HomeMy WebLinkAboutOrdinance No. 09-2005RESCINDED BY MOTION AT 9/20/2005 REGULAR COUNCIL MEETING
ORDINANCE NO. 09 -2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN
TEXT AMENDMENT, WHICH SHALL AMEND THE
COMPREHENSIVE PLAN RELEVANT TO THE FUTURE
LAND USE ELEMENT TO ALLOW FOR MIXED -USE
DEVELOPMENT; PROVIDING FOR TRANSMITTAL OF
THE PLAN TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, the City desires to amend the Future Land Use Element of its Comprehensive
Plan to allow for mixed -use development in commercially zoned areas; and
WHEREAS, mixed -use development is intended to provide for a variety of residential and
commercial land uses in a way that assures internal and external compatibility of uses; and
WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed
public hearing, in accordance with the procedures in chapter 163, Florida Statutes, on the proposed
Comprehensive Plan amendments and considered findings and advice of staff, citizens, and all
interested parties submitting written and oral comments and has recommended adoption to the City
Council; and
WHEREAS, the adoption of this Comprehensive Plan Text Amendment, is consistent with
the Goals, Objectives and Policies of the City's adopted Comprehensive Plan; and
WHEREAS, the Comprehensive Plan amendments adopted by this Ordinance comply with
the requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act and the amendments are in the best interests of the public health, safety, and welfare
of the citizens of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 09 -2005
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS AS FOLLOWS:
Section 1 . Recitals. The foregoing. recitals are true and correct and are fully
incorporated herein by this reference.
Section 2 . Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Local Government Comprehensive Planning and Land Development Regulations Act,
sections 163.3184 and 163.3187, Florida Statutes.
Section 3 . Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Cape Canaveral's Comprehensive Plan.
Section 4 . Adoption of Amendments to Comprehensive Plan. The City of Gape
Canaveral Comprehensive Plan, Future Land Use Element, is hereby amended as reflected in Exhibit
"A ", attached hereto and fully incorporated herein by this reference. (Underlined type indicates
additions and s tr ikeout type indicates deletions, while asterisks ( * * *) indicate a deletion oftext from
the Comprehensive Plan. It is intended that the text denoted by the asterisks shall remain unchanged
from the language existing prior to adoption of this Ordinance).
Section 5 . Repeal of Prior Inconsistent ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6 . Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 7 . Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendments adopted by this ordinance, said Amendments shall be
incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8 . Effective Date and Legal Status of the Plan Amendments. The effective
date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final
order is issued by the Florida Department of Community Affairs, or the Administration Commission
finding the Amendments in compliance with section 163.3184, Florida Statutes. No development
City of Cape Canaveral
Ordinance No. 09 -2005
Page 2 of 3
orders, development permits, or land use dependent on these Amendments may be issued ar
commenced before the amendments become effective. If a final order of noncompliance is issued
by the Administration Commission, the Amendments may nevertheless be made effective by
adoption of a resolution affirming its effective status. After and from the effective date of these
Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Cape
Canaveral Comprehensive Plan and become a part of that plan and the Amendments shall have the
legal status of the City of Cape Canaveral Comprehensive Plan, as amended.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2005.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Bob Moog �w
Jim Morgan
Rocky Randels
Buzz Petsos
Burt Bruns
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canavcral
Ordinance No. 09 -2005
Page 3 of 3
Exhibit "A" Ordinance 09 -2005
Cape Canaveral Comprehensive Plan
Future land use Element
Objective LU -S;
The City shall work toward the use of innovative land development regulations. The
measurement of this Objective is the extent to which innovative land development
techniques are allowed and the degree to which the following Policy is implemented.
Policy LU -8.1
The City shall allow planned unit developments (PUD's) with proper review, using the
following specific criteria:
1. The PUD is an area of land developed as a single entity, or in approved
stages, in conformity with a final development plan which is intended to
provide for a variety of residential and compatible uses and common
space.
2. The PUD is a concept which permits variation in residential
developments by allowing deviation in lot size, type of dwelling, density,
lot coverage, open space , and limited commercial uses, from that required
for any one residential land -use classification under the zoning
regulations.
3. PUD procedures and standards will have the following objectives:
A. Accumulation of large areas of usable open spaces for
recreation and preservation of natural amenities.
B. Flexibility in design to take the greatest advantage of
natural land, trees, historical and other features.
C. 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.
D. 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 of
Cape Canaveral.
E. Efficient use of land which may result in smaller street
and utility networks and reduce development costs.
F. Establishment of criteria for the inclusion of compatible
associated uses to complement the residential areas within
the planned unit development.
G. 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.
H. PUD should utilize economical and efficient use of land,
utilities and streets and other infrastructure.
Policy —LU - 8.2 Mixed Planned Unit Developments
A mix of uses may be ermitted within a Planned Unit Development
under the following conditions:
1. Mixed PUD's maY only be avproved on parcels designated as C -1. or
R -3 on the Future Land Use Mqp located either with direct frontage on
or a portion of the parcel havinR land within 300' of AIA.
2. Commercial and Residential land uses shall be defined within the Land
Development Regulations.
3. Parcels must be a total of 10 acres in common ownershiD and not
separated by any land mass..
4. Density, Intensily and Development Ratios shall _ be governed as
follows:
Land Use
Development
Gross
Gross
Type
Ratios
Density
Intensity
Not less than
*12 15
50% lot
r l
Residential
80 %
to
DU PA
coverage
No greater than
Commercial
20%
*Maximum density for residential land uses shall not exceed 15 dwelling units per acre.
The Planning Commission may recommend and City Council approve awarding
additional units based upon performance standards, such as architectural and site design
features, as specified in the Land Development Regulations from those set forth in the
table not to exceed 15 dwelling units per acre.
5. The Land Develo ment Re lations shall setforth standards and
regulations to control development within a.mixed PUD.
5. Mixed PUD's shall be - p rimarilv residential. Percentage of uses shall
be as follows:
a. Residential uses shall not be less than 80%
b. Commercial uses shall not be pareater than 20 %
7. No commercial uses shall be within 300 feet of the Banana River or
2, 500 Leet o the Atlantic Ocean shoreline.
8. Architectural and site desi features shall be specified within the
Land Development Reg ulations for use in all mixed PUD's. The
MPUD shall have an integrated and consistent ,architectural style
throughout the whole development. The _ design standards for the
MPUD shall be a raved as art of the MPUD zonin .
9. A Homeowner's or Condominium Association shall be created for
both residential and commercial uses /lands to provide maintenance of
all private utilities or streets.
10. �Development Agreements or binding site plans may be used br� the
City and Developer as a means to effect conditions related to a specific
ro' ect.
" Ik%I "IENAT14INAI.A
Ile'veloloemest Cor I ofortation
G'reene For the attention of- R�:sz�lc�tial and Comrnercral Property Developer
"' m r - " 11154 L Mr. Bennett C. Boucher
City Manager
City of Cape Canaveral
ion Polk Ave
Cape Canaverai F1 3292o August 25h 200
Dear Bennett,
ORICI
Further to my emaiI last Wednesday, I have now had the opportunity to in,
detail with my tear how I wish to move forward with Mermaid Ke
It appears to me that to continue Ming to get a Mixed Use PU D in the of Ca
. � Pe
C aaveral is gong to take many many more months (possibly ears) of discussion
with the powers that be within the City.
You are aware that it has already taken almost :LS mouths and a fmancial
investment on my behalf of over $:Z50,00o. with this is mind and the dauntin
you t of what lies _ g
esahead with the present �.d set within various cit boards. I
0
i
genumely feel that f I continue on this ess task I will be throwiu good
money after bad.
g g
tv'reene
t U=
Therefore, I have decided, as there is an - g PUD ordinance established within
the City, I intend to use it and hopefiflly std bind a beautiful vfflag emlike ..
de`relopment . on tbzs land, albeit without any commercial units.
This being the ease, please accept this letter as my conf=ation that I am
wI hdrawing my request for a NYUD to be sent to Tallahassee on my companies
behalf, obviously it is up to the city as to whether they wish to proceed or not.
At this time, I would lke to fommIly thank you and both the Todd's for their
valuable and very profess onal input over the months. I any sure that most
residents do not know how important your jobs are within the city. without the
three of your and the Mayor, I hate to think where the city would be today.
This now fwalizes my efforts to create a NPUD in Cape Canaveral but I look
forward to worldng with ah of you, creating this new PUD which wdl hope&W stM
allow me to std create an a citing and beautiful development in the City of Cape
Canaveral.
Sincerely
MA= -GREENE MNAEA Y
. !MMMA
President
World Neadquancrs:
5604 No - U A Coco. Beach. Rarida 32931 [: Tel: - 32 1 1 , 99-0799 F 3? 1 -799 -U � 91 Ettiai1: grccnc @�Dreenc: ntt.muion:�l.com
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