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CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
August 3, 2022
6:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Local Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the “Public Participation”
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
A.Board Matters:
1.Approval of Meeting Minutes — June 22, 2022
B.Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings):
2.Ordinance No. XX-2022; An Ordinance of the City Council of the City of Cape Canaveral,
Florida, amending of the City’s Sign Code related to feather signs; providing for the repeal
of prior inconsistent Ordinances and Resolutions, incorporation into the Code, severability
and an effective date.
3.Consideration and Recommendation to the City Council Re: Preliminary/Final Plat
Approval for three (3) residential lots (Poinsetta Place) located on Jefferson Avenue on
Parcel #24-37-23-CG-13-4 per City Code of Ordinances, Sec. 98-61 – Bryan Stumpf,
Applicant.
4.Consideration and Recommendation Re: Site Plan Approval for the Hyatt Place Hotel
project located at 9009 Astronaut Boulevard on Parcel #24-37-15-00-252 per City Code of
Ordinances, Sec. 110-223 – Allen Engineering, Applicant.
5.Consideration and Recommendation Re: Lot Split for property located at E. Central
Boulevard and Ridgewood Avenue (Parcel Nos. 24-37-14-51-9-21.01 and 24-37-14-51-9-
21.02), Section 98-66, Mike DiChristopher, Applicant.
6.Ordinance No. XX-2022; An Ordinance of the City of Cape Canaveral, Florida, amending
Chapter 102 – Tree Protection; providing for amendments to comply with State law
preemptions; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
PZB Agenda – August 3, 2022
Page 2 of 2
REPORTS AND OPEN DISCUSSION – Discussion item regarding adding a mixed-use land use
category in the Comprehensive Plan.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:If
a person decides to appeal any decision made by the PZB 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
JUNE 22, 2022
A meeting of the Planning & Zoning Board took place on June 22, 2022, at City Hall Council
Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to
order at 6:00 pm. The Board Secretary called the roll.
ROLL CALL
MEMBERS PRESENT
Lamar Russell Chairman
John Price Vice Chairman
Nancy Gentilquore Board Member
Susan Denny Board Member
Steven Stroud Board Member
T
OTHERS PRESENT
David Dickey Director, Community & Economic Development
Anthony Garganese City Attorney
Patti Roth Board Secretary
F
PUBLIC PARTICIPATION
None
A
OLD BUSINESS
NEW BUSINESS
A.Board Matters:
R
1.Approval of Meeting Minutes: January 26, 2022 – Motion to accept the minutes as
written, made by Board Member Denny and seconded by Vice Chairman Price. Vote on the
motion carried unanimously.
D
B.Comprehensive Plan Amendments (Legislative – Public Hearings):
2.Dave Dickey gave the Board a presentation explaining the phases of our administrative
rezoning project that we’ve been working on for over a year. Phase 1 the public
owned properties throughout the ity, Phase 2 residential north of North
Atlantic, larger condo properties and some arger sites, and Phase 3maller
p. five properties. There is going to be two ordinances for each property
Planning & Zoning
Meeting Minutes
Page 2
As a resultthese properties became legal non-conformingThat creates red flags when
someone wants to refinance their home or somebody wants to sell and they’re getting an
appraisal. There were over 700 properties in the city that fell into this category of legal non-
conforming, most of them being residential. The Planning & Zoning Board addressed the
following five parcels/areas . . . Anchorage Avenue, Bakersfield Subdivision, Gizella Townhomes,
Harbor Heights Townhouses, and Sea Shell Lane/N. Atlantic Avenue.
A motion was made by Vice Chairman Price and seconded by Board Member Stroud to
recommend approval to the City Council changing the Future Land Use Map from “C-1
Commercial” to “R-2 Residential” for 146, 147, 156, 157, 166, 167, 176, and 177 Anchorage
Avenue. The motion carried unanimously.
A motion was made by Vice Chairman Price and seconded by Board Member Gentilquore to
T
recommend approval to the City Council changing the Rezoning from C-1 Low Density
Commercial to City R-2 Medium Density Residential for 146, 147, 156, 157, 166, 167, 176, and
177 Anchorage Avenue. The motion carried unanimously.
F
A motion was made by Vice Chairman Price and seconded by Board Member Denny to
recommend approval to the City Council changing the Future Land Use Map from “C-1
Commercial” to “R-2 Residential” for Bakersfield Subdivision (f/k/a a portion of Ocean
Gardens) located on 146 and 148 Ocean Garden Lane. The motion carried unanimously.
A
A motion was made by Vice Chairman Price and seconded by Board Member Gentilquore to
recommend approval to the City Council changing the Rezoning from C-1 Low Density
Commercial to City R-2 Medium Density Residential for Bakersfield Subdivision (f/k/a a portion
of Ocean Gardens) located on 146 and 148 Ocean Garden Lane. The motion carried
unanimously.
R
A motion was made by Board Member Denny and seconded by Board Member Dr. Miller to
recommend approval to the City Council changing the Future Land Use Map from “C-1
Commercial” to “R-2 Residential” for the Gizella Townhomes. The motion carried unanimously.
D
A motion was made by Vice Chairman Price and seconded by Board Member Gentilquore to
recommend approval to the City Council changing the Rezoning from C-1 Low Density
Commercial to City R-2 Medium Density Residential for the Gizella Townhomes. The motion
carried unanimously.
A motion was made by Vice Chairman Price and seconded by Board Member Denny to
recommend approval to the City Council changing the Future Land Use Map from “C-1
Commercial” to “R-2 Residential” for the Harbor Heights Townhouses. The motion carried
unanimously.
Planning & Zoning
Meeting Minutes
Page 3
A motion was made by Board Member Gentilquore and seconded by Board Member Denny to
recommend approval to the City Council changing the Rezoning from C-1 Low Density
Commercial to City R-2 Medium Density Residential for the Harbor Heights Townhouses. The
motion carried unanimously.
A motion was made by Board Member Denny and seconded by Vice Chairman Price to
recommend approval to the City Council changing the Future Land Use Map from “C-1
Commercial” to “R-2 Residential” for 8801, 8803, and 8805 Sea Shell Lane and 8804 N.
Atlantic Avenue. The motion carried unanimously.
A motion was made by Board Member Gentilquore and seconded by Board Member Denny to
recommend approval to the City Council changing the Rezoning from C-1 Low Density
Commercial to City R-2 Medium Density Residential for 8801, 8803, and 8805 Sea Shell Lane
and 8804 N. Atlantic Avenue. The motion carried unanimously.
Mr. Dickey discussed “Mixed-use” with the Board. Mixed-use is a concept that
a mix of uses, usually on a single parcel irst floor retail
. . The challenge in Cape
Canaveral is that our codes don’t necessarily facilitate mixed-use. There are documents that
govern how develop. The Comprehensive Plan which
requirements of ,
. The Plan takes precedent anytime there’s a conflict
allows for ixed-useMr. Dickey shared
some photos showing examples of large and small-scale ixed-se projects.
Mr. Dickey explained that
orth side of Center Street.
Planning & Zoning
Meeting Minutes
Page 4
The next meeting will be scheduled for August 3, 2022, at 6 PM.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT
A motion was made by Vice Chairman Price and seconded by Chairman Russell to adjourn. The
meeting adjourned at 7:15 PM.
Approved on this ______________________________ day of ______________________________, 2022
______________________________________________
Lamar Russell, Chairman
_______________________________________________
Patti Roth, Board Secretary
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
August 3, 2022REGULAR MEETING · ITEM #
Subject: Ordinance No. XX-2022; amending the City’s Sign Code related to feather flags.
Summary: At its June 15, 2021 Regular Meeting, City Council approved Resolution No. 2021-06,
which repealed Resolution No. 2020-09 which previously declared a Civil Emergency related to
COVID-19 (Emergency). One of the results of this action was to rescind the authorization on the
temporary use of feather flags and snipe signs by City businesses during the Emergency.
However, at its July 20, 2021 Regular Meeting, the Council further discussed a need for the
continued use of feather flags which led to the approval of Resolution No. 2021-10 (Attachment 1)
which temporarily suspended the prohibition on the use of feather flags for property zoned C-1, C-
2, and M-1. In addition, the Resolution requested that the City’s Planning and Zoning Board (Board)
make a recommendation to the Council regarding whether or not to modify the City’s sign code to
allow for the use of feather flags on a permanent basis.
Until such time the Council may adopt regulations for the permanent use of feather flags,
Resolution No. 2021-10 also promulgated the following conditions for the temporary use of feather
flags:
In addition to the temporary on-premises signs permitted under Section 94-76 of the City
Code, one temporary on-premises feather flag is allowed for every 150 linear feet of
property frontage, or portion thereof unless additional signage in authorized and required
by state or federal law. Individual tenant spaces occupied by a business located on a
property shall be permitted one such feather flag for each separate business, regardless of
the linear feet of property frontage so that each business operating in separate space on
the property is afforded an equal opportunity to install one feather flag. Feather flags must
also comply with the following:
1.Shall only be displayed during the operational hours of the subject business, and shall be
removed and installed inside a building when the business is not in operation.
2.Shall be structurally secured or weighted to resist movement while on display.
3.Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas.
4.Minimums setbacks for any part of the temporary feather flag structure shall be a
minimum of two feet from any right-of-way.
5.No part of any temporary feather flag shall be placed within the right-of-way or within
the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic
safety. No part of any temporary feather flag shall be located so as to reduce any required
parking area. No part of any temporary feather flag shall be located in such a way that it
restricts a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary
feather flags shall be removed and brought inside a building when there are storm
warnings so as not to become a hazard during a storm event.
6.Shall be freestanding and shall not rely on any support that is nor a part of the feather
flag.
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 2 of 2
At its January 26, 2022 Meeting, the Board considered a draft ordinance to permit feather flags. The
Board decided not to take action on the draft ordinance and directed Staff to revise the draft
ordinance to reflect input provided at the meeting. To this end, the City Attorney has prepared
three (3) draft ordinances that provide various approaches as described below:
1.Option 1 - this option allows feather flags similar to all other signs. It creates a new definition
of feather flags and removes it from the “banner” definition.
2.Option 2 - this option allows feather flags as a temporary on premise sign. It creates a
section of Code applicable to feather flags as a temporary use (see Sec. 94-86). It creates a
new definition of feather flags and removes it from the “banner” definition.
3.Option 3 - this option places feather flags in the prohibited sign list (see Sec. 94-6). It creates
a new definition of feather flags and removes it from the “banner” definition.
Attachments:
Attachment 1 – Resolution 2021-10
Attachment 2 – Draft Ordinance – Option 1
Attachment 3 – Draft Ordinance – Option 2
Attachment 4 – Draft Ordinance – Option 3
Community and Economic Development Staff recommend the Board take the following
action: Provide a recommendation on which of the three (3) draft ordinances to present to the City
Council.
Approved by Director:David Dickey Date:
OPTION 1 ALLOWED LIKE REGULAR SIGN
1 ORDINANCE NO. ____-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, SIGN CODE
5 RELATED TO FEATHER SIGNS; PROVIDING FOR THE REPEAL OF
6 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
7 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
12 law; and
13
14 WHEREAS, Chapter 94 of the City Code sets forth detailed regulations regarding signs;
15 and
16
17 WHEREAS, the City Council desires to expressly authorize feather flags as a permitted
18 type of sign under the terms and conditions stated herein in an attempt to strike an appropriate
19 balance within the City of Cape Canaveral between economic development and mitigating against
20 adverse impacts on community aesthetics caused by sign clutter, traffic hazards and other
21 potential public nuisances; and
22
23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
25 Cape Canaveral.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
30 this reference as legislative findings and the intent and purpose of the City Council of the City of
31 Cape Canaveral.
32
33 Section 2. Amending Chapter 94 - Signs. The City of Cape Canaveral Code of
34 Ordinances, Chapter 94 Signs is hereby amended as set forth below (underlined type indicates
35 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
36 of said Chapter that shall remain unchanged in the City Code):
37
38
CHAPTER 94 - SIGNS
39
City of Cape Canaveral
Ordinance No. ___-2022
Page 1 of 6
OPTION 1 ALLOWED LIKE REGULAR SIGN
1 ARTICLE I. IN GENERAL
2
3 Sec. 94-1. - Definitions.
4
5 The following words, terms and phrases, when used in this chapter, shall have the meanings
6 ascribed to them in this section, except where the context clearly indicates a different meaning:
7
8 ***
9 Banner sign means any sign having the characters, letters, illustrations or ornamentation
10 applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
11 signs, flags and pennants (which do not comply with the definition of flag or pennant under this
12 chapter) but excluding government flags for the purposes of this chapter, designated to attract
13 attention.
14
15 ***
16 Feather Sign means a vertical portable sign made from tear-resistant polyester material or
17 a similar lightweight non-rigid material which does not rely on a building or fixed foundation for
18 its structural support and is typically supported with a base or stand on the ground and driven
19 into the ground for support, and can be easily carried or transported. This definition does not
20 include a banner sign.
21
22 ***
23 Sec. 94-6. Prohibited signs and features.
24
25 The following signs and features are strictly prohibited:
26 ***
27 (gg) Feather signs except as authorized by section 94-86.
28
29 ***
30
31
32
33
34
35
36
Table 94-96-1 District Restrictions
Type of R-1R-2R-3C-1, C-2 & M-Pub/Rec
Sign 1
Temporary Per section Per section Per section Per section Per section
On-94-76 94-76 94-76 94-76 94-76
City of Cape Canaveral
Ordinance No. ___-2022
Page 2 of 6
OPTION 1ALLOWED LIKE REGULAR SIGN
Premises
Sign
Temporary Per section Per section Per section Per section Per section
Off-94-81 94-81 94-81 94-81 94-76
Premises
Max. area 6 s.f. 6 s.f. 6 s.f. 32 s.f. 32 s.f.
Sign
Max. 4' 4' 4' 8' 8'
height
Home Max. no. 1 1 1 1 N/A
Occupation
Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. N/A
Ground Max. no. Prohibited 1 per street 1 per street 1 per street 1 per street
frontage/per frontage/per frontage frontage/per
access access access
entrance; entrance; entrance;
max. 2 signs max. 2 signs max. 2 signs
Max area 32 s.f. 32 s.f. One s.f. per One s.f. per
linear ft. of linear ft. of
property property
frontage up frontage up
to a max. of to a max. of
150 s.f. 150 s.f.
Max. 8' 8' 20' 20'
height
Max. 25' 25' 25' 25'
width
Wall Max. no. Prohibited 1 1 2 per 2 per
storefront or structure
structure,
provided
each
structure is a
separate
business
Max. area One s.f. per One s.f. per Parallel to Parallel to
linear foot linear foot street, 15% of street, 15% of
of building of building wall height wall height
wall that the wall that the (x) wall width (x) wall width
sign is on sign is on of wall that of wall that
sign is sign is
located on; located on;
max. 160 s.f. max. 160 s.f.
Perpendicular Perpendicular
to street, to street,
15% of wall 15% of wall
City of Cape Canaveral
Ordinance No. ___-2022
Page 3 of 6
OPTION 1 ALLOWED LIKE REGULAR SIGN
height (x) height (x)
wall width of wall width of
wall that sign wall that sign
is located on; is located on;
max. 128 s.f. max. 128 s.f.
Electronic Max. no. n/a n/a n/a Per section Per section
Signs 94-78 94-78
Max. area. n/a n/a n/a 32 sq. ft. 32 sq. ft.
Wall Mural Prohibited Prohibited Prohibited Prohibited Prohibited
unless unless unless unless
approved approved approved per approved per
per section per section section 94-section 94-
94-6(g) 94-6(g) 6(g) 6(g)
Feather Prohibited Prohibited Prohibited Per sec. 94-Per sec. 94-
sign 86 86
1
2 ***
3 Sec. 94-86 Feather Signs.
4
5 Feather signs approved under this chapter must comply with the following requirements:
6 (1)Shall be limited to one (1) feather sign for every 150 linear feet of property frontage, or
7 portion thereof unless additional signage is authorized and required by state or federal
8 law. Individual tenant spaces occupied by a separate and independent business located
9 on a property shall be permitted one such feather sign for each business, regardless of the
10 linear feet of property frontage so that each business operating in separate space on the
11 property is afforded an equal opportunity to install one feather sign.
12 (2)Shall not exceed one sign area per mounting pole that is no greater than twelve (12) square
13 feet in area and shall not exceed eight (8) feet in height from grade.
14 (3)Shall only be displayed during the operational hours of the subject business or event, and
15 shall be removed and installed inside a building when the business or event is not in
16 operation.
17 (4)Shall be securely attached to a free standing and removable mounting pole designed to
18 specifically hold the feather sign and which is substantially secured to the ground and
19 weighted to resist movement while the feather sign is on display.
20 (5)Shall not encroach into vehicular circulation areas or be located so as to reduce parking
21 areas.
22 (6)Minimum setbacks for any part of the feather sign structure shall be a minimum of five (5)
23 feet from any right-of-way.
24 (7)Shall not be placed closer than twenty (20) feet to another feather sign or freestanding
25 monument sign.
26 (8)Shall not interfere with or obstruct the visibility of a traffic control device.
City of Cape Canaveral
Ordinance No. ___-2022
Page 4 of 6
OPTION 1 ALLOWED LIKE REGULAR SIGN
1 (9)Shall not be placed within the right-of-way or within the visibility triangle or in any way
2 which impedes pedestrian and/or vehicular traffic safety..
3 (10)Shall not restrict or obstruct a pedestrian way and/or sidewalk.
4 (11)Shall be removed and brought inside a building when there are storm warnings so as not
5 to become a hazard during a storm event.
6 (12)The use of consistent size and shape of a feather sign is required when more than one
7 sign is permitted on a particular property.
8 {Ļĭƭ͵ ВЍΏБАЏВЍΏВЎ͵ wĻƭĻƩǝĻķ͵
9
10 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
11 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
12 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
13
14 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
15 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
16 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
17 and like errors may be corrected and additions, alterations, and omissions, not affecting the
18 construction or meaning of this ordinance and the City Code may be freely made.
19
20 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
21 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
22 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
23 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
24 the validity of the remaining portions of this Ordinance.
25
26 Section 6. Effective Date. This Ordinance shall become effective immediately upon
27 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
28 Charter.
29
30 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
31 of ______________, 2022.
32
33 _______________________________
34 Wes Morrison, Mayor
35
36 ATTEST:
37
38 For Against
39 ___________________________________
40 Mia Goforth, CMC Kim Davis _______ _______
City of Cape Canaveral
Ordinance No. ___-2022
Page 5 of 6
OPTION 1 ALLOWED LIKE REGULAR SIGN
1 City Clerk
2 Mickie Kellum _______ _______
3
4 Wes Morrison _______ _______
5
6 Angela Raymond _______ _______
7
8 Don Willis _______ _______
9
10 Planning & Zoning Board: _______________
11 First Reading: ________________
12 Advertisement: _______________
13 Second Reading: ______________
14
15 Approved as to legal form and sufficiency
16 for the City of Cape Canaveral only by:
17
18 __________________________________________
19 Anthony A. Garganese, City Attorney
20
City of Cape Canaveral
Ordinance No. ___-2022
Page 6 of 6
OPTION 2 Temporary On-Premise Sign
1 ORDINANCE NO. ____-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, SIGN CODE
5 RELATED TO FEATHER SIGNS; PROVIDING FOR THE REPEAL OF
6 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
7 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
12 law; and
13
14 WHEREAS, Chapter 94 of the City Code sets forth detailed regulations regarding signs;
15 and
16
17 WHEREAS, the City Council desires to expressly authorize feather flags as a permitted
18 type of sign under the terms and conditions stated herein in an attempt to strike an appropriate
19 balance within the City of Cape Canaveral between economic development and mitigating against
20 adverse impacts on community aesthetics caused by sign clutter, traffic hazards and other
21 potential public nuisances; and
22
23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
25 Cape Canaveral.
26
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
30 this reference as legislative findings and the intent and purpose of the City Council of the City of
31 Cape Canaveral.
32
33 Section 2. Amending Chapter 94 - Signs. The City of Cape Canaveral Code of
34 Ordinances, Chapter 94 Signs is hereby amended as set forth below (underlined type indicates
35 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
36 of said Chapter that shall remain unchanged in the City Code):
37
38
CHAPTER 94 - SIGNS
39
City of Cape Canaveral
Ordinance No. ___-2022
Page 1 of 7
OPTION 2 Temporary On-Premise Sign
1 ARTICLE I. IN GENERAL
2
3 Sec. 94-1. - Definitions.
4
5 The following words, terms and phrases, when used in this chapter, shall have the meanings
6 ascribed to them in this section, except where the context clearly indicates a different meaning:
7
8 ***
9 Banner sign means any sign having the characters, letters, illustrations or ornamentation
10 applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
11 signs, flags and pennants (which do not comply with the definition of flag or pennant under this
12 chapter) but excluding government flags for the purposes of this chapter, designated to attract
13 attention.
14 ***
15 Feather Sign means a vertical portable sign made from tear-resistant polyester material or
16 a similar lightweight non-rigid material which does not rely on a building or fixed foundation for
17 its structural support and is typically supported with a base or stand on the ground and driven
18 into the ground for support, and can be easily carried or transported. This definition does not
19 include a banner sign.
20
21 ***
22 Sec. 94-6. Prohibited signs and features.
23
24 The following signs and features are strictly prohibited:
25 ***
26 (gg) Feather signs except as authorized by sections 94-76 and 94-86.
27
28 ***
29
30
31 Sec. 94-76. Temporary on-premises signs.
32 (1)Temporary on-premise signs must comply with the temporary signage table below.
On-Premises Temporary Signage Table
Type and Use Conditions
Temporary sign - in general a, b, c, d, e, f, g, h, i, j
City of Cape Canaveral
Ordinance No. ___-2022
Page 2 of 7
OPTION 2 Temporary On-Premise Sign
Temporary signage on gubernatorial, presidential, county, city, and c, d, e, f, g, h, i, j, k
any state and federal primary Election Day and during the 30 days
prior to and five days after the Election Day
Banner Sign e, g, h, l
Bag Sign a, e, m
Sandwich Board e, g, h, i, j, n
Feather Flags Per Sec. 94-86 only
1
2 (2)The following conditions shall apply to any temporary sign unless otherwise provided in the
3 temporary signage table set forth above:
4 a.The temporary signage shall: (i) not be posted more than 14 days prior to the
5 commencement of the scheduled event or occurrence, unless a sooner time period is
6 required by law, and (ii) be removed when the sign has fulfilled its purpose (e.g., the
7 scheduled event or occurrence has concluded).
8 b.One temporary sign is allowed for every 150 linear feet of property frontage, or
9 portion thereof unless additional signage is authorized and required by state or
10 federal law. Individual tenant spaces shall be permitted one temporary sign for each
11 tenant space or unit, regardless of property frontage.
12 c.On residential property, no temporary sign shall exceed six square feet.
13 d.On nonresidential property, no temporary sign shall exceed 32 square feet.
14 e.The temporary sign may be double-faced (back-to-back) and only one side of a
15 double-faced sign shall be counted for sign area calculations.
16 f.The maximum height shall be four feet on residential property, or eight feet on any
17 non-residential property.
18 g.Minimum setbacks for any part of the temporary sign structure shall be a minimum of
19 two feet from any right-of-way.
20 h.No part of any temporary sign shall be placed within the right-of-way or within the
21 visibility triangle or in any way which impedes pedestrian and/or vehicular traffic
22 safety. No part of any temporary sign shall be located so as to reduce any required
23 parking area. No part of any temporary sign shall be located in such a way that it
24 restricts a pedestrian way and/or sidewalk to less than 44 inches in width. Temporary
City of Cape Canaveral
Ordinance No. ___-2022
Page 3 of 7
OPTION 2 Temporary On-Premise Sign
1 signs shall be removed and brought inside a building when there are storm warnings
2 so as not to become a hazard during a storm event
3 i.Shall be freestanding and shall not rely on any support that is not a part of the sign.
4 j.The temporary sign shall be constructed of sturdy material such as wood, hard plastic,
5 vinyl, hardboard or particle board of sufficient thickness so as to withstand the
6 weather elements commonly experienced within the city. Cardboard and paper-faced
7 temporary signs are strictly prohibited unless they are safely fastened, in their entirety,
8 to a backing made of material set forth in this section.
9 k.With property owner's consent, during gubernatorial, primary, presidential, county and
10 city election years, temporary signs may be placed on Election Day and during the 30
11 days prior to and five days after the Election Day.
12 l.A maximum of one banner sign may be erected on nonresidential property not to
13 exceed 96 square feet, and on residential property not to exceed 12 square feet. A
14 banner sign may be erected for a maximum of 30 consecutive days on nonresidential
15 property and a maximum of 14 consecutive days on residential property one time
16 during any calendar year. A banner sign must be securely fastened in a manner to
17 withstand weather elements commonly experienced in the city.
18 m.Bag signs shall be allowed for 180 days when the copy area of an existing ground sign
19 has been damaged and is awaiting repair, when the business has vacated the property
20 or when the copy area is being replaced to accommodate a new or renamed business.
21 The administrator may grant an extension of time for good cause shown provided any
22 extension shall not exceed 180 calendar days.
23 n.Sandwich boards: One sandwich board is allowed for each business located in the C1,
24 C2 and M1 zoning districts. Sandwich boards must comply with the following
25 requirements:
26 (1)Shall not exceed five feet overall height.
27 (2)Shall not exceed 12 square feet in area.
28 (3)Shall not be displayed from dusk to daybreak.
29 (4)Shall be substantially secured or weighted to resist movement while on display.
30 (5)Shall not encroach into vehicular circulation areas or be located so as to reduce
31 parking areas.
32
33
34
City of Cape Canaveral
Ordinance No. ___-2022
Page 4 of 7
OPTION 2 Temporary On-Premise Sign
1 ***
2 Sec. 94-86 Feather Signs.
3
4 Feather signs approved under this chapter must comply with the following requirements:
5 (1)May be erected for a maximum of 30 consecutive days on nonresidential property one
6 time during any calendar year upon issuance of a permit by the city.
7 (2)Shall be limited to one (1) feather sign for every 150 linear feet of property frontage, or
8 portion thereof unless additional signage is authorized and required by state or federal
9 law. Individual tenant spaces occupied by a separate and independent business located
10 on a property shall be permitted one such feather sign for each business, regardless of the
11 linear feet of property frontage so that each business operating in separate space on the
12 property is afforded an equal opportunity to install one feather sign.
13 (3)Shall not exceed one sign area per mounting pole that is no greater than twelve (12) square
14 feet in area and shall not exceed eight (8) feet in height from grade.
15 (4)Shall only be displayed during the operational hours of the subject business or event, and
16 shall be removed and installed inside a building when the business or event is not in
17 operation.
18 (5)Shall be securely attached to a free standing and removable mounting pole designed to
19 specifically hold the feather sign and which is substantially secured to the ground and
20 weighted to resist movement while the feather sign is on display.
21 (6)Shall not encroach into vehicular circulation areas or be located so as to reduce parking
22 areas.
23 (7)Minimum setbacks for any part of the feather sign structure shall be a minimum of five (5)
24 feet from any right-of-way.
25 (8)Shall not be placed closer than twenty (20) feet to another feather sign or freestanding
26 monument sign.
27 (9)Shall not interfere with or obstruct the visibility of a traffic control device.
28 (10)Shall not be placed within the right-of-way or within the visibility triangle or in any way
29 which impedes pedestrian and/or vehicular traffic safety..
30 (11)Shall not restrict or obstruct a pedestrian way and/or sidewalk.
31 (12)Shall be removed and brought inside a building when there are storm warnings so as not
32 to become a hazard during a storm event.
33 (13)The use of consistent size and shape of a feather sign is required when more than one
34 sign is permitted on a particular property.
35 Secs. 94-87694-95. Reserved.
36
37 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
38 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
39 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No. ___-2022
Page 5 of 7
OPTION 2 Temporary On-Premise Sign
1
2 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
3 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
4 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
5 and like errors may be corrected and additions, alterations, and omissions, not affecting the
6 construction or meaning of this ordinance and the City Code may be freely made.
7
8 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
10 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
12 the validity of the remaining portions of this Ordinance.
13
14 Section 6. Effective Date. This Ordinance shall become effective immediately upon
15 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
16 Charter.
17
18 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
19 of ______________, 2022.
20
21 _______________________________
22 Wes Morrison, Mayor
23
24 ATTEST:
25
26 For Against
27 ___________________________________
28 Mia Goforth, CMC Kim Davis _______ _______
29 City Clerk
30 Mickie Kellum _______ _______
31
32 Wes Morrison _______ _______
33
34 Angela Raymond _______ _______
35
36 Don Willis _______ _______
37
38 Planning & Zoning Board: _______________
39 First Reading: ________________
40 Advertisement: _______________
41 Second Reading: ______________
City of Cape Canaveral
Ordinance No. ___-2022
Page 6 of 7
OPTION 2 Temporary On-Premise Sign
1
2 Approved as to legal form and sufficiency
3 for the City of Cape Canaveral only by:
4
5 __________________________________________
6 Anthony A. Garganese, City Attorney
7
City of Cape Canaveral
Ordinance No. ___-2022
Page 7 of 7
OPTION 3 Prohibited Sign
1 ORDINANCE NO. ____-2022
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, SIGN CODE
5 RELATED TO FEATHER SIGNS; PROVIDING FOR THE REPEAL OF
6 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
7 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
12 law; and
13
14 WHEREAS, Chapter 94 of the City Code sets forth detailed regulations regarding signs;
15 and
16
17 WHEREAS, the City Council desires to expressly prohibit feather flags in an attempt to
18 mitigate against adverse impacts on community aesthetics caused by sign clutter, traffic hazards
19 and other potential public nuisances; 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. Amending Chapter 94 - Signs. The City of Cape Canaveral Code of
32 Ordinances, Chapter 94 Signs is hereby amended as set forth below (underlined type indicates
33 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
34 of said Chapter that shall remain unchanged in the City Code):
35
36
CHAPTER 94 - SIGNS
37
38 ARTICLE I. IN GENERAL
39
City of Cape Canaveral
Ordinance No. ___-2022
Page 1 of 3
OPTION 3 Prohibited Sign
1 Sec. 94-1. - Definitions.
2
3 The following words, terms and phrases, when used in this chapter, shall have the meanings
4 ascribed to them in this section, except where the context clearly indicates a different meaning:
5
6 ***
7 Banner sign means any sign having the characters, letters, illustrations or ornamentation
8 applied to cloth, paper or fabric including animated, rotating and/or fluttering devices, feather
9 signs, flags and pennants (which do not comply with the definition of flag or pennant under this
10 chapter) but excluding government flags for the purposes of this chapter, designated to attract
11 attention.
12 ***
13 Feather Sign means a vertical portable sign made from tear-resistant polyester material or
14 a similar lightweight non-rigid material which does not rely on a building or fixed foundation for
15 its structural support and is typically supported with a base or stand on the ground and driven
16 into the ground for support, and can be easily carried or transported. This definition does not
17 include a banner sign.
18
19 ***
20 Sec. 94-6. Prohibited signs and features.
21
22 The following signs and features are strictly prohibited:
23 ***
24 (gg) Feather signs.
25
26 ***
27
28
29 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
30 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
31 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
32
33 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
34 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
35 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
36 and like errors may be corrected and additions, alterations, and omissions, not affecting the
37 construction or meaning of this ordinance and the City Code may be freely made.
38
39 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
41 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
City of Cape Canaveral
Ordinance No. ___-2022
Page 2 of 3
OPTION 3 Prohibited Sign
1 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
2 the validity of the remaining portions of this Ordinance.
3
4 Section 6. Effective Date. This Ordinance shall become effective immediately upon
5 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
6 Charter.
7
8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
9 of ______________, 2022.
10
11 _______________________________
12 Wes Morrison, Mayor
13
14 ATTEST:
15
16 For Against
17 ___________________________________
18 Mia Goforth, CMC Kim Davis _______ _______
19 City Clerk
20 Mickie Kellum _______ _______
21
22 Wes Morrison _______ _______
23
24 Angela Raymond _______ _______
25
26 Don Willis _______ _______
27
28 Planning & Zoning Board: _______________
29 First Reading: ________________
30 Advertisement: _______________
31 Second Reading: ______________
32
33 Approved as to legal form and sufficiency
34 for the City of Cape Canaveral only by:
35
36 __________________________________________
37 Anthony A. Garganese, City Attorney
38
City of Cape Canaveral
Ordinance No. ___-2022
Page 3 of 3
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
August 3, 2022REGULAR MEETING · ITEM #
Subject: Preliminaryand FinalPlat Approval – Beach Oaks Subdivision (Parcel #24-37-23-CG-13-
4)
Summary:The applicant is requesting Preliminary and Final Plat approval for the Beach Oaks
Subdivision located on Parcel #24-37-23-CG-13-4 (Attachment 1), which is located on the 100 Block
of Jefferson Avenue. The request proposes to plat the parcel into three (3) lots.
In summary, the request is for Preliminary and Final Plat approval (Attachment2). Typically, these
approvals are processed separately, however, since the subdivision only includes three (3) lots, is
under common ownership, and there are no public improvements, Preliminary and Final Plat
approval has been combined to streamline the process.
The parcel consists of .647-acres and is zoned R-2. The proposed lots are consistent with
requirements of the R-2 district and allow for land use consistent with the City Comprehensive Plan.
The parcel is located in a Flood Zone X, which indicates an area outside of the 500-year flood zone.
On May 10, 2022, Mike Allen, the City’s Reviewing Surveyor, indicated that the proposed plat meets
minimum State platting requirements as established in Chapter 177, Florida Statutes. The lots are
accessed by Jefferson and Poinsetta Avenues, which operate at an acceptable level-of-service.
Water and wastewater infrastructure is adjacent to the proposed lots and have available capacity.
The proposed single-family residential uses represent a continuation of the development pattern
in the general area, as there exists single, multi-family, and townhouse uses in the immediate area.
Chapter 98, Article II of the City Code spells out the process by which the City will review and
approve Preliminary/Final Plat. In general, the process consists of three steps: 1-staff conducts a
pre-application meeting with the applicant to determine if the application is adequate; 2-the
Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed
Preliminary Plat; and, 3-the City Council holds a public hearing and takes final action on the request.
Consistent with City Code, a pre-application conference was held on March 30, 2021, to discuss the
project and the requirements of the City’s zoning and platting processes.
Article II of Chapter 98 of the City Code establishes required information for application of
Preliminary and Final Plat approval. Additionally, Staff has reviewed the submittal for consistency
with Sec. 98-61 of City Code, which lists the general criteria that must be satisfied for plat approval,
including:
1.The application is in compliance with the provisions of this article and applicable law.
2.The application is consistent with the City's comprehensive plan.
3.The application does not create any lots, tracts of land or developments that do not conform
to the City Code.
4.The application provides for proper ingress and egress through a public or approved private
street or perpetual cross access easements.
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 2 of 2
5.The application is compatible and in harmony with the surrounding neighborhood including
with respect to the size of existing surrounding lots and development trends in the
neighborhood which have been previously approved by the city council.
6.The application does not create burdensome congestion on the streets and highways.
7.The application promotes the orderly layout and use of land.
8.The application provides for adequate light and air.
9.The application does not create overcrowding of land.
10.The application does not pose any significant harm to the adequate and economical
provision of water, sewer and other public services.
The City Attorney has reviewed the submitted Property Information Report from Old Republic
National Title Insurance Company (Attachment 3) for any liens and to verify that the ownership is
consistent with the dedicatory language on the plat.
As of July 20, 2022, the Applicant is working with the City Engineer to address several remaining
items.
Attachments:
1 - Location Map
2 - Plat Application
3 - Property Information Report – May 8, 2022
4 - Preliminary and Final Plat
Community and Economic Development Staff recommend the Board take the following
action: Recommend approval of Preliminary and Final Plat of the Beach Oaks Subdivision to the
City Council, subject to approval by the City Engineer.
Approved by Director:David Dickey Date:
CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL
PLAT APPLICATION PACKET
Application Fee Sheet & Payment Receipt
Date:
KfggfstpoQpjotfuubTvcejwjtjpo
ProjectName:
Application Submittal Fees
Residential .............................................................................................................. Total # of Units
1, 2 or 3 units = $37.50 .......................................................................................................................$
4 units = $50.00 .....................................................................................................................................$
More than 4 units; add $7.50 per unit (not to exceed $500.00)
# of units over 4 X $7.50 ................................................................................................................ = $
Total Residential: ............................................................................................................................... = $
Commercial ................................................................................................................ $150.00 per acre or portion thereof
acre(s) X $150.00 per acre: = $
Total Application Fee ............................................................................................................... = $
Deposit toward Review Fees
Residential:
1 – 4 units ............................................................................................................................................................................
$700.00
4 – 50 units ..........................................................................................................................................................................
$1,800.00
More than 50 units or Hotel/Motel ........................................................................................................................... $2,800.00
Commercial:
Up to 4 acres ...................................................................................................................................................................... $1,800.00
4 – 8 acres ............................................................................................................................................................................
$2,300.00
More than 8 acres ............................................................................................................................................................ Review
fee to be established after pre-application meeting based on hourly rates estimated in Exhibit A of City
Engineer contract.
1/76bdsft
Total acres:
For City Use Only (Escrow Account)
Total Review Deposit Received: $
Total Plat Submittal Fee Rec’d: $ Paid Receipt No:
Date Rec’d:
City of Cape Canaveral Preliminary Plat Application pg. 5
CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
August 3, 2022REGULAR MEETING · ITEM #
Subject: Recommendation for Site Plan Approval for a Hyatt Place Hotel located at 9009 Astronaut
Boulevard on Parcel #24-37-15-00-252.
Summary:This request is for Site Plan Approval for a proposed Hyatt PlaceHotel located at 9009
Astronaut Boulevard on Parcel #24-37-15-00-252(Attachment 1). The parcel is within the A1A
Economic Opportunity Overlay District (District) and is zoned C-1. Hotels are a permitted use in this
zoning district.
The application (Attachment 2) includes a site plan showinga 6-story hotel with associated
improvements on a 7.17-acre parcel. The project area is 2.79-acres. The site also includes a 154-
room Country Inn and Suites hotel. The proposed structure is 65 feet in height and includes 150
rooms. The building footprint is 15,252 square feet. The project meets all of the dimensional
requirements of the C-1 and A1A Economic Opportunity Overlay districts (page C-101 of
Attachment 3).
The project area is located in Flood Zone X, which indicates that the area is outside the 100-year
flood zone. There are no jurisdictional wetlands within the project area. Maximum impervious area
allowed in the A1A Economic Opportunity Overlay District shall not exceed 80 percent. The project,
as designed, includes approximately 75 percent impervious surface.
As required by Section 110-221(1) of the City Code, any new commercial development must submit
an application for Site Plan Approval and be approved prior to its construction. Section 110-223
establishes the process that must be followed. In general, the application is first reviewed by the
various City review departments to determine its consistency with applicable rules and regulations.
The application is then considered by the Planning and Zoning Board and a written
recommendation is forwarded to the CD Director for a final decision.
Section 110-222 of the City Code establishes criteria that must be addressed by the Site Plan
Application package. Attached is a Site Plan Checklist (see Attachment 2) that inventories the
submittal’s consistency with these criteria.
Sections 110-567 and 110-686 and 687 of the City Code establishes landscaping requirements that
the project is required to meet. Notably, standards for tree planting throughout the parking area
and around the perimeter of the project. The landscaping plan and landscaping irrigation plan are
shown in the site plan set (pages L-1 thru L-4 of Attachment 3), and indicate compliance with
required standards.
City Code requires 163 parking spaces to serve the proposed number of rooms and employees. The
project area includes 157 spaces and 6 handicap spaces for a total of 163 spaces. Access to the site
is provided by a driveway onto Astronaut Boulevard. Note that sufficient parking on the property
remains to adequately serve the Country Inn and Suites hotel as well (page C-101 of Attachment
3).
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 2 of 4
A traffic analysis for the project was completed in Februaryof 2021 by Traffic Planning and Design
consultants. According to the report, the hotel is projected to generate 1,267 daily trips at build-
out, of which 87 will occur in the in PM peak hour. The report indicates that the analyzed road
segments and intersections will continue to operate at or above adopted level-of-service standards
at build-out. Furthermore, there will be no geometric improvements at the driveway connection
with Astronaut Boulevard as a result of the project (see Attachment 4).
As the property is located within the EOOD, the project will need to meet certain architectural/site
design guidelines applicable to development within this area. Notably:
Sec. 110-623. - Building orientation. Buildings shall be oriented towards A1A, N. Atlantic
Avenue and Central Boulevard as well as adjacent cross-streets in order to encourage pedestrian
activity along the sidewalks of A1A, N. Atlantic Avenue and Central Boulevard and to facilitate
pedestrian access to and from the sidewalk to adjacent properties.
Sec. 110-629. - On-site circulation.
(1)
Provide easy sidewalk access for pedestrians by locating vehicle access and loading
areas where there will be minimal physical or visual impact on pedestrians, the flow of
traffic, and/or adjacent uses.
a.All vehicular entrances shall, to the maximum extent possible, be located off of a
side street or an alley in order to minimize pedestrian and vehicular conflicts.
b.Walkways for pedestrian access shall be provided between parking areas and the
project.
c.Passenger loading zones located on the street shall not impede foot traffic or
sidewalks.
d.Parking lots and structures shall be designed to provide safe pedestrian circulation
between parked vehicles and the primary building through the use of clearly
marked pedestrian walkways, stop signs, speed bumps, lighting, or other similar
measures.
e.Pedestrian and vehicular connectivity shall be provided between parcels and a
reduction to the need for additional, future curb cuts, and other means of cross
access to adjacent parcels shall be encouraged.
Sec. 110-669. - Surface parking.
(1)Locate surface parking in the rear or side of buildings and provide pedestrian access
from the parking to the building and street. However, due to the nature of certain uses,
the Director of Community Development or designee may approve up to one row of
parking between the front of a building and street.
a.A surface parking lot adjacent to a public street shall conform to the landscape
requirements detailed in Division 6 of this Article.
Sec. 110-689. - Surface parking lots.
(1)Buffer off-street parking adjacent to a public right-of-way or residential buildings or
residential zoned property with a landscaped barrier.
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 3 of 4
a.Interior landscaping for off-street parking shall conform to the requirements of
Section 110-567 of this Code.
b.Minimum landscape buffer width between the right-of-way and the parking or
vehicular access area along A1A, Central Boulevard, and N. Atlantic Avenue shall be
ten feet and five feet along all other streets.
c.A knee wall which is at least 30 inches in height is required when an off-street
parking area is located within 25 feet of the public right-of-way.
d.A continuous landscape berm at an average height of 30 inches from grade may be
permitted in lieu of a required knee wall.
e.A knee wall or berm may be, staggered, meandering or continuous.
f.A knee wall or berm shall not obstruct any safe sight distance triangle.
g.A knee wall shall be compatible with the architectural design, material, and color of
the principal building of the project.
h.Lighting shall not be used to create an attraction, distraction, or commercial signage
intent to the wall or berm.
i.For the purpose of this standard, a mixed-use building which includes residential units
shall not be defined or categorized as a residential building.
Water is provided by the City of Cocoa and the City of Cape Canaveral is the wastewater provider
as indicated on page C-105 of the site plan set. Stormwater will be treated via the existing
stormwater pond west of the project area behind the Country Inn and Suites (see pages C-501 and
502). This pond was designed to accommodate both hotel projects.
As required by Section 110-606, the Community Appearance Board met on January 19, 2022, and
approved a Level II review for the proposed hotel as well as approval to construct to a height not
to exceed 65 feet.
On February 16, 2022, the City Engineer issued review comments regarding the submitted site plan
th
set. Materials were received from Allen Engineering on May 16in response. On June 14, 2022, the
City Engineer - as well as the other review departments - approved the application as amended.
The applicant also submitted a Concurrency Application with the site plan application. This
application was approved as the related public services are in place to serve the project. The only
remaining approval needed is an administrative Site Development Permit and Building Permit.
Although not a specific site plan evaluation criteria, the proposed hotel project will generate the
following construction related revenues for overall City operations:
o Impact Fees – $167,095
Parks and Recreation - $22,732
Library - $12,004
General Govt. - $15,856
Police - $19,242
Fire/Rescue - $3,376
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 4 of 4
Aerial Fire Truck -$9,520
Sewer - $84,365
o Plan Review and Building Permit Fees - $134,000
TOTAL - $301,095
Pursuant to an Interlocal Agreement dated March 6, 1990, the City, on behalf of Brevard County,
collects County Transportation Impact Fees for projects within the City limits. Note that projects
within the City limits are subject to the collection of County Transportation Impact fees. Typically,
these fees are remitted to Brevard County for its use as deemed necessary.
However, the Interlocal provides that the City may request a reallocation of these fees for its use
within the City limits. The City has previously taken advantage of this opportunity when it requested
and received approximately $1.435 million in County Transportation Impact fees generated by the
construction of three (3) hotels built in northern area of the City. Note these fees were used to fund
the construction of the recent Complete Streets project on W. Central and Thurm Boulevards.
Staff anticipates to request a similar reallocation of the County transportation fees associated with
the proposed project (as well as two other hotel projects), which could generate approximately
$412,000 for roadway improvements.
Attachment:
1 - Aerial
2 - Site Plan Application
3 - Site Plan Set
4 - Traffic Analysis - Traffic Planning and Design
Community and Economic Development Staff recommend the Board take the following
action: Recommend approval of the Site Plan for the Hyatt Place Hotel located at 9009 Astronaut
Boulevard.
Approved by Director:David Dickey Date:
CITYOFCAPECANAVERAL
SITEPLANAPPLICATIONPACKET
ApplicationSheet
1-25-22
Date:
Front Lot of 9009 Astronaut Blvd, Cape Canaveral, FL 32920
AddressofRequest:
Hyatt Place
NameofProject(ifapplicable):
See Survey
Legal Description:
Portview Inn & Suites, LLC.
Owner(s)Name:
525 S. Lake Ave, Suite 100, Duluth, MN 55802
Owner(s) Address:
Jon.Rohweder@KaizenDDC.com
Owner(s)Email:
(218) 590-1225
PhoneNumber:
Michael Allen, Allen Engineering, Inc.
NameofArchitect/Engineer:
(321) 783-7443
PhoneNumber:
Kaizen Companies, LLC. by Jon Rohweder, Vice President
Agent/Applicant Name:
(218) 590-1225
PhoneNumber:
Jon.Rohweder@KaizenDDC.com
Email:
Agent/ApplicantSignature:
Pg.2
CityofCapeCanaveral SitePlanApplication-09/2021
CITY OF CAPE CANAVERAL
SITE PLANAPPLICATION PACKET
Site Plan Checklist
The drawing must be sealed and drawn to scale by an appropriately licensed design professional,
no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site
data:
Siteplan information (General):
YesNoN/A
o
Size, height, number of units and location of proposed and existing
structures.
o
Dimensions.
o
Total gross area and percentage devoted to structures, parking and
landscaping.
o
Number of Units.
o
Traffic flow diagram to include total number and size of parking spaces and
loading zones.
o
Density (units per acre).
Location and dimension for the following areas (If applicable):
YesNoN/A
o
Park(s)
o
Canal(s)
o
Waterway(s)
o
Boat slip(s)
o
Parking
o
Swimming pool(s)
5
Driveway(s)
5
Recreation
5
Trash
5
Sidewalks
5
Dune crossover(s)
5
Other (specify) ________________________________________________
5
Type of enclosure for communal trash container(s)
5
Fire alarm and standpipe data
5
Vicinity map
5
Location of planned landscaping
City of Cape Canaveral Site PlanApplication —12/2018 Pg. 4
CITY OF CAPE CANAVERAL
SITE PLANAPPLICATION PACKET
Finished grades for the following:
YesNoN/A
Entire parcel
Finished floors
Streets
Parking lots
Sidewalks
10” of adjoining property
Details, sections, and specifications:
YesNoN/A
Street lights
Water and sewer
Paving and drainage
Curbs
Storm drains
Sidewalks
Engineer’s seal on drawings
Square footage of building areas:
YesNoN/A
Living
Parking
Other (specify) ________________________________________________
Total under roof
Required notes:
YesNoN/A
Sidewalk and sanitary sewers to be constructed to City of
Cape Canaveral standards.
Water lines to conform to City of Cocoa standards.
Fire alarm system to be installed and connect to City of
Cape Canaveral Fire Department standards.
Topographic survey:
YesNoN/A
USC and G.S. datum plane.
Existing street lights.
Storm drainage design calculations.
Coastal construction setback line, where required.
Ten (10) hard copies of the drawings(24” x 36”)must be submitted with the application as well as
in electronic format (.pdf).
City of Cape Canaveral Site PlanApplication —12/2018 Pg. 5
CONSTRUCTION PLANS
Section 15, Township 24 South, Range 37 East - Cape Canaveral, Florida
Quality Performance Since 1963
INDEX OF DRAWINGS
DESCRIPTIONSHEET
CIVIL:
GENERAL NOTESC-001
EXISTING CONDITIONS AND DEMOLITION PLANC-100
PROJECT CONTACTS:
OVERALL SITE PLANC-101
HYATT PLACE SITE AND STRIPING PLANC-102
PAVING AND DRAINAGE PLANC-103
PAVING AND DRAINAGE PLANC-104
WATER AND SEWER PLANC-105
PAVING AND DRAINAGE DETAILSC-501
PAVING AND DRAINAGE DETAILSC-502
SEWER DETAILSC-503
WATER DETAILSC-504
WATER DETAILSC-505
GENERAL STATEMENT:
WATER TECHNICAL PROVISION
C-701
WATER TECHNICAL PROVISION
C-702
WATER TECHNICAL PROVISIONC-703
STORM WATER POLLUTION PREVENTION PLANC-704
SITE ADDRESS:
TRUCK TURN PLANC-705
SURVEY:
BOUNDARY, TOPOGRAPHIC & TREE LOCATION SURVEY1 - 3 OF 3
RECORD DESCRIPTION:
BY OTHERS:
LANDSCAPING PLANSL1 - L4
VICINITY MAP
LIGHTING PLANSSL001 - SL002
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Bmmfo!
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Njdibfm!
FOHJOFFSJOH!JOD-!
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G11119782-!do>Njdibfm!T!Bmmfo!
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.15(11(
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.
GENERAL NOTES, (ALL NOTES MAY NOT APPLY):WATER SYSTEM NOTES, (ALL NOTES MAY NOT APPLY):PAVING AND DRAINAGE NOTES, (ALL NOTES MAY NOT APPLY):
SEWERAGE SYSTEM NOTES, (ALL NOTES MAY NOT APPLY):
SURVEYORS NOTES:
ABBREVIATIONS:
FDOT GENERAL NOTES, (ALL NOTES MAY NOT APPLY):
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-001) 190024 GN.dwg, C-001, 5/12/2022 2:19:55 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
ABBREVIATIONS:
S
I
T
E
LEGEND:
NOTES:
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-100) 190024 EC-DM.dwg, C-100, 5/12/2022 2:21:20 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
SITE INFORMATION:
S
I
T
E
NOTES:
LEGEND
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
OVERALL SITE PLAN
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-101) 190024 OS.dwg, C-101, 5/12/2022 2:23:57 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
S
I
T
E
A
S
S
T
T
A
R
T
O
E
N
A
R
U
O
T
A
D
B
O
A
U
-
1
L
-
E
A
V
A
R
D
LEGEND
NOTES:
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
SITE AND STRIPING PLAN
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE #45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
S
I
T
E
LEGEND
W
SS
NOTES:
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
PAVING AND DRAINAGE PLAN
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-103-104)190024 PD.dwg, C-103, 5/12/2022 2:27:35 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
S
I
T
E
LEGEND
A
S
S
T
T
A
R
T
O
E
N
AR
U
O
T
A
D
B
O
A
U
-
1
L
-
E
A
V
A
R
D
W
SS
NOTES:
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
PAVING AND DRAINAGE PLAN
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-103-104)190024 PD.dwg, C-104, 5/12/2022 2:26:36 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
FIRE FLOW COMPUTATIONS:FIRE PREVENTION NOTES:
S
I
T
E
LOCATION MAP
F
LEGEND
NOTES:
SS
F
W
WW
W
W
WATER LINE EASEMENT DETAIL
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
WATER AND SEWER PLAN
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-105) 190024 WS.dwg, C-105, 5/12/2022 2:29:44 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
TYP. PRECAST MANHOLE DETAIL
DOUBLE - DUMPSTER PAD DETAIL
SILT SCREEN DETAIL
12" CONCRETE RIBBON
MODIFIED TYPE "F" CURB DETAIL
STANDARD PAVEMENT SECTION
CURB AND GUTTER ENDINGS DETAIL
HANDICAP RAMP - DETECTABLE WARNING DETAIL
SIDEWALK RAMP DETAILS
SPECIAL EMPHASIS
CROSS WALK DETAIL
CROSS WALK DETAIL
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
CLEAN OUT DETAILS
ISSUED FOR
REVIEW
SIDEWALK DETAIL
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-501) 190024 D.dwg, C-501, 5/12/2022 2:30:30 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
STOP SIGN R1-1 DETAIL
OUTFALL FLUME DETAIL
SECTION B-B
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
SECTION A-A
ISSUED FOR
REVIEW
DOT R/W PAVEMENT SECTION
ASPHALT PAVEMENT REMOVAL AND REPLACEMENT DETAIL
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE #45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
CLEANOUT IN PAVEMENT DETAIL
TYP. JOINT DETAIL
TYPICAL WATER LINE CROSSING
TYP. REQUIRED SEPERATION FROM SANITARY HAZARDS
FLOW PATTERNS FOR MANHOLE INVERT DETAIL
KAIZEN COMPANIES, INC.
SEWER CONNECTION DETAIL
CAPE CANAVERAL, FLORIDA
ISSUED FOR
REVIEW
MANHOLE FRAME AND COVER DETAIL
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE #45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
NOTES:
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
WATER DETAILS
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-504) 190024 W.dwg, C-504, 5/12/2022 2:32:17 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
FIRE DEPARTMENT
CONNECTION and CV DETAIL
DCDA TESTING OUTLET
AREA CLEAR of LANDSCAPING DETAILTYPICAL PIPE TRENCH SECTION
NOTES:
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
WATER DETAILS
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-505) 190024 W.dwg, C-505, 5/12/2022 2:32:40 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-701) 190024 WTP.dwg, C-701, 5/12/2022 2:33:19 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-702) 190024 WTP.dwg, C-702, 5/12/2022 2:33:58 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-703) 190024 WTP.dwg, C-703, 5/12/2022 2:34:22 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
SITE PLAN
ISSUED FOR
REVIEW
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-704) 190024 SWPPP.dwg, C-704, 5/12/2022 2:40:27 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
FIRE TRUCK TURNING PLANDELIVERY TRUCK TURNING PLAN
REFUSE TRUCK TURNING PLAN
28.877ft Min Radius
(Inner Wheel)
23.297ft Min Radius
(Inner Wheel)
18.467ft Min Radius
(Inner Wheel)
Max Kickout 0.854ft
Max Kickout 0.202ft
Max Kickout 0.189ft
Vehicle Tracking V18.03.859(20191003) (c) Autodesk, Inc. www.Autodesk.com
Vehicle Tracking V18.03.859(20191003) (c) Autodesk, Inc. www.Autodesk.com
Vehicle Tracking V18.03.859(20191003) (c) Autodesk, Inc. www.Autodesk.com
Notes:Title:
NOTES:Title:
NOTES:TITLE:
Turn(s) based upon a design speed of 5.00mph.
TURN(S) BASED UPON A DESIGN SPEED OF 5.00MPH.
30' DELIVERY
TURN(S) BASED UPON A DESIGN SPEED OF 5.00MPH.
75' PIERCE
TRUCK
AERIAL LADDER
FIRE TRUCK
TURNING RADIUS DETAILTURNING RADIUS DETAILTURNING RADIUS DETAIL
KAIZEN COMPANIES, INC.
CAPE CANAVERAL, FLORIDA
ISSUED FOR
TRUCK TURNING PLAN
REVIEW
TRUCK PROFILES
C
COPYRIGHT 2022 ALLEN ENGINEERING, INC.MICHAEL S. ALLEN, P.E.
L:\\Engineering\\DWG\\2019\\190024 Hyatt Place\\Eng Dwgs\\(C-705) 190024 TT.dwg, C-705, 5/12/2022 2:42:04 PM, RBelcik REPRODUCTION IN PART OR WHOLE IS PROHIBITED WITHOUT THE FL. LICENSE
#45798
EXPLICIT WRITTEN PERMISSION FROM ALLEN ENGINEERING, INC.
SITE
LOCATION MAP
ABBREVIATIONS:
RECORD DESCRIPTION:
SURVEYOR'S NOTES:
SURVEYOR'S CERTIFICATION:
KAIZEN COMPANIES, INC.
BOUNDARY, TOPOGRAPHIC & TREE
LOCATION SURVEY
ALLEN ENGINEERING, INC.
ABBREVIATIONS:
KAIZEN COMPANIES, INC.
BOUNDARY, TOPOGRAPHIC & TREE
LOCATION SURVEY
ALLEN ENGINEERING, INC.
ABBREVIATIONS:
KAIZEN COMPANIES, INC.
BOUNDARY, TOPOGRAPHIC & TREE
LOCATION SURVEY
ALLEN ENGINEERING, INC.
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CITY OF
CAPE CANAVERAL
PLANNING AND ZONING (P&Z) BOARD
August 3, 2022REGULAR MEETING · ITEM #
Subject: Consideration of a Lot Split application for parcels located at the eastern terminus of E.
Central Boulevard, where it connects with Ridgewood Avenue (Parcels #24-37-14-51-9-21.01 and
24-37-14-51-9-21.02).
Summary:The applicant is requesting approval ofaLot Split for two parcels located at the eastern
terminus of E. Central Boulevard, where it connects with Ridgewood Avenue (Parcels #24-37-14-
51-9-21.01 and 24-37-14-51-9-21.02) (see Attachment 1). The parcels are zoned R-1. Parcel 1
(northern parcel) is .21 acres, while Parcel 2 (southern parcel) is .18 acres.
The current owner (Mike DiChristopher) purchased the parcels in July of 2018. The parcels were
conveyed via a General Warranty Deed, which listed the two parcels (21.01 and 21.02). When Mr.
DiChristopher approached the City regarding the development on the parcels, Staff determined
that the parcels had not been subdivided consistent with City subdivision requirements. Sec. 98-66
of City Code requires that when a parent tract is divided into exactly two or more parcels, an owner
must submit an application for a lot split. According to reviewed City records, this did not occur.
Staff surmised that a previous owner had subdivided a parent tract into the two parcels that are the
subject of this request.
This situation illustrates the fact that a property owner is able to record a deed with the Brevard
Clerk of Courts subdividing their lots without the knowledge or approval of the City. The point is
that the tax collector and property appraiser control the issuance of tax parcel identification
numbers. On the other hand, cities and counties control the subdivision of land within their
respective jurisdictions for development permit purposes. Furthermore, neither the clerk of the
court, tax collector or property appraiser verify whether a subdivision of land (except for a plat) has
been approved by a host city (or county) before the deed is recorded and the parcels are redefined
for their respective purposes.
This poses a significant challenge for cities and counties from a development permit perspective
because cities and counties are not able to manage all aspects of the division of land within their
jurisdiction. Cities and counties cannot prohibit a property owner from recording a deed or prohibit
the Clerk of Court from recording the deed. As is the case currently before the Board, the City has
to deal with the aftermath of the unauthorized subdivision of land when they first learn about it
after-the-fact at the time a property owner later comes to the city or county seeking a development
permit. In some cases, the property owner seeking the permit is an innocent third party that, like
the city or county, had no idea that the previous property owner subdivided the land without the
proper approval of the city or county and that there is a now a problem with issuing a development
permit.
The City of Cape Canaveral subdivision code has always technically required the division of land
into two or more parcels to be platted. This requirement is more restrictive than the Florida Statutes
which only requires a plat when the division of land involves the creation of three or more
parcels. In 2010, the City adopted an exception to the City’s platting consistent with Florida Statutes
to permit “lot splits,” which are generally a division of land into no more than two parcels. Lot splits
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 2 of 3
are adopted by the City Council by resolution rather than a plat. Notwithstanding, some property
owners in Cape Canaveral, prior to 2010, apparently subdivided their land by recording deeds with
the clerk of the court without notifying the City and following the City’s subdivision requirements
as Staff has not been able to find any records indicating these divisions of land were authorized by
the City.
For this reason, Staff is processing this request as an “after-the-fact” lot split application to review
the recorded parcels against City subdivision and zonings requirements, and to formally recognize
the parcels for City development permit purposes.
The Code establishes the following criteria (Sec. 98-66(b)(4)) that must be considered as part of the
review:
a.The proposed lot split shall in every respect meet the criteria established elsewhere in this
chapter and the city code for the category of zoning and other relevant codes and
applicable law under which the property is zoned. The proposed lot split meets applicable
rules and is consistent with City zoning regulations.
b.The application is consistent with the city's comprehensive plan. The application is
consistent with the applicable sections of the city’s comprehensive plan.
c.The application does not create any lots, tracts of land or developments that do not
conform to the City Code. The proposed lots are consistent with applicable Code sections.
d.The application provides for proper ingress and egress to all affected properties through
a public or approved private street or perpetual cross access easements. Each of the
proposed lots have proper access from either Ridgewood Avenue or W. Central Avenue.
e.The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends in
the neighborhood which have been previously approved by the city council. The
surrounding area is characterized by single and multi-family residential development. The
size of the proposed lots are consistent with existing lots in the immediate area.
f.The application does not create burdensome congestion on the streets and highways. The
proposed lot split will not have an adverse impact on the local road network.
g.The application promotes the orderly layout and use of land. The proposed lot split will
facilitate uses consistent with the surrounding area.
h.The application provides for adequate light and air. The proposed lot split will not have an
adverse impact on the provision of adequate light and air to neighboring properties.
i.The application does not create overcrowding of land. The proposed lot split is consistent
with applicable density standards as contained in city code.
j.The application does not pose any significant harm to the adequate and economical
provision of water, sewer, and other public services. Development associated with the
proposed lot split will be required to apply for and receive approval through the city
concurrency process.
As the request is consistent with applicable regulations, Staff is recommending that the Planning &
Zoning Board make a favorable recommendation to the Council on the Lot Split application.
City of Cape Canaveral P&Z Board
Regular Meeting · August 3, 2022
Agenda Item #
Page 3 of 3
Attachments:
Attachment 1 - Lot Split Application
Attachment 2 – Lot Split Survey
Community and Economic Development Staff recommend the Board take the following
action: Recommend Approval of a Lot Split application to the City Council for parcels #24-37-14-
51-9-21.01 and #24-37-14-51-9-21.02.
Approved by Director: David Dickey Date:
/32BDSF
/29BDSF