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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20200924 CAPE CANAVERAL PLANNING & ZONING BOARD City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/4933218812298768912 Listen at: +1 (415)655-0060; Attendee Access Code: 418-585-719 September 24, 2020 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held both in-person and virtually by communications media technology (CMT). Instructions for the public to attend and provide public comments during this meeting are accessible at www.cityofcapecanaveral.org/instructions as well as attached to this agenda. CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning (PZB) excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The PZB will not take any action under the “Public Participation” section of the agenda. The PZB may schedule items not on the agenda as regular items and act upon them in the future. OLD BUSINESS NEW BUSINESS 1.Approval of Meeting Minutes – February 19, 2020 2.Interview Board Applicant – Morgan Hamby 3.Administrative Site Plan Approvals – 8550 Astronaut Blvd. (North and West) 4.Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to the City Council Re: Ordinance No. XX-2020 to amend Chapter 110 – Re: Offstreet Parking Standards – City of Cape Canaveral, Applicant. 5.Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to the City Council Re: Ordinance No. XX-2020 to amend Chapter 110, Zoning, Article IX – Re: Mobile Food Dispensing Vehicles – City of Cape Canaveral, Applicant. REPORTS AND OPEN DISCUSSION Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: ADJOURNMENT: If a person decides to appeal any decision made by the CAB with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk’s office \[(321) 868-1220 x207 or x206\] 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES February 19, 2020 A Meeting of the Planning & Zoning Board was held on February 19, 2020, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Lamar Russell called the meeting to order at 6:00 p.m. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Lamar Russell Harry Pearson Melissa Bass Dr. Michael Miller Nancy Gentilquore MEMBERS ABSENT John Price OTHERS PRESENT City Attorney Anthony Garganese Community Development David Dickey Interim City Manager Todd Morley Board Secretary Patsy Huffman PUBLIC PARTICIPATION None NEW BUSINESS: 1.Approval of Meeting Minutes: December 4, 2019. Motion by Mrs. Bass and seconded by Dr. Miller to approve the Meeting Minutes of December 4, 2020. Vote on the motion carried unanimously. 2.Election of a new Chair and Vice-Chair: Motion by Dr. Miller and seconded by Mrs. Bass to elect Mr. Russell as Chairperson. Vote on the motion carried unanimously. Motion by Mr. Russell and seconded by Mrs. Bass to elect Mr. Price as Vice Chairperson. Vote on the motion carried unanimously. 3.Interview Board Applicant-Steven Wayne Stroud. Mr. Stroud explained his background, qualifications, and reason for applying. The Board thanked him for applying. Motion by Mr. Russell, seconded by Dr. Miller to recommend approval to City Council. Vote on the motion carried unanimously. 4.Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to the City Council Re: Future Use of the Ridgewood Avenue Extension right-of-way. Staff and the City Attorney presented report/photos to include location, ownership, and the beach crossover. Discussion ensued to include the beach access, students using the path to get to Cape View Eleme Motion by Mrs. Bass and seconded by Dr. Miller approve the findings and recommendations . . . the City will not sell the Ridgewood Avenue Extension, will maintain it, and the will address any issues that may arise in the future. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: None ADJOURNMENT: Motion by Dr. Miller and seconded by Mrs. Bass to adjourn the meeting at 6:38 p.m. Approved on this _____ day of ____________________________________, 2020. ________________________________________________ Lamar Russell, Chairperson ______________________________________________ Patsy Huffman, Board Secretary August 14, 2020 TO: Josh Saltsman, RS&H FROM: David Dickey, Community Development Director RE: 8550 Astronaut Blvd. – Site Plan Minor Amendment – North Side In accordance with Sec. 110-221 (b) of the Cape Canaveral Code of Ordinances, this memo shall serve as an administrative approval for a minor amendment to the site plan for 8550 Astronaut Boulevard (see attached). This approval is based on the submitted information, to include the Site Plan application dated July 22, 2020. This approval shall in no way waive the requirements for compliance with applicable rules and regulations. Should you any questions related to this item, please contact me at 321-868-1220, ext. 118. Thank you. Xc: Mike German, Building Official Art Berger, AB Enterprises, LLC Ryan Mulcahy, SpaceX Attachment Space X Site Plan Minor Modification 8550 Astronaut Boulevard – North Side Improvements Review Criteria Analysis Sec. 110-222 (b) The following review criteria shall be applied by the city when making any final decision on whether to approve, deny, or approve with conditions any site plan application: (1)Whether the applicant has demonstrated the site plan, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on the site. The proposed modification will allow for the installation of two (2) vertical water storage tanks and a 128 square-foot storage building located immediately north of the primary structure (see attached site plan). Due to the nature and scope of the proposed improvements, listed impacts will be minimal. (2)Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on the site. The proposed modification will allow for the installation of two (2) vertical water storage tanks and a 128 square-foot storage building immediately north of the primary structure. Due to the nature and scope of the proposed improvements, listed impacts will be minimal. There will be no additional traffic generated from the site plan modification. No off-street parking spaces will be eliminated as a result of the proposed improvements, which will not adversely impact available parking for the tenant. There will be no additional employees on-site resulting from the proposed improvements. (3)Whether the proposed site plan will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The proposed modification will allow for improvements that will expand the operationalcapabilities of the tenant and will have a corresponding positive impact on employment and value of the subject parcel. (4)Whether the proposed site plan will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. All applicable State and Federal regulatory permitting requirements will be incorporated through the respective permitting process. Furthermore, applicable life/safety and building code standards have been addressed through the City’s permitting process. (5)Whether the proposed site will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.The property is a developed commercial tract containing no historic, cultural or scenic resources. (6) Whether the proposed site will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. The proposed improvements will be required to comply with applicable life/safety and building codes. Furthermore, the improvements have been reviewed by the City Engineer as well as the Public Works Services Department (see attached email from James Moore, Public Works Services Director and John Pekar, P.E., City Engineer). (7) Whether the site plan and any related applicable traffic report provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. Due to the nature and location of the proposed improvements, there will not be an adverse effect on ingress/egress to/from the site nor will there be an adverse impact on local roads or intersections. (8) Whether the proposed site will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on a developed 12.44 acre, high technology site. Due to the location, nature and scope of the proposed improvements, no adverse impact to housing or neighborhood quality is projected. (9) Whether the proposed site avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on a developed 12.44 acre, high technology site. Due to the location, nature and scope of the proposed improvements, no adverse impact to housing or neighborhood quality is projected. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Due to the nature of the proposed improvements, a security plan is not proposed. (11) Whether the applicant has provided on the site an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than 15,000 square feet) including the hours of operation for delivery trucks to come into and exist the property and surrounding neighborhood, if applicable.As the proposed improvements will be constructed on an existing 12.44 acre high-technology site with a 161,000 square foot building, adequate delivery areas exist. (12) Whether the applicant has demonstrated that the site plan has been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. All applicable State and Federal regulatory permitting requirements will be incorporated through the respective permitting process. Furthermore, applicable life/safety and building code standards have been addressed through the City’s permitting process. The City Public Works Services and City Engineer have reviewed and approved the proposed improvements (see attached correspondence). (13) If required by the city, whether the applicant has agreed to execute a binding development agreement to incorporate the terms and conditions of approval deemed necessary by the city including, but not limited to, any mitigative techniques and plans required by City Code. A binding development agreement was not required for this project. Attachments: SpaceX Site Plan – North Side Improvements John Pekar, P.E. memo – July 28, 2020 James Moore email – July 28, 2020 July 28, 2020 TO: David Dickey FROM: John Pekar, PE SUBJECT:8550 Astronaut Blvd. – North Side Slab Application We have reviewed the submitted site plan for the north side of 8550 Astronaut Blvd. This revised plan is for both a slab updateand the placement of two vertical water tanks. A small 8’ x 16’ storage building will also be included in this work. We recommend approval of the north side application for SpaceX. Sincerely, John A. Pekar, P.E. JAP:rmf From:James Moore To:David Dickey;John Pekar;Michael German;Derek Yossifon Subject:RE: North Side Slab Application. Date:Tuesday, July 28, 2020 8:51:47 AM Dave, PWS has no issues with the new proposal. Jim Jim Moore Public Works Director j.moore@cityofcapecanaveral.org phone (321) 868-1240 ext. 403 cell (321) 243-8750 fax (321) 868-1233 601 Thurm Boulevard — P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org ® The City of Cape Canaveral — Sun, Space & Sea Dpoofdu!xjui!vt"Gbdfcppl,Jotubhsbn,Uxjuufs,ZpvUvcf,Ofyuepps From: David Dickey Sent: Tuesday, July 28, 2020 6:51 AM To: John Pekar <johnpekarpe@gmail.com>; James Moore <j.moore@cityofcapecanaveral.org>; Michael German <M.German@cityofcapecanaveral.org>; Derek Yossifon <dyossifon@ccvfd.org> Subject: FW: North Side Slab Application. Good morning. Please see the attached site plan application for proposed improvements located to the north side of the principal building. Please review and let me know if you have any comments for the applicant. This is a separate application from the one recently reviewed for improvements on the west side of the principal building. Thanks. From: Arthur1 \[mailto:arthber1@aol.com\] Sent: Monday, July 27, 2020 8:09 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Subject: North Side Slab Application. Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Ij!Ebwf- Buubdife!jt!TqbdfY!9661!Btuspobvu!Cmwe/!voju!212-!Tjuf!qmbo!bqqmjdbujpo-!Opsui!tjuf!qmbo!tmbc!boe!ubol July 17, 2020 TO:Ryan Mulcahy, P.E.,SpaceX FROM:David Dickey, Community Development Director RE:8550 Astronaut Blvd. –Site Plan Minor Amendment In accordance with Sec. 110-221(b)of the Cape Canaveral Code of Ordinances, this memoshall serve as an administrative approval for aminor amendment to the site plan for 8550 Astronaut Boulevard (see attached).This approval is based oninformation as contained inthe application submitted on July 16, 2020. This approval shall in no way waive the requirements for compliance with applicable rules and regulations. Should you any questions related to this item, please contact me at 321-868-1220, ext. 118. Thank you. Xc:Mike German, Building Official Chris Wells, RS&H Attachment Space X Site Plan Minor Modification 8550 Astronaut Boulevard - West Side Review Criteria Analysis Sec. 110-222 (b) The following review criteria shall be applied by the city when making any final decision on whether to approve, deny, or approve with conditions any site plan application: (1)Whether the applicant has demonstrated the site plan, including its proposed density, height, scale and intensity, hours of operation, building and lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the plan, and other off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on the site. The proposed modification will allow for the installation of three (3) concrete pads and associated tanks located adjacent to the west side of the primary structure (see attached site plan). Due to the nature and scope of the proposed improvements, listed impacts will be minimal. (2)Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed density, scale and intensity of the site plan requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on the site. The proposed modification will allow for the installation of three (3) concrete pads and associated tanks located adjacent to the west side of the primary structure. Due to the nature and scope of the proposed improvements, listed impacts will be minimal. There will be no additional traffic generated as a result of the site plan modification. Five (5) of the tenants 247 available, off-street parking spaces will be eliminated, which will not adversely impact available parking for the tenant. There will be no additional employees on-site resulting from the proposed improvements. (3)Whether the proposed site plan will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The proposed modification will allow for improvements that will expand the operational capabilities of the tenant and will have a corresponding positive impact on employment and value of the subject parcel. (4)Whether the proposed site plan will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. All applicable State and Federal regulatory permitting requirements will be incorporated through the respective permitting process. Furthermore, applicable life/safety and building code standards have been addressed through the City’s permitting process (see attached correspondence from James Moore, Public Works Services Director, Derek Yossifon, CCVFD Fire Marshall).. (5)Whether the proposed site will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.The property is a developed commercial tract containing no historic, cultural or scenic resources. (6) Whether the proposed site will have an adverse impact on public services, including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. The proposed improvements will be required to comply with applicable life/safety and building codes. Furthermore, the improvements are subject to applicable State and Federal permitting requirements (see attached email from James Moore, Public Works Services Director). (7) Whether the site plan and any related applicable traffic report provided by the applicant, details safe and efficient means of ingress and egress into and out of the neighborhood and adequately addresses the impact of projected traffic on the immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow through immediate intersections and arterials. Due to the nature and scope of the proposed improvements, there will not be an effect on ingress/egress to/from the site nor will there be an adverse impact on local roads or intersections. (8) Whether the proposed site will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on a developed 12.44 acre, high technology site. Due to the location, nature and scope of the proposed improvements, no adverse impact to housing or neighborhood quality is projected. (9) Whether the proposed site avoids significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other sire elements. The proposed site plan modification will allow for ancillary uses to the primary high technology use occurring on a developed 12.44 acre, high technology site. Due to the location, nature and scope of the proposed improvements, no adverse impact to housing or neighborhood quality is projected. (10) Whether the applicant has provided an acceptable security plan for the proposed establishment to be located on the site that addresses the safety and security needs of the establishment and its users and employees and minimizes impacts on the neighborhood, if applicable. Due to the nature of the proposed improvements, a security plan is not proposed. (11) Whether the applicant has provided on the site an acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than 15,000 square feet) including the hours of operation for delivery trucks to come into and exist the property and surrounding neighborhood, if applicable. As the proposed improvements will be constructed on an existing 12.44 acre high-technology sitewith a 161,000 square foot building, adequate delivery areas exist. (12) Whether the applicant has demonstrated that the site plan has been designed to incorporate mitigative techniques and plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. All applicable State and Federal regulatory permitting requirements will be incorporated through the respective permitting process. Furthermore, applicable life/safety and building code standards have been addressed through the City’s permitting process. (13) If required by the city, whether the applicant has agreed to execute a binding development agreement to incorporate the terms and conditions of approval deemed necessary by the city including, but not limited to, any mitigative techniques and plans required by City Code. A binding development agreement was not required for this project. From:Derek Yossifon To:James Moore Cc:David Dickey;John Pekar;Michael German Subject:Re: Date:Thursday, July 16, 2020 12:02:33 PM Attachments:0.png 1.png 2.png 3.png Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Dave I have no comments as well. Thank you. Sent from my iPhone Derek Yossifon Shift Captain - EMS Coordinator Tel: (321) 783-4424 Ext. 305 dyossifon@ccvfd.org | www.ccvfd.org Canaveral Fire Rescue 190 Jackson Ave Cape Canaveral, FL 32920 On Jul 16, 2020, at 11:59 AM, James Moore <j.moore@cityofcapecanaveral.org> wrote: Dave No comments as long as it is for the west side of building area. Jim From: David Dickey <D.Dickey@cityofcapecanaveral.org> Sent: Thursday, July 16, 2020 11:52:20 AM To: John Pekar <johnpekarpe@gmail.com> CityofCapeCanaveral Planning & Zoning Board MeetingDate:09/24/2020 Item No. _____ Subject:Ordinance XX-2020; Establishing alternative parking surfaces, sustainablegreen parking lot alternatives and bicycle parking requirements by amending Chapter 110 Zoning, Article IX, Division 2. – Off-Street Parking of the City Code; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an Effective Date. Applicant/Owner:City of Cape Canaveral Summary: At its November 19, 2019 Regular Meeting, the City Council discussed the need to revise the City’s parking requirements to allow for alternative parking surfaces. According to the minutes of said meeting, the discussion included “parking regulations related to private and commercial properties, parking on grass in residential and commercial areas, sustainability solutions, impacts on the Indian River Lagoon, harmful nature of minimum parking requirements across the country and moving away from minimum dimensions.” According to the “Resilient Cape Canaveral” report adopted by the City Council in August 2019, Low Impact Development “includes the innovative design of parking lots which are a major source of impervious pavement. “Green Parking Lots”, with high levels of natural absorbent landscaping are a great mitigation strategy to help reduce stormwater run-off, increases natural filtration, reduce the heat island effect and improve water quality.” Furthermore, “To achieve greener parking lots, the City should assess local codes to minimize the land area devoted to parking by reducing parking stall dimensions, promote shared parking and reduce the minimum number of parking spaces required.” (emphasis added) As requested by the Council, the Planning & Zoning Board, at its December 4, 2020 meeting, discussed possible revisions to City Code related to parking, including: the size of off-street parking spaces; the creation of a new category of parking spaces for compact cars; establishing standards for alternative parking; providing for administrative parking reductions; and the use of Alternative Parking Surfaces. After a robust discussion on the topic, the Planning & Zoning Board requested Staff prepare a draft ordinance at a future meeting for its consideration. In response, the City Attorney has prepared the attached ordinance that reflects the Planning & Zoning Board’s previous discussion and begin the implementation of specific goals as contained in the Resilient Cape Canaveral report. Highlights on the proposed ordinance include: Reduce the minimum paved area for a parking space from 180 to 162 square feet and reduce the minimum width from 10 to 9 feet. Planning &Zoning Board Meeting Date: 9/24/2020 Item No. ____ Page 2 of 2 Create a compact parking space provision with minimum dimensions of eight (8) feet in width and a minimum length of 16 feet. Parking areas of seven or more spaces may include up to 30 percent of the required spaces to be dedicated for compact parking. Parking areas with 20 or more spaces may substitute up to five (5) spaces or five (5) percent of the required auto parking spaces with motorcycle spaces. Allow for administrative parking reductions for residential and mixed-use projects up to 15 percent of the required parking. Encourage the use of pervious parking surfaces by reducing the required number of required spaces by a maximum of 10 percent. Requires parking spaces in excess of 110 percent of the required spaces, be improved with a pervious surface. Allows for the use of Alternative Parking Surfaces that result in a more environmentally green and sustainable parking facility by demonstrating consistency and compliance with a significant combination of the following factors; Inclusion of facilities for alternative modes of transportation. Incorporation of long term shared parking facilities. The aesthetic and environmentally friendly integration of the parking facility into the surrounding built and natural environment. Management of water as a resource by promoting infiltration and retention. Minimizing the heat island effect through shading and use of alternative pavement materials. Conservation of energy usage be encouraging the use of sustainable energy infrastructure such as solar lighting. Elimination of excess lighting. Creation of community focal points. Providing a sustainable growing environment for generous planting and tree rooting areas. Establishes minimum maintenance standards for Alternative Parking Surfaces. Attachment: Ordinance No. XX-2020 TheCED Staff recommendsthat the Planning &Zoning Board take the following action: Recommend approval of Ordinance No. XX-2020 to the City Council. Approved byCED Director:David Dickey Date: ORDINANCE NO. xx-2020 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; ESTABLISHING ALTERNATIVE PARKING SURFACES, SUSTAINABLE GREEN PARKING LOT ALTERNATIVES AND BICYCLE PARKING REQUIREMENTS BY AMENDING CHAPTER 110 ZONING, ARTICLE IX, DIVISION 2. OFF-STREET PARKING OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SERVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in August of 2020, the City adopted the Resilient Cape Canaveral Report which promotes the implementation of innovative designs of parking lots including reducing the size of spaces, lots and pervious surfaces, as well as promoting natural absorbent landscaping, for purposes of improving natural infiltration of rainfall and water quality, reducing stormwater runoff to the Banana River Lagoon and reducing heat island effects caused by pervious paved parking lots; and WHEREAS, the City Council hereby finds that the environmental sustainability efforts set forth in this Ordinance serve a legitimate governmental purpose for the overall betterment of the community; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110 Zoning, Article IX, Division 2. OffStreet Parking is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance of said Chapter, Article and Division that shall remain unchanged in the City Code): City of Cape Canaveral Ordinance No. xx-2020 Page1of10 Chapter 110 ZONING *** Article IX. Supplementary District Regulations *** Division 2. Offstreet Parking *** Sec. 110-494. Dimensions. (a) Offstreet parking spaces shall consist of a minimum paved area of 180 162 square feet for parking an automobile, exclusive of access drives or aisles thereto. The minimum width of each space shall be 10 9 feet and minimum length shall be 18 feet. (b) Compact Parking Spaces. In parking areas for seven or more automobiles, up to 30% of the total required parking spaces may be compact. The minimum width of each space shall be 8 feet and minimum length shall be 16 feet. All Compact spaces shall be prominently marked, posted and oriented to discourage use by non-compact vehicles. Sec. 110-495. Alternative Sustainable Green Parking Lots. (a) The city manager or designee may approve alternative parking requirements and plans for commercial, industrial, multi-family, and mixed- use developments in lieu of the standard parking requirements set forth in the City Code as an incentive to encourage the construction of sustainable green parking lots. Alternative parking requirements and plans may be approved upon a finding that the alternative parking requirements and plans will not only provide adequate parking for the affected land uses on the subject property, but will also result in a more environmentally green and sustainable parking lot by demonstrating consistency with the intent and purpose of this section and compliance with a significant combination of the following factors: (i) The inclusion of facilities for alternative modes of transportation and vehicles such as bicycles, motorcycles and compact vehicles; City of Cape Canaveral Ordinance No. xx-2020 Page2of10 (ii) The incorporation of long term shared parking facilities and arrangements with affected on-site land uses with varying parking demands or adjacent properties that reduce the number of required parking spaces; (iii) The aesthetic and environmentally friendly integration of the parking facility into the surrounding built and natural environment; (iv) Management of water as a resource by promoting infiltration and natural water retention systems; (v) Minimizing the heat island effect through effective and generous shading, reduced parking spaces and alternative pavement materials; (vi) Conservation of energy usage by encouraging the placement of sustainable energy infrastructure such as solar lighting and low energy usage infrastructure; (vii) Eliminating excess lighting that can waste energy, cause light trespass, and diminish dark sky vistas; (viii) Creation of focal points that add community character; (ix) Providing a suitable growing environment for generous planting and tree rooting areas by implementing safe and healthy planting practices including, but not limited to, planting native high grade plant species, improving soil conditions, incorporating watering and natural moisture delivery and drainage systems to sustain plantings, incorporating bioretention areas, and planting plant materials in groups and large swaths to minimize maintenance and weeding costs. (b) This section shall be liberally construed to implement sustainable green parking facilities within the City of Cape Canaveral in lieu of traditional, less environmentally friendly parking standards. The design, construction and maintenance of sustainable green parking lot facilities shall be governed by commonly acceptable industry standards for such facilities. The City Manager or designee is hereby authorized to approve such standards to be utilized by the City in considering development permit applications in furtherance of this section. Sec. 110-496. Administrative parking reductions. City of Cape Canaveral Ordinance No. xx-2020 Page3of10 (a) Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, the city manager or designee may approve a reduction in the required number of parking spaces provided said reduction is adequately supported by the findings of a parking generation study prepared by a duly qualified traffic engineer, or based on competent substantial evidence of parking ratios adopted and successfully applied by one or more Florida counties or other municipalities for the specific use. The maximum reduction may be up to the number of parking spaces required for the least intensive use. (b) Parking areas with more than 20 spaces may substitute up to 5 standard parking spaces or 5 percent of required automobile parking with motorcycle spaces. The minimum width of each space shall be 4 feet and minimum length shall be 8 feet. (c) The city manager or designee may grant a parking reduction for residential and mixed use developments to allow the reduction of at least five parking spaces, with the total reduction not to exceed 15 percent of the required parking. The city manager or designee may grant a parking reduction exceeding 15 percent for those uses that comply with the requirements of subparagraph (b). Parking reductions are approved based on the operating characteristics of a specific use. No person shall change a use of land that is subject to a parking reduction except in compliance with the provisions of this section. (d) The city manager or designee may determine the minimum parking requirements for a use which is not specifically referenced in section 110- 491 or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed should not be applied. The determination must be adequately supported by the findings of a parking generation study prepared by a duly qualified traffic engineer, or be based on competent substantial evidence of parking ratios adopted and successfully applied by one or more Florida counties or municipalities for the specific use. (e) All off-street parking shall meet the following standards: (i) The use of pervious all-weather hard surface is encouraged and can reduce the minimum parking spaces required by this Section by a maximum of ten (10) percent, provided ten (10) percent or more of the required parking spaces utilize a pervious hard surface approved by the City of Cape Canaveral Ordinance No. xx-2020 Page4of10 City Engineer as an industry acceptable parking standard. In no instance shall this reduction be combined with any other allowable reduction that results in more than a ten (10) percent total reduction of the minimum required parking spaces. Example: Minimum required number of spaces = 100 Spaces paved with pervious surface = 10 (10% of required) Reduced total number of required spaces = 90 (10 of which are pervious) (ii) Parking spaces provided in excess of one hundred ten (110) percent of the minimum required by this Section shall utilize a pervious hard surface or an alternative parking surface material provided the spaces comply with the requirements identified herein and such surface is approved by the City Engineer as an industry acceptable parking standard. (iii) Alternative parking surface materials. (1) Gravel parking surfaces may be utilized only if all of the following criteria are met (items ah): a. The parking area is used for any of the following: i. The number of parking spaces required is eight (8) or less; or ii. The use generates less than forty (40) Average Annual Daily Trips (AADT) per day; or iii. The parking space(s) are designated for employee parking only. b. Gravel is to be stone size #57 (three-fourths (¾) inch or larger). c. Gravel parking spaces requires the installation of an appropriate sub-grade and drainage plans approved by the engineering services manager. d. Gravel parking lots shall be designed and constructed such that siltation resulting from stormwater run-off does not enter adjacent properties or public rights-of-way. The lots must be designed so as to prevent loose aggregate or other materials from leaving the lot. City of Cape Canaveral Ordinance No. xx-2020 Page5of10 e. A concrete apron, constructed as per City standards, shall be installed from the edge of the pavement to the property line for all entrances and exits to the parking area. f. All drive aisles shall be concrete, asphalt, or a pervious all- weather hard surface, as per City standards. g. The area surrounding the gravel lot shall have a minimum of a six (6) inch band of concrete or asphalt, a curb, or an elevated landscaped area so as to contain the gravel in the parking lot. h. Any required handicapped parking space shall be paved. (2) Pervious parking surfaces, including gravel, turf or other similar surface may be permitted with the written approval of the City Manager or designee upon favorable recommendation of the City Engineer in the following circumstances: a. Uses with intermittent parking such as churches and other similar establishments. All required handicapped parking spaces shall be paved. b. Parking spaces and vehicle driving surfaces for parking areas which are designed as temporary parking, overflow or storage lots, or generate less than forty (40) average daily trips. i. A temporary parking lot is any property, located within any zoning district which allows parking lots, that provides interim parking until permanent parking for a use is provided or the site can be developed. ii. Overflow parking for this section shall mean an area of land that is either a part of a development site or not more than six hundred sixty (660) feet distant, as measured along the nearest pedestrian walkway, that provides in excess of one hundred ten (110) percent of the minimum number of parking spaces required by this Section. iii. Storage lots are used to park vehicles that are not moved on a daily basis (e.g. car dealerships, cruise parking, vehicle rental companies, or similar uses). iv. Drive aisles may be required to be paved with asphalt, concrete, paver bricks or another durable material approved by the engineering services manager. c. The lot shall meet all drainage standards required by this Code or other regulatory authority. City of Cape Canaveral Ordinance No. xx-2020 Page6of10 d. A scaled plan shall be submitted clearly indicating the property owner, entity responsible for the vehicles parked on the property, ingress/egress, parking space layout, drive aisles, adjacent uses, any landscaping/buffer requirements, and a maintenance plan which includes provisions for trash or debris removal, erosion control, and landscape management. The temporary, overflow, or storage lot shall conform to the plan and this section. (3) Alternative impervious surfaces such as asphalt millings, compacted shell or other similar surface may be permitted with the approval of the City Manager or designee upon favorable recommendation of the City Engineer in the following circumstances. a. Parking spaces and vehicle driving surfaces for parking areas which are designed as temporary or storage lots, or employee only designated parking areas. Employee only parking areas must be clearly identified by appropriate signage. b. Alternative impervious surfaces must provide stormwater attenuation and treatment in compliance with stormwater permitting approvals by the City and other regulatory agencies. (f) Maintenance of alternative parking surfaces. (i) Off-street parking areas approved for gravel surfaces shall be properly maintained to prevent the growth of grass and weeds, potholes and ruts, uneven gravel surface and gravel spreading outside of the designated parking lot area. (ii) Off-street parking spaces approved for turf surfaces shall be maintained and the turf kept in good condition and not allowed to be overgrown or taken over by weeds. In the event the frequency of parking or the length of time parked vehicles use turf surfaces causes the turf to be damaged or destroyed to the extent the grass ceases to grow, the City may require the turf to be replaced with durable pervious material such as turf grid, gravel, porous asphalt, pervious concrete, or open joint pavers. City of Cape Canaveral Ordinance No. xx-2020 Page7of10 (iii) Evidence of a violation of this subsection includes, but is not limited to: a. The settlement or alteration of the alternative parking surface such that drainage patterns are redirected onto off- site properties rather than the intended stormwater management facilities. b. The absence or failed condition of the approved alternative parking surface. c. Introduction of sediment, material or debris from the alternative parking surface onto city rights-of-way, easements or neighboring properties. (iv) Without limiting any other remedies the City may legally have to remedy a maintenance violation under this subsection, the City may also require the area to be paved or require the installation of pervious hard surfaces such as pervious concrete, porous asphalt, or open joint pavers to remedy any violation of this subsection. If paving is deemed necessary by the City, the property owner will be required to demonstrate compliance with all drainage standards required by this Code or other regulatory agency. Sec. 110-497. Bicycle Parking. Bicycle parking shall be located in a highly-visible, active, well-lighted area near a building's principal entrance and shall not interfere with pedestrian movements. Sec. 110-4958-110-505. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. xx-2020 Page8of10 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _____ day of _______________, 2020. _____________________________________ Bob Hoog, Mayor ATTEST: For Against Mike Brown _______ _______ ______________________________ Mia Goforth, CMC Robert Hoog _______ _______ City Clerk Micki Kellum _______ _______ Wes Morrison _______ _______ Angela Raymond _______ _______ Approved as to legal form and sufficiency for the City of Cape Canaveral only by: __________________________________ Anthony A. Garganese, City Attorney First Reading: _______________ Advertisement: ______________ Second Reading: _____________ City of Cape Canaveral Ordinance No. xx-2020 Page9of10 City of Cape Canaveral Ordinance No. xx-2020 Page10of10 Cityof Cape Canaveral Planning & Zoning Board Meeting Date: 9/24/2020 Item No. _____ Subject:Ordinance No. XX-2020; generally related to land use and zoning requirements; authorizing the operation of “Mobile Food Dispensing Vehicles” as a temporary accessory use in certain limited zoning districts in furtherance of Section 509.102(2), Florida Statutes and at special events authorized by the City; providing general standards for operating Mobile Food Dispensing Vehicles; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Applicant/Owner:City of Cape Canaveral Summary: At its December 13, 2017 regular meeting, the Planning & Zoning Board discussed an item related to Mobile Food Dispensing Vehicles (MFDV), to include City policy which did not allow the operation of MFDVs, other than at City approved special events, such as Friday Fest. Following the discussion, the Board reached a consensus to recommend that no change to City policy related to MFDVs be initiated. With an effective date of July 1, 2020, the Florida Legislature enacted Section 509.102, Florida Statutes that provides a limited preemption regarding the operation of a MFDV in Florida municipalities. It is limited in that a municipality may not require a separate license, registration, or permit other than that required by the state or require the payment of any license, registration, or permit fee other than that required by the state. Furthermore, the preemption establishes a municipality may not prohibit the operation of a vehicle within the entirety of its jurisdiction. However, despite the legislation, the City maintains a high-level of home rule power with respect to its ability to regulate land use and in particular, the operation of a MFDV within City limits. To recognize the provisions contained in Section 509.102, Florida Statutes, the City Attorney has prepared a draft ordinance to authorize the operation of MFDVs as a temporary accessory use in certain limited zoning districts. Highlights of the proposed locational guidelines include: As an accessory, temporary use on property zoned C1, C2 or M1. On public or private school property during a school-sponsored event. On City property or a public road during a special event open to the general public. On private property during a special event which is private or open to the public. Highlights of the operational standards include: When operating on private property, a notarized affidavit signed by the property owner is required. The property must be a developed site. A MFDV may operate at a single location no more than three (3) consecutive days. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. The MFDV shall operate on a paved surface and not exceed 600 square feet. Planning &Zoning Board Meeting Date: 9/24/2020 Item No. ____ Page 2 of 2 Outdoor dining areas are prohibited to include tables, chairs, benches, etc. The operation of a MFDV shall not interfere with vehicular or pedestrian traffic. No additional signage other than that which is affixed and displayed on the MFDV is allowed. Amplified music or other sounds for purposes of attracting customers is not allowed. A MFDV shall not discharge waste, fat, oil, grease or similar substance from the vehicle. A copy of all applicable license(s) shall be maintained on the MFDV at all times. The operation of a MFDV on private property must be within an area specifically authorized for accessory temporary outdoor sales on a previously approved site plan. If there is no specific authorization, the property owner shall be required to obtain supplemental site plan approval pursuant to Chapter 110, Article VI of City Code. Such approval shall include the submittal of a site plan detailing, among other things, the proposed location of the MFV on the property. Due to the passage of Section 509.102 Florida Statutes, it is no longer sustainable to maintain an outright ban of MFDVs within the City limits. It is incumbent on the City to adopt reasonable locational and operational standards to provide for this use while exercising it land use controls to ensure the public’s health, safety and welfare. Attachment: Ordinance No. XX-2020 TheCED Staff recommendsthat the Planning &Zoning Board take the following action: Recommend approval of Ordinance No. XX-2020 to the City Council. Approved byCED Director:David Dickey Date: 1 ORDINANCE NO. ___-2020 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, GENERALLY RELATED TO LAND USE AND 5 ZONING REQUIREMENTS; AUTHORIZING THE OPERATION OF 6 ICLES AS A TEMPORARY 7 ACCESSORY USE IN CERTAIN LIMITED ZONING DISTRICTS IN 8 FURTHERANCE OF SECTION 509.102(2), FLORIDA STATUTES AND AT 9 SPECIAL EVENTS AUTHORIZED BY THE CITY; PROVIDING GENERAL 10 STANDARDS FOR OPERATING MOBILE FOOD DISPENSING 11 VEHICLES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 12 ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE 13 CODE; SEVERABILITY; AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 16 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 17 law; and 18 19 WHEREAS, the Florida Legislature recently enacted Section 509.102, Florida Statutes, 20 which 21 establishment and that is self-propelled or otherwise moveable from place to place and includes 22 self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal; 23 and 24 25 WHEREAS, the City Council recognizes that effective July 1, 2020, Section 509.102, Florida 26 27 a municipality may not require a separate license, registration, or permit other than the license 28 required by the state, or require the payment of any license, registration, or permit fee other than 29 the fee required by the state, as a condition for the operation of a mobile food dispensing vehicle 30 within the municipality; and 31 32 WHEREAS, the City Council also recognizes that Section 509.102, Florida Statutes, 33 provides that a municipality may not prohibit mobile food dispensing vehicles from operating 34 within the entirety of a municipal jurisdiction; and 35 36 WHEREAS, the City Council further finds that although Section 509.102, Florida Statutes 37 does preempt municipalities in certain areas, Section 509.102, Florida Statutes is intended to be a 38 partial preemption of municipal home rule authority bec 39 40 authority to regulate the operation of mobile food dispensing vehicles other than the regulations City of Cape Canaveral Ordinance No. ___-2020 Page1of12 1 described in Section 509.102(2), Florida Statutes; and 2 3 WHEREAS, the City Council hereby finds that despite Section 509.102, Florida Statutes, 4 municipalities continue to enjoy significant home rule authority to regulate land use and zoning 5 and operational standards related to mobile food dispensing vehicles; and 6 7 WHEREAS, under regulated circumstances, mobile food dispensing vehicles provide a 8 valuable and convenient service to the community by providing food and beverage options at 9 special events and other appropriate venues; and 10 11 WHEREAS, the City Council wishes to support convenient food and beverage options at 12 special events and other appropriate venues and encourage and support local business and 13 entrepreneurship by adopting uniform regulations to allow the operation of mobile food 14 dispensing vehicles within the City consistent with the preemption provided in Section 509.102, 15 Florida Statutes; and 16 17 WHEREAS, the City Council finds that the use and operation of mobile food dispensing 18 vehicles on real property directly affects the use of land within the City, and therefore, such uses 19 20 Rule Powers Act, Community Planning Act and other applicable law. See also, Village of Euclid, 21 Ohio v. Ambler Realty Co., 272 U.S. 365 (1926) (The concept of planning and zoning is a legitimate 22 exercise of the police power of municipalities.); and 23 24 WHEREAS, unless the operation of mobile food dispensing vehicles within the City is 25 limited to certain commercial and industrial zoning districts or temporary special events, and 26 subject to some level of site plan review by the City to ensure that the real property on which they 27 operate is suitable to accommodate such use, the operation of such vehicles may negatively 28 impact the use of real property and surrounding properties and create public nuisances; and 29 30 WHEREAS, the City Council desires to avoid such negative impacts and public nuisances; 31 and 32 33 WHEREAS, the City Council also finds that the use and operation of mobile food 34 dispensing vehicles should be governed by other traditional land use and zoning requirements as 35 more specifically stated herein in order to avoid adverse negative effects which may be cause by 36 the operation of such vehicles on real property and safeguard the community; and 37 38 WHEREAS, the City Council further finds that for mobile food dispensing vehicles to 39 successfully operate their respective businesses for profit within the jurisdictional limits of the City, 40 such vendors must also rely upon and use City streets; and City of Cape Canaveral Ordinance No. ___-2020 Page2of12 1 2 WHEREAS, the City Council additionally finds and recognizes that Florida courts have long 3 held that municipalities have the historic ability to regulate commercial use of City streets and 4 that the use of public roads for profit is a privilege, not a right, and can be regulated and controlled 5 by the government in furtherance of the public health, safety and welfare. See Seaboard Air Line 6 Ry. Co. v. Wells, 100 Fla. 1027, 1034, 130 So. 587, 591 (Fla. 1930); Pennington v. Quigg, 94 Fla. 1056, 7 1065, 114 So. 859, 862 (Fla. 1927) (The right to use city streets for conducting private business is 8 not an inherent right and can only be acquired by permission or license from the city); Jarrell v. 9 Orlando Transit Co., 123 Fla. 776, 778, 167 So. 664, 665 (Fla. 1936) (There is then no such thing as 10 a natural right to use the public highways for commercial purposes. A city may grant a limited 11 vilege that may be restricted or 12 withdrawn at the discretion of the granting power. The power to do so is plenary and may extend 13 to absolute prohibition; and 14 15 WHERAS, the City Council deems that it is necessary to regulate mobile food dispensing 16 vehicles operating upon streets within the City so such vendors operate in areas with sufficient 17 pedestrian traffic and in a manner that avoids traffic conflicts and congestion and otherwise 18 generally protects public safety and does not detract from the aesthetic beauty and attractiveness 19 of the surrounding streetscape and properties; and 20 21 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 22 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of 23 Cape Canaveral. 24 25 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 26 ORDAINS, AS FOLLOWS: 27 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 28 this reference as legislative findings and the intent and purpose of the City Council of the City of 29 Cape Canaveral. 30 31 Section 2. Mobile Food Dispensing Vehicles. The City of Cape Canaveral Code of 32 Ordinances, Chapter 110, Zoning, Article IX, Division 9 Mobile Food Dispensing Vehicles and Other 33 Mobile Vendors is hereby created as set forth below (underlined type indicates additions and 34 strikeout type indicates deletions): 35 36 CHAPTER 110 ZONING 37 38 *** 39 City of Cape Canaveral Ordinance No. ___-2020 Page3of12 1 ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS 2 3 *** 4 5 Division 9. Mobile Food Dispensing Vehicles and Other Mobile Vendors. 6 7 Sec. 110-584.1. -Mobile Food Dispensing Vehicles. 8 9 (a) Purpose and intent. The purpose and intent of this section is to establish land use 10 and zoning regulations for real property upon which a mobile food dispensing vehicle is 11 authorized to operate within the jurisdictional limits of the City. Mobile food dispensing vehicles, 12 except for those operating on real property authorized in this section, are prohibited and unlawful 13 on other real property not so authorized. This section is neither intended to prohibit mobile food 14 dispensing vehicles from operating within the entirety of the City nor regulate the licensing, 15 registration, permitting and fees of mobile food dispensing vehicles preempted by the state under 16 section 509.102, Florida Statutes. 17 18 (b) Definitions. As used in this section, the following words and phrases shall have the 19 following meanings, unless the context clearly indicates that a difference meaning is intended: 20 21 Accessory shall mean clearly incidental or subordinate to and customary in 22 connection with the principal building or use on a developed site and which is 23 located on the same lot or parcel with such principal building or use. 24 25 City Manager shall mean the City Manager or designee thereof. 26 27 Developed site shall mean real property upon which a building and other 28 permanent improvements have been legally constructed and which is currently in 29 compliance with all land development regulations and the City Code. 30 31 Food shall mean all substances commonly used for human consumption as food, 32 beverage, confectionery or condiments, whether simple, mixed or compound, and 33 all substances or ingredients used in preparation thereof. 34 35 Mobile Food Dispensing Vehicle shall have the same meaning as that term is defined 36 in Section 509.102(1), Florida Statutes, and upon the effective date of this Section 37 means any vehicle that is a public food service establishment and that is self- 38 propelled or otherwise moveable from place to place and includes self-contained 39 utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. 40 City of Cape Canaveral Ordinance No. ___-2020 Page4of12 1 Public road shall mean any public right-of-way for cars and trucks in the city. 2 3 4 5 6 7 8 9 10(c)Authorized Locations. Subject to the terms and conditions set forth in subsection 11(d), mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of 12 the City in the following authorized areas: 13 14(1)As a temporary accessory use on property which is designated C-1, C-2 or 15 M-1 16 17(2)Within a clearly delineated area on City property or a public road which has 18 been specifically and temporarily set aside for a mobile food dispensing 19 vehicle to operate during a special event which is open to the general 20 public, provided the event has been lawfully permitted by the City and any 21 mobile food dispensing vehicle has been contractually arranged by the 22 event organizer to be part of the event. 23 24(3)Within a clearly delineated area on public or private school property which 25 has been specifically and temporarily set aside for a mobile food dispensing 26 vehicle to operate during a school sponsored event held entirely on school 27 property which is open to the faculty and student body, provided the event 28 has been lawfully permitted by the City and any mobile food dispensing 29 vehicle has been contractually arranged by the school to be part of the 30 event. 31 32(4)Within a clearly delineated area on private property which has been 33 specifically and temporarily set aside for a mobile food dispensing vehicle 34 to operate during a special event held entirely on private property which is 35 private or open to the general public, provided the event has been lawfully 36 permitted by the City and any mobile food dispensing vehicle has been 37 contractually arranged by the event organizer to be part of the event. 38 However, a mobile food dispensing vehicle shall not be allowed to operate 39 on any existing single or multi-family residential use property unless the 40 area being used is common area of a residential project with at least fifty City of Cape Canaveral Ordinance No. ___-2020 Page5of12 1(50) dwelling units. Additionally, a special eventallowedon private 2 property under this subsection shall be limited to no more than one event 3 per calendar quarter. 4 5 (d) Conditions of Land Use and Operational Standards. The following land use and 6 operational standards shall apply to all mobile food dispensing vehicles operating within the City: 7 8 (1) When the mobile food dispensing vehicle will be operating on private 9 property, a notarized affidavit signed by the property owner indicating that 10 the vehicle has permission to operate and vend on the property. The 11 affidavit must also indicate that the property owner acknowledges the 12 following requirements: 13 14 a. The property owner shall comply with all ordinances regarding solid 15 waste disposal and must provide the vehicle access to solid waste collection 16 on the subject property; 17 b. The property owner shall require that the vehicle meet all applicable 18 federal, state and local statutes, regulations, laws, ordinances, rules and 19 codes including, but not limited to, applicable land use and zoning 20 requirements regarding the subject property including site plan 21 requirements; 22 c. The property owner shall acknowledge that the property owner 23 understands the regulations governing mobile food dispensing vehicles 24 and will be held responsible, along with the vehicle owner, for any code 25 violations; and 26 d. The property owner shall ensure that the property will be continuously 27 maintained in a neat, clean, and orderly manner, and that the mobile food 28 dispensing vehicle shall be limited to operating as a temporary accessory 29 use on the subject property. 30 31 (2) The subject property must be a developed site. The subject property must 32 not be vacant or unimproved. 33 34 (3) No more than one (1) mobile food dispensing vehicle shall be parked or in 35 operation on a single property at any given time, except multiple mobile 36 food dispensing vehicles may be allowed with express written permission 37 of the City during an authorized special event. 38 39 (4) A mobile food dispensing vehicle may operate at a single location up to a 40 maximum of four (4) days per week but no more than three (3) consecutive City of Cape Canaveral Ordinance No. ___-2020 Page6of12 1 days, or if operation is allowed as part of a special event permit, said 2 vehicles may operate in accordance with the duration of the special event 3 permit. 4 5 (5) Except with the express written permission of the City during an authorized 6 special event, hours of operation shall be limited between 7a.m. and 10p.m. 7 The person in charge of the mobile food dispensing vehicle when in 8 operation on the developed site must be present at all times during hours 9 of operation. 10 11 (6) When the mobile food dispensing vehicle will be operating on private 12 property, the vehicle must be parked when in operation within an area on 13 the property specifically authorized for accessory temporary outdoor sales 14 master site plan previously approved by the City. 15 If the property owner does not have specific site plan approval for accessory 16 temporary outdoor sales on the master site plan, the property owner shall 17 be required to obtain supplemental site plan approval pursuant to the 18 minor site plan amendment review procedure and criteria under Chapter 19 110, Article VI of the City Code before the mobile food dispensing vehicle 20 may operate as an accessory use on the subject property. For purposes of 21 obtaining supplemental site plan approval, the property owner shall submit 22 a site plan or detailed sketch depicting the proposed location of temporary 23 mobile food dispensing vehicle operations; all parking spaces, entrances 24 and exits to and from the site; and distances from any buildings or 25 structures, sidewalks, rights-of-way, fire hydrants, fire lanes and landscaped 26 areas, storm drains, and such other information or documentation deemed 27 by the City to be reasonably necessary to authorize outdoor accessory 28 temporary sales on the subject property in a manner that is compatible with 29 the existing uses on the subject property and the surrounding area and 30 protects the public health, safety and welfare of the citizens of the City. The 31 supplemental site plan submittal requirements required under this 32 subsection for mobile food dispensing vehicles are in lieu of the site plan 33 amendment submittal requirements under section 110-222 unless major 34 building or infrastructure improvements are being proposed to 35 accommodate the mobile food dispensing vehicles. The mobile food 36 dispensing vehicle temporary sales area must be on a paved surface and 37 not exceed an area of 600 square feet unless the City determines more area 38 is required and the subject property clearly has ample space to support a 39 larger sales area. The approved area must not adversely affect existing uses 40 on the subject property or the flow of pedestrian and vehicular traffic on City of Cape Canaveral Ordinance No. ___-2020 Page7of12 1 the developed site. There must be an adequate numberof parking spaces 2 available for the general public visiting the developed site. Supplemental 3 site plan approval granted by the City under this subsection is subject to 4 being suspended or revoked pursuant to subsection (e) or at such time the 5 master site plan is revoked or modified by the City. 6 7 (7) Outdoor dining areas are prohibited including, but not limited to, tables, 8 chairs, booths, bar stools, benches, and standup counters, except if dining 9 areas are allowed with express written permission of the City during an 10 authorized special event. 11 12 (8) Mobile food dispensing vehicles selling or dispensing of food to customers 13 in a moving vehicle or otherwise engaging in drive-up sales is prohibited. 14 15 (9) A mobile food dispensing vehicle shall not be located on private property 16 upon which uncorrected code violations exist, or which is under citation for 17 code violations. 18 19 (10) Mobile food dispensing vehicles and all materials associated with such 20 vehicles must physically be moved at least daily and cannot remain on the 21 subject property outside the approved hours of operation unless otherwise 22 allowed by the City for special events. Overnight parking of mobile food 23 dispensing vehicles is prohibited unless located within an enclosed garage 24 or on property zoned for an authorized open storage use and said storage 25 complies with any applicable storage requirements set forth in the City 26 Code. 27 28 (11) Mobile food dispensing vehicles shall not sell alcohol unless specifically 29 approved as part of a special event or other permit approved by the City. 30 The alcohol-related restrictions of Chapter 6 of the City Code are applicable 31 unless otherwise authorized by the City Code, or, expressly waived by the 32 City. 33 34 (12) The operation of a mobile food dispensing vehicles must not obstruct or 35 interfere with vehicular or pedestrian traffic, building access, fire lanes, 36 crosswalks, driveways, fire hydrants, loading areas, stormwater drainage 37 systems, or landscape buffers associated with the principal use. 38 39 (13) Mobile food dispensing vehicles must not enter or park upon playgrounds, 40 playing fields and courts, sidewalks, footpaths or bicycle paths. City of Cape Canaveral Ordinance No. ___-2020 Page8of12 1 2 (14) Mobile food dispensing vehicles must not enter or park upon any 3 loading zone, driveway, handicapped parking space, or 4 designated public safety lane (e.g., fire lanes) or within twenty (20) feet of a 5 crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage 6 structure. 7 8 (15) No additional signage shall be permitted on the developed site related to 9 the mobile food dispensing vehicle except as to signage permanently 10 affixed and displayed on the vehicle. 11 12 (16) Amplified music or other sounds from any mobile food dispensing vehicle 13 or from audio equipment installed on the developed site by the property 14 owner or person in charge of the vehicle for purposes of vending, attracting 15 or encouraging the congregation of customers shall be prohibited. 16 17 (17) Mobile food dispensing vehicles shall maintain an appropriate number and 18 size of operable fire extinguishers. 19 20 (18) The operation of a mobile food dispensing vehicles shall not create or cause 21 nuisance conditions to include, but not be limited to, displaying flags or 22 unauthorized signage, loud noises, visual glare, flashing or animated lights, 23 shouting or amplified music or sound, excessive fumes or smoke, 24 environmental hazards, and any vehicular or pedestrian hazard. 25 26 (19) The grounds around the mobile food dispensing vehicle and within the 27 vending space shall be kept free of litter, trash, paper and waste at all times. 28 Waste containers shall be provided and all trash shall be taken with the 29 vehicle when the vendor leaves or with the permission of the property 30 owner, placed inside a commercial dumpster in use and located on the 31 developed site. 32 33 (20) Mobile food dispensing vehicles must not discharge waste, fat, oil, grease 34 or such other similar substances from the vehicle. All such substances 35 related to or generated from the vehicle shall be taken with the vehicle 36 when vehicle leaves the subject property. 37 38 (21) Mobile food dispensing vehicles must comply, as applicable, with the 39 standards specified by Chapter 5K-4.002, Florida Administrative Code, and 40 the U.S. Food and Drug Administrative 2001 Food Code, as such codes may City of Cape Canaveral Ordinance No. ___-2020 Page9of12 1 be amended from time to time.It is also prohibited and unlawful for a 2 mobile food dispensing vehicle to fail to comply with all state and City 3 traffic and parking, and stopping and standing laws, codes, ordinances, 4 rules and regulations. 5 6 (22) A copy of the appropriate license(s) issued from the Florida Department of 7 Business & Professional Regulation (Division of Hotels and Restaurants) 8 shall be maintained on the mobile food dispensing vehicle at all times when 9 the vehicle is in operation on real property located within the City, and shall 10 11 enforcement officers. 12 13 (e) Penalties. 14 15 (1) Owners and operators of mobile food dispensing vehicles, and property 16 owners on which such vehicles operate, shall be joint and severally liable 17 for any violations of this section. The penalty provisions set forth in section 18 1-15 of the City Code shall apply to violations of this section. 19 20 (2) In addition to the penalties authorized by subsection (1), the City Manager 21 may also suspend or revoke 22 accessory temporary outdoor sales and/or special event permit, as may be 23 applicable, upon a finding that a mobile food dispensing vehicle was 24 operating on the subject property in violation of this section. Prior to 25 suspending or revoking the applicable site plan approval and/or special 26 event permit, the City Manager shall: 27 28 (i) Afford the property owner notice of the violation(s) and a 29 reasonable, informal opportunity to be heard regarding the 30 violation(s); 31 32 (ii) Consider the property owners past record of compliance with this 33 section and related laws; and 34 35 (iii) Consider the degree of risk to public health, safety, and welfare 36 arising from the alleged violation(s) in evidence. 37 38 (3) The City Managers decision under subsection (2) shall be rendered in 39 writing and shall be deemed final. 40 City of Cape Canaveral Ordinance No. ___-2020 Page10of12 1(4)Any site plan approval or special event permit suspended or revoked 2 pursuant to this subsection shall immediately be void and of no further use 3 and effect to any person. If revoked, the property owner shall be prohibited 4 from seeking subsequent site plan approval for accessory temporary 5 outdoor sales or a special event permit for the subject property for a period 6 of one (1) year from the date of the revocation. 7 8 (5) The operation of a mobile food dispensing vehicle without a valid site plan 9 approval for accessory temporary outdoor sales or special event permit 10 (including if operated during a period of license suspensions or revocation) 11 shall subject the owner of the property and the owner of the vehicle and 12 operator thereof to code enforcement action, civil action, or action as 13 otherwise allowed by state law or the City Code. 14 15 16 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 17 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 18 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 19 20 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 21 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 22 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 23 and like errors may be corrected and additions, alterations, and omissions, not affecting the 24 construction or meaning of this ordinance and the City Code may be freely made. 25 26 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 27 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 28 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 29 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 30 the validity of the remaining portions of this Ordinance. 31 32 Section 6. Effective Date. This Ordinance shall become effective immediately upon 33 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 34 Charter. 35 36 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _____ day of 37 _____________, 2020. 38 39 40 City of Cape Canaveral Ordinance No. ___-2020 Page11of12 1_______________________________ 2 Bob Hoog, Mayor 3 4 ATTEST: For Against 5 6 Mike Brown _______ _______ 7 ___________________________________ 8 Mia Goforth, CMC Robert Hoog _______ _______ 9 City Clerk 10 Mickie Kellum _______ _______ 11 12 Wes Morrison _______ _______ 13 14 Angela Raymond _______ _______ 15 16 17 Approved as to legal form and sufficiency 18 for the City of Cape Canaveral only by: 19 20 __________________________________ 21 Anthony A. Garganese, City Attorney 22 City of Cape Canaveral Ordinance No. ___-2020 Page12of12