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HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20221207 CAPE CANAVERAL PLANNING & ZONINGBOARD/LOCALPLANNING AGENCY City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 December 7, 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 Board Matters: Approval of Meeting Minutes – October 1, 2022 Quasi-Judicial/Comprehensive Plan Amendments (Legislative – Public Hearings): Consideration of a Supplemental Lot Split application for the division of vacant land located at the eastern terminus of E. Central Boulevard at Ridgewood Avenue (Parcels #24-37-14-51-9-21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes. Ordinance No. __-2022; regarding buildings and building administrative regulations; providing for the adoption of chapter 82, article VII. Construction Site Management; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. REPORTS AND OPEN DISCUSSION 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 PZB Agenda – August 3, 2022 Page 2 of 2 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 City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Wednesday October 12, 2022 6:00 p.m. MINUTES CALL TO ORDER: A meeting of the Planning & Zoning Board took place on October 12, 2022, at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called the meeting to order at 6:02 pm. The Board Secretary called the roll. ROLL CALL: Members Present: Lamar Russell Chairman Nancy Gentilquore Board Member Susan Denny Board Member Steven Stroud Board Member Michael Miller Board Member Eugene Thorpe Board Member Others Present: David Dickey Director, Community & Economic Development Zach Eichholz Deputy CED Director + Sustainability Manager Lexi Miller Resilience Engineering Services Manager Kyle Harris Senior Planner Anthony Garganese City Attorney Patti Roth Board Secretary OLD BUSINESS NEW BUSINESS A. Board Matters: Prior to the meeting Mr. Dickey explained to the Board that the terms of Chairman Russell and Vice Chairman Price have expired and reappointment won’t be considered by the Council until the November Council meeting. Mr. Dickey spoke to Mr. Garganese and both gentlemen can be part of the discussions and can also vote. City of Cape Canaveral, Florida Planning and Zoning Board Meeting · October 12, 2022 Minutes · Page 2 of 4 1. Approval of Meeting Minutes: August 3, 2022 – Motion to accept the minutes, made by Board Member Stroud and seconded by Board Member Denny. Vote on the motion carried unanimously. B. Quasi-Judicial/Comprehensive Plan Amendments (Legislative –Public Hearings): 2. Presidential Streets Master Plan Update Kyle Harris gave a presentation to the Board on the Presidential Streets Master Plan (Plan), to include revisions suggested by the Board at its August 24, 2022 meeting. Kimley Horn improved the quality of some of the images used in the Plan, making them easier to read. Also, language on page 4, providing an overview of the Center Street Basin Study, was added. The Board had requested the Plan expand on potential benefits presented by one-way streets as they relate to storm water management. There is additional language and tables presenting opportunities and challenges for both one-way streets and two-way streets. Changing a street to one-way will change the traffic pattern throughout the neighborhood and should be done in conjunction with the traffic study to determine traffic and mobility impact. Assuming there are no comments, the next stage, will be to study the lay out and arrangement of the presidential streets and identify potential one-way streets. This study will be called Phase 2, and will provide more detail on specific streets and providing recommendations. This study would be initiated in FY 22-23 (contingent upon Council approval). From there, public input would be gathered on study recommendations to include residents/owners on a affected street. Staff informed the Board that the City was recently named recipients of a $50K Grant from the (NSF) National Science Foundation. The NSF is an institute increased public Outreach concerning storm water infrastructure and low impact development. Phase 2 of this grant, which hasn’t been applied for yet, could be worth up to a million dollars and would be for infrastructure construction. The Presidential Streets Project and the Phase 2 Grant would line up in a way that the street design process would be starting around the same time that funding from the Grant becomes available. Discussion ensued. A motion was made by Board Member Miller and seconded by Board Member Gentilquore to recommend to Council to consider and endorse the Presidential Streets Master Plan. Vote on the motion carried unanimously. 3. Off-Street Parking. Staff summarized the current situation regarding off street parking related to restaurants and bars, to include the discussion held at the August 18, 2022 Council meeting. Council passed (2) motions at this meeting, with the first one to place a stay on all code enforcement actions dealing with the City’s parking regulations. The second motion was to refer 2 City of Cape Canaveral, Florida Planning and Zoning Board Meeting · October 12, 2022 Minutes · Page 3 of 4 this item back to the Planning & Zoning Board to address parking ratios for bars and restaurants. Council is looking for recommendations on revising parking requirements. The Bord was supportive of providing a recommendation to the Council; however, discussion included having a third-party consultant review the City’s current parking requirements and provide recommendations related to bars and restaurants. Discussion ensued. A motion was made by Board Member Stroud and seconded by Board Member Denny to recommend to Council to hire a consulting firm to investigate the City’s bar and restaurant parking and provide recommendations. Vote on the motion carried unanimously. 4. Open Discussion. Zach Eichholz gave an update that effective October 1, 2022, the Community and Economic Development Department, now includes a Resilience Division, headed by himself and is staffed by Lexi Miller. Its primary goal is to streamline sustainability and resilience related endeavors and to be an interdepartmental resource. ADJOURNMENT: The meeting adjourned at 7:11 PM. Approved on this ___________________________________ day of _________________________________, 2022 _____________________________________________________ Lamar Russell, Chairman _____________________________________________________ Patti Roth, Board Secretary 3 CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 7, 2022REGULAR MEETING · ITEM # Subject: Consideration of asupplemental alternative lot split survey plan submitted by Mike Di Christopher (Supplemental Lot Split application)for the division of vacant landlocated at the eastern terminus of E. Central Boulevardat Ridgewood Avenue (Parcels #24-37-14-51-9-21.01and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes. Applicant:Mike DiChristopher Summary:In summary, the Applicant owns two tax parcels which consist of a portion of Lot 21 of, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the plat or map thereof, as recorded in Plat Book 17, Pages 81 and 82, of the Public Records of Brevard County. The tax parcels were created by deed and the Brevard County Property Appraiser. The City has no official record of the City authorizing the subdivision of Lot 21 into two developable lots as required by the City’s subdivision regulations. The Applicant seeks a lot split approval by the City to recognize the two tax parcels as two developable lots (initial lot split survey Plan), or alternatively, the Applicant seeks to have the two lots depicted in the supplemental alternative lot split survey plan approved as two developable lots (supplemental alternative lot split plan). The initial lot split survey plan has already been reviewed by the Planning & Zoning Board and is currently being considered by the City Council for a final decision. The supplemental alternative application was submitted by the Applicant after the City Council hearing and is now being presented to the Planning & Zoning Board for consideration and recommendation prior to the Council considering this application again on December 20, 2022. At its August 3, 2022 Meeting, the Planning and Zoning Board (Board) considered a Lot Split application submitted by Mike DiChristopher (Applicant) for the division of vacant land located at the eastern terminus of E. Central Boulevard at Ridgewood Avenue (Parcels #24-37-14-51-9-21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes (Attachment 1). The Board recommended approval of the initial Lot Split application based on an examination of the minimum lot requirements found in Sec. 98-66 (b)(4) of City Code (Attachment 2). This recommendation was supported by the City’s consulting engineer on the project, Mike Allen, in correspondence dated September 1, 2022, wherein he stated that the proposed corner lot met minimum zoning requirements (Attachment 3). However, since that time, Staff became aware of Sec. 98-107(b)(3), which requires all corner lots to have a width of at least 15 percent larger than the width of interior lots along both adjacent streets. As shown in the Applicant’s initial survey, the proposed southern lot would be considered a corner lot, and does not appear that its width (76.01’) complies with the 15% requirement under Section 98-107(b)(3) because the adjacent lot on E. Central Blvd., as it exists today according to the Property Appraiser’s data base map, is 100’ in width. In other words, the proposed corner lot would be required to a minimum width of 115’ in order to comply with 98-107(b)(3). The Board, at its August 3, 2022 meeting, did not have benefit of this information. City of Cape Canaveral P&Z Board Regular Meeting · December 7, 2022 Agenda Item # Page 2 of 6 At its October 18, 2022 Regular Meeting, the Council considered the Applicant’s requestto create two lots of record for development purposes and the Planning & Zoning Board’s recommendation. Due to the corner lot’s inconsistency with minimum Code requirements, primarily the 15% requirement under Sec. 98-107(b)(3), Staff recommended three options related to the initial lot split survey plan the Council could consider: 1. Deny the application because it does not meet all of the review criteria of City Code Sec. 98-66(b)(4). 2. Deny the Applicant’s request for a lot split but approve the removal of the western 25 ft. from the original Lot 21 and allow the development of one Single Family Residence. The resulting parcel would be approximately 125’ x 152’, and would comply with all applicable dimensional standards (A chain of title is provided below to clarify the reconfiguration of the subject parcels over time); 3. Approve the application. This approval would recognize the removal of the western 25 ft. from the original Lot 21 and allow the development of two Single Family Residences oriented towards Ridgewood Avenue. However this approval would not meet all of the review criteria of City Code Sec. 98-66(b)(4). As a condition of approval, a variance would be required because of the reduced size of the proposed southern (corner) lot. Sec. 98- 107(b)(3), requires a corner lot have a width of at least 15 percent larger than the width of interior lots along both adjacent streets. As currently proposed, the north parcel would meet all applicable dimensional standards; however, the south parcel (corner), as proposed, would have a width of only 76.01 ft. and therefore would not meet the 15% requirement (see above). After a lengthy discussion, the Council approved Option 2 above and directed the City Attorney to bring back a proposed final order to deny the Application for a lot split, and to recognize the property owned by the Applicant, as one (1) developable lot (Attachment 4). A final decision by the City Council on the lot split application is still pending and Council will be considering the proposed recommended order at its December 20, 2022 regularly scheduled meeting. However, soon after the October 18, 2022 Council meeting, Mr. Di Christopher submitted on November 1, 2022, a supplemental alternative lot split survey plan requesting that it be added to the record and be considered part of his lot split application requesting approval as submitted, or in the alternative, approval as amended in the supplemented plan (Supplemental Lot Split application). (Attachment 5). The Supplemental Lot Split application proposes a supplemental alternative lot split survey depicting a revised lot configuration, which according to the Applicant, addresses the 15 percent requirement for corner lot widths as contained in Sec. 98-107(b)(3). A letter from the Applicant’s attorney dated November 29, 2022 was submitted in support of the supplemental application’s consistency with the City’s zoning ordinance and Comprehensive Plan (Attachment 6). The Supplemental Lot Split application is being brought to the Board as it is proposes a different lot split configuration than what was initially proposed by the Applicant and still be considered by the City Council for a final decision. As such, from a procedural standpoint, Staff believes the alternative supplemental lot split should be considered by the Board prior to it being presented to City of Cape Canaveral P&Z Board Regular Meeting · December 7, 2022 Agenda Item # Page 3 of 6 the Council when the application hearing will resume at the December 20, 2022 City Council meeting (Sec. 98-66(b)(3)). A general understanding of the history of the subject parcel and surrounding parcels was previously presented to the City Council regarding the Applicant’s property, and Staff believes it will also be helpful to the Planning & Zoning Board in making a recommendation on the Supplemental Lot Split Application . Accordingly, a general timeline is presented: 1962. The original Plat of this area, Cape Canaveral Beach Gardens, Unit No. 2, shows the original lot configuration (Attachment 7). 1979. With the adoption of Ordinance No. 3-79, the City rezoned the subject parcel as well as approximately forty (40) other parcels in the immediate area from R-2 to R-1. According to the minutes of the April 3, 1979 Meeting (Attachment 8), the Council discussed the need for more R-1 zoning in the City, and indicated the area south of Harbor Heights would be compatible with R-1 zoning. 1984. Lots 19-21 were apparently subdivided by Charles Pindziak into seven parcels (Attachment 9) without seeking City approval. This situation underscores the unfortunate 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 Tax Collector and the Brevard County Property Appraiser Office (BCPAO) control the conveyance of real property and the issuance of tax parcel identification numbers, while cities and counties control the subdivision of land within their respective jurisdictions for development permit purposes. Furthermore, despite requests, the Clerk of the Court, Tax Collector and Property Appraiser do not 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 Council, the City has to deal with the aftermath of the unauthorized subdivision of land when they first learn about it, at the time a property owner later approaches 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 and that there is a now a problem with issuing a development permit. Chain of title, as relates to the Applicant’s property: 1984. Charles Pindziak, a single man, reconfigured lots 19, 20 and 21 of the original plat (Attachment 10) in the following manner: The western 25 feet of the originally platted Lot 21 was removed and deeded to parcels to the west of the subject property which remain owned by Pindziak. This is important because even if the Applicant were to rejoin the two lots under his control, the original Lot 21 could not be reestablished as shown in the original plat. City of Cape Canaveral P&Z Board Regular Meeting · December 7, 2022 Agenda Item # Page 4 of 6 The remaining portion of Lot 21 (Subject Property) was divided into the two parcels currently depicted on the BCPAO, a north half and a south half. 1997. Charles Pindziak transferred his interest in the northern portion of the subject property to Charles and Helen Pindziak. 1997.Charles Pindziak transferred his interest in the southern portion of the subject property to Charles and Helen Pindziak. 2003. Charles and Helen Pindziak transferred their interest in the northern portion of the subject property to Minuteman Realty Trust. 2003.Charles and Helen Pindziak transferred their interest in the southern portion of the subject property to JDM Enterprises and Holdings, LLC. 2007. JDM transferred their interest in the southern portion of the subject property to Robert and Joan Meckel. 2014. Minuteman Realty Trust transferred their interest in the northern portion of the subject property to Robert and Joan Meckel. 2018. Robert and Joan Meckel transferred their interest in both the northern and southern portions of the subject property to the Applicant. When the Applicant approached the City regarding the development of the parcels, Staff determined that the parcels had not been subdivided consistent with City subdivision requirements and therefore, a development permit could not be issued. Note that the City has not issued development permits for lots 19 through 21. The Code establishes the following criteria (Sec. 98-66(b)(4)) that must be considered as part of a lot split review: 1. 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 general minimum lot requirements for R-1 zoned property requires a minimum lot size of 7,500 SF, a minimum lot width of 75’, and a minimum lot depth of 100’. In evaluating the proposed request, Staff believes the proposed northern lot clearly meets the general minimum lot requirements. However, Staff has wrestled with the application of the general requirements to the proposed southern lot because the proposed southern lot has a corner radius along the intersection of E. Central Blvd and Ridgewood Avenue. The City Code is silent on how to measure the lot width or depth of a corner lot radius. Notwithstanding, the proposed southern lot would appear to meet the minimum lot size of 7,500 SF, and has a minimum lot width of 75’ and minimum lot depth of 100’ when oriented to Ridgewood Avenue because then, the lot width would be 76.01’ and the lot depth would be 116.19’. On the other hand, if the southern lot were oriented to E. Central Blvd., it would not meet the general requirements because the lot depth would only be 76.01’ which is less than the required minimum 100’. However, the proposed lot split would result in a corner lot inconsistent with Sec. 98- 107(b)(3) of Code that requires a corner lot, for residential use, have a width at least 15 percent larger than the width of interior lots along both adjacent streets.As the City of Cape Canaveral P&Z Board Regular Meeting · December 7, 2022 Agenda Item # Page 5 of 6 adjacent lot is 100’ in width, the proposed corner lot would be required to have a minimum width of 115’ in order to comply with 98-107(b)(3) (Attachment 11). 2. The application is consistent with the city's comprehensive plan. The application is not consistent with the applicable sections of the City’s Comprehensive Plan (Policy LU- 1.3.1) because it would not meet applicable dimensional criteria in the City’s subdivision ordinance set forth in chapter 98 of the City Code. 3. The application does not create any lots, tracts of land or developments that do not conform to the City Code. See response to criteria 1 above. 4.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 would have proper access from either Ridgewood Avenue or E. Central Avenue. 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. 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, irrespective of the exception noted in criteria 1, above. Zoning surrounding the subject parcel is: R-1 to the north, south and west; and R-3 to the east. 6. 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. 7. The application promotes the orderly layout and use of land. The proposed lot split will facilitate uses consistent with the single-family residential uses in the surrounding area. 8. 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. 9. The application does not create overcrowding of land. The proposed lot split is consistent with applicable density standards as contained in City Code. 10. 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. Sec. 98-66 (3) of Code provides that the Board shall hold a public hearing where they will consider the application and shall vote to recommend approval or disapproval of the lot split to the Council. Attachments: Attachment 1 - Lot Split Application – January 28, 2022 Attachment 2 – August 3, 2022 Planning and Zoning Board Minutes Attachment 3 – Mike Allen Memo – September 1, 2022 Attachment 4 - City Council Minutes – October 18, 2022 Attachment 5 – Supplemental Lot Split Application Attachment 6 – Kevin Markey Letter – November 29, 2022 Attachment 7 – Beach Gardens Plat City of Cape Canaveral P&Z Board Regular Meeting · December 7, 2022 Agenda Item # Page 6 of 6 Attachment 8 – City Council Minutes –April 3, 1979 Attachment 9 –Brevard County Property Appraiser Aerial Attachment 10 – Various Deeds Attachment 11 – Mike Allen Memo – November 30, 2022 Community and Economic DevelopmentStaff recommend theBoard take the following action: Recommend Denial of the Supplemental Lot Split application as it does not meet minimum Code requirements. Approved by Director:David Dickey Date: Comments to City Code section 98-66(4): a.The north lot would be .21 acres, and the south lot would be .18 acres, each formerly zoned R-2 (medium density residential) and now zoned R-1 (low density residential). They are located in a residential neighborhood upon which the applicant intends to construct 2 single family residences that would be (i) harmonious with surrounding single family homes and (ii) compliant with current building and zoning codes, and (iii) set-back requirements. b.Section 7, “Housing Element” objective H-1.9 of the City Comprehensive Plan provides as follows: Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for low-income and moderate-income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this Objective is the extent to which housing variety occurs within the City and the degree to which the following Policies are implemented. And Policy H-1.9 of the City Comprehensive Plan provides as follows: The City shall promote single-family and other low density housing types to balance the many high-density residential developments in the community. And the Future Land Use Element of the City Comprehensive Plan contemplates a minimum lot size of .17 acre, with which the proposed split is compliant. c.No lots created would be in violation of city codes, subject to consideration of applicant’s request that the 25 foot building set back along the “radius” of parcel 2 (as shown on the survey) would only apply to the Central Blvd frontage. d.1 lot will front directly on Ridgewood Avenue; the other will front both Ridgewood and Central Blvd. Thus access to public roads provides adequate ingress and egress to/from the lots. e.The lots were unlawfully split years ago by the former owner and were previously (and ORIGINALLY) described as one platted lot within a platted subdivision. f.The proposed residential use of the lots would not unduly burden existing traffic patterns on immediately surrounding streets. g.A single family home on each lot is an obvious and highest-and-best use of the lots and in furtherance of the City Comprehensive Plan as noted in b. above. h.A residential lot split re-affirming the original plat with R-2 mutifamily zoning would have resulted in the construction of two single family homes with a Central Blvd setback of 15 feet in a predominately residential neighborhood would not adversely affect light and air. i.A residential lot split re-affirming the original plat with R-2 Zoning and resulting in the construction of two single family homes in a predominately residential neighborhood would not result in overcrowding of land. j.A residential lot split re-affirming the original plat with R-2 zoning and resulting in the construction of two single family homes in a predominately residential neighborhood would not adversely harm water, sewer, or other public services such as fire, police, or other first responders. Warning Removed from the Agenda due to the request of the property ownerÔs legal representative (see attached). Warning CITY OF CAPE CANAVERAL PLANNING AND ZONING (P&Z) BOARD December 07, 2022REGULAR MEETING · ITEM # Subject: Ordinance No. XX-2022; regarding buildings and building administrative regulations; providing for the adoption of chapter 82, article VII. Construction Site Management; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date. Summary:From time-to-time, Staff identifies needed revisions to City Code due to shortcomings of current policy. The City Attorney has prepared the attached Ordinance to address a number of construction site management concerns that are not currently regulated, or the current policy needs to be revised. A summary of the proposed Ordinance follows: 1) Construction Management Plan - the Building Official may require a detailed management plan, that shows worker parking, construction equipment, material storage and temporary structures locations on the site, and methods of debris removal. Additionally, traffic routes to and from the site, pedestrian safety barriers and fencing shall be included. 2) Temporary toilet facilities - temporary toilet facilities shall be provided and maintained for the use of workers during construction. Such facilities shall be regularly cleaned and shall be placed at least fifteen (15) feet from the side property line, may not be placed in the public right-of-way, and shall be screened from view when required. 3) Construction sites must be kept clean, free of overgrown weeds and grass over twelve (12) inches in height, and the accumulation of construction debris must not remain on the property for a period of time exceeding ten (10) days. 4) The contractor and owner shall replace all broken curbs, sidewalks or other damaged public utilities or property to the satisfaction of the Building Official prior to obtaining a certificate of occupancy/completion 5) It is the responsibility of the owner and contractor to have removed construction materials from the project site or secured construction materials at the project site at least forty-eight (48) hours prior to the predicted landfall of a tropical storm or hurricane 6) Temporary construction fence - a temporary construction fence screening the construction site shall be erected as a requirement for the issuance of a Building permit. The fence shall be removed when construction has been completed. The fence shall be six (6) feet chain- link fence with a screening material. If the construction site is located on an arterial or collector road, and is not located within an existing residential area, no more than twenty- five (25) percent of the screening material facing the arterial or collector road may depict on-site information of the project. Attachment: Ordinance No. XX-2022 Community and Economic DevelopmentStaff recommend the Board take the following action: Recommend Approval of Ordinance No. XX-2022 to the City Council. Approved by Director: David Dickey Date: 1 ORDINANCE NO. ____-2022 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, REGARDING BUILDINGS AND BUILDING 5 ADMINISTRATIVE REGULATIONS; PROVIDING FOR THE ADOPTION 6 OF CHAPTER 82, ARTICLE VII. CONSTRUCTION SITE MANAGEMENT; 7 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 8 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE 9 CODE, SEVERABILITY 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, the enforcement of the Florida Building Code is the responsibility of local 16 governments; and 17 18 WHEREAS, the City of Cape Canaveral actively participates in the enforcement of building 19 construction regulations for the benefit of the public health, safety and welfare; and 20 21 WHEREAS, the City of Cape Canaveral desires to facilitate the enforcement of the Florida 22 Building Code by enacting administrative and technical amendments which meet the needs of the 23 citizens and businesses of Cape Canaveral and protect the public health, safety and welfare; and 24 25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 27 Cape Canaveral. 28 29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 30 ORDAINS, AS FOLLOWS: 31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 32 this reference as legislative findings and the intent and purpose of the City Council of the City of 33 Cape Canaveral. 34 35 Section 2. Adopting Chapter 82 Article VII. Construction Site Management. 36 The City of Cape Canaveral Code of Ordinances, Chapter 82 Article VII. - Construction Site 37 Management is hereby adopted as set forth below (underlined type indicates additions and 38 strikeout type indicates deletions, while *** indicate deletions from this Ordinance of said Chapter 39 82 that shall remain unchanged in the City Code): 40 41 CHAPTER 82 BUILDINGS AND BUILDING REGULATIONS City of Cape Canaveral Ordinance No. ___-2022 Page 1 of 8 1 2 *** 3 ARTICLE VII. RESERVED CONSTRUCTION SITE MANAGEMENT 4 5 *** 6 Sec. 82-171. Construction Site Management. 7 8 Unless otherwise preempted by state or federal law, or more stringent requirements for the 9 benefit of public health, welfare and safety are required by the City Code, the following 10 construction site management requirements shall apply to construction projects within the 11 jurisdictional limits of the City: 12 13 (1)!Construction management plan. The Building Official may require a detailed management 14 plan and completion schedule prior to the approval of a building permit or during the 15 process of completing any active or inactive construction or demolition project. The 16 management plan shall, at a minimum, provide specific information outlining the location 17 of construction worker parking, construction equipment, material storage and temporary 18 structures on the site under construction or on nearby properties, and methods of debris 19 removal including compliance with the City's waste franchise agreement. Additionally, 20 traffic routes to and from the site, pedestrian safety barriers and fencing shall be included 21 on the management plan and shall be identified for approval. The management plan must 22 also reflect where displaced public or private parking is temporarily located during the 23 term of the project to the maximum extent feasible. The plan is subject to review and 24 approval by the Building Official. Failure to comply with the approved management plan 25 shall constitute a violation of this section. The approved management plan must be kept 26 at the construction site and be available at all times during the construction process and 27 be made available to the Building Official or City inspectors. 28 29 (2)!Temporary toilet facilities for workers. Suitable temporary toilet facilities as determined by 30 the Building Official in reliance upon normal industry standards shall be provided and 31 maintained in a sanitary condition for the use of workers during construction. Such 32 facilities may include a temporary hook-up to the City sewer system or a portable toilet 33 unit and shall only be located on the construction site after the Building permit has been 34 issued and construction has commenced. If construction becomes inactive on the site for 35 more than a two-week time period, the Building Official may require that the temporary 36 toilet be removed from the site until such time reasonable assurances have been provided 37 that active construction has resumed on the site. Such facilities shall be regularly cleaned 38 and provided in a well-ventilated location and shall be placed at least fifteen (15) feet from 39 the side property line of the lot on which it is located where practical, may not be placed 40 in the public right-of-way and shall be screened from view when required and to the extent 41 practicable. The location of temporary toilet facilities on the property may be changed by City of Cape Canaveral Ordinance No. ___-2022 Page 2 of 8 ! 1 the Building Official to recognize unique conditions or a less offensive location for 2 pedestrians and neighbors. 3 4 (3)!Contractor/owner responsibility. The contractor and owner of any active or inactive 5 construction project shall be responsible for the clean-up and removal of all construction 6 debris or any other miscellaneous discarded articles during the entire duration of the 7 construction project and prior to receiving final inspection approval. Construction job sites 8 must be kept clean, free of overgrown weeds and grass over twelve (12) inches in height, 9 and the accumulation of construction debris must not remain on the property for a period 10 of time exceeding ten (10) days. The accumulation of trash and litter and other 11 miscellaneous discarded articles not constituting construction debris (e.g., cans, bottles, 12 food products and containers, papers, towels, clothing, plastics, etc.) must also be cleaned 13 daily and placed in a separate on-site receptacle. Trash and litter shall not be discarded in 14 construction debris containers and roll-offs. The on-site litter/trash receptacle service must 15 be paid for by the contractor and emptied at least once a week by the City's solid waste 16 franchise hauler or more often in a timely fashion so there is no overflow of trash and litter. 17 Off-site trash and litter generated by the contractor and workers must be picked-up and 18 cleaned daily and placed in the on-site trash/litter receptacle. Public trash receptacles are 19 not intended to handle trash and litter generated from construction sites so the contractor 20 and workers shall not use such receptacles for their trash. The contractor is responsible for 21 their workers overburdening public off-site trash receptacles located near the construction 22 site. Dust created during construction or demolition must be contained on the site or close 23 proximity to building or structure through wetting down the dust or materials or through 24 the use of any alternate means that prevents dust from leaving the property. Violation of 25 any of these conditions shall authorize the Building Official to place a stop work order on 26 such jobs in violation of this section and require removal of debris and overgrowth, and 27 correction of dust accumulation on site and adjacent properties or streets. 28 29 (4)!Final site clean-up; repair damage to public property. The contractor and owner, upon 30 completion of a building or construction project, shall immediately remove all walkways, 31 debris and all other obstructions and leave such public property in as good a condition as 32 it was before work was commenced and shall replace all broken curbs, sidewalks or other 33 damaged public utilities or property to the satisfaction of the Building Official prior to 34 obtaining a certificate of occupancy/completion or within fourteen (14) calendar days from 35 notification if no certificate of occupancy/completion is issued. Failure to correct damaged 36 public property will result in the City taking action to make corrections and all costs 37 incurred will be charged to the contractor and owner, and a lien will be placed against the 38 property for the costs of repairs. 39 40 (5)!Requirements during weather emergency. It is the responsibility of the owner and 41 contractor to have removed construction materials from the project site or secured 42 construction materials at the project site at least forty-eight (48) hours prior to the City of Cape Canaveral Ordinance No. ___-2022 Page 3 of 8 ! 1 predicted landfall of a tropical storm or hurricane until the time set forth in subsection 2 (5)h., below. 3 4 a.!Applicability. At least forty-eight (48) hours prior to the predicted landfall of a tropical 5 storm or hurricane for any portion of Brevard County Florida, as determined by the 6 National Weather Service, National Hurricane Center or appropriate weather agency 7 or as provided in the City's emergency plan; or upon order of the Building Official in 8 anticipation of a storm emergency; all construction materials, including roof tiles, on 9 all project sites within the City shall be secured and stored on-site in a safe manner or 10 removed so that no material can become a safety hazard with hurricane or tropical 11 storm force winds. 12 13 b.!Notice. Media broadcasts or notices issued by the National Weather Service or National 14 Hurricane Center of an approaching tropical storm or a hurricane is hereby deemed 15 notice to the owner or contractor. The owner and contractor are responsible for the 16 project site by securing on-site or removing from the site any construction materials 17 or debris or trash and litter to protect against the effect of hurricane or tropical storm 18 force winds. By holding a Building permit during hurricane season, the contractor shall 19 monitor the National Weather Service and the National Hurricane Center for weather 20 emergencies. 21 22 c.!Inspection. A pre-storm inspection shall be required for all active construction sites 23 involving exterior work and/or exterior storage of materials. The owner and contractor 24 shall be responsible for insuring that the construction site has passed inspection prior 25 to the issuance of a tropical storm warning or hurricane warning. The owner or 26 contractor shall be available by phone until the site has passed the pre-storm 27 inspection. 28 29 d.!Materials stockpiled on-site. Materials stockpiled on any construction site shall be 30 handled as follows: 31 1.!Band construction materials together and fasten them to the structure in such a 32 manner to prevent the material from becoming airborne during a tropical storm or 33 hurricane; or 34 2.!Remove construction materials from the top of the structure and secure them to 35 the ground; or 36 3.!Remove construction materials from the project site; or 37 4.!Store construction materials inside a structure if said structure is secure from 38 tropical or hurricane force wind loads. 39 40 e.!Dumpsters. The contents of construction site dumpsters must be removed or weighted 41 and secured with rope, mesh or other durable, wind resistant material. 42 City of Cape Canaveral Ordinance No. ___-2022 Page 4 of 8 ! 1 f.!Temporary toilets. Temporary portable toilets shall be secured to the structure, 2 dumpster or emptied and laid horizontal and secured to the ground. 3 4 g.!Roofing materials hurricane season. During the National Weather Service designated 5 hurricane season, Building or roofing materials shall not be loaded on a roof earlier 6 than ten (10) working days prior to the permanent installation of the materials. 7 8 h.!Material capable of becoming airborne. Construction materials, debris or any material 9 capable of becoming airborne shall remain secured and stored on the project site or 10 shall be removed from the project site until the National Weather Service, National 11 Hurricane Center, or the City through local action has removed all portions of the City 12 from those areas included in a tropical storm warning or hurricane warning. 13 Contractors shall not resume construction on any construction site until the site is 14 brought into compliance with the Construction Site Management Plan. 15 16 (6)!Temporary construction fence. A temporary construction fence screening the construction 17 site shall be erected and maintained in good order at all times. The temporary construction 18 fence shall be erected and completely in place as a requirement for the issuance of a 19 Building permit and prior to the beginning of construction activities. The temporary 20 construction fence shall be removed when construction has been completed. The 21 temporary construction fence shall be six (6) feet chain-link fence with a screening material 22 attached to visually screen and minimize impact to neighboring properties which may be 23 affected by construction site dust and debris. The chain-link and screening material must 24 be constructed and maintained at ground level to mitigate against ground level 25 windblown dust and materials being blown off-site. If the construction site is located on 26 an arterial or collector road, and is not located within an existing residential area, the 27 screening material facing the arterial or collector road may temporarily depict on-site 28 information about the project, provided the information is limited on no more than 29 twenty-five (25) percent of the screening material facing the arterial or collector road. A 30 fence permit is required to be issued for the temporary construction fence, and the fence 31 installed and inspected by the Building Official prior to the issuance of a Building permit. 32 33 a. A temporary construction fence will be required for all new construction, demolitions 34 and substantial renovations unless the Building Official determines all or portion of the 35 fencing is not required to protect or screen neighboring properties. 36 37 b. Individual lots being constructed in a new residential or commercial subdivision are 38 exempt from being individually screened under the requirements of this section. 39 However, the outer perimeter of the new subdivision is subject to the requirements 40 unless otherwise determined by the Building Official pursuant to subsection a., above. 41 42 c. Work on pools, pool installations or substantial renovations will require a temporary City of Cape Canaveral Ordinance No. ___-2022 Page 5 of 8 ! 1 construction fence unless otherwise determined by the Building Official pursuant to 2 subsection a., above. Also, pools undergoing renovations and new pools being 3 installed must be emptied of accumulated water at all times. 4 5 (7)!Erosion and run-off control. In compliance with the City's National Pollution Discharge 6 Elimination System (NPDES) permit requirements, prior to beginning any clearing, 7 grubbing, or construction activities, as part of the Building permit process, the contractor 8 shall submit a plan (Erosion and Sediment Control Plan) detailing the location and 9 handling of materials, soils and outlining the actions to be taken to prohibit run-off of dirt, 10 sand, fluids, vegetation or any other item into the City's stormwater system or onto 11 adjacent property, roadways and waterways. Piles of soil, erected barriers, temporary 12 detention areas, or any other methods approved by the City, shall provide for a 13 containment area to reduce run-off. 14 15 (8)!Violations; enforcement. 16 17 a. The contractor and property owner shall be joint and severally responsible and liable 18 for the requirements of this section and any violation thereof. 19 20 b. Failure to abide by the provisions of this section shall constitute a violation of the City 21 Code, and are subject to the enforcement procedures and penalties set forth in 22 Chapter 2, Article VI. Code Enforcement of the City Code. Each day a violation 23 continues shall be deemed a separate violation. 24 25 c. A violation may be enforced by the Building Official or designee through the issuance 26 of a stop work order in accordance with the procedures in the Florida Building Code; 27 or an order to repair, restore or demolish the work, to vacate the premises, or otherwise 28 abate the violation. 29 30 d. Any violation of this section is subject to abatement as a public nuisance. 31 32 e. The provisions of this subsection are cumulative with and in additional to any other 33 remedy provided by law. 34 35 f. The City may recover as costs of repairs or compliance, the costs associated with the 36 City securing job sites and correcting any violation of this section. Failure of the 37 contractor or owner to reimburse the City for said costs within thirty (30) days of 38 written notice by the City, the City may collect said costs in accordance with law and 39 costs shall also constitute a lien on the property until paid in full. 40 41 Sec. 82-172-82-195. Reserved. 42 City of Cape Canaveral Ordinance No. ___-2022 Page 6 of 8 ! 1 *** 2 3 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 5 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 6 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 7 8 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 9 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 10 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 11 and like errors may be corrected and additions, alterations, and omissions, not affecting the 12 construction or meaning of this ordinance and the City Code may be freely made. 13 14 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 15 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 16 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 17 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 18 the validity of the remaining portions of this Ordinance. 19 20 Section 6. Effective Date. This Ordinance shall become effective immediately upon 21 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 22 Charter. 23 24 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 25 of ______________, 2023. 26 27 _______________________________ 28 Wes Morrison, Mayor 29 30 ATTEST: 31 32 For Against 33 ___________________________________ 34 Mia Goforth, CMC Kim Davis _______ _______ 35 City Clerk 36 Mickie Kellum _______ _______ 37 38 Wes Morrison _______ _______ 39 40 Angela Raymond _______ _______ 41 42 Don Willis _______ _______ City of Cape Canaveral Ordinance No. ___-2022 Page 7 of 8 ! 1 2 First Reading: ________________ 3 Advertisement: _______________ 4 Second Reading: ______________ 5 6 Approved as to legal form and sufficiency 7 for the City of Cape Canaveral only by: 8 9 __________________________________________ 10 Anthony A. Garganese, City Attorney 11 City of Cape Canaveral Ordinance No. ___-2022 Page 8 of 8 !