction with the completion of a new, major residential and/or mixed use project:and (12)Any other information reasonably required by the city manager and city council. (d) Upon receipt of a completed application, the application for vesting shall be processed simultaneously with the underlying development permit application for the proposed new,major residential and/or mixed use redevelopment project through the applicable city land development review process, provided said project shall be subject to the approval of a development agreement by the city council.The development agreement shall be subject to negotiation by the city and the owner/developer and shall contain the required terms and conditions of the project and the residential densities vested by the city under this section. In all cases,the residential density vested rights granted under this section shall only vest at such time the residential units are constructed and a certificate of occupancy is issued. The development agreement shall be executed by the subject property owner and the mayor and the mayor's signature shall be attested to by the city clerk,who shall also emboss the certificate with the City seal. (e) The development agreement approved and executed in accordance with this section shall be recorded by the city clerk in the Official Public Records of Brevard County,Florida. Upon being recorded, the recorded the agreement and the residential densities vested under the agreement may be relied upon by the current and future owner(s)and mortgage holders of the subject property. (f) If the completed application is filed with the city within five (5)years from the effective date of this section ( , 2017), the new, major residential and/or mixed use redevelopment project may have a maximum residential density equal to or less than 100%of the preexisting residential density. After five(5)years but no more than ten(10)years from the effective date,the maximum residential density shall not exceed fifteen(15)dwelling units per acre or 75%of the preexisting residential density,whichever is greater. After ten(10)years,the maximum residential density shall not exceed fifteen(15)dwelling units per acre or 50%of the preexisting residential density,whichever is greater. (g) This Section shall not be construed to vest a new,major residential and/or mixed use redevelopment project from any provision of the city's comprehensive plan or land development regulations except for the existing residential density vested by the city council as set forth in the development agreement. City of Cape Canaveral Ordinance No.XX—2017 Page 6 of 8 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 Ordinance No. XX-2017 (Comprehensive Plan Amendment) becoming effective. In the event that Ordinance No. XX-2017 is timely challenged and does not become effective, this Ordinance shall be deemed null and void at such time it is determined during said challenge that Ordinance No. XX-2017 will not become effective. No development orders, development permits, or land use dependent on this Ordinance may be issued or commenced before this Ordinance has become effective. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2017. Bob Hoog, Mayor ATTEST: For Against MIA GOFORTH,CMC Mike Brown City Clerk Robert Hoog Brendan McMillin Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No.XX—2017 Page 7 of 8 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 8 of 8