Loading...
HomeMy WebLinkAboutcocc_ordinance_no_10-2023_202401161 ORDINANCE NO. 10-2023 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE 5 CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN FUTURE 6 LAND USE ELEMENT BY ESTABLISHING A MIXED -USE (MXU) 7 LAND USE CATEGORY AND RELATED OBJECTIVE AND 8 POLICIES; PROVIDING FOR THE REPEAL OF PRIOR 9 INCONSISTENT ORDINANCES AND RESOLUTIONS, 10 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 11 PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN 12 AMENDMENTS. 13 14 WHEREAS, section 163.3161 et. seq., Florida Statutes established the Community Planning 15 Act, which was formerly known as the Local Government Comprehensive Planning and Land 16 Development Regulation Act; and 17 18 WHEREAS, the Community Planning Act requires each municipality in the State of Florida 19 to prepare, adopt, and update a Comprehensive Plan; and 20 21 WHEREAS, Future Land Use Objective LU-1.8 and Policy LU-1.8.1 currently provide that 22 the City will work towards establishing a mixed -use future land use classification to allow a mix 23 of uses within a development site or within a multiple parcel area to encourage flexible 24 and creative design, protect established residential neighborhoods from adverse impacts 25 of nonresidential development and reduce the cost of public infrastructure; and 26 27 WHEREAS, the City has recently completed several community surveys and 28 strategic vision sessions which suggest that the citizens of Cape Canaveral support the 29 creation of a mixed use land use designation provided such designation supports and is 30 consistent with the vision established by the City of Cape Canaveral; and 31 32 WHEREAS, this Ordinance is intended to implement the policy direction established by 33 the City Council under Future Land Use Objective LU-1.8 and Policy LU-1.8.1; and 34 35 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 36 public hearing in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 37 proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens 38 and all interested parties submitting written and oral comments and has recommended adoption 39 to the City Council; and 40 City of Cape Canaveral Ordinance No. 10-2023 Page 1 of 11 41 WHEREAS, the Local Planning Agency recommended the City Council transmit the subject 42 comprehensive plan text amendment to the Florida Department of Economic Opportunity for its 43 review and comment; and 44 45 WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the 46 public health, safety and welfare of the citizens of Cape Canaveral, Florida; and 47 48 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: 49 50 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated 51 herein by this reference. 52 53 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the 54 Community Planning Act, Sections 163.3161 et. seq., Florida Statutes. 55 56 Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt 57 comprehensive plan text amendments amending the text of the Future Land Use Element of the 58 City of Cape Canaveral Comprehensive Plan. 59 60 Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the 61 City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral 62 Comprehensive Plan, Future Land Use Element, (underlined type indicates text being added to the 63 Comprehensive Plan, Future Land Use Element and strikcout type indicates text being deleted 64 from the Comprehensive Plan, Future Land Use Element; while asterisks [***] indicate a deletion 65 from this Ordinance of text existing in the Future Land Use Element). It is intended that the text in 66 the Future Land Use Element, denoted by the asterisks and set forth in this Ordinance, shall remain 67 unchanged from the language existing prior to adoption of this Ordinance: 68 69 FUTURE LAND USE ELEMENT 70 GOALS, OBJECTIVES and POLICIES 71 72 *** 73 POLICY LU-1.3.3 74 75 The City shall enforce its requirements pertaining to densities and intensities of land use 76 in each land -use category--i.e. 77 78 *R-1, Low Density Residential: maximum 5.808 lots/acre. 79 *R-2, Medium Density Residential and Townhouse Apartments: maximum 15 units/net 80 acre. 81 *R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/net acre. City of Cape Canaveral Ordinance No. 10-2023 Page 2 of 11 82 *M-1, Light Industrial: maximum 4.356 lots/acre. 83 *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon 84 type of use. 85 *C-2, Commercial: zoning regulations impose a variety of requirements, depending upon 86 type of use. 87 PUB, Public and Recreation Facilities 88 CON, Conservation 89 MXU, Mixed Use: maximum of 15 units/net acre unless a higher density of not to exceed 90 30 units/net acre is approved by the City Council in accordance with the provisions of [adding to the Code] 91 Objective LU-1.8.A. 92 93 *** 94 95 OBJECTIVE LU 1.8 [Stricken from the Code] 96 The City shall work toward the use of innovative mixed use land use classifications and 97 land development regulations to implement the recommendations of the 2009 Visioning 98 Study for mixed use developments and a downtown center. [Stricken from the Code] 99 The measurement of this Objective is the extent to which innovative land uses and land 100 development techniques are allowed and thc degree to which the following Policies are 101 implemented. 102 103 POLICY LU 1.8.1 104 The City shall encourage the mix of residential, office, commercial, retail, restaurant, hotel, 105 and flex space through the use of Mixed Use Land Use designations. Thc Mixed Use Future 106 Land Use designation provides for a mix of uses within a development site or within a 107 multiple parcel area to encourage flexible and creative design, protect established [Stricken from the Code] 108 residential neighborhoods from adverse impacts of nonresidential development and 109 reduce the cost rastructure. When the City adopts a policy creating a mixed 110 use land use designation(s), it will define the percentage distribution for the mix of 111 allowable uses or other guidelines to implement mixcd use controls consistent with the 112 requirements of 9J 5.006(1)(c), F.A.C. and further, it will include density and intensity 113 standards for the mixed use designation pursuant to Section 163.3177(6)(a), F.S. 114 Designation of Mixed Use FLU on the FLU Map within the City and the pursuit of 115 appropriate strategies shall be based upon the following issues, factors and criteria: 116 117 A. Provide for the compatibility of mixed land use patterns, which would consist of 118 retail, restaurant, commercial, office, hotel, flex space and residential uses through the [Stricken from the Code] 119 implementation of appropriate land development regulations. City of Cape Canaveral Ordinance No. 10-2023 Page 3 of 11 120 B. Encourage private development activities to coordinate with existing residents and 121 property owners. Coordinate the provision of adequate public facilities and services. 122 C. Provide for a reduced need for infrastructure by allowing for shared parking, 123 drainage and other facilities. 124 D. Existing single use developments in place prior to the designation of the land as [adding to the Code] 125 Mixed Use remain legal conforming uses that can be restored in accordance with the 126 current zoning district standards applicable to the property. 127 E. Attendant on site facilities such as utilities, structured parking facilities integrated 128 into other uses, public schools, open space and recreation areas. 129 130 OBJECTIVE LU-1.8.A 131 132 The Mixed -Use (MXU) land use category is intended to support very select mixed -use 133 development projects of high quality that authentically integrate a creative mix of uses 134 and genuinely embrace the vision statement of the City of Cape Canaveral established by 135 the City Council. Such development projects are not otherwise allowed in other land use 136 categories due to their mixed use components. The MXU land use category is intended 137 to promote convenient and efficient relationships between housing, employment, [adding to the Code] 138 services, and a variety of transit opportunities. It is paramount that the City's interests be 139 prioritized and achieved by an approved mixed -use development project in cooperation 140 with a developer that shares the City's priorities and interests. The MXU future land use 141 map designation shall be subject to the discretion of the City Council and the following 142 conditions, which are set forth as policies as follows: 143 144 POLICY LU-1.8.A1 The MXU land use category shall be a future land use map 145 designation which may only be approved by the City Council on a project -by -project basis 146 by ordinance and a written development agreement for a specific development project [adding to the Code] 147 of a larger scale after considering the following factors: 148 149 1. Whether the proposed development genuinely embraces the vision statement of the 150 City of Cape Canaveral established by the City Council; 151 2. Whether the proposed mix of residential, commercial (retail, restaurants, office), 152 recreational, civic, open space and/or institutional uses for the mixed -use development 153 are authentically integrated; compatible and in harmony with one another; meet the 154 present and future needs of the community; and create a sense of place; [adding to the Code] 155 3. Pedestrian -friendly design mechanisms at the street level and providing buildings that 156 are connected by internal streets and drives, and pedestrian connections and 157 pathways. On site connections shall also provide connections to any existing 158 pedestrian and bicycle infrastructure network to the maximum extent possible; 159 4. Economic and social benefits to the City and Community Redevelopment Agency; City of Cape Canaveral Ordinance No. 10-2023 Page 4 of 11 160 5. Aesthetic quality and character, architectural design, and physical and visual scale; 161 6. Any proposed enhancements that developer will commit to completing by 162 development agreement that will significantly: (i) bring the overall quality of the 163 proposed development above and beyond the minimum requirements set forth in the 164 City Code; (ii) enhance the surrounding neighborhood; and (iii) serve the public health, 165 safety, and welfare of the citizens and visitors of Cape Canaveral; 166 7. Compatibility and harmony with the special and distinctive character of the City; 167 8. Compatibility with and betterment of surrounding neighborhoods and land uses; 168 9. Prohibits strip commercial uses; 169 10. Impact upon public facilities and the adequate provision of public services; 170 11. Adequacy of on -site parking and impact on off -site parking and implementation of 171 shared parking concepts; [adding to the Code] 172 12. Project components have common features and support services such a parking, 173 servicing, loading, utilities, amenities, drainage, public and open spaces, signs and 174 other development features; 175 13. Consistency with the CRA Community Redevelopment Plan and any other existing 176 master plan approved and being implemented by the City; 177 14. The manner in which the developer addresses flooding concerns applicable to the 178 subject property as set forth in the City's vulnerability assessment; 179 15. Proven first-hand experience of the developer to successfully finance and complete 180 one or more projects of such physical and visual scale and design, as evidenced by a 181 written portfolio identifying and describing previously completed or substantially 182 completed projects by the developer; 183 16. The negotiated terms and conditions of the development agreement including a 184 development schedule deemed relevant and acceptable to the City Council; 185 17. Impact on environmental concerns including whether the development enhances the 186 beauty and integrity of its natural environment; 187 18. Incorporation of resilient, sustainable and climate ready community design features 188 that are based on best available and peer reviewed science to the maximum extent 189 feasible and practicable; 190 19. Consideration of a recommendation from the Community Redevelopment Agency if 191 the project is in conflict with the Agency's Redevelopment Plan, and/or requires an 192 Agency contribution to support the project; 193 20. Compliance with applicable land development regulations and comprehensive plan 194 policies; and 195 21. Any other factors as may be deemed relevant and necessary by the City Council. 196 197 POLICY LU-1.8.A2 A MXU future land use map designation may only be approved by 198 the City Council in conjunction with a development agreement setting forth the 199 authorized land uses, densities, intensities, conceptual site plan of the proposed 200 development project drawn to scale by a duly licensed engineer, development schedule, 201 commitments, amenities, and such other specific details of the proposed development City of Cape Canaveral Ordinance No. 10-2023 Page 5 of 11 202 deemed relevant and necessary by the City Council to ensure compliance with Objective 203 LU-1-8A and other applicable provisions of the Comprehensive Plan and City Code. The 204 development agreement shall control the future development of the property and be 205 deemed a condition of approval of the ordinance and recorded against the subject 206 property and shall run with the land and become effective if the ordinance approving the 207 MXU future land use map designation becomes effective in accordance with law. 208 209 POLICY LU-1.8.A3 The Mixed -Use designation shall only be considered by application 210 for a specific development project in very limited areas within the A1A Economic 211 Opportunity Overlay District that are adjacent to and have primary vehicular access from 212 one of the following major transportation corridors in the City: 213 1. Astronaut Boulevard (S.R. A1A); 214 2. Center Street; and 215 3. West Central Boulevard. 216 217 POLICY LU-1.8.A4 The development site shall be a minimum of seven (7) net 218 developable acres. Net developable area shall include the building site, recreation areas 219 open space, swimming pools, entrance features, required landscape areas, parking 220 drives, setback areas and the similar spaces devoted exclusively to the approved 221 mixed uses. However, such area shall not include wetlands, conservation areas unless 222 required and approved by the City Council to be incorporated into the project as an 223 amenity, land already developed, roadways, waterways, and lands unsuitable for [Adding to the Code] 224 development for the exclusive use of the project's residents and occupants because of 225 topographical features or for environmental reasons. 226 227 POLICY LU-1.8.A5 The City estimates that a MXU designation approved by the City will 228 consist of a well-balanced and compatible mix of residential and non-residential uses. 229 However, because an approved MXU designation shall be unique to each development 230 project, the City Council may allow, in its discretion, no more than seventy-five (75) 231 percent of any one type of land use to dominate an approved MXU designation. 232 233 POLICY LU-1.8.A6 Residential density shall be limited to a maximum of fifteen (15) units 234 per net developable acre. However, if residential housing units are developed as part of 235 a vertical mixed -use project a bonus of up to an additional fifteen (15) units per net 236 developable acre (maximum total of thirty (30) units per net developable acre) may be 237 approved subject to the discretion of the City Council pursuant to POLICY LU-1.8.1. 238 City of Cape Canaveral Ordinance No. 10-2023 Page 6 of 11 239 POLICY LU-1.8.A7 The maximum height and elevations of any building shall be 240 established by the City Council for the approved development project, but shall not 241 exceed six (6) stories. Step backs shall be required for buildings four (4) stories or more. 242 243 POLICY LU-1.8.A8 Due to the unique nature and importance of the MXU designation to 244 serve the needs of the community, active involvement of residents, businesses and 245 interested stakeholders in the planning and decision making process will be encouraged. 246 As such, in addition to the public hearing requirements required for comprehensive plan 247 amendments under state law, the following additional public hearing requirements shall 248 apply: 249 250 A. Prior to submitting a formal application seeking approval of a MXU future land use map 251 comprehensive plan amendment, the applicant shall submit a site layout and building 252 elevation design in schematic or sketch form, and a list of proposed land uses, to the staff 253 and City Council for a non -binding and preliminary review at a public meeting. At the 254 meeting, the applicant will only receive initial feedback regarding the proposed project 255 and no formal recommendation or commitments will be made at this time. Thereafter, the 256 applicant can consider whether to submit a formal application seeking approval of an MXU 257 designation. 258 B. Upon submittal of a formal application seeking approval of an MXU designation, the 259 applicant will be required to negotiate a draft development agreement with the City 260 Manager prior to the application and development agreement being presented to the City 261 Council for approval at a public hearing. 262 C. The applicant shall be responsible for conducting at least one publicly noticed community 263 workshop to inform neighboring property owners and interested residents and businesses 264 of the proposed application and answer questions relevant to the proposed application. 265 At a minimum, preliminary demonstrative concept plans, development schedules, and 266 specifications of the proposed development project such as land uses, size and height of 267 buildings, intensity and density, new roads, and other primary features and amenities shall 268 be presented to the public. The workshop shall be held on a date, time and location [Adding to the Code] 269 approved by the City prior to the application bein. presented to the City Council for 270 approval at a public hearing. The applicant shall be required to schedule an additional 271 workshop if the initial workshop has occurred more than six (6) months prior to the 272 Council's hearing on the application, or the applicant's initially proposed plans have 273 substantially and materially changed from the initial workshop or the City Council 274 determines that an additional community workshop is required before making a final 275 decision on any related application. 276 277 POLICY LU-1.8.A9 An approved mixed -use designation shall be subject to approval of 278 a corresponding Planned Unit Development (PUD) zoning map designation by the City 279 Council provided such zoning designation is consistent with the approved MXU future City of Cape Canaveral Ordinance No. 10-2023 Page 7 of 11 280 land use designation, development agreement and other requirements of law. A PUD 281 zoning application may be processed in conjunction with the MXU future land use map 282 application. The development agreement approved as part of the MXU designation may [Adding to the Code] 283 be modified to incorporate additional or revised conditions and requirements deemed 284 relevant and necessary by the City Council during the PUD zoning approval process. 285 286 OBJECTIVE LU-1.8.B 287 288 The City Council may adopt land development regulations to allow "live -work units" or 289 "live -work space" in commercial and industrial zoning districts which allows a building or 290 spaces within a building to be used jointly for commercial and residential purposes where [Adding to the Code] 291 the residential use of the space is complimentary to the primary use as a place of work. 292 Proposed live -work units authorized by land development regulations in applicable 293 commercial and industrial zoning districts shall not be subject to the requirements set 294 forth in Objective LU-1.8.A. 295 296 POLICY OBJECTIVE LU-1.8.2C 297 The City shall allow planned unit developments (PUD's) and establish PUD land 298 development regulations, (Stricken from the Code)- with proper review, using the following specific criteria: 299 A. The PUD is an area of land developed as a single development project entity, (Stricken from the Code). which 300 may include a phased development schedule or in approved stages,(Stricken from the Code). in conformity 301 with a final development plan which is approved as part of the PUD rezoning and 302 intended to provide for a variety of residential and compatible uses and common 303 space, or a mixed -use development project approved pursuant to Objective LU- 304 1.8.A. 305 B.(Stricken from the Code). The PUD is a concept which permits a development with unique development 306 standards and requirements as set forth in the PUD zoning ordinance, final 307 development plan and any development agreement deemed relevant and 308 necessary by the City. It is intended to provide more flexible and desirable land 309 use patterns and developments that create a greater sense of place, community 310 and neighborhood identity, through superlative urban design and innovation. It is [Adding to the Code] 311 also intended to allow deviations in lot size, setbacks and other traditional bulk 312 zoning regulations that would not otherwise be possible through strict application 313 of Euclidian zoning, while adhering to the provisions of the comprehensive plan 314 and applicable federal and state regulations. (Stricken from the Code). variation in residential developments 315 by allowing deviation in lot size, type of dwelling, density, lot coverage, and open 316 space from that required for any one residential land use classification under the 317 zoning regulations. City of Cape Canaveral Ordinance No. 10-2023 Page 8 of 11 318 C. PUD land development regulations and ,(Adding to the Code). procedures and standards will , (Adding to the Code) be guided 319 by have (Stricken from the Code). the following objectives: 320 1 Accumulation of large areas of usable open spaces for recreation and 321 preservation of natural amenities. 322 2. Flexibility in design to take the greatest advantage of natural land, trees, 323 historical and other features. 324 3. Creation of a variety of housing types and compatible neighborhood 325 arrangements that give the home buyer greater choice in selecting types of 326 environment and living units. 327 4. Allowance of sufficient freedom for the developer to take a creative 328 approach to the use of land and related physical development, as well as 329 utilizing innovative techniques to enhance the visual character of the City of 330 Cape Canaveral. 331 5. Efficient use of land which may result in smaller street and utility networks 332 and reduce development costs. 333 6. Establishment of criteria for the inclusion of compatible associated uses to 334 complement the residential areas within the planned unit development. 335 7. Simplification of the procedure for obtaining approval of proposed 336 developments through simultaneous review by the City of proposed land 337 use, site consideration, lot and setback considerations, public needs and 338 requirements, and health and safety factors. 339 8. PUD should utilize economical and efficient use of land, utilities and streets 340 and other infrastructure. 341 D. No PUD shall be approved by the City until such time as a PUD ordinance is 342 adopted by the City in accordance with the PUD land development regulations and 343 in conjunction with a final development plan and development agreement; (Stricken from the Code)-this 344 PUD ordinance shall be an up to date type of ordinancc based upon the criteria 345 specified above. 346 347 *** 348 349 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent 350 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and 351 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 352 353 Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the 354 Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be 355 incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph 356 number or letter and any heading may be changed or modified as necessary to effectuate the 357 foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations City of Cape Canaveral Ordinance No. 10-2023 Page 9 of 11 358 and omissions, not affecting the construction or meaning of this Ordinance and the City 359 Comprehensive Plan may be freely made. 360 361 Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision 362 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 363 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed 364 a separate, distinct and independent provision, a`nd such holding shall not affect the validity of 365 the remaining portions of this Ordinance. 366 367 Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of 368 the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one (31) days after 369 the state land planning agency notifies the City that the plan amendment package is complete 370 pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, 371 the plan amendment shall not become effective until the state land planning agency or the 372 Administration Commission enters a final order determining the adopted amendment to be in 373 compliance. No development orders, development permits or land use dependent on this plan 374 amendment may be issued or commenced before it has become effective. After and from the 375 effective date of this plan amendment, the Comprehensive Plan Amendment set forth herein shall 376 amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the 377 plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan, as 378 amended. 379 380 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of January, 381 2024. 382 383 384 Wes Morrison, Mayor 386 ATTEST: 388 For Against 389 390 Mia Goforth, CMC 391 City Clerk 392 Kim Davis X 393 Kay Jackson X 394 Mickie Kellum Motion 395 396 Wes Morrison X 397 398 Don Willis X 399 City of Cape Canaveral Ordinance No. 10-2023 Page 10 of 11 400 Approved as to legal form and sufficiency 401 for the City of Cape Canaveral only by: 402 403 404 Anthon A. Garganese, City Attorney 405 406 407 408 1st Advertisement: August 31, 2023 409 1st Reading/Transmittal: October 17, 2023 410 2nd Advertisement: December 7, 2023 411 2nd Reading/Adoption: January 16, 2024 City of Cape Canaveral Ordinance No. 10-2023 Page 11 of 11