HomeMy WebLinkAboutP&Z Agenda Pkt. 5-9-2018 PLANNING & ZONING BOARD
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
100 POLK AVENUE, CAPE CANAVERAL, FL 32920
May 9, 2018
6:00 P.M.
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
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: March 14, 2018
2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation Re: Site
Plan Approval for the Golf-N-Gator Amusement Center Expansion (go-kart track)
located at 6355 N. Atlantic Avenue, per City Code of Ordinances, Section 110-223 —
Golf-N-Gator, LLC, Applicant.
REPORTS AND OPEN DISCUSSION:
3. Vehicle Rental Facilities
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.
Planning&Zoning Board Meeting Agenda
May 9,2018
Page 2
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 (Amended)
March 14, 2018
A Meeting of the Planning & Zoning Board (P&Z) was held on March 14, 2018, at City Hall
Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson John Price called the
meeting to order at 6:00 p.m. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price Chairperson
Harry Pearson
Ron Friedman
Dr. John Fredrickson
Albert Franks,Jr.
MEMBERS ABSENT
Lamar Russell Vice Chairperson
OTHERS PRESENT
Anthony Garganese City Attorney
David Dickey Community Development Director
Patsy Huffman Board Secretary
PUBLIC PARTICIPATION:
None.
NEW BUSINESS:
1. Approval of Meeting Minutes: December 13,2017.
Staff recommended to postpone approval until next meeting on April 25, 2018.
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.
Motion by Mr. Friedman, seconded by Dr. Fredrickson to elect John Price as Chairperson. Vote
on the motion carried unanimously.
Motion by Mr. Capellan, seconded by Mr. Price to elect Mr. Russell as Vice Chairperson. The
motion carried 5-1 with Mr. Franks voting against.
3. Interview & Recommendation to City Council Re: Potential Alternate Board Member
—Melissa Bass.
Planning&Zoning Board
Meeting Minutes
March 14,2018
Mrs. Bass stated she and her husband moved to Cape Canaveral in 2009, is familiar with Site
Plans,building plans, speaking with Engineers and Officials and feels she has some skills to offer
this Board.
Motion by Mr. Price, seconded by Mr. Capellan to recommend appointment as an Alternate for
the Planning and Zoning Board to City Council. Vote on the motion carried unanimously.
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.
Mr. Dickey presented Staffs report/photos. Staff explained the process in order for a hotel to
submit application. The project has met the setback,parking, lot coverage and landscape
requirements. Hotel will be a single structure that will share amenities.
Mark Robbins, Applicant, showed a Powerpoint presentation and addressed purchase of the
property, access,proposed hotel location,emergency access route, stormwater retention, lighting
and all approvals in place.
Mr. Price opened the meeting to the public.
Peggy Green. 219 Long Point Rd., spoke about traffic concerns and number of hotels,Dennis
Buhtz, 535 Taylor Ave., had concerns regarding retention ponds and 1st floor of building as it
relates to storm surge and access to the property and Andrea Shea King, 707 Orange Ave., also
had concerns regarding access and traffic.
Mr. Price closed the meeting to the public
Motion by Mr. Pearson, seconded by Mr. Friedman to recommend approval. Vote on the motion
carried unanimously.
Mr. Price requested at 10 minute break at 7:25 pm.
Mr. Price reconvened the meeting at 7:40 pm.
5. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City
Council Re: Ordinance No. XX-2018, 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
2
Planning& Zoning Board
Meeting Minutes
March 14, 2018
Mr. Dickey present Staff's report/photos. Staff explained Medical Marijuana Treatment Centers
(MMTC)in relationship to pharmacies, county-wide moratorium will expire, requirements for
employees working at these facilities to include background checks and registered with local law
enforcement. This issue has not been presented to City Council. City Attorney Garganese gave
further explanation regarding pharmacies,MMTC and allowed locations for these uses.
Discussion ensued to include if the City of Cape Canaveral would be a lucrative location; 70,000
people needed to support one dispensary, clarification that medical marijuana can be
acquired/used in the City of Cape Canaveral regardless of the Ordinance, one can travel outside
of the City to purchase, prescription required to purchase, no sales tax (same as any other type
prescriptions) and no limit to number of facilities allowed.
Mr. Price opened the meeting to the public.
Peggy Green was concerned about bringing MMTC to the City and possibility of causing a drug
problem.
Mr. Price closed the meeting to the public.
Motion by Mr. Friedman, seconded by Mr. Price to recommend approval of the Ordinance to
City Council. Vote on the motion carried 4-2 with Mr. Franks and Mr. Pearson voting against.
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
Mr.Dickey presented Staffs report/photos. Staff read from Sec. 10-372 of the City Code regarding
minimum lot width to include the following:
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 8 feet for an end unit, a 12-foot wide
townhouse structure is possible.
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.
3
Planning& Zoning Board
Meeting Minutes
March 14, 2018
The Ordinance also allows for the conversion of single and multi-family dwellings, existing prior
to October 4, 1988, into a townhouse.
City Attorney Garganese gave further explanation regarding minimum lot sizes and provisions of
the Ordinance.
Discussion ensued to include that the Ordinance would affect new construction, not adopting the
Ordinance, building smaller townhomes, issues that could arise down the road, converting multi-
family units into townhomes, past building standards, addressing current issues with the
Ordinance, modifying before presenting to City Council and promoting home ownership.
Jim Rao, property owner, spoke in favor of the Ordinance. City Attorney Garganese explained
how the Ordinance would help this property owner.
Motion by Mr. Pearson, seconded by Mr. Franks to recommend approval of the Ordinance to City
Council. Vote on the motion carried 5-1 with Mr. Friedman voting against because it did not meet
the minimum City Code requirements.
REPORTS AND OPEN DISCUSSION:
Mr. Capellan spoke regarding traffic on Al A; suggested pedestrian bridges; parking structures vs
surface parking and concerns for cyclists on Thurm Boulevard. Mr. Dickey explained
plans/process regarding funds for a upcoming streetscape/bicycle path along W. Central and
Thurm Blvd. Mr.Price suggested these projects should be considered by developers as part of their
project(s). Mr. Franks had concerns regarding Cherie Down Park. Mr. Dickey agreed and
explained there are issues being addressed to include working with the School Board and Brevard
County and some of the challenges regarding paid parking.
ADJOURNMENT:
Motion by Mr. Friedman, seconded by Mr. Franks to adjourn the meeting at 8:45 p.m. Vote on the
motion carried unanimously.
Meeting reconvened briefly by Mr. Price to allow Peggy Green to speak to the Board regarding
impact fees and developers to help pay for a pedway across AlA and the challenges facing
residents trying to cross.
Motion by Mr. Friedman. seconded by Mr. Price to re-adjourn the meeting. Vote on the motion
carried unanimously.
Approved on this day of , 2018.
John Price, Chairperson
4
Planning& Zoning Board
Meeting Minutes
March 14, 2018
Patsy Huffman, Board Secretary
5
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City of Cape Canaveral
g a: 44,
Planning and Zoning Board
Meeting Date:5//2018
Item No.
Subject: Request for Site Plan Approval for the expansion (go-kart track) of the Golf-n-Gator
Amusement Center located at 6355 N. Atlantic Avenue (Parcel #24-37-26-00-287).
Department: Community Development (CD)
Applicant/Owner: Mike Allen, PE/Golf-n-Gator, LLC
Summary: This request is for Site Plan Approval for the proposed expansion of the Golf-n-
Gator Amusement Center located at 6355 N.Atlantic Avenue. This property is 2.07 acres in size
and is zoned C-1 which allows commercial recreation as a permitted use.
The area surrounding the subject parcel is primarily zoned commercial (C-1) with a smaller
amount of residential (R-1 & R-2) to the west (see Attachment 1). The proposed use is a
permitted use in the C-1 zoning district. Land uses in the area consist of outdoor recreation,
commercial, office and residential. The subject parcel is the site of an existing miniature golf
course. The proposal is a continuation of the recent development trend in this part of the City
with the opening of Dollar General and Aerial Adventure Park.
The proposed expansion includes the construction and operation of an elevated, electric go-kart
facility. A new 2,823 square foot, 2-story, pit-stop building is proposed south of the proposed I
track. Carts will be stored and loading/unloading of patrons will occur here. Retention for the
new impervious area will be located under the proposed track. Access to the parcel is from an
existing driveway on Holman Road.
Currently,the property contains 78 designated parking spaces.The site plan indicates 38 parking
spaces (including 2 handicap spaces) once the proposed improvements are constructed. City
Code does not include parking standards for either miniature golf or go-kart tracks. Therefore,
as required in Sec. 110-491,similar uses in the Code were used to determine appropriate parking
standards for the proposed project.
Use Parking Ratio Total Provided
Kart Track 1 space/2 karts 18
Miniature Golf 1 space/2 holes 18
36 38
As an example,the City of Cocoa requires 12 spaces per course for miniature golf and 10 spaces
per track for go-karts, plus 1 space per employee. This would equal 38 spaces if applied to the
proposed redevelopment project.
Setbacks for C-1 zoned property are indicated in the following table:
Setbacks (ft.) Required Proposed
Front 50 50
Rear 10 10
Side 0 7
Planning and Zoning Board Meeting Date: 5/9/2018
Site Plan Approval—Golf N Gator Coaster Track
Page 2 of 2
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.
Section 110-567 of City Code contain landscaping requirements that the project will be required
to meet. Notably, standards for tree planting throughout the parking area. As the subject parcel
is surrounded by commercially zoned property, there is no requirement for perimeter
landscaping.
As required by Sec. 86-6 of City Code, a traffic analysis performed by Traffic Planning and
Design,Inc.,dated April 30,2018,was submitted that indicates that the proposed expansion will
generate 2 additional PM Peak Hour trips. Therefore,no evaluation of road capacity is required.
Water is 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. The City Engineer
recommended approval of the site plan on April 17, 2018 (Attachment 3).
As required by Section 110-606, the Community Appearance Board, on April 18, 2018,
approved a Level 1 review for the proposed expansion.
The remaining approvals needed include an administrative Site Development Permit and
Concurrency review.All City development standards will be implemented during the permitting
phase.
Submitting Director: David Dickey ' 1 Date: 5/2/2018
Attachments:
1 —Location Map/Zoning Map
2 - Site Plan Application/Checklist
3 —City Engineer Approval Letter—April 17, 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 Golf-N-Gator expansion
for property located at 6355 N. Atlantic Avenue, as generally indicated in Attachment 4 to this
report.
ATTACHMENT 1
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Attachment 2
APPLICATION FOR SITE PLAN REVIEW
DATE: 3-5-18
PROJECT NAME: Coaster Thunder Volt Track at Golf N Gator
LEGAL DESCRIPTION: See Accom.an ' 1 Surve and Site Plan
Site Address: 6355 North Atlantic Avenue,Cape Canaveral
OWNER(S)NAME: Golf N Gator, LLC/David Kabboord.Manager
OWNER(S)ADDRESS:_3201 North Atlantic Avenue,Cocoa Beach, FL 32931
OWNER(S)E-MAIL: david@kabboordproperties.com
PHONE NUMBER: (OFFICE) 321-783-1234 (CELL) 321-960-9265
NAME OF ARCHITECT/ENGINEER: Michael S. Allen/Allen Engineering, Inc._
PHONE NUMBER: (OFFICE) 321-783-7443 (CELL) 321-302-3276
AGENT/APPLICANT NAME: Same as Owner
PHONE NUMBER:
EMAIL:
AGENT/APPLICANT SIGNATURE: i . -
David Kabboord, anager—Golf N Gator,LLC
BECENEnn
MAR 062018 110)
COM. DEV. DEPT
Updated 2/2018
SITE PLAN CHECKLIST
The following checklist has been prepared to assist in preparation of a required Site Plan. Please
see Sec.110-222 of the City Code for a complete list of Site Plan criteria.
The drawing must be sealed and drawn to scale by an appropriately licensed design professional,
no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site
data:
Site Plan Information:
(General)
Yes No N/A
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)
Updated 2/2018
Yes No N/A
X _ _ Parking
X Swimming pool(s)
X _ _ Driveway(s)
X Recreation
X Trash
X Sidewalks
X Dune crossover(s)
X Other(specify)
X _ _ Type of enclosure for communal trash container(s)
X Fire alarm and standpipe data
X Vicinity map
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 Updated 2/2018
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:
Living
•
Parking
X _ _ Other(specify) Elevated Race Track
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.
Updated 2/2018
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(24"x 36")must be submitted with the application as well
as in electronic format(.pdf).
Updated 2/2018
ATTACHMENT 3
JOHN A.PEKAR,P.E.,LLC
Civil Engineering/Consulting
ill 11
` 102 Columbia Drive
Suite 207
Cape Canaveral,FL 32920
Office Phone:321-613-2959
Cell Phone: 321-288-1040
johnpekar pe@gmai.corn
1611"s,.44 5°ekov �!6? Roni Flowe roni8owel�Dgmail.com
ceManager Cell Phone: 321-403-9899
April 17, 2018
TO: Dave Dickey; Patsy Huffman
FROM: John A. Pekar, PE
SUBJECT: Recommended Approval of
Coaster Thunder Volt Track for Golf N Gator
We have reviewed the consultants responses to our comments of March 8, 2018 and recommend
City approval of the site plan for the above project.
If you have any questions please do not hesitate to contact me.
Sincerely,
John A. Pekar, P.E.
Consulting Engineer
JAP:rmf
pox,A .L:__,No�� City of Cape Canaveral
+ El ,, Planning and Zoning Board
Meeting Date: 5/9/2018
%iggr Item No. t3
Subject: Item to be discussed: vehicle rentals.
Department: Community Development(CD)
Applicant/Owner: n/a
Summary: From time-to-time issues present themselves that need to be properly vetted prior to Staff
drafting formal policy language. Recently, the following item has become a topic of discussion:
Vehicle Rentals — with the adoption of Ordinance No. 02-2016, City Council restructured many of the
permitted uses in the various zoning districts. In particular,vehicle(auto and truck)rental facilities,which
had been allowed in the C-1 and C-2 (through
special
becamenonconforming and could not relocate
exception)
districts,
district as a permitted use.Existing vehicle rental facilities
or expand.
Locational standards were also established that required a facility to be located on a minimum of 12,000
square feet and any two facilities required a minimum of one acre.
During the March 2018 City Council meeting, Mr. David Kabboard, representing Yogi Patel, owner of
property at 6850 N. Atlantic Boulevard, requested that the City reconsider its position with respect to
allowing vehicle rental facilities in the C-1 and C-2 zoning districts. The City Manager indicated that the
issue would be presented to the Planning&Zoning Board for discussion purposes.
Policy Background
According to the reviewed information:
• In 1971, automobile rentals were an accessory use to a hotel, motel or office building in the T-1
zoning district. However, the accessory use was prohibited from having any commercial display
if visible from outside the principle building and it could only be accessible from an interior
hallway/lobby. Also, the "rental of moving or travel trailers" was allowed as a special exception
in the C-1, C-2, M-1 and M-2 zoning districts as part of a service station.
• In 1975, vehicle rental was handled as indicated in the 1971 paragraph above.
• In 1983, the rental of moving or travel trailers or trucks associated with a service station was a
special exception in the C-1 and M-1 zoning districts. The T-1 district had been eliminated.
• In 1985,the Council denied Ordinance 38-85 on 1 reading. The proposed ordinance would have
created a new special exception in the C-1 district for the rental of utility trailers and trucks —
independent of a service station.
• In 1993, truck and trailer rentals associated with a service station was a special exception in the
C-1 and M-1 zoning districts.
• In 2003, Council adopted Ordinance 02-2003 which established guidelines for vehicle rental
facilities because "vehicle rental facilities can, if not properly regulated, produce negative visual
impacts along its roads, thoroughfares, and abutting residential areas, causing increased traffic
congestion and generation, and produces noise associated with the use..." Limitations included:
o A vehicle rental facility shall not be located within one-third mile from an existing vehicle rental
facility.
Planning and Zoning Board Meeting Date: 5/9/2018
Discussion Item
Page 2 of 2
o That a continuous,densely planter buffer yard of not less than 15 feet in width be planted along
all property lines abutting public rights-of-way or properties zoned residential.
o Servicing or repair of vehicles is prohibited unless within a fully enclosed structure.
o Hours of operation shall be limited to 7:00 AM to 9:00 PM Daily.
o All outdoor paging or speaker systems are expressly prohibited.
As indicated above,with the adoption of Ordinance No.02-2016,Council signaled that new vehicle rental
facilities would no longer be allowed in the City's commercial districts. Additionally, existing facilities
would be considered non-conforming and could not relocate or expand.
The impetus behind the new policy was to relocate these facilities from the City's main transportation
corridors. Due to the nature of the use, code enforcement actions to maintain an orderly appearance were
routine. It was reported by facility operators that they had no control over when and how many vehicles
would be dropped-off. This created a negativevisual
impactato insurrounding
ess ending residents and visiting
motorists, in particular over the weekends andoutsideof t yP
hours.
Vehicle Rental Facilities
• SE 98-02—6799 N. Atlantic Avenue—Thrifty/Dollar Rent-a-Car- Operating
• SE 98-04—8401 Astronaut Boulevard—Budget Rent-a-Car- Operating
• SE 02-06—6211 N. Atlantic Avenue—Enterprise Rent-a-Car- Closed
• SE 05-10— 8963 Astronaut Blvd—Hertz Rent-a-Car- Operating
• SE 14-03 —8000 Astronaut Boulevard—Spaceport Amoco U-Haul Truck Rental - Closed
Attachment: Vehicle Rental Facility Map
The CD Staff recommends that the Planning and Zoning Board take the following action:
Provide Board input regarding the afore-mentioned item.
Approved by CD Director: David Dickey Date: 5/2/2018
ATTACHMENT
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