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Agenda Packet 01-26-2005
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Donald Dunn 2nd Alternate Alice Filteau 1st Alternate John Fredrickson Bea McNeely Chair Leo Nicholas Lamar Russell V Chair Walter Shoenfeld 1 --/QM;6(\)\ . E s :ANii- i 9 / City of Cape Canaveral ch:,\ ;11' NEI .-_, v_, -7-:" y���:...._ _5:1- - ,'iii PLANNING & ZONING BOARD 0w' (" � � ` ,, CITY OF AGENDA ( c • 0 CAPE CANAVERAL1� 111 POLK AVENUE ''.,\.-) 7 ` �7► JANUARY 26, 2005 .VP e", 7:30 P.M. % Call to Order Roll Call n‘\ ;YcP 1, Q6/‘ NEW BUSINESS: - � ,,N, O v `L1. Motion Re: Approval of Meeting Minutes for January 12, 2005. ott* i. Election of Chairperson and Vice Chairperson. /.4Motion Re: Revised Site Plan Approval for Villages of Seaport - Village 7 - ‹) Bussen-Mayer Engineering, Project Engineer. ite Plan Approval for Residence Inn - Allen Engineering, w �3 Project Engineer. U i,,,k- �' -'u �ti. ?e.Q, su'0c1 ,..at,, 5. 'Review and Recommendation to City Council Re: Definitions of ,(Struct res - Anthony Garganese, City Attorney. J"9- v6, ciA\b\-- cbc;r3..t-A .z.,w)v-Nc.%\(--‘vot.)-) u)\-\12 DISCUSSION: 1. Discussion Re: Review of Special Exception Requirements for Minimum Lot Sizes and Distances for Vehicle Rentals and Sales - Todd Peetz, City �_ Planner. Ni.)6t I�''VC i 01,0X -u7 WS.`:"-"'"-) 2. Discussion Re: Review Chapter 102; and Chapter 110, Sections 110-566 okit,a,r oi41/ thru 110-568; Establishing W bks op 0-7tes ,a ncaniz snd °�' . CSU Pursuant to Section 286.1015,F.S.,the City hereby advises the public that: If a person decides to a ,., ,,k,,. appeal decision made by the Planning and Zoning Board with respect to any matter rendered c pp any 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 , \�D��1�1 constitute consent by the City for the introduction or admission into evidence of otherwise �'z' inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed bylaw. This meetingmayinclude the attendance of one or more members of the Cape , Canaveral City Council,Board of Adjustment, Code Enforcement and/or Community Appearan . Board who may or may not participate in Board discussions held at this public meeting. Persons / with disabilities needing assistance to participate in any of these proceedings should contact the a ,; City Clerk's office at 868-1221,48 hours in advance of the meeting. -f ;9t 'K a, 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 4 1 �3' b� C Telephone: (32 1) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 `)C ', www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 7 0 • Memorandum To: Planning and Zoning Board From: Todd Peetz, City Planner Date: January 19, 2005 Re: Agenda Overview for the January 26th P&Z Meeting The following is an overview for the January 26th meeting. 1) We have a revision to Villages 7 site to add bathroom facilities for the pool area as required by the Florida Building Code. 2) We have a site plan for Residence Inn 3) We may have draft ordinance from the City Attorney defining structures. 4) We have a discussion item to review special exception requirements for minimum lot size and distances for vehicle rentals and sales. This was brought about by a recent special exception case. 5) We have a discussion item to review Chapter 102; and Chapter 110, Sections 110- 566 thru 110-568. We should establish workshop dates and times. City Council has requested we make our recommendations within 90 days from last night's City Council meeting. If you have any questions, or need further information please feel free to contact me at 407-629-8880. PLANNING & ZONING BOARD MEETING MINUTES JANUARY 12, 2005 A Regular Meeting of the Planning & Zoning Board was held on January 12, 2005, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson Lamar Russell John Fredrickson Walter Schoenfeld Alice Filteau 1st Alternate Donald Dunn 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoog Mayor Pro-Tem Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. NEW BUSINESS: 1. Approval of Meeting Minutes: December 8, 2004 Motion by Mr. Nicholas, seconded by Mr. Russell to approve the meeting minutes of December 8, 2004. Vote on the motion carried unanimously. 2. Coastal Fuels - (Vapor Combustor) - Revised Site Plan Approval - Craig Smith, Applicant. The Board members reviewed the submittal, and comments from City staff. Todd Peetz, City Planner gave an overview of the request to revise the site plan to replace a vapor combustor, for safety reasons. It was noted that the street name George King Boulevard needed to be changed to N. Atlantic Avenue, on the site plan. Discussion was held regarding the Public Works Director's comment to establish an easement for landscaping along N. Atlantic Avenue. Craig Smith, Applicant advised that he would work with the city on this issue. Craig Smith explained the operation of the vapor combustor. He advised that it would be located just north of the existing vapor combustor, and it will meet EPA requirements. He submitted a site plan depicting the overall layout of Coastal Fuels and the proposed location of the new vapor combustor (Exhibit A). He noted that the existing vapor combustor would be isolated and serve as a back-up to the upgraded equipment. Jim Duggan, V.P. of Coastal Fuels engineering department testified that the new equipment exceeded the requirements of the EPA Clean Air Act. He advised that all the equipment is tested by the EPA on a regular basis. He agreed to provide the City Engineer with copies of the FDEP environmental permits or any other regulatory permits required for this work, as requested in there staff report, dated December 2, 2004. Discussion followed. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 2 Resident, Evelyn Tentabone questioned the location of this facility. Craig Smith explained the location. She questioned if there were plans to upgrade N. Atlantic Avenue. Craig Smith responded that this revision had no impact on traffic. Discussion was held regarding control and ownership of Shorewood Drive. Craig Smith advised that Coastal Fuels was not contacted or questioned by Dude Braselton about access on Shorewood Drive. He advised that Coastal Fuels owns the property which abuts Mr. Braselton's property and Coastal Fuels owns a portion of Shorewood Drive. Discussion followed. City Attorney Garganese advised that the City may have recourse regarding false testimony given by Mr. Braselton. The Board members requested City staff to provide a verbatim record of the Oak Park site plan proceedings. Motion by Lamar Russell, seconded by Mr. Nicholas to approve the revised site plan for Coastal Fuels with the following conditions: • Exhibit A shall be part of this revised site plan. • Provide City Engineer with reports from regulatory agencies, as requested. • Cooperate with Public Works Director for landscaping improvements along N. Atlantic Avenue. Vote on the motion carried unanimously. 3. Recommendation Re: Special Exception Request No. 04-04 to Allow Outside Storage of Recreational Vehicles, Trailers, and Trailerable Items in the C-2 Zoning District, (192 Center Street) - Ron Abeles, Petitioner. Todd Peetz, City Planner gave an overview of the request, and outlined the exhibits contained within the submittal. He advised that the City staff has concerns regarding access for emergency vehicles, and parking. Mr. Peetz requested that this item be postponed until additional information is received from the applicant regarding access, and parking. Discussion followed. Ron Abeles, Petitioner testified that he owned the property; all vehicles located on the property would be operable, licensed, and tagged; it would not be a junk yard; the property will serve the residents of the City to store recreational vehicles and boats; there will be no repairs of vehicles, only storage; the property is buffered on all sides, and zoned C-2; there is ample turning radius on the two acre parcel for emergency access; there exists three access points on this property. Mr. Abeles explained the property location from the exhibits, along with surrounding properties. Discussion followed. Following discussion, the Board requested a total layout of the property, including existing uses of surrounding properties. Evelyn Tentabone, owner at Solana on the River, commented that the proposed City park at the end of Center Street would have no boat ramps; Center Street will be landscaped; the City should encourage property owners to enhance their properties. Barbara Kennedy, owner at Solana on the River questioned where the RVs and boats would access the property. Mr. Abeles responded that the property would be accessed from Center Street. He noted that there are principal uses allowed in the C-2 zoning district that would have a much greater traffic impact. Leo Nicholas commented that the residents of Solana on the River are aware that their property is adjacent to commercial and industrial areas. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 3 Motion by Mr. Russell, seconded by Mr. Nicholas to postpone this request until the first meeting in February to allow the applicant time to submit additional information, and to satisfy City staff concerns regarding parking and access. Vote on the motion carried unanimously. 4. Ocean Gardens - Wave Four, Section 14, Township 24 South, Range 37 East, Replat of Lot 49 of Ocean Gardens - Wave Three Subdivision - Final Replat Approval - James Morgan, Applicant. Todd Peetz, City Planner gave an overview of the request. He advised that City staff reviewed the final replat, and recommends approval. The Board members reviewed the final replat. City Attorney Garganese requested that the applicant amend the Dedication to include the City of Cape Canaveral, prior to approval by City Council. Brief discussion followed. Motion by Chairperson McNeely, seconded by Mr. Russell to recommend approval of the Final Replat for Ocean Gardens - Wave Four with the condition that the applicant amend the Dedication to include the City of Cape Canaveral, prior to approval by City Council. Vote on the motion carried unanimously. DISCUSSION 1. Discussion Re: Definition of a Structure. Todd Morley, Building Official explained that there are certain structures that need to be defined in the Code. He explained the different types of structures; various types of uses of structures; temporary (casual) or permanent (non-temporary) structures. Discussion followed. Following discussion, the Board directed the City Attorney to prepare a draft ordinance for recommendation to City Council. 2. Scooters and Similar Rentals. CityPlanner read the definitions of a moped, and motorized scooter from aS ` Todd Peetz, p e��'\ < '' the Florida Statutes, Uniform Traffic Control. Discussion followed. The Board agreed 11g:<`'� �' that a moped, motorized scooters, and motor bikes with or without a seats oul e 1 \kms specifically defined in the Code. The Board further agreed to review the special exception requirements for exemption of distance and lot size requirements for establishments that rent and sell these types of vehicles. OTHER DISCUSSION Discussion was held regarding lowering the level-of-service standard along N. Atlantic Avenue. Discussion was held regarding the procedure for the Board to dispute sworn testimony. The Board requested a verbatim of the testimony given by Dude Braselton during consideration of the Oak Park site plan. Planning & Zoning Board Meeting Minutes January 12, 2005 Page 4 The Board members requested City staff to research the Space Port Amoco file for a granted Special Exception for outside storage. The Board requested that City staff review the conditions of the Special Exception for the outside storage area across from the Post Office. There being no further business for the Board to consider the meeting was adjourned at 10:18 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary -�- Dussen ® mciyer Engineering Group, Inc. A December 14, 2004 Susan Chapman, Administrative Assistant City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 (Via hand delivery) RE: VILLAGES OF SEAPORT —VILLAGE 7 BUSSEN-MAYER PROJECT NUMBER: 296501 Dear Ms. Chapman: Please find enclosed the Site Plan Amendment Application submittal for the above referenced project. These plans have been revised to include a 240 square foot, single-story private restroom building located at the pool area within Village 7. Please find enclosed the following; 1. Application for Site Plan Review 2. Site Plan Checklist 3. Seven (7) sets of the Revised Site Plan; note stormwater calculations are not applicable to this submittal, since we are not proposing any additional impervious surfaces. 4. Check in the amount of $2,050.00 for site plan review fee (1/2 the original amount) and consultant review deposit. Please review the enclosed plans and process this submittal for approval at your earliest convenience. If you have any questions regarding this information, please advise. Thank you for your continued cooperation. Sincerely, JBUSSEN-MAYER ENGINEERING GROUP, INC. Scott Nickle, V.P. Engineering Department cc: Tom Downs, Downs Corporations Pat Salamone, American Design 296501 chapman121004/jwm Neu,;ifA3vit_j 100 PARNELL STREET • MERRITT ISLAND, FL 32953 • PH.: (321)453-0010 FAX .: (321) 454-6885 • E-MAIL: bussenmayer@bellsouth.net '/ fir. e' "'d `�' nt l r o e ,, a a: e" ,k% -: :a ' b pgn,, ��� �"0.! � ""�a \� ,):_;',72''sa e�� s �, a� &ie a.l ft, exp a ys ,•,1 -' .,,,',1".",,„,,,04.4.,,,',.--.:514..'', a km s s w '-s. * " i { �, it ,{� k�M ga' Y •. " i i€ '0',,,,..-',-2',,'..$'-.-47....1„,,...„.„.„,4..,„..-„„i,-,,,,„-,,, t ^alk, »5 < b= . ;,iw & ' `sem .. r ams a t kk k..;' ,.- k, �s+T's ',::.-i.`.. kms'"4' °. -' .1 + ,#.1s :f .7 r x .,--.,,,,.,.:11...1, e qy w °c' 1:.‘,..,-..,.',,i.,-,', s`Ito�,' g �tr „ tee �_ .rY " „ ..� i >' • e P ss ys w :,,+ } _ 'f.•.-----ft-.-.,'Y'' `PAX ?. .may 7',`$Y : e rr � ': - � n.A q 3:t -/+..— ax pa irk rw :-. ,.- - -sa rrT. . F,p f 71-- , !] - I . . ���� _.i) http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=B rev ardl&i d=2005010... 1/4/2005 �, .� ��.r,� rr,n wv. O J. zsbts 1�4 r Nov. 03 2004 10:48AM P2 CITY OF CAPE CANAIVERAL _.� RE ED .—"—` SITE PLAN PAYMENT RECEIPT 'r Project Name: if 1Ilaqes of eot r4 - Nit Role 1 RESIDENTIAL: 1, 2&3 Residential Units TOTAL: $37.50 Total #of Units? (4) or more Residential Units$50.00(1st(4) Units), $50.00 Plus Units @$7.50 per unit $ Total: $ COMMERCIAL: $150 per acre of land, or portion thereof. Acres X$150 TOTAL. $ _ SITE PLAN EXTENSION. TOTAL. $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL. .,.$250.00 DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units t) 11 liver 4 Units to 50 Units $1,800.00 Over 50 Units or Hotel/Motel ,:11.11 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: Office Use Only: Escrow Account#1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ I B 00 O o TOTAL SITE PLAN SUBMITTAL FEE RECEIVED:$ 250 • C7 Q PAID RECEIPT NO. DATE RECV'D ) 5 o c — ek.e focLaa- - , 5c0, - s5,4 12-2-7-01 3co, FROM ;G[TY OF CAFE CANAVERAL FAX NO. :321 Elsa 1247 Noy. 83 4 3:4�';"1 F4 AULKA3 N FOR • tA)(6)CY,5-Lf /600 00 fai-in Ali FEE d),. 50,00 ATE: PROTECT N.A.N .; __Villages of Seaport-Village 7 (Site P1 Rest roor.� Buildiri anAmendment 1 ) 9'' Addzti DESCRIPTION:;4: Section 14, Township 24S. , Range 37E c' ' R(S) ns Corporatzo s s CCInM OW R(S; DESS; 777 N. ATA, STE.201 indialantic, FL 32903 prioNE NUMBER: (.32;x ) 725-3000 NAE OF C CTIE'tirLNIE'T : Joseph W. Mayer, R,E. eering Grp PRONE (321 ) 453-0010 APPLICANT'S SIGH A E / �// APPLICANT'S . TERORAGENT PETONE Nr.. iBER: ( 321 ) 725--3OoQ - LITS i� 1G, vv. e» Gn4J4 l n:SF�HI I I-J SITE AN. ApPI QVA.L ENT RIVIATION SITE PLAN APPROVAL, PROCEDURE: • Step 1. Site Plan Submittal and Review Required• Yes No New soinereFeittl-bittidlitg-or— structure?(�5�.',._Cbm � New residentiai structures with three I i� � units? or more dwellino Commercial additions exceeding 850 square feet? If yes has been checked on any of the above. a site plan submittal and review is required. e�z Step 2. Submit five (F, copies of the site plan signed and sealed by a sioual En?ineer, licensed in the State of Florida along with a wing fee to the Building. Department 30 days prior to the Planning Zoning Board meetin?.� (The Board meets the 2nd and 4th `ednesday of every month.) ay The Buildinz Department shall distribute the site plans to the following departments and return comments to the applicant within 10 days submittal. _ of its I. City Engineer 2. Building Department 3. Fire Official 4. Florida Departn1eat of Environmental Protection (if appropriate) Step 3. The applicant hall return nine (9) copies of the revised site plan along with ~written responses to all comments at least seven a Planning and Zoning meeting. (� days prior to Step 4. Compliance with Stormwater Concurrency Management. Step 5. The Building Department will return one (1) copy of the site plan to applicant marked with the Board's approval subject to contingenciesthe(if applicable.) SITE PLAN CHEC .,IST SITE PLAN INFORMATION: (General) Yes No N.A. Size, height, number of units and location of proposed and existing. structures. Dimensions Total gross area and percentage devoted to structures, parking and landscaping. X X '_`umber of units Number of parking spaces and loading zones .)e Traffic flow diagram Density (units per acre) Location and dimension for the foilowin areas: Parkls) Canal(s) \Vaterr;:av(s) Boat slip(s) _-- Parking Swimming pool(s) Driveway(s) X Recreation �� .... ..v. •JL1 wv tcy r Nov. 03 2004 10:51AM P7 1 t SITE PLAN CHECKLIST (CC NT NUED) f PAGE 2 Yes No N.4. TrashX Sidewalks 11._ Dune crossovers Other (specify) Type of enclosure for communal trash contniner(5) Fire alarm and standpipe data Vicinity map -/(/ Location of planned landscaping Finished ides for the following: XEntire parcel - Finished floors S erects Parking lots k Sidewalks 10" of adjoining property Details. sections and specifications X Street lights Water and sewer • . -1 ' f xTE PLAN CITECETIST (CONTLN'UED)_ PAGE3 Yes No N.A. -�- Paving and drainage X Curbs Storm drains Sidewalks • Engineer's seal on drawings Square footage of building areas -- Livi.r�g Parking Other (specify) Total under roof Required notes: k. Sidewalk and sanitary sewers to be Constructed to City of Cape Canaveral standards Water cines to c° nforrn to City of Cocoa standards Fire alarm, S�ste:n to be installed and connect to Cape Canaveral Fire Department standards, City of TOPOGRAPHIC SURVEY USC and G.S. darurr, plane Existing street lights Existing • �j MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 5,2005 RE: Villages#7 Revised Site Plan I have reviewed the submittal of the site plan review for the above referenced project. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. C4) MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: December 17, 2004 RE: Village 7 Poolside Rest Room Site Plan Amendment Review I Public Works Department has reviewed the above stated site plan. The Public Works Director does not have any comments or concerns. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. SSA 14 December 27, 2004 QFC? 4'40 Mr. Todd Peetz Miller-Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review — Villages 7 Site Plan Amendment - Review #1 SSA Job No. 95-0208/096-1004 Dear Mr. Peetz: SSA has reviewed the above-referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. __</11264,9 ; John A. Pekar, PE A h PE�� Sr. Vice President - City Engineer Project Engineer City Engineer's Review Fee For Review#1 —$1,500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS,INC. 8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic.#AAC000329 #EB0000762 #LB0006700 jlcmlprojeclslcapell-village 7 amend approved.doc CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. 'h`jga { Serving the city of Gape Canaveral&Canaveral Port Authority i Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Villages 7 Site Plan Amendment Date: January 3, 2005 I have reviewed the plans and they meet the fire departments approval. Station#1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4777 • FAX: (321) 783-5398 Station#2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4424 • FAX: (321) 78687 Date: January 19, 2005 To: Planning & Zoning Board Members From: Todd Morley, Building Official Re: Projects Exempt from Land Clearing Moratorium As per City Council direction, each project coming to the Planning & Zoning Board for approval shall be designated as exempt or not exempt from the land clearing moratorium. The Residence Inn site plan that is being considered at this Planning & Zoning Board meeting for approval is exempt from the moratorium because it meets all the criteria established by the City Attorney for exemption. n,4,44 (7,-4-1/42) City of Cape Canaveral Residence Inn Site Plan Applicant: Applicant Representative, Allen Engineering Inc. Location: Range: 37 Township: 24 Section: 15 Parcels 1 & 2 Acreage: 8.55 +/- Acres/Hotel Acreage 6.20 +/- acres Proposed Number of Units: 150 Hotel units Current Future Land Use: Commercial C-1 Current Zoning: Commercial C-1 Description: The applicant desires to build a 150 unit hotel, with two out parcels for possibly future restaurant/retail uses. Residence Inn is be located on the west side of AlA at the City's north end immediately south of the Country Inn & Suites site and north of the Race Trac service station. North South East West Zoning Cl Commercial Cl Commercial Cl Commercial R3 Residential Comp Plan Conservation Cl Commercial Cl Commercial R3 Residential Existing Under Existing Race Trac Vacant and MT Under construction Conditions construction, service station Office Buildings with the approved Country Inn& Puerto Del Rio Suites Condominiums Required Provided Setbacks Front 25' 283' Sides 20' 86.01' Rear 25' 70.18' From AlA 50' 283' Area 12,000 sq ft 270,080 sq ft Minimum Width 100' 440' Minimum Depth 100' 500' Maximum Building Coverage50% 14.3% Maximum Height 45' 44.15' Maximum Hotel Density 30/Acre 24.19/Acre Parking 1 per unit + 154/12 = 163 244 provided Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2002 was 9,161. This is still adequate park space available. AlA is operating at Level of Service "A" with 481 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A" with 373 excess trips. This development could generate 105 more peak hour trips as added into the Traffic Impact Analysis and capacity is available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of.54 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is vacant Canaveral Complex Ca soil type. Canaveral Complex is level to gently sloping type of soil. There are no known wetlands, Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: Not applicable. (z) -7y * g trin Z 0 0 C .�°i, w` cnu n o y CD o CD oZ o -4. • Ao o " o b7 0 o oC o C c. w ❑ w z ce a C 7:1 n z coo 0 o d w p- o w y ° Y o 0-' n sp di' w - a 0 t� p Y P CD o CCD Cd _ 0 H CZ a � .116 O ,0 oo J C., v, .4.. W N . ., ff.. p y P. 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A' as mn,.' � ` �' ,A0 - ' ear.p .1 . .0.4°.,,,k4.04 -''''''.1, , 4.-t:::':!..:',.,' 4;Tt..;*+4,,,,k.v4,:ti,;"''''' 71,-e'll'N '' , ' `r° 'aa'" iy�p^..* a ',7''''. '� ' g ,u �k' a l a ,�it "� .. �'. Ems A4 , �, ^�, � � - ' as �• ,ter �,�� ,�� � : w ^fir—P° aiva : a '*' - ,� , " §. .. .. _tee §y ae 9. b http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=2005011908231... 1/19/2005 Page 1 of 4 Fort, 0404 1 1 77,-(cp-, ' 0 \ VPF: N.PI r, {6.4 Ls R 114-IF 11 ■ - 1 IP c C\ , .f , Illik s http://brevardpropertyappraiser.com/scripts/esrimap.dli?name=Brevardl&id=2005011908231... 1/19/2005 NNW FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 Dec. 01 2004 01:17PM P1 CITY OF CAPE CANAVERAL SITE PLAN PAYMENT RECEIPT Project Name: s-iGLCZ /4i1 RESIDENTIAL: 1, 2 & 3 Residential Units TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50 per unit $ Total: $ COMMERCIAL: $150 per acre of land,6.portion there ) 4 I 5 50, ne-, 8.55 Acres X$150 TOTAL. $, SITE PLAN EXTENSION• TOTAL. $150.00 SITE PLAN RESUBMISSION: 50% of original fee TOTAL. $ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units $700.00 Over 4 Units to 50 Units $1,800.00 Over 50 Units or Hotel/Motel $2,800.00 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: 8. Office Use Only: Escrow Account#1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ �- PAID RECEIPT NO. DATE RECV'D oo ` t �� � , GCU .1 61 SITE SAL EWOR.MA TI N SITE PLAN APPROVAL PROCEDURE: Step 1. Site Plan Submittal and Review Required: Yes No New commercial building or structure? New residential structures with three units or more dwelling Commercial addition exceeding 850 square feet? If yes has been checked on any of the above, a site plan submittal and review is required. Step 2. Submit five (5 i copies of the site plan signed and sealed by a Professional Engineer, licensed in the State of Florida along with a filing fee to the Building Department 30 days prior to the Planning and Zoning Board meeting. (The Board meets the 2nd and 4th ��%edn� of every month.) esdny The Building- Depaz /went shall d.istribute the site plans to the following departments and return comments to the applicant within 10 days of its subrnirtal. 1. Cin- Engineer • Building Department -4. Fire Oficial 4. Florida Department of Environmental Protection (if appropriate) Step 3. The applicant shall return nine (9) copies of the revised site plan along (7) with written responses to all comrneats at least seveno a Planning and Zoning meeting. days prior to Step 4. Compliance with Stormwater Concurrency Management. Step 5. The Building Department will return one (1) copy of the site plan to the applicant marked with the Board's approval subject to contingencies (if applicable.) C SITE PLAN CI ECTaIST SITE PLAN INFORMATION: (General) Yes No N.A. Size, height; number of units and location of proposed and existing structures. Dimensions Total gross area and percentage devoted to structures, parking and landscaping. Number of units Number of parking spaces and loading zones Traffic flow diagram Deity (units per acre) Location and dimension For the following areas: Park(s) Canals) Waterviav(s) Boat slip(s) Parking Swimming pool(s) Driveway(s) Recreation SITE PLAN CBECUIST (CON INUED. PAGE 2 Yes No N.A. Trash Sidewalks �-- Dune crossovers Other (specify) _ Type of enclosure for communal trash container(s) Fire alarm and standpipe data Vicinity map Location of planned landscaping Finished grades for the following: Entire parcel Finished floors �-- Streets Parking lots ✓� Sidewalks 10" of adjoining property Details. sections and specifications Street lights ✓ Water and sewer • ITE P AN C EIECKL,IST CO e PAGE 3 Yes No N.A. Paving and drainage Paving Curbs —''�- Storm drains Sidewalks Engineer's seal on drawings Suuare footage of building areas Living Parking Other (specify) Total under roof Renuired notes: Sidewalk and sanitary' sewers to be constructed to Cape Canave:-al standards Cts of Water -lines to conform to City of Cocoa standard Fire alarm system to be installed and connect to City of Cape Canaveral Fire Department standards. TOPOGRAPHIC SURVEY USC and G.S. datum plane Existing stye-et lights DESCRIPTION: PARCEL 1 (C. WAYNE THOMPSON PROPERTY) A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevord County, Florida and being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 with the Westerly right of way line of State Road 401, a 100.00 foot wide right of way per Florida S.R.D. Right—of—Way Map Section 70080-2202; thence South 36'44'29" East, along said Westerly right of way line, a distance of 819.52 feet to a point lying 435.60 feet Northwesterly, as measured along said right of way line, of the Northeast corner of those lands as recorded in Official Records Book 3064, page 2885, of the Public Records of Brevord County, Florida, said point being the Point of Beginning; thence continue South 36'44'29" East, along said Westerly right of way line, a distance of 136 feet to a point; thence departing said right of way line, South 53'15'31" West a distance of 330 feet to a point; thence South 36'44'29" East a distance of 299.60 feet to a point; thence South 53•15-31" West a distance of 170 feet to a point; thence North 36'44'29" West a distance of 435.60 feet to a point; thence North 53'15'31" East a distance of 500 feet to a point, said point being the Point of Beginning. DESCRIPTION: PARCEL 2 (CAPE HOTEL ASSETS, L.C. PROPERTY) A portion of Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida, more particularly described as follows: Commence at the most Northerly corner of that parcel as described in Official Records Book 3064, Page 2885 of the Public Records of Brevard County, Florida; thence N 37 degrees 22' 12" W, along the West right of way line of State Rood 401, a 100.00 foot right of way, 435.60 feet to the POINT OF BEGINNING; thence continue N 37 degrees 22' 12" W, along said right of way, 311.85 feet to the Southeast corner of that parcel as described in Official Records Book 2704, Poge 1181 of the Public Records of Brevard County, Florida; thence N 89 degrees 27' 20" W along the South line of said parcel, 633.75 feet; thence S 37 degrees 22' 12" E, 701.26 feet; thence N 52 degrees 37481E 500.00 feet to the POINT OF BEGINNING. Lti • MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 14, 2005 RE: Resident's Inn Site Plan Review I Public Works Department has reviewed the above stated site plan. The Public Works Director does not have any further comments or concerns. All prior comments resulting form the pre-site plan meeting have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. jL 1/19/2005 CJ1/ 1 !/ LCJGJ UJ. UL 321-(b3-/YJDD JIUI ILtK f"'r-�L7t �1 January 17, 2005 Mr. Todd Peetz SS �� Miller-Legg & Associates 631 S. Orlando Ave, Suite 200 Winter Park, FL 32789 RE: Site Plan Review — Residence inn - Review#2 SSA Job No. 95-0208/095-1004 Dear Mr. Peetz: SSA has reviewed the above-referenced project and based on our review, S recommends said plan for City approval. SA This review does not relieve the applicant from other local, state, and federal a enc having jurisdiction over the project site. Should you have an 9 les letter, please do not hesitate to call. y questions regarding this Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE - Sr. Vice President - City Engineer ndy Kirbach, PE Project Engineer City Engineer's Review Fee For Review#2—Included in Review#1 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 21d review will be billed at $95.00 per hour. S"i'OTTI-ER STAGG di ASSOCIATES ARCRl'I'L'C!S • ENGINEERS • 8680 North AtGanticAven,le P. PLANNERS, INC. Box 16 0 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783.7065 Gc.#AAC000329 #EB0000762 #`LB0005700 T)) JAWNProjecislcapek residence inn review 2.dm • MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: January 19, 2005 RE: Residence Inn Site Plan I have reviewed the submittal of the final plat for the above referenced project. All previous comments/concerns have been satisfactorily addressed. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the city of Cape Canaveral&Canaveral Port A uthorio r • . Plan Review To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Re: Residence Inn 2nd Site Plan Submittal Date: January 14, 2005 I have reviewed the plans and they meet the fire departments approval. • D nh:1:1;1-L ;$19- . 46.0r , . . . • Ark, • •• •,, • „.. . -••• , .„.., • , ••• •• •••••,1 ,, • „,„ „ , •••:•• ECSVati) MOM Station#1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4777 • FAX: (321) 783-5398 Station#2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4424 • FAX: (321) 783-4887 AK 11LLL 1A. J U YYLLN1hN 1 AK Y L)1J1 KIU 1 KL(i U LA!IONS* Page 1 ot 1 Sec. 110-556. Vehicle rental facility. (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Subsequent to March 4, 2003, vehicle rental facilities may only be permitted by special exception in C-1 and C-2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: (1) A vehicle rental facility shall not be located within one-third of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000) square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of § 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. (Ord. No. 02-2003, § 3, 3-4-03) Secs. 110-557--110-565. Reserved. Ise Ov— \--eA 5 14\ , http://library2.municode.com/gateway.dll/fl2/florida2/4743/4934/4943?f=templates$fn=d... 01/19/2005 Date: January 19, 2005 To: Planning & Zoning Board Members From: Todd Morley, Building Official Re: Amending Chapter 102 For the purpose of saving certain trees from removal, as per City Council direction, I am providing this list of suggestions for your consideration in amending Chapter 102. • The Building Official should have the authority to administratively waive up to 10% of any setback, in any zoning district, provided this does not create a conflict with any department or regulatory agency. • Provide flexibility for creative designs during the site plan process. • Hardwood trees should be replaced with hardwood trees. efithte ,b ca'o's • Penalties should be increased for removal of trees over a certain diameter. j C � O1 no,, • A ratio greater than 1:1 should be used in tree mitigation. ((ybkiittiviitlakuryl. et d2), • Provide provisions for off-site mitigation. trivk- 01)0-0 � ks (c,t`h ORDINANCE NO. 02-2005 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING PERMITS IN THE CITY OF CAPE CANAVERAL,FLORIDA; INSTRUCTING THE PLANNING ZONING BOARD TO REVIEW THE LAND CLEARING PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council may enact an emergency ordinance by a two-thirds vote, so long as the ordinance does not amend the actual zoning map designation of a parcel or parcels of land or change the actual list of permitted,conditional,or prohibited uses within a zoning category; See § 166.041(3)(b), Ha. Stat.; and WHEREAS, the Florida Constitution, Article II, Section 7 provides that "It shall be the policy of the State to conserve and protect its natural resources and scenic beauty;" and WHEREAS, the City Council is dedicated to preserving and enhancing green areas within the City,to assuring the preservation of existing trees on public and private property, and to taking steps to require maintenance of existing and the installation of new trees in the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reducing air pollution by removing particles such as dust and pollen, increasing oxygen production, slowing surface water run off,reducing soil erosion,providing food,nesting sites and protection for wildlife, enhancing scenic beauty, and providing other environmental benefits; and WHEREAS, Chapter 102, Article II of the City Code provides for the regulation of tree protection, and specifically, for land clearing; and WHEREAS,the City has recently experienced an upsurge in land development pressure;and WHEREAS,as a result of this pressure,the City has developed serious concerns regarding City of Cape Canaveral Ordinance No.02-2005 Page 1 of 4 aggressive land clearing within the City, including, but not limited to, the destruction of trees and insufficient tree and landscape mitigation to replace destroyed trees; and WHEREAS,the City Council and Planning and Zoning Board held a public workshop on January 13, 2005,for the express purpose of addressing these concerns and for addressing possible revisions to the provisions of the City Code applicable to land clearing; and WHEREAS,the City Council believes that imposing a moratorium on the issuance of land clearing permits within the City will further the City's goal of protecting its natural resources while allowing for a comprehensive review of the City Code's land clearing provisions; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of the land clearing provisions contained within the City Code and to recommend revisions to the City Council upon completion of this review; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se;See Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS,it is in the best interests of the City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods of regulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,HEREBY ORDAINS,AS FOLLOWS: Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly indicate that an emergency exists and thereby justify the imposition of a sixty(60)day moratorium on issuing land clearing permits in the City of Cape Canaveral, in accordance with Section 102-39(d) of the City Code, for any subdivision, multifamily, townhome, commercial or industrial development project. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review the current land clearing regulations contained within Chapter 102 of the City Code,and other related provisions of the code,and will propose new legislation to the City Council, which will address the City's concerns regarding the current land clearing practices within the City,and which are designed to preserve and protect the health, safety and welfare of the citizens of the City of Cape Canaveral. Section 3. Expiration Date. This ordinance shall expire 60 days after its effective date. The expiration date of this ordinance may be extended for thirty(30)days by two-thirds vote of the City City of Cape Canaveral Ordinance No.02-2005 Page 2 of 4 0 Council at a duly held Council meeting. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code/Posting. This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral,Florida,in a regular meeting assembled on the day of , 2005. ROCKY RANDELS,Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan SUSAN STILLS, City Clerk Buzz Petzos Rocky Randels First Reading: Legal Ad published: (Not Applicable. See§ 166.041(3)(b),Fla.Stat.) Second Reading: (Not Applicable. See§ 166.041(3)(b),Fla. Stat.) Approved as to legal form and sufficiency for the City of Cape Canaveral only: City of Cape Canaveral Ordinance No.02-2005 Page 3 of 4 section iuz-ib Page 1 of 2 Section 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Active development order means an action by the city approving a site development plan, final development plan or subdivision plat or the issuance of a building permit or the approval of a conditional use permit for a borrow pit, commercial borrow pit or manmade lake. after-the-fact permit means a permit issued after a violation has occurred for the primary purpose of correcting the violation or for bringing the violator into compliance with this division. agricultural_purpose means the bona fide commercial or domestic, agricultural use of a site, parcel or lot which has been classified as green belt, pursuant to F.S. ch. 194, or the use of a site, parcel or lot for forestry, groves, pasture, nurseries, field crops, commercial sod production or combinations of such activities or any other agricultural pursuits within the applicable land use classifications or property located within the productive agriculture land use classification (PA). barricade means protection for vegetation to be preserved which is erected at the dripline and clearly visible to heavy equipment operators. diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multi-stemmed tree., measured four and one-half feet above natural or finish grade. dripline means an imaginary vertical plumb line that extends downward from the tips of the outermost tree branches and intersects the ground. Land clearing means the removal of vegetation from any site, parcel or lot; provided, however, it does not include mowing, trimming or pruning, so as to maintain vegetation in a healthy, viable condition. mangrove means any specimen of the species Avicennia germinans (black mangrove), Laguncularia racemosa (white mangrove) or Rhizophora mangle (red mangrove). Native vegetation means plant material indigenous to the city, including all those species listed in but not limited to those in section 102-44. natural cover means trees, brush, roots and other byproducts of land clearing activity. Recognized knowledgeable person means a person recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed landscape contractor, certified nurseryman or person having similar recognizable skills and experience. tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of three inches, or a sum of dbh of three inches for multistemmed trees and an average mature height of at least ten feet. tree removal includes any act which physically removes the tree or its root system from tl:\e c http://myflorida.com/cape/CapeCode/102-36.htm 01/19/2005 erection i vz-io Page 2 of 2 earth or causes a tree to die or changes the natural grade above or below the root system or , around the trunk without special protective measures. Understory means an underlying layer of low native vegetation. usually associated with trees. undesirable species means any of the species identified in section 102-45. vegetation means any plant material, including but not limited to trees, shrubs, vines, herbs and grasses. vegetativecommunities means a natural association of vegetative plants, including but not limited to both trees and understory. Viable means having the capacity to live and develop. Home --- Contents --- Index http://myflorida.com/cape/CapeCode/102-36.htm 01/19/2005 section iuz-.i Page 1 of 1 Section 102-37. Civil penalties. Penalties for violations of this division shall be as specified in F.S. ch. 162 or those listed in this section. No after-the-fact.._.permits shall be issued by the city to correct violations of this division. Fines for illegal land clearing_ shall be $250.00 per 100 square feet cleared. This includes failure to erect proper barricades. If protected trees are illegally removed from the site, the fine shall be up to $250.00 per inch of diameter at..._breast height per tree, in addition to the penalty of$250.00 per 100 square feet cleared. 1 tome --- Contents --- Index http://myflorida.corn/cape/CapeCode/102-37.htm 01/19/2005 eciion int-.sa Page 1 of 1 Section 102-38. Criminal penalties. In addition to the penalties in section 102-37, each violation of this division shall, upon conviction, be punished as provided in section 1-15. Tome --- Contents --- Index -07 http://myflorida.comicape/CapeCode/102-38.htm 01/19/2005 section 102-39 Page 1 of 3 Section 102-39. Permits. (a) Notice. Unless specifically exempted in this division, it shall be unlawful for any person to engage in land clearing of any site, parcel or lot within the incorporated area of the city, without a permit and prior written notification to the building official, pursuant to the following conditions, and supplying the city the following information, at a minimum, on a form to be provided by the city: (1) Legal description of the property, including street address. (2) Name, address and phone number of property owner. (3) Name, address and phone number of applicant, if other than property owner. (4) Date upon which land clearing is to commence. (5) A dimensioned sketch plan showing the location of all existing and proposed structures, driveways, onsite sewage disposal facilities, water bodies, existing trees and vegetative communities identified by species and size or other information as required by the city. (b) development order. If a permit is required, no land clearing shall take place and no survey or land clearing permit shall be issued prior to the issuance of an applicable development order for the property. (c) Survey permit. A survey permit is required for clearing for surveys and soil or engineering testing according to the following: (1) Prior to any land clearing for surveying greater than five feet in width or soil or engineering testing greater than eight feet in width with a reasonable turnaround, the owner of the property proposed to be cleared or his authorized agent shall submit an application for the proposed land clearing activity to the building official, on such form as provided by the city. The survey permit shall expire after 30 days from the date of issuance. The . uILdLng official may grant an administrative waiver for an additional 30 days for hardship, including adverse weather, size of property and inability to obtain permits from other agencies. (2) When a written survey permit has been issued, the applicant shall post the survey permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The survey permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times. (3) Prior to any land clearing, all trees to be protected shall be marked at the dripline by the erection of barriers clearly visible to heavy equipment operators. http://myflorida.com/cape/CapeCode/102-39.htm 01/19/2005 section 101.-39 Page 2 of 3 (d) Land clearing permit. A land clearing permit shall be required for clearing where an active development order is being sought according to the following: (1) The issuance of a land clearing permit shall be required prior to land clearing after the applicant has obtained an approved site plan, subdivision approval or building permit, whichever is applicable, according to the following: a. If one or more trees three inches dbh or greater, excluding undesirable species, are to be removed from the property. b. If 50 percent or greater or more than one acre, whichever area is less, of the existing vegetation is to be removed from the property, excluding undesirable species. (2) A land clearing permit shall expire 90 days from the date of issuance for single-family projects and 180 days for subdivisions, multi-family, commercial and industrial projects. Two extensions of 30 days each may be authorized by the building official, provided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies. (3) When a written land clearing. permit has been issued, the applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The land clearing permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the land clearing permit in a clearly visible manner at all times. (4) Prior to the issuance of a development order, the applicant shall provide a tree and vegetative communities survey to the building official as follows: a. Single-family residential. The property owner of a single- family lot shall provide a tree and vegetative communities survey, which may be hand drawn, on a plot plan of the property, with approximate location of all structures, onsite disposal systems, driveways and water bodies shown. The plot plan shall depict the location, species and dbh of all trees to be counted toward the landscape point requirement. For those sites of five acres or greater in size, a recent aerial photograph, including but not limited to county REDI book photographs or county tax appraiser's blue line maps, may be required. b. subdivisions, multifamily, commercial and industrial. The owner or applicant of a subdivision or multifamily, commercial or industrial project shall provide a survey of trees and vegetative communities as identified by aerial maps or soil survey maps and a soil map, at a minimum. For http://myflorida.com/cape/CapeCode/102-39.htm 01/19/2005 aecnon 102-i9 Page 3 of 3 those sites of five acres or greater in size, a recent aerial photograph shall be provided. Home --- Contents --- Index Li http://myflorida.com/cape/CapeCode/102-39.htm 01/19/2005 section iuz-4u Page 1 of 1 Section 102-40. Permit exemptions. Under this division, no survey permit or land clearing permit shall be required in the following situations: (1) The. emergency removal of a dead or seriously damaged tree, which adversely affects the health, safety and welfare of the property owner or the general public. (2) If the proposed land clearing activity is regulated by a state or federal agency, which regulations may supersede those of the city. (3) If the removal of vegetation has been ordered by the city pursuant to other sections of this code and the removal conflicts with the requirements or intent of this division, the city manager, or his designee, shall negotiate a resolution of the conflict. (4) Land clearing activities on single-family residential lots of one acre or less in size, one year after the issuance of a certificate ofoccupancy for the single-family residence built upon such single-family residential lot. (5) The harvesting of trees for a bona fide commercial use, when done in accordance with silviculture best management practices. (6) A site, parcel or lot that is defined as having an agricultural or silvicultural purpose under this division and the proposed land clearing is to be made in conjunction with those agricultural purposes or activities and an active development order is not being sought. Home --- Contents --- Index http://myflorida.com/cape/CapeCode/102-40.htm 01/19/2005 section luL-41 Page 1 of 3 Section 102-41. Protection of trees and vegetative buffers. (a) Development size thresholds. (1) All single-family, multi-family, subdivision or nonresidenti_a.l_ development, regardless of the size of the lot or parcel of Land being developed, shall be subject to this division. (2) All trees preserved on-site shall receive landscape credit as provided for by section 110-566 et seq. pertaining to landscaping. (b) Preservation thresholds. (1) Protected trees. Any tree, with the exception of the undesirable species listed in section 102-45, having a diameter (dbh) of three inches or greater shall be protected. (2) Vegetative buffer areas. Where a vegetative buffer is required by section 110-566 et seq. pertaining to landscaping, any natural vegetation within the required buffer area pursuant to section 102-44, with the exception of the undesirable species listed in section 102-45, shall be preserved. This shall include preservation of the understory. (c) Removal criteria. (1) A protected tree, as specified in subsection (b) of this section, may only be approved for removal if one or more of the following criteria are met: a. Where site design modifications, as determined by a preclearing inspection, are not feasible to allow the use permitted, as determined by the specific zoning of the property. b. Where the trunk of a protected tree is located closer than five feet to the foundation of the proposed structure, and it is not feasible to relocate the structure. c. Where the trunk of a protected tree is located closer than ten feet from the foundation of the proposed structure and the tree is considered having an aggressive root system or the natural mature height is greater than 30 feet and it is not feasible to relocate the structure. d. Where the location of the tree prevents the direct access to the property from a publicly dedicated and maintained roadway or where the tree constitutes a hazard to pedestrian or vehicular traffic which cannot be mitigated without removing the tree. Removal of the tree pursuant to this criterion shall be exempt from the replacement criteria i IZ). http://myflorida.com/cape/CapeCode/102-41.htm 01/19/2005 lection 1U2-41 Page 2 of 3 subsection (d) of this section. e. Where the location of the tree prevents the construction of utility lines, drainage facilities, roadways or required parking areas which cannot be practically relocated or rerouted or where the trees cannot be utilized as part of these systems. f. Where the tree is weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. Removal of a protected tree pursuant to this criterion shall be exempt from the replacement criteria in subsection (d) of this section. g. The tree reduces the visibility of a nonresidential_ development more than 50 percent of the lineal footage of the lot along the roadway to which the project has primary frontage. (2) There shall be no clearing, except hand clearing, within the dripline of any protected tree or other trees selected to be preserved for landscaping credit. Where no native vegetation exists within the dripline, pervious paving, bricking or any other material which does not restrict the health and growth of a protected or preserved tree may be utilized. (3) The natural grade may not be altered within the projected dripline of the tree, except in accordance with the state division of forestry tree protection manual, pages 14--18, or comparable accepted protective measures. (d) Replacement criteria. Where the removal of a protected tree meets any one or more of the criteria identified in subsection (c) of this section, the developer may choose one of the following options: (1) The developer shall provide one or more native trees to replace the removed tree where the total dbh of the replacements is equal to 100 percent of the total dbh of the tree removed, provided that the height above soil level is at least ten feet. Replacement trees shall have a minimum of a dbh of three inches. (2) The developer may relocate or transplant the protected tree elsewhere on the same lot or parcel_of_..lan d or public land or private land within the city. (3) On a heavily wooded lot, the developer may pay a fee set forth in appendix B to this code for the tree removed in lieu of replacement. The fee will be deposited into the city's environmental trust fund for the acquisition of environmentally sensitive lands and revegetation of public lands. (4) No replacement is necessary if the removal is done pursuant to the http://myflorida.com/cape/CapeCode/102-41.htm 01/19/2005 lection 1 U2-41 Page 3 of 3 criteria in subsection (c)(1)c., d., or f. of this section. (e) Inspections. (1) Predevelopment inspection. Prior to any clearing activity or preparation of a sitedevelopment plan or subdivision. plat, the area to be cleared, as shown on the required vegetation location survey, shall be staked and the property will be inspected to ensure the tree survey is accurate and the measures described in the application for land clearing permit, including but not limited to tree barricades, have been taken to protect all trees and vegetation. (2) Inspection prior to certificate of.....__occupancy or certificate of completion. Prior to issuance of a certificate of occupancy or certificate of completion, a site inspection will be conducted to ensure that no unauthorized clearing has taken place and to ensure that all protected trees and vegetaion identified for preservation are in place and have been maintained in a viable condition. (3) Followup inspection. A final site inspection may be conducted one year after the issuance of a certificate of occupancy for single-family, multiple-family and nonresidential developments to ensure that no unauthorized removal of protected trees and vegetation has occurred. (4) Reinspection. If trees and vegetation were not in place or not in a viable condition at the followup inspection, a reinspection may be conducted within 90 days to ensure that the trees and vegetation were replaced. (f) Relocation of trees. Where trees are proposed to be relocated for preservation purposes, a land clearing permit shall be required. Home --- Contents --- Index http://myflorida.comic ap e/C ap e C o de/102-41.htm 102-41.htm 01/19/2005 section 1UL-42 Page 1 of 1 Section 102-42. Open burning of natural cover. Open burning of natural cover which is the result of land clearing is prohibited. flome --- Contents --- Index 6-1) http://myflorida.com/cape/CapeCode/102-42.htm 01/19/2005 section 1 U2-43 Page 1 of 1 Section 102-43. Revegetation. If land clearing activities take place which are not consistent with this division, seeding and mulching of the area shall be required and shall be completed within 30 days of the date of notification of violation by the building official. Home --- Contents --- Index http://myflorida.com/cape/CapeCode/102-43.htm 01/19/2005 ARTICLE II. TREE PROTECTION* Page 1 of 9 Sec. 102-44. List of recommended landscaping plants. p� 9 (a) The list of trees and plants in this section is intended to provide a guide to the developer and homeowner in selecting appropriate vegetation for proposed landscaping plans. Native vegetation is considered ideal for landscaping since these plants have become adapted to the county's particular set of climatic conditions. If natives are utilized in parallel environments to those ecosystems and in the form and size context in which they naturally occur, a long-lived and maintenance-free landscape scheme will result. The list also contains recommended species which are not native to the county but can be utilized with many of the same benefits as native plants. (b) The key to codes used in the list is as follows: (1) Community. (N) North Brevard County. (C) Central Brevard County. (S) South Brevard County. (B) Barrier Island. (2) Form and size. (ST) small tree. Average mature height of at least ten feet and less than 20 feet. (MT) medium tree. Average mature height of at least 20 feet and no greater than 60 feet. (LT) large tree. Average mature height over 60 feet. (P) Palm tree. (S) Shrub. (G) Ground cover. (V) Vine. (A)Aquatic. (3) Temperature. (+) Cold tolerant. (-) Cold intolerant. Although these species occur in the county, they are at the northern limit of their range and are suggested only for southern and eastern Brevard County in protected areas. NATIVE SPECIES TABLE INSET: Cold Botanical Name Common Name Community Tolerance (ST)Small Tree ( 7i' http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 2 of 9 t. Acacia farnesiana Acacia tree N,C,S + Ardisia escallonioides Marlberry C,S - Bumelia tenax Tough buckthorn N,C,S,B + Capparis cyanophallophora Jamaica caper B - Capparis flexuosa Limber caper B - Chrysobalanus icaco Coco plum S,B - Citharexylum fructicosum Fiddlewood S,B - Coccoluba uvitera Sea grape S,B - Conocarpus erecta Buttonwood S,B - Cornus foemina Swamp dogwood N,C,S + Dodonea viscosa Varnish leaf B - Drypetes laterifolia Guiana plum B - Eugenia axillaris White stopper C,S,B - Eugenia foetida Spanish stopper B - Exothea paniculata Inkwood B - Forestiera segregata Florida privet N,C,S,B + Guapira discolor Blolly S,B - Hamelia patens Firebrush S,B - Krugiodendron ferreum Black ironwood S,B - Laguncularia racemosa White mangrove S,B - Myrclanthes fragrens Simpson stopper N,C,S,B + Myrica cerefera Wax myrtle N,C,S,B + Myrsine floridana Myrsine C,S,B - Nectandra coriacea Lancewood C,S,B - 071 http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 3 of 9 , Quercus chapmanii Chapman oak N,C,S,B + Quercus geminata Sand live oak N,C,S,B + • Quercus incana Blue jack oak N,C,S + Quercus minima Dwarf live oak N,C,S,B + Rhus copallina Southern sumac N,C,S,B + (MT)Medium Tree Avicennia germinans Black mangrove N,C,S,B + Bursera simaruba Gumbo limbo S,B - Carpinus caroliniana Hornban/bluebeech N,C + Carya floridana Scrub hickory N,C,S,B + Carya glabra Pignut hickory N,C,S,B + Celtis laevigata Sugarberry N,C,S + Chrysophyllum oliveforme Satinleaf S,B - Coccoloba diversifolia Pigeon plum S,B - Diospyros virginiana Persimmon N,C,S,B + Ficus aurea Strangler fig C,S,B - Fraxinus caroliniana Water ash/pop ash N,C,S + Gordonia lasianthsus Loblolly bay N,C,S + Ilex cassine Dahoon N,C,S,B + Ilex vomitoria Youpon holly N,C,S + Juniperus silicicola Southern red cedar N,C,S + Magnolia virginiana Sweet bay N,C,S + Mastichodendron foetidissimum Mastic tree B - Morus rubra Red mulberry N,C,S + C http://library2.municode.com/gateway.dlUfl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 4 of 9 Osmanthus americanus Wild olive N,C,S + Persea borbonia Red bay N,C,S,B + Pinus clausa Sand pine N,C,S + Prunus caroliniana C.cherry laurel N,C,S,B + Quercus laevis Turkey oak N,C,S + Rhizophora mangle Red mangrove C,S,B - Ulmus americana American elm N,C,S + Zanthoxylum clavaherculis Hercules club N,C,S,B + (LT)Large Tree Acer rubrum Southern red maple N,C,S + Liquidambar styraciflua Sweetgum N,C,S + Magnolia grandiflora Southern magnolia N,C,S,B + Nyssa sylvatica Swamp black gum N,C,S + Pinus ellottii Slash pine N,C,S,B + Pinus palustris Longleaf pine N,C,S + Quercus laurifolia Laurel oak N,C,S + Quercus virginiana Live oak N,C,S + Taxidium distichum Bald cypress N,C,S + (P)Palm Tree Paurotis wrighti Saw palmetto N,C,S + Sabal palmetto Cabbage palm N,C,S,B + (S)Shrub Bacharis halimifolia Groundsel tree N,C,S,B + Befaria racemosa Tar flower N,C,S + 0 http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 5 of 9 e r Callicarpa americana Beauty berry N,C,S + Cephalanthus occidentalis Buttonbush N,C,S + Croton punctatus Beach croton B - Erythrina herbaceae Coral bean N,C,S,B + Iva frutescens Marsh elder S - Iva imbricata Marsh elder B - Lantana involucrata Wild sage B - Lycium carolinianum Christmas berry N,C,S,B + Lyonia ferruginea Staggerbush N,C,S,B + Lyonia fruticosa Staggerbush N,C,S,B + Lyonia lucida Fetterbush N,C,S,B + Psychotria nervosa Wild coffee C,S,B - Psychotria sulzneri Wild coffee C,S,B - Quercus myrtifolia Myrtle oak N,C,S,B + Quercus pumila Running oak N,C,S,B + Randia aculeata Randia C,S - Rhapidophyllum Hystrix Needle palm N,C,S,B + Sophora tomentosa Necklace pod S,B - Vaccinium spp. Blueberry N,C,S,B + Yucca aloifolia Spanish bayonet N,C,S,B + Zanthoxylum fagara Wild lime S + (G)Ground Cover Acrostichum danaeafolium Leather fern N,C,S,B + Aristida spp. Wiregrass N,C,S,B + ez-i http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 6 of 9 Borrichia frutescens Sea oxeye daisy N,C,S,B + Ceratiola ericoides Rosemary N,C,S,B Crinum americanum String lily N,C,S,B + Ernodea littoralis Golden creeper S,B - Gaillardia pulchella Firewheel N,C,S,B + Garberia fruticosa Garberia N,C,S + Helianthus debilis Beach sunflower N,C,S,B + Hymenocallis latifolia Spider lily N,C,S,B + Hypericum spp. St.John's wort N,C,S,B + Licania michauxii Gopher apple N,C,S,B + Nephrolepis biserrata Boston fern S - Nephrolepis cordifolia Boston fern N,C,S + Nephrolepis exaltata Boston fern N,C,S + Nolina atopocarpa Florida beargrass N,C,S + Opuntia humifusa,compressa Prickly pear N,C,S,B + Opuntia stricta Prickly pear N,C,S,B + Osmunda cinnemomea Cinnamon fern N,C,S + Osmunda regalis Royal fern N,C,S + Panicum amarulum Beach grass N,C,S,B + Panicum commutatum Panic grass N,C,S, B + Physalis viscosa Ground cherry N,C,S, B + Pilobiephis rigida Pennyroyal N,C,S,B + Portulaca pilosa Pink purslane N,C,S,B + Pteridium aquilinum Bracken fern N,C,S, B + http://library2.municode.com/gateway.d11/fl2/florida2/4743/4926/492 8? templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 7 of 9 • Rubus trivialis Southern dewberry N,C,S + Serenoa repens Saw palmetto N,C,S,B + Sesuvium portulacastrum Sea purslane C,S,B + Spartina spp. Spartina/cordgrass N,C,S,B + Uniola paniculata Sea oats N,C,S,B + Yucca filamentoua Adams needle N,C,S,B + Zamia floridana,pumilia,integrifolia,angustifolia Coontie/arrowroot N,C,S,B + (A)Aquatic Nuphar lutea Spatter-dock N,C,S + Nymphea odorata White waterlily N,C,S + Pontederia cordata Pickerelweed N,C,S + Sagittaria spp. Arrow head N,C,S + (V)Vine Caesalpinia bonduc,crista Gray nickerbean B - Canavalia rosea Beach bean S,B - Cissus trifoliata Marine vine N,C,S + Ipomea pes-caprae Railroad vine C,S,B - Ipomea spp. Morning glory N,C,S,B + Ipomea stolonifera Beach morning glory B - Parthenocissus quinquefolia Virginia creeper N,C,S,B + Vitis aestivalis Summer grape N,C,S + Vitis rotundifolia Muscadine grape N,C,S,B + Vitus shuttleworhtii Calusa grape N,C,S + Note: Those species which are identified as occurring in the barrier island community are found http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 8 of 9 there naturally. Planting these species may be difficult due to salt burn and they may undergo substantial shock before becoming acclimated to the barrier island conditions. NONNATIVE SPECIES TABLE INSET: Cold Botanical Name Common Name Community Tolerance (ST)Small Tree Eucalyptus cinera Silver dollar N,C,S + Lagerstromia indica Crape myrtle N,C,S + (MT)Medium Tree Bauhinia purpurea Orchid tree S,B - Callistemon lanceolatus Bottlebrush N,C,S,B + Callistemon viminalis Bottlebrush N,C,S, B + Cupaniopsis anacordiodes Carrotwood S,B - Dalbergia sissoo Rosewood C,S - Eriobotrya japonica Loquat N,C,S, B + Koelreuteria formosana Gold rain tree N,C,S + Olea europae Olive tree S,B - Parkinsonia aculeata Jerusalem thorn N,C,S, B + Ulmus pumila,parvifolia Chinese elm N,C,S,B + (S)Shrub Podocarpus macrophylla Maki N,C,S + Podocarpus nagi Nagi N,C,S + (P)Palm Tree Arecastrum romanzoffianum Queen palm N,C,S + Oti http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 ARTICLE II. TREE PROTECTION* Page 9 of 9 • Butia capitata Pindo N,C,S,B + Livistonia chinensis Chinese fan N,C,S + Phoenix canariensis Canary Island date N,C,S,B + Phoenix reclinata Senegal date N,C,S + Trachycarpus fortune' Windmill palm N,C,S + Washington robusta Washington palm N,C,S,B + (Code 1981, ch. 657, app. A) Sec. 102-45. List of undesirable species. The list of undesirable species under this division shall be as follows: TABLE INSET: Botanical Name Common Name Shinus terebinthifolius Brazilian pepper Melaleuca quinquenervia Melaleuca,cajeput tree Casuarina spp. Australian pine Eucalyptus spp. Eucalyptus Enterolobium contortisiliquem Ear tree Melia azedarach Chinaberry Cinnamomum camphora Camphor tree Sapium sebiferum Chinese tallow Dioscorea bulbifera Air potato/air yam Rhodomyrtus tomentosa Downy rose myrtle Sansevieria hyacinthoides African bowstring hemp Ricinus communis Castor bean plant (Code 1981, ch. 657, app. B) L-RC1 http://library2.municode.com/gateway.dll/fl2/florida2/4743/4926/4928?f=templates$fn=d... 01/19/2005 AK11LLL IA. SUYYLJ M1N 1 AKY 1)1S'1'KIC;'1' KECUULA'l'IONS* Page 30 of 34 (1) A vehicle rental facility shall not be located within one-third of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000) square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance, with the requirements of § 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screeningas may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; } (7) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. (Ord. No. 02-2003, § 3, 3-4-03) Secs. 110-557--110-565. Reserved. DIVISION 7. LANDSCAPING AND VEGETATION* *Cross references: Environment, ch. 34; requirements for landscape appearance and maintenance, § 34-99. Sec. 110-566. Landscaping and screening between commercial or industrial zoning districts and residential zoning districts. (a) Whenever the boundaries of a commercial or industrial zoning district and a residential zoning district abut, a visual screen shall be provided within the required setbacks of the property which is developing or redeveloping . http://library2.municode.com/gateway.dll/fl2/florida2/4743/4934/4943?f=templates$fn=d... 01/19/2005 AK1ILLL IA. SUYYLtMKN IAKY DIS IKIL'1KEUULA'1'1ONS* Page 31 of 34 (b) Such visual screen shall: (1) Be provided along the entire length of the boundary separating the commercial or industrial zoning district from the residential zoning district. (2) Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering such visual screen density of at least 80 percent within a period of two years after such screen is provided. (3) Be not less than four or more than eight feet in height, except as provided in section 110-470. (4) Have a minimum of one ten-point tree value as defined in section 110-567 which shall be planted every 35 feet with at least two five-point trees on the minimum 50-foot C-1 lot and three five-point trees on the minimum 75-foot M-1 lot. (5) Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. (6) Be properly maintained and replaced if for any reason it does not survive. (7) Be protected from vehicular encroachment. (c) All areas not paved or with other landscaping, as designated in this section or in section 110-567, shall be planted with grass, hardy shrubs, evergreen or other ground cover materials, as specified in section 102-44, having the cold-tolerance designation (+). Otherwise, the owner or developer must provide documentation from a recognized knowledgeable person, as defined in section 102-36, that his choice of vegetation has a good chance of thriving or meets state requirements for low water need (xeriscape). (d) Where a fence or wall is used to fulfill the screening requirements within a vegetative buffer, it shall be located one foot inside of the property line of the property which is developing or redeveloping. When a drainage easement, ditch or water body runs along a property line, an administrative waiver may be granted by the building official to allow the masonry wall or fence to be placed along the edge of the ditch or water body, instead of on the property line. Where existing trees exist within the buffer ' area, the fence or wall shall be located so as to preserve the trees. (Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92; Ord. No. 03-2003, § 2, 8-19-03) Sec. 110-567. Interior landscaping for offstreet parking areas. (a) Offstreet parking areas in C-1, C-2, M-1 and R-3 districts shall have internal and perimeter landscaping as follows: (1) Parking areas with ten or fewer spaces shall have at least one ten-point tree for every five spaces or fraction thereof planted within the interior of the parking lot. (2) Parking areas with 11 or more spaces shall have at least one five-point tree for every five spaces or fraction thereof interspersed throughout the parking area. In addition, one ten-point tree shall be placed at the end of each row where internal curbing would be placed, even though internal curbing may not be required. However, trees must be protected from vehicular encroachment. (3) Subsections (a)(1) and (2) of this section may be satisfied by cluster plantings, at the discretion of the building official. (4) Parking areas in the C-1, C-2 and M-1 districts and parking areas in the R- 7.'- c% http://library2.municode.com/gateway.dll/fl2/florida2/4743/4934/4943?f=templates$fn=d... 01/19/2005 AKIIULL IX. SUYYLEMLN'1'AKY DIS'I'KIC'I'REGULATIONS* Page 32 of 34 3 districts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of-way, except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes not less than three feet in height to form a visual screen with a density of at least 80 percent within twoyears of planting. Perimeters facing such public right-of-way shall, in addition, havefive tree value points planted every 35 feet with at least ten tree values on a minimum 50-foot C-1 lot, and 15 tree values on the minimum 75-foot C-2 or R-3 lot unless a greater restriction is otherwise provided for in this chapter. (5) No trees shall be planted that will obstruct visibility at intersections or points of ingress and egress to streets. See section 110-469. The perimeter footage defined in section 110-469 and ingress and egress shall not be used to calculate landscaping of perimeters. (6) Existing trees in proposed internal parking areas as listed under subsection (b) of this section shall not be removed if over three inches diameter at breast height (dbh) without a permit from the building official. Every effort shall be made to build, pave or otherwise construct around existing trees of value. (7) Each landscaped area, both within the interior parking area and around the perimeter, shall be served by a functioning underground sprinkler system adequate to maintain all landscaping. (8) All landscaping specified in this subsection shall be properly maintained and replaced if for any reason it does not survive. (9) The value of the landscaping for the internal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one percent of the total cost of the project, including land acquisition, or three percent of the project, excluding land acquisition, whichever is greater. (b) Tree value points referred to in subsection (a) of this section shall be grade Florida Fancy or Florida #1 and will have the following values: TABLE INSET: Florida Fancy Florida#1 Points Tree Points 10 Large and medium species,ten feet tall with greater than three-inch diameter(dbh)and two-foot spread. 7 5 Small species,six feet tall with two to three inch diameter(dbh)minimum and two-foot spread. 4 5 Cabbage palms,minimum height six feet(overall). 4 5 Non-native palms,minimum height three feet(overall). 4 (c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall be considered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the planting is in an area subjected to salt air, the B (barrier island) designation shall be present, which meets the state requirement to tolerate xeric conditions. Otherwise, documentation must be presented as provided in section 110-566 (d). http://library2.municode.com/gateway.dll/fl2/florida2/4743/4934/4943?f=templates$fn=d... 01/19/2005 A.K 11LLL IA. S UKeLLMt,N 1 AK Y 1i1J 1 KLU I KL UULA'1'ION S Page 33 of 34 • (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94; Ord. No. 14- 98, § 1, 9-15-98; Ord. No. 03-2003, § 2, 8-19-03) Sec. 110-568. Preservation of trees in all districts. During the development of any project, all trees of four inches in diameter or larger shall be preserved or replaced unless they exist within: (1) A proposed public or private easement. (2) A proposed structure dimension. (3) A proposed driveway or designated parking area in the R-1 or R-2 districts. See sections 110-566 and 110-567. (4) Ten feet of a proposed structure. (Code 1981, § 641.59) Cross references: Preservation of trees, § 102-26 et seq. Secs. 110-569--110-580. Reserved. DIVISION 8. SWIMMING POOLS* *Cross references: Swimming pool code, § 82-246 et seq. } Sec. 110-581. Construction and location. (a) Swimming pools shall be installed to city requirements, and a city permit shall be required and approved by the building department prior to construction or installation (placement). (b) Swimming pools may be built within the principal structure if it is determined through analysis by a certified engineer that such construction shall not be harmful to the principal structure. At the discretion of the building official, engineering may be required } when the vertical wall of the pool (water's edge) is located within five feet of the foundation system supporting the principal structure. Engineering may also be required on all premanufactured or prefabricated pools which do not bear product approval from an accredited testing agency. (c) Swimming pools which are open and unenclosed may occupy a required rear or interior side yard setback, provided they are not located closer than five feet to a rear lot line or eight feet to an interior side lot line. (d) Commercial swimming pools are prohibited in residential districts. (e) Swimming pools shall not occupy a required front or corner side yard setback. (f) Swimming pools may not be constructed prior to the construction of the principal building. 2L http://library2.municode.com/gateway.dll/fl2/florida2/4743/4934/4943?f=templates$fn=d... 01/19/2005 ui r Ur LArr, U UNA V tKAL, r LUKIIJA Page 1 of 1 CITY OF CAPE CANAVERAL PUBLIC MEETINGS JANUARY 2005 http://myflorida.com/cape SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 2 3 4 5 6 7 City Council Community Meeting Appearance 7 PM—Annex Board AGENDA ONLY 7 PM—Annex AGENDA PACKET 9 10 11 12 13 14 Library Board 2 PM-Library Code Review Planning&Zoning Workshop Board 6 PM—Annex Beautification 7:30 PM-Annex AGENDA Board AGENDA 7 PM—Annex AGENDA 16 17 18 19 20 21 City Council Martin Luther Meeting Business& Code King 7 PM—Annex Cultural Dev. Enforcement City Offices AGENDA ONLY Board Board Closed AGENDA PACK 7 PM—Annex 7 PM—Annex AGENDA AGENDA 23 24 25 26 27 28 Recreation Board Planning&Zoning 5 PM -Annex Board 7:30 PM-Annex 30 31 http://myflorida.com/cape/calendar.htm 01/19/2005