HomeMy WebLinkAboutOrdinance No. 07-2025_RPUD1
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ORDINANCE NO. 07-2025
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
5 FLORIDA, AMENDING CHAPTER 110 -ZONING, ARTICLE VIII -RESIDENTIAL
6 PLANNED UNIT DEVELOPMENTS OF THE CITY CODE TO UPDATE AND
7 CLARIFY PROCEDURES AND STANDARDS; PROVIDING FOR THE REPEAL OF
8 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION
9 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE.
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11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
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15 WHEREAS, Objective LU-1.8.C of the City's Comprehensive Plan provides that the City
16 shall allow planned unit developments and establish PUD regulations that permit a development
17 with unique development standards and requirements as set forth in the PUD zoning ordinance,
18 final development plan and any development agreement deemed relevant and necessary by the
19 City. It is intended to provide more flexible and desirable land use patterns and developments
20 that create a greater sense of place, community and neighborhood identity, through superlative
21 urban design and innovation. It is also intended to allow deviations in lot size, setbacks and
22 other traditional bulk zoning regulations that would not otherwise be possible through strict
23 application of Euclidian zoning, while adhering to the provisions of the comprehensive plan and
24 applicable federal and state regulations; and
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26 WHEREAS, in furtherance of Objective LU-1.8.C, the City Council has established two
27 different PUD regulations addressing proposed commercial and mixed use planned developments
28 under Chapter 110, Article XI, and proposed residential planned developments under the
29 Residential Planned Unit Development (RPUD) process set forth in Chapter 110, Article VIII; and
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31 WHEREAS, Objective LU-1.8.C further provides that PUD land development regulations
32 and procedures and standards will be guided by the following objectives:
33 1. Accumulation of large areas of usable open spaces for recreation and preservation of
34 natural amenities.
35 2. Flexibility in design to take the greatest advantage of natural land, trees, historical and
36 other features.
37 3. Creation of a variety of housing types and compatible neighborhood arrangements
38 that give the home buyer greater choice in selecting types of environment and living
39 units.
40 4. Allowance of sufficient freedom for the developer to take a creative approach to the
41 use of land and related physical development, as well as utilizing innovative techniques
42 to enhance the visual character of the City of Cape Canaveral.
43 5. Efficient use of land which may result in smaller street and utility networks and reduce
44 development costs.
City of Cape Canaveral
Ordinance No. 07-2025
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1 6. Establishment of criteria for the inclusion of compatible associated uses to
2 complement the residential areas within the planned unit development.
3 7. Simplification of the procedure for obtaining approval of proposed developments
4 through simultaneous review by the City of proposed land use, site consideration, lot
5 and setback considerations, public needs and requirements, and health and safety
6 factors.
7 8. PUD should utilize economical and efficient use of land, utilities and streets and other
8 infrastructure.
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10 WHEREAS, since at least 1981, the City Code has contained procedures and standards for
11 a residential planned unit development ("RPUD") zoning designation under Chapter 110, Article
12 VIII for purposes of encouraging and permitting the development of planned residential
13 neighborhoods and communities that provide a full range of residence types designed to serve
14 the inhabitants of the RPUD; and
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16 WHEREAS, the RPUD is intended to allow developers sufficient freedom to propose, for
17 City Council approval, a creative approach to the use of land and related physical development
18 by utilizing innovative, imaginative, and flexible techniques to enhance the visual character of the
19 City, use of natural amenities, and efficient use of land; and
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21 WHEREAS, the RPUD is intended to provide a simplification of the procedure for obtaining
22 approval of proposed developments through simultaneous review by the City of proposed land
23 use, site considerations, lot and setback considerations, public needs and requirements and health
24 and safety factors; and
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26 WHEREAS, despite the legislative intention and purpose of the RPUD, and Objective LU-
27 1.8.C of the City's Comprehensive Plan, the City's Official Zoning Map does not designate a single
28 parcel of land RPUD, and there is no record of any such proposals being considered by the City
29 until a recent request presented to City staff this year; and
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31 WHEREAS, despite the RPUD's stated intention and purpose, City Attorney and City staff
32 have advised that it is likely that the RPUD has been underutilized because its current procedures
33 and standards, such as minimum acreage, open space, lot area, frontage, setbacks, and floor area,
34 are inflexible and discourage applicants from pursuing projects under the RPUD; and
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36 WHEREAS, the City Council desires to amend the RPUD procedures and standards to
37 better align with its stated intention and purpose and Objective LU-1.8.C of the City's
38 Comprehensive Plan; and
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40 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
41 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
42 Cape Canaveral.
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44 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
City of Cape Canaveral
Ordinance No. 07-2025
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1 ORDAINS, AS FOLLOWS:
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3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
4 this reference as legislative findings and the intent and purpose of the City Council of the City of
5 Cape Canaveral.
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7 Section 2. Code Amendment. The City of Cape Canaveral Code of Ordinances,
8 Chapter 110 -Zoning, Article VIII -Residential Planned Unit Developments, is hereby amended
9 as set forth below (underlined type indicates additions and strilEeout type indicates deletions,
10 while asterisks(***) indicate deletions from this Ordinance of text existing in Chapter 110, Article
11 VIII. It is intended that text in Chapter 110, Article VIII denoted by asterisks and set forth in this
12 Ordinance shall remain unchanged from the language existing prior to adoption of this
13 Ordinance):
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15 Chapter110-ZONING
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17 ARTICLE VIII. RESIDENTIAL PLANNED UNIT DEVELOPMENTS
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19 DIVISION 1. GENERALLY
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21 Sec. 110-401. Definitions.
22 The following words, terms and phrases, when used in this article, shall have the meanings
23 ascribed to them in this section, except where the context clearly indicates a different meaning:
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25 Block means an area delineated within a stage which is subdivided into lots for single units
26 and individual ownership.
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28 Common open space means a parcel of land or a combination of land and water within the
29 site designated as a residential planned unit development and designed and intended for the use
30 or enjoyment of residents of the residential planned unit development. Common open space shall
31 be integrated throughout the residential planned unit development to provide for a linked
32 recreational/open space system. Common o pen space shall include direct and usable access to
33 the Banana River or Atlantic Ocean for the benefit of the residents provided the access com plies
34 with the re g uirements set forth in this article.
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36 Developer means a person who owns land which is developed into a residential planned
37 unit development and who is actually involved in the construction and creation of a residential
38 planned unit development.
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40 Development plan means the total site plan of the residential planned unit development
41 drawn in conformity with this article. The development plan shall specify and clearly illustrate the
42 location, relationship, design, nature and character of all primary uses, public and private
43 easements, structures, parking areas, public and private roads and common open space.
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City of Cape Canaveral
Ordinance No. 07-2025
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1 Development schedule means a comprehensive statement showing the type and extent of
2 development to be completed within the various practicable time limits and the order in which
3 development is to be undertaken. A development schedule shall contain an exact description of
4 the specific buildings, facilities, common open space and other improvements to be developed at
5 the end of each time period.
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7 Final development plan means the development site plan approved by the city council and
8 app roved as a condition of the ordinance rezonin g the sub ject p ro perty to residential planned
9 unit develo pment (RPUD )recorded with the clerk of the cirrnit court of the county according to
10 this article.
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12 Final development plan application means the application for approval of the final
13 development plan and for approval of the required exhibits as specified in this article.
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15 Lot means a portion of a block intended for the construction of one dwelling or the transfer
16 of ownership or both.
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18 Preliminary development plan means the development plan approved by the city council
19 and filed with approval by the city of a residential planned unit development zone.
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21 Preliminary development plan application means the application for approval of the use of
22 a site as a residential planned unit development and for approval of the required exhibits as
23 specified in this article.
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25 Residential planned unit development or RPUD means an area of land developed as a single
26 entity or in approved stages in conformity with a final development plan by a developer or group
27 of developers acting jointly, which is totally planned to provide for a variety of residential uses
28 and common open space.
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30 Site means the actual physical area to be developed as a residential planned unit
31 development, including the natural and created characteristics of the area.
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33 Site plan means a detailed, dimensional plan at a reproducible scale providing information
34 and graphic depiction of all physical development relationships to occur within a tract of a
35 residential planned unit development in accordance with Cha pter 110 . Article VI Site Plans of the
36 Cit y Code.
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38 Stage means a specified portion of the residential planned unit development that may be
39 developed as an independent entity that is delineated in the preliminary and final development
40 plan and specified within the development schedule.
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42 Tract means an area delineated within a stage, except single unit lots, which is separate
43 unto itself having a specific legal description of its boundaries. A tract will delineate all land uses,
City of Cape Canaveral
Ordinance No. 07-2025
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1 such as common open space, recreational area, residential areas, except single unit lots, and all
2 other applicable areas.
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4 Sec. 110-402. Purpose and intent.
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6 (a) The residential planned unit development is a concept which encourages and permits
7 variation in residential development by allowing deviation in lot size, bulk or type of
8 dwellings, density, lot coverage and open space from that required in any one residential
9 land use classification under this chapter. The purpose of an RPUD is to encourage the
10 development of planned residential neighborhoods and communities that provide a full
11 range of residence types designed to serve the inhabitants of the RPUD. It is recognized
12 that only through ingenuity, imagination and flexibility can residential developments be
13 produced which are in keeping with the intent of this section, while departing from the
14 strict application of conventional use and dimension requirements of other zoning districts
15 of the city.
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17 (b) This article is intended to establish procedures and standards for residential planned unit
18 developments within the city, in order that the following objectives may be attained:
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(1) Accumulation of large areas of usable open spaces for the preservation of natural
amenities.
(2) Flexibility in design to take the greatest advantage of natural land, trees, historical and
other features.
(3) Creation of a variety of housing types and compatible neighborhood arrangements
that give the home buyer greater choice in selecting types of environment and living
units.
(4) Allowance of sufficient freedom for the developer to take a creative approach to the
use of land and related physical development, as well as utilizing innovative techniques
to enhance the visual character of the city.
(5) Efficient use of land which may result in smaller street and utility networks. use of
direct and usable access to the Banana River or Atlantic Ocean for the benefit of the
residents as common o pen space . and reduce development costs.
.(fil Establishment of criteria for the inclusion of com patible associated residential uses to
com p lement the residential areas within the planned unit develo p ment.
(e D Simplification of the procedure for obtaining approval of proposed developments
through simultaneous review by the city of proposed land use, site consideration, lot
and setback considerations, public needs and requirements and health and safety
factors .
City of Cape Canaveral
Ordinance No. 07-2025
Page 5 of 27
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2 Sec. 110-403. Permitted uses.
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4 Uses permitted in the residential planned unit development may include and shall be limited to
5 the following:
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7 (1) Single-family detached dwelling units.
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9 (2) Multi-family residential dwelling units, including apartments, in semi-detached, attached
10 and multi-storied structures.
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12 Sec. 110-404. Common open space, drainage systems, private roads and other related
13 common facilities.
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15 (a) In the residential planned unit development, all common facilities shall be maintained for
16 their intended purpose as expressed in the final development plan . One of the following
17 methods or a combination of the following methods shall be utilized for maintaining
18 common facilities:
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20 (1) Public dedication to the city. This method is subject to formal acceptance by the city
21 in its sole discretion.
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23 (2) Establishment of an association or nonprofit corporation of all persons owning
24 property within the residential planned unit development to ensure the maintenance
25 of all common facilities.
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(3) Retention of ownership, control and maintenance of common facilities by the
developer.
30 (b) A privately owned common open space shall continue to conform to its intended use and
31 remain as expressed in the final development plan through the inclusion in all deeds of
32 appropriate restrictions to ensure that the common open space is permanently preserved
33 according to the final development plan . The deed restrictions shall run with the land and
34 be for the benefit of property owners and shall contain a prohibition against partition.
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36 (c) All common open space, as well as public and recreational facilities, shall be specifically
37 included in the development schedule and shall be constructed and fully improved by the
38 developer at an equivalent or greater rate than the construction of residential structures .
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40 (d) If the developer elects to administer common open space through an association or
41 nonprofit corporation, the organization shall conform to the following:
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(1) The developer must establish the association or nonprofit corporation prior to the sale
of any lots, parcels, tracts or dwelling units.
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Ordinance No. 07-2025
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(2) Membership in the association or nonprofit corporation shall be mandatory for all
residential property owners within the residential planned unit development, and the
association or corporation shall not discriminate in its members or shareholders.
(3) The association or nonprofit corporation shall manage all common open space and
recreational and cultural facilities that are not dedicated to the public; shall provide for
the maintenance, administration and operation of the land and any other land within
the residential planned unit development not publicly or privately owned; and shall
secure adequate liability insurance on the land.
(4) If the developer elects an association or nonprofit corporation as a method of
administering common open space, the title to all residential property owners shall
include an undivided fee simple estate in all common open space or appropriate shares
in the association .
(5) The developer shall turn over control of the association in an orderly manner consistent
with F.S. ch. 718 regulating condominium associations, as though it were a
condominium development.
21 Sec. 110-405. Physical review.
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23 The city shall have the right to evaluate the physical layout, architectural characteristics
24 and amenities of the residential planned unit development and to suggest changes or
25 modifications designed to create compatibility and conformity in the variety of uses within the
26 development to ensure, protect and promote the health, safety and general welfare of the
27 property owners of the residential planned unit development and the residents of the city.
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29 Sec. 110-406. Building permit.
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31 No building permit for a residential planned unit development shall be issued by the city
32 until all re q uired fees have been paid in full and the ordinance and final development plan a-Ra
33 the applicable site plan have been approved by the city council. and duly recorded and until all
34 required foes ha 1,e been paid.
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36 Sec. 110-407. Bonding.
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38 (a) Prior to the commencement of construction within a tract or block of a residential planned
39 unit development, the developer shall file with the city the following contracts and bonds:
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(1) A performance, labor and material payment bond for the completion of the
construction within one year from the date of commencement of construction of all
public improvements specified in the final development plan .
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Ordinance No. 07-2025
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(2) A performance, labor and material payment bond for the completion of the
construction within one year from the date of commencement of construction of all
common open areas designated in the final development plan.
(3) A maintenance warranty bond in the amount of ten percent of the total cost of the
construction of all public improvements to be in force for a period of two years
following acceptance by the city of the final construction of public improvements.
(4) In lieu of any bond, the developer may use an escrow account or letter of credit to
ensure the performance of the construction as planned if such account and the
administration thereof is approved by the city council.
13 (b) Performance bonds may only be accepted for public improvements or for the following
14 private improvements: streets, drainage and common usable open space. All such bonds
15 shall be from a company licensed as a surety in the state, listed by the U.S. Treasury
16 Department and rated A:AAA in Best's Insurance Guide. Upon recei pt of as-built drawin gs,
17 certified by a state-licensed p rofessional en g ineer confirmin g that the im p rovements meet
18 the re q uirements of the City Code , and upon acceptance by the cit y of all improvements
19 described in subsections (a)(1) and (2) of this section, the performance and payment bonds
20 shall be released.
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22 (c) All of the sections relating to bonding contained in chapter 98 of this Code or re quired by
23 Florida Statutes pertaining to subdivisions shall be fully applicable to the bonds required
24 under this section.
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26 Sec. 110-408. Termination MAe.
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28 (a) Any owner of all or a portion of land that has been designated a residential planned unit
29 development under this article can apply to the city for the termination of that portion of
30 a stage within an approved final development plan within which his property is located if
31 construction has not been commenced pursuant to the final development plan. The
32 procedure for termination shall be by ordinance amendin g the zonin g classification of the
33 land in accordance with the same procedure set forth section 110-423 that applicable to
34 a land use classification change under this chapter.
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36 (b) Failure of the developer to submit a final development plan for the entire development or
37 a stage within the time periods specified in section 110-421 shall automatically revoke
38 approval of the complete preliminary development plan filed under section 110-422 a-Re
39 the site shall re1v•ert to the previous zoning classification and the official zoning map shall
40 be changed accordingly to reflect such revocation.
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42 Sec. 110-409. Enforcement.
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City of Cape Canaveral
Ordinance No. 07-2025
Page 8 of 27
1 In addition to any other method of enforcement, the city shall have the power to enforce
2 this article by an appropriate suit in equity.
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4 Secs. 110-410-110-420. Reserved.
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6 DIVISION 2. DEVELOPMENT PLANS
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8 Sec. 110-421. Application.
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10 The application sequence and nomenclature for each application level shall consist of a
11 prelimina ry develo p ment plan and final develo pment p lan processed in accordance with the
12 provisions of this article. for a residential planned 1::1nit development shall take the form as follows.
13 These 01::1tlines reflect the proced1::1res for preliminary plan application and final plan application
14 (this outline shows a two stage mcample):
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16 (1) Preliminary development plan.
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18 (2) Final development plan.
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~ Stage one.
1. Stage one, tract/\ site plan.
2. Stage one, tract B site plan.
3. Stage one, tract F site plan.
b. Stage two.
1. Stage t 11,•o, tract E site plan.
2. Stage two, tract C site plan.
3. Stage t•,a,,o, tract D site plan.
35 Sec. 110-422. Procedure for receiving approval of preliminary development plan and
36 tentative zoning.
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38 (a) Tentative development plan. Before submission of a preliminary application for approval
39 as a residential planned unit development zone, the developer and his registered engineer,
40 architect and site planner shall be re q uired to schedule a prea pplication meetin g are
41 encouraged to meet with the community develo p ment de partment building official and
42 such other personnel as necessary to determine the feasibility and suitability of 4is their
43 application. This step is re q uired encouraged so that the developer may obtain information
44 and guidance from city personnel before entering into any binding commitments or
City of Cape Canaveral
Ordinance No. 07-2025
Page 9 of 27
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incurring substantial expenses related to filin g an a pp lication under this article of site plan
preparation.
4 (b) Preliminary development plan application .
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6 (1) Preliminary application. A preliminary application shall be submitted to the planning
7 and zoning board by the developer requesting approval of the site as a residential
8 planned unit development zone. See subsection (b)(3) of this section . The preliminary
9 application shall contain the name of the developer, surveyor and engineer who
10 prepared the development plan and topographic data map and the name of the
11 proposed residential planned unit development. Nothin g herein shall preclude the
12 develo per from bypassin g. at its own ex pense and risk . the prelimina ry develo pment
13 p lan phase and proceedin g directl y to the final development p lan p hase. In such
14 case , the city staff will work with the develo per to ensure that the p relimina ry and final
15 develo p ment p lan app lication re q uirements are simultaneousl y satisfied without
16 du p lication . Simultaneous review also requires the develo per to satis fy all prelimina ry
17 and final develo p ment plan review criteria.
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19 (2) Exhibits. The following exhibits shall be attached to the preliminary application:
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a. Vicinity map indicating the relationship between the residential planned unit
development and its surrounding area, including adjacent streets and
thoroughfares.
b. Development plan that shall contain but not be limited to the following
information:
1. Proposed name or title of project and the name of the engineer, architect and
developer.
2. North arrow, scale of one inch to 200 feet or larger, date and legal description
of the proposed site.
3. Boundaries of tract shown with bearings, distances, closures and bulkhead
lines. All existing easements, section lines and all existing streets and physical
features in and adjoining the project and the existing zoning.
4. Name and location of adjoining developments and subdivisions.
5. Proposed parks, school sites or other public or private open space.
6. Vehicular and pedestrian circulation systems, including offstreet parking and
loading areas, driveways and access points.
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Ordinance No. 07-2025
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7. Site data, including tabulation of the total number of gross acres in the project,
the acreage to be devoted to each of the several types of primary residential
and secondary nonresidential uses and the total number of dwelling units.
8. Proposed common open space, including the proposed improvements and any
complementary structures and the tabulation of the percent of the total area
devoted to common open space. Areas qualifying for common open space
shall be specifically designated on the site plan.
9. Delineation of specific areas designated as a proposed stage.
10. General statement, including graphics, indicating proposed corridors of
drainage and direction, natural drainage areas, specific areas which are to
function as retention lakes or ponds, landsca pin g and tree removal. anticipated
method for accommodating runoff (curb and gutter, swales, other) and
treatment methods for discharge into area waterways for the site to ensure
conformity with natural drainage within the vicinity area or with the drainage
plan established within the vicinity area.
11. General location within the site of each primary residential and secondary
nonresidential use and the proposed amount of land to be devoted to
individual ownership.
12. Schematic drawing of the elevation and architectural construction of the
proposed primary and secondary nonresidential structures.
13. The proposed method of dedication and administration of proposed common
open space.
c. Topographic data map drawn to a scale of 200 feet to one inch or larger by a
registered surveyor or engineer showing the following:
1. The location of existing property lines both for private property and public
property, streets, buildings, watercourses, transmission lines, sewers, bridges,
culverts and drainpipes, water mains and any public utility easements.
2. Wooded areas, streams, lakes, marshes and any physical conditions affecting
the site.
3. Existing contours based on U.S. coast and geodetic data with a contour interval
of two feet and proposed finished elevations.
(3) Submittal.
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Ordinance No. 07-2025
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a. The residential planned unit development zoning application and preliminary
development plan shall be submitted to the planning and zoning board at least 14
43-days prior to any regularly scheduled meeting of the board.
b. The application shall include six black or blue line prints of the development plan.
or an electronic co py. of the proposed residential planned unit development and
a minimum of two copies of tAe .fil!Y_required exhibits. The plans shall be sealed by
a licensed en gineer or p rofessional.
(4) Application review. The preliminary development plan shall be reviewed formally by
the building official community develo pment de partment and city council to
determine the feasibility and suitability of the plan prior to the submission of the
residential planned unit development zoning application to the planning and zoning
board. The planning and zoning board shall then review the preliminary development
plan to determine its conformity with the official plans and policies of the city and the
requirements of this section . Upon completion of its review, the planning and zoning
board shall recommend to the city council the approval, approval subject to conditions
or disapproval of the preliminary development plan application.
(5) Review criteria . The decision of the planning and zoning board on the preliminary
development plan application shall include the findings of fact that serve as a basis for
its recommendation. In making its recommendation, the planning and zoning board
shall consider the recommendation of city staff, testimon y and evidence p resented by
the app licant and an y interested party. and the following criteria .faas:
a. Degree of departure of proposed residential planned unit development from
surrounding residential areas in terms of character and density. with consideration
g iven not onl y to minimizin g adverse im pacts but also to whether the p ro posed
develo p ment achieves a hi g her q uality of desi gn, architecture , and community
amenities than that found in surroundin g nei g hborhoods.
b. Compatibility within the residential planned unit development and relationship
with surrounding neighborhoods, reco g nizin g that com patibility ma y be achieved
either throu g h similarity or by establishin g a demonstrabl y hi g her standard of
desi g n. environmental performance , housin g diversity. or community amenities
that enhances the character of the area.
c. Prevention of erosion and degrading of surrounding areas.
d. Provision for future public education and recreation facilities, transportation, water
supply, sewage disposal, surface drainage, flood control and soil conservation, as
shown in the preliminary development plan.
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e. The nature, intent and compatibility of common open space, including the
proposed method for the maintenance and conservation of the common open
space.
f. The feasibility and compatibility of the specified stages contained in the
preliminary development plan to exist as an independent development.
g. The availability and adequacy of water and sewer service to support the proposed
residential planned unit development.
h. The availability and adequacy of primary streets and thoroughfares to support
traffic to be generated within the proposed residential planned unit development.
i. The benefits within the proposed development and to the general public to justify
the requested departure from the standard land use requirements inherent in a
residential planned unit development classification.
j. The conformity and compatibility of the residential planned unit development with
any adopted development plan of the city.
k. The conformity and compatibility of the proposed common open space, primary
residential and secondary nonresidential uses within the proposed residential
planned unit development.
(6) Review by city council. Upon receiving the recommendation of the planning and zoning
board, the city council shall, at a regularly scheduled meeting, review the
recommendation and preliminary development plan and either approve, approve
subject to conditions or disapprove the preliminary development plan application.
Approval of the preliminary development plan indicates tentative approval of the
residential planned unit development .Q@!J.:Zoning, subject to acceptance of the final
development plan and app roval of an ordinance rezonin g the pro perty to residential
p lanned unit develo p ment. The decision of the city council shall be based upon a
consideration of the facts specified as review criteria for the planning and zoning board
in subsection (b)(5) of this section . and if modifications from the land develo p ment
re g ulations are pro posed . the reasons provided by the app licant to justify and su pp ort
the modifications under the re q uirements set forth in section 110-445. The city
council's app roval of the p relimina ry develo pment plan does not constitute final
app roval of the zoning and the city council reserves the ri g ht to den y or im pose
conditions on the app roval of the zonin g and final develo p ment p lan in accordance
with the Cit y Code and other app licable law . The cit y council ma y also re q uire that
the app licant enter into a develo pment ag reement memorializin g in writin g an y of the
develop ment terms and conditions re q uired by city council .
City of Cape Canaveral
Ordinance No. 07-2025
Page 13 of 27
1 (7) Recordation of preliminary application. If the preliminary development plan application
2 is approved by the city council, a copy of the application and .Q.Oy_required exhibits
3 shall be filed with the city clerk as a permanent record .
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5 Sec. 110-423. Procedure for approval of final development plan.
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7 (a) Time limits . The developer shall have two .(ZLyears from the approval of the preliminary
8 development plan for a residential planned unit development zone in which to file a final
9 development plan application for the entire property or any stage thereof. The final
10 develo pment plan shall consist of a rezonin g app lication pursuant to Cha pter 110, Article
11 II, Division 2 of the Cit y Code , site p lan ap p lication p ursuant to Cha pter 110, Article VI of
12 the Cit y Code . and , if subdivision of the p ro perty is pro posed . a p relimina ry plat app lication
13 p ursuant to Cha pter 98 of the Cit y Code . and . if a com prehensive p lan amendment is
14 re q uired . a com p rehensive p lan amendment app lication pursuant to law. These app lication
15 materials shall be filed simultaneousl y and collectivel y constitute the final develo p ment
16 p lan app lication and if app roved shall be incor porated by reference as a condition of the
17 ordinance rezonin g the pro perty to Residential Planned Unit Develo pment (RPUD ). At
18 the request of the developer and for good cause shown, the city council may extend the
19 period required for filing the application for a time certain.
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21 (b) Application procedure.
22 (1) Preapplication conference. The applicant shall meet with the building community
23 develo p ment department to discuss the basic final development plan requirements
24 outlined in this division before submittal of the final development plan .
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(2) Submittal. If the app lications are deemed com p lete and review has been com p leted
by the community develo p ment de partment in accordance with the City Code and
other app licable law. +ihe final development plan shall be submitted to the planning
and zoning board at least 4.3-14._days prior to any regularly scheduled meeting of the
board.
(3) Recommendation . The planning and zoning board shall recommend the approval,
approval subject to conditions or disapproval of the final development plan based
upon substantial conformity with the preliminary development plan, the sufficiency
and accurateness of tAe .Q.Oy_required exhibits and the requirements and purposes of
thi!; diYision article and the com p rehensive p lan , ordinances and regulations of the city.
If the planning and zoning board determines that the final development plan is not
substantially in conformance with the approved preliminary development plan, the
planning and zoning board shall review the final development plan and determine the
acceptability of the plan in view of the preliminary concept as approved and recorded.
The planning and zoning board shall recommend the approval, approval subject to
change or disapproval of the final development plan.
City of Cape Canaveral
Ordinance No. 07-2025
Page 14 of 27
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(c)
(4) Review. The city council shall review the recommendations of the planning and zoning
board and related review standards set forth in sub para g ra ph (3) at a regular meeting
of the city council and shall approve, approve subject to conditions or disapprove the
applicable final development plan. The final develo p ment plan shall be app roved by
ordinance and shall thereafter be reflected as the zonin g desi g nation for the sub iect
p ro perty on the City's official zonin g ma p. The city council ma y also re q uire that the
app licant enter into a develo pment ag reement memorializin g in writin g an y of the
develo p ment terms and conditions re q uired by cit y council.
Request for approval; Applications e-mibits; recording; site plan. The final development
plan application may request approval for the entire residential planned unit development
or any stage designated in the preliminary development plan containing a minimum of
ten acres.
(1) Applications f.xRihits. The following applications e~Ehibits shall be attached to the final
development plan application:
a. Rezonin g app lication to rezone the pro perty to Residential Planned Urban
Develo pment (RPUD ) pursuant to Cha pter 110, Article II . Division 2 of the Cit y
Code;
b. If a com p rehensive p lan amendment is re q uired. a com prehensive plan
amendment app lication pursuant to Cha pter 58 of the Cit y Code and the Florida
Community Plannin g Act:
c. Site p lan application pursuant to Cha pter 110 . Article VI of the Cit y Code ; and
d. Where a p ro ject involves the subdivision of land into se parate lots . a prelimina ry
p lat app lication shall be submitted and reviewed concurrentl y with the site plan
p ursuant to Cha pter 98 of the City Code. The p relimina ry p lat shall ensure the
pro posed land division is le g al and recordable . while the site plan ensures the
p ro posed im provements ali g n with those divisions of land.
a. The following engineering dra•Nings depicting the detailed plans for services and
utilities to ser.m all tracts, bloclEs and other areas shall be provided.
1. The drainage plan shall indicate:
i. One foot interval contours based upon coast and geodetic datum.
11. Proposed finished elevation of each building site and first floor level.
iii. All 0>E1sting and proposed drainage control and treatment facilities,
including the method for nonpoint pollution source treatment, with siees,
grades and other appropriate structural or nonstructural specification.
iv. Proposed orderly disposal of surface water runoff.
City of Cape Canaveral
Ordinance No. 07-2025
Page 15 of 27
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v. Centerline ele 1v<ations along acf:jacent streets.
2. If deemed necessary by the city, subsurface conditions within the property,
including the location and results of tests made to ascertain the conditions of
subsurface soil, rock and groundwater, and the mcisting depth of groundwater.
3. Typical cross section of proposed grading, streets and sidev.ialks, swales,
retention ponds and lalEes, canals and waterways.
4. Proposed type of pavement in accordance with city specifications.
5. Layout of 'Nater distribution, sanitary se·Ner and storm drainage systems, with
grades and sizes indicated.
6. Final engineering dravt'ing of •,•.«ater, sanitary sewer and storm drainage systems
and sidewalks, streets, bulkheads, street name signs and adequate lighting.
The engineering plans shall be in conformity with the requirements and
specifications of the city. /\II dimensions shall be one inch equals 50 feet and all
angles shall be to the nearest minute.
The final de1o1elopment plan shall contain the following information:
1. Dedication by owner and completion of certificate of sur.ieyor.
2. The location and dimensions of each primary residential, secondary
nonresidential and open space/recreational tract, including each tract's points
of ingress and egress. The legal description of each of such tracts and the
specific number of units, including the range of unit types to be constructed
within each tract. These items will be affowd to the original linen drawing for
recording purposes.
3. Location and ·1,idth of canals and waterways .
4. The location, dimensions and legal description of each reservation, easement,
street or any area to be dedicated to public use.
5. §iufficient data to determine readily and reproduce on the site the location,
bearing and length of e1o1ery street, line, lot line, boundary line, block line and
tract line, whether curved or straight.
6. The radius, central angle, point of tangent, tangent distance and arcs and
chords of all curved property lines.
City of Cape Canaveral
Ordinance No. 07-2025
Page 16 of 27
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7. A legal description of the residential planned unit de 1v<elopment boundaries,
·,•,rith bearings, distances and tie point.
8. /\ccurate location and description of all monuments and markers.
/\n original linen dra·A<ing in India inlc of the final de1o1elopment plan shall be filed
plus five black or blue line prints. /\II dimensions should be one inch equals 100
feet, and angles shall be to the nearest second. The final development plan shall
be properly signed and e><ecuted by the developer as required for recording. The
final de·v<elopment plan shall meet the platting requirements of F.S . ch. 177 and all
requirements and conditions applicable to city subdivision plats required to be
performed or met prior to recordation, including but not limited to installation and
completion of improvements or posting of applicable performance and
maintenance bonds.
c. The development schedule shall contain the following information:
1. The order of construction of the tracts and blocks as delineated in the stage
development plan.
2. The proposed dates for the beginning of construction of the tracts and blocks .
3. The proposed date for the completion of construction of the tracts and blocks.
4. The proposed schedule for the construction and improvement of common
open space with the stage, including any complementary buildings.
d. Deed restriction proposals to preser1o1e the character of the common open space
as set :forth in this subsection. The deed restrictions shall include a prohibition
against partition by any residential property m•mer.
e. If the developer elects to use an association or a nonprofit corporation to
administer common open space, the proposed bylaws of the association or the
certificate of incorporation and the corporate bylaws of the nonprofit corporation
shall be submitted for approval by the city.
f. Instruments dedicating all rights of way, easements and other public lands sho·,•,•n
on the final de·,•elopment plan from all persons having any interest in the land.
g. /\ bill of sale, conveying to the applicable authority water and sewer utility lines,
mains, lift stations and other personal property required to be installed by this
di1.iision.
City of Cape Canaveral
Ordinance No. 07-2025
Page 17 of 27
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h. Instruments indicating that all necessary offsite easements or dedications ha¥e
been acquired . In lieu of originals, certified true copies will be accepted if the
recording information from the public records of the county is included thereon .
i. /\ title opinion from an attorney showing the status of the title to the site
encompassed by the final development plan and all liens, encumbrances and
defects, if any.
(2) Recerding. Recording of final development plan shall be as follo·Ns:
a. After apprm,,al by the city council of the final development plan application, the
developer shall record the plan in the public records of the county. No final
de 1•1elopment plan of a residential planned unit de¥elopment within the city shall
be recorded, unless it shall ha 1re the appro•.ial of the city council inscribed thereon.
b. The transfer of, sale of, agreement to sell, negotiation to sell land by reference to
or eJEhibition of or other use of a final de't•elopment plan of a residential planned
unit development or portion thereof that has not been given final approval by the
city council is prohibited. The description by metes and bounds in the instrument
of transfer or other documents shall not e>wmpt the transaction from such
prohibition.
(3) Site plans. Submittal and appro't•al of a site plan in conformity with this subsection shall
be required of the fieveloper or O'Nner at the same time he is applying for a final
development plan.
a. The site plan shall contain the following information, however, the information
required may not be limited to these information items. No site plan shall be
accepted for review which does not contain all the information as follows:
1. The site plan shall have a title affoced which is consistent with the application
nomenclature outlined in section 110 422.
2. The name of the o•,•,•ner and the designer, engineer and architect responsible
for the design of the proposed tract development.
3. For each tract site plan, a vicinity map indicating the tract's general location
within the total area of the residential planned unit development.
4. Special requirements specified at either the preliminary or final development
plan application steps, if any.
5. Date, north arroYl and graphic scale, not less than one inch equals 50 feet.
City of Cape Canave ral
Ordinance No. 07-2025
Page 18 of 27
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6. /\ tabulation of certain data as follows:
1. Gross acreage.
ii. Density.
iii. Number of units proposed.
i1,. Percent of the tract covered by structures.
v. Floor area of dwelling units.
vi. ~Jumber of proposed parking spaces.
7. Location of the tract in relation to properties adjacent to it which are not part
of the residential planned unit de¥elopment and the location of any screening
or buffers on such properties.
8. Location and dimensions of all property lines, e*isting rights of way, utility
drainage easements and mEisting streets.
9. Location and dimension of all OlEisting and proposed pavement driveway
approaches, sidewallEs, bike 1Nays, curbs and gutters .
10. Location and dimension of all mdsting and proposed parking areas and loading
areas.
11. Location and dimensions of all m<isting and proposed fire hydrants, meters,
water and se•Ner lines and subsurface power lines .
12. Location, si:2e and design of landscaped areas, including any mdsting trees.
13. Location and si:2e of any lakes, ponds, canals or other 1;•;aters or waterways.
14. All structures and major features fully dimensioned, including setbaclEs and
distances between structures.
15. Location and dimensions of all solid waste disposal sites for placement of
receptacles.
16. engineering plans as described in the final development plan procedures. The
drainage plan shall be consistent 1Nith the 0 1.ierall drainage plan approval for
the final development plan.
b. The city council shall approve a residential planned unit development site plan if it
meets all the requirements stated in this subsection and is consistent 'Nith the
approved final development plan. Upon the site plan being approved and a building
permit being issued, the development shall be built substantially in accordance with
the site plan and the associated specifications. If after such appro1,al the owner or
City of Cape Canaveral
Ordinance No. 07-2025
Page 19 of 27
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applicant or his successors desire to make any changes to the site plan, such changes
shall first be submitted to the community de1relopment department building official. If
the building official department director deems that there is a substantial change or
deviation from that which is shovm on the approved site plan, the owner or applicant
or his successors shall be required to return to the planning and :rnning board and the
city council where it is determined that the public interest warrants the return. Upon
final approval of the site plan, a designation of such approval shall be incorporated on
the official zoning map of the city, and the approval shall become a binding condition
on the use of the land encompassed by the approved site plan under the applicable
residential planned unit de1relopment zone.
c. Upon approval of the final development plan, the developer may sell or transfer
any separately identified parcel or tract of land within the boundaries of the final
development plan not designated as common open space or areas specified for
the use of all owners within the residential planned unit development. However, if
the p ro iect re q uires a subdivision p la t no sale or transfer of an y such parcel or tract
shall occur until the final p lat has been a pp roved by the City and dul y recorded.
19 Secs. 11 0-424-110-43~. Reserved.
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21 DIVISION 3. LAND USE REGULATIONS
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23 Sec. 110-435. Flexibility and Modifications by Council A pp roval
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25 (a) The land use re gulations set forth in this division shall app ly to all residential p lanned unit
26 develo p ments unless ex p ressl y modified by the cit y council as part of the app roval of a
27 specific RPUD ordinance. As a le g islative act of the city council, the RPUD ordinance shall
28 constitute a land develo pment re g ulation for the p ro perty sub ject to the ordinance and
29 shall p revail over an y conflictin g provision of the Code with res pect to the sub ject pro perty.
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31 (b) Notwithstanding subsection (a), the minimum pro perty size and dwellin g unit re q uirement
32 of Section 110-436 and the maximum density standard of Section 110-437 shall not be
33 sub ject to modification in order to ensure a nei g hborhood-scale pro ject that can
34 reasonabl y su pp ort the common o pen space , amenities , and infrastructure im p rovements
35 re quired by this article.
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37 (c) All re q uests for modifications must be clearl y stated in writin g to the cit y by the applicant
38 as part of the p relimina ry and final develo pment plan application p rocess . Modifications
39 not ex pressl y re q uested by the app licant and app roved by the cit y council shall not be
40 deemed g ranted . All app roved modifications shall be ex p ressl y shown or described on
41 the p relimina ry and final develo p ment p lans and shall be ex pressl y incor porated and
42 specificall y identified in the ado ptin g RPUD ordinance. The app roved modified re g ulations
43 set forth in the RPUD ordinance shall constitute a le g islative act of the cit y council and
City of Cape Canaveral
Ordinance No. 07-2025
Page 20 of 27
1 le g all y bindin g zonin g re g ulations and shall be enforceable ag ainst the p ro perty in the
2 same manner as all other zonin g re g ulations set forth in the City Code .
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4 (d) When considerin g modifications to the land use re g ulations , the city council ma y authorize
5 such modifications if it determines that when incor porated into the overall develo pmen t
6 the modifications:
7 l Are consistent with the stated p urp ose and intent of the RPUD district
8 2. Promote a hi g her g ualit y of desi g n, architecture , landsca p in g. resilience and
9 sustainabilit y, or community amenities than would otherwise be achieved :
10 3. Enhance o pen space , recreational o pp ortunities, access to the Banana River and
11 Atlantic Ocean . or environmental p rotection within the develo pment;
12 4. Im prove the efficienc y of land use , circulation , or infrastructure without creatin g
13 adverse im pacts on surroundin g pro perties :
14 5. Maintain the public health . safet y. and general welfare of residents and
15 surroundin g nei g hborhoods: and
16 6. Advance other app licable goals , ob jectives , or policies of the City's Com prehensive
17 Plan.
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19 Sec. 110-436. Minimum size and scale of RPUD.
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21 The minimum size for a residential planned unit development shall be four (4 ) te-R acres. Each
22 RPUD shall p rovide for the develo p ment of not fewer than fifteen (15 ) dwellin g units.
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24 Sec.110-437. Maximum and minimum density.
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26 (a) The average density permitted in each residential planned unit developn:ient shall be
27 established by the city council, upon recommendation of the planning and zoning board.
28 The criteria for establishing an average density includes mcisting 2:oning , adequacy of
29 mcisting and proposed public facilities and services, site characteristics and the
30 recommended density of any land use involving the area in question. In no case shall The
31 maximum density permitted in an RPUD shall be determined by the p ro pert y's residential
32 future land use desi g nation. but in no case shall the maximum density exceed fifteen 1151
33 dwelling units per acre, and in no case shall the overall number of dwelling units permitted
34 in the residential planned unit development be inordinately allocated to any particular
35 portion of the total site area. Dwellin g units ma y be distribute d within the RPUD in va ry in g
36 lot sizes , clusters , or housin g t ypes , so lon g as the overall density for the entire RPUD site
37 does not exceed the maximum permitted.
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39 (b) In addition to the maximum density standard , each RPUD shall be develo ped at no less
40 than three and three-q uarters (3.75 ) dwellin g units per g ross acre , unless the cit y council
41 determines that a lower density is justified based on uni g ue site conditions , environmental
42 features , or consistenc y with the Com prehensive Plan. If a developer elects to develop the
43 property in stages, the cumulative density with each subsequent stage must be
44 apprmcimately the same as the overall density approi.1ed for the entire project, in that such
City of Cape Canaveral
Ordinance No. 07-2025
Page 21 of 27
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cumulative density shall not ,.,ary upward more than two units per acre and that upon
completion of all stages the final density shall be equal to the density approved in the
preliminary development plan.
5 Sec. 110-438. Minimum common recreation and open space.
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7 (a) As used in this section, the term "common recreation and open space" means the total
8 amount of improved or unim proved usable area, including outdoor space, permanently
9 set aside and designated on the site plan as recreational or open space for use by residents
10 of the residential planned unit development.
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12 (b) Twenty-five percent of the gross site acreage shall be delineated as tracts for common
13 recreation and open space.
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15 (c) Common open space shall be integrated throughout the residential planned unit
16 development to provide for a linked recreational and open space system . Such usable
17 space may be in the form of active or passive recreation areas, including but not limited
18 to: playgrounds, golf courses, beach and river frontage, nature trails and lakes. Common
19 open space shall be improved to the extent necessary to complement the residential uses
20 and may contain compatible and complementary structures for the benefit and enjoyment
21 of the residents of the residential planned unit development. Easements, parking areas,
22 perimeter setback areas, road rights-of-way and minimum yards and minimum spacings
23 between dwelling units may not be included in determining open space. Perimeter setback
24 areas may be included as open space if improvements such as bikeways and
25 pedestrianways are provided. Ocean and river fronta g e and an y wWater bodies may be
26 used to partially fulfill common open space requirements if safel y accessible for the
27 recreational use and en jo yment of the residents of the residential p lanned unit
28 develo p men t; calculations for such may not exceed 50 percent of the required open space
29 unless otherwise app roved by the cit y council based on the q uality and convenience of
30 the access for future residents. The exclusion of water bodies which are in whole or part
31 drainage easements may be waived by the city council after adequate measures are
32 provided which guarantee in perpetuity a level of water quality acceptable for recreational
33 purposes. Private navigable canals shall not be utilized in fulfilling the common open space
34 requirement. If golf courses are used to partially fulfill common open space requirements,
35 calculations for such may not exceed 60 percent of the required open space . Where a golf
36 course is utilized to partially fulfill the open space requirement, other facilities to meet the
37 active residential needs of children and adults shall be provided. All water areas (excludin g
38 ocean and river fronta ge) included as part of the open space requirement shall be
39 permanent water bodies and shall be improved with 3:1 minimum sloped edge extending
40 at least 20 feet into the water areas and planted with grass and maintained around all sides
41 so as not to harbor mosquitoes, insects and rodents, unless it is determined by an
42 environmental review of the water body that such slope or improvements would be
43 detrimental to the ecology of such water body site . Ocean and river fronta g e included in
44 the o pen space re q uirements must have p lanned and develo ped access that is safe ,
City of Cape Canaveral
Ordinance No. 07-2025
Page 22 of 27
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convenient. and available to all residents of the planned develo pment. as shown on the
final develo pment p lan approved by the city council so that residents can utilize the ocean
or river for recreational use and en jo yment. Such access area is sub ject to permanent
p rotection throu g h easement. dedication , or other le gall y bindin g mechanism ensurin g it
remains available for common use.
7 Sec. 110-439. Minimum lot area; frontage; setbacks; accessory uses.
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9 (a) The minimum lot size for a detached single-family structure in the residential planned unit
10 development sh al I be an area not less than 6,000 square feet and having a width of not
11 less than 60 feet. The minimum lot size may be waived by the city council if the proposed
12 lots all have substantial relationship to the common open space (e.g., directly adjacent or
13 abut a common open space area) and the arrangement of dwelling units provides for
14 adequate separation of units and the living area of the dwelling units is properly related
15 to the configuration of the proposed lots . All lots to be platted at less than 7,500 square
16 feet shall have the location of structures set forth on the final development plan.
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18 (b) Each dwelling unit or other permitted use shall have access to a public street either directly
19 or indirectly via paved road, pedestrian way, court or other area dedicated to public or
20 private use of common easement guaranteeing access. Permitted uses are not required to
21 front on a public dedicated road. The city shall be allowed access on privately owned roads,
22 easements and common open space to ensure the police and fire protection of the area
23 to meet emergency needs, to conduct city services and to generally ensure the health and
24 safety of the residents of the residential planned unit development.
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26 (c) Minimum distances between structures and setbacks shall be as follows:
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28 (1) For a single-family detached structure, the structure shall set back not less than eight
29 feet from the side lot lines and not less than 15 feet from the rear lot line. On a corner
30 lot, the side street setback shall be not fess than 25 feet. The city council may, upon
31 recommendation of planning and zoning board, reduce the required side setbacks and
32 the distances between structures, provided that proposed structures do not abut utility
33 easements or otherwise affect the ability to provide and maintain utility service to each
34 lot, to provide the usage of zero lot line application and other innovative building
35 techniques . Other accesso ry structures, excludin g fences , shall be set back a minimum
36 of 5 feet from side lot lines.
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38 (2) Between structures of two stories or less, 15 feet.
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(3) Between structures of three stories, 20 feet.
(4) Between structures of four stories, 25 feet.
(5) Between structures over four stories, five feet for each additional story.
City of Cape Canaveral
Ordinance No. 07-2025
Page 23 of 27
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2 (6) Between structures of varying heights, the larger distance separation shall be required.
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4 Buildings shall not exceed forty-five feet in hei g ht the ma><imum height allowed in the
5 :z:oning district in which they are constructed.
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7 (d) Setbacks required between the nearest part of any building wall and the edge of any public
8 right-of-way or private street pavement shall be 25 feet, unless waived by the city council
9 based on the recommendation of the planning and zoning board. A minimum 25-foot
10 setback shall be maintained between the walls of all structures and the property line along
11 the perimeter· of the residential planned unit development, unless waived by the city
12 council.
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14 (e) On property bordering the ocean, a minimum of 25 percent of the frontage shall be left
15 open as breezeway.
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17 (f) On property bordering the ocean, all structures shall be set back at least 50 feet from the
18 bluff line or vegetation line, whichever is greater, provided such setback is also subject to
19 the coastal setback line established by the state department of environmental protection.
20 On all property bordering other major waterways, all structures shall be setback at least
21 25 feet from the established shoreline. This setback shall be free of all uses.
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23 Sec. 110-440. Maximum length of structures.
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25 In a residential planned unit development, the maximum length of a structure shall be 185
26 feet, unless an e><cess is specifically authorized by the city council, as recommended by the
27 planning and zoning board.
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29 Sec. 110-441. Minimum floor area.
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31 In a residential planned unit development, the minimum floor area per unit shall be as
32 follows:
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34 (1) Single-family dwellings, attached or detached, unless 1,•,1ai>.,1ed by city council, 1,100
35 square feet.
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(2) Duplex, 750 square feet.
(3) Multi-family dwellings:
a. Efficiency, 450 square feet.
b. One bedroom, 650 square feet.
City of Cape Canaveral
Ordinance No. 07-2025
Page 24 of 27
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c. Two bedrooms, 750 square feet.
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d. Three bedrooms, 950 square feet.
5 Sec. 110-442. Offstreet parking.
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7 In a residential planned unit development, offstreet parking shall be provided as follows:
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9 (1) For primary residential uses, a minimum of tAfee two parking spaces per dwelling
10 unit shall be provided, unless a reduction in parking is specifically authorized by
11 the city council as recommended by the planning and zoning board . Each space
12 must contain at least -lW 162 square feet of area, shall conform to offstreet parking
13 dimensional requirements as set forth in section 110-494, and shall be convenient
14 to residential use. Parking areas shall not be separated from associated structures
15 by any public right-of-way. Parking areas shall be landscaped in accordance with
16 section 110-567.
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18 (2) Where the residential planned unit development consists of single-family detached
19 dwellings on platted lots of less than 6,600 square feet, the developer may be
20 required to provide an approved designated common area for the parking of
21 campers, travel trailers, recreational trailers and vehicles, boats and boat trailers
22 and other similar vehicles.
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24 Sec. 110-443. Underground utilities.
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26 (a) Within the residential planned unit development, all utilities, including telephone,
27 television cable and electrical systems, shall be installed underground. Primary facilities
28 providing service to the site of the residential planned unit development may be exempted
29 from this subsection. Large transformers shall be placed on the ground and shall be
30 contained within pad mounts, enclosures or vaults.
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32 (b) The developer must provide landscaping with shrubs and plants to screen all utility
33 facilities permitted above ground. The planning ans zoning boars city council may require
34 that substations be screened by trees and shrubs or walls resembling a structure which is
35 compatible with the design of the buildings within the residential planned unit
36 development.
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38 Sec. 110-444. Development standards.
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40 The minimum construction requirements for streets or roads, sidewalks, sewer facilities,
41 utilities and drainage im provements in the residential planned unit development shall be in
42 compliance with the requirements of this chapter and chapter 82 pertaining to buildings. Design
43 requirements •Nith respect to streets, sisewalks ans drainage may be wai 1v1es by the city council
44 upon the recommendation of the planning ans zoning boars.
City of Cape Canaveral
Ordinance No. 07-2025
Page 25 of 27
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2 Sec. 110-445. Preservation of trees.
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4 Within the residential planned unit development, trees shall be preserved in accordance
5 with section 102-36 et seq.
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7 Secs. 110-446-110-455. Reserved.
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9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
10 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
11 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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13 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
14 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
15 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
16 and like errors may be corrected and additions, alterations, and omissions, not affecting the
17 construction or meaning of this Ordinance and the City Code may be freely made.
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19 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
20 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
21 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
22 be deemed a separate, distinct and independent provision, and such holding shall not affect the
23 validity of the remaining portions of this Ordinance.
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25 Section 6. Effective Date. This Ordinance shall become effective immediately upon
26 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
27 Charter.
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[Adoption Page Follows]
City of Cape Canaveral
Ordinance No. 07-2025
Page 26 of 27
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ADOPTED by the City Council of the City of Cape Canaveral , Florida , this 18t h day of November,
2025 .
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6 Wes Morrison, Mayor
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9 ATTEST :
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13 Esther Coulson, MMC, ity Clerk
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21 First Reading: October 21, 2025
22 Advertisement: October 29, 2025
23 Second Reading: November 18, 2025
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Kay Jackson
Wes Morrison
Tom Shoriak
Don Willis
Vacant Seat
30 Approved
31 for the ty
to legal form and sufficiency
Ca e Canaveral only by:
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34 Anthony A. Garganese, City Attorney
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City of Cape Canaveral
Ord i nance No. 07-2025
Page 27 of 27
For
/
/
/
/
(No Vote)
Against
Motion
Second