HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20240529CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
May 29, 2024
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
1. Approval of Meeting Minutes — February 28, 2024
2. Continue discussion of allowing an exception to the current height requirements for
certain rooftop uses and provide Staff direction on a future Code revision, if needed.
3. Continue discussion on live -work land development regulations and provide Staff
direction on a future Code revision, if needed.
REPORTS AND OPEN DISCUSSION
1. Check -in on items from March 27, 2024joint workshop on green stormwater
infrastructure and low impact development codes.
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.
CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
February 28, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: A meeting of the Planning & Zoning Board (PZB) took place on February 28,
2024 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
Susan Denny Board Member
Nancy Gentilquore Board Member
Dr. Michael Miller Board Member
Daniel Sharpe Board Member
Steven Stroud Board Member
OTHERS PRESENT:
David Dickey Director, Community and Economic Development
Kyle Harris Senior Planner
Anthony Garganese City Attorney
Scotty Molyneaux BCSO
Renee Yother Board Secretary
PUBLIC PARTICIPATION: None
OLD BUSINESS: None
NEW BUSINESS:
1. Approval of Meeting Minutes - January 24, 2024: Motion to approve the minutes
as written made by Vice Chairman Price and seconded by Board Member Stroud,
vote carried unanimously.
2. Discuss allowing an exception to the current height requirements for certain
rooftop uses and provide Staff direction on a future Code revision, if needed.
Discussion ensued which included various rooftop uses, ADA compliance, Ordinance
revision, retrofitting, covered parking and logistical concerns. Mr. Harris shared some
examples of rooftop uses and gave an example of rooftop use which requires ADA
compliance. He shared an email from John Rohweder with Kaizen Companies, a hotel
Planning & Zoning Board
Meeting Minutes - February 28, 2024
Page 2 of 2
developer, which supports a proposed ordinance revision to exceed maximum height
restrictions for rooftop uses. Staff requested suggestions that will best accommodate
rooftop uses and adhere to the current or a revised Code. The Board would like to
hold a workshop, with necessary parties, e.g., developer, City Building Official and
Canaveral Fire Rescue to be informed of what to expect and requirements in the
development process. Staff will coordinate a date will all parties to be involved.
3. Discuss live -work land development regulations and provide Staff direction on
a future Code revision, if needed. Discussion ensued. Mr. Harris informed the
Board that Ordinance 10-2023 passed and the City has officially adopted the Mixed -
Use Ordinance. Staff requested for the Board to share their ideas and outline the live -
work land development regulations. The Board requests for the property owners to
give guidance to the Board on various topics, e.g., needs, intended accomplishments,
property management and rental regulations. Staff will conduct more research on
live -work regulations to present to the Board.
REPORTS AND OPEN DISCUSSION: Director Dickey reminded the Board of the Board
Appreciation Dinner. He informed the Board that he would like to conduct a Board survey to
allow the Members give suggestions of improvement of materials and information presented by
Staff. The Board gave their input and deemed a survey to not be necessary.
ADJOURNMENT: There being no further business, the meeting adjourned at 7:36 PM.
Approved on this day of , 2024.
Lamar Russell, Chairman
Renee Yother, Board Secretary
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PLANNING AND ZONING BOARD MEETING
MAY 29, 2024 MEETING • ITEM #
Subject: Continue discussion of allowing an exception to the current height requirements for
certain rooftop uses and provide Staff direction on a future Code revision, if needed.
Background: At the February 28, 2024 Planning and Zoning Board (PZB) meeting, Staff discussed
the concept of permitting certain exceptions to the maximum height as a means of
accommodating "active” rooftop uses, such as viewing areas for launches and restaurants/bars.
The idea of permitting active rooftop uses was first presented at the September 13, 2023 Planning
& Zoning Board (PZB) meeting. The Board encouraged Staff to reach out to the developers who
are supportive of such an Ordinance in order to solicit their opinions on how best to implement
such regulations. In addition to hearing from these developers, this meeting is an opportunity to
discuss the types of development the PZB would like to see and how they would like to see these
regulations applied.
Active rooftop uses have become increasingly popular in recent years, and multiple (primarily
hotel) developers have expressed a strong desire to make use of their rooftop areas due to Cape
Canaveral's unique location that allows for prime views of launches and the surrounding area.
Staff has had additional discussions and is seeking further guidance from PZB in order to proceed
with specific language (i.e., Ordinance) that will be presented at a subsequent meeting.
Recognizing the trend of utilizing rooftops for active uses, the International Building Code (IBC)
has recently been updated to allow for occupied roof spaces. Additionally, in discussions with
Canaveral Fire Rescue (CFR), they have stated they do not have an issue with rooftop uses
(assuming all other relevant requirements are met). However, Sec. 110-471 of the City's Land
Development Regulations (LDR's) currently only allows exceptions to height for "spires, belfries,
cupolas, antennas, water tanks, solar panels, ventilators, chimneys, elevator equipment, air
conditioning or other necessary equipment room usually required to be placed above the roof
level and not intended for human occupancy" (Attachment 1). Staff has interpreted this in a way
that precludes occupied rooftops; even if a bar/restaurant/viewing area remains unenclosed, ADA
requires elevator access and therefore an enclosed elevator lobby, which is intended for human
occupancy.
Because Cape Canaveral is in such a unique location, this is a relatively unique problem requiring
a creative solution. When asked how rooftop uses have been handled in other municipalities,
developers noted that a viewing area and/or restaurant/bar is not typically a consideration, and
that Cape Canaveral is an exception due to its proximity to rocket launches. Rocket launches are
one of the primary drivers of tourism to the City, and allowing for rooftop amenities could be an
incentive for visitors to stay at lodging in Cape Canaveral instead of staying in neighboring
municipalities.
Other rooftop bars are present in the surrounding area, including The Space Bar at the Courtyard
by Marriott in Titusville and The Landing Rooftop at Hotel Melby in Melbourne. In both cases,
City of Cape Canaveral P&Z Board
Regular Meeting • May 29, 2024
Agenda Item #
Page 2 of 3
these hotels were part of larger projects given specific approvals; a Planned Development in
Titusville and a Conditional Use in Melbourne. These mechanisms allow for flexibility and
creativity in the creation of LDR's specifically suited to the developments.
In Cape Canaveral, the A1A Economic Opportunity Overlay District (EOOD) permits a maximum
height of 45 feet by right or 65 feet with approval from the Community Appearance Board (CAB).
Heights exceeding 65 feet are permitted only as part of a Planned Development (PD) with
approval from City Council, though such an application has never been submitted and is subject
to a number of additional requirements that, while crucial in establishing large PD projects, may
be disproportionately burdensome for the addition of a rooftop use.
While the option of constructing a rooftop observation deck/restaurant/bar at a height below the
maximum 65 feet is a possibility, it may prove difficult. For example, a hotel could construct six
stories and have a rooftop restaurant built into a "step -back" at the fifth or sixth floor. However,
hotels in the EOOD are required to have a minimum of 150 units. After factoring in the necessary
support infrastructure on a given parcel (parking, drainage, etc.), developers have noted that the
maximum height of 65 feet is often necessary to meet the minimum number of units, meaning a
rooftop below the 65' maximum is not feasible on smaller sites.
Staff is seeking input from the Planning & Zoning Board as to how best to tailor the Code to
permit such uses. There are limited examples from other municipalities exploring the same
concept, including a discussion of rooftop amenities in a helpful memo to the Planning
Commission in Kirkland, Washington (Attachment 2); the City of Jacksonville also has a code
section that speaks to the benefits of permitting active rooftop uses (Attachment 3).
Possible approaches that have been discussed include:
1. Adding the height of an elevator lobby/other accessibility options as necessary for ADA
compliance to serve a rooftop use as a permitted height exception to Sec. 110-471.
2. Adding language to permit additional height specifically for a rooftop use with approval
from the CAB.
3. Leave the Code as -is, requiring developers to work within the existing Land Development
Regulations. This could include implementing outdoor bars/restaurants either on the roof
of five -story structures, or including a bar/restaurant/observation deck within the step -
back of the sixth story of the structure.
Additional considerations include:
• The City may wish to place certain conditions on rooftop uses; for example, requiring that
any rooftop restaurant/bar is open to the general public.
• All structures included on the rooftop (shade canopies, seating areas, etc.) must be
properly permitted to ensure wind speeds can be withstood, in addition to other factors
considered in the approval of a building permit.
City of Cape Canaveral P&Z Board
Regular Meeting • May 29, 2024
Agenda Item #
Page 3of3
Prepared by: Kyle Harris
Attachments:
1. Current Cape Canaveral Code Sec. 110-471 — Exceptions to height regulations
2. Memo to the Planning Commission of Kirkland, WA Regarding Rooftop Amenity
Amendments
3. Excerpt from City of Jacksonville, FL Code Regarding Rooftop Uses
Community and Economic Development Staff recommend the Board take the following
action: Discuss allowing an exception to the current height requirements for certain rooftop uses
and provide Staff direction on a future Code revision, if needed.
Approved by Director:
David Dickey Date:
2/6/24, 10:23 AM Cape Canaveral, FL Code of Ordinances
Sec. 110-471. - Exceptions to height regulations.
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The height limitations contained in article VII of this chapter do not apply to spires, belfries, cupolas,
antennas, water tanks, solar panels, ventilators, chimneys, elevator equipment, air conditioning or other
necessary equipment room usually required to be placed above the roof level and not intended for human
occupancy.
(Code 1981, § 641.29)
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CITY OF KIRKLAND
90 Planning and Building Department
9 T o2 123 5th Avenue, Kirkland, WA 98033
�NING(425.587.3600- w. kirklandwa.gov
MEMORANDUM
To: Planning Commission
From: Allison Zike, AICP, Senior Planner
Jeremy McMahan, Deputy Planning & Building Director
Date: January 2, 2020
Subject: Rooftop Amenity Amendments, File Number CAM19-00502
Staff Recommendation
Review draft code amendments (see Attachment 1) and provide feedback to staff in
advance of a future public hearing on amendments.
Background
The City Council has directed the Planning Commission and staff to study rooftop
amenity regulations to determine if the Kirkland Zoning Code (KZC) should be amended.
The review of the rooftop appurtenance regulations is included in the 2019-2020
Planning Work Program.
As Kirkland's multifamily, office, and mixed -use districts become denser and more
compact, there is an increasing need for outdoor amenity space for residents and
workers. One option is to make better use of the roof space on buildings so that, rather
than serving a strictly utilitarian function, these spaces can be accessed as a place for
building occupants to be outside and interact as a community. In some cases, to gain
access to this roof space, code amendments may be needed to allow things like elevator
overruns, stairway enclosures, and railings to exceed current height limits.
Rooftop appurtenances are regulated by KZC 115.120. A summary of the existing
regulations was provided in the staff memo within the Planning Commission packet for
the previous study session, linked here:
https://www.kirklandwa.ciov/Assets/Planning/Planning+PDFs/Planning+Commissi
on/Rooftop+Appurtenances+09 26 19+PC+Meeting+Packet+WEB+-+CAM19-
00502.0f The complete KZC text, with proposed amendments, is included as
Attachment 1.
The above linked staff memo also includes a summary of the rooftop appurtenance
modifications granted by the City since 2012, and staff's evaluation of the barriers to
rooftop amenity provision in the existing regulations.
1
Memo to Planning Commission
Rooftop Appurtenances/Amenities
January 9, 2020
Public Outreach & Feedback
Prior to this study session staff has conducted limited, targeted outreach to individuals
identified as neighborhood leaders and development applicants to help understand
existing and/or perceived issues with the existing regulations. Additionally, this
preliminary outreach has helped staff identify what components of future amendments
may be contentious or more impactful to residents.
Much of the feedback received from architects and applicants indicated that there is a
desire to develop rooftop decks that offer amenities to residents and/or office tenants.
Several neighborhood leaders that staff spoke with also indicated that rooftop amenities
are generally desirable. Benefits of rooftop amenities mentioned were:
• Better design
• Community aspect of rooftop decks/gardens
• Green space on roofs
• Amenities may increase renter tenancy
The majority of the concerns expressed regarding rooftop appurtenances were focused
on potential impacts to neighbors, including:
• Loss of views
• Additional items on rooftop (i.e. umbrellas, tall trees, etc.)
• Noise or lighting from rooftop decks
• Compatibility with surroundings
On December 23, 2019, the City received a letter from Ed Segat of Continental
Properties LLC (see Attachment 2) requesting that the Planning Commission specifically
review the rooftop appurtenance and pending rooftop amenities code sections as they
apply in the CBD 1A and 1B zones. These downtown zones contain additional more
limiting height provisions established in KZC 50.62 (see Attachment 3) and summarized
below:
• Parapets may extend up to 4 feet above maximum structure height
• Structures with a peaked roof may extend 5 feet (with 3:12 roof pitch) or 8 feet
(with 4:12 roof pitch) above maximum structure height
• Rooftop appurtenances may extend above the maximum structure height, but no
higher than the two elements listed above
• Structures in the CBD 1A and 1B zones are not allowed to utilize the existing
rooftop appurtenance modifications as they currently exist in KZC 115.120
Because structures within the CBD 1A and 1B zones cannot utilize the rooftop
appurtenance modification option, these zones have less flexibility to provide accessible
access to any rooftop amenity areas under the existing code. Staff is seeking direction
from the Planning Commission on whether the proposed rooftop appurtenance and
amenity amendments should also apply to the CBD 1A and 1B zones. If so directed,
staff will explore including these zones in the proposed new code language addressing
rooftop amenities (see below and attached) and clarifying the existing code regulating
height in these CBD zones.
2
2
Memo to Planning Commission
Rooftop Appurtenances/Amenities
January 9, 2020
Planning Commission/Houghton Community Council Direction
Planning Commission Direction
The Planning Commission (PC) received a briefing on this topic at a study session held
September 26, 2019. Commissioners expressed general support for the provision of
rooftop amenities and exploring options to allow more opportunities for their provision
on multi -family and commercial buildings. Regarding elevator overruns, the Commission
agreed that the City should explore allowing more height for overruns and possibly
adjust the review process for additional height for elevators. Commissioners suggested
that potential amendments may need to be applied differently throughout the City based
on differences in allowed building heights in different zones, and the potential for view
impacts. The Commission gave staff direction to proceed with researching and
developing proposed text amendments for Scoping Option #3 (see 9/26/10 Planning
Commission staff memo), with the caveat that more information is needed about the
possibility of allowing enclosed space on the rooftop prior to endorsing that element.
Houghton Community Council Direction
The Houghton Community Council conducted a study session on the rooftop
appurtenance code amendments at their October 28, 2019 meeting. Councilmember
comments were largely consistent with comments made by Planning Commission,
particularly regarding that provision of rooftop amenities is desirable and that rooftops
with amenities can maximize the utility of rooftops. Councilmembers felt strongly that
amenities should be allowed to extend above the maximum building height, but that
staff should also explore regulations to mitigate possible impacts. There was a robust
discussion of whether the code amendments should permit covered and/or enclosed
space to extend above the maximum building height as an amenity, with several
councilmembers agreeing that some amount of covered and/or enclosed space may be
reasonable. Generally, staff was given direction to proceed with code amendments
consistent with Scoping Option #3 (see 10/28/19 Houghton Community Council staff
memo), for future Houghton Community Council consideration.
Draft Code Amendments
Per Planning Commission and Houghton Community Council direction, staff has prepared
draft code amendments to KZC 115.120 (see Attachment 1) as follows:
1. Add a definition for `Rooftop Amenities"
2. Add a definition for "Rooftop Common Room"
3. Add an intent section for Rooftop Appurtenances and Rooftop Amenities
4. Clarify screening requirement hierarchy for rooftop appurtenances
5. Revise regulations to allow elevator/stair equipment up to 15 feet above the
maximum building height by right (without a modification process required)
6. Add a new section to allow rooftop amenities, including railings, to exceed
the maximum building height and set forth the allowed height and area for
those amenities
3
Memo to Planning Commission
Rooftop Appurtenances/Amenities
January 9, 2020
7. Within new rooftop amenity code section, allow rooftop common rooms,
considered to be enclosed rooms or covered areas, and set forth maximum
height and area for such rooms
8. Add language specifying that any projects requiring land use review (e.g.,
Process IIA, Design Review) will use that same process to review any rooftop
appurtenance/amenity modifications
9. Move screening and location standards for mechanical units that are not on a
rooftop to KZC 115.115 Required Yards
Below is a table summarizing the proposed allowances for rooftop appurtenances and
amenities, and whether they are allowed by right or require a Planning Official
modification.
ALLOWED`By RIGS``.
///////////////////////////
r,r,r,r,r,r,r,r,rrr,r,r,r,r,r,r,r,r,rr,r,r,r,r,r,r,r,r,r,r,r,r,r,r,r,r,
Rooftop Appurtenances -
Elevator/Stair Overruns
Rooftop Appurtenances - Other
Rooftop Amenities
Railings
15 feet above max. Minimum necessary (elevator
building height overrun can include min. exit
vestibule necessary); Must be
4 feet above max. building
height
4 feet above max. building
height
Minimum necessary for
Building Code compliance,
but no more than 4 feet
above max. building
height
ALLOWED WITH MODIFITIONN
Rooftop Appurtenances
Rooftop Common Room
Not to exceed height of
story below
Not to exceed height of
story below
counted in total footprint of all
rooftop appurtenances
10% of building footprint
None. Must be setback 5 feet
from building edge
25% of building footprint
1,000 square feet or 10% of
building footprint, whichever is
Tess
Next Steps
Staff will work to refine the proposed code amendments based on Planning Commission
feedback and is proposing that the proposed code amendments be considered at a joint
Planning Commission and Houghton Community Council public hearing. In advance of
that meeting, staff will conduct public outreach to neighborhood associations and other
interested parties regarding the proposed code amendments.
4
4
Memo to Planning Commission
Rooftop Appurtenances/Amenities
January 9, 2020
Attachments:
1. Draft KZC Amendments
2. CBD 1A/1B Zone Review Request Letter
3. KZC Section 50.62, Building Height Provisions in the CBD
cc: File Number CAM19-00502
5
5
CAM 19-00502
ATTACHMENT 1
DRAFT KZC AMENDMENTS
Kirkland Zoning Code — Chapter 5 - Definitions
5.10.### Rooftop Amenities
Structures such as landscape planters, railing, decking material; seating, play equipment,
kitchen and/or barbeque elements, animal runs, fire pits, umbrellas, and similar temporary or
permanent items installed on a building rooftop within a common space available to building
occupants.
5.10.### Rooftop Common Room
An exterior covered area or an interior enclosed space installed on a building rooftop that is
available to all building occupants and does not provide exclusive space to any specific
units/suites, or group of units/suites.
5.10.817 Rooftop Appurtenances
HVAC equipment, mechanical or elevator equipment and penthouses, roof access stair
enclosures, and similar equipment or appurtenances that extend above the roofline of a
building, but not including personal wireless service facilities as defined by KZC 117.15 or solar
panels as defined by KZC 5.10.881.1. (Ord. 4350 § 1, 2012; Ord. 3919 § 1, 2003)
Kirkland Zoning Code — Section 115.120 — Rooftop Appurtenances
The intent of these rooftop appurtenance regulations is to specify height allowances for such
items above the maximum height of structure. Regulations for rooftop appurtenances
recognize that the rooftop can be a practical place for building utilities and that access to
rooftops often requires additional height.
1. Scope —The regulations contained in this section apply to all construction except: (a)
single-family residential, and (b) personal wireless service facilities regulated by Chapter
117 KZC.
For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC.
6
CAM 19-00502
ATTACHMENT 1
DRAFT KZC AMENDMENTS
2. Abandonment — Rooftop appurtenances which are abandoned or no longer serve the
building or tenant space with which they are associated shall be removed by the building
owner within 90 days of the date they were abandoned or discontinued service.
Appurtenances associated with buildings or tenant spaces which are vacant but which are
undergoing renovation and/or are available for lease or rent shall not be considered
abandoned.
3. Required Screening for Rooftop Appurtenances
a. New construction shall, to the extent fclasiblc, visually screen rooftop appurtenances by
incorporating them into the roof form, or by using architectural designs such as
clerestories having a slope of at least three (3) feet vertical to 12 feet horizontal or roof
wells. Such roof forms and architectural designs may extend five (5) feet above the
height limit (see Plate 30).
b. New or replacement appurtenances on existing buildings and new appurtenances on
new buildings where compliance with subsection (3)(a) of this section is not feasible
shall be surrounded by a solid screening enclosure equal in height to the appurtenances
being screened. The screen must be integrated into the architecture of the building.
c. A rooftop appurtenance screened by alternative measures, including but not limited to
landscaping maintained at a height equal to the height of the appurtenance, painting
to match the building roof, or the use of pre -manufactured self -screening
appurtenances, is exempt from the requirements of subsections (3)(a) and (b) of this
section if the Planning Official determines that such alternative screening will be as
effective in minimizing rooftop clutter as a solid screening enclosure.
de. Exemptions
1) Rod, wire, and dish antennas approved pursuant to KZC 115.60(2) are exempt from
the requirements of subsections (3)(a) and (b) of this section where screening would
interfere with the effective operation of these antennas.
7
CAM 19-00502
ATTACHMENT 1
DRAFT KZC AMENDMENTS
2) A rooftop appurtenance screened by alternative measures, including but not limited
to landscaping maintained at a height equal to thc height of thc appurtenance,
appurtenances, is exempt from the req cis of subsections (3)(3) and (b) of this
section if thc Planning Official determines that such alternative screening will be as
effective in minimizing rooftop clutter as a solid screening enclosure.
4. Allowable Height and Size — Rooftop Appurtenances
a. Any rooftop appurtenance; may exceed the applicable height limitation maximum
height of structure by a maximum of four (4) feet if the area of all appurtenances and
screening does not exceed 10 percent of the total area of the building footprint (see
Plate 31). Elevator and stair equipment allowed under subsection 4(b), below, shall
be included in the area calculation towards the maximum 10%.
b. Rooftop appurtenances required by the building code for rooftop access, such as
elevator and stair equipment, may extend above the maximum height of structure
for the zone, provided:
1) The elevator and/or stair height above maximum height of structure is the
minimum necessary for rooftop access and does not exceed 15 feet above the
maximum height of structure; and
2) An elevator may include an enclosed entry/exit vestibule matching the height of
the elevator, but not exceeding the minimum area required by the building code.
lac. The Planning Official may approve a modification to the standards of subsection (4)(a)
of this section if:
1) No reasonable alternatives to the increased height or size exists, such as utilizing
alternative equipment design or technology or locating the appurtenances at or
below grade or within the structure, exists, and the amount of increase and the size
of the appurtenance and its screening is the minimum amount necessary; and
8
CAM 19-00502
ATTACHMENT 1
DRAFT KZC AMENDMENTS
2) The applicant submits accurate graphic representations or other information that
demonstrates that:
a) Views from adjacent properties will not be significantly blocked by the
appurtenance(s); and
b) Visibility of the appurtenances from adjacent properties and streets will be
minimized; and
c) Aesthetic impacts resulting from the increased height and/or area will be
minimized through appropriate screening, architectural integration, and/or
location or consolidation of the appurtenance(s); and
3) The height of the appurtenance, including thc combined height of mechanical
equipment or elevator penthouse overrun and appurtenances mounted on top of
thc penthouse overrun, shall in no event exceed thc lesser of thc following:
a} Tthe height of the story immediately below the appurtenance.
b) Fifteen feet above thc applicable height limitation; and
4) In no event shall the total area occupied by rooftop appurtenances or enclosed
within their screening exceed 25 percent the total area of the building footprint.
ed. The Planning Official shall not approve or deny a modification pursuant to subsection
(4)(4c) of this section without first providing notice of the modification request to the
owners and residents of each adjoining property and providing opportunity for
comment. The Planning Official shall use mailing labels provided by thc applicant, or,
at thc discretion of thc Planning Official, by thc City. Said comment period shall not be
less than seven (7) calendar days. The fee for processing a modification request shall
be as established by City ordinance.
5. Optional Locations — As an option to placing appurtenances on the roof, appurtenances
may be located as follows:
a. At or below grade, subject to thc following:
9
CAM 19-00502
ATTACHMENT 1
DRAFT KZC AMENDMENTS
1) The appurtenances arc surrounded by landscaping or a solid screening
enclosure, or is located in such a manner that thcy arc not visible from adjacent
properties or rights of way; and
2) Thc appurtenances will not violate KZC 115.95 (Noise Regulations) or KZC
115.100 (Odor), or crclate unduc heat or vibration on thc adjoining property; and
3) Thc appurtenances may bc located in a rcquircd sidc or rear yard, if:
a) Thc appurtenances comply with subsections (5)(3)(1) and (2) of this section;
a
b) Thc appurtenances arc reviewed as part of a Process I or II zoning permit for
thc use or structure thcy will serve; and
c) If thc use or structure thc appurtenance will serve does not require review
through Process I or II, thc Planning Official may allow an appurtenance to bc
located in a rcquircd sidc or rear yard using thc process described in subsection
located immediately adjacent to the rer-Fred yard in which thc appurtenance is
proposed to bc located shall bc provided notice; and
d) Insufficient at or bclow gradc space exists elsewhere on thc site to locate
thc appurtenances; and
c) Thc rcquircd yard is not adjacent to a residential zone; and
f) Thc appurtenances arc thc minimum size necessary.
1) Appurtenances located at or bclow gradc shall not bc counted toward allowable
lot coverage.
[continued from above...] in a parking structure, subject to the following:
1) The appurtenances are located or screened in such a manner that they are not
visible from adjacent properties or rights -of -way; and
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2) The appurtenances will not violate KZC 115.95 (Noise Regulations) or KZC
115.100 (Odor), or create undue heat or vibration on the adjoining property.
3) If the parking structure would otherwise contain 10 or more parking stalls, the
parking may be reduced by the amount necessary, but by no more than two (2) parking
stalls, to provide the physical space required to accommodate the appurtenances.
6. Review Authority
If a rooftop appurtenance requiring approval through a Planning Official decision pursuant to
subsection 4(c), is part of a proposal that requires additional approval through Design
Review, Process I, Process IIA or Process IIB, the entire proposal shall be decided upon using
that other process.
(Ord. 4252 § 1, 2010; Ord. 4121 § 1, 2008; Ord. 4072 § 1, 2007; Ord. 3954 §
1, 2004; Ord. 3919 § 1, 2003; Ord. 3814 § 1, 2001)
115.122 Rooftop Amenities and Rooftop Common Rooms
The intent of these rooftop amenity and common room regulations is to specify height
allowances for such items above the maximum height of structure. Allowances for rooftop
amenities and common rooms are intended to encourage the provision of common space on
the rooftop to serve multi -family and commercial building occupants.
1. Scope — The regulations contained in this section apply to structures containing stacked
dwelling units and/or commercial uses.
2. Allowable Height and Size — Rooftop Amenities
a. Rooftop amenities surrounded by approved railings may exceed the maximum height
of the structure for the zone by a maximum of four (4) feet.
b. Railings enclosing rooftop amenities space may exceed the maximum height of the
structure for the zone by a maximum of four (4) feet and shall be setback from the
building edge a minimum of 5 feet. Railings shall be of a transparent or majority -open
design such as glass, cabling, picket, or other similar types of railings. Where the
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applicable zone allows parapets to exceed the maximum height of structure, setback
and transparency standards do not apply to the parapet when it is used as the railing.
3. Allowable Height and Size — Rooftop Common Room
The Planning Official may approve the addition of a rooftop common room if:
a. The applicant submits accurate graphic representations or other information that
demonstrates that:
1) Views from adjacent properties will not be significantly blocked by the rooftop
common room; and
2) The location and orientation of the rooftop common room is such that the
visibility of the rooftop common room from adjacent properties and streets will
be minimized; and
3) The rooftop common room is architecturally integrated, and its materials and
colors are compatible, with the building design; and
b. The height of the rooftop common room shall in no event exceed 15 feet or the
height of the story immediately below the rooftop, whichever is less; and,
c. The area of the rooftop common room, measured to the outermost exterior
element, shall in no event exceed 1,000 square feet or 10% of building footprint,
whichever is less. The minimum area of floor space required by building code to
exit any elevator cabs shall be exempt from the maximum area calculation for the
rooftop common room.
d. The Planning Official shall not approve or deny the addition of a rooftop common
room pursuant to this subsection without first providing notice of the modification
request to the owners and residents of each adjoining property and providing
opportunity for comment. Said comment period shall not be less than seven (7)
calendar days. The fee for processing a modification request shall be as established
by City ordinance.
4. Review Authority
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If a rooftop common room requiring approval through a Planning Official decision pursuant to
subsection 3, is part of a proposal that requires additional approval through Design Review,
Process I, Process IIA or Process IIB, the entire proposal shall be decided upon using that
other process.
Kirkland Zoning Code — Section 115.115.3 — Required Yards, Structures and Improvements
3. Structures and Improvements — No improvement or structure may be in a required yard
except as follows:
a. A driveway and/or parking area subject to the standards of subsection (5) of this
section.
b. Any improvement or structure, other than a driveway and/or parking area, that is
not more than four (4) inches above finished grade may be anywhere in a required setback
yard; provided, that minor utility structures such as transformers, telephone poles, guide
wires, and electrical boxes may be located anywhere within a required setback if there is no
feasible location within the public right-of-way and prior approval of the City is obtained;
and provided further, that any franchise agreement between the City and a utility company
shall supersede this section. A bridge is allowed anywhere in a required setback yard
regardless of its height above finished grade.
c. An improvement or structure that is not more than 18 inches above finished grade
may extend not more than five (5) feet into a required yard.
d. Chimneys, bay windows, greenhouse windows, eaves, cornices, awnings, and
canopies may extend up to 18 inches into any required yard, subject to the limitations of
this section. Eaves on bay windows may extend an additional 18 inches beyond the bay
window. The total horizontal dimension of the elements that extend into a required yard,
excluding eaves and cornices, may not exceed 25 percent of the length of the facade of the
structure. Except for properties located within the disapproval jurisdiction of the Houghton
Community Council, chimneys, bay windows, greenhouse windows, cornices, awnings,
and/or canopies attached to dwelling units and their accessory structures located in low
density zones in which the floor area ratio regulations of KZC 115.42 apply may not extend
closer than four (4) feet to any property line. See Plate 10.
e. Minor improvements such as garden sculpture, light fixtures, trellises and similar
decorative structures may be located in required yards if it is determined by the Planning
Official that they will not have any substantial detrimental effect on abutting properties or
the City as a whole.
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f. Fences and railings may be located in required yards subject to the fence regulations
contained within this chapter.
g•
Rockeries and Retaining Walls
1) Rockeries and retaining walls may be a maximum of four (4) feet high in a
required yard.
The Planning Official may approve a modification to that height limit if it is
necessary because of the size, configuration, topography or location of the subject
property, and either:
a) The design of the rockery or retaining wall includes terraces deep enough to
incorporate vegetation, or other techniques that reduce the visual mass of the wall;
or
b) The modification will not have any substantial detrimental effect on abutting
properties or the City as a whole.
2) The combined height of fences and retaining walls within five (5) feet of each
other in a required yard may be a maximum of six (6) feet.
The Planning Official may approve a modification to the combined height limit for
fences and retaining walls if:
a) An open guard railing is required by the Building Code and the height of the
guard railing does not exceed the minimum required; or
b) The modification is necessary because of the size, configuration, topography
or location of the subject property, and either:
i. The design of the rockery or retaining wall includes terraces deep
enough to incorporate vegetation or other techniques that reduce the visual
mass of the wall, and the fence is designed to be no more than 50 percent
solid; or
ii. The modification will not have any substantial detrimental effect on
abutting properties or the City as a whole.
h. Improvements associated with shoreline public use and access areas may be located
in any required yard and the shoreline setback. The landward end of a pier may be located
in the shoreline setback.
i. See subsection (5) of this section for regulations on parking areas.
j. Those structures and improvements permitted in required yards by KZC 115.105.
k. Signs may be located in required yards subject to KZC 100.75 and 115.135.
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I. Covered walkways in commercial, office, and industrial zones may be permitted in
required yards. Covered walkways may be no more than eight (8) feet wide and 10 feet tall
and may not be enclosed along the sides.
m. For uses in low density residential zones, and for residential uses in other zones, the
applicant may request a modification to locate no more than one (1) storage shed in a
required yard; provided, that no storage sheds are allowed in a required front yard. The
Planning Official may approve a modification if:
1) The proposed structure is no more than eight (8) feet tall; and
2) The maximum length of the side of the proposed structure parallel to the
affected property line(s) shall not exceed 10 feet. The structure shall not exceed 120
square feet in total area; and
3) No reasonable alternative location may be found due to special circumstances
regarding the size, shape, topography, or location of the subject property or the
location of legal or legally nonconforming preexisting improvements of the subject
property; and
4) The modification will not create a significant negative impact on the character of
nearby residential properties.
If approved, the Planning Official may require the storage shed to be screened by a
solid screening fence or dense vegetation.
The decision of the Planning Official in approving or denying a modification for a
storage shed may be appealed using the appeal provision, as applicable, of Process I,
KZC 145.60 through 145.110.
n. In residential zones, covered entry porches on dwelling units may be located within
13 feet of the front property line, if:
1) The porch is covered and no higher than one (1) story and the finished floor of
the porch is no more than four (4) feet above finished grade;
2) Three (3) sides of the porch are open;
3) The porch roof form is architecturally compatible with the roof form of the
dwelling unit to which it is attached;
4) No deck, balcony, or living area is placed on the roof of the porch within the
required front yard;
5) If on attached or stacked dwelling units, the width of the porch does not exceed
50 percent of the facade to which it is attached;
6) Allowed exceptions to the above criteria are:
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a) Solid walls or railings may extend up to 42 inches above the porch floor;
b) Eaves on the porch roof may extend an additional 18 inches into the required
front yard;
c) Stairs may extend an additional five (5) feet into the required front yard.
For the purpose of this section, covered parking areas or driveways shall not be
considered an entry porch.
This subsection (KZC 115.115(3)(n)) is not effective within the disapproval jurisdiction of the
Houghton Community Council.
o. In low density residential zones:
1) Detached garages, including second story uses, utilizing an alley for their
primary vehicular access may be located within five (5) feet of the rear property line, if:
a) Garage doors will not extend over the property line when open; and
b) The garage complies with KZC 115.135, which regulates sight distance at
intersections.
2) Detached garages, including second story uses, utilizing an alley for their
primary vehicular access may extend to the rear property line, if:
a) The lot is 50 feet wide at the rear property line on the alley;
b) The garage has side access with garage doors that are perpendicular to the
alley;
c) The garage eaves do not extend over the property line; and
d) The garage complies with KZC 115.135, which regulates sight distance at
intersections.
3) Garages without alley access may be located within five (5) feet of the rear
property line; provided, that:
a) The portion of the structure that is located within the required rear yard is no
taller than 15 feet above average building elevation; and
b) The rear yard does not abut an access easement that is regulated as a rear
property line.
p. HVAC and similar types of mechanical equipment may be placed no closer than five
(5) feet to a side or rear property line, and shall not be located within a required front yard;
provided, that such equipment may be located in a storage shed approved pursuant to
subsection (3)(m) of this section or a garage approved pursuant to subsection (3)(o)(2) of
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this section. All HVAC and similar types of mechanical equipment shall be baffled, shielded,
enclosed, or placed on thc property in a manner that will ensure compliance with thc noisc
provi is s KZC 115.95 meet the standards below:. Also see KZC 115.120(5) concerning
alternative locations for mechanical equipment.
a) HVAC and similar types of mechanical equipment shall be surrounded by
landscaping or a solid screening enclosure, or located in such a manner that they
are not visible from adjacent properties or rights -of -way; and
b) The HVAC and similar types of mechanical equipment shall not violate KZC 115.95
(Noise Regulations) or KZC 115.100 (Odor), or create undue heat or vibration on
the adjoining property.
c) Single-family residential properties are exempt from the screening requirements
in subsection a.
q. Insulation, installed in or on an existing structure, may encroach eight (8) inches into
a required yard unless precluded by fire or building codes.
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ATTACHMENT 2
CBD 1A/1 B ZONE REVIEW REQUEST
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December 18, 2019.
Planning Commission
City of Kirkland
123 5t' Ave
Kirkland, WA 98033
Re: Rooftop Appurtenance Amendments
Dear Commissioners;
We are submitting this letter because we understand the Planning Commission is considering amendments to the
Kirkland Zoning Code (KZC 115.120), specifically regarding rooftop appurtenances, that would result in access to
rooftops and allow the use of rooftops for outdoor common spaces. We support this effort because we believe semi-
private common areas are a vital component in creating livable communities for residents in the core of a city.
Unique to Kirkland, residents will be able to enjoy one of its greatest assets, it's stunning views of Lake
Washington. This letter is submitted as a request that the Planning Commission include the CBD IA and 1B zones
in these amendments.
Currently in the land use code, CBD IA and 1B zones are treated differently than other multi -family and mixed -use
zones with building height provisions and permitted exceptions being addressed in a separate article (50.62.3).
Specifically, the last sentence of 50.62.3.c excludes CBD 1 zones from the Rooftop Appurtenance modifications
allowed under KZC 115.120. This is significant because if 50.62 is not addressed in the proposed rooftop
appurtenance amendments, the downtown core residential zones (namely CBD IA and 1B) would effectively be
excluded as well. The applicable text of the KZC CBD 1 zone (KZC 50.62.3) is provided below for reference.
50.62 Building Height Provision in the CBD
3. The following exceptions to height regulations in CBD zones are established:
a. Decorative parapets may exceed the height limit by a maximum of four (4) feet; provided, that the average
height of the parapet around the perimeter of the structure shall not exceed two (2) feet.
b. For structures with a peaked roof, the peak may extend five (5) feet above the height limit if the slope of the
roof is greater than three (3) feet vertical to 12 feet horizontal and eight (8) feet above the height limit if the
slope of the roof is equal or greater than four (4) feet vertical to 12 feet horizontal.
c. Within CBD IA and 1B, the height of rooftop appurtenances and related screening shall not exceed the
maximum applicable height limitation beyond the height exceptions established in subsections (3)(a) and (3)(b)
of this section. In addition, the appurtenances and screening shall be integrated into the design of the parapet or
Tel: 425.462.0700
Fax: 425.462.0760
600 108th Avenue NE, Suite 1010
Bellevue, Washington 98004
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CBD 1A/1 B ZONE REVIEW REQUEST
peaked roof form. The height of rooftop appurtenances and the height of related screening may not be modified
through KZC 115.120.
One of the fundamental principles in urban planning practices is that greater densities for residential and mixed -use
development occur in the downtown "core" of a city. There are many tenets that support density in the city core, a
few of which include the following: a) in -place infrastructure has the capacity to accommodate greater demand, b)
employment and business is concentrated in the core area of cities and c) a variety of public amenities such as
restaurants, libraries, shopping and entertainment are within short distances.
While there are benefits of increased density for housing in a downtown setting, it is vital to provide residents with
spaces and opportunities to establish a sense of place or community. One of the things typically found in the most
livable cities are outdoor places where residents can gather and begin to associate with their community. Outdoor
rooftop spaces often function as such a place for those living in the heart of a city, and they afford all of a building's
residents an opportunity to enjoy similar amenities and views.
In the heart of Kirkland, the CBD 1 zones are where the greatest residential density occurs and where it is being
developed. It is in this central core where it is most important that residents have access to outdoor "neighborhood"
spaces. Outdoor rooftop spaces will provide such a place. It is imperative therefore that the central areas of the city
are afforded the same opportunity for common rooftop amenity spaces as other multi -family and mixed -use zones.
As the Planning Commission moves forward we ask that they not overlook the CBD zones and include amendments
to the KZC (specifically article KZC 50.62.3) such that the CBD lA and 1B zones have the same opportunities for
rooftop spaces as other multi -family and mixed use zones. The amendments should be drafted to permit such
elements as elevator overruns, stair towers, guardrails, railings and overhead canopies, to extend above the height
limitations, so that proper access and life safety measures can be accommodated.
In summary, enabling access to building rooftops for use as outdoor community spaces will greatly improve the
livability of downtown residential projects. It is vital that the most dense residential areas in the city are able to
include such spaces. We thank you for your consideration and look forward to contributing however we can to
enhancing the livability of downtown Kirkland.
Kind regards,
Ed Segat
Development Manager
19
Kirkland Zoning Code 50.62 Building Height Provisions in the CBD
CAM 19-00502
ATTACHMENT 3
KZC 50.62
Page 1 of 1
50.62 Building Height Provisions in the CBD
1. Height shall be measured above the point of measurement (e.g, above average building elevation,
or above right-of-way) as specified in the particular use zone charts. For purposes of measuring
building height above the abutting right(s)-of-way, alleys shall be excluded.
2. Where retail frontage is required along an abutting street and along pedestrian -oriented streets
(see Plate 34H), the minimum ground floor story height for retail; restaurant and tavern;
entertainment, cultural, and/or recreational facility uses shall be 15 feet; provided, however, that in
CBD 1A and CBD 1B, any buildings proposed and built after April 1, 2009, or buildings that existed
prior to April 1, 2009, which are 10 feet or more below the permitted maximum height of structure,
shall be required to provide a minimum 13-foot ground floor story height.
3. The following exceptions to height regulations in CBD zones are established:
a. Decorative parapets may exceed the height limit by a maximum of four (4) feet; provided,
that the average height of the parapet around the perimeter of the structure shall not exceed two
(2) feet.
b. For structures with a peaked roof, the peak may extend five (5) feet above the height limit if
the slope of the roof is greater than three (3) feet vertical to 12 feet horizontal and eight (8) feet
above the height limit if the slope of the roof is equal or greater than four (4) feet vertical to 12
feet horizontal.
c. Within CBD 1A and 1B, the height of rooftop appurtenances and related screening shall not
exceed the maximum applicable height limitation beyond the height exceptions established in
subsections (3)(a) and (3)(b) of this section. In addition, the appurtenances and screening shall
be integrated into the design of the parapet or peaked roof form. The height of rooftop
appurtenances and the height of related screening may not be modified through KZC 115.120.
The Kirkland Zoning Code is current through Ordinance 4703, passed November 19, 2019.
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easement for use with cafes, bars and the like located outside the setback; pop-up tents and portable kiosks
for retail or similar uses that are accessible to the public and not maintained in place overnight; Urban Open
Space amenities such as fountains and public recreational amenities; private outdoor recreational amenities
that are fully visible from the easement; and semi -private uses meeting the Urban Open Space requirements,
all may be allowed within the setback outside the easement area above, provided they do not exceed 18 feet
in height.
3. Deviations:The ability to deviate from these Requirements is specifically vested in the City
Council. Deviations for setback encroachment may be allowed by the City Council, following
consideration and issuance of a recommendation regarding same by DDRB, if the decision is
based on competent substantial evidence that the request meets the General Deviation
Criteria contained in subsection 656.361.8.B, and in addition meets all of the criteria listed
below:
(a) Regarding a Deviation for setback encroachment:
(1) The development provides substitute public benefits through other Urban Open
Space or activated semi -private facilities, additional public access points beyond
those required, wider view or access corridors, or the like; and
(2) The location and height of building or structure do not have a significant adverse
effect upon light, air, solar and visual access to the creek or the linear park to be
constructed within the creekside easement; and
(3) The reduced setback of the structure or improvement from the creek is necessary
for the successful function of the building or structure.
(b) Regarding a Deviation from the requirement to provide view and/or access corridors at
the specified intervals:
(1) The development provides substitute public benefits through other Urban Open
Space or activated semi -private facilities, additional public access points beyond
those required, wider view or access corridors, or the like; and
(2) There are unique characteristics of the site that warrant the Deviation such as
alternative major access (view and physical access) points or major vertical
infrastructure that prevents or impedes view and access. Examples of these would
include public parks just beyond the 300 foot boundary that provide alternate view
and access, or bridge structures or overpasses or other impediments would make an
access easement in the required location unusable or undesirable.
J. Rooftops.
1. Purpose and Intent. Rooftops serve a number of functions. Traditionally, they have housed
mechanical equipment, elevator overruns and stair towers. Progressively, they have been
integrated into sustainability strategies for buildings, utilizing green roofs and solar
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equipment. Roofs are now more often used for active uses as well, such as rooftop bars and restaurants,
recreation space or gardening.
The roof serves a utilitarian function but can also be seen as a tremendous amenity. It
serves as the "fifth facade" when seen from taller adjacent buildings and becomes part of
the cityscape. Use of the rooftop for activities, for sustainability, and as a positive
contributor to the cityscape are all strongly encouraged. Since they "cap" the building, they
have the potential to create an image on the City skyline.
The creation of accessible terraces and urban open space on rooftops is encouraged,
particularly to take advantage of views of surrounding features such as the St. Johns River,
McCoy's Creek, and Hogan's Creek. The incorporation of "green" roofs into building design to
manage stormwater runoff and reduce energy consumption is also strongly encouraged.
Permanent roof structures such as mechanical equipment, elevator overruns, stair towers,
and permanent roofs over bars or other areas will not count toward the height calculation
except within the Riverfront Zones B and C, as shown on Table 6.2.H and Map 6.2.H. In these
Riverfront Zones, the height will count toward the volume calculation.
2. Requirements.
(a) All roofs shall be considered a "fifth elevation" and should strive to be visually appealing
from taller and nearby buildings.
(b) All mechanical equipment, appurtenances, and access areas shall be intentionally
grouped and screened architecturally within fully covered enclosures consistent with the
overall composition of the building. This requirement shall not apply to residential
buildings where individual equipment for each unit is located on the roof, in which case
the equipment shall be screened from street view and shall not exceed five feet in height
unless completely enclosed.
(c) For all commercial buildings, mechanical enclosures shall have a screened or louvered
top to improve views from above and to provide required air circulation.
(d) Independent mechanical screens shall be set back a minimum of ten feet from the
building facade.
(e) Large roof areas (measuring more than 10,000 square feet) are encouraged to exhibit
patterns of roofing colors and materials. Roof gardens and eco-roofs can be employed to
achieve these patterns.
(f) Rooftop equipment enclosures shall be designed in such a manner that they not only
hide rooftop equipment, but they are integrated into the design of the overall building.
(g) Open railings, planters, clerestories, skylights, play equipment, parapets, and firewalls
may extend up to ten feet above the maximum height limit with unlimited roof coverage.
(h)
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Solar collectors may extend up to seven feet above the maximum height limit with unlimited roof coverage.
(i) The following rooftop features may extend up to 15 feet above the building roof, as long
as the combined coverage of all features listed in this subsection does not exceed 20
percent of the roof area, or 25 percent if the total includes stair or elevator penthouses
or screened mechanical equipment:
(1) Solar collectors;
(2) Stair and elevator penthouses;
(3) Mechanical equipment; and
(4) Play equipment and open -mesh fencing, as long as the fencing is at least 15 feet
from the roof edge.
(j) The following rooftop features may extend up to a height of 50 feet above the building
roof:
(1) Radio and television receiving equipment; and
(2) belfries or spires, together with that portion of the roof that supports them;
(k) All green roofs shall be designed to permit routine maintenance and irrigation, as
necessary.
(I) All vertical rooftop forms, surfaces, and elements shall use high -quality cladding
materials the same as, or similar to, the typical surfaces of the walls below.
(m) Permanent construction canopies and roofs for rooftop bars and restaurants, recreation
facilities, and cabanas shall be considered a part of the total building height.
(n) Non -permanent shade canopies and umbrellas may extend up to 15 feet above the roof.
(o) Rooftop swimming pools, decking, patios, and fitness equipment shall be allowed with
unlimited coverage.
(p) There shall be no maximum surface coverage for mechanical equipment on residential
building rooftops provided such equipment is less than five feet in height.
3. Deviations allowed by the DDRB.Deviations from the following requirements may be
allowed by the DDRB only if the decision is based on competent substantial evidence that
deviating from the requirement meets all of the General Deviation Criteria contained in
subsection 656.361.8.E and in addition meets all of the criteria listed for each requirement
below:
(a) As to a Deviation from the requirements for grouping and screening mechanical
equipment:
(1) Due to unique circumstances of the site and the building design, the rooftop
regulation cannot be met; and
(2)
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Occupants of nearby existing buildings will not be able to see the unscreened equipment from upper story
windows or rooftop occupied spaces;
(b) As to a request for additional height above the rooftop, the Deviation shall be evaluated
on the basis of:
(1) The public benefits provided;
(2) Consistency with the City's land use policies;
(3) The feature will be compatible with and will not adversely affect the downtown
skyline;
(4) The feature will not have a significant adverse effect upon light, air, solar and visual
access of properties within a 300-foot radius of the subject property boundary lines;
(5) The feature, supporting structure and structure below will be compatible in design
elements such as bulk, profile, color, and materials.
(6) The feature will not adversely affect the function of existing transmission or receiving
equipment within a five -mile radius.
(7) The increased size is necessary for the successful function of the feature; and
(8) Due to unique circumstances of the site and the building design, the rooftop
Regulation cannot be met.
K. Off -Street Parking.
1. Purpose and intent:The impact of parking and service areas, both structured (parking
garages) and surface lots, in downtown shall be minimized by:
(a) Requiring activation of the ground level of parking structures;
(b) Discouraging new surface parking of greater than six spaces visible from the right-of-
way, except On -Site surface parking for residential uses;
(c) Requiring the screening and landscaping of existing Accessory and On -site surface lots,
pursuant to subsection 656.361.6.2.L, by July 1, 2024;
(d) Locating surface parking lots and garages away from sidewalks and pedestrian
connections and within projects or off service alleys;
(e) Locating loading and service docks away from sidewalks and pedestrian connections;
(f) Ensuring that design of parking lots minimally affect the pedestrian environment;
(g) Providing active uses such as shops and restaurants on the ground floor of garages to
engage pedestrians;
(h) Requiring landscaping and architectural treatments to soften the appearance of surface
parking lots and parking garages;
(i) Promoting development of structured parking, particularly within the Central Core
District;
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(j) Discouraging surface parking lots in all Districts except the Central Core District where
they are prohibited;
(k) Discouraging the demolition of existing buildings or structures to create surface parking
lots; and
(I) Limiting the number of surface parking spaces allowed based upon Use.
2. Requirements for Number of Spaces:
(a) Minimum parking spaces required for any use Downtown: none.
(b) Maximum surface parking spaces allowed:
(1) Residential: equal to the minimum requirements stated in Part 6 of thithapter 656,
(ten percent less if located within 700 feet of a transit station entrance);
(2) Hotel: equal to the minimum requirements stated in Part 6 of thichapter 656;
(3) All other uses may have the following maximum number of spaces:
(i) 50 percent of what would be required by Part 6 of the Zoning Code for the use.
(ii) Within 700 feet of transit station entrance, reduce maximum by ten percent of
required above.
(c) Maximum number of structured parking spaces: unlimited.
(d) Within the Riverfront and Creekfront Zones, the following additional parking standards
shall apply:
(1) Within 100 feet from the waterfront of the St. Johns River or 50 feet of a Downtown
creek, surface parking other than handicap is prohibited, unless it is under a bridge
or elevated roadway and is completely screened from the waterfront.
(2) Drop off areas are not considered "parking."
(3) Any new surface parking or parking structure is encouraged to make ten percent of
the spaces at grade or on the ground floor open to the public at all times; where
such public parking is available, signage shall be incorporated to indicate public
parking with the big blue "P."
(4) Parking spaces in any parking garage shall not front the waterway. There must be an
intervening non -parking use (such as residential, hotel, office, etc.)
3. Requirements for Form of Parking areas.
(a) New parking garages (public or private).
(1) 50 percent of the total ground floor street frontage, not including entrances into the
garage, must be activated utilizing one of the methods detailed below:
(i) Non -parking active use such as retail, commercial, residential, or office use that
would activate the street; or
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Urban Open Space with a minimum 20-foot depth, 20-foot width and 25-foot height; or
(iii) A combination of non -parking active use and Urban Open Space.
(2) The required minimum 50 percent activation may be achieved in the aggregate but
shall not represent less than 25 percent of each street frontage.
(3) Notwithstanding the foregoing, property along the Emerald Trail or within the FAB-
REP boundary must provide 100 percent non -parking active use or Urban Open
Space along all such street frontages less garage entrances.
(4) To the greatest extent practicable, owners will strive to make 50 percent of spaces
open to the public during non -business hours, of the associated business.
(5) The entire vertical height of an exposed facade of a parking structure, including
parking structures integrated within a larger building, shall be clad in a material
architecturally compatible with the other occupied floors of the building and/or
compatible with the material used to cover the exterior of the abutting building. Such
material shall effectively and attractively obscure the view to the interior of all
parking decks. Plants may be used to augment the screen.
(6) Parking structures shall be designed such that sloping circulation bays are not
expressed in the exterior treatment of the parking structure on any street frontage.
(7) The design of the parking structure shall insure that parked cars are not visible from
the street level, except as may be unavoidable at entrances and exits.
(8) Parking structure vehicular ingress and egress shall be located on secondary streets
unless there is only one frontage or traffic conditions prohibit.
(9) Where the parking structure has one street frontage, this frontage shall be
considered the primary street.
(10) Where a parking structure has two or more street frontages, one is primary and the
remaining are secondary.
(11) Prior to final site plan approval of the parking structure by DDRB, the Traffic Engineer
shall provide written comment to DDRB staff as to the acceptability of proposed
ingress and egress for the parking structure and potential impacts on traffic.
(b) New surface, or expansion of existing surface parking:
(1) Prohibited in the Central Core and Southbank Districts;
(2) In Districts other than the Central Core, new or expansion surface parking of more
than six spaces for non-residential uses, whether Accessory or On -Site, is prohibited
unless interior to the parcel and wrapped by building on the street frontage;
(3) For residential use parcels, On -Site or Accessory structured parking shall meet the
Requirements of 656.361.6.2.G (Transparency) and for surface parking, shall meet
the Requirements of 656.361.6.2.L (Screening and Landscaping of Surface Parking,
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and Trash, Storage and Loading Areas);
(4) In the Sports and Entertainment and Working Waterfront Districts, new or expansion
of surface parking of more than six spaces for non-residential uses, whether
Accessory or On -Site, is allowed so long as it is interior to the parcel and wrapped by
building on the street frontage, or as otherwise approved by grant of a Zoning
Exception.
(c) Existing surface parking - (public or private):
(1) All "Accessory" and "On -site" surface parking shall come into compliance with
subsection 656.361.6.2.L, (Screening and Landscaping of Surface Parking, Trash,
Storage, and Loading Areas) requirements on or before July 1, 2024.
(i) Within 90 days of the adoption hereof Notice shall be provided by the Downtown
Investment Authority to the owners of record of the existing surface lots
impacted by this Section.
(ii) Within 90 days of the adoption hereof, the Downtown Investment Authority, with
the assistance of DDRB, shall update and depict graphically the applicable
Screening and Landscaping requirements.
(iii) Within six months from the date of adoption hereof, the Downtown Investment
Authority shall develop a policy and consider the creation of a Parking Screening
Grant for cases of economic hardship and to incentivize early compliance with
this requirement for Accessory and On -site surface parking.
(2) All existing Commercial Surface Parking Lots were required to be in compliance with
the previous regulations of 656.361.16 and 656.351.17 by the year 2014, thus, to the
extent that they are not in compliance, are subject to immediate Code Enforcement
action.
(d) Temporary Surface Parking Lots as described ir6ec. 656.361.5.1(Uses Permitted
Generally: applicable to all Overlay Districts zoned CCBD) for Use Z shall not be subject
to the screening and landscaping requirements below in 656.361.6.2.L.
4. Deviations allowed by the DDRB.in compliance with the Comprehensive Plan, no Deviation
is allowed to authorize new surface parking in the Central Core or to increase spaces above
the maximum allowed in any District within Downtown. No Deviation is allowed from the
Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas
requirements applicable to new surface parking lots in Districts where such parking is
allowed. Deviations from the requirements of this subsection K (Off -Street Parking) may be
allowed by the DDRB only if the decision is based on competent substantial evidence that
deviating from the requirement meets all of subsection 656.361.8.E (General Deviation
Criteria), and in addition meets all of the criteria listed for each Deviation below:
(a)
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As to a Deviation from the requirement to provide Urban Open Space or non -parking active use on the street
frontage:
(1) Due to unique circumstances of the site and the building design, this requirement(s)
cannot be practicably met through any of the alternatives to activate the frontage
provided herein; and
(2) Some other alternative street level activation of the garage frontage is proposed
which is found to have a public benefit and is sufficient to screen the parking areas
as well as engage the pedestrian.
(b) As to a Deviation from the restrictions on new On -Site surface parking (in Districts other
than the Central Core where no Deviation is allowed):
(1) The applicant can demonstrate that construction of a parking garage on site or
wrapping the surface parking with a building is not feasible on the site due to site
specific conditions not generally found within Downtown; and
(2) There is a demonstrated shortage of available parking within a one -quarter mile
radius of the site;
(c) As to a Deviation from the restrictions on new Accessory surface parking (in Districts
other than the Central Core where no Deviation is allowed):
(1) The applicant can demonstrate that the permitted six spaces is inadequate for its
needs and construction of a parking garage or location not visible from the right-of-
way is not feasible; and
(2) There is a demonstrated shortage of available parking within a one -quarter mile
radius of the site;
L. Screening and Landscaping of Surface Parking, Trash, Storage, and Loading Areas.
1. Purpose and Intent:These requirements are applicable to all new Accessory or On -Site
parking lots, and new and existing Commercial Surface Parking lots. Existing Commercial
Surface Parking Lots were required to be in compliance with the previous regulations of
656.361.16 and 656.351.17 by the year 2014, and shall continue to be subject to the
requirements for screening and landscaping below without any phase in period. Thus, to the
extent that they are not in compliance, are subject to immediate Code Enforcement action.
2. Requirements:
(a) Screening for trash, storage, loading, outdoor equipment, for new and existing Accessory
and On -site surface lots, and for new and existing Commercial Surface Parking Lots.
Existing Accessory and On -site surface lots shall meet these standards by July 1, 2024.
Existing Commercial Surface Parking Lots shall be subject to immediate Code
Enforcement action. Surface parking lots of a size greater than 299 spaces are exempt
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from this screening fence/wall and hedge requirement. Parking lots containing 299 spaces or less shall be
screened along each right-of-way line, as shown in Figure 6.2.L, below, as follows:
Figure 6.2.L
(1) A three-foot maximum height masonry wall, finished with stucco if smooth concrete
block, with a five-foot (minimum) landscape strip with shrubs three feet in height at
the time of planting and spaced appropriately for the species so that a complete
hedge will be obtained within two years between the wall and the property line.
Wrought iron metal picket style fencing shall be placed on top of the masonry wall no
taller than three feet in height with the total fence height not exceeding six feet; or
(2) Six-foot transparent wrought iron style metal fence with three-foot high shrubs,
spaced at 21 feet on center, planted in a five-foot (minimum) landscape strip
between the fence and the property line; or
(3) A 15-foot wide landscape area where vehicles, trash receptacles, equipment, etc. are
sufficiently screened to an 85 percent opacity within two years of planting, through a
combination of trees and shrubs.
(b)
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Chain link fences are prohibited Downtown, unless used for temporary construction fencing only and the
fence is covered entirely with a DDRB approved windscreen and the applicant agrees to comply with the
DDRB guidelines concerning wind screen fences. All construction site fencing will meet the requirements of
the DDRB wind screen regulations in all districts and will be installed on all construction sites within DIA's
jurisdiction.
(c) Landscaping for surface parking. Within the boundaries of Downtown, the requirements
of Chapter 656, Part 12 are hereby waived to the extent of any conflict and superseded
by the following. Surface parking areas visible from the street or waterfront shall be
landscaped according to the following requirements:
(1) Zero to 50 spaces: Perimeter landscaping adjacent to the right-of-way shall be
provided as follows:
(i) A landscaped area of not less than ten square feet for each linear foot of parking
lot street frontage, including driveways shall be provided. The depth of the
landscape area may vary, however, at least 50 percent shall be a minimum of a
five-foot wide strip. The remaining area shall be provided within 30 feet of the
right-of-way;
(ii) Not less than one tree on each side of a driveway accessing the parking lot shall
be provided, but in no case less than one tree for each 50 linear feet of parking
lot frontage, or fraction thereof, on the right-of-way;
(iii) At least 50 percent of the trees planted or preserved shall be medium or large
trees, as categorized in the Jacksonville Tree Commission's Approved Tree
Planting List, that will provide shade for cars and pedestrians ("Shade Trees");
and
(2) 51 to 299 spaces: In addition to the requirements above for Zero to 50 space surface
parking lots, the following shall be provided:
(i) Each row of parking shall be terminated by a curbed landscape island ("Terminal
Island") with inside dimensions of not less than eight feet wide, excluding the
curb, and 17 feet long for standard sized parking spaces, and 15 feet long for
compact spaces;
(ii) If a double row of parking spaces is planned, two Terminal Islands shall be
provided; and
(iii) Each Terminal Island shall contain at least one tree (two trees for a terminal
island of a double row); and
(3) 300 or more spaces:
(i) Subject to Subpart C (Landscaping Requirements) of Part 12 (Landscape and Tree
Protection Regulations) within thisChapter 656, with the additional requirement
to meet the General Criteria for Trees and Required Tree to Soil Volume Ratio
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stated below; and
(ii) No Deviations are allowed for the requirement to provide the trees and the
landscape strip along the street frontage.
(d) General Criteria for Trees:
(1) Tree species shall be chosen from the Jacksonville Tree Commission's Approved Tree
Planting List.
(2) Single trunk trees shall have a minimum four -inch caliper at the time of planting. The
height may vary depending on the species of tree;
(3) Multi-trunked trees shall have a minimum of three trunks and an overall height of 12
feet at the time of planting; and
(4) Palms shall have a minimum 16 feet of clear trunk at the time of planting.
(e) Required Tree to Soil Volume Ratio. Soil volume refers to the cubic feet of soil required
for adequate root growth of a tree, generally based upon a three-foot depth. A healthy
root system is one of the most critical factors enabling trees to withstand hurricane -
force winds. In non -urban settings, the soil volume may be much larger due to the space
available, and the lack of underground utilities and other obstructions. In an urban
setting, the volumes are necessarily lessened due to the limited amount of space. The
following are the minimums necessary for successful tree growth, along with other
techniques such as utilization of structural soil, suspended sidewalks, root paths, and
planting strips:
(1) Small trees: 300 cubic feet;
(2) Medium trees: 1,200 cubic feet; and
(3) Large trees: 1,800 cubic feet.
(4) A 25 percent reduction is allowed in the volumes when the soil is shared between
trees.
(f) When the capacity of any existing Accessory Parking Lot is increased for any reason, the
entire lot must be brought into compliance with all the requirements in this Subpart H
pertaining to same prior to the site being utilized as Accessory parking. All Accessory
Parking Lots must come into compliance with these regulations on or before July 1, 2024.
3. Deviations allowed. No Deviation is allowed except as enumerated below. All Deviations
must be based on competent substantial evidence that the request meets the General
Deviation Criteria contained in subsection 656.361.8.8, and any criteria below.
(a) No Deviation is allowed from the Screening and Landscaping of Surface Parking, Trash,
Storage, and Loading Areas requirements applicable to new surface parking lots in
Districts where such parking is allowed;
(b)
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Deviations may be allowed by the DDRB for existing lots containing over 50 spaces for the perimeter fencing
requirement if it can be shown that there is a substantial public benefit; and
(c) Deviations for existing and new surface parking lots may be allowed by the DDRB for the
planting area requirements if a suitable permeable material is provided for the irrigation
of the plant material.
M. Demolition and Vacant Lot Regulations.
1. Purpose and Intent:The demolition of structures not only causes a disruption in fabric of the
built environment, but can also cause blight and a public nuisance. The following regulations
seek to ensure that the demolition of structures is only done when necessary, and once
done is replaced by a level site as aesthetically pleasing as possible until future development
is accomplished on the site.
2. Requirements:
(a) Prior to January 1, 2014, all undeveloped lots were to have met minimum standards
including: removal of rubbish and debris; leveling the site by the removal of brick or
concrete foundations, etc. and changes in grade; replacement of landscaping removed;
and sodding as required by Part 4 ofChapter 320. If a vacant lot has not been brought
into compliance with this requirement, it is subject to immediate Code Enforcement
action.
(b) If a lot has a building, structure or use to be demolished, the lot shall also meet the
minimum standards as identified below:
(1) Demolition of any building or structure downtown shall be consistent witEhapter
320, Ordinance Code.
(2) In addition to the above, prior to the issuance of a demolition permit for a building or
structure that is either listed on the National Register of Historic Places, is a
contributing structure within Downtown's historic district, or that is designated as a
landmark, the following must occur:
(i) the applicant shall provide a plan for redevelopment of the property;
(ii) DDRB must determine that the redevelopment plan is in compliance with the BID
and CRA Plan; and
(iii) DDRB must give Conceptual and Final Approval of the redevelopment project.
(3) Upon the approval by DDRB of the above, and the Building Inspection Division of the
demolition, issuance of a City demolition permit, completion of the authorized
demolition, and removal of the materials, debris and rubbish from the site, the site
shall be restored in accordance with this Section.
(4)
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All vacant properties shall be graded to a uniform level, free of irregular surface changes. All concrete slabs,
brick foundations, etc. that would prohibit the proper growth of required landscaping, shall be removed from
the site. Changes in grade between the subject property and adjacent properties shall be minimized.
(5) Any landscaping that is removed shall be replaced pursuant to subsection
656.361.6.2.L and as approved by DDRB.
(6) The vacant lot shall have sod or grass planted on the entire vacant lot pursuant to
Part 4, Chapter 32Q Ordinance Code, except those areas planted with trees and
shrubs, and as approved by DDRB.
(7) If the vacant lot is used for the storage of materials, equipment, etc., but not cars,
the vacant lot shall meet the perimeter landscape requirements of subsection
656.361.6.2.L for lots of a size from zero to 50 spaces.
(8) All vacant lots brought into conformance with this Section shall be maintained
pursuant to Part 5,Chapter 518, Ordinance Code.
(9) The vacant lot shall not be used to park cars, unless it is approved as a Temporary
Parking Lot by the DDRB. Such Temporary Parking Lot shall be catalogued and
administered by the DDRB as to the time limits and other factors regarding its
temporary nature.
3. Deviations allowed by the DDRBAII Deviations must be based on competent substantial
evidence that the request meets the General Deviation Criteria contained in subsection
656.361.8.B.
(a) Deviations may be allowed by the DDRB for demolition of structures if it can be shown
that there are approved plans for construction redeveloping the site within 1 year.
(Ord. 2019-196-E, § 6; Ord. 2022-383-E, § 1)
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PLANNING AND ZONING BOARD
MAY 29, 2024 REGULAR MEETING • ITEM #
Subject: Continue discussion on live -work land development regulations and provide Staff
direction on a future Code revision, if needed.
Background: At its January 16, 2024 Regular Meeting, City Council unanimously approved the
second reading of Ordinance No. 10-2023, establishing a Mixed -Use (MXU) land use category in
the City's Comprehensive Plan. While much of Ordinance No. 10-2023 (Attachment 1) was
focused on larger mixed -use projects. Policy LU-1.8.B authorizes City Council to adopt land
development regulations to allow "live -work units”:
The City Council may adopt land development regulations to allow "live -work units" or
"live -work space" in commercial and industrial zoning districts which allows a building or
spaces within a building to be used jointly for commercial and residential purposes where
the residential use of the pace is complimentary to the primary use as a place of work.
On February 16, 2024, the City received confirmation from FloridaCommerce that the expedited
state review process set forth in Section 163.3184(2) and (3) of Florida Statutes identified no
provision that necessitates a challenge of the Ordinance adopting the Amendment. The plan
amendment therefore became effective 31 days later on March 18, 2024.
At its February 28, 2024 meeting, the Planning & Zoning Board (PZB) received information from
Staff regarding live -work units and discussed a number of factors elaborated on below. PZB also
asked that property owners interested in the land development regulations (LDR's) attend the
meeting to voice their thoughts on the matter. To that end, Staff has invited several property
owners to provide input and spur conversation.
Staff has also been conducting research on potential live -work land development regulations
(LDR's), and is seeking input from the PZB to assist in the creation of draft LDRs that will then be
brought back to this Board at a subsequent meeting. Among the questions and concepts that
must be addressed by new LDRs are:
• Define "live -work units";
o Some nearby municipalities already include definitions of "live -work units"
(Attachment 2).
• Should the be geographically limited beyond zoning classification?
• Define the approval process for a "live -work" unit;
• The number of "live -work" units allowed on a property;
• Limiting square footage of the "live -work" unit(s)?;
• Limiting rental of the "live -work" unit to employees on the property?;
• Other conditions or requirements as necessary.
o Other municipalities have conditions/requirements that can be used as examples
(Attachment 3).
City of Cape Canaveral P&Z Board
Regular Meeting • May 29, 2024
Agenda Item #
Page 2 of 2
Discussions have been held with various property owners who are eager to establish live -work
units. This type of smaller -scale mixed -use development has multiple benefits, including, but not
limited to:
• Cuts down on time spend commuting, as residents can be closer to their place of
employment (leads to cost -saving, reduction in emissions, reduction in traffic congestion);
• Increases the supply of housing without requiring major development projects;
• Decrease sprawl and contributes to a sense of place.
Staff is seeking input and direction from the PZB in order to help draft language that carefully
considers best practices as applied to the City's unique local context. Based on the feedback
provided by the PZB, Staff will work with the City Attorney and other departments as necessary to
draft an Ordinance to be presented to the Board within the coming months.
Prepared by: Kyle Harris
Attachment:
1. Ordinance No. 10-2023
2. Comparison of Definitions of "Live -Work Units"
3. Live -Work Land Development Regulations
Community and Economic Development Staff recommend the Board take the following
action: Continue discussion on live -work land development regulations and provide Staff
direction on a future Code revision, if needed.
Approved by Director:
David Dickey Date:
Ail at
IIIII P"""14 1 1" '
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
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
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
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
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 with proper review, using the following specific criteria:
299 A. The PUD is an area of land developed as a single development project entity, which
300 may include a phased development schedule or in approved stages, 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. 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
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. 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 procedures and standards will be guided
319 by have 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; thiJ
344 PUD ordinancc 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
386 ATTEST:
388 For Against
389
391 City Clerk
392 Kay Jackson
393
395
396 Wes Morrison
397
398 Don Willis
399
c�rj{ r ,+
Wes Morrison, Mayor
City of Cape Canaveral
Ordinance No. 10-2023
Page 10 of 11
Mntinn
SPc,nnd
400 Approved as to legal form and sufficiency
401 for the City •L ..e Canaveral only by:
402
403
404 Anthon A. Ga ''anese, City Attorney
405
406
407
408 15t Advertisement: August 31, 2023
409 15t Reading/Transmittal: October 17, 2023
410 2"d Advertisement: December 7, 2023
411 2"d Reading/Adoption: January 16, 2024
City of Cape Canaveral
Ordinance No. 10-2023
Page 11 of 11
Atha 2
Definitions
Municipality
Term
Definition
Cocoa Beach
Live/work units (Sec.
2-35)
A live/work unit is a single dwelling unit in a detached building, or in a
multifamily or mixed -use building, that also accommodates limited
commercial uses within the dwelling unit. The use of a live/work unit is
predominately residential; commercial activities are secondary. The
quiet enjoyment of residential neighbors takes precedence over the
work needs of a live/work unit.
Work/live units (Sec.
2-36)
A work/live unit is a single dwelling unit in a detached building, or in a
multifamily, mixed -use, or commercial building, where the predominate
use of the unit is commercial. Because the predominate use of a
work/live unit is commercial, customary commercial impacts may take
precedence over the quiet enjoyment expectations of residential
neighbors.
Titusville
Live -work unit (Sec.
28-73)
"Live -work Unit" Buildings or spaces within buildings that are used
jointly for commercial and residential purposes where the residential
use of the space is secondary or accessory to the primary use as a place
of work.
West Melbourne
Live -work unit (Sec.
63-5)
Live -work unit means a structure or portion of a structure that is used
jointly for commercial and residential purposes where the resident
owner or tenant is responsible for the commercial activity performed,
where the commercial activity takes place subject to a valid business
license, and where the living area occupies no more than one-third of
the total floor area of the unit.
Orlando, FL
Live/work units (Sec.
58.1103
Live/work units, defined as units that includes a complete dwelling unit
with kitchen and bathroom, as well as space suitable for running a
business, provided that the business is a permitted or lawfully
approved conditional use in the zoning district To qualify as
a live/work unit for the purposes of this part, the live/work unit must be
occupied entirely by a single housekeeping unit
ttachnnent 3 ,,,,, Orange igounty, FL
il Eign Live -Work Units Requirements:
a, No more than too: i2). &nip:Joes,. in addition to the resident owner or resident employee of the business, shall be permitted to work or report to work on -
site,
b. A minimum of eighty: P30) percent of a structure's stireet front fat:acre: at street level shall be occupied by nonresidential uses,
ci. Live./work units that eixceed two thousand (2,00Ch square feet must nave at least tiwo (2) exits,
ci. Loading or unloading associated vvitit a bushiess occupying a hike -work unit shall be from She rear cif the unit,
e. A residential use ',will be i,)ern-iitteci within the nonresidential portion of the building for a maximum per of three (3ii years from the date of issuance of
the certificate of occupancy. Renewad shall require planning and zoning manager approval,
f. Required parking will be based on the applicable parking standard for the nonresidential use or the closest, sinnilar use, plus cirie (lii space for the
residential use,
g, The external acisess for the nonresidential cornponent shall be oriented to the street and should have ant least one (I) external entranc,e/e,xit separate. from
the living spia.c.e..The entrance to the nornresidentfal (:orkponent shall be kacated on the ground level, ,Ancces,s to the nonresidential component of each
live./work unit shall be clearly separate from the coffin -ion vvalkiways or entrances to the residential units within the devellopnient, or other residential units
in adjacent developments,
Isi. The live/work tmit. shall have e inkininkurn ground floor height of thirteen h13). feet,.
Nonresidential uses perrnitted in live -work cluuelli rig units and located in the Petal I/Whiolesale District shall include art gallery,. artist studich professional
studio:, office iriot including dental/medical office arid cinch and other similar activities as, determined by the plianning and znaning managers.
(Ord, tiUs,..1.013-02, , is 3, 1-29-13.( Circl, No,. 2.015.4 7 , 'a 31(pet 3-22-15; Ord, No, 2318-08 „ fx, 2, 4-10-1 Sir
5/22/24, 2:14 PM Cocoa Beach, FL Land Development Code
Section 2-35. - Live/work units. City
A live/work unit is a single dwelling unit in a detached building, or in a multifamily or
mixed -use building, that also accommodates limited commercial uses within the dwelling
unit. The use of a live/work unit is predominately residential; commercial activities are
secondary. The quiet enjoyment of residential neighbors takes precedence over the work
needs of a live/work unit.
A. Live/work units are permitted in certain subdistricts either by right or by
special exception.
B. Commercial uses in live/work units are restricted to offices, limited and to
store and services, limited, as those terms are defined by this code.
C. Commercial uses in live/work units must be conducted entirely within the
unit or a customary residential accessory structure.
D. No more than two (2) employees or contractors other than family members
residing in the dwelling may work in a live/work unit.
E. Signage for live/work units is limited to one (1) non -illuminated wall or
window sign up to three (3) square feet.
F. Products and equipment must not be visible from the street and may not
be stored outdoors.
G. No equipment may create noise, vibration, glare, fumes, or odors outside
the dwelling unit that are objectionable to the normal senses.
(Ord. No. 1614, § 2(Exh. A), 4-5-2018; Ord. No. 1649, § 2(Exh. A), 10-1-2020)
Section 2-36. - Work/live units.
A work/live unit is a single dwelling unit in a detached building, or in a multifamily,
mixed -use, or commercial building, where the predominate use of the unit is commercial.
Because the predominate use of a work/live unit is commercial, customary commercial
impacts may take precedence over the quiet enjoyment expectations of residential
neighbors.
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5/22/24, 2:14 PM Cocoa Beach, FL Land Development Code
A. Work/live units are permitted in certain subdistricts either by right or by
special exception.
B. Commercial uses in work/live units are restricted to offices, limited or
general and to stores and services, limited or general, as those terms are
defined by this code.
C. Commercial uses in work/live units must be conducted entirely within the
unit or a customary accessory structure.
D. Signage for work/live units is limited to either one (1) non -illuminated wall
or window sign up to three (3) square feet or to a shingle sign no greater
than two (2) square feet and is installed such that the bottom of the sign is
at least eight (8) feet above the walking surface.
(Ord. No. 1614, § 2(Exh. A), 4-5-2018; Ord. No. 1649, § 2(Exh. A), 10-1-2020)
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5/22/24, 2:19 PM Melbourne, FL Code of Ordinances
Sec. 3. - Overlay zone regulations.
(A) Eau Gallie art overlay zone.
(1) General. The intent of this subsection is to identify 21 square blocks of
existing residential housing as an area that supports a live/work
environment for artists, limited office, and low intensity commercial uses
while maintaining the residential character of the neighborhood. The zone
shall promote a scale of development conducive to pedestrian activity and
encourage the use of consistent sidewalks, landscaping and business
signage. Utilizing the existing scale of structures, new structures and
buildings will provide the opportunity to create a focus for revitalization
and promotion of the historical, cultural and artistic environment.
(2) Applicabi/ity.This section shall apply to property located west of Pineapple
Avenue, east of Avocado Avenue, north of Creel Street and south of
McClendon Street; the properties located along the west side of Avocado
Avenue south of Law Street and north of Creel Street; and the properties
located along the east side of Guava Avenue north of McClendon Street
and south of Mathers Street.
Overlay regulations only apply to properties with a mixed use future land
use classification and C-1 (Neighborhood Commercial) zoning.
(3) Overlay regulations.
(a) Permitted uses.
1. Bed and breakfast.
2. Community residential home, one to six residents (see article VI,
sec. 1(C)).
3. Dwellings, accessory (see article VI, sec. 1(A)).
4. Dwellings, multi -family.
5. Dwellings, single-family.
6. Dwellings, two-family/duplex.
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5/22/24, 2:19 PM Melbourne, FL Code of Ordinances
7. Laboratories (research, medical and dental) and clinics.
8. Office.
9. Parking facilities as a principal use.
10. Restaurant, 30 seats or less.
11. Retail.
12. Schools, including non-academic instruction, ten students or less.
13. Service, business.
14. Service, personal.
15. Studio, art.
(b) Conditional uses permissible by the city council.
1. Restaurants, 31 to 50 seats.
2. House of worship, convent or parish house, 30 seats or less.
3. Public utility service facilities.
4. Schools, including non-academic instruction, 11 students or more.
5. Assisted living facility.
(c) Prohibited uses.All uses not specifically or provisionally permitted
herein.
(d) Maximum height permitted.40 feet; requests for additional height will
not be considered.
(e) Maximum allowable density.Maximum allowable density and intensity
standards for the Eau Gallie art overlay zone are established in Future
Land Use Element Policy 1.16.3 and are regulated as follows:
1. Density —Six residential dwelling units per acre. A permitted
accessory dwelling unit shall not be deemed to exceed the
allowable density.
2. Intensity-0.5 FAR for commercial development.
(f) Property setbacks.
1. Front - 20 feet generally, or 15 feet for a single -story porch;
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5/22/24, 2:19 PM Melbourne, FL Code of Ordinances
2. Side corner - 20 feet generally, or 15 feet for a single -story porch;
3. Side - Zero feet generally, or 7.5 feet when abutting single-family
residential, per R-2 setbacks;
4. Rear - 15 feet generally, or 25 feet when abutting single-family
residential, per R-2 setbacks;
5. Rear -abutting alley - ten feet.
(g) Parking.
1. A change in use from residential to the following nonresidential
uses shall not be subject to additional parking space requirements
if the building footprint remains the same and on -street parking or
public parking lots are available within 500 feet in an appropriate
area, as determined by the community development director and
the city engineer:
(i) Restaurants with up to ten seats;
(ii) Schools with a single instructor and no more than five students;
(iii) Retail uses of 1,000 square feet or less; and/or
(iv) Bed and breakfast up to three rooms;
(v) Personal service with either 1,000 square feet or less or with
two stations or less; and/or
(vi) Business service of 1,000 square feet or less.
2. Parking in the overlay zone will be monitored over time as
properties change to nonresidential uses to assess the need for
amendment to the parking requirements, and the need for
additional on -street parking, including angled spaces.
3. Required parking may be placed directly adjacent to the property in
the right-of-way in lieu of on -site parking and some accommodation
for on -site employee parking spaces shall be made on -site if
physically possible, as approved by the city engineer and
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5/22/24, 2:19 PM Melbourne, FL Code of Ordinances
community development director. Parking in the right-of-way must be designed and built
in accordance with the city engineering and planning department requirements.
4. See appendix D,section 9.72(a)(57) for additional parking
regulations that apply in this overlay zone.
5. Parking requirements in the Eau Gallie art overlay zone will prevail
when in conflict with other portions of the code.
(h) Signage requirements for the art overlayzoneSignage requirements
for the art overlay zone are subject to the city's sign regulations, and
are further regulated as follows:
1. Permitted signs.
(i) One detached ground sign, per property.
a. Must comply with the Downtown Melbourne and Eau Gallie
District Architectural Guidelines, as amended from time to
time.
b. Sign setback shall be a minimum of five feet from any
property line.
(ii) One mural, per property.
(iii) One building sign, per licensed business.
a. Sign shall not exceed four square feet.
b. Sign shall be located in proximity to the business entrance
door.
(iv) Up to two flags, each secured to a flagpole.
2. Prohibited signs.
(i) Window signs.
(ii) Neon signs.
(iii) Reader boards and changeable copy signs.
(iv) Flashing and internally lit signs.
(v) Flags flown from a flexible rod or pole.
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