HomeMy WebLinkAboutP&Z Agenda Pkt. 3-14-2018 PLANNING & ZONING BOARD
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 POLK AVENUE, CAPE CANAVERAL, FL 32920
March 14, 2018
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.
OLD BUSINESS:
NEW BUSINESS:
1. Approval of Meeting Minutes: December 13, 2017
2. Per Section 2-171 of the Code of Ordinances, 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. Interview & Recommendation to City Council Re: Potential Board Member —
Melissa Bass
4. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation Re: Site
Plan Approval for the Sunbelt Cape Dual-Branded Hotel Site Plan located at 9004
Astronaut Boulevard, per City Code of Ordinances, Section 110-223 — Sunbelt-
I2CF, LLC, Applicant.
5. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. XX-2017, amending Section 110 of the City of Cape
Canaveral Land Development Code; regulating Medical Marijuana Treatment
Center Dispensing Facilities; providing for the repeal of prior inconsistent
Ordinances and Resolutions, incorporation into the City Code, severability, and an
effective date—City of Cape Canaveral—Applicant
P &Z Board Meeting Agenda
March 14, 2018
Page 2 of 2
6. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. XX-2017, amending Section 110 of the City of Cape
Canaveral Land Development Code; regulating Townhomes; providing for the
repeal of prior inconsistent Ordinances and Resolutions, incorporation into the City
Code, severability, and an effective date—City of Cape Canaveral—Applicant
REPORTS AND OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Planning & Zoning Board with
respect to any matter considered at this meeting, that person will need a record of the
proceedings, and for such purpose that person may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend
this Public Meeting. The facility is accessible to the physically handicapped. Persons
with disabilities needing assistance to participate in the proceedings should contact the
Community Development Department (868-1222, ext. 15) 48 hours in advance of the
meeting.
PLANNING &ZONING BOARD
MEETING MINUTES
December 13, 2017
A Meeting of the Planning&Zoning Board was held on December 13,2017,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 N
John Price Chairperson ,,kef
Lamar Russell Vice Chairperson ?;
Harry Pearson
Ron Friedman
Albert Franks
Dr. John Fredrickson
MEMBERS ABSENT
Omar Capellan , T , �.:
OTHERS PRESENT
Anthony Garganese City Attorney
David Dickey Community Development Director
Patsy Huffman Board Secretary
John Pekar City Engineer
PUBLIC PARTICIPATION:
None.
OLD BUSINESS:
1. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation Re: Site
Plan Approval for Cape Canaveral Radisson Master Site Plan, per City Code of
Ordinances, Section 110-223 —Robert A. Baugher,Applicant—CONTINUED
Mr. Dickey presented Staff s report/photos to include the following highpoints: Site Plan check
list; traffic analysis; walkways, driveways; parking; traffic analysis condition recommended by
Staff; Impact fees; landscaping; AlA Economic Opportunity Overlay District; building
height/orientation and stormwater.
Cole Oliver, representing the Applicant, stated he would offer rebuttal comments after public
participation.
Planning&Zoning Board
Meeting Minutes
December 13, 2017
Discussion ensued to include heavy traffic generated by this project; allocation of impact fees;
responsible party for maintenance of West Central Boulevard; clarification of the item being voted
upon (Site Plan) and to vote base on criteria presented.
John Pekar, City Engineer, addressed concerns to include stormwater; flooding of surrounding
properties;upgrades made by the City; storm chambers preventing little amount of water to leave
project site; repairs needed to West Central Boulevard; soil studies regarding drainage and
direction of water and monitoring removal/replacement of soil materials to include Project
Engineer, City Engineer and Public Works Services.
Board discussion ensued to include Applicant addressed most comments from the last meeting
included in the Agenda Packet; dimensions devoted to landscaping are incorrect; buffer does not
meet requirements(10 feet),currently 6.5 feet shown; surveyor's certification not provided;Phase
1 vs Phase 2 discrepancies; hours of operation for construction (7am—7pm); dumpster enclosure
location and interpretation/definition of"row."
City Attorney Garganese clarified the appeal process.
Discussion continued regarding traffic and standards used; traffic lights at Al A and West Central
Boulevard; peak hours; current traffic level from surrounding properties; access/exit traffic from
the new project; eliminating/adding driveways and level of service.
Staff agreed with traffic concerns, thus the recommended condition. Mr. Dickey asked the Board
to vote on established Code criteria.
Dave Menzel, Engineer, explained landscaping; buffer has been corrected to 10 feet on Site Plan
as well as other inconsistencies.
Mr. Price opened the meeting to public participation at 7:11 pm.
Several residents of Cape Canaveral spoke in opposition to the project due to traffic; noise levels;
security; privacy and water run-off.
Mr. Cole reiterated that the project as conditioned, will address flooding and traffic concerns.
Bob Baugher,Applicant,indicated that he works in Cape Canaveral and is a taxpayer.Mr.Baugher
would like to be a good neighbor; wants to work with the community; is available to discuss any
concerns during construction and explained the reason for flooding on surrounding properties.
Motion by Mr. Pearson, seconded by Mr. Russell to recommend approval to Community
Development Director for Phase 1 of Cape Canaveral Radisson Master Site Plan with Staff's
recommended condition for a traffic study. The Motion carried 4-2 with voting as follows: Mr.
Russell, For; Dr. Fredrickson, For; Mr. Pearson, For; Mr. Price, For; Mr. Friedman, Against and
Mr. Franks, Against.
2
Planning&Zoning Board
Meeting Minutes
December 13, 2017
Mr. Price requested a 5 minute break at 7:40 pm.
Meeting reconvened at 7:47 pm.
NEW BUSINESS:
1. Approval of Meeting Minutes: November 15, 2017
Motion by Mr. Friedman, seconded by Mr. Franks to approve the Meeting Minutes of
November 15, 2017, with amended verbiage on page 2, paragraph 2 "...when a
recommendation from the City Attorney and City Engineer is available." Vote on the motion
carried unanimously.
REPORTS AND OPEN DISCUSSION:
Mr. Dickey requested direction from the Board regarding the following:
1. Food Vending Trucks
Food Vending Trucks are currently allowed at special events only. Recently there has been
increased interest for this service to be allowed at other locations and other times.
Discussion ensued regarding pros/cons to include impact on established restaurants and
sanitation/public safety. The consensus was in opposition to allow food trucks above what is
currently permitted.
2. Minimum Number of Hotel Rooms
Staff explained the decision process involved for a minimum number of hotel rooms (150).
Discussion ensued to include attracting quality hotels; hotel/property owners with a vested
interest; less crime; need to maintain uniformity and standards; difficulty monitoring vacation
rentals; no need for additional hotels and height of buildings. Most Board Members were in
opposition to decreasing the minimum number of rooms.
Mark Robbins, LBA Hospitalities, spoke in against changing the minimum room requirement.
3. Feather Flags
Staff explained current Code allowed feather flags one(1) time per calendar year for 30 days.
Discussion ensued to include use during special events; allow more frequent use; enforcement;
City maintaining a clean look; challenges regarding permanent signs for businesses located in
plazas; criteria used for current Code; sandwich boards; distraction for drivers and height/time
of day restrictions.
3
Planning& Zoning Board
Meeting Minutes
December 13, 2017
Mr. Price opened the meeting to public participation at 8:37 pm.
Jeff Sirmans, owner of Southern Charm Cafe, explained that feather flags would increase
business and offered suggestions to regulate/enforce rules regarding permits, placement and
time of day. Board recommended that he will meet with Staff to present recommendations to
P&Z Board at a later date.
ADJOURNMENT:
Motion by Mr. Price seconded by Mr. Franks to adjourn the meeting at 8:57 pm. Vote on the
motion carried unanimously.
Approved on this day of , 2018.
John Price, Chairperson
Patsy Huffman, Board Secretary
4
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: M sS BASS
2. Home Address: 2413 COPAL. IElY
3. Home and Cellular Telephone: - . '55 1- 2.15481-. t 13u
4. Occupation: I tiT i ViaSibNitsz.P. 1
5. Business Telephone: 321-Nes-
6. Business Address: 2-X:)1 POL K k6 CAM C 041I N. PL 33,,e)ZO
7. E-Mail: mei 1kt'` X SWq %I .cow\
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to serve
on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) J` (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y)Y (N)
3a. Are you a Business owner: (Y) (N) x
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N)
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent i p
to a standard criminal background check before being Mkig
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N)
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
,res , 9 Lic.4 gisiDENT) Hopive owort * UAL Wooer_ !Jolt CAC. Toil.
1 MAiI(-To ices(O1:nA'S ? tixtoeS •
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. Board of Adjustment*
b. Business and Economic Development Board
c. Code Enforcement Board*
d. 1 Community Appearance Board
e. Construction Board of Adjustment and Appeals*
f. . Culture and Leisure Services Board
g. _ Library Board
h. 3 Planning and Zoning Board*
i. 9 Other: W}{ 1- i> . Mt 4T $E•ST Q11LJZt. NM 511-Ls
*Members of these boards are required to complete and file with the supervisor of Elections a Financial
Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial
appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
I ✓� 0 ._► M * •1 Or .f
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that you feel help to qualify you for membership on the desired board or committee.
Nc'DQ * FL L1C.ENSEt 114 .2.10g_ -516r.1�•+e, Lfx-p A? FDtc- 1 I+ ' g 5
v451230'4 AIZc. IT S &la_s,� La1.t Tolcs op Derr. of L*r J5&
N1Nya ?MELTS, CoMME cc to . ?geStPenTT Oct_ 1.Q)Cs S
D. STATE REPORTING REQUIREMENTS C. #v1PV,51ES •
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State
disclosing race, gender, and physical disabilities of board and committee members. Please check the
appropriate boxes:
Page 2 of 3
RACE GENDER
African-American Male
Asian-American X Female
Hispanic-American Not Known
Native-American
X Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY
ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at(321) 868-1220 ext. 221.
Signature: 4Date: 2(21/18
18
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only: Q
Date application received: 01// V 4,;
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
0,,c "� City of Cape Canaveral
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Planning and Zoning Board
, --'., Meeting Date: /14/2018
CAPS CITY OF
CASINMAL Item No.
Subject: Request for Site Plan Approval for the Sunbelt Cape Dual-Branded hotel located at
9004 Astronaut Boulevard (Parcel #24-37-15-00-23)
Department: Community Development(CD)
Applicant/Owner: Sunbelt-I2CF, LLC/Dr. Charles W. and Helen Chapmen Pindziak
Summary: This request is for Site Plan Approval for the proposed Sunbelt Cape Dual-Branded
hotel located at 9004 Astronaut Boulevard(Parcel ID#24-37-15-00-23). This property is within
the AlA Economic Opportunity Overlay District (District) and is zoned C-1 and M-l. Hotels
are a permitted use in these zoning districts.
The site plan includes a 6-story dual-brand hotel (Home 2 and Hampton Inn& Suites) on a 6.9-
acre parcel. The proposed structure is 65 feet in height and include a total of 224 rooms. The
proposed building consists of 154,318 square feet.
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.
The site plan is consistent with City Zoning and EOOD requirements. As indicated in Sec. 110-
625, setbacks within the EOOD are required to be 10 feet from all property lines. The proposed
structures exceed this standard.The Code parking formula requires a total of 243 parking spaces.
The site plan is indicating a total of 257 spaces, including 8 handicap. The enclosed dumpster is
located in the northeast part of the property, away from guests.
Per Sec. 110-628, lot coverage cannot exceed 80 percent. As proposed, lot coverage is 61
, percent. As indicated on the landscape detail pages (LP1 and LP2) of the plan set, the proposed
landscaping treatment meets minimum Code standards. However,the applicant has proposed to
install a 10-foot wide buffer-yard along the southern property line to further shield views to and
from adjacent properties.
Access to the site is provided by a driveway cut onto Astronaut Boulevard. A smaller secondary
access point is provided to the Homewood Suites Hotel to allow for cross-access between the
two properties.
A traffic analysis for the project was completed in August of 2017 by Motorist Design of Merritt
Island, Inc. The project is projected to generate 1,998 daily trips, of which 157 will occur in the
in PM hour. The report summarizes that the surrounding road system can generally
Planning and Zoning Board Meeting Date: 3/14/2018
Site Plan Approval—Sunbelt Cape Dual-Branded Hotel
Page 2 of 3
accommodate the new traffic generated by the project without degrading the level of service at
the 10 studied traffic stations.
Sections 110-567 and 110-686 and 687 of the City Code contain landscaping requirements that
the project will be required to meet.Notably, 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:
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.
As indicated in the policy, the intent of this language is to "encourage pedestrian activity"
and to"facilitate access to and from the sidewalk to adjacent properties."To accomplish this,
the policy spells out that"Buildings shall be oriented towards"W. Central Boulevard as well
as adjacent streets.
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.
Planning and Zoning Board Meeting Date: 3/14/2018
Site Plan Approval—Sunbelt Cape Dual-Branded Hotel
Page 3 of 3
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 Al A, 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.
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 via an on-site retention pond. A geotechnical
report, completed by Universal Engineering Sciences,was submitted to the City Engineer who,
after review, recommended approval of the site plan in correspondence dated March 1, 2018.
As required by Section 110-606, the Community Appearance Board, on November 14, 2017,
approved a Level 1 review for the proposed hotel as well as approval to construct to a height not
to exceed 65 feet.
The remaining City 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: 3/7/2018
Attachments:
1 —Location Map
2 - Site Plan Application/Checklist
3 —City Engineer Approval Letter—March 1, 2018
4—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 for Site Plan Approval for the Sunbelt Cape Dual-
Branded Hotel at 9004 Astronaut Boulevard, as generally depicted in the Site Plan Set
(Attachment 4 of this report).
Attachment 1
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Attachment 2
Sunbelt-I2CF,LLC
Sunbelt Cape Dual-Branded
Hampton Inn&Home2 Suites Hotel
January 30,2018
APPLICATION FOR SITE PLAN REVIEW
DATE: January 30,2018
Sunbelt Cape Dual-Branded Hampton Inn&Home2 Suites Hotel
PROJECT NAME:
LEGAL DESCRIPTION:
Refer to attached-Seller Authorization Letter with Legal Description
OWNER(S)NAME: Charles W.&Helen Chapman Pindziak
OWNER(S)ADDRESS: 112 E.Central Boulevard,Cape Canaveral,FL
OWNER(S) E-MAIL:
PHONE NUMBER: (OFFICE) (CELL)
NAME OF ARCHITECT/ENGINEER: Noel Droor,PE,Droor&Associates
PHONE NUMBER: (OFFICE) (321) 253-8233 (CELL) (321)258-9139
Mark D. Robbins / Sunbelt-I2CF,LLC
AGENT/APPLICANT NAME:
PHONE NUMBER: (954)770-3022
EMAIL: MarkR@LBAproperties.com
AGENT/APPLICANT SIGNATURE: , /ge
IrC
FEB 072017
1 COM. DEV: DEPT
•
SITE PLAN PAYMENT RECEIPT
PROJECT NAME: Sunbelt Cape Dual-Branded Hampton Inn&Home2 Suites Hotel
$750.00 NON-REFUNDABLE APPLICATION FEE
SITE PLAN EXTENSION: $150.00
SITE PLAN RESUBMISSION: $150.00
ESCROW FEES:
RESIDENTIAL: Ito 4 Units $700.00
Over 4 Units to 50 Units $1,800.00
[Over 50 Units or Hotel/Motel $2,800.00 I
COMMERCIAL: Up to 4 Acres $1,800.00
Over 4 up to 8 Acres $2,300.00
Over 8 Acres-Review fee to be established after pre-application
meeting based on hourly rates estimated in Exhibit A of City Engineer contract.
TOTAL ACRES 6.89±acres •
Office Use Only: Escrow Account#001-000-000-202240
TOTAL ESCROW DEPOSIT: 52,800110
TOTAL SITE PLAN SUBMITTAL FEE: $ 750.00
$3,550.00
DATE RECEIVED
007/20:8 11:16 PM OCAti;tea
2 Tota': 3,5).is
Cash Afro; fir,;,(Y,40( #:3
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:
IGeneral)
Yes No NJA
X _ _ Size,height, number of units and location of proposed and
existing structures.
X Dimensions.
X _ Total gross area and percentage devoted to structures,
parking and landscaping.
X Number of units.
X _ _ Traffic flow diagram to include total number and size of
parking spaces and loading zones.
X Density(units per acre).
Location and dimension for the following areas:
(If applicable)
X Park(s)
X Canal(s)
X Waterway(s)
X Boat slip(s)
3
Yes No N/A
X r — Parking
X _ _ Swimming pool(s)
X — _ Driveway(s)
X Recreation
X Trash
X Sidewalks
X Dune crossover(s)
X _ Other(specify) Stormwater Detention Pond
X _ _ Type of enclosure for communal trash container(s)
X _ _ Fire alarm and standpipe data
X _ _ Vicinity map
X _ Location of planned landscaping
Finished grades for the following:
X _ _ Entire parcel
X Finished floors
X Streets
X Parking lots
X Sidewalks
X _ _ 10"of adjoining property
4
Details, Sections,and Specifications:
Yes No N/A
X Street lights
X Water and sewer
X _ _ Paving and drainage
X Curbs
X Storm drains
X Sidewalks
X Engineer's seal on drawings
Square footage of building areas: •
X _ _ Living
X _ Parking
X Other(specify)
X Total under roof
Required notes:
X _ — Sidewalk and sanitary sewers to be constructed to City of
Cape Canaveral standards.
X Water lines to conform to City of Cocoa standards.
X — _ Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
5
Topographic Survey:
Yes No N/A
X USC and G.S. datum plane
X _ — Existing street lights
X _ _ Storm drainage design calculations.
X _ _ 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).
6
ATTACHMENT 3
JOHN A.PEKAR, P.E.,LLC
Civil Engineering/Consulting
102 Columbia Drive
Suite 207
Cape Canaveral,FL 32920
Office Phone:321-613-2959
Cell Phone: 321-288-1040
johnpekarpe@gmail.00m
gaaaab Reel Flowe ronifoweggmeil.com
Office Manager Cell Phone: 321-403-9899
March 1, 2018
TO: Dave Dickey; Patsy Huffman
FROM: John A. Pekar, PE
SUBJECT: Sunbelt Hotel
Based on the February 22, 2018 City staff/Sunbelt consultant team meeting, and the Sunbelt
responses to City staff comments dated February 21, 2018, we recommend site approval of the
plans for the Sunbelt Dual Brand Hotel.
We understand that Sunbelt final plans with the agreed minor adjustments will be forwarded to
your office.
Sincerely,
"41
John A. Pekar, P.E.
Consulting Engineer
JAP:rmf
City of Cape Canaveral
4, Planning and Zoning Board
Meeting Date: 3/14/2018
Item No. 5
Subject: Ordinance No. XX-2018; an ordinance of the City Council of the City of Cape
Canaveral, Brevard County, Florida; providing for the location of pharmacies and medical
marijuana treatment center dispensing facilities within the City;providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the City Code; severability; and an
effective date.
Department: Community Development (CD)
Applicant/Owner: City of Cape Canaveral
Summary: On September 16, 2014, the City Council adopted Ordinance No. 09-2014 to
establish operational and locational criteria related to Medical Marijuana Treatment Centers
(MMTC). The Ordinance was in anticipation of the November 4, 2014 referendum on The
Florida Medical Marijuana Initiative (Amendment 2).
Amendment 2, which was approved by 71 percent of the electorate, took effect on January 3,
2017 and required laws be in place by July 3, 2017 for how patients can qualify and receive
medical marijuana. Governor Rick Scott signed legislation (SB 8-A) on June 23, 2017 to
implement Amendment 2.
Highlights of the legislation include:
• Exempts marijuana and marijuana delivery devices from sales and use tax.
• Establishes procedures for physicians to issue certifications to patients who have
qualifying medical conditions.
• Allows marijuana edibles and vaping,but prohibits smoking.
• Eliminates a 90-day waiting period for a patient to receive medical marijuana.
• Establishes qualifications to become a caregiver to assist qualified patients.
Another notable provision of the law is that it contains specific preemption provisions regarding
dispensary facilities. Specifically, that a municipality may, by ordinance, ban MMTC from
being located within its boundaries. However, if a municipality does not ban dispensing
facilities, it may not place specific limits either on the number of dispensing facilities that may
locate in the municipality and, further, may not enact ordinances for permitting or determining
the location of dispensing facilities which are more restrictive than its ordinances permitting or
determining the locations for pharmacies.
In response, the Council adopted Ordinance No. 11-2017 which prohibited MMTF in the City
limits.
In recent months, a number of Brevard County governments have approved ordinances to allow
for medical marijuana distribution. These cities include Rockledge, Palm Bay, Titusville and
Satellite Beach. Last month, the Brevard County Commission let the county-wide moratorium
expire, thus allowing MMTC throughout the County.
Planning&Zoning Board Meeting Date: 03/14/2018
Ordinance No. XX-2018
Page 2 of 2
Consistent with these recent actions, an ordinance has been prepared that would allow for a
MMTC in the C-1 and C-2 zoning districts within the AlA Economic Opportunity Overlay
District. Further, the ordinance would limit permissible locations to properties that are adjacent
to or contiguous with Highway AlA (a.k.a. Astronaut Boulevard and N. Atlantic Avenue south
of International Drive). This is due to the fact that these roads are better suited to accommodate
uses with higher volumes of traffic. N. Atlantic Avenue, north of International Drive, is mostly
residential in nature and has been recently upgraded with pedestrian-centric improvements.
The proposed ordinance also includes a 500-foot separation requirement,consistent with Florida
Statutes, between a MMTC and a public or private elementary, middle or secondary school.
Florida Statutes also requires video surveillance and that employees be registered with local law
enforcement agencies.
Currently there are no dispensing facilities in Brevard. The closest locations are in Edgewater
and Orlando.
Attachment:
1 - Ordinance No. XX-2018
The CD Staff recommends that the Planning and Zoning Board take the following action:
Recommend approval of Ordinance No. XX-2018 to the City Council.
Approved by CD Director: David Dickey A Date: 3/7/2018
1 ORDINANCE NO. -2018
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 PROVIDING FOR THE LOCATION OF PHARMACIES
6 AND MEDICAL MARIJUANA TREATMENT CENTER
7 DISPENSING FACILITIES WITHIN THE CITY;
8 PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY
11 AND AN EFFECTIVE DATE.
12
13 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16
17 WHEREAS, in 2016, Florida voters approved the Florida Right to Medical Marijuana
18 Initiative ("Amendment 2"), which amended the Florida Constitution to authorize "Medical
19 Marijuana Treatment Centers"; and
20
21 WHEREAS, the Florida Legislature passed SB 8-A, amending section 381.986, Florida
22 Statutes, in the 2017 Special Session, approved by the Governor on June 23, 2017, which
23 implemented Amendment 2 and which further contains specific preemption provisions regarding
24 dispensary facilities of medical marijuana treatment centers; and
25
26 WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban
27 medical marijuana treatment center dispensing facilities from being located within the boundaries
28 of that municipality, but that a municipality that does not ban dispensing facilities may not place
29 specific limits either on the number of dispensing facilities that may locate in the municipality and,
30 further,may not enact ordinances for permitting or determining the location of dispensing facilities
31 which are more restrictive than its ordinances permitting or determining the locations for
32 pharmacies licensed under chapter 465, Florida Statutes; and
33
34 WHEREAS,the City Council previously in Ordinance 11-2017 enacted a ban on medical
35 marijuana treatment center dispensing facilities, prohibiting them from locating in the City, with
36 the direction that the City Council may, at some time in the future, reconsider the ban; and
37
38 WHEREAS, the City Council now desires to reconsider the prohibition on medical
39 marijuana treatment center dispensing facilities previously enacted in Ordinance 11-2017 to allow
40 for such dispensing facilities in certain locations where pharmacies are permitted in the C-1 and
41 C-2 zoning districts within the A l A Economic Opportunity Overlay District; and
42
43 WHEREAS, the City Council, with the concurrence of the Planning and Zoning Board,
44 has determined that pharmacies and medical marijuana treatment center dispensing facilities are
45 likely to attract customers from beyond the city limits and to generate a significant number of
46 traffic trips,particularly with delivery of the controlled substances to be dispensed being permitted
47 pursuant to Florida Statutes; and
48
City of Cape Canaveral
Ordinance No. -2018
Page 1 of 6
1 WHEREAS, because of the trips likely to be generated by such uses, the City Council
2 desires to limit the permissible locations for pharmacies and medical marijuana treatment center
3 dispensing facilities to properties that are adjacent or contiguous to Highway A 1 A (a.k.a.
4 Astronaut Boulevard and N. Atlantic Avenue south of International Drive), which is better suited
5 to accommodate the traffic that will be generated than other parts of N. Atlantic Avenue generally
6 running northeast from Highway AlA to George King Boulevard; and
7
8 WHEREAS, properties along the portion of N. Atlantic Avenue generally running
9 northeast of Highway AlA to George King Boulevard,which are mostly residential in nature with
10 wide sidewalks and biking paths and a 25 mph speed limit designed to encourage pedestrian and
11 bicycle transportation, are not well-suited to traffic-intensive uses; and
12
13 WHEREAS, the City Council therefore determines that it is in the best interests of the
14 public health, safety and welfare of the citizens of Cape Canaveral to allow pharmacies and
15 medical marijuana treatment center dispensing facilities within the boundaries of the City, subject
16 to the limitations specifically provided herein.
17
18 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
19 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
20
21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
22 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
23 Canaveral.
24
25 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
26 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
27 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
28 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
29 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
30 of this Ordinance:
31
32
33 Chapter 110—ZONING
34
35 * * *
36 ARTICLE I.—IN GENERAL
37
38 Y
39
40 Sec. 110-1.—Definitions.
41
42 * xx
43
44 Pharmacy means an establishment licensed by and in good standing with the State of Florida as a
45 community pharmacy, as defined in Chapter 465, Florida Statutes, that may dispense Schedule II
46 and III controlled substances.
47
48 * * *
City of Cape Canaveral
Ordinance No. -2018
Page 2 of 6
1
2 ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS
3
4 * * *
5
6 DIVISION 1.—GENERALLY
7
8 * * *
9
10 Sec. 110-489.- Pain management clinic . • . • • " • •• • • • • • • • •
11 facility regulations.
12 (1) Pain management clinics may only be permitted by special exception in the C-1, C-2 and
13 M-1 zoning districts, subject to the general conditions for special exceptions and subject to
14 the following requirements:
15 * * *
16 (r) Single special exception application/Single classification of special exception. Only
17 one special exception may be issued for a location or any single building and only under
18 a single classification for either a pain management clinic : •• --•-. • - -•• • --
19 ()enter.
20 * * *
21 - . .. . .. _ . . . _ .
22 any district of the city.
23
24 * * *
25
26 ARTICLE X.—AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT
27
28 * * *
29 DIVISION 1.—GENERALLY
30
31 * * *
32
33 Sec. 110-587.-Applicability.
34 (1) The District is a commercial corridor of approximately one and three-quarter miles,
35 generally centered on both A 1 A (Astronaut Boulevard) and N. Atlantic Avenue and
36 recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant
37 Avenue on the south.
38 (2) The area of the district along AlA is intended to serve as the main gateway into the City of
39 Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the
40 main street to the City of Cape Canaveral's Town Center and as a transition between the land
41 use, circulation, and streetscape along AlA and the Town Center. This District is intended to
42 have the most intensive commercial and residential uses within the city. The EOOD is meant
43 to provide a lively and attractive interface between the proposed Town Center and the adjacent
City of Cape Canaveral
Ordinance No. -2018
Page 3 of 6
1 residential communities, while maintaining a primarily commercial street frontage along
2 Al A,N. Atlantic Avenue and Central Boulevard.
3 (3) The streets will have a retail/commercial service atmosphere with small or large
4 neighborhood stores at street level and apartments or offices on upper stories. The retail
5 composition of the district shall include,but not be limited to,retail stores,personal services,
6 hotels, cultural facilities, hospitals, clinics, pharmacies, medical marijuana treatment center
7 dispensing facilities, convenience stores with gas, high tech manufacturing, entertainment,
8 and eating establishments including rooftop restaurants that serve the EOOD as well as stores,
9 eating establishments, and business services (printing, accounting, etc.) that serve the other
10 businesses and office users in the area. Residential uses shall be permitted within the District;
11 however, shall be limited to upper stories along Al A, N. Atlantic Avenue and Central
12 Boulevard within the District.
13 (4) The main street component of the District is intended to provide a mixed-use, pedestrian-
14 oriented focus for the proposed Town Center, with land uses serving Town Center residents
15 and visitors. This sub-district provides the City of Cape Canaveral with a small-town style
16 walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet
17 relaxed. Small-scale retail and other commercial uses shall occupy as much of the ground
18 floor frontages along Central Boulevard as the market will bear. Upper stories shall be office
19 or residential along these main streets. This district also shall provide the potential for
20 continuum-of-care developments including opportunities for aging in place and include such
21 uses as independent, assisted living and skilled care facilities.
22
23 * * *
24 DIVISION 2.—ADMINISTRATION
25
26 * * *
27
28 Sec. 110-609.- Use matrix.
29 The District is intended to serve as both the main gateway area into the city as well as the
30 main street to the city's proposed Town Center. The following land use matrix (Table 1) identifies
31 the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed
32 (NA).
Table 1. Land Use Matrix
Uses(not a complete listing)* C-1 C-2 M-1
Retail P P P '
Personal Services P P SE '
Hotels and Motels P P ' P
City of Cape Canaveral
Ordinance No. -2018
Page 4 of 6
Banks P P SE1
Waterfront Restaurant P P SE
Assisted Living Facility SE SE ' NA
Pharmacies/Medical Marijuana Treatment Center Dispensing P P NA
Facilities 2 3
Flex space(office, showroom,warehouse) 2 SE SE P
Convenience store w/gas 2 SE SE P
High tech/light manufacturing 2 SE P P
Warehousing 2 NA SE P
Off-site cruise ship parking accessory to hotels and motels 2 SE SE SE
Commercial Parking Facility(minimum lot size of 5 acres) NA NA SE
Port of Call Facility[Permitted pursuant to a Development P P P
Agreement(DA)] ' (w/DA) (w/DA) (w/DA)
Attraction and Destination uses ' PD PD PD
Mixed Use Development uses (i.e. Town Center) ' PD PD PD
1
2 'Added use.
3 2 Use included to clarify intent of code.
4 3 Shall be permitted only on properties adjacent to or contiguous with Highway AlA (a.k.a.
5 Astronaut Boulevard and N. Atlantic Avenue south of International Drive). For purposes
6 herein, a pharmacy shall include any use where a pharmacy is included as an accessory use or
7 department of the principal use. Medical marijuana treatment center dispensing facilities
8 shall not be located within 500 feet of the real property that comprises a public or private
9 elementary, middle or secondary school, or as otherwise provided in Chapter 381, Florida
10 Statutes, as may hereafter be amended.
11 *Uses not specifically listed may be approved as a Planned Development(PD).
City of Cape Canaveral
Ordinance No. -2018
Page 5 of 6
1
2
3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
5 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
6
7 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
8 Canaveral City Code and any section or paragraph, number or letter and any heading may be
9 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
10 like errors may be corrected and additions,alterations and omissions,not affecting the construction
11 or meaning of this Ordinance and the City Code may be freely made.
12
13 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
14 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
15 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
16 be deemed a separate, distinct and independent provision, and such holding shall not affect the
17 validity of the remaining portions of this Ordinance.
18
19 Section 6. Effective Date. This Ordinance shall become effective immediately upon
20 adoption by the City Council of the City of Cape Canaveral, Florida.
21
22 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
23 of , 2018.
24
25
26 Bob Hoog,Mayor
27
28 ATTEST: For Against
29
30 Mike Brown
31
32 Mia Goforth, CMC Robert Hoog
33 City Clerk
34 Wes Morrison
35
36 Rocky Randels
37
38 Angela Raymond
39
40 Approved as to legal form and sufficiency
41 for the City of Cape Canaveral only by:
42
43
44 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. -2018
Page 6 of 6
City of Cape Canaveral
r Planning and Zoning Board
Meeting Date: 3/14/2018
Item No. la
Subject: Ordinance No. XX-2018; an ordinance of the City Council of the City of Cape
Canaveral, Brevard County, Florida; amending Sec. 110-372 of the City Code; providing for a
20-foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the
minimum lot areas accordingly; establishing provisions governing non-conforming townhouse
structures and lots; providing relief for multiple-family and two-family dwellings existing prior
to October 4, 1988 which were built in accordance with townhouse standards from certain
minimum lot width and setback requirements; 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. 110-372 of the City Code contains minimum development standards for
townhouse construction. Currently, the Code requires that a townhouse lot be a minimum of 20
feet in width. When this is combined with the minimum side setback of eight feet for an end
unit, a 12-foot wide townhouse structure is possible.
Historically, townhouse lots were allowed to be a minimum of 16 feet in width. That changed
in 1988,when Ordinance 9-88 was adopted which increased the minimum width of a townhouse
to 20 feet.
The proposed ordinance requires that the minimum width for an end unit be increased to 28 feet.
This would allow for an 8-foot side setback and a minimum 20-foot wide structure. The
ordinance also requires a minimum 45-foot wide lot for a corner,end unit or 35-feet for a corner
lot on a non-conforming lot of record.
Obviously, the proposed standards, if approved, will create a certain number of nonconforming
structures that were built to the previous requirements.The Ordinance addresses this by allowing
a nonconforming townhouse,built prior to April 17, 2018, to be rebuilt should it be destroyed.
The Ordinance also allows for the conversion of single and multi-family dwellings, existing
prior to October 4, 1988, into a townhouse. These dwellings, although not located on
individually platted lots, are required to have been built to townhouse standards to include a
minimum of 16-foot wide lots. In addition, the dwelling(s) shall be allowed to remain,
irrespective of an encroachment into a yard setback. Documentation must be submitted that
documents that the dwelling(s) were built to the then applicable townhouse provisions.
Attachment:
1 - Ordinance No. XX-2018
The CD Staff recommends that the Planning and Zoning Board take the following action:
Recommend approval of Ordinance No. XX-2018 to the City Council.
Approved by CD Director: David Dicke , Date: 3/7/2018
1 ORDINANCE NO. -2018
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 110-372 OF THE CITY CODE;
6 PROVIDING FOR A 20-FOOT MINIMUM TOWNHOUSE
7 UNIT WIDTH; INCREASING THE MINIMUM LOT
8 WIDTHS AND ADJUSTING THE MINIMUM LOT AREAS
9 ACCORDINGLY; ESTABLISHING PROVISIONS
10 GOVERNING NON-CONFORMING TOWNHOUSE
11 STRUCTURES AND LOTS; PROVIDING RELIEF FOR
12 MULTIPLE-FAMILY AND TWO-FAMILY DWELLINGS
13 EXISTING PRIOR TO OCTOBER 4, 1988 WHICH WERE
14 BUILT IN ACCORDANCE WITH TOWNHOUSE
15 STANDARDS FROM CERTAIN MINIMUM LOT WIDTH
16 AND SETBACK REQUIREMENTS; PROVIDING FOR THE
17 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
18 RESOLUTIONS, INCORPORATION INTO THE CODE,
19 SEVERABILITY AND AN EFFECTIVE DATE.
20
21 WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
22 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
23 law; and
24
25 WHEREAS,Section 110-372 of the Code of Ordinances, City of Cape Canaveral,Florida
26 ("Code")was amended on October 4, 1988 via Ordinance 9-88 to change the minimum lot width
27 for a townhouse lot from 16 feet to 20 feet; and
28
29 WHEREAS, currently, the Code does not provide a minimum unit width for townhouses,
30 which has resulted in the proliferation of very narrow townhomes due to the application of
31 setbacks; and
32
33 WHEREAS,the City Council desires to establish a minimum townhouse unit width of 20
34 feet and increase the minimum lot widths where end units will be built, including a 28-foot .
35 minimum lot width for side, end unit lots and a 45-foot minimum lot width for side, corner unit
36 lots,to ensure that all newly-built townhome units will be at least 20-feet in width; and
37
38 WHEREAS,the City Council intends to modify the regulations relating to nonconforming
39 structures and nonconforming lots to allow for rebuilding of nonconforming townhouses in the
40 event they are destroyed; and
41
42 WHEREAS,the City Council further desires to provide relief from the 20-foot minimum
43 lot widths for existing multiple-family and two-family dwelling units built prior to October 4,
44 1988, which were built in accordance with townhouse standards at the time of construction, but
45 were not built on individually platted lots; and
46
47 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby fmds this
48 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
49 Canaveral.
City of Cape Canaveral
Ordinance No. -2018
Page 1 of 4
1
2 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
3 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS:
4
5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
6 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
7 Canaveral.
8
9 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
10 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
11 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
12 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
13 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
14 of this Ordinance:
15
16 Chapter 110—ZONING
17
18 * * *
19
20 ARTICLE VII.—DISTRICTS
21
22 * * *
23
24 DIVISION 8.—TOWNHOUSES
25
26 * * *
27
28 Sec. 110-372.-Area and dimensions.
29 Townhouse area and dimensions shall be as follows:
30 (1) Minimum area to be developed shall be 6,250 square feet.
31 (2) Minimum lot area shall be 470401,400 square feet.
32 (3) For all townhouse subdivisions approved after April 17,2018,the Mminimum lot width
33 shall be 20 feet for interior lots, 28 feet for end lots, 45 feet for a corner lot, and 35 feet
34 for a corner lot on a nonconforming lot of record.
35 a. Should a townhouse structure built on a lot that has become nonconforming after
36 April 17, 2018 be destroyed, a new townhouse may be rebuilt on such nonconforming
37 lot, notwithstanding the provisions of Sec. 110-196 relating to nonconforming lots of
38 record.
39 (4) Minimum lot depth shall be 70 feet.
40 (5) Maximum lot coverage by all buildings shall be 40 percent of the site area.
41 (6) Minimum floor area shall be as follows:
42 a. One bedroom, 650 square feet per dwelling unit.
43 b. Two bedrooms, 750 square feet per dwelling unit.
44 c. Additional bedrooms, 200 square feet per bedroom.
City of Cape Canaveral
Ordinance No. -2018
Page 2 of 4
1 (7) Maximum building length or width shall be 185 feet.
2 (8) For all townhouse units built after April 17, 2018, the minimum townhouse unit width
3 shall be 20 feet.
4 a. Should a townhouse unit that has become nonconforming after April 17, 2018 be
5 destroyed,a new townhouse unit may be rebuilt,provided that it is in conformity with the
6 provisions of this Division to the maximum extent possible, notwithstanding the
7 provisions of Sec. 110-193(c)relating to the continuance of nonconforming structures.
8 Until December 31, 1993, 50 and 75-foot-wide nonconforming lots of record may have 16-
9 foot-wide townhouse lots. Further, notwithstanding the above, for multiple-family dwellings
10 and two-family dwellings existing prior to October 4, 1988 that, although not located on
11 individually platted lots, were otherwise built in accordance with townhouse standards, such
12 dwellings may be converted to townhouses with lot widths and unit widths of 16 feet or more
13 as necessary to allow for the existing footprint of each dwelling unit to remain. In addition,
14 notwithstanding any provision of Chapter 98 of this Code, such existing dwellings shall be
15 allowed to remain in their existing location, irrespective of an encroachment into a yard
16 setback, except that such encroachment must be remedied upon the destruction of the
17 encroaching unit.
18 With any application for a townhouse subdivision that proposes to convert an existing
19 multiple-family or two-family dwelling unit into a townhouse, the applicant must submit a
20 certified report from a registered state professional engineer that such dwelling was built in
21 accordance with townhouse standards and such units shall also be subject to inspection by the
22 building official. Townhouse standards shall mean that the multiple-family dwelling or two-
23 family dwelling was built in accordance with the applicable Townhouse provisions of the
24 adopted Building Code at the time of its construction.
25
26 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
27 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
28 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
29
30 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
31 Canaveral City Code and any section or paragraph, number or letter and any heading may be
32 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
33 like errors may be corrected and additions,alterations and omissions,not affecting the construction
34 or meaning of this Ordinance and the City Code may be freely made.
35
36 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
37 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
38 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
39 be deemed a separate, distinct and independent provision, and such holding shall not affect the
40 validity of the remaining portions of this Ordinance.
41
42 Section 6. Effective Date. This Ordinance shall become effective immediately upon
43 adoption by the City Council of the City of Cape Canaveral,Florida.
44
45 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
46 of , 2018.
City of Cape Canaveral
Ordinance No. -2018
Page 3 of 4
1
2
3 Bob Hoog, Mayor
4
5 ATTEST: For Against
6
7 Mike Brown
8
9 Mia Goforth,CMC Robert Hoog
10 City Clerk
11 Wes Morrison
12
13 Rocky Randels
14
15 Angela Raymond
16
17 Approved as to legal form and sufficiency
18 for the City of Cape Canaveral only by:
19
20
21 Anthony A. Garganese,City Attorney
City of Cape Canaveral
Ordinance No. -2018
Page 4 of 4