HomeMy WebLinkAboutcocc_ordinance_no_19-2019_202001211 ORDINANCE NO. 19-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA., AMENDING THE
5 CITY'S SH'E PLAN REVIEW REQUIREMENTS UNDER CHAPTER
6 110 - ZONING OF THE CITY CODE; PROVIDING FOR THE REPEAL
7 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law,
13 and has the power to adopt local land development regulations; and
14
15 WHEREAS, under the existing City Code, all development and redevelopment projects, except
16 single-family, two-family or three-family dwelling units, or alterations thereto, and minor commercial
17 improvements, are required to undergo site plan review and approval; and
18
19 WHEREAS, also under the existing City Code, the City's Planning & Zoning Board is required
20 to review proposed site plans related to new commercial buildings or structures and new residential
21 structures with four or more dwelling units; and
22
23 WHEREAS, there have been instances when after Planning & Zoning Board review, an
24 applicant requests very minor technical adjustments to previously reviewed and recommended site
25 plans that have no or a mere nominal impact on the overall site layout of a proposed project, and in
26 such instances, the applicant is currently required to go back to the Planning & Zoning Board for review
27 of the very minor adjustment; and
28
29 WHEREAS, the City Council desires to streamline the site plan approval process, and avoid
30 unnecessary delays in the development permit process, by adopting a minor site plan adjustment
31 exception to the Planning & Zoning Board's review requirement so minor technical adjustments to
32 previously reviewed and recommended site plans are not required to undergo additional review before
33 the Planning & Zoning Board for matters having no or a mere nominal impact; and
34
35 WHEREAS, the City Council also desires to establish more specific and relevant review criteria
36 applicable to the City's site plan decision making process; and
37
38 WHEREAS, the City's Planning & Zoning Board (Land Planning Agency) conducted a public
39 hearing regarding this Ordinance on December 4, 2019 and recommended that the City Council adopt
40 this Ordinance; and
41
42 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
43 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
44 Canaveral.
45
46 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
City of Cape Canaveral
Ordinance No. 19-2019
Page 1 of 7
1 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
2
3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
4 as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
5
6 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District Regulations of
7 the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined
8 type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
9 from this Ordinance of text existing in Chapter 110, Article VI — Site Plan. It is intended that the text
10 in Chapter 110, Article VI — Site Plan denoted by the asterisks and set forth in this Ordinance shall
11 remain unchanged from the language existing prior to adoption of this Ordinance:
12
13 CHAPTER 110 — ZONING
14
15 "'
16 ARTICLE VI. — SITE PLANS
17
18 Sec. 110-221. - Submittal and review required.
19
20 fai Under this chapter, site plan submittal and staff review shall be required for all development
21 and redevelopment projects, except single-family, two-family or three-family dwelling units, or
22 alterations thereto, and minor commercial improvements. Further, site plan submittal and planning
23 and zoning board review is required for the following:
24
25 (1) New commercial buildings or structures.
26 (2) New residential structures with four or more dwelling units.
27
28 (b) Staff review under section 110-223 is also required for minor amendments to a site plan.
29 However, at the discretion of the community development director, planning and zoning board review
30 under section 110-223 is not required for such minor amendments to a site plan that has been
31 previously reviewed by the planning and zoning board, if during the staff review process it is
32 determined that one of the following limited circumstances exists:
33
34 (1) For property of one-half (1/2) acre or less, the property must have been designed for
35 development and incorporated into a previously reviewed site plan and the minor amendment shall
36 not decrease, increase or otherwise modify by more than twenty percent (20%) the existing amount of
37 structure or impervious surface area or residential density previously reviewed or constructed.
38
39 (2) For property greater than one-half (1/2) acre but not greater than one (1) acre, the
40 property must have been designed for development and incorporated into a previously reviewed site
41 plan and the minor amendment shall not decrease, increase or otherwise modify by more than fifteen
42 percent (15%) the existing amount of structure or impervious surface area or residential density
43 previously reviewed or constructed.
44
45 (3) For property greater than one (1) acre, the property must have been designed for
46 development and incorporated into a previously reviewed site plan and the minor amendment shall
City of Cape Canaveral
Ordinance No. 19-2019
Page 2 of 7
1 not decrease, increase or otherwise modify by more than ten percent (10%) the existing amount of
2 structure or impervious surface area or residential density previously reviewed or constructed.
3
4 Staff decisions on proposed minor amendments to site plans shall be in writing and the Planning &
5 Zoning Board shall be provided written notice of such decisions as part of the board's next meeting
6 agenda.
7
8
9 Sec. 110-22. — Requirements and Review Criteria required.
10
11 Site plan application submittal requirements c_itcri rc uircd under this chapter shall be as
12 follows:
13
14 (1) Plan drawn to scale by an appropriately licensed design professional, no greater than one
15 inch to 50 feet, on sheets two feet by three feet, showing the following site data:
16
17 a. Size, height, number of units and location of proposed and existing structures and their
18 relationship to property lines, setbacks, easements, streets, etc.
19 b. Dimensions and total gross acreage of the site and percentage devoted to structures and
20 percentage of parking area devoted to landscaping with curbs and water provisions.
21 c. Total number of units proposed; total number and size of on -site parking spaces and loading
22 zones.
23 d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the
24 site and that no traffic problems are created by the proposed ingress and egress routes. In
25 addition, a traffic report prepared by a traffic engineer shall be submitted to demonstrate
26 compliance with the City's site plan requirements. The traffic report may be waived by the City
27 if the anticipated traffic impact of the proposed project is deemed minor by the City. This traffic
28 report is in addition to any traffic impact study required by Section 86-6(2) of the City Code
29 related to capacity and level of service thresholds for arterial and collector transportation
30 facilities.
31 e. Calculation of density (dwelling units per acre).
32 f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas,
33 swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune crossovers,
34 etc.
35 g. In those site plans which require a subdivision of land, no site plan shall be approved until
36 the city council has given approval to the preliminary plat.
37 h. The type of enclosure for and location of communal -type trash containers (dumpsters).
38 Type of enclosure shall be subject to approval and acceptance of the planning and zoning board.
39 i. Fire alarm and standpipe data, when required.
40 j. Site vicinity map.
41 k. Location of planned landscaping in compliance with sections 110-566 and 110-567.
42
43 (2) Topographic survey, including the following:
44
45 a. USC and G.S. datum plane.
46 b. Existing and proposed streetlights, water, sewer, paving, storm drains, fire hydrants,
City of Cape Canaveral
Ordinance No. 19-2019
Page 3 of 7
1 sidewalks, etc.
2 c. Lot lines and dimensions of all setbacks, structures and easements.
3 d. Location of established seawall line and information for construction, if required.
4 e. Surveyor's certification.
5 f. Elevations to be given on one -foot intervals.
6 g. Range markers and coastal construction setback line, where required.
7 h. Location and type of existing trees four inches in diameter or larger.
8
9 (3) Engineering data, including the following:
10
11 a. Finished grades for entire parcel, finished elevations for floors, streets, parking lots,
12 sidewalks, ten inches of adjoining property, etc.
13 b. Details, sections and specifications required of all improvements, such as streetlights, water
14 and sewer (structures, pipes, appurtenances), paving and drainage, curbs, storm drainage and
15 sidewalks.
16 c. Engineer's seal required in drawings.
17 d. Engineering storm drainage design calculation and drainage maps.
18
19 (4) Square footage of building for the following:
20
21 a. Living.
22 b. Parking.
23 c. Other.
24 d. Total under roof.
25
26 (5) Drawing notes required as follows:
27
28 a. Sidewalk and sanitary sewers to be constructed to city standards.
29 b. Water lines to conform to City of Cocoa standards.
30 c. Where applicable, fire alarm system to be installed and connected to city fire department
31 standards.
32
33 (6) For mean high water, survey shall be done by procedures established by F.S. § 177.25 et
34 seq.
35
36 (7) Proposed applications to amend a previously approved site plan are required to contain
37 such relevant information and amended plans and surveys, as required by this section, that are deemed
38 necessary by the City to support the amendment.
39
40
41 (b) The following review criteria shall be applied by the City when making any final decision on
42 whether to approve, deny, or approve with conditions any site plan application:
43
44 (1) Whether the applicant has demonstrated the site plan, including its proposed density,
45 height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise,
46 refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic -generating
City of Cape Canaveral
Ordinance No. 19-2019
Page 4 of 7
1 characteristics, number of persons anticipated using, residing or working under the plan, and other off-
2 site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land
3 use activities in the immediate vicinity.
4
5 (2) Whether the applicant has demonstrated the size and shape of the site, the proposed
6 access and internal circulation, and the design enhancements to be adequate to accommodate the
7 proposed density, scale and intensity of the site plan requested. The site shall be of sufficient size to
8 accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking,
9 safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan
10 improvements needed to mitigate against potential adverse impacts of the proposed use.
11
12 (3) Whether the proposed site plan will have an adverse impact on the local economy,
13 including governmental fiscal impact, employment, and property values.
14
15 S4) Whether the proposed site plan will have an adverse impact on the natural environment,
16 including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable
17 vegetation, and flood hazards.
18
19 (5) Whether the proposed site will have an adverse impact on historic, scenic, and cultural
20 resources, including views and vistas, and loss or degradation of cultural and historic resources.
21
22 (6) Whether the proposed site will have an adverse impact on public services, including
23 water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets,
24 public transportation, marina and waterways, and bicycle and pedestrian facilities.
25
26 (7) Whether the site plan and any related applicable traffic report provided by the applicant,.
27 details safe and efficient means of ingress and egress into and out of the neighborhood and adequately
28 addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for
29 the neighborhood, and traffic flow through immediate intersections and arterials.
30
31 (8) Whether the proposed site will have an adverse impact on housing and social conditions,
32 including variety of housing unit types and prices, and neighborhood quality.
33
34 (9) Whether the proposed site avoids significant adverse odor, emission, noise, glare, and
35 vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery,
36 parking and loading, signs, lighting, and other sire elements.
37
38 (10) Whether the applicant has provided an acceptable security plan for the proposed
39 establishment to be located on the site that addresses the safety and security needs of the establishment
40 and its users and employees and minimizes impacts on the neighborhood, if applicable.
41
42 (11) Whether the applicant has provided on the site an acceptable plan for the mass delivery
43 of merchandise for new large footprint buildings (greater than fifteen thousand (15,000) square feet)
44 including the hours of operation for delivery trucks to come into and exist the property and
45 surrounding neighborhood, if applicable.
46
City of Cape Canaveral
Ordinance No. 19-2019
Page 5 of 7
1 (12) Whether the applicant has demonstrated that the site plan has been designed to
2 incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria
3 stated herein or to adjacent and surrounding uses and properties.
4
5 (13) If required by the City, whether the applicant has agreed to execute a binding
6 development agreement to incorporate the terms and conditions of approval deemed necessary by the
7 City including, but not limited to, any mitigative techniques and plans required by City Code.
8
9
10
11 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
12 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in
13 conflict herewith, are hereby repealed to the extent of the conflict.
14
15 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral
16 City Code and any section or paragraph, number or letter and any heading may be changed or modified
17 as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected
18 and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance
19 and the City Code may be freely made.
20
21 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of
22 this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
23 whether for substantive, procedural or any other reason, such portion shall be deemed a separate,
24 distinct and independent provision, and such holding shall not affect the validity of the remaining
25 portions of this Ordinance.
26
27 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by
28 the City Council of the City of Cape Canaveral, Florida.
29
30 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of January, 2020.
31
32@}t.ANAME°.,�
33
34 Bob Moog, Mayor
35 H _ p k Lt
36 ATTEST: l . For Against
37
38 Mike Brown Motion
39
40 Ma Goforth, CMM``:al t,` ' Robert Hoog X
41 City Clerk
42 Mickie Kellum
43
44 Wes Morrison
45
46
Angela Raymond
City of Cape Canaveral
Ordinance No. 19-2019
Page 6 of 7
X
X
Second
1
2
3 First Reading: December 19, 2019
4 Advertisement: January 9, 2020
5 Second Reading: January 21, 2020
6
7
8 Approve to legal form and sufficiency
9 for th - Ci ape Canaveral only by:
10
11
12 Anthony A�Gargpaese, City Attorney
City of Cape Canaveral
Ordinance No. 19-2019
Page 7 of 7