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HomeMy WebLinkAboutP&Z Agenda Packet 11-15-2017 PLANNING & ZONING BOARD REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE November 15, 2017 6:00 P.M. 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 26, 2017 & August 2, 2017 2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 13-2017, Amending Chapter 66 and 98 of the City Code incorporating standards for the use of brick pavers in construction of driveways and driveway aprons - City of Cape Canaveral,Applicant. 3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. XX-2017, Amending Chapter 110 of the City Code to increase the maximum height for public or recreational buildings and structures—City of Cape Canaveral, Applicant. 4. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation Re: Site Plan Approval for the Cape Canaveral Radisson Master Site Plan, per City Code of Ordinances, Section 110-223 —Robert A. Baugher, Applicant. P &Z Board Meeting Agenda November 15, 2017 Page 2 of 2 REPORTS AND OPEN DISCUSSION: 1. Food Vending Trucks 2. Minimum Number of Hotel Rooms 3. Feather Flags 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 26, 2017 A Meeting of the Planning & Zoning Board (P&Z) was held on July 26, 2017, 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 ��� Ron Friedman Dr. John Fredrickson Albert Franks, Jr. MEMBERS ABSENT None. OTHERS PRESENT Anthony Garganese City Attorney David Dickey Community Development Director Patsy Huffrnan Board Secretary PUBLIC PARTICIPATION: None. F_ NEWS ,, NESS: 1. Approval of Meeting Minutes: June 28, 2017 & July 5, 2017. Motion by Mr. Friedman, seconded by Mr. Franks to approve the Meeting Minutes of June 28, 2017 and July 5, 2017. Vote on the motion carried unanimously. 2. Interview & Recommendation to City Council Re: Potential Board Member — Dr. Michael Miller. Dr. Miller stated he has lived in Cape Canaveral for the past 23 years,recently retired and applied to volunteer as a Board Member since he now has the time. Discussion ensued to consider all three (3) candidates that have applied for one (1) vacancy. City Attorney Garganese explained the nomination process. Board members Dr. John Fredrickson, Albert Franks and Harry Pearson nominated Omar Capellan;Ronald Friedman,Lamar Russell and John Price nominated Antonio Alban.Vote was 3-3.Dr.Miller did not receive a nomination.Board Planning& Zoning Board Meeting Minutes July 26, 2017 Members requested the nominated candidates give a brief narrative why they wished to volunteer for P&Z Board. Lamar Russell changed his nomination to Omar Capellan. Motion by Mr. Russell, seconded by Mr. Pearson to recommend to City Council to appoint Omar Capellan to fill the vacancy on the P&Z Board. Vote on the motion carried unanimously. 3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Site Plan Approval for RaceTrac, per City Code of ordinances, Section 110- 223—Bryan Potts, P.E., Applicant—8899 Astronaut Boulevard. Mr. Dickey presented Staff's report/photos. He explained the project was recommended for approval by Community Appearance Board, existing building would be demolished and a new 5,411 square foot retail convenience store will be built to include 20 fueling pumps instead of 24 existing. Mr. Potts explained the canopy over the fueling station would be torn down and rebuilt to accommodate less fueling stations,pumps will remain in the same location and new fuel tanks will replace old tanks. Motion by Mr. Friedman, seconded by Mr. Pearson to recommend approval to City Council. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Staff gave an update for both Oceanside Distillery and Twistee Treat. ADJOURNMENT: Motion by Mr. Russell, seconded by Mr. Friedman to adjourn the meeting at 6:46 p.m. Vote on the motion carried unanimously. Meeting reconvened at 6:48 p.m. by Mr. Price to discuss agenda packet handout for upcoming P&Z Meeting on August 2, 2017. Motion by Mr. Friedman, seconded by Mr. Price to re-adjourn the meeting at 6:58 p.m. Vote on the motion carried unanimously. Approved on this day of , 2017. John Price, Chairperson Patsy Huffman, Board Secretary 2 PLANNING &ZONING BOARD MEETING MINUTES August 2, 2017 A Meeting of the Planning & Zoning Board (P&Z) was held on August 2, 2017, 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 Ron Friedman Dr. John Fredrickson MEMBERS ABSENT Albert Franks OTHERS PRESENT Kristin Eick Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary Omar Capellan Board Appointee PUBLIC PARTICIPATION: None. NEW BUSINESS: 1. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Atlantic Breeze Mixed-Use Concept Plan approval, per City Code of Ordinances, Section 110-741 — Bob Scales/Jeff Wells, Applicant— Parcels #24-37-14-00- 520 & 24-37-14-00-548. Mr. Dickey presented Staffs report/photos. He addressed the following: location of the property; types of surrounding properties; EOOD requirements to include step-back due to proposed height of the building; definition of mixed use; need for a Development Agreement (PD) and request by Applicant for a "binding" concept approval. The Community Appearance Board recommended approval on July 19, 2017, for both design and building height. Staff explained the two (2)handouts presented to Board Members at the beginning of the meeting to include: draft Development Agreement and a Memo dated August 1, 2017, regarding Atlantic Breeze Concept PD Approval. Mr. Dickey further explained a PD is an agreement between the Planning&Zoning Board Meeting Minutes August 2, 2017 City and the developer which addresses acquisition of property; permitted uses to include retail shops,personal/professional services and restaurants;number of residential units;building height; electric automobile recharge stations; bicycle parking; off-street parking reduction; outdoor dining/entertainment will be allowed on private sidewalk (patio) and parking lot lights to use solar/LED technology. Due to the binding nature of the Concept Approval request, it is proposed that the Board consider additional criteria as part of its deliberations to include numbers (1), (4), (9) and (10) on page 2 and 3 of the August 1, 2017, Memo. Assistant City Attorney Eick detailed the reasons for the PD due to the "binding" concept plan regarding future development of the property which, once recorded, would be binding to future purchasers/successors to the property. Assistant City Attorney Eick addressed highlights of the agreement. Assistant City Attorney Eick swore in Bob Scales,the Applicant. Mr. Scales spoke of the aesthetic aspects of the project to include elevations, colors and materials; preserving trees on site; ground floor will be retail; anticipated square footage; sidewalk for a pedestrian friendly environment and daytime parking vs nighttime parking. Discussion ensued to include whether the project is viable; reasons to reduce parking; step back will reduce massing of building and present the potential for a non-projected balcony; clarification of a"binding"concept plan; parking in front of building;landscape to parking ratio;density(17.5 units per acre); size of parking spaces and restaurant seating affecting number of parking spaces. Staff explained the request for Concept Plan approval in no way replaces the process for Site Plan approval,which will look at all the criteria in greater detail. Assistant Attorney Eick gave further clarification of mixed use/Planned Development/zoning and density as it pertained to this request. Motion by Mr.Pearson,seconded by Mr. Russell to recommend approval of both the Concept plan and draft Development Agreement with the correction (page 7, paragraph 1) three (3) five (5). Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Dr. Fredrickson wished to compliment the City for completion of N. Atlantic Avenue and how beautiful it looked. ADJOURNMENT: 2 Planning & Zoning Board Meeting Minutes August 2, 2017 Motion by Mr. Friedman, seconded by Mr. Russell to adjourn the meeting at 7:20 p.m. Vote on the motion carried unanimously. Approved on this day of , 2017. John Price, Chairperson Patsy Huffman, Board Secretary 3 City of Cape Canaveral s • • Planning and Zoning Board Meeting Date: 11/15/2017 Item No. 2- Subject: Subject: An Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida, creating new Sections 66-28 and 66-29 of the City of Cape Canaveral Code of Ordinances and amending Section 98-92 of the Cape Canaveral Land Development Code; incorporating standards for the construction of Highways, Streets, Roads, Alleys, Curbs, Gutters, Sidewalks and Driveway Aprons in Chapter 66 of the Code of Ordinances; allowing for the use of Brick Pavers in construction of Driveways and Driveway Aprons and establishing construction standards therefor; 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: From time-to-time, property owners inquire with City Staff about the possible use of brick pavers in their driveways/sidewalks/aprons. However, from a technical standpoint, the City Code only provides for the use of pavers in construction authorized under the City's subdivision process. Most of the construction activity occurring in the City is done outside the subdivision process, which is outlined in Chapter 98 of the City Code. To clarify the intent of the Code, it is proposed that the specifications and standards related to brick pavers contained in Section 98 be referenced in Chapter 66. The Section 98 standards are those promulgated by the Florida Department of Transportation. Chapter 66 is related to streets, sidewalks and other public places and applies to all construction activity occurring in the City. This will provide Staff and property owners with standards related to brick paver installation. As proposed in the draft ordinance, a property owner will be required to obtain a permit from the City to include the execution of a Right-of-Way Use Agreement that will establish the terms and conditions under which the brick pavers will be installed and maintained. This Agreement will be recorded with the Clerk of the Court and will stipulate that the property owner will be responsible for the perpetual maintenance of the pavers. Note that Staff is recommending that pavers not be permitted on sidewalks in the public right-of-way. This is to maintain continuity of concrete sidewalks throughout the City. Attachment: 1 —Ordinance No. 13-2017 The CD Staff recommends that the Planning and Zoning Board take the following action: Recommend approval of Ordinance No. 13-2017 to the City Council. Approved by CD Director: David Dickey Date: 11/15/2017 ORDINANCE NO. 13-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CREATING NEW SECTIONS 66-28 AND 66-29 OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES AND AMENDING SECTION 98-92 OF THE CAPE CANAVERAL LAND DEVELOPMENT CODE; INCORPORATING STANDARDS FOR THE CONSTRUCTION OF HIGHWAYS, STREETS, ROADS, ALLEYS, CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAY APRONS IN CHAPTER 66 OF THE CODE OF ORDINANCES; ALLOWING FOR THE USE OF BRICK PAVERS IN CONSTRUCTION OF DRIVEWAYS AND DRIVEWAY APRONS AND ESTABLISHING CONSTRUCTION STANDARDS THEREFOR; 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 of the City of Cape Canaveral desires to have safe and efficient driveways and driveway aprons to support vehicular traffic, bicycles and the pedestrian public and has determined that driveways and their aprons contribute to the general quality of life for the residents of Cape Canaveral; and WHEREAS,the City Council of the City of Cape Canaveral desires to update the existing City Code related to driveways and driveway aprons to ensure that the Code provides the construction and design specifications needed to safely and efficiently accommodate the City's vehicular traffic,bicycles and pedestrian public; and WHEREAS,the City Council of the City of Cape Canaveral desires to further incorporate already-existing standards for the construction of highways, streets, roads, alleys, curbs, gutters, sidewalks, and driveway aprons in Chapter 98 of the Code of Ordinances related to subdivisions into Chapter 66 related to streets, sidewalks, and other public places; 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,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. City of Cape Canaveral Ordinance No. 13-2017 Page 1 of 4 Section 2. Amendment to City Code.Chapters 66 and 98 of the City Code are 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 Chapters 66 and 98). It is intended that the text in Chapters 66 and 98, denoted by the asterisks and set forth in this Ordinance,shall remain unchanged from the language existing prior to adoption of this Ordinance: Chapter 66—STREETS. SIDEWALKS,AND OTHER PUBLIC PLACES * * * ARTICLE II.—STREETS * * * Sec. 66-28.—Construction. Specifications for the construction and repair of any highways,streets,roads, alleys,curbs, gutters, sidewalks, and driveway aprons shall be as prescribed in Chapter 98 of this Code. Sec. 66-29.—Brick Payers. It shall be unlawful for any person to install brick pavers in or upon any driveway or driveway apron,unless such person shall first have obtained a permit from the City. Permits issued pursuant to this section shall expire 90 days after issuance. Driveways and driveway aprons constructed of brick pavers shall be installed and conform to the"Standard Specifications for Road and Bridge Construction," latest edition, as prepared by the state department of transportation. Any property owner desiring to install brick pavers in or upon a driveway apron shall be required to execute a Right-of-Way Use Agreement granting the property owner permission to install the brick pavers and establishing the terms and conditions under which the brick pavers will be installed and maintained. Brick pavers shall not be permitted to be installed or maintained on sidewalks. Chapter 98—SUBDIVISIONS * * * ARTICLE I.-IN GENERAL Sec. 98-1.-Definitions. * * * The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * City of Cape Canaveral Ordinance No. 13-2017 Page 2 of 4 Brick pavers(also referred to as paving stones or paver blocks)means a vitrified clay brick, stone, tile or brick-like concrete commonly used in the construction of pavement surfaces. * * * ARTICLE IV - IMPROVEMENTS DIVISION 1. GENERALLY * * * Sec.98-92.— Streets. * * * (u) Driveway aprons shall be a minimum of six inches thick, 3000 psi concrete, with six by six #ten, welded wire mesh. Driveways shall be a minimum of three and one-half inches thick, 3000 psi concrete, with a six by six #ten welded wire mesh or with polypropylene fibers ("Fibermesh"). Driveway aprons and driveways constructed of brick pavers shall be installed and conform to the "Standard Specifications for Road and Bridge Construction," latest edition, as prepared by the state department of transportation. Applicants desiring to install brick pavers in or upon a driveway apron shall be required to execute a Right-of- Way Use Agreement granting the applicant permission to install the brick pavers and establishing the terms and conditions under which the brick pavers will be installed and maintained. * * * 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. 13-2017 Page 3 of 4 ADOPTED,by the City Council of the City of Cape Canaveral, Florida,this day of , 2017. Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob 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. 13-2017 Page 4 of 4 City of Cape Canaveral thA Planning and Zoning Board Meeting Date: 11/15/2017 %Orr- Item No. 3 Subject: An Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida, amending Section 110-296 of the land Development Code to Increase the Maximum Height for Pubic or Recreational Buildings and Structures located on Properties with a Future Land Use Designation of Public/Recreation to 35 Feet; 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: Sec. 110 of the City Code includes the City's zoning regulations which establish rules and regulations for the various zoning districts. Each of the districts include a list of permitted and accessory uses, special exceptions and district specific dimensional standards. Dimensional standards include minimum lot sizes,lot width and depth requirements,maximum lot coverage percentage, setbacks, minimum living areas and maximum height allowances. These standards are in large part dictate the intensity of a land use and to ensure compatibility between uses. As indicated above, each district includes a standard that sets a maximum height for any structure. Sec. 110-471 of the City Code includes specific exceptions to the height limitations. Exceptions include spires, belfries, cupolas, antennas, water tanks, solar panels, ventilators, chimneys, elevator equipment, air conditioning equipment or other equipment required to be placed above the roof level and not intended for human occupancy. At its most recent retreat for the 2017/18 FY, the City Council indicated an interest in the construction of a new, Multi-Generational Center (Center) located at the Canaveral City Park. The Center can be a catalyst for community health and engagement. Desired community amenities for the facility have been expressed and include indoor basketball/volleyball, fitness area, youth/teen area,banquet/gathering area, and indoor walking path. The Center is proposed to be two stories and includes approximately 18,000 square feet. The preliminary design/concept of the park redevelopment—including the Center- is shown on the attached site drawing. The challenge is that the Center will be approximately 35 feet in height, which is in excess of the 25 feet allowed by the property's zoning designation of R-2. To address this issue, the attached ordinance would increase the allowed height to 35 feet for public or recreational buildings and structures which are zoned R-2 and have a Future Land Use (FLU)designation of Public/Recreation(PUB).A FLU map showing properties in the City with a PUB designation has been included to show the impacts of the proposed revision. Attachments: 1 —Ordinance No. XX-2017 2—Canaveral Park Aerial 3 —Future Land Use Map Planning and Zoning Board Meeting Date: 11/15/2017 Ordinance No. XX-2017 Page 2 of 2 The CD Staff recommends that the Planning and Zoning Board take the following action: Recommend approval of Ordinance No. XX-2017 toot the City Council. Approved by CD Director: David Dickey 4.. `/ Date: 11/9/2017 ATTACHMENT 1 ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING SECTION 110-296 OF THE LAND DEVELOPMENT CODE TO INCREASE THE MAXIMUM HEIGHT FOR PUBLIC OR RECREATIONAL BUILDINGS AND STRUCTURES LOCATED ON PROPERTIES WITH A FUTURE LAND USE DESIGNATION OF PUBLIC/RECREATION TO 35 FEET; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 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, Section 110-296 of the City of Cape Canaveral's Land Development Code ("Land Development Code") provides that the maximum height shall not exceed 25 feet in the R-2 medium density residential district; and WHEREAS, Section 110-251 provides that no building or other structure shall be erected or altered to exceed the maximum height in the applicable zoning district; and WHEREAS, exceptions to the maximum height are only permitted by variance or by Section 110-471 for spires, belfries, cupolas, antennas, water tanks, solar panels, ventilators, chimneys, elevator equipment, and air conditioning or other necessary equipment rooms usually required to be placed above the roof level and not intended for human occupancy; and WHEREAS,public and semipublic parks,playgrounds,playfields and recreation facilities are a permitted use in the R-2; and WHEREAS, the land upon which Canaveral City Park, the Brevard County Public Library, and Cape View Elementary School is located has a future land use designation of Public/Recreation and is zoned R-2; and WHEREAS,the City desires to amend Section 110-296 to allow for a maximum height of 35 feet for public or recreational buildings and structures on properties with a future land use designation of Public/Recreation (PUB) within the R-2 zoning district; and WHEREAS, the City Council has determined that this amendment will allow building of larger public or recreational facilities that will promote the residency of families and enhance and maintain the residential character and integrity of the R-2 zoning district in accordance with the intent of the district; 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. City of Cape Canaveral Ordinance No. -2017 Page 1 of 4 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 VII.—DISTRICTS * * * DIVISION 3.—R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT * * * Sec. 110-296.—Area and dimension. In the R-2 medium density residential district, the following area and dimensions shall be required: (1) Minimum lot area shall be as follows: a. One- and two-family, 7,500 square feet. b. Multiple-family, 10,000 square feet. (2) Minimum lot width shall be 75 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 35 percent. (5) Minimum living or floor area shall be as follows: a. One-family, 1,100 square feet per dwelling unit. b. Two-family, 750 square feet per dwelling unit. c. Multiple family, as follows: 1. Efficiency, 450 square feet per dwelling unit. 2. One bedroom, 650 square feet per dwelling unit. City of Cape Canaveral Ordinance No. -2017 Page 2 of 4 3. Two bedrooms,additional bedrooms,750 square feet per dwelling unit(plus 200 square feet for each additional bedroom). (6) Maximum height shall not exceed 25 feet, except that maximum height of public or recreational buildings and structures on land with a future land use designation of Public/Recreation (PUB) shall not exceed 35 feet. (7) Maximum length or width of a structure shall not exceed 185 feet. 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2017. 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: City of Cape Canaveral Ordinance No. -2017 Page 3 of 4 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. -2017 Page 4 of 4 6,13. Attachment 2 A _____. ` City of Cape Canaveral ; .� CAR O/VIAVEIMI. Future Land Use Map �„,I Orr ar 1 any ram on —t1 f".............. / I kit /I \ .,. ., '''''.-1 4/ Ai im Iwo I fp 1--- ,!,_ ....._... ,,a,/, .... _ . ,,, i . g , . : ,/, fiLi ,,,r4 4111* J ,. .„ „ I .aii: ovehim- i „., ........_ , rmim. ,, _4_4 ,...,1,41 .. i ..„... .'r ... 4 i t, \ 1 ____,. . _ _ 4 , i . .. i , _______I & , , ......... . ..... ` ...<.....4,d\\ .. N____ ...j g Legend 1 .. wmole Future Land Use MI Cl Commercial 1� r / C2 Commercial " ^^ sass , _....4 -CON Conservation -Ml bdustdal I ..... PuBMEC Public/Recreation ..^ II Rt Residential R2 Residential R3 Residential .....» s Street Legend 101111111.11'-- A Clara Elizabeth Lane i; f B Maple Court t C Palm Way ___t D Croton Court _ E Oleander Court w. - MN ......... F Coquina Lane G Camelia Court law ...e.e H Jasmine Court ,.Y I Honeysuckle Way ._e,._. J Intrepid Way ..�; � K Aquarius Way - - ,,,_,,,,, L Tranquility Way t N M Shuttle Way """""" N Falcon Way „_,_, 0 Coconut Street City of Cape Canaveral .� Future Land Use Map ;I Map Prepared by ` 1.e.. Miller Legg 8 Associates,Inc. MILLER LEGG ` ^"� Julyot,2008 Prom,i.no..c coeeu.n o• uun.<..ruov.•r. y,'.`... ass G„o.Cape Cr.hnl Brevare County C..wnneni ATTACHMENT 3 m. -- al m x Z 0 D r,: 70 �:z! ;rte \t\q w E Z 1if • C '' . O _"I I �c ' a . 54 to 70 4 r %'. ` / o 4 , I r' 4 p , , \ Ai,s. NOP A * / ' . l• " ' Fl $4 I 0) . i # ....1 % /11061‘ . ...l'ek ,,, tit/ ''''' • t 1 r N �r •�ti A-f , , �. \4 , 11 ',Illi g • 1\ A Ilt ‘` 0! I '-' *-4 4 , ' \ ' 7- ; , ' ' loofa # .,( v_ , 41 ", > - _ ihJ ) , . • �o. rt r, 00, ` , , sf i" ' i iir =a . D S �, - ,fir i 1 Z D ! ` 'fir A , . . , , D ^ \< 73A'a1 ,r- ti,� ,�, / , ,, ., ,• .\ )4,,, g ‘010i,.4 k i't . . . r. \i'„ 11.., * ''', IL, if . ' ''''' ill, ,- N ' • ' 4111 • it• -t s / 14„. *f . / 4 \ T ' ' ' ' 4 . / /7 jo a S 0 4 : ' ' City of Cape Canaveral ; Planning and Zoning Board Meeting Date: 1 /15/2017 Item No. Subject: Request for Approval for Phase 1 of the Cape Canaveral Radisson Master Site Plan located on W. Central Boulevard (Parcels #24-37-15-00-766/767/828/838), north/west of the existing Radisson Hotel. Department: Community Development (CD) Applicant/Owner: Robert A. Baugher/Port Hospitality Group, Inc. Summary: This request is for Approval of Phase 1 of the Cape Canaveral Radisson Master Site Plan for property located on W. Central Boulevard, north/west of the Radisson Hotel (Attachment 1). The site plan includes two 6-story structures on a 6.36 acre parcel that is zoned C-1. The proposed structures are 65 feet in height and include a total of 301 rooms. Note that the"west"hotel will be initially constructed, followed by the"east"hotel. As required by Section 110-221(1) of the City Code, any new commercial development must submit an application for Site Plan Approval and be approved prior to its construction. Section 110-223 establishes the process that must be followed. 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 CD 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 inventories the submittal's consistency with these criteria. Pedestrian walkways are shown to the east and north of the buildings to provide access to the sidewalk along W. Central Boulevard and Astronaut Boulevard. Parking in located throughout the property. City Code requires 327 spaces. The project includes 320 standard and 12 handicap spaces. Access to the site is provided by 2 driveway cuts on W. Central Boulevard and 2 driveway connection to the adjacent Radisson project. A traffic analysis for the project was completed in October of 2017 by McMahon Transportation Engineers & Planners. The project is projected to generate 2,685 daily trips, of which 211 will occur in the in PM peak hour. The report indicates that the analyzed road segments are expected to operate at an acceptable level of service when the projected traffic from the hotel is added to background (existing) counts. Sections 110-567 and 110-687 of the City Code contain landscaping requirements that the project will be required to meet. Specifically, standards for tree planting throughout the parking area and around the perimeter of the project. As the property is within the AlA Economic Opportunity Overlay District, the project will also need to meet certain architectural/site design guidelines applicable to development within this area. Notably: Planning and Zoning Board Meeting Date: 11/15/2017 Site Plan Approval—Cape Canaveral Radisson Master Plan Page 2 of 3 Sec. 110-623. - Building orientation. Buildings shall be oriented towards AlA,N. Atlantic Avenue and Central Boulevard as well as adjacent cross-streets in order to encourage pedestrian activity along the sidewalks of AlA, N. Atlantic Avenue and Central Boulevard and to facilitate pedestrian access to and from the sidewalk to adjacent properties. Sec. 110-629.- On-site circulation. (1) Provide easy sidewalk access for pedestrians by locating vehicle access and loading areas where there will be minimal physical or visual impact on pedestrians, the flow of traffic, and/or adjacent uses. a. All vehicular entrances shall,to the maximum extent possible,be located off of a side street or an alley in order to minimize pedestrian and vehicular conflicts. b. Walkways for pedestrian access shall be provided between parking areas and the project. c. Passenger loading zones located on the street shall not impede foot traffic or sidewalks. d. Parking lots and structures shall be designed to provide safe pedestrian circulation between parked vehicles and the primary building through the use of clearly marked pedestrian walkways, stop signs, speed bumps, lighting, or other similar measures. e. Pedestrian and vehicular connectivity shall be provided between parcels and a reduction to the need for additional, future curb cuts, and other means of cross access to adjacent parcels shall be encouraged. Sec. 110-669.- Surface parking. (1)Locate surface parking in the rear or side of buildings and provide pedestrian access from the parking to the building and street. However, due to the nature of certain uses, the director of community development or designee may approve up to one row of parking between the front of a building and street. a. A surface parking lot adjacent to a public street shall conform to the landscape requirements detailed in division 6 of this article. Sec. 110-689.- Surface parking lots. (1) Buffer off-street parking adjacent to a public right-of-way or residential buildings or residential zoned property with a landscaped barrier. a. Interior landscaping for off-street parking shall conform to the requirements of section 110-567 of this Code. b. Minimum landscape buffer width between the right-of-way and the parking or vehicular access area along AlA, Central Boulevard, and N. Atlantic Avenue shall be ten feet and five feet along all other streets. c. A knee wall which is at least 30 inches in height is required when an off-street parking area is located within 25 feet of the public right-of-way. d. A continuous landscape berm at an average height of 30 inches from grade may be permitted in lieu of a required knee wall. e. A knee wall or berm may be, staggered,meandering or continuous. f. A knee wall or berm shall not obstruct any safe sight distance triangle. Planning and Zoning Board Meeting Date: 11/15/2017 Site Plan Approval—Cape Canaveral Radisson Master Plan Page 3 of 3 g. A knee wall shall be compatible with the architectural design, material, and color of the principal building of the project. h. Lighting shall not be used to create an attraction, distraction,or commercial signage intent to the wall or berm. i. For the purpose of this standard, a mixed-use building which includes residential units shall not be defined or categorized as a residential building. Water will be provided by the City of Cocoa and the City of Cape Canaveral will be the wastewater provider. Stormwater will be treated with retention tanks and underdrains throughout the site. As required by Section 110-606, the Community Appearance Board, on August 16, 2017, approved a Level 1 review for the proposed "west" hotel as well as approval to construct to a height not to exceed 65 feet. Prior to construction, similar approvals will be required for the "east"hotel. The remaining approvals needed include an administrative Site Development Permit and Concurrency review.All City development standards will be implemented during the permitting phase. Submitting Director: David Dickey Date: 11/8/2017 Attachments: 1 —Location Map 2 - Site Plan Application/Checklist 3 — Site Plan Set(Full Size) The CD Staff recommends that the Planning and Zoning Board take the following action: Recommend approval to the CD Director of Phase 1 of the Cape Canaveral Radisson Master Site Plan, as generally indicated in Attachment 3 of this report, for the Cape Canaveral Radisson Master Plan for property located on W. Central Boulevard. Attachment 1 .• iria.Q. - at- • llikt ,-N\ -, ' # , * ,, ' . IL.'"/14#11, *-4 .:1-•;-. Illg • - .,-*- ---111.1"—_—.."-----11.1k-- _ '_ • ( g rt • lir tw fungi!vttri, -4. � '" ,'" •!i rpnn ! r' • •y ipv t .+ .p✓ �t11 r,aflTt�a\��, " . —E-ape Canaveral` ATTACHMENT 2 APPLICATION FOR SITE PLAN REVIEW FEE: 3 '70. J 6 DATE: Q'C251/7 Rt,c,e l Cie) Nn&-s Pit- PROJECT NAME: 5f r, k:1( 5 u.+4-es is i jeA LEGAL DESCRIPTION: MLQI/ItAA+s I d f OWNER(S) NAME: aloe / (c- , u c OWNER(S) ADDRESS: ZZt s 5 4-g,,,-4,--, `t, OWNER(S) E-MAIL: t a u-c/Re,fp cot bo--6, t r,n.Y Az,b,,,,,1-- e c.0t0k2AcA �:;;7.cc--. PHONE NUMBER: (OFFICE) 3 ,,-7$ -2318 (CELL) 37.1--&`l -o i q S NAME OF ARCHITECT/ENGINEER://44- Z5,'qk l cx< <a PHONE NUMBER: (OFFICE) 3v •7 ,- 0 3/ (CELL) AGENT/APPLICANT NAME: /3b 4 �F,uq/Ler PHONE NUMBER: 3z1.4e 93. 190 Tr EMAIL: h�cs-u7 - Q 56,(4,-cf 1 AGENT/APPLICANT SIGNATUR D kt--1E ii\',Zi La:n ,,,_j l SEP 2 5 2017 !s 1 COTe DEV, DEPT / 1 LEGAL DESCRIPTION PARCEL 101 A parcel of land that lies Westerly of the Southwesterly right of way line of STATE ROAD A-1-A and Southerly of the South right of way line of CENTRAL BOULEVARD, said parcel lies in Section 15, Township 24 South, Range 37 East,City of Cape Canaveral,Brevard County,Florida,the same being more particularly described as follows: Begin at a point on the aforesaid Southwesterly right of way line of STATE ROAD A-1-A said point being the most Easterly point of that certain parcel of land described in Official Records Book 3112 at Pages 1927 and 1928 of the Public Records of Brevard County, Florida;thence run S 52°41'15"W along the Southeasterly line of the lands described in Official Records Book 3112 at Pages 1927 and 1928 for 174.95 feet;thence continuing along Southwesterly boundary line of the lands described in Official records Book 3112 at Pages 1927 and 1928 run N 37°19'24"W for 112.53 feet to a point on the Southeasterly right of way line of CENTRAL BOULEVARD a 100 foot wide right of way,;thence run the following courses along the Southeasterly and then Southerly right of way of CENTRAL BOULEVARD; S 62°39'38"W for 209.12 feet to a point of curvature of a circular curve to the right; thence run southeasterly along the arc of said curve having a radius of 661.05 feet through a central angle of 27°53'50"for an arc distance of 321.9 feet to a point of tangency; thence run N89°31'30"W for 364.48 feet to a point on the Northeasterly boundary line of BAY SIDE CONDOMINIUM,PHASE 1, according to the declaration described in Official Records Book 4605 at Page 3849 together with any amendments;thence run S37°20'35"E for 590.29 feet;thence leaving said Northeasterly boundary line rum N52°38'52"E for 959.59 feet to a point on the Southwesterly right of way line of STATE ROAD A-1-A;thence run N 37°17'47"W along said right of way line for 87.90 feet to the Point of Beginning, said parcel contains 6.47 acres more or less. An41., MOTT a A q Drawn by: D.ROSS _Cdniti Scale'1"=100' Lig Certified to: Bob Bougher Date: I hereby certify that the survey shown hereon is min and correct based on actual measurements taken in the 115.Unna Bh d..Suit:102 field.This survey meets the Minimum Technical Standards as set forth by the Florida Board of Professional Project 4 .Sfailing Address:P.O.Bev 541966 Land Surveyors found in Chapter 51-170/5.Florida Administrative Code,pursuant to Section 472.027. Merritt Island,FL.32954 Florida Statutes. Page:2 of 2 Phone:(3211514.612t) LICENSED BUSINESS 47975 UNLESSRIGINL RS THE SIGNATURE AND DATE REVISIONS OLICENSED RAISED SEOR A DF A FLORIDAFPPERT LICENSED SURVEYOR AT MAPPER THIS John R.Campbell DRAWING,ONAL P,PIATES MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT Professional Surveyor&Mapper 42351 VALID State of Florida SITE PLAN CHECKLIST The following checklist has been prepared to assist in preparation of a required site plan. Please see Sec.110-222 of the City Code for a complete list of site plan criteria. The drawing must be sealed and 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: Site Plan Information: (General) Yes No N/A XSize, height, number of units and location of proposed and existing structures. Dimensions. Total gross area and percentage devoted to structures, parking and landscaping. Number of units. _ _ Traffic flow diagram to include total number and size of parking spaces and loading zones. Density (units per acre). Location and dimension for the following areas: (If applicable) Park(s) X Canal(s) Waterway(s) Boat slip(s) 3 Yes No N/A XParking Swimming pool(s) X Driveway(s) Recreation Trash Sidewalks XDune crossover(s) X Other (specify) Type of enclosure for communal trash container(s) Fire alarm and standpipe data — — Vicinity map Location of planned landscaping Finished grades for the following: Entire parcel Finished floors Streets Parking lots Sidewalks 10" of adjoining property 4 Details, Sections, and Specifications: Yes No N/A Street lights Water and sewer Paving and drainage — Curbs — — Storm drains — — Sidewalks Engineer's seal on drawings Square footage of building areas: Living ` Parking X Other (specify) Total under roof Required notes: Sidewalk and sanitary sewers to be constructed to City of Cape Canaveral standards. Water lines to conform to City of Cocoa standards. Fire alarm system to be installed and connect to City of Cape Canaveral Fire Department standards. I 5 Topographic Survey: Yes No N/A USC and G.S. datum plane Existing street lights Storm drainage design calculations. Coastal construction setback line, where required. Ten (10) hard copies of the drawings must be submitted with the application as well as in electronic format (.pdf). I 6 City of Cape Canaveral r A r Planning and Zoning Board Meeting Date: 11/15/2017 Item No. Subject: Items to be discussed:mobile food vending trucks;minimum number of hotel rooms;and feather flags. Department: Community Development (CD) Applicant/Owner: n/a Summary: From time-to-time issues present themselves that need to be properly vetted prior to Staff drafting formal policy language. Recently, the following items have become topics of discussion: • Mobile Food Vending - Over the past 12 months the City has experienced a spate of requests to allow the establishment and operation of mobile food vendors. The current Code of Ordinances does not provide specific regulation of this use other than to require the vendor to obtain a Business Tax Receipt prior to operation. This situation may preclude the consistent and thorough regulation of mobile food vendors. Staff is requesting input from the P&Z Board to determine if this use is supportive of community goals and if so, to assist in framing regulations governing mobile food vendor operations. Regulations could include the following provisions: o Provide definitions of Mobile food vendor and vehicle; o Require that mobile food vending vehicles be self-sufficient and prohibit utility hookups. Wastewater shall be prohibited to be dumped on site; o Limit vending activities to certain zoning districts; o Require authorization from the property owner; o Restricts vending activities within certain distance requirements from intersections; o Require the availability of public restrooms; o Limit vending in the City to certain time periods; o Prohibit vending within certain distances of any school and/or within certain time periods; o Prohibit vending from certain areas including any vacant lot, public street or sidewalk; o Require that any vendor acquire the appropriate approvals including a City Business Tax Receipt, County Health Department license, proof of insurance that indemnifies the City; and o Requires the appropriate disposal of any wastewater generated by the vending activity. • Minimum Number of Hotel Rooms - Since its incorporation,the City has regulated the minimum number of rooms that a hotel must include. In 1962, the Zoning Code defined a hotel as any building(s) containing accommodations for 25 or more guests. In 1971, hotels were required to have a minimum of 30 dwelling units, provided, however, that there would not be more than 55 units per net acre. In 1985, the City first established the 150 room minimum requirement. From a review of reports and meeting minutes, it appears that the impetus for establishing the 150 room standard was to ensure that projects were well capitalized and that competent, experienced groups would be involved in the proposed project. The Council was asked to consider an ordinance in 1997 to reduce the minimum number of units from 150 to 75. The Council declined to take action on the ordinance. Members express concerns ranging from higher crime, additional signage and undesirable appearance of small hotel/motels. Planning and Zoning Board Meeting Date: 11/15/2017 Discussion Items Page 2 of 3 In 2012, the City Council adopted the AlA Overlay District, which maintained the 150 room standard, but dropped the requirement for a hotel project to be constructed on a minimum of 5 acres. Since that time, only one project, the Homewood Suites, has been built. That project included 154 rooms on 3.54 acres. This standard continues to be a topic of discussion among development interests,property owners and City Staff. At least three hotel projects, within the Astronaut Boulevard corridor, have been proposed in the past 6 months with less than the 150 room standard. These include a Holiday Inn, a Tru by Hilton and a Home2 Suites (Hilton). One of the factors for the interest in smaller properties is the majority of parcels that can easily accommodate 150 rooms or more have been developed. A hotel site needs to include areas for stormwater,parking/drive aisles,landscaping and amenities. In other words,the low-hanging fruit with respect to hotel sites,has been picked. Owners of existing hotel projects within the City argue that it would not be fair to reduce the minimum room requirement as they were required to meet the standard. It is also important to note that there are currently three (3) additional hotels that are progressing through the City's approval process that meet the minimum room requirement. These include a 151-unit Springhill Suites on W. Central Boulevard and a dual-flagged, 224-unit (Home 2 and Hampton Inn & Suites) project off Astronaut Boulevard. Although the local economy/market will ultimately dictate where and how many hotel projects are built in the City, some degree of public involvement is appropriate to ensure community interests are advanced. For this purpose, the P&Z Board is asked to provide guidance on the nature (size) of future hotel projects. • Feather Flags — In September of 2014, the City Council adopted Ordinance No. 08-2014, which significantly retooled the City's Sign Ordinance. One of the policy revisions was to add feather flags to the list of banner signs and also indicate that banners could only be displayed once a year for a period not to exceed 30 consecutive days on nonresidential property. The following graphic is an example of typical feather flag signs. 15' 10' r -T1(11711 5 Planning and Zoning Board Meeting Date: 11/15/2017 Discussion Items Page 3 of 3 Recently, several small business owners have approached the City regarding the year-round use of feather flags for purposes of advertising their businesses. Currently, this type of sign can only be used once a year for 30 consecutive days. The City Council specifically added this sign type into the temporary sign category and in so doing, limited its use. The reports/minutes of the meetings that were held when the sign ordinance was revised in 2014 indicate that a conscious effort was taken to reduce clutter in the City by limiting certain sign types, to include feather flags. Attachment: n/a The CD Staff recommends that the Planning and Zoning Board take the following action: Provide Board input regarding the afore-mentioned items. Approved by CD Director: David Dickey Date: 11/8/2017