HomeMy WebLinkAboutP&Z Agenda Packet 7-1-2015PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
201 POLK AVENUE
JULY 1, 2015
6:00 P.M.
AGENDA
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: May 27, 2015.
2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation
to City Council Re: Ordinance No. 07-2015, Amending Chapter 110, Zoning,
to Revise Article X, A1A Economic Opportunity Overlay District -City of
Cape Canaveral -Applicant.
REPORTS AND OPEN DISCUSSION:
ADJOURNMENT:
Planning & Zoning Board Meeting Agenda
July 1, 2015
Page 2
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
May 27, 2015
A Meeting of the Planning & Zoning Board was held on May 27, 2015, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:00 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price
Lamar Russell
Ronald Friedman
Harry Pearson
Dr. John Fredrickson
Craig Kittleson
OTHERS PRESENT
Kimberly Kopp
David Dickey
Patsy Huffman
Chairperson
Vice Chairperson
Assistant City Attorney
Community Development Director
Board Secretary
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
Mr. Price asked that before the agenda items or minutes are discussed, he would like to address
Item #4, Preliminary Plat in the C-1 Zoning District. Mr. Dickey stated that the applicant is
requesting to table the item to an indefinite time. Staff is requesting to pull the application due to
the fact that the applicant has indicated that there will be changes to the request to the extent that
this request will need to go back through the review process by Staff and the City Engineer.
Consensus reached to withdraw the item.
1. Approval of Meeting Minutes -January 28, 2015.
Mr. Friedman indicated he was not present at this meeting, and felt he could not comment on the
minutes other than they seemed to be quite thorough. He requested that in the futw-e Board
Members are sent the minutes as soon as they are first available in case something needs to be
added.
Motion by Mr. Pearson, seconded by Mr. Kittleson, to approve the Meeting January 28, 2015.
Planning & Zoning Board
Meeting Minutes
May 27, 2015
Mr. Kittleson, For; Mr. Pearson, For; Mr. Friedman, Against; Dr. Fredrickson, For; Mr. RusseJI,
For; Mr. Price, For. Vote on the motion carried.
2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to Board of
Adjustment Re: Special Exception No. 15-02 to authorize a storage warehouse/office in
the C-2 Zoning District, per City Code of Ordinances, Section 110-383, Special
Exceptions permissible by the Board of Adjustment -0. Wave, Inc. -Owner -(280 W.
Central Blvd.)
Mr. Dickey presented Staffs report/photos showing the project site. Mr. Dickey pointed out the
parking spaces (total of 12) and two (2) entrances to the project. He pointed out the retention area.
The building will be used to store consumer goods for the owner's souvenir stores that are located
in the general area.
The one-half acre site is zoned C-2 and includes a 10,400 square foot building. The parcel is
accessed from W. Central Boulevard and Commerce Street.
Staff read from Special Exception Worksheet and Staff Analysis as follows: The subject property
is consistent with the intent of the Comprehensive Plan; Section 110-39 (c) of the City Code
establishes certain criteria that must be evaluated when a recommendation to the Board of
Adjustment is being considered. The proposal meets the minimum standards; surrounding zone is
C2 and zone MI, which is further to the North; property is situated in an area of the City that has
historically been characterized by industrial/warehousing uses; proposed use is a continuation of
the development pattern in the area; Special Exception is consistent with the intent of the zoning
district in which it is sought and compatible with the uses in the area; business wi ll be conducted
entirely inside the building; minimum zoning district requirements have been met; property is
approximately 22,650 sq. ft., building area is 10,400 sq. ft., and meets the lot coverage
requirement; parking is in excess of what is required, setbacks have been met; compatible and
harmonious with properties and uses in the surrounding area; traffic volume will not be adversely
impacted due to the number of employees and the permitted use; stormwater runoff is addressed
by an inlet on W. Central Boulevard, a swale system and retention area on the north side of the
property; proposed signage will be subj ect to review for consistency with City sign ordinance
requirements during the permitting process; hours of operation are Monday through Friday
between 9:00 am and 5:00 pm, and is consistent with adjacent properties; all traffic circulation has
been reviewed and approved by the City's public safety officials and will generate both auto and
truck traffic on a daily basis and should not negatively impact the area; there is adequate loading
and unloading areas; a Concurrency rev iew wilJ be req uired as part of the project review; no
unusual demand will be placed on public safety services; no adverse impact on the natural
environment; project is a redevelopment project which will create several jobs as well as utilize a
currently vacant building and will have a positive impact.
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Meeting Minutes
May 27, 2015
Mr. Price opened the Hearing to the Public at this time.
Kim Rezanka, attorney for the applicant, stated that Staff did a very thorough job. She gave some
history of the property. The planned use is consistent with what was a legal conformity and now a
special exception request is required to use the property for what was intended. The applicant will
move his office into the building. She requested approval of the Board.
Mr. Price asked if there were any questions/comments from the Board Members. Discussion
ensued as follows: Board asked who completed the worksheet to which Mr. Dickey answered he
completed the form presented at this meeting, but that the applicant completed a similar form as
part of the application process; Ms. Rezanka addressed plans for the interior of the building; Mr.
Dickey explained that the project is in the CRA District.
Staff recommends approval of Special Exception No. 2015-02 to the Board of Adjustment.
Discussion ensued regarding the CRA D istrict and the compatibility of this project. Mr. Dickey
explained that this is an existing warehouse, an appropriate use, and not adverse to the CRA. The
retention area was discussed and a suggestion to enlarge the swale was made, but this is not a
requirement. Staff stressed that this project is not in the Overlay District.
Motion by Mr. Friedman to approve, seconded by Mr. Russell to approve Staffs recommendation.
The motion carried with voting as follows: Mr. Kittleson, Against; Mr. Pearson, For; Mr.
Friedman, For; Dr. Fredrickson, For; Mr. Russell, For; Mr. Price, For.
3. Quasi-Judicial and/or Public Hearing Consideration and Recommendation to Board
of Adjustment Re: Change of Use to authorize a 5-unit townhouse in the R-2 zoning
district, per City Code of Ordinances, Section 110-195( e) -Antonio Romano -Owner
-(350 Monroe Avenue).
Mr. Dickey presented Staff's report/photos, street view and explained where the project was
located. Mr. Dickey explained that this property is in very poor condition at the present time. Code
Enforcement has a pending case on this property for multiple violations and is awaiting the
outcome of Board's decision before proceeding. The property is vacant and condemned. The
proposed project is for five (5) two-story townhouses, and will have a single garage and two
parking spaces per unit. The applicant is requesting a change of use as provided for in Sec. 110-
195( e) of the City Code. The project includes the demolition of the existing structure(s). Sec 110-
195(e) allows a property owner to request a change in use from one nonconforming use to another
nonconforming use, subject to certain conditions.
Sec. l 10-195(e)(5) of the City Code establishes factors that Staff must look at when considering
this request. These include:
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Planning & Zoning Board
Meeting Minutes
May 27, 2015
a) Uses less space;
b) Has fewer employees;
c) Requires less parking;
d) Creates less traffic;
e) Has fewer deliveries;
f) Creates less noise;
g) Creates a better benefit to the surrounding area;
h) Is more acceptable with the existing and foture use or make up of the area normally found
in a similar neighborhood; or
i) Creates less of an impact than the present nonconforming use.
The property is zoned R-2 and consists of approximately 12,700 square feet. Initial construction
of the structure was in 1963. It currently has ten (10) rental units. The owner, who bought the
property in 2011, wishes to demolish the existing structure and rebuild, however; based on the
density in the R-2 zone which all ows 15 units per acre, by right, can allow a little more than 4
units, but Staff is rounding down to 4 units. The owner is requesting five (5) townhouses.
Staff explained that much research was done regarding rounding up or rounding down to come up
with the correct number of w1its and no infom1ation could be located, so rounding down was
chosen.
Change of use recommendations and final orders shall be based on the following: The parcel that
the current structure is on will be utilized for the proposed townhouse construction; square footage
of the building will increase from 2,980 to 4,868; number of units will decrease from 10 units to 5
units; parking requirements will be reduced by five (5) spaces from a required 20 spaces; creates
less traffic; less deliveries, less noise, these units will be owned vs rented; current structure is in a
serious state of disrepair and needs to be demolished; property has an adverse impact on the
immediate area; creates an investment of approximately one-half million dollars into the
neighborhood; new construction will be a positive impact to the adjacent properties; current
structure is not typical of the neighborhood; and the project will reduce the need for City as well
as other service providers.
Staff recommends approval of the requested Change of Use for 350 Monroe Avenue to the Board
of Adjustment.
Mr. Romano explained that five (5) units vs four (4) units makes more sense. These townhomes
will be sold and not rented. He needs to have five (5) units otherwise, he will not be able to proceed
with the project.
Discussion ensured regarding density and what is being proposed is too large for the property. Tree
removal was of concern. The fact that five (5) units is not permitted in the zone.
Mr. Romano felt the size of the proposed footprint is mostly compatible with what is currently on
the property. He would like to work with the City to comply.
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Planning & Zoning Board
Meeting Minutes
May 27, 2015
Mr. Dickey explained that the use is not in question but the density.
Assistant Attorney Kopp explained that the use is going from a hotel to townhouses.
Ron McMinn, a resident of Cape Canaveral, had concerns about the Oak tree on the property. Also,
concerns about the sewage line going to the property.
Discussion ensued with Board Members needing clarification that the setbacks are being met;
whether the Oak tree would have to be removed and the process by which the applicant would
have to go through, including City Council; why Staff is recommending this request if it is not
allowed; Staff explained that the City Code allows a property owner to ask for a less non-
conforming use than what currently exists; Staff looked at the request from a technical standpoint
and compared what is currently on the property vs what is being proposed; the small increase in
density is an appropriate trade-off for what the City and neighborhood would gain by this new
project.
Rick Marchand, project contractor, wanted to address the concern for the Oak Tree. He stated that
surveying needed to be done in conjunction with the lot line and the impact to the construction of
the project. He stressed that the goal would be to keep the tree and trim it to keep in viable.
Barbara Becker, realtor, who is marketing this property, spoke about the interest in this property
currently, with the proposed project being considered. She indicated that this property was a
dilapidated boarding house with a lot of police activity in the past. It has been in its current
condition for the past five years. There has been no interest in the property due to the condition of
the property. She indicated that Mr. Romano, property owner, has a great interest in Cape
Canaveral, especially Monroe Avenue. She requested approval of the five (5) units.
The public hearing was closed.
Motion by Mr. Friedman, seconded by Dr. Fredrickson, that the Planning Board approve the
change of non-conforming use at 350 Monroe Street to permit townhouses meeting the present
density requirement for the R-2 Zone. Mr. Price restated hi s understanding that the motion
approves four (4) townhomes and not five (5), to which Mr. Friedman agreed. Assistant City
Attorney Kopp asked if Mr. Friedman wanted to deny the request. Mr. Friedman responded in the
affirmative and withdrew the original motion and made a new motion: to deny the change of non-
conforming use that includes five townhouses on the property. The new motion was seconded by
Mr. Kittleson. The motion failed with voting as follows: Mr. Kittleson, For; Mr. Pearson, Against;
Mr. Friedman, For; Dr. Fredrickson, Against; Mr. Russell, Against; Mr. Price, Against.
Motion by Mr. Price, seconded by Mr. Russell, that we recommend to the Board of Adjustment
for Change of Use to authorize a five (5) unit townhouse in the R-2 Zone per City Code of
Ordinances, Section 110-195. The motion carried with voting as follows: Mr. Kittleson, Against;
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Planning & Zoning Board
Meeting Minutes
May 27, 2015
Mr. Pearson, For; Mr. Friedman. Against; Dr. Fredrickson, For; Mr. Russell , For; Mr. Price, For.
Vote on the Motion carried.
4. Quasi-Judicial and/or Public Hearing Consideration and Recommendation to City
Council Re: Preliminary Plat in the C-1 zoning District, per City Code of Ordinances,
Chapter 98, Article II. Plats and Lot Splits -Brian Thornton/RaceTrac Petroleum,
Inc.-Owner (8899 Astronaut Boulevard).
This item was removed from the agend a, see above.
REPORTS AND OPEN DISCUSSION:
None.
ADJOURNMENT:
Motion by Mr. Friedman, and seconded by Mr. Pearson to adjourn the meeting at 7: 14 p.m.
Approved on this __ day of _________________ , 2015.
John Price, Chairperson
Patsy Huffman, Secretary
6
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 07/01/2015
Item No. 2-
Subject: Ordinance No. 07-2015 amending Chapter 110, Article X. A1A Economic
Opportunity Overlay District; providing for the repeal of prior inconsistent Ordinances
and Resolutions; incorporation into the Code; severability; and an effective date.
Department: Community Development (CD)
Summary: At its July 17, 2012 meeting, the City Council adopted Ordinance No. 11-
2012 approving the A 1 A Economic Opportunity Overlay District (EOOD). The EOOD
provides guidelines and standards for development projects within its boundaries.
The genesis of the EOOD lies in the 2009 Community Visioning process. The objective
of the EOOD was to address community goals raised in the Visioning process. In
particular, to create a sense of identity for the City's northern gateway, leverage
opportunities for economic development related to Port Canaveral, attract services
desired by the citizens, and allow for additional uses such as a mixed-use, town center
type development.
To that end, the EOOD was established and includes design standards, a mechanism
for increased building heights, revised hotel requirements, increased landscaping
requirements , and facilitates mixed-use development. These new standards created an
"overlay" which enhanced the underlying zoning regulations. The EOOD currently runs
along the A 1 A corridor from the Port in the north to the Canaveral River area to the
south (see Attachment #1 ).
The City's location, relative to the Port and Cocoa Beach will result in continued
development pressure. Recent development activity includes the construction of a
Dollar General store at 6395 No. Atlantic Avenue, and a Homewood Suites Hotel at
9000 Astronaut Boulevard. The hotel project was reviewed under the current EOOD
guidelines. According to the project's developer, this significant project would not have
been feasible if not for the standards contained within the EOOD.
This proposal expands the current boundaries of the EOOD to include the majority of
the properties within the Community Redevelopment Area and the Brownfield districts
(see Attachment #1 ). Both of these districts were established to support redevelopment
and were demarcated by defined criteria consistent with Florida Statute.
The northern expansion area includes properties northeast of the current EOOD near
the Port facilities, properties within the No. Atlantic Avenue corridor and the property
that is the site of the proposed Casa Canaveral Assisted living Facility.
The southern expansion area includes properties from the current EOOD boundary to
the southern City limit. This includes properties that are adjacent to the Banana River.
As the City continues to experience growth pressure within the corridor, it is critical that
uniform rules be established that result in a seamless development pattern along the
entire length of A 1 A. This consistency is a critical ingredient of creating a sense of
identity called for in the VisioninQ initiative.
Planning and Zoning Board Meeting Date: 07/01/2015
EOOD Expansion
Page 2 of 2
In addition to the geographic expansion of the EOOD, this proposal also includes
several policy revisions (see Attachment #2), including:
1. Added "Waterfront Restaurant" as a permitted use in the C-1 and C-2 zoning
districts and a special exception in the M-1 district.
2. To facilitate pedestrian and vehicular connectivity between parcels, cross access
will be encouraged (Sec. 110-629).
3. Clarifies the allowance for up to one row of parking between the front of a
building and the adjoining street (Sec. 110-669).
4. Requires off-street parking be buffered from a residentially zoned property. It is
currently only required when the parking is adjacent to a residential building (Sec.
110-689).
5. Buildings exceeding 45 feet will require a minimum 14 foot stepback for each four
stories or heights above 45 feet (Sec. 110-624 ).
6. In the event where a parcel contains both a commercial and residential zoning
district, the residential portion may be developed as an accessory use to the
principal commercial development (Sec. 110-611 ).
7. Through the establishment of building zones, articulated building frontages and a
diversified corridor viewshed can be created (Sec. 110-625).
It is important to note that the EOOD is an overlay, which does not eliminate the
underlying zoning standards, but rather augments them.
Attachments:
#1 -EOOD Boundary Map (Current/Proposed)
#2 -Ordinance No. 07-2015
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of Ordinance No. 07-2015 to the City Council.
Approved by CD Director: David Dickey '\\) Date: 6/23/2015
ECONOMIC OPPORTUNITY OVERLAY DISTRICT
{EOOD)
Legend
c:J Existing EOOD
C Proposed EOOD
Attachment #1
Attachment #2
ORDINANCE NO. 07-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES, TO REVISE
ARTICLE X, Al A ECONOMIC OPPORTUNITY OVERLAY
DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO T HE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Alticle VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, in 2009, the City conducted a community-based, citizen-driven Visioning
process to develop a vision and strategy for future development and redevelopment of
underutilized areas located in the City; and
WHEREAS, some of the recommendations developed as a result of the Visioning
process included revising the City's zoning code to allow for mixed-use development and a town
center, as well as taking a proactive approach to economic development; and
WHEREAS, in 2012, the City adopted the AlA Economic Opportunity Overlay District
( .. EOOD'.) to promote hospital ity-related commercial development capitalizing on Port
Canaveral; to provide guidance and direction in th e design of new buildings and rehabilitation of
ex isting buildings and storefronts in order to improve their appearance; to enhance the A I A
corridor's identity; and to promote a pedestrian-friendly environment; and
WHEREAS, it is critical that uniform ru les be established that result in a seamless
development pattern along the entire length of A IA to create a sense of identity as called for in
the Visioning initiative; and
WHEREAS. the City's Planning & Zoning Board/Local Planning Agency reviewed the
proposed revisions during a public hearing on July 01, 2015 and recommended approval of same
to the City Council; and
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to
be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, TH EREFORE, THE C ITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of Cape
Canaveral.
Section 2. Conforming A mendments to Chapter 110, Zoning. Chapter 11 0,
Zoning, 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
* * *
ARTICLEX.
***
DIV1SION I -GENERALLY
Sec. 110-585. -Introduction.
(1) The A 1 A Economic Opportunity Overlay District C:.:EOOD" or "District°') provides
guidelines and standards for public and private development projects in commercially zoned
areas along Al A. Consistent with the intent of the 2009 Community Visioning and the 2012
Conununity Redevelopment Plan, the District EOOD is developed to promote hospitality
related commercial development that capitalizes on the economic benefits of Port Canaveral;
provide guidance and direction in the design of new buildings and rehabilitation of existing
buildings and storefronts in order to improve their appearance, enhance the corridor's
identity and promote the pedestrian environment of the District.
(2) All projects within the boundaries of the District Al A EOOD shall comply with the
following Design Guidelines and Development Standards. These requirements have the
overall goal of encouraging compact, pedestrian-oriented developments and attractive public
outdoor spaces. The District EOOD is designed to create a unique identity for the A lA
Co1Tidor with a distinct sense of place while attracting new businesses and customers, and
providing for the comfort, convenience, and safety of workers, residents and shoppers.
(3) The District A:lA EOOD Design Guidelines and Development Standards ("Standards") set
forth in this Article shall be in addition to and not in substitution of the underlying zoning
distJict regulations and other regulations contained in this Code which shall also remain
applicable to the District AlA EOOD. The District AlA EOOD DesigR GHideliRes aed
DevelopmeRt Standards of this Al1icle will govern development and redevelopment within
the District Al A EOOD and wi ll control where conflicts between regulations occur.
Sec. 110-586. -Boundary and organization.
The boundaries of the District Al A EOOD are shown on Figure 1. The District Al A EOOD
primarily consists of properties zoned for conunercial, office, and industrial uses which abut or
are in close proximity to A I A from t:l=te generally extending from the city limits on the north to E.
Grant Avenue on the south Canaveral Ri\•er area eA the soHth.
ECONOMIC OPPORTUNITY OVERLAY DISTRICT
(EOOD)
I N
A . --~ M
Figure 1. Economic Opportunity Overlay District Boundary Map
Sec. 110-587. -Applicability.
(I) The District Al A Beeeemie Oppoffilflity o .. ·erla)' Distriet (EOOD) is a commercial corridor
of ae approximately one and three-quarter mile~ eemmereial eorrider, generally centered on
both A 1 A (Astronaut Boulevard) and N. Atlantic Avenue and recognized as extending from
the entrance to the City of Cape Canaveral on the north to Grant A venu e on the south the
CaAa'1eral Rh'er area on the south. This a1313r0Kirnately oAe mile eorridor is i-Rterseeted ey
CeAtral Boulevard which generally ruAs east west.
(2) The area of the district along Al A is intended to serve as the main gateway into the City of
Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the
main street to the City of Cape Canaveral's Town Center and as a transition between the land
use, circulation, and streetscape along A I A and the Town Center. This District is intended to
have the most intenseive commercial and residential uses within the City. The EOOD is
meant to provide a lively and attractive interface between the proposed Town Center and the
adjacent residential communities, while maintai ning a primarily commercial street frontage
along A 1 A, N. Atlantic A venue and Central Boulevard.
(3) The streets will have a retail/commercial service atmosphere with small or large
neighborhood stores at street level and apartments or offices on upper stories fleers. The
retail composition of the district shall include, but not be limited to, retail stores, personal
services, hotels, cultural facilities, hospitals, clinics, pharmacies, convenience stores with
gas, high tech manufacturing, entertainment, and eating establishments including rooftop
restaurants that serve the EOOD as well as stores, eating establishments, and business
services (printing, accounting, etc.) that serve the other businesses and office users in the
area. Residential uses shall be pennined within the District; however, shall be limited to
upper stories fleers along AlA. N. Atlantic Avenue and Central Boulevard within the
EcoAomic Opport:HAity 0•1erlay District.
(4) The main street component of the District is intended to provide a mi xed-use, pedestrian-
oriented focus for the proposed Town Center, with land uses serving Town Center residents
and visitors. This sub-district provi des the City of Cape Canaveral with a small-town style
walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet
relaxed. Smal I-scale retail and other commercial uses shall occupy as much of the ground
floor frontages along Central Boulevard as the market will bear. Upper stories fleers shall be
office or residential along these two main streets. This district also shall provide the
potential for continuum-of-care developments such as independent, assisted living and
skilled care facilities.
***
Sec. 110-591. Design principles.
The A I A Economic Opportunity Overlay District (EOOD) is based upon a set of design
principles. These principles are:
(1) Consistency: The AIA Commercial corridor features a mixture of development types
including community serving retail uses, office buildings, hotels and convention
facilities, strip-commercial centers, neighborhood-serving retail, nighttime
entertainment uses, attractions, and restaurants. Design of these structures has been
influenced by use, age, and site dimensions. Within the context of these constraints,
developments can achieve the principle of consistency through selection of colors,
exterior surface materials, scale, rhythm, proportions, landscaping and sign programs.
(2) Activity: Active street life, which can be enhanced by design considerations, is a major
component of thriving pedestrian commercial districts. There are many opportunities to
insert options for increased street-level pedestrian activity along AJA. Through building
orientation, circulation, storefront design and landscaping, development can further
promote the principle of safe pedestrian activity.
(3) Pedestrian orientation: Pedestrian orientation can be achieved through storefront
ornamentation, reduction of blank surfaces, building articulation, proportion, rhythm,
color, and texture. G\iideliRes aed Standards based upon this principle address wall
surfaces, windows, awnings, signage, and architectural treatments.
(4) Safety: Public safety is critical to the success of a commercial district. Public safety in
this case refers not only to safety from criminal activity, but also creating an
environment in which pedestrian and automobile traffic can safely coexist. The design
and development of commercial centers and the public open space adjacent to them
shall include considerations of public safety. Public safety issues can be addressed
through site planning considerations such as the location of parking lots, lighting,
signage and landscaping.
(5) Simplicity: Design Guidelines and Standards for the AlA Economic Opportufl'ity
Overlay District shall provide for public convenience by clearly identifying th e nature
of the business and communicating points of ingress and egress for pedestrian and
automobile traffic. These issues can be addressed through architectural treatments as
well as through site planning considerations such as the location of parking lots,
lighting, signage and landscaping.
Sec. 110-592. -Definitions.
The following words and phrases, whenever used in this article, shall be construed as
defined in this section. Words and phrases not defined herein shall be construed as defined in
section 11 0-1 of this Code.
***
Mixed-use development: A type of development which may include one building, set of
buildings, or defined project area for more than one purpose and may include any combination of
uses, but not limited to residential, retail shops, eating establishments including rooftop
restaw·ants, professional offices, industiial, and civic uses in either a horizontal or vertical
setting.
***
Stepback: A stepback is a setback located on the upper stories fl.eefS of a building, typically to
reduce the bulk of a building or to provide outdoor floor space.
***
Sec. 110-605. -General.
The plaAAiAg effieial Director of Community Development or designee, shall have the
authority to render interpretations of this code, to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and procedures shall be in
compliance with the intent or purpose of th is Code.
Sec. 110-606. -Procedures for design compatibility approvals.
No building permit will be issued for any project, and no person will perform any
construction work on a project, until the buildiAg ele¥atieAs, site plaAs &Ad ether documents
required by section 22-44 of this Code have been submitted to the PlaR:."1-iflg 0fld Community
Development Department and approved according to the procedures in Article III of Chapter 22
of this Code.
Sec. 110-607. -Plan submittals.
A design compatibility approval shall also include the site plan criteri a set forth in section
110-222 of this Code.
Sec. 110-608. -Nonconforming uses, structures and buildings.
Those legall y existing uses, structures and buildings that do not comply with the AM
EOOD Desigfl GuideliAes aAd StaAdards provisions of this article at the time of its adoption shall
be deemed nonconforming and shall be governed by article V of chapter I I 0 of this Code.
Sec. 110-609. -Use matrix.
The A JA EeoRomi o Opportunity 0¥erlay District is intended to serve as both the main
gateway area into the city as well as the main street to the city's proposed Town Center. +he
district will ha¥e the FROSt ietense eommereial iAtensity along A I A and there will be a transitieA
betweeA the laAd use, oiroulation, and streetseape aloeg Central Beule¥ard. The following land
use matrix (Table I) identifies the uses which are permitted by right (P), permitted by a special
exception (SE), or not allowed (NA).
Table 1 -Land Use Matrix
*Uses (not a complete llstin2) C-1 C-2 M-1
Retail p p 'P
Personal Services p p 'SE
Hotels and Motels p 'P 'SE
Banks p p 'SE
Waterfront Restaurant p p SE
Assisted Living Facility SE 'SE NA
2Pharmacies p p NA
.tFlex space (office, showroom, warehouse) SE SE p
~Convenience store w/gas SE SE p
.tHigh tech I light manufacturing SE p p
~warehousing NA SE p
.tOff-site cruise ship parking accessory to hotels and SE SE SE
motels
:.icommercial Parking Facility (minimum lot size of 5 NA NA SEP.~
acres)
'Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA)
Development Agreement (DA)l
1 Attraction and Destination uses PD PD PD
'Mixed Use Development uses (i.e. Town Center) PD PD PD
1Added use.
2 Use included to clarify intent of code.
;-Subjeot to specific screening requirements set fortli in sectioH 110 690 of this Gode.
*Uses not specifically listed may be approved as a Planned Development (PD).
***
Sec. 110-611. -Propertv containing both commercial and residential zonin2 district
designations.
In the event that a parcel of real property located within the District contains both a
commercial and residential zoning district designation, the residential portion of the parcel may
be developed in accordance with either the applicable underlying zoning regulations or as an
accessory use to the principal commercial development on the commercial portion of the parcel.
Sec. 110-6U £-110-620. Reserved.
DIVISION 3. -SITE PLANNING
Sec. 110-621. -Intent.
( 1) Site planning involves the proper placement and orientation of structures, structure height,
development acreage, open spaces, parking and pedestrian and vehfoular circulation on a
given site. The purpose of good site design is to create a functional and attractive
development, to minimize adverse impacts, and to ensure that a project will be an asset to
the community.
(2) Proper site planning shall promote harmony between new and existing buildings and shall be
sensitive to the scale, form, height, and proportion of sun-ounding development. Good
design with complementary landscaping is a major component in creating vibrant
commercial areas that foster a pleasant and desirable character, pedestrian activity, and
economic vitality. Factors such as the size and massing of buildings, the orientation of
storefronts, and circulation greatly influence the quality of the pedestrian experience.
(3) Within the Al A BeoROmie Opportunity 0·1erlay Di strict, site planning and design of new
buildings and the rehabilitation of existing buildings shall promote continuity of the historic
context of buildings (as shown in historic documentation) in relationship to the existing
pattern and scale of streets, sidewalks and parking. The guidelines and standards below
reinforce the existing historic development patterns (as shown in historic documentation)
and provide a site planning framework for both infill developments and rehabilitation and
revitalization of existing buildings.
Sec. 110-622. -L EED or LEED equivalent design.
(1) Intent: LEED (Leadership in Energy and Environmental Design) is a national consensus-
based, market-driven bui lding rating system developed by the U.S. Green Building Council
to encourage the development and implementation of green building practices. This rating
system is incorporated in the categories of site, water, energy, materials, and air quality. The
city desires to encourage, where practical, the use of LEED or a LEED equivalent rating
system in the design of projects within the Al A Beoaomie Opport1:tnity 0Yerlay District
(EOOD).
* * *
Sec. 110-623. -Building orientation .
(I) Buildings shall be oriented towards AlA, N. Atlantic Boulevard and Central Boulevard as
well as adjacent cross-streets in order to encourage pedestrian activity along the sidewalks of
AlA. N. Atlantic Boulevard and Central Boulevard and to facilitate pedestrian access to and
from the sidewalk to adjacent prope11ies.
a. Projects with rear lot lines abutting a street, alley, or parking lot shall incorporate
pedestrian entrances at the rear lot line in addition to those on A 1 A, N. Atlantic
Boulevard and Central Boulevard .
Sec. 110-624. -Building height.
(1) Building height shall be correlated to the scale of the street along which it faces and shall
encourage a comfortable pedestrian-oriented environment.
a. The standard building height for projects 1NithiR the EOOD shall be up to four stories or
45 feet.
b. Increased building heights above fo ur stories or 45 feet may be considered up to six
stories or 65 feet, if height mitigation measures such as a bui lding stepback (as
illustrated in Figure 2 and Figure 2a) or setback are proposed and approved by the
community appearance board. Buildings exceeding 45 feet shall provide a stepback of
at least 14 feet along all sides facing a public roadway.
c. Increased building heights above 65 feet may be considered pursuant to a Planned
Development (PD) approved by the city council on a case-by-case basis. Building
heights above 65 feet shall provide additional stepbacks of at least 14 feet each, at each
four story interval, along all sides facing a public roadway.
d. Any single-story structure in which the floor to ceiling height exceeds 15 feet or the
exterior faya de height exceeds 25 feet, shall be designed to appear like a multistory
structure. Exceptions to this requirement may be reviewed and considered for approva l
by the conununity appearance board based pursuant to requirements of this article.
Figure 2. Building Height
Sec. 110-625. -Building setbacks and building zones.
( 1) Building setbacks. Buildings shall be setback from the right-of-way a sufficient distance to
encourage pedestrian activity.
a. Building setback along A lA shall be a minimum of 15 feet.
b. Building setback along all other public streets shall be a minimum of ten feet.
c. Ex cept as noted above for stepbacks. building setbacks fo r the side and rear lot lines
shall be a minimum of ten feet.
~ Where adopted Fire Codes exceed these standards. the greater setback distances shall
~
(2) Building Zones. Building Zones are those areas in which the primary and secondary facades
are located in relationship to the required setbacks and building frontage requirements. Building
zones are intended to provide for articulated building frontages and a di versified corridor
viewshed without creating a continuous massing of buildings.
a. The Primary Building Zone (Zone I) is the area of the building extending from the facade
to a depth of ten feet {see Figure 3).
b. The Secondary Building Zone (Zone 2) is the area of the building extending from the rear
of the Primary Building Zone to a depth of ten feet (see Figure 3).
Figure 2a. Building Height-Stepback
I
-L
Figure 3. Building Zone Diagram
Sec. 110-626. -Buildin2 Frontage.
ill Building Frontage is the percentage of the width of a lot that is reguired to be occupied
by the building's facade within both the Primary and Secondary Building Zone.
a. The maximum bui lding frontage shall not exceed 90 percent of the Jot width subject to
provision of access as provided in sub-section (b) below and be provided as fo llows:
i. Within the Primary Building Zone (Zone I), the building facade shall occupy a
minimum of 50 percent and a maximum of 75 percent of the lot width.
11. The remaining building facade width shall be located within the Secondary
Building Zone (Zone 2).
b. A minimum 24 foot access from the primary street shall be required in order to provide
sufficient access to parking areas, service areas, or adjacent properties as part of a duly
recorded shared parking agreement. Where access to the subject property is not provided
either from the primary street or an adjacent property through a du ly recorded shared
parking agreement or where access is provided from the rear of the subj ect property, this
distance may be reduced to 10 feet and may include a public space such as a plaza,
pedestrian connection. sidewalk, arcade or similar feature. This area shall not include a
wall or other similar feature that creates the appearance of a continuous wall.
c. The location of the primary facade's principal plane is not changed by facade extensions
such as bay windows, awnings, porches, balconies, stoops, colonnades, or arcades, or by
upper stories that are closer to or further from the street.
d. The width of a porte cochere may be counted as part of the primaiy facade.
e. Modifications from these standards may be considered pursuant to a Planned
Development (PD) approved by the city council on a case-by-case basis.
Sec. 110-62'1· -Proj ect size.
(1 ) All uses within a project shall be sized to provide sufficient building setback and to
encourage a pedestrian-oriented environment.
a. All uses shall have a minimum lot size consistent with the area required to meet
the building setback, lot coverage and development standards of the underlying
zoning district.
b. There shall be no minimum lot size for hotel development within the M-A
EcoAomie Opportunity Overlay Distri ct. However, there shall be a minimum of
150 units that must be constructed at the same time.
c. Building setback, lot coverage and developments that are inconsistent with these
requirements may be approved pursuant to a planned development (PD) approved
by the city council on a case-by-case basis.
Sec. 110-62.+~. -Lot coverage.
(I) Buildings and accessory structures shall be sized to maximize the efficient use of the lot.
a. Lot coverage (as defined in section 110-1) shall be no more than 80 percent of the
developable land area provided the setback, stom1water and landscaping requirements
are met.
Sec. 110-6282,. -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 maximwn 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 p1imary 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-~30. -Utility and service ar eas.
( 1) Utilities, storage areas, mechanical equipment, fire alanns, sprinkJers and other service areas
shall be located so that they are not visible from the public right-of-way.
a. Storage areas and mechanical equipment installed as pru1 of a new project shall be
placed to the rear of the site and screened from public view by the use of landscaping,
wall or other similar buffer.
b. Utilities shall be constructed and installed underground per section 110-482.
c. Roof-top equipment shall be screened from view on all sides by an appropriate
architectural treatment such as a parapet wall or other architectural feature.
Secs. 110-63()!-110-640. -Reserved.
***
Sec. 110-644. -Building continuity.
(1) Maintain building openings that enhance building design and continuity, as well as the
pedestrian experience.
a. Buildings shall be generally designed to maintain a continuous street wall along the
length of a block except to accommodate building articulation pursuant to section 110-
643 and maximum building frontage standards pursuant to section 110-626.
***
Sec. 110-654. -Awnings and canopies.
(I) Add awnings or canopies to provide variation to simple storefront designs in order to
establish a horizontal rhythm between structures where none exists and add color to a
storefront.
a. The size, scale and color of the awnings shall be compatible with the rest of the building
and shall be designed as an integral pa11 of the building architecture.
b. Awnings and canopies shall be constructed of high quality, substantial materials which
must be durable and fade resistant and maintained in good condition and replaced
periodically.
c. Canopies and awnings that span an entire building are di scouraged. The careful spacing
of awnings that highlight certain features of a storefront or entryway is encouraged.
d. Canopies and awnings shall be located a minimum of eight feet above the sidewalk.
Canopies and awnings may extend into the required setbacks by up to 50 percent of the
required setback providing they do not impede pedestrian flows and or restrict utility
and drainage easements.
***
Sec. 110-669. -Surface parking.
(I) 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 confom1 to the landscape
requirements detailed in Division 6 of this Article.
***
Sec. 110-687. -Project perimeter.
(1) To create visual interest and transition on the project perimeter belweeA aEljaoeat
properties, a landscaped area shall be provided between the adjacent properties and the
public right-of-way.
a. The landscaped area shall be equal to the full linear length of the property and
have a minimum depth of five (5) feet.
b. At least fifty (50) percent of the required landscaped area shall consist of
landscaping capable of achieving a minimum of thirty (30) inches in height, with
one (I) medium or large tree planted for each twenty-five (25) feet or fraction
thereof of the linear property length, or one (1) small tree or palm tree planted for
each fifteen ( 15) feet or fraction thereof of the linear property length. When
locating trees, consideration shall be given to impact on underground and
overhead utility lines.
c. The layout of the required landscaped area shall be at the discretion of the owner,
such that the required square footage may be aggregated to provide maximum
aestheti c value. However, each perimeter requiring landscape must have at least
fifty (50) percent of the required landscape along that perimeter.
d. Unless otherwise expressly required by this article, the community and economic
development director may exempt a perimeter boundary from this section if the
community and economic development director determines that the perimeter
boundary does not abut a public space, including, but not limited to, a public road,
sidewalk or park, and the perimeter boundary does not create any visual interest
or transition on the perimeter between adjacent properties.
e. Commercial parking facilities subject to section 11 0-690 are exempt from this
section.
* * *
Sec. 110-689. -Surface parking lots.
(1) Buffer off-street parking adjacent to a public right-of-way or residential btiildings 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 A I A shall be ten (10) feet and five (5) 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 thi1ty (30) inches from
grade may be permitted in lieu of a required knee wall.
e. A knee wall or berm may be fragmeflted, 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.
***
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.
[Remainder of Page Intentionally Left Blank]
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this __ day
of , 2015.
ATTEST:
ANGELA APPERSON, City Clerk
ls1Legal Ad publ ished: _____ _
First Reading: _____ _
2nd Legal Ad published: _____ _
Second Reading:------
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
Rocky Randels, Mayor
For Against
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels ---
Betty Walsh