HomeMy WebLinkAboutcocc_ordinance_no_06-2020_202012151 ORDINANCE NO. 06-2020
2
3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY
4 FLORIDA; ESTABLISHING ALTERNATIVE PARKING SURFACES, SUSTAINABLE
5 GREEN PARKING LOT ALTERNATIVES AND BICYCLE PARKING
6 REQUIREMENTS BY AMENDING CHAPTER 110 ZONING, ARTICLE IX,
7 DIVISION 2. — OFF-STREET PARKING OF THE CITY CODE; PROVIDING FOR THE
8 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
9 INCORPORATION INTO THE CODE, SERVERABILITY AND AN 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
13 law; and
14
15 WHEREAS, on August 20 2019, the City Council accepted the Resilient Cape Canaveral
16 Report which promotes the implementation of innovative designs of parking lots including
17 reducing the size of spaces, lots and pervious surfaces, as well as promoting natural absorbent
18 landscaping, for purposes of improving natural infiltration of rainfall and water quality, reducing
19 stormwater runoff to the Banana River Lagoon and reducing heat island effects caused by pervious
20 paved parking lots; and
21
22 WHEREAS, the City Council hereby finds that the environmental sustainability efforts set
23 forth in this Ordinance serve a legitimate governmental purpose for the overall betterment of the
24 community; and
25
26 WHEREAS, the City's Land Planning Agency reviewed and recommended approval of the
27 Ordinance at its September 24, 2020 meeting; and
28
29 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
30 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
31 Cape Canaveral.
32
33 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,
34 Florida, as follows:
35
36 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
37 this reference as legislative findings and the intent and purpose of the City Council of the City of
38 Cape Canaveral.
39
City of Cape Canaveral
Ordinance No. 06-2020
Page 1 of 11
1 Section 2. Code Amendment. Chapter 110 — Zoning, Article IX, Division 2. —
2 Offstreet Parking is hereby amended as follows (underlined type indicates additions and strikeout
3 type indicates deletions, while *** indicate deletions from this Ordinance of said Chapter, Article
4 and Division that shall remain unchanged in the City Code):
5
6 Chapter 110 — ZONING
7
8 ***
9 Article IX. Supplementary District Regulations
10
11 ***
12 Division 2. — OFFSTREET PARKING
13
14
15 Sec. 110-491. - Number of spaces required.
16
17 There shall be provided at the time of the erection or change of use of any main building
18 or structure or at the time any main building or structure is enlarged or increased in
19 capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet
20 automobile parking space with adequate provisions for ingress or egress in accordance
21 with the following:
22
23
***
24 (15) All other uses. To be determined by the city manager or designee , building official,
25 who shall use the ratios established in this section as a standard for determining the
26 requirements.
27
28 Sec. 110-492. - Location of spaces.
29
30 (a) Parking spaces for all residential uses shall be located on the same property as the
31 main building, except that one-half the total number of required spaces for multiple -family
32 dwellings, townhouses and mobile homes may be located in a common parking facility
33 not more than 200 feet distant from the nearest boundary of the main building site.
34 (b) Parking spaces for othcr uses other than residential shall be provided on the same
35 lot or off -site on an adjacent or different property not more than 500 feet distant distance
36 measured from the nearest point of public entrance to the building to the nearest point
37 of the off -site parking area. The availability of off -site parking shall be marked with
City of Cape Canaveral
Ordinance No. 06-2020
Page 2 of 11
1 directional signage. A convenient pedestrian connection shall be provided between the
2 properties.
3 (c) Parking requirements for two or more uses of the same or different types may be
4 satisfied by the allocation of the required number of spaces for each use in a common
5 parking facility.
6 (d) Required offstreet parking areas for seven or more automobiles shall have individual
7 spaces marked and shall be so designed, maintained and regulated that no parking or
8 maneuvering shall be on any landscaped buffer, public street, walk or alley and so that any
9 automobile may be parked and unparked without moving another, allowing, however, a
10 driveway of not more than 24 feet total on any street or alley for ingress or egress to the
11 offstreet parking area.
12 (e) Parking spaces, access drives and aisles, and dumpster areas are permitted within
13 setbacks.
14 (f) Temporary parking on unpaved areas may be approved by the city manager or
15 designee as part of a permitted outdoor entertainment event or city special event. Such
16 approval shall apply only to properly licensed, operable motor vehicles for a specified
17 limited duration.
18 (g) Whenever a properly owner or owners desire to propose a shared or off -site parking
19 arrangement on an adjacent or different property, the property owner(s) shall submit a
20 written explanation to the community development director explaining how the shared or
21 off -site parking arrangement will function in a safe and efficient manner consistent with
22 the requirements of the City Code. If the community development director and city
23 engineer determine that the arrangement will function sufficiently, the arrangement may
24 be approved by the City subject to the property owner(s) submitting a written cross access
25 and parking easement to the community development director for consideration and
26 approval by the City. If approved, the easement shall be recorded in the Official Records
27 of Brevard County, Florida prior to the shared or off -site parking arrangement becoming
28 effective and shall run with the land of the affected properties. If any party to the
29 easement withdraws, the affected property owners shall be required to satisfy the parking
30 requirements on -site in accordance with the provisions of the City Code.
31 ***
32 Sec. 110-494. — Dimensions.
33
34 I91 Offstreet parking spaces shall consist of a minimum paved area of 180 162
35 square feet for parking an automobile, exclusive of access drives or aisles thereto.
36 The minimum width of each space shall be 10 9 feet and minimum length shall be
37 18 feet.
City of Cape Canaveral
Ordinance No. 06-2020
Page 3 of 11
1
2 f Compact Parking Spaces. In parking areas for seven or more automobiles,
3 up to 30% of the total required parking spaces may be compact. The minimum
4 width of each space shall be 8 feet and minimum length shall be 16 feet. All
5 Compact spaces shall be prominently marked, posted and oriented to discourage
6 use by non -compact vehicles.
7
8 Sec. 110-495. — Alternative Sustainable Green Parking Lots.
9
10 (a) The city manager or designee may approve alternative parking
11 requirements and plans for commercial, industrial, multi -family, and mixed-
12 use developments in lieu of the standard parking requirements set forth in
13 the City Code as an incentive to encourage the construction of sustainable
14 green parking lots. Alternative parking requirements and plans may be
15 approved upon a finding that the alternative parking requirements and
16 plans will not only provide adequate parking for the affected land uses on
17 the subject property, but will also result in a more environmentally green
18 and sustainable parking lot by demonstrating consistency with the intent
19 and purpose of this section and compliance with a significant combination
20 of the following factors:
21
22 (i) The inclusion of facilities for alternative modes of transportation and
23 vehicles such as bicycles, motorcycles and compact vehicles;
24
25 (ii) The incorporation of long term shared parking facilities and
26 arrangements with affected on -site land uses with varying parking
27 demands or adjacent properties that reduce the number of required
28 parking spaces. Shared parking facilities and off -site parking
29 arrangements with adjacent or different properties shall be subject to the
30 requirements set forth in Section 110-492 of the City Code;
31
32 (iii) The aesthetic and environmentally friendly integration of the parking
33 facility into the surrounding built and natural environment;
34
35 (iv) Management of water as a resource by promoting infiltration and
36 natural water retention systems;
37
38 (v) Minimizing the heat island effect through effective and generous
39 shading, reduced parking spaces and alternative pavement materials;
40
City of Cape Canaveral
Ordinance No. 06-2020
Page 4 of 11
1 (vi) Conservation of energy usage by encouraging the placement of
2 sustainable energy infrastructure such as solar lighting and low energy
3 usage infrastructure;
4
5 (vii) Eliminating excess lighting that can waste energy, cause light
6 trespass, and diminish dark sky vistas;
7
8 (viii) Creation of focal points that add community character;
9
10 (ix) Providing a suitable growing environment for generous planting and
11 tree rooting areas by implementing safe and healthy planting practices
12 including, but not limited to, planting native high grade plant species,
13 improving soil conditions, incorporating watering and natural moisture
14 delivery and drainage systems to sustain plantings, incorporating
15 bioretention areas, and planting plant materials in groups and large swaths
16 to minimize maintenance and weeding costs.
17
18 (b) This section shall be liberally construed to implement sustainable green parking
19 facilities within the City of Cape Canaveral in lieu of traditional, less environmentally
20 friendly parking standards. The design, construction and maintenance of sustainable
21 green parking lot facilities shall be governed by commonly acceptable industry
22 standards for such facilities. The City Manager or designee is hereby authorized to
23 approve such standards to be utilized by the City in considering development permit
24 applications in furtherance of this section.
25
26 Sec. 110-496. — Administrative parking reductions.
27
28 Where two or more adjacent nonresidential uses have distinct and differing
29 peak parking usage periods, the city manager or designee may approve a
30 reduction in the required number of parking spaces provided said
31 reduction is adequately supported by the findings of a parking generation
32 study prepared by a duly qualified traffic engineer, or based on competent
33 substantial evidence of parking ratios adopted and successfully applied by
34 one or more Florida counties or other municipalities for the specific use.
35 The maximum reduction may be up to the number of parking spaces
36 required for the least intensive use.
37
38 Parking areas with more than 20 spaces may substitute up to 5 standard
39 parking spaces or 5 percent of required automobile parking with
City of Cape Canaveral
Ordinance No. 06-2020
Page 5 of 11
1 motorcycle spaces. The minimum width of each space shall be 4 feet and
2 minimum length shall be 8 feet.
3
4 The city manager or designee may grant a parking reduction for residential
5 and mixed use developments to allow the reduction of at least five parking
6 spaces, with the total reduction not to exceed 15 percent of the required
7 parking. The city manager or designee may grant a parking reduction
8 exceeding 15 percent for those uses that comply with the requirements of
9 subparagraph (b). Parking reductions are approved based on the operating
10 characteristics of a specific use. No person shall change a use of land that
11 is subject to a parking reduction except in compliance with the provisions
12 of this section.
13
14 (d) The city manager or designee may determine the minimum parkins
15 requirements for a use which is not specifically referenced in section 110-
16 491 or for which an applicant has provided evidence that a specific use is
17 of such a unique nature that the applicable minimum parking ratio listed
18 should not be applied. The determination must be adequately supported
19 by the findings of a parking generation study prepared by a duly qualified
20 traffic engineer, or be based on competent substantial evidence of parking
21 ratios adopted and successfully applied by one or more Florida counties or
22 municipalities for the specific use.
23
24 (e) All off-street parking shall meet the following standards:
25
26 (i) The use of pervious all-weather hard surface is encouraged and can
27 reduce the minimum parking spaces required by this Section by a
28 maximum of ten (10) percent, provided ten (10) percent or more of the
29 required parking spaces utilize a pervious hard surface approved by the
30 City Engineer as an industry acceptable parking standard. In no instance
31 shall this reduction be combined with any other allowable reduction
32 that results in more than a ten (10) percent total reduction of the
33 minimum required parking spaces. The installation of a pervious all-
34 weather surface shall be installed according to manufacturer's
35 installation guidelines and good engineering practices as approved by
36 the City Engineer. In any case where a pervious pavement incentive
37 authorized in this section is utilized, it shall result in additional on -site,
38 storage capacity beyond that which would otherwise be required.
39 Example: Minimum required number of spaces = 100
40 Spaces paved with pervious surface = 10 (10% of required)
City of Cape Canaveral
Ordinance No. 06-2020
Page 6 of 11
1 Reduced total number of required spaces = 90 (10 of which are
2 pervious)
3
4 (ii) Parking spaces provided in excess of one hundred ten (110) percent of
5 the minimum required by this Section shall utilize a pervious hard
6 surface or an alternative parking surface material provided the spaces
7 comply with the requirements identified herein and such surface is
8 approved by the City Engineer as an industry acceptable parking
9 standard.
10
11 (iii) Alternative parking surface materials.
12
13 (1) Gravel parking surfaces may be utilized only if all of the following
14 criteria are met (items a—h):
15
16 a. The parking area is used for any of the following:
17
18 i. The number of parking spaces required is eight (8) or less;
19 or
20 ii. The use generates less than forty (40) Average Annual Daily
21 Trips (AADT) per day; or
22 iii. The parking space(s) are designated for employee parking only.
23
24 b. Gravel is to be washed stone size #57 (three -fourths (3/4) inch
25 or larger).
26 c. Gravel parking spaces requires the installation of an
27 appropriate sub -grade and drainage plans approved by the
28 engineering services manager.
29 d. Gravel parking lots shall be designed and constructed such
30 that siltation resulting from stormwater run-off does not
31 enter adjacent properties or public rights -of -way. The lots
32 must be designed so as to prevent loose aggregate or other
33 materials from leaving the lot.
34 e. A concrete apron, constructed as per City standards, shall be
35 installed from the edge of the pavement to the property line
36 for all entrances and exits to the parking area.
37 f. All drive aisles shall be concrete, asphalt, or a pervious all-
38 weather hard surface, as per City standards.
39 g. The area surrounding the gravel lot shall have a minimum of
40 a six (6) inch band of concrete or asphalt, a curb, or an
City of Cape Canaveral
Ordinance No. 06-2020
Page 7 of 11
1 elevated landscaped area so as to contain the gravel in the
2 parking lot.
3 h. Any required handicapped parking space shall be paved.
4
5 (2) Pervious parking surfaces, including gravel, turf or other similar
6 surface may be permitted with the written approval of the City
7 Manager or designee upon favorable recommendation of the City
8 Engineer in any of the following circumstances:
9
10 a. Uses with intermittent parking such as churches and other
11 similar establishments. All required handicapped parking
12 spaces shall be paved.
13 b. Parking spaces and vehicle driving surfaces for parking areas
14 which are designed as temporary parking, overflow or
15 storage lots, or generate less than forty (40) average daily
16 trips.
17 i. A temporary parking lot is any property, located within any
18 zoning district which allows parking lots, that provides
19 interim parking until permanent parking for a use is
20 provided or the site can be developed.
21 ii. Overflow parking for this section shall mean an area of land
22 that is either a part of a development site or not more than
23 six hundred sixty (660) feet distant, as measured along the
24 nearest pedestrian walkway, that provides in excess of one
25 hundred ten (110) percent of the minimum number of
26 parking spaces required by this Section.
27 iii. Storage lots are used to park vehicles that are not moved
28 on a daily basis (e.g. car dealerships, cruise parking, vehicle
29 rental companies, or similar uses).
30 iv. Drive aisles may be required to be paved with asphalt,
31 concrete, paver bricks or another durable material approved
32 by the City Engineer.
33
34 However, the subject lot shall meet all drainage standards required
35 by this Code or other regulatory authority. In addition, a scaled
36 plan shall be submitted clearly indicating the property owner, entity
37 responsible for the vehicles parked on the property, ingress/egress,
38 parking space layout, drive aisles, adjacent uses, any
39 landscaping/buffer requirements, and a maintenance plan which
40 includes provisions for trash or debris removal, erosion control, and
City of Cape Canaveral
Ordinance No. 06-2020
Page 8 of 11
1 landscape management. The temporary, overflow, or storage lot
2 shall conform to the plan and this section.
3
4 (3) Alternative impervious surfaces such as compacted shell or other
5 similar surface may be permitted with the approval of the City
6 Manager or designee upon favorable recommendation of the City
7 Engineer in the following circumstances.
8
9 a. Parking spaces and vehicle driving surfaces for parking areas
10 which are designed as temporary or storage lots, or
11 employee only designated parking areas. Employee only
12 parking areas must be clearly identified by appropriate
13 signage.
14 b. Alternative impervious surfaces must provide stormwater
15 attenuation and treatment in compliance with stormwater
16 permitting approvals by the City and other regulatory
17 agencies.
18
19 (f) Maintenance of alternative parking surfaces.
20
21 (i) Off-street parking areas approved for gravel surfaces shall be
22 properly maintained to prevent the growth of grass and weeds,
23 potholes and ruts, uneven gravel surface and gravel spreading
24 outside of the designated parking lot area.
25
26 (ii) Off-street parking spaces approved for turf surfaces shall be
27 maintained and the turf kept in good condition and not allowed to
28 be overgrown or taken over by weeds. In the event the frequency
29 of parking or the length of time parked vehicles use turf surfaces
30 causes the turf to be damaged or destroyed to the extent the grass
31 ceases to grow, the City may require the turf to be replaced with
32 durable pervious material such as turf grid, gravel, porous asphalt,
33 pervious concrete, or open joint pavers.
34
35 (iii) Evidence of a violation of this subsection includes, but is not limited
36 to:
37
38 a. The settlement or alteration of the alternative parking
39 surface such that drainage patterns are redirected onto off -
City of Cape Canaveral
Ordinance No. 06-2020
Page 9 of 11
1 site properties rather than the intended stormwater
2 management facilities.
3 b. The absence or failed condition of the approved alternative
4 parking surface.
5 c. Introduction of sediment, material or debris from the
6 alternative parking surface onto city rights -of -way,
7 easements or neighboring properties.
8
9 (iv) Without limiting any other remedies the City may legally have to
10 remedy a maintenance violation under this subsection, the City may
11 also require the area to be paved or require the installation of
12 pervious hard surfaces such as pervious concrete, porous asphalt,
13 or open joint pavers to remedy any violation of this subsection. If
14 paving is deemed necessary by the City, the property owner will be
15 required to demonstrate compliance with all drainage standards
16 required by this Code or other regulatory agency.
17
18
19 Sec. 110-497. — Bicycle Parking.
20
21 Bicycle parking shall be located in a highly -visible, active, well -lighted area near a
22 building's principal entrance and shall not interfere with pedestrian movements.
23
24
25 Sec. 110-4958-110-505. — Reserved.
26
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
33 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
34 like errors may be corrected and additions, alterations, and omissions, not affecting the
35 construction or meaning of this Ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
City of Cape Canaveral
Ordinance No. 06-2020
Page 10 of 11
1 be deemed a separate, distinct and independent provision, and such holding shall not affect the
2 validity of the remaining portions of this Ordinance.
3
4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
5 December, 2020
6 Bob Hoog, Mayor
7
8
9
10 ATTEST: For Against
11 Mike Brown X
12 Robert Hoog X
13 Mickie Kellum X
15 Wes Morrison Motion
16 Angela Raymond Second
17
18 Mia Goforth, CMC
19 City Clerk
20
21
22
23 Approved as to legal form and sufficiency
24 for the Cif Cape Canaveral only by:
25
26
27
28 Anthony A. Garganese, City Attorney
29
30
31 First Reading: October 20, 2020
32 Advertisement: December 3, 2020
33 Second Reading: December 15, 2020
City of Cape Canaveral
Ordinance No. 06-2020
Page 11 of 11
SEAL
City of Cape Canaveal, Florida