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Home My WebLink AboutPacket 07-06-2010 RegularCity of Cape Ca \}:'' /2\ CITY COUNCIL MEETING AAVERAL LIBRARY MEETING ROOM 201 Polk Avenue Tuesday July 6, 2010 7:0 O PW W W111111y AFAR sm�d»»«�; w M. i The Council may schedu,le such items as regular agenda items and act upor heroin the future. 105 Polk Avenue - Post Office Box 326 Cape Canaveral, q.32920 -0326 Telephone: (3,21) 868-12,20 Fax: (32\868-1248 Nvww.cityofcapecanaveral.org - emecanaveral@cfl.rr.com City of Cape Canaveral, Florida July 6, 20l G Page 2 oft 745 p.m. — 750 p.m. Approve Contract Addendum with Brewer Paving and Development, Inc. — Ridgewood Improvements Project. 2. Approve 2010-2011 School Resource Officer Contract with the City of Cocoa Beach, Florida. 3. Approve a letter to the Space Coast Transportation: Planning Organization (TPO) regarding the 2010 Request for State and Federal Transportation Funding and authorize the Mayor to execute same. 1• — 8.- 15 p.m. 4. Motion to ApproveiOrdinance No,.06-201 0, Allowing Commercial ParkirN Facilities as a Special Exception Use in C-1, C-2, and M-1 Zoning Districts; Incorporation into the Code; Severability; and an Effective Dat at First Reading. I & 15 p. 9:30 p. 5. Discussion of Proposed EAR Based Amendments to the Intergovernmental Coordination and Housing Elements of t Comprehensive Plan. I 1@11,111 INFIR11 Boom= Eumm�� 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 City Council 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. Persons with disabilities needingas§istance to participate in any of these proceed'ings should contact the City Cierk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 6, 2010 Item No. Subject: Contract Addendum with Brewer Paving and Development, Inc. — Ridgewood Avenue Improvements Project Department: Public Works Summary: The Florida Department of Transportation (FDOT) is anticipating an audit concerning all of the roadway projects receiving Federal stimulus funds (telephone conversation between Jeff Ratliff, City of Cape Canaveral [City], and Trent Carmichael, FDOT). In reviewing the two contracts for the Ridgewood Avenue Improvements Project (Phase 11111 is one contract and Phase II is one contract), the FDOT determined that the contract language for the Phase 11 portion of the project (paving activities) was not in accordance with FDOT guidelines - the Contract Time portion was incorrect (i.e., the start/finish dates for the Phase II contract were the same startlfinish dates as in the Phase 1/111 contract and were, therefore, incorrect since Phase 11 activities will occur after the completion of Phase I/Ill activities). Proposed language for the revised Phase II portion of the contract is attached as a contract addendum -- this language includes a start date no later than November 15, 2010 for the Phase II portion of the project (paving activities). No changes are proposed for the Phase 1/111 contract. Requested Council Action: Review, discuss (if any), and approve the proposed contract addendum for Phase II of the project (paving activities) between the City and Brewer Paving and Development, Inc. Financial Impact: No financial impact — this is a "housekeeping" task at the request of the FDOT prior to their audit for Federal stimulus fund projects. Attachments: Supporting Documents Reviewed: 1). Page 2 of the existing contract for Phase 11 of the project (paving activities). 2). Addendum to Phase 11 Ridgewood Avenue Improvements Construction Agreement (includes revised language defining start/finish dates for the Phase II contract). Submitting Department Head: Date: 06/28/10 Approved by City Manager: Date: 6 `J � fro City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Page 2 PHASE E RIDGEWOOD AVENUE ]MPROVEMENTS PROTECT material, article. or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a detemaination before CONTRACTOR uses the substitute. 5. CONTRACT TIME - The CONTRACTOR shall begin work no later than February 10, 2010 and shall be substantially complete (i.e. complete with only final punch list items remaining) 335 consecutive calendar days thereafter. CONTRACTOR shall fully complete the work within 365 consecutive calendar days from February 10, 2010. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 6. LIOUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this -Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER willpay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Four Hundred Thirty -Five Thousand Seven Hundred Thirty -Seven and 001100 Dollars (5435,737.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have ADDENDUM TO PHASE H RIDGEWOOD AVENUE IMPROVEMENTS CONSTRUCTION AGREEMENT THIS ADDENDUM TO CONSTRUCTION AGREEMENT ("Addendum") is made this day of _ , 2010 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation ('OWNER'), whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and BREWER PAVING & DEVELOPMENT, INC., a Florida corporation, ("CONTRACTOR"), whose address is 3190 Grissom Parkway, Cocoa, Florida 32926, as follows: WITNESSETH: WHEREAS, Owner and Contractor entered into a Construction Agreement for Phase II of the Ridgewood Avenue Improvements ("Agreement"); and WHEREAS, the parties desire to modify the Agreement's Contract Time to address revisions to the start and finish dates for Phase II of the Ridgewood Avenue Improvements; and WHEREAS, Section 33 of the Agreement requires that any modification to the Agreement shall be made in writing and executed by both parties; and WHEREAS, the parties desire to memorialize their mutual understanding regarding the modification of the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby agree as follows: I. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference as a material part of this Addendum. 2. Modification to Agreement. Section 5, CONTRACT TIME, of the Agreement is hereby deleted and replaced in its entirety with the following provision: 5. CONTRACT TIME — The CONTRACTOR shall begin work no later than November 15, 2010 and shall be substantially complete (i.e. complete with only final punch list items remaining) forty-five (45) consecutive calendar days thereafter. CONTRACTOR shall fully complete the work within ninety (90) consecutive calendar days from November 15, 2010. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 3. Other provisions. Any term or condition of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. Page 2 ADDENDUM TO PHASE R CONSTRUCTION AGREEMENT Witness; Print Name Y -4d2— Witness: Print Name: ATTEST: Angela Apperson, City Clerk City Seal: CONTRACTOR: Brewer Paving & Development, Inc., a Flori orporation. Print Name: atle u/e. Title: Date: oC OWNER: City of Cape Canaveral, a Florida municipal corporation. David Greene, City Manager Date: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: Item No. Z Subject: School Resource Officer (SRO) Agreement with the City of Cocoa Beach Department: Public Safety/Police Summary: The SRO Agreement will commence on August 9, 2010 and will terminate on May 23, 2011, unless further continued by mutual agreement of both parties. Cape Canaveral agrees to fund (21%) of the SRO's salary, benefits, equipment, uniforms and overtime during the term of this agreement. Cape Canaveral's payment will be $7,427.00 as outlined in Exhibit III (attached). Cape Canaveral has designated Mayor Rocky Randels for the purpose of implementing the terms of this agreement. Cape Canaveral and Cocoa Beach agree to the goals and guidelines stipulated in Exhibits I and 11 (attached). Cape Canaveral and Cocoa Beach agree to indemnify and hold each other harmless and free from all liability, claims, damages, injuries, fines and costs, including expenses and attorney's fees, which either party may become obligated to pay resulting from errors/acts/omissions of employees of either party's performance relative to the terms of this agreement. Cocoa Beach shall not assign or transfer this agreement to any other agency without the prior written permission of Cape Canaveral. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both Cape Canaveral and Cocoa Beach. The parties understand and agree that while the SRO is rendering services provided for by this agreement, he/she remains an employee of Cocoa Beach. The parties understand and agree that the SRO will comply with police policy/procedure and regulations when in uniform. If any terms or provisions are in conflict with any applicable statute or rule of law, they shall be modified to conform with such statute or rule of law. A report of the SRO activity will be provided to Cape Canaveral on a calendar quarterly basis. Requested Council Action: City Council approve the School Resource Officer Agreement with the City of Cocoa Beach. Financial Impact: $7,427.00 Attachments: Supporting Documents Reviewed Proposed SRO Agreement, Exhibit I (Program Goals), Exhibit II (Program Guidelines), Exhibit III (2010/2011 Cost Projection) Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain AGREEMENT THIS AGREEMENT dated this day of , 2010, by and between THE CITY of CAPE CANAVERAL, FLORIDA hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, FLORIDA, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School, and; WHEREAS, the program would cover a period of not more than 190 school year days; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. L The agreement will commence on August 9, 2010 and will terminate on May 23, 2011, unless further continued by mutual agreement of both parties. By July 1, 2011, CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2011-2012 school year. 2. CAPE CANAVERAL agrees to provide twenty-one percent (21%) of the municipality's share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the term of this agreement. For the contract period of August 9, 2010 through May 23, 2011, CAPE CANAVERAL'S payment will be $7,427.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $3,713.50 according to the following schedule: February 2, 2011, and June 2, 2011, subject to prorating based on the date of implementation. 3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Bryan D. Holmes, Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the Exhibits I and II, which are attached hereto and, by reference, made part hereof. 5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay Page 1 of $ Revised 5/17/2010 resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CITY OF COCOA BEACH, FLORIDA By: Charles J. Billias, City Manager ATTEST: By: Lorendana Kalaghchy, CMC, City Clerk Approved as to form and Legal sufficiency By: Fowler & O'Quinn, City Attorney ATTACHMENTS: Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Officer Salary — 2008/2009 Cost Projection THE CITY OF CAPE CANAVERAL, FLORIDA By: David Greene, City Manager ATTEST: By: Angela Apperson, City Clerk Page 3 of 9 Revised 5/17/2010 EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts of law enforcement. 4. To develop a better appreciation of citizen rights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To provide materials and consultative assistance to teachers and parents on various law education topics. 10. To evaluate program effectiveness, the Chief of Police, SRO, and the Principal will define quantitative and qualitative measurements for each of the nine (9) goals listed prior to the first day students arrive. Program evaluation will occur twice during the school year with a final report prepared on or before the last day of school for students. The evaluation will be based upon input from the principal and school staff, as well as the SRO's chain of command. Page 3 of 8 Revised 5/17/2010 EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page 4 of 8 Revised 5/17/2010 C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. b. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. Page 5 of & Revised 5/17/2010 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The principal may adjust an SRO's schedule and assign the SRO to duties after regular school hours, such as sponsoring extracurricular events, chaperoning field trips, or other school activities, so long as they do not conflict with police department policy, the bargaining agreement between the city and police officers, or result in overtime expenses charged to the police department or the District. These aftcr-school activities will be under the supervision of school personnel. The District will not compensate the SRO in an overtime capacity. (This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required). 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. Page 6 of 8 Revised 5/17/2010 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bimonthly reports of activities to be reviewed by the Principal and SRO command staff. Overtime shall be approved in advance by the agency supervisor. Overtime shall be borne by the agency and NOT the District. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 1006.12 (School Resource Officer Program). Page 7 of 8 Revised 5117/2010 EXHIBIT III OFFICER SALARY - 2010/2011 COST PROJECTION Officer Kathy Stiles Annual Regular Salary @ 25.46 hr Holiday Pay @ 88 hrs * hrly wage Uniform Allowance Life Insurance @ fixed rate Medicare @ 1.45% Pension - Police @ 37.38% Social Security @ 6.2% Workers Compensation @ 7.68% SRO Annual Conference TOTAL COMPENSATION (Hourly wage based on 2080 hours) $41.43 $52,960 $2,241 $300 $286 $805 $20,746 $3,441 $4,262 $1,141 $86,183 Cost of SRO for 190 Days (190 Days * 8 hrs * 38.91) $62,980 ;Overtime (3.25% of 190 days = 49 hrs OT) $1,887 SRO Total for 190 Days $64,866 SCHOOL BOARD FUNDING $29,500 COCOA BEACH & CAPE CANAVERAL FUNDING* $35,366 MUNICIPALITIES FUNDING City of Cocoa Beach (% of Cocoa Beach share of funding) 79.00% of $35,366 = $27,939 City of Cape Canaveral (% of Cape Canaveral share of funding) 21.00% of $35,366 = $7,427 $35,366 *The Municipalities funding is based on total student enrollment for 2010/11 of 1342 students as of 5/26/10 per Cocoa Beach High School. The number of students residing in the City of Cape Canaveral is 285 or 21%. The amount indicated includes 49 hrs of overtime. Page 8 of 8 Revised 5/17/2010 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/06/2090 Item No. 3 Subject: Approve a letter to the TPO regarding the 2010 Request for State and Federal Transportation Funding and authorize the Mayor to execute same. Department: Administrative Summary. On June 15, Phil Laurien presented the concepts of a regional grant. We discussed the need to send a letter to the TPO regarding our 2010 Funding Request. This letter explains the request to combine the intersection projects and expand the coverage of the project from the Pineda Causeway North to Port Canaveral (SR 401) and to re-evaluate/update the study previously done in 1999 to incorporate the concepts of a complete street as well as a sustainable community using on site storm water treatment rather than curb and gutter with offsite treatment ponds. Requested Council Action: Approve the Letter and authorize the Mayor to execute same Financial Impact: None at this time Attachments: Draft Letter Submitting Department Head: Angela M. Apperson, City Clerk Date: 6128190 Approved by City Manager: C) ` }1 Date: C /at I /%t) City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Date Mr. Bob Kamm Director, Space Coast TPO 2725 Judge Fran Jamieson Way, Bldg. B Viera, FL 32940 RE: 2010 Request for State and Federal Transportation Funding Dear Mr. Kamm: As you know the City of Cape Canaveral has been working to reconfigure and align the intersections of International Drive and N. Atlantic along AIA, as well as design and construct an urban roadway profile for SR A1A. In addition, the City of Cocoa Beach has been working on intersection improvements at SR 520, as well as improvements along SR AIA throughout their City. Both intersection improvement projects are currently a part of the TPO's 2009 Project Priorities for Regionally Significant Facilities. Many local agencies have been working with the East Central Florida Regional Planning Council on an application for a Sustainable Community's Regional Grant. As a part of these meetings we have acknowledged these intersections are very important to both Cities. However, it has become apparent the best approach to solving our problems is to ask the TPO to combine these projects and look at the entire AIA corridor. Therefore, the City of Cape Canaveral desires to combine these intersection projects; expand the coverage of the project from the Pineda Causeway north to Port Canaveral (SR 401) and to re-evaluate/update the study previously done in 1999 to incorporate the concepts of a complete street as well as a sustainable community using on site stormwater treatment rather than curb and gutter with offsite treatment ponds. If any additional information is needed, please let me know. Thank you. Sincerely, Rocky Randels, Mayor cc: The Honorable Dr. Leon "Skip" Beeler, Cocoa Beach City Manager Chuck Billias, Cocoa Beach City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/0612010 Item No. Subject: ORDINANCE NO. 6-2010 - AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C-1, M-1, and C-2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Department: Community Development Department Summary: A request has been made to allow commercial parking facilities (for fee parking) as a principal use in the C-1 Commercial zoning district. See attached staff report for summary. Requested Council Action: To hear Ord. No_06-2010. Financial Impact: None Attachments: (1) Staff Report. (2) Application. (3) Ordinance No. 06-2010. (4) Planning and Zoning Board recommendation. (5) P&Z Minutes for April 14, May 12 and May 26, 2010.6 Letter from Mr. Pindziak. Submitting Department Head: Barry Brown Date: 06/25110 Approved by City Manager: D -4>-d, Date -4/2 ?//O City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral, Florida City Council July 6, 2010 STAFF REPORT Request: To revise the City code to add commercial parking facilities as a principal use in C-1 Commercial zoning district. Applicant: Banana River LP, John and Bob Porter History: Mr. Porter approached staff and asked if he could provide parking, for a fee, on the former Azteca Restaurant property. He wants to be able to have commercial parking to support other uses in the area such as overflow parking for restaurants and parking for beach goers or those on cruise ships, etc. Staff researched the request and determined that our code does not expressly address commercial parking facilities either as a principal or special exception use. Mr. Porter was advised that the code would have to be revised to accommodate his request and he therefore filed the attached "Application for Amendment to Zoning Ordinances" This request was brought to the P&Z Board on April 14, 2010 as a discussion item. Mr. Porter stated there was a need for commercial parking as evidenced by the commercial parking facility located across the street from his property and in the unincorporated County. He saw a need for parking for beach goers, cruise ship patrons, etc. and had also been approached by Izzy's Restaurant to provide overflow parking. Mr. Porter felt that the commercial parking supported goals of the Visioning as well as the Economic Development Action Plan. His research reveals that Cocoa Beach, Melbourne, Malabar, Vero Beach, and New Symrna Beach allow for commercial parking facilities as a permitted use in commercial zoning districts. A parking facility would allow him to generate revenues that would enable him to pay property taxes that benefit the City. P&Z discussed the issue and it was the Board's consensus that if allowed, commercial parking should be a special exception rather than a principal use and that requirements for visual barriers, a minimum separation distance, etc. should be expressly addressed in the code. The Board directed staff to prepare an ordinance that allowed commercial parking as a special exception in C-1 and C-2 zoning districts. The Board recommended using the criteria. for vehicle rental facilities and outside storage in preparing criteria for parking facilities. In addition to allowing for commercial parking in C-1 and C-2, the Board asked staff to consider parking garages in M-1. Staff prepared the ordinance and brought it to the P&Z Board on May 12, 2010 for review and recommendation. Staff agreed that there is a demand for commercial parking, but that it should be limited as to number and location of facilities, and that it is most important to visually buffer parking lots from public view and adjoining residential uses. Therefore, staff recommended that commercial parking be allowed as a special Attachment #1 exception use in C-1, C-2, and M-1 with the criteria as listed below. Staff also recommended that parking facilities be limited to surface parking at this time and that parking garages be addressed later. Pursuant to review of Sec. 110-556, Vehicle rental facilities and other sections of the code staff proposed the following criteria for commercial parking facilities: (1) A commercial parking facility shall not be located within one-third of a mile from an existing commercial parking facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for commercial parking facilities shall be 12,000 square feet; (3) Minimum lot width for commercial parking facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public tights -of -way or properties zoned residential or in residential use. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Parking areas shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) On-site servicing or repair of vehicles is prohibited; (S) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7.00 a.m. to 9:00 p.m. daily. (10) The parking of boats, trailers, recreational vehicles, and special purpose vehicles shall be prohibited. The Planning & Zoning Board discussed the proposed ordinance. There was some sentiment that this was an appropriate use at some but not all locations. And that it may be appropriate on the Porter property and surrounding area, but not at the north entrance to the City. It was even suggested that we may allow this use south of the intersection of AIA and North Atlantic, but not north of that intersection. The Board decided to continue the discussion at the next meeting. On May 26, 2010, the P&Z Board resumed discussion of the item. Staff reiterated its support for commercial parking as a special exception with the understanding that it was not appropriate at all locations and that distance separation criteria were appropriate. City Attorney Kate Latorre said that allowing the use south of the intersection of AIA and North Atlantic and prohibiting it north of that intersection would be an acceptable approach. She referenced the ordinance that prohibits residential uses in the C-1 zoning district along AIA. The Board concluded that while there was a need for paid parking, they wanted to wait until the visioning plans had progressed. The Board voted 4-1 against recommending approval of the ordinance, however, it added that if it was approved by the Council, the separation distance be increased to one half mile and the condition restricting hours of operation be struck. Staff recommendation to City Council: Staff recommends that commercial parking facilities be allowed as a special exception use in C-1, C-2, and M-1 pursuant to the criteria listed in the proposed ordinance with revisions as recommended by the Planning and Zoning Board. fun -day tici- Red tide k, a ook, AM- aing aily oon dis- IIIA tion f ex- ited hed 1 SV )13. )14, Po- nta] ula- ient •om the. n ifi- tE , 29 i ew : Li - rick ps- ttn: El NOTICE OF ZONING AMENDMENT Notice is Hereby Given that the City of Cape Canaveral City Council will consider an amendment to the code of ordinances to add commercial parking facilities as a special exception use in the 0-1, M-1 and C-2 Zoning Districts in the City of Cape Canaveral. A Public Hearing on. the Proposed Zoning Amendment will be held on Tuesday, July 6, 2010, at 7:00 P.M. in the Cape Canaveral Library, 201 Polk Avenue, Cape 'Canaveral, Florida. The City of Cape Canaveral proposes to adopt the following ordinance: ORDINANCE NO. 06-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C-1, M-1, AND C-2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; PROVIDING 'FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY, AND AN EFFECTIVE DATE. The Ordinance may be viewed in- its entirety in the City Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL 32920 during regular working hours, Monday through Friday, 8:30 A.M. to 5:00 P.M. pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person.'decides to appeal any decision made by the. City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and forsuch purposethat person might 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Angie Apperson, City Clerk d ■ 7a sr asnoH aamoBunS aqZ upam •weld 13PI-I j 2uu pp t; Su[dolanap ui saaq Z `AUP -uiatu A[lu733 slspsu pue tut 'OOT1 _Aup sassa.ippe sselo aqZ `ezeld •asnoHaan+►oOunSatp °D ■ lu OZ PUB ET '9 Alnf uoou o; :aq agd, Uva a 01 TZ04 13q uaurap Pale[ -as so aseasip s,aaunagZ[V Blinn uosied a .ioj 2uuwo a le otpA saagivatu Alime; dlag lnq Ol SS1313 aAI1313a04ut 3109AA uru -aa.1g4 aaij a 2q.ijosuods UM are 0VXg0 .IapaOS[Q Sdouraw 11P 13puold iexluaD ls13g MR PUU alu[ asnoH.iaeeog ns au -saa ism -wiegzlti qpm eldoad jof. �113d 2uije3 asoq} sdlaq ssela y. -aa loogas g2il; ewuow not[ (I[1jHrISI3.T,T'?f'mN 1730H •ST8Z-£9Zs09699-Z£9 `161 11-03 -p130g ur72gN31M ur'13 'N 8pZ8 'atunoglaMvialA uels uu1 AWHOH lu •ur•d E of •ur•d [3921 Z1 urojikeppq uo pue 02pal -slid -430H ut •any upp%j E9Z1 kglx[ `qn[o sanig '8 zzef s,•r•A 1H 113 KLpsjng,l, uo -ui•d 6 of ur•d S uroig st uoi Rsr,3ag •3iu3id pue aouep `uoagounl `lanbueq `.rnog luloos a apnloui pue ApunS il2no.rgl ALpsrnq,L a ru salup uoiunaa ag,1, nnouuo auto si salenp13 i2 [OOg3s g .14 ao iuojq roj uoi aoeq -una.r s,pua3laaen situ io; uop e ;d -u isi2a21 -pauueld umun -aa loogas g2il; ewuow ` V0303 'MO3•s1ae13sa9l -lua•.Y,�nm lisle so Ef E£ -9E9 1i.133 `uolluur.io;ut .ao,d •Sepsmgy Aq paeiaoaa ag lsnur salsl -uH'9Z6ZE'ZE `RO3OD'peo21 x00 OZOi 'lsaluoo xapua -luD :idly `flalooS auuurnH preeaag IerluaD :ol (f4apOS aueuinH p.r13na.rg lerluaH agl of algvSvd s5joag3) luatu -Sed pue o;ogd lad.moA gl[nn uiio; p94a[duio3 aql 1reyq •ologdj9d01$ si S.ilua goin aol lsoo atLL •uio3•s -.I9ees.I9:4il3 t1AdAM le „rSiltrg lsa4u00 a13pu3le0„ aql 10 Adoo u peolumop `lsaluo3 aql olul lad moA ralua of •.rtpuale3 1102 sll ao3 lsaluo3 ologd ,,P.ranaag Jo slad lsag„ 18nu -uV gl61 Sl? 2uposgods si jS4a -loos amnung pi13Aaig..ju:4 -u03 aw, •1squ03 aepga -lea 04ul }ad anot a91u3 .; A.1\i[103 CTlI�AIg y 01OZ `6Z aNflf `AVQSgfl.i, $Z APPLICATION FOR AMENDMENT TO THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES DATE APPLICANT: "A IJ DBA ADDRESS: -x City CrUt: State�--zip TELEPHONE. -3 --E-L REQUESTING AMENDMENT TO CODE SECTION 3 3 SECTLON PRESENTLY READS: REQUESTED CHANGE TO READ-- A k C C) fv� vv� REASON , FOR REQUE - I CHANGE: Cr Stili p D (ATTACH ADDITIONAL SHEETS IF NECESSARY) FEE FOR REQUEST: $250.00 DATE PAID: / / Attachment #2 City sif Cape Canaveral Building Departmvvf- (Please Print Legibly or Type) DATE FILED FEE PAID DEPOSIT RECEIVED BY S 250.00 FILING FEE IS NON-REFUNDABLE NATURE OF REQUEST _SPECIAL EXCEPTION _VARIANCE _REZONING APPEAL _CODE AMENDMENT (IF REQUEST IS FOR A TELECOMIv MCATIONS TOWER ATTACH SHEEN' # I OF TOWER APPLICATION) DESCRIPTION OF REQUEST (Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted) (Attach separate sheet if necessary) Legal Desc. LOT BLK. SUB. STATEMENT OF FACT: State of Florida, County of Brevard; p I, O ri ✓� i c r r C- , being duly sworn, depose and say that: _ I am the owner. I am the owner's designated agent.(Attach notarized letter of authorization) Rangy Owner's Name 3 OL 0, a t iv �✓ Address Q . o;c Is Lt`} City — !x �' [ 21{cz: ctrl State Ft? .- ZiT Home Phone 4 Work Phone 'I" Other "3 l (If other than owner) ADDlicant's Name Address City State Zip - Home Phone # Work Phone 9 Other All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn to and subscribed before me this day of� , 19_ Signature of Applicant Notary Public, State of Florida The completed request forth and the 5250.00 filing fee must be filed as follows: Requests for Variances and Special Exceptions (Excepting Telecommunication Towers) , 14 days prior to the Planning & Zoning Board Meeting; request for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning & Zoning Board, (A deposit may be required, see code section 110-92 for applicability) FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant by Certified Mail No. Notice posted on Bulletin Board on on Notice posted on subject property on Prop. owners within 500 ft. notified ort BUILDING OFFICIAL ENDORSEMENT L —Zoning Amendment 2. Variance 3. _ Special Exception 4. Administrative Appeal (See Attached Statement For Code Section References) CONSIDERATIONS SETBACKS: _MEETS CODE COVERAGE: CODE LOT SIZE _MEETS _ MEETS CODE DENSITY MEETS CODE HEIGHT MEETS CODE ADDITIONAL REFERENCES SUBJECT Contiguous Zoning North South East West _ CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) _ CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) PARKING LOADING ZONE SETBACKS (AIA-RIDOWOOD-ASTRONAUT) LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USES CODE SECT. APPLICABLE NOTE: The Planning &. Zoning Board should also review Sec. 114-47 (10) COMMENTS: DATE: G. J. Moran, CBO Building Official Sec. 110.92. Schedule of fees, charges and ex- penses. (a) The fees and charges, in connection with matters pertinent to zoning petitions, zoning or- dinance amendments, special exceptions, vari- ances and appeals, -shall be as set fortli in ap- pendix B to this Code. When the fee has been paid and the application filed, there shail be no return or rebate of the fee, regardless of the city's deter- mination in the matter involved. (b) In addition to the scheduled fees, when an application is filed for rezoning or for a proposed amendment to this chapter, the applicant shall deposit with the city sYsfcient money to defray ali involved costs for advertising, publication, ad- ministration and recording, as determined by the city clerk If the process is not completed, any CD 110:20 Support Document to Application for Amendment to Zoning Ordinances Commercial Parking facilities would satisfy the intent of section 110-331the Commercial (Cl) Zoning district as stated for the following reasons: "The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist." 1. Provide nearby local business and residents additional parking capacity that may not be available onsite. This would allow local business added capacity at peak times. Local residents with limited visitor parking spaces could direct guests to use these facilities. 2. Provide motorists (visitors to the attractions of Cape Canaveral —vacationers, beach goers, shoppers, cruise passengers and business travelers) designated area's to park.(see Cape Canaveral Vision Statement Attached) 3. Attract revenue to Cape Canaveral businesses from motorists through direct parking fees and indirectly through increased utilization of gas stations, restaurants, and shopping.(see City of Cape Canaveral Economic Development Action Plan attached) The research of local communities shows that commercial parking is generally a permitted primary use in commercial districts. See the highlighted areas of code from Melbourne, Cocoa Beach, Malabar, Vero Beach and New Smyrna Beach. It appears that this use is not treated any differently than other uses in the commercial districts. tape c€naerid iau Outmeta Ult enbision: A bike -able and walk -able Cape Canaveral that retains and enhances its residential feel, characterized by low-rise buildings not more than 4 stories in bight. This residential and business friendly atmosphere is one of a live -able, attractive, safe, secure, and sustainable coastal community that embraces the beach and riverside as the main amenities, and supports local culture and education. We cabigion: AIA as a "complete streef' with a native -landscaped and tree - lined median with traffic calming elements and dark -sky street lighting. "Complete street" amenities include bicycle facilities, covered transit stops, and safe pedestrian crossings that invite pedestrians and bicyclists to access the beach, river, local neighborhoods and adjacent communities. Our improved "complete streets" will allow us to travel calmly to intimate waterfront destinations and a walk -able downtown core. Multi -use paths lined with shade trees should be wide enough for bikes and pedestrians and lighted so anyone can walk or bicycle safely anywhere in town, day or night. We mbigion: Welcoming community entrance features that carate a sense of arrival and unique community identity. The "downtown" will contain an architecturally rich and unique mix of uses, with wide tree shaded sidewalks and umbrella covered cafe tables at restaurants and bistros where friends gather, interact, and enjoy drinks and dinner. We cnbixion: A community that; removes or transforms blighted and unfinished buildings into attractive structures, offers city-wide green spaces, provides a pet -friendly park with ample shade, and actively recruits and supports businesses that entrance economic viability and serve our residents and visitors. We rnbiatisn: Open shorelines and rivers accessible to the public including amenities that take advantage of the water, such as limited and quaint water - view establishments and intimate public gathering and entertainment places that may include pavilions, gazebos, or a performance stage. A,: f«f__1 ACTION #15: Market Community as a Tourist Destination Working together with various entities, the City can be developed into a unique tourist destination by establishing and promoting low -impact, up-market, family - based visitor accommodations, attractions and amenities. For the purpose of the EDAP, the Tourism sector includes a broad spectrum of activity including leisure travel, business travel, meetings and conventions, day - visits and seasonal residency. By selectively developing some additional attributes and attractions associated with a "visitor destination," the City of Cape Canaveral could bring increased jobs and tax revenues to the community and at the same time add community amenities recommended in the 2006 Community Survey, the 2007 Redevelopment Plan, and the 2009 Community Visioning. t. Develop a mixed-use parking, restaurant, small-scale specialty store shopping, and festival venue conveniently accessible to Al and the cruise terminals at Port Canaveral, by: a. Partnering with landowners, hotel owners and prospective investors to develop a project proposal for review by the city, and required county state, and federal agencies b. Modifying existing city code and ordinances as required permitting the proposed development 2. Develop city -owned community facilities on the ocean and the river, by: a. Acquiring the five tracts constituting Cherie Down Park from Brevard County and the Brevard County School Board b. Acquiring private property adjacent to Cherie Down Park on Adams Street and Ridgewood for inclusion into a City of Cape Canaveral ocean -side park with city -owned community facilities and amenities c. Selecting one of the several City -owned riverside properties for development of city -owned community facilities d. Designing specific site development proposals for each site in collaboration with prospective developers and concessionaires to be reviewed by the city, and required county, state and federal agencies I{ e. Modifying existing city code and ordinances as required permitting the proposed developments f. Securing, if required, community and voter approval of both proposed ocean -side and riverside community development 3. Market Cape Canaveral as a pre and post -cruise visitor destination: a. Developing and implementing'a marketing campaign in partnership with city -based businesses in the tourism sector and promotion agencies. b. Work with city -based hotels, restaurants, retail to develop packages Agee ConsulLing Cape Canaveral EDAP - February 2010 Page 29 64y �_P � C/ C &3 Lp 1- � ' T=( Landfill for non -household N N N N N N C C N waste Manufacturing, heavy N N N N N N N P N Manufacturing, light N N N N N N P P N Marinas* N N C C C C N N N Micro -brewery N N N C C C C P N Mini -storage facilities N N C C N C P P N Nursing and convalescent P P P P N P N N P homes P Office/financial institutions 3 P P P P P P P N Outdoor display (see Article N N N N P/A P/A P P N VII, Section 2(F)) Parking facilities as a C C P P P P P P P principal use Plant nurseries* N N N N N P P P N Public use C C C P C P P P P Public utility service C C C C C C P P P* facilities* Recovery home/halfway N N N C N C N N C house* Recreation, indoor N N C P C P P P P Recreation, outdoor N N N N N C C C N Recreational vehicle (RV) Parks* N N N N N C N N N Recycling facility * N N N N N N C P N Restaurants N C P P P P P P N Retail 4 P 9 P S 8 P 8 P P P N Schools C C P P P P P P P School, non-academic C C P P P P P P P instruction Service, vehicle N N N C N C P P N Service, business N P P P P P P P N Cocoa Beach Section 3-11. CG general commercial district. A. Scope. The regulations contained within this section shall apply in the CG district and may be permitted in the future land use designation of general commercial. B. Purpose. This district is intended for general business and services to meet the wide spectrum of retail and service needs of the total community. These districts are located near the transportation hubs of the city to make them easily accessible to the resident and traveling population of the city. C. Permitted principal uses and structures. This shall be: 1. Retail (excluding retail fish markets). 2. Commercial recreational facilities within a soundproof building. 3. Professional offices and clinics. 4. Financial institutions. 5. Business offices. 5. Transient Iodging facilities. 7. Restaurants which arc located greater than one hundred (100) feet from any residentially zoned property (RS -1, RM -1, and RM -2 districts) as measured in a straight line from the nearest point of the structure of the establishment to the nearest point of the residential property line. 8. Nightclubs and bar and lounges within a soundproof building which are located greater than one hundred (100) feet from any residentially zoned property (RS -1, RM -1, and RM -2 districts) as measured in a straight line from the nearest point of the structure of the establishment to the nearest point of the residential property tine. 9. Pet shops within a soundproof, air-conditioned building. 10. Communication media facilities and offices. I 1. Commercial parking lots or parking garages. 12. Personal service shops and stores including but not limited to beauty and health salons, astrology and palm readers, tattoo parlors, clothing, gifts, small appliances, and art studios. 13. Enclosed car wash. 14. Animal hospitals and kennels within a soundproof, air conditioned building. 15. Public utility structures owned, operated, franchised or supervised by the city. lb. Health clubs and gyms. 17. Adult entertainment establishments located in accordance with provisions of section 4-80 of these regulations, and operated in accordance with the City of Cocoa Beach Sexually Oriented Business and Adult Entertainment Establishment Ordinance (the Code of Ordinances of the City of Cocoa Beach, Florida Chapter 2.5). Article I1 LAND USE AND ZONING Page 3 of 5 Hobby and Handicraft -Shops. Interior Decorators. Jewelry Stores. Meat Shops. Novelty and Curio Shops. Optical Stores. Photo Supplies and Studios. Shoe Repair Shops. Tailors or Seamstress. Other similar limited commercial activities conducted in a fully enclosed building which are approved by Town Council after receipt of a recommendation from the Planning and Zoning Board. Prior to approving any such "similar" use, the Town Council shall render a finding that the use is similar to the uses identified herein and will produce impacts similar in nature to impacts generated by those activities specifically permitted herein. The burden of proof resides with the applicant. The procedures and criteria for review of such "similar" uses shall be as cited in the following section, § 1-2.6 [1-2.7]. The use shall comply with criteria cited in the above definition of limited commercial activities and shall not include more intense general retail sales and services. The procedures and criteria for review of other similar limited commercial activities shall be as cited in the following section, § 1-2.6 [1-2.7]. 9. Waterfront Marine Related Activities. The following marine related land uses are included in this land use classification: commercial wet or dry storage and boat sales and rental; Marine power sales and service; and bait and tackle shop; and excluding marine salvage and boat yards. 10. Medical Services. The provision of therapeutic, preventive or other corrective personal treatment services by physicians, dentists and other licensed medical practitioners, as well as the provision of medical laboratory testing and analysis services. These services are provided to patients who are admitted for examination and treatment by a physician and with no overnight lodging. This land use classification includes pharmacies when developed as an accessory use within a medical service facility. 11. Parking Lots and Facilities. Governmental or private commercial building of [or] structure solely for the off-street parking or storage of operable motor vehicles. 12. Plant Nurseries. Retail sale of flowers, shrubs, trees, and plants as well as landscaping contractors and provision of related consultative services. 13. Restaurants (excluding drive-ins and fast food service). Any establishment (which is not a drive-in service establishment) where the principal business is the sale of food, desserts or beverages to the customer in a ready -to -consume state and where the design or principal method of operation includes two or more of the following: (a) Customers, normally provided with an individual menu, are served generally in non -disposable containers by a restaurant employee at the http://Iibrary8.municode.com/default-testfDoeView/I 1814/1/80 4/5/2010 ARTICLE III. R -3A, C-1 A, C-113, B-1, C-1 AND C -2A Ve- e,C c Page 1 of 1 Sec. 62.35. Permitted uses. In these districts a building or premises may be used only for the following purposes. Site pian review is required for all uses in this district: TABLE INSET: P = Permitted Use http://Iib.rary8.tnunicode.com/default-test/DoeView/I 1654/1/126/140 4/6/2010 Zoning Districts Uses C -1A C -1B B-1 C-1 Administrative Services.......... P P P P Business and Professional Offices.......... P P P P Day Care Services.......... P Commercial Amusements.......... P Cultural and Civic Activities.......... P P P Financial Institutions.......... P P P P Fire Stations.......... P P P P Funeral Homes.......... P P General Retail Sales and Services.......... P P P Guest House and Transient Quarters.......... P P Hotels and Motels.......... P P Medical Services.......... P P P P Multiple -Family Residences.......... P Nonprofit Clubs.......... P P P Parking lots and Garages.......... P P P P Places of Worship.......... P P P Plant Nurseries.......... P P Public and Private Utilities .......... P P P P Recreation and Park Areas.......... P Restaurants.......... P. P P P Restricted Sales and Services.......... P P P P Self -Service Storage Facilities.......... P P Trade Service and Repair.......... P P Vehicular Sales and Services.......... P Veterinary Services.......... P P Wholesale Trades and Services.......... P P Accessories to Permitted Uses.......... P P P P P = Permitted Use http://Iib.rary8.tnunicode.com/default-test/DoeView/I 1654/1/126/140 4/6/2010 ARTICLE V. ZONING DISTRICTS Page I of S � Y B-2, NEIGHBORHOOD BUSINESS DISTRICT Intent. The B-2, Neighborhood Business District is intended to provide goods and services for the frequent needs of residents, and to assure that the operation of neighborhood businesses are not detrimental to adjoining residential uses. Permitted uses. Animal clinic, out-patient care only, and no overnight boarding Appliance and repair shops Attached dwellings Bakeries, nonmanufacturing Barber and beauty shops Bowling centers Ceramic shops Clubs, semipublic Communication facilities: buildings for radio, television, telephone, and telegraph Convenience market with gas pumps Drugstores and pharmacies Dry cleaning establishments Florists Funeral homes Gift shops Government buildings and offices Grocery stores Hardware stores hobby/craft shops Income tax services Jewelry stores Laundries, including self-service Lending agencies Men's and women's figure salons Multifamily residential developments Newspaper offices and printing shops Night clubs Office and household equipment sales Parking lots Pool rooms http://Iibraryg.muriicode.com/default-test/DocView/i 1341/1/153/158 4/6/2010 ORDINANCE NO. 06-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C-1, M-1 AND C-2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to amend the City Code to authorize commercial parking facilities by special exception in the C-1, M-1 and C-2 zoning districts; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral_ BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 114, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and shikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS City of Cape Canaveral Ordinance Nd. 06-2010 Page 1 of 5 Attachment #3 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT See. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: (22) Commercial parking facilities, as provided in section 110-557 of this Code. All special exception applications for commercial parkin facilities acilities shall be accompanied by a site plan drawn to scale• depicting the parking lot, any buildinrs landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article Vl. Site Plans, of this ChWter. DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: (15) Commercial parking facilities, asprovided in section 110-557 of this Code. All special excgption applications for commercial parking facilities shall be accompanied b, a site plan drawn _to_scale depicting the parkin lot, ot, any buildings, landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VT Site Plans, of this City of Cape Canaveral Ordinance No. 06-2010 Page 2 of 5 DIVISION S. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-353. Special exceptions permissible by the board of adjustment, (c) Special exceptions may be permitted for the following: (14 Commercial parking facilities, as provided in section 110-557 of this Code. All special exception applications for „commercial parking facilities shall be accompanied by a site plan drawn to scale depicting theparking lot PY buildings, landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI. Site Plans, of this Chapter. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 6. VEHICLES AND VESSELS Sec. 110-557. Commercial parking facilities. (a) Commercial parking facilities shall mean_ facilities primarily engaged in the commercial enterprise of providing parking space for motor vehicles, usually on an hourly, daily, or monthly basis. A Commercial parking facilities maybe authorized by special exception in the C -1,M -I and C-2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: M A commercial parkin fg acility shall not be located within one-third (1/3) of a anile from an existing commercial parkin facility. acuity. For the pulictses of this subsection, all measurements of distances, shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; City of Cape Canaveral Ordinance No. 06-2010 Page 3 of 5 Minimum lot area for commercial parking facilities shall be 12,000 square feet: Minimum lot width for commercial parking facilities shall be 100 feet: 1'1 A continuous, densely planted. greenbelt of not less than 15 feet in width, penetrated only for ingress and egress to and from the property at points approved by the City during site pian review, shall be provided along all property lines abutting public rights-of-wgy rights-of-wayor 12EMerties zoned residential or containing residential use. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of this Code, as may be amended from time to time. Where a wall or fence is proposed as screening, as authorized by this Code, the greenbelt will be located between the pro eerrty line and the a wall or fence such that greenbelt is adjacent to the borderingpraperty: Parking areas shall be paved and striped in accordance with the city's off- street parking regglations; All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic, On-site servicin or repair of vehicles i5prohibited: Outdoor paging or speaker systems are expressly R ohibited; Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. daily; and L0 The parking of boats, trailers, recreational vehicles, and special purpose vehicles shall be prohibited_ Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or City of Cape Canaveral Ordinance No. 06-2010 Page 4 of 5 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12010. ATTEST: Mia Goforth, Acting City Clerk 161 Legal Ad published: First Reading: 2" Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels \ C. Shannon RRoberts Betty orals[ City of Cape Canaveral Ordinance No. 06-2010 Page 5 of 5 City of Cape Canaveral Community Development Department CC" OF CAPE CANAVERAL Date: May 27, 2010 To: Angela Apperson, Acting City Manager Mia Goforth, Acting City CIerk G7 �% From: ✓ Susan L. Chapman, Secretary, Planning & Zoning Board Through: - Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Section 110-557, to Allow Commercial Parking Facilities by Special Exception in the C-1, M-1 and C-2 Zoning Districts ---------------------------------------------------------------------------------------------------------------------- On April 14, 2010, the Planning and Zoning Board considered an application submitted by Mr. John Porter to amend the City Code to allow commercial parking as a permitted use. The Board directed the City Attorney to prepare an ordinance amending the Code to authorize commercial parking facilities by special exception in the C-1, C-2 and M-1 zoning districts. The Board met again on May 12, 2010 to review the ordinance and make a recommendation to the City Council regarding adoption of the ordinance. At the conclusion of the May 12th meeting, and after much discussion, the Board was unable to reach a consensus regarding whether or not to recommend the Council to adopt the proposed ordinance. The item was postponed until the Board's next meeting. The Board met a third time on May 26, 2010 to review the proposed ordinance and at the conclusion of the discussion, voted 4-1 against recommending approval of the ordinance. However, recognizing that the ordinance would still be presented to the City Council for consideration, the Board desired to include in its recommendation that if the ordinance were approved by City Council, that the following few modifications be considered: Section 110-557 (b)(1) --Page 3 of 5-- The Board recommends that the distance limitation be increased to one-half (1/2) mile between each commercial parking facility. Section 110-557(b) (9) -- Page 4 of 5 -- The Board recommends that the hours of operation provision be deleted in its entirety. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-12 www.ciryofcapecanaveral.org • einail: ccapecanaveraI@cfi.rr.c Attachment #4 PLANNING & ZONING BOARD MEETING MINUTES APRIL 14, 2010 A Regular Meeting of the Planning & Zoning Board was held on April 14, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald. Dunn. Ron Friedman MEMBERS ABSENT John Johanson OTHERS PRESENT Chairperson Vice Chairperson 2nd Alternate 1$t Alternate Barry Brown Planning & Development Director Susan Chapman Secretary Kate Latorre Assistant City Attorney Robert Hoog Council Member NEW BUSINESS 1. Approval of Meeting Minutes: March 10 2010. Motion by Harry. Pearson, seconded by Bea McNeely, to approve the meeting minutes of March 10, 2010. Vote on the motion carried unanimously. 2. Discussion Re: Request to Amend Section 110-332 of the City Code to Allow Commercial Parking Facilities as a Permitted Use in the C-1 Zoning District — John Porter, Applicant. Barry Brown, Planning & Development Director, explained that Mr. Porter asked city staff if he could provide parking for a fee on the former Azteca property to support other uses such as: overflow restaurant parking, parking for beach goers, and parking for cruises. Staff researched the city code and determined that it does not expressly address commercial parking facilities either a principal or special exception use. 'Staff advised Mr. Porter that the city code would need to be amended to allow for a commercial parking facility and he therefore submitted the "Application for Amendment to Zoning Ordinances". Mr. Porter submitted information and codes from other cities to support his request. Attachment #5 Planning & Zoning Board Meeting Minutes April 14, 2010 Page 2 Barry Brown advised that the cities of Cocoa Beach, Melbourne, Malabar, Vero Beach, and New Smyrna Beach allow for commercial parking facilities as a permitted use in their commercial zoning districts. He reminded the Board members that they were considering a code amendment change that would not only apply to Mr. Porter's property, but all properties in the C-1 zoning district. He advised that some considerations may include: landscape and noise buffers; the use in C-1 and C-2 zoning districts; parking garages and/or ground level parking facilities; architectural design standards; imposing a time limit on parking; and how the use may benefit others in the city. John Porter; Applicant, . advised , that --he, -researched... the, codes _.._.of .. "like"" communities regarding commercial parking facilities. Port Canaveral and Cocoa Beach both allow commercial parking. He also pointed out that the property located across the street from the Azteca property is located in the County (aka "no man's land) and that it is being leased to a rental car business for parking. The rental car business is located in Cape Canaveral but leasing property in the County for parking, therefore, dollars are going across the street to the County rather than the city. In the past, Izzy's restaurant had approached him for permission to park on his property in order to satisfy a city code requirement for minimum parking to obtain a liquor license. There is a demand for overflow parking for car rental facilities. The Mayor advised him that the car rental facilities are currently parking their overflow at the beach ends. Additionally, hotels are currently using their lots for parking long-term (over two days) for people going on cruises. He explained that the city's Economic Development Plan talks about town centers; and being a walk -able and bike -able community. In order to walk and bike, visitors would need to park their vehicles somewhere. So in order for the city to carry out its "vision" and make the city's "dream come true", vehicles will need to be parked somewhere. He advised that the city can continue through the back door where businesses are currently parking vehicles or through the front door by bringing the issue to the Planning & Zoning Board and address the need, growing need, and demand; and mold it .in a way that is more acceptable in our community. He gave an overview of the city's adopted Visioning Statement and highlighted that if the city wants a "walk -able downtown core", then parking will need to be provided. He voiced his opinion that the city should be discussing and taking action now. He reviewed other cities codes regarding commercial parking facilities. He commented that the City of Vero Beach did a wonderful job in safeguarding its natural environment of having a beautiful presentation on their main roads. He hoped and dreamed that someday the City of Cape Canaveral's Al corridor can look a lot more like Vero Beach. He further commented that Vero Beach obviously saw the need for parking lots and parking garages in there code; and he saw them as a leader in sustainable development. He did not know if they had both private and/or municipal parking areas. He had not recently visited Vero Beach to actually look at the parking, but was merely using their code as an example for the City of Cape Canaveral. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 3 Chairperson Russell asked the Board members if they had any questions for Mr. Porter. John Porter advised that he did not have a background as a planning professional; he sells souvenir goods to major theme parks around the Country and operates a miniature golf course. He explained that it is only because of the economic situation that we find ourselves in now that they are considering parking as a use of the property. It would have not made sense to put in a parking facility a couple of years ago because of the land values. He advised that he already has a parking lot and pays over $100,000 a year in taxes. At this time, a parking facility seems to be a good use of the property. He did not believe that everyone aloe A1A would turn their property- into �a arkin -Mot; rY g.... p p y � g because he did not believe that economics would drive it. Additionally, an existing business, by city code, needs to have a certain number of parking spaces available to the users of that business; therefore, they should not be allowed to "double -dip" with their parking spaces, i.e. allow or charge patrons to park in spaces required for the hotel while they are on cruises. John Porter answered various questions for the Board members. He advised that his property would accommodate 75 to 100 parking spaces; currently there were 70 spaces on asphalt; if they were able to demolish the building, more spaces would be created where the pad is for the building. This zoning change would be accompanied by existing code regarding landscaping, setbacks, and buffer; it was his understanding that if the code amendment were to pass and they were able to have the use in this location, then they would be subject to city code to guard against visual blight. He noted that his property was under Chapter 11 and being reorganized. He was dedicated to making the commercial parking facility work, if the Planning & Zoning Board and the City Council are in favor of changing the city code to allow the use. He gave a history of various contracts he previously had in place for lease of his property. He advised that the city currently had code enforcement action against the property for its dilapidated condition. He realized that the building was a stain on the city and wanted to get rid of it, but it may take up to six months for him to do anything due to the property being under Chapter 11. Joyce Hamilton, citizen, asked John Porter various questions. He answered that the 75 existing parking spaces at Fantasia Miniature Golf would remain separated from the existing 70 parking spaces surrounding the restaurant. If some or all of the restaurant building was demolished, there would be additional parking spaces where the building existed. Entering and exiting from the property would be directly from Al or Holman Road. There were no plans to sell the golf course. Joyce Hamilton commented that when the City talked about Visioning, they had talked about building closer to the road, constructing buildings on the property frontage with parking in the rear. She asked as the city creates its vision, i.e. downtown area, how the people were going to be transported. Lamar Russell advised that in other places he visits, he parks in a municipal lot and walks or takes a cab wherever he needs to go. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 4 Barry Brown advised that the city's Comprehensive Plan was silent as to commercial uses, therefore no changes needed to be made. Kate Latorre, Assistant City Attorney, advised that this use was considered a "personal servied', therefore, would not require a Comprehensive Plan amendment. Beatrice McNeely advised that the city should also consider the use in the C-2 zoning district. Discussion was held regarding C-1 and M-1 zoning districts. Harry Pearson advised that the Board should have the opportunity to review and make recommendation on individual requests for the use. He was in favor of the use by special exception rather than a principal use. .... .... .... Leo .Nicholas, citizen, -advised that.the city_ code- already -allows -outside parking and storage areas in the C-2 zoning district with certain criteria that must be met_ He suggested that the Board consider that criteria when considering allowing commercial parking facilities. He commented that the use would be good in both C-1 and C-2. He suggested the Board also consider the use by special exception, because they can consider the economic situation and individual taxable land value on a parking lot, as opposed to if a building was erected on the property. Donald Dunn advised that he reviewed the citys final visioning report and found no indication for a need for commercial parking. He noted that a parking lot would not employ many people or have much business income, compared to a building. He commented that a parking garage would be ideal in the M-1 zoning district. Ron Friedman commented regarding how commercial parking lofts could be advantages to nearby commercial businesses and gave an example of how a business could have employees park in a nearby parking lot, thereby keeping on-site parking open for customers. Lamar Russell summarized the Boards discussion and comments. He voiced a concern regarding changing the code to allow the use before the citys visioning and rezoning is completed. Barry Brown explained that city was preparing the `Strategic Plarf, which will help guide future planning, as well as budgeting. He further explained that the Strategic Plan is being created by combining the 2007 Redevelopment Plan, recommendations from the Visioning, and the Economic Development Action Plan. But, this does not mean that the City will not be moving forward with customer requests. The Board members held discussion regarding the need for short-term and long- term parking. Lamar Russell commented that already along AIA, parking is located in the front, and that was only going to change over a long period of time. He explained that the only chance the city has on enacting the vision is to start in places that don't have that situation, such as vacant lots: Joyce Hamilton, citizen, asked if Mr. Porter planned on transporting his customers to their destinations. Lamar Russell responded that whatever Mr. Porter does on his property will serve only a local area and not the entire city. He advised that parking lots will need to be provided to create development opportunities for narrow properties along AIA. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 5 Lamar Russell asked the Board members to consider allowing parking areas by special exception or principal use. He noted that if they were allowed by special exception, they could consider each request individually and impose conditions or not, and regulate distances similar to the rental vehicle facilities. John Porter commented that from a business standpoint, a special exception would actually be better, because it is a barrier entry from competitors coming into the market. He advised that one way to accelerate the city's vision to get A1A where the city wants it to be is to lead by example. The city can starton the public right of ways, set up facade with improvements and redevelopment grants to -accelerate some of the things that-would,peak, the- interest of property owners _...._.._ _.................... and business owners to upgrade the looks of their properties. David Schirtzinger, citizen, advised that during the visioning workshops the public seemed to Iike the parking areas in Winter Park, which were located behind the buildings. They also liked the looks of the parking garages in Boca Raton. He was concerned about what was going to be done along A1A. He commented that what is done should support the residents and not necessarily the Port. The city has already allowed vehicle rental facilities which support the Port, more so than the residents. He advised that the parking problems he sees are at the beach end streets during the summer time, and existing vehicle rental facilities parking overflow on the grass. He commented that in Cocoa Beach parking facilities are located on the east side of A1A a block from the beach. He did not believe that there was currently a need for parking on the west side of A1A. He did not know if the hotels were breaking any codes or laws by allowing their customers to park their vehicles for long periods of time. John Porter advised that per the city code, a hotel must have so many parking spaces for the number of rooms. When they allow people to come there, rent a room, than leave their vehicle at the hotel while they take a cruise is double-dipping. He advised that there is a need for parking right now. The city would be serving a tax -payer and resident of Cape Canaveral by allowing him to use his commercial property, located along Al A, for a commercial parking facility. Following discussion, by consensus of the Board members, agreed to have Kate Latorre, Assistant City Attorney and Barry Brown, Planning & Development Director work together to draft an ordinance allowing commercial parking in the C-1 and C-2 zoning districts by special exception, to include: criteria for distance, adequate buffering along A1A, enhanced landscaping, consider parking in the rear, possibly incorporating requirements similar to vehicle rental facilities. Also, consider parking garages in M-1. Lamar Russell asked that they also incorporate the use into the visioning. Planning & Zoning Board Meeting Minutes April 14, 2010 Page 6 Barry Brown advised that staff would attempt to have the draft ordinance ready for the Board for review by the April 28th meeting. Once the Board makes it recommendation, the ordinance would then have two readings by City Council for adoption. He explained that if the ordinance is adopted for the use by special exception, then Mr. Porter would be back before the Board with a special exception request. OPEN DISCUSSION Donald Dunn asked when the Board would be considering adult care facilities. ....Barry- -Brown;- Planning -& "Development--Directo"r;' advised Tthat the issue was brought up by one City Council member, after a lengthy discussion about child care. He gave a list of his priorities, including: creating CRA districts, Ear Based Amendments, and creating mixed-use land development regulations. He noted that the city could not make any changes to the Comprehensive Plan until the Ear Based Amendments are adopted. Donald Dunn requested that adult care facilities be placed on a future agenda for discussion. Discussion was held regarding Hometown Democracy Amendment #4. Motion by Harry Pearson, seconded by Bea McNeely, to adjourn the meeting at 8:58 p.m. > I2-/2 hamar airperson Susan L. Chapman, PLANNING & ZONING BOARD MEETING MINUTES MAY 12, 2010 A Regular Meeting of the Planning & Zoning Board was held on May 12, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoog Barry Brown Todd Morley Jeff Ratliffe NEW BUSINESS Chairperson Vice Chairperson 1't Alternate 2d Alternate Secretary Assistant City Attorney Council Member Planning & Development Director Building Official Assistant Public Works Director 1. Approval of Meeting Minutes: April 1,4, 2010. Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of April 14, 2010, with Donald Dunn's inserted sentence, as read by Chairperson Russell - Vote on the motion carried unanimously. Chairperson Russell asked the Board members if they would consider changing the order of the agenda to move agenda item #4 to #2 in order to accommodate the petitioner, because the other agenda items could have lengthy discussion. Brief discussion followed. Motion by Harry Pearson, seconded by Donald Dunn, to move agenda item #4 up to 42. By unanimous consensus, the orders of the agenda items were changed. 2. Recommendation to Board _of_ Adiustment Re: Special. Exceotion Reauest No. 10-01 to Allow a Child Care Facility in the R-2 Zoning District at Palms East _Apartments, 211 _Caroline Street, Section 14, Township 24 South, Range 37 East, Parcel 502.0 — Jeffrey W. Wells, Petitioner for Palms East LLC, Properly Owner. Barry Brown, Planning & Development Director gave his staff report. He advised that the city code was recently amended to allow child care facilities in the R-2 zoning district by special exception. Palms East was requesting a special exception to allow a child care facility. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 4 Motion by Lamar Russell, seconded by Harry Pearson, to recommend to City Council that if the property is annexed the Board recommends that it be included into the R-2 zoning. Discussion followed. Vote on the motion carried unanimously. 4. Recommendation to City_ Council Re: Proposed Ordinance Amending Section 110 -557 -to -Allow Commercial Parking Facilities by Special Exception in the C-1. M-1 and C-2 Zoning Districts. Barry Brown, Planning & Development Director, explained the request and gave his staff report. The Board members reviewed, discussed, and commented on the proposed ordinance. Discussion was held regarding buffering and landscaping; future long term planning of how the City should be redeveloped, functionality and aesthetics; minimum area should be flexible; proposed hours of operation should be extended; other cities who allow commercial parking do not have the Port as their neighbor; the City is supporting the Port more than the citizens; what the visioning workshops revealed, what do the citizens want; large open undeveloped properties on the northern end of the city; commercial parking lots being detrimental to the City's future plan; allowing parking garages in the M-1 zoning district only; no parking lots in any zoning district; proposed distance between facilities; potential consequences if use is allowed; parking facilities at the north and south ends of the City; seven factors in the City code that are special exception criteria giving discretion on a site by site basis to consider if a request is an appropriate use on the site proposed; compatibility; commercial parking lot in Cocoa Beach across from Publix; types of security; highest and best property uses; commercial parking lots being a transitional use; market demand; City being a bikeable and walkable community; parking overflow at City hotels; providing and removing a service; allowing commercial parking only in C-1 and C-2; when the visioning process will begin; how parking fits into the vision; and not considering the ordinance until after the visioning is finished; allowing no commercial parking lots or garages in C-1 or C-2; allowing parking garages only in M-1; not allowing parking garages at all; existing vehicle rental facilities; ensure the City codes are in place as a result of the visioning before enactment of this ordinance; create the commercial parking ordinance from an architectural approach; ask the Planning Director to provide visioning information and guidance on how this request fits into the vision. Motion by Donald Dunn to table recommendation of the ordinance. Motion failed for lack of a second. Discussion followed regarding establishing a date to come back to the ordinance for recommendation. Barry Brown advised that the City has an application to amend the code, and at some point the Board needs to move forward and make a recommendation to the City Council, so that they can make a final determination. Discussion continued. Motion by Harry Pearson to recommend to City Council that the proposed ordinance be adopted, as written, in C-1 and C-2. Motion failed for lack of a second. Discussion followed. Motion by Donald Dunn to recommend denial of the ordinance to the City Council, because the Planning & Zoning Board needs more of a match between the visioning process and this code amendment request. Motion failed for lack of a second. Discussion followed. Planning & Zoning Board Meeting Minutes May 12, 2010 Page 5 The Board members agreed that since they could not reach a consensus, they would continue discussion at the next meeting. OPEN DISCUSSION No open discussion was held. Motion by Harry Pearson, seconded by Bea McNeely, to adjourn the meeting at 9:55 p.m. �d'yl Lam Russell, Chairperson '-"z_ ��, lam• 1 �w�C� Susan L. Chapman, Secretary Z?Ift 26 2,0 /,0. Date of prova PLANNING & ZONING BOARD MEETING MINUTES MAY 26, 2010 A Regular Meeting of the Planning & Zoning Board was held on May 26, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoog Barry Brown NEW BUSINESS DRAFT Chairperson Vice Chairperson 1st Alternate 2nd Alternate Secretary Assistant City Attorney Council Member Planning & Development Director 1. Approval of Meeting Minutes: May 12.2010. Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of May 12, 2010. Vote on the motion carried unanimously. 2. Continued Discussion & Recommendation to City Council Re: Proposed Ordinance Amending Section 110-557. to Allow Commercial Parkins Facilities by Special Exception in the C-1, M-1 and C-2 Zoning Districts (tabled at previous meeting). Barry Brown, Planning & Development Director, gave an overview of the agenda item and staff report. He advised that he gave this request a considerable amount of deliberation and concluded that this is an appropriate use given the right location, adequate buffering and screening, and the ability to limit the number of commercial parking facilities. He believed that the economics of paving and providing stormwater will preclude most people from converting their vacant land into commercial parking facilities. The advised the use should be allowed in C-1, C-2 & M-1, but was not supporting any parking garages at this time. Planning & Zoning Board Meeting Minutes May 26, 2010 Page 2 DRAFT Discussion was held regarding hours of operation. Following discussion, the Board members agreed that hours of operation should be flexible. Discussion was held regarding provisions for security. Following brief discussion, it was determined that provisions could be added to individual special exceptions as needed. Discussion was held regarding the need for parking. Bea McNeely commented that she recognized the need for parking and believed the ordinance criterion was adequate. Discussion was held regarding distance requirements between like establishments. Barry Brown advised that 1/3 mile was the distance requirement for vehicle rental facilities. Bea McNeely suggested that the distance criteria for commercial parking be changed to 1/2 mile to create more space between them. Donald Dunn advised that he would not support adding car lots on AIA, because they would not help or improve the look of the city. He commented that they should only be allowed in the M-1 zoning district. Ron Friedman disagreed. He believed that there was a need, in addition to Izzy's Restaurant. He pointed out that one of the car rental facilities was allowed a maximum of 28 vehicles and he recently counted 43 vehicles. He advised that another car rental facility parks vehicle overflow on the grass right up to the sidewalk. He explained that since part of the "vision" is to have people to come and walk around town to restaurants and shops, things the city does not have now, they will all need parking. He agreed with Mr. Porter that it is a reasonable request in our present economic times to get something out of the land now in terms of return, and when the economics get better the property owners will want to do something different with their land. John Johanson agreed that there is a need for parking for different reasons. He explained that on the south end of town, from the triangle south, there is a need for the restaurants and stores; however the north end appeared not to have the same need. He advised that new parking facilities would need to be built to current code, as there is no grandfathering, because the use as it stood now did not exist. He voiced his opinion that this issue needed to be addressed at the same time as the visioning so it is uniform with the "vision". He commented that if the open properties along the north end of the city were allowed to have commercial parking it would be a huge mistake. He wanted the distance requirement to be 1/3 of a mile south of the AIA split only, and no distance condition for the north end. John Fredrickson advised that he has Iived in the city for 19 yrs. This morning he drove from the north end of the city to the south end and looked at what his town has to offer. He advised that along AIA, there are two carpet stores, three car washes, three hotels, four gas stations, five car rental facilities who over park their lots, and do what they want. If they are a forewarning of future parking lots then he wanted no part of it. Planning & Zoning Board Meeting Minutes May 26, 2010 Page 3 DRAFT John Fredrickson continued to explain that there are at least 17 vacant lots, two outside entertainment places, Fairvilla, and a few nice buildings. When he turned around at the south end of the city and came back, he did not see a town that he would like to live in. There is nothing to recommend Cape Canaveral on the basis of driving in from the north, from route 528 south through the City. He noted that the City paid $35,000 for the visioning to find out how the City can improve and be something. We haven't even had a chance to implement the "vision", and the requests are already coming through for parking lots. Harry Pearson voiced his opinion that there was no need for a minimum separation between commercial parking lots. He commented that a 15 ft. buffer was excessive. Barry Brown commented that a 15 ft. buffer was not excessive; and along AIA 15 ft. should be considered a minimum. Discussion was held regarding the legal standing of the city's visioning. Chairperson Russell advised that if the Board makes a favorable or adverse decision based on the visioning, it will have no legal standing. The only legal standing that the members can base their decision on is the existing Comprehensive Plan and the existing zoning code. He commented that the Board has spent a lot of time on the visioning process, and everyone is worried about how commercial parking would fit in to the vision. It was unknown how commercial parking would compliment or mess-up the coming visioning. He advised that the vision is a facilitating plan and has no legal standing. Kate Latorre, Assistant City Attorney, explained that the visioning plan does not have the force of law. It's a planning tool and an impetus to start adopting Comprehensive Plan and Zoning Code amendments to the code so the City can obtain these things that have been included in the visioning. She did not see anything wrong with looking at the visioning for purposes in analyzing this proposed amendment to the code, it may or may not be relevant. It should be used as a guide to the portions that are appropriate. She noted that in reviewing the application the Board should be looking at from a planning and zoning perspective. He stated that the saying "build them and they will come" is nonsense, because there is nothing here for them to see. Chairperson Russell concluded that an ordinance for commercial parking was premature. Discussion continued. John Porter, applicant, advised that most of his points had already been made at previous meetings. He commented that most of the five City Council members supported paid parking at the beach ends and this request may weigh-in favorably, for the simple reason that if the City wants to do it, the taxpaying citizens should have that same opportunity. He advised that the many existing large parking lots on AZA are not well buffered or attractive, because they were installed so long ago, that none of the current City code applied back then. Planning & Zoning Board Meeting Minutes May 26, 2010 Page 4 DRAFT John Porter continued to advise that his parking lot would be heavily buffered, landscaped, and virtually unseen from AIA. He had no intention to get a special exception to enhance the resale value of the property. He planned to cash flow the property and keeps it long term. He commented that if they don't approve the ordinance the City is going to have more of what it already has right now. There is parking all around town which is a code enforcement issue, and there is natural pressure on existing infrastructure for more parking. Leo Nicholas, citizen, commented regarding the commercial parking that the City already has at this time. Specifically, the hotels on the north end. It either should be legalized or addressed by code enforcement for violation of the City code. The 800 lb. gorilla already exists. Joyce Hamilton, citizen, advised that she has traveled up and down A1A and has witnessed cars parked on the grass areas. She believed that there is a need for parking, not necessarily on AIA. She advised that one of the problems would be transporting the people once they park their vehicles. At 8:20 p.m. Chairperson Russell called for a five minutes recess. The meeting reconvened at 8:26 p.m. Chairperson Russell reviewed the special exception conditions. He advised that 1/3 of a mile would be changed to 1/2 mile, as suggested. Delete #9 -- hours of operation. Discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend that the City Council disapprove the ordinance to authorize paid commercial parking facilities by special exception. Vote carried by a 4 to 1 vote with members voting as follows: Donald Dunn, for; John Fredrickson, for; Bea McNeely, against; Harry Pearson, for; Lamar Russell, for. Donald Dunn asked when a vehicle is considered storage. Kate Latorre responded that the City code does not address that, and it would be a business by business decision. OPEN DISCUSSION No open discussion was held. Motion by Lamar Russell, seconded by Donald Dunn, to adjourn the meeting at 8:40 p.m. May 3, 2010 Mr. Todd Morley, CBO Building Official City of Cape Canaveral 7510 N. Atlantic Avenue P.O. Box 326 Cape Canaveral., FL 32920--0326 RE: Dear Mr. Morley: Charles W. Pindziak 13.2 E. Central Boulevard Cape Canaveral, Florida 32920 �5�3�0l0 DISTRIBUTION City CDVPLi� t Mayo Ci ir. Finance Dir, Parcel 24-37-15-00-00023.0-0000.00 Tax Account No. 2443981 This leiter is a follow up of our recent conversation in your office regarding my desire to obtain an application for a special exception to,allow "Parking" in Cl, C2 and Ml areas. You indicated that this application was not presently available. it was my understanding that this topic has been .recently discussed by the city and has been gaining momentum. I furnish this letter as a request that you formally notify me of the availability of this application as I would consider this option fo: my property lasted above which represents 6.9 acreas on Astronaut Boulevard adjacent and to the south of Purcell Carpets. Very truly Yo r Charles W. Pindziak Attachment #6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 07/06/2010 Item No. Subject: EAR based amendments for the Intergovernmental Coordination and Housing elements of the Comprehensive Plan. Department: Community Development Department Summary: This item is placed on the agenda as a discussion item. The public hearing and first reading of the ordinance adopting the proposed EAR based amendments will be on July 20, 2010. See Staff Report. Requested Council Action: Discuss and comment on proposed amendments. Financial Impact: None Attachments: (1) Staff Report. (2) Proposed amendment considerations and revised Intergovernmental Coordination Element. (3) Proposed amendment considerations and revised Housing Element. Submitting Department Head: Barry Brown Date:06125110 Approved by City Manager: E) `02 Date: C�J glfo City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral, Florida City Council July 6, 2010 STAFF REPORT Agenda Item: To review and discuss proposed EAR based amendments to the Intergovernmental Coordination and Housing elements of the Comprehensive Plan. Background: The Evaluation and Appraisal Report or EAR is a periodic evaluation of the City's Comprehensive Plan. The EAR assesses attainment of the goals and objectives in the Comprehensive Plan and identifies possible revisions to the plan that update the City's vision for its future and to recognize changes in the Florida Statutes and implementing regulations. Our EAR was adopted in November of 2007 and found sufficient by the Department of Community Affairs (DCA) in March of 2008. The EAR identified proposed amendments to the comp plan. Some of the proposed amendments were based on a review of the effectiveness of the goals, objectives, and policies in the comp plan. Others were the result of public input, recommendations from the 2007 Redevelopment Plan and 2009 Visioning Report, or legislative changes. The proposed amendments were reviewed by the Planning and Zoning Board on Wednesday June 23, 2010. While the amendments were properly advertized, the agenda had the amendments listed as a discussion item. Therefore, City Attorney Kate Latorre advised the P&Z Board to make an informal recommendation at this time and make a formal recommendation at the next meeting. The P&Z Board made an informal recommendation to approve the proposed EAR based amendments as presented. The proposed amendments are identified in the EAR and summarized in Section 7.0 Proposed Amendment Considerations. I have enclosed Section 7.0 Proposed Amendment Considerations for each element with the action taken shown in red underline. I have also included a copy of each element with proposed revisions in red underline. Staff Recommendation: Review and discuss the proposed amendments at the July 6, 2010 meeting. Approve first reading of ordinance adopting the proposed amendments at the July 20, 2010 meeting. Attachment #1 View Legal Ad# 198042 Print Window Close Window; AD#198042,06/21 /2010 NOTICE OF PUBLIC HEARING The Local Planning Agency of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing proposed revisions to the Comprehensive Plan in the City of Cape Canaveral Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Wednesday, June 23, 2010. The proposed amendments are based on recommendations listed in the Evaluation and Appraisal Report adopted December 2007 and may be inspected in their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1220) 48 hours in advance of the meeting. Angela M. Apperson City Clerk 68—NOTICE OF SALE -- AD#: 198042 Publication: Florida Today First Published: 06-21-2010 Page 1 of 1 http:Illegals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=55842 6/22/2010 7.0 Proposed Amendment Considerations Based on the data and analysis reviewed by the EAR, proposed amendment considerations to each element are suggested. This section will break down the proposed amendment considerations for each element as related to: 1) Review of the Existing Goals, Objectives and Policies (GOPs) — taken from Section 3.0 — Assessment of the Comprehensive Plan. 2) Public Input/Major Issues — these issues were identified in the series of Public information sessions as referenced in Section 2.0 — Public Participation Activities. 3) 2007 Redevelopment Plan (prepared by the Business and Cultural Development Board) — include issues raised during the preparation of the 2007 plan. A copy of which is included in. the Appendix. 4) Special Topics — as discussed in Section 5.0 and required by the State of Florida. 5) Legislative changes — as discussed in Section 4.0 and required by the State of Florida. For each element, the information has been divided into sub -sections as previously discussed in the document. These are proposed considerations for amendment as part of the EAR -based amendment process. These potential amendment considerations shall include additional data and analysis as part of the EAR -based amendment process. Intereovernmental Coordination Element (ICE) 1) Review of Existing GOPs • All the Objectives should be measurable or have a measurable target. This recommendation applies to all elements. ■ Update GOPs (and/or cross reference) as necessary to reflect 5 and 10 year planning timeframes. This recommendation applies to all elements. Five years is the short term timeframe and _10 years is the longterm. erm. ■ Revise the Canaveral Port Authority title, it is now known as the PortCanaveral Authority. According to their website, the appropriate title is Canaveral Port Authority and is reflected in the comp plan. 2) Public Input/Major Issues ■ N/A 3) Redevelopment Plan— Objective 1.5 Administrative Consider adding new policies to IG -1 in the ICE to: ■ Establish a Community Redevelopment Agency (CRA). See policy IG- 1.4.1. Evaluate the potential of participating in the Main Street program. Cape Canaveral does not have a traditional downtown nor a commercial center. Our current situation is not Attachment #2 conducive for a Main Street program. The 2009 Visioning Report calls for a traditional "town center" development and staff is currently addressing enabling comp plan language to accommodate such a development. Also, the "Local Focus" program, an outreach of the Cocoa Beach Chamber is being established to help local businesses organize. Develop a City "brand" or identifiable character which represents the core values of the community. See policy 1G-1.4.2. „ Development of a. City„_"brand" has also been identified in the 2010 Economic Development Action Plan. Review the redevelopment plan quarterly, with the next complete update due in 2012. Plan should be reviewed annually, but this does not need to be in the comy plan. 4) Special Topics Assessment of the FLU and Residential Coordination with the Brevard County School Board - The coordination of the comprehensive plan with existing public schools is required pursuant to the legislative change in Chapter 163.3191 (2) (k), F.S. This update requires a School Concurrency Element by December 2008. See also in the legislative changes table below. Done. The Public School Facilities Element was adopted in December of 2008. 5) Legislative Changes ■ The below table illustrates the proposed amendments to this element based on required legislative changes: U U W U oo 0 0 ++ ' 3 0 "" y 0 0 0 0 0 U ti Ou N -o N U O 44 ^-^� Z~.P, o a>o P, . � ° �' 0 00 a4 ^` O a) O +� O b vq O. '� cd O cd O 0 O+{ U 4 O W 61 d W w ry t� P, rn m � , U a � a a ° ccs CO o cd P -t � W � CC C� cri M c* t M _y M M \0 110 \0 \0 I\p 0 0 u o -,— r. En 00vi ',' D U 10 0 �- ai 0 0 O F0-� A � 1 O o c� +' O a� U, °� Q �" O F" tC � S3, v R, �+ +� 0" -- N 00 c Rs v •moi , 7 ^�+ N O cd , O Q 0-4 O 0 a) O ren o— •r Ocd U O c) a) '� a) 4 cn bA A 3 a) CD CDS g �� as li � CD a� �.°—,a -d Do4.1 o s04 7iCA 0 U O 5 0 mob— 2 -*� 0 CG .O D 0 00O U 0 00 0°� + O° N ¢+ OU V.)5zl+ rn O O cii M Ed b 0 00 >I 'O ap 0 0 0 0 0 0 =O 0 cd -0 n ° 0 � '�C � � 0 o o "d o im. 'r1 a) In a) cd ° c) � r� U 'rs � .r' c� •—•� v� con 8 N G 0 cn 0 00 W O Q. o ai 4-4 — a y° o0 ani o Cwt O p ID o o•�'> ° o n tea. o w o o U t t�rn... o o l In .. O W U S-4 ° O O v 0 0 aS " O fW e{i �o ;6" n v M M u U -- -- U � O O U O C) p O va O 0 p *-y O ' NN+ O p. in 4-4"d .p 40 ren U N o ga. in, N fl O N0 � b Q �3 con ;z ° Q c G' U �-S o 3„�, 4-4 V5 O o o 0 2 U ,� � � •� O •� � N � � ami ,� o !�" } O 2 EC 4..i U �i N �i J, + c� i 9 5 S 'D.°�,� O U30 a) >000 .n vi +� vi o a q to c ry O 4" U cu U 'C3 'd •--� ,_ , 'orq 0 �/ > > U CD Q ri e a� or N p 17 rC w � 45 ;C/5 oE- � �Wa•�w a..�� U d CD 0 R'UC � o a b, o as bp o on o CA 0 ° c� -d o v r? wooc b� oo a �5 o � ° a ami -d i 0 o �v o tri b 75 o r -0 o " " - o '+ rn 0 41 p �0 Cdm 'O H c, o to .,., vs r-. m tp C3 v v �+ ms t4 °o 0 0 0 °o � U o °� to O'er L) UQ u—K A J Baa Ow !.j N ■ ■ ■ ■ c ■ r ■ t� w o F. y O cyS O O D O O V � � � Y�M��, �1M..�y Gd � � � .� 1y -S I•• -f -t .r. N_"U t7 d N ~ � s." O Qt tZr O O O O O O oo y c�ei Q C) UD V, .� �•v•oU � •� �C.) O Q O O O W ON Q 79 O F4 P� � P- U P -i rU-� PL4 I. -I U r U •Q V� l(] y O O O p 'C N Sy *-9 (� O 9 •� 10' � ( O V3 'a 5y �c0 Pi `o O U o 43a� � o tin }' cd U O O O O .n 4-4 O O my ;� i? U O -P o o C) O 0 •� o - o O U v ,- 0 FY i-1 V 2 i4 +1 � 00 '4Q Q� U °' i,� O &0� °1 o i tei o .� o 0 3 •O cd 0o P, ss. o' �oz ani w y p 0 oO ' ° �w .� A~.�. 8 el O.- 0 GYi O K �I oMo 00 Comprehensive Plan INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Prepared by MILLER LEGG, INC. 631 S. Orlando Avenue Winter Park, FL 32789 (407)-629--8880 GOAL 1 The City shall participate in coordinated activities with State, County, Regional and adjoining community governments in order to better provide for the public health, safety and welfare of its inhabitants. Objective IG -1,1: The City shall coordinate its planning efforts with the plans of school boards, other units of local government providing services but not having regulatory authority over the use of land, and with the planning efforts of Cocoa Beach, Cocoa, Brevard County, the e€ Canaveral Port Authority, the East Central Florida Regional Planning Council, and the State of Florida. The measurement of this Objective shall be the degree to which the following Policies are implemented. Policy IG -1.1.1: The City shall request the review of plans of others to ensure compatibility between uses within Cape Canaveral and areas immediately adjacent to the Cape Canaveral city limits. Policy IG -1.1.2: The City shall review policies of the State, regional entities and Brevard County to encourage conformance of the City's Plan with those of these other governments. Policy IG -1.1.3: The City shall exchange planning information on a regular basis with the City of Cocoa Beach, the City of Cocoa, Brevard County, the Brevard County Housing Authority, the Brevard County School Board, and any other units of local government providing services in the City but not having regulatory authority over the use of land therein. Policy IG -1.1.4: The City _shall coordinate with the School Board regarding the Board's appointment of a non- voting member to the Plannin and Zoning Board. Objective IG -1.2: The City shall cooperate with any state, regional or local entity having operational and maintenance responsibility for public facilities within Cape Canaveral in establishing level -of -service standards for those facilities. The measurement of this Objective is the degree to which the following Policies are implemented. INTERGOVERNMENTAL COORDINATION Page 2 City of Cane Canaveral Policy IG -1.2.1: The City shall cooperate with the Florida Department of Transportation (FDOT) in establishing level -of -service standards for State highways within the City. Level of service standards for roadway facilities on the Strategic Intermodal System must be consistent with FDOT standards. Standard must consider „compatibility with adjacent jurisdictions. Furthermore, the City shall work towards greater communication with the FDOT on transportation and growth management issues. Policy IG -1.2.2: The City shall cooperate with the City of Cocoa in establishing level -of -service standards for Cocoa's water system within Cape Canaveral and shall consult with the Ci1y of Cocoa 12rior to issuing building ermit to ensure adequate water supplies to serve new development will be available by the date of issuance of a certificate of occupancy. Policy IG -1.2.3: When conflicts occur between Cape Canaveral and other governmental entities, Cape Canaveral shall consider the use of the Regional Mediation Process in resolving such conflicts. Policy IG -1.2.4: The City shall coordinate any proposed or requested annexations with Cocoa Beach and/or Brevard County. Policy IG -1.2.5: When development within Cape Canaveral is proposed adjacent to the city limits, the City shall review the proposed development in relationship to the existing comprehensive plans of adjoining governments. Policy IG -1.2.6: The City shall, where practicable, coordinate the management issues concerning the Banana River and the Atlantic Ocean with other governing bodies bordering on said river and ocean. Policy IG -1.2.7 - The City will share information on level -of -service issues with the following entities: P&�Canaveral Port Authority (for drainage and transportation), Cocoa Beach (for recreation, drainage, and transportation), Brevard County (for solid waste and transportation), ECFRPC (for planning assistance), City of Cocoa (for potable water), and FDOT (for transportation). INTERGOVERNMENTAL COORDINATION Page 3 Citv of Cave Canaveral Objective IG -1.3: The City shall, through coordination with adjacent units of local government, including Brevard County and the Canaveral Port Authority, and coordination with regional entities such as the ECFRPC and the SJRWMD, and coordination with State agencies, facilitate the mutual consideration of the impacts of development proposed in this Plan. The measurement of this Objective is the degree to which the following Policies are implemented. Policy IG -1.3.1: The City shall ensure that the coordination entities cited in Objective IG -3 are made aware of the contents of this Plan as far as proposed development is concerned, and the City shall be receptive to comments from those entities concerning the impacts of the proposed development. Policy IG -1.3.2: The City shall discuss and share information on infrastructure services regarding proposed development with Pe# Canaveral Port „Au_h-ority (saF&afy seweF drainage and transportation), Cocoa Beach (recreation, drainage and transportation), Brevard County (solid waste and transportation), ECFRPC (planning assistance), City of Cocoa (potable water), and FDOT (transportation). Objective IG -1.4: Establish the administrative and financial mechanisms necessgU to achieve the goals and objectives of the City of Cape Canaveral Redevelopment Plan. Policy IG -1.4.1: Establish a Communi Redevelopment Agency CRA . Policy IG -1.4.2: Develop a Ci "brand" or identifiable character which represents the core values of the community. Policy IG -1.4.3: Iden 't and evaluate the various jQjy Boards and how they interact and overlap with each other. INTERGOVERNMENTAL COORDINATION Page 4 Citv of Cane Canaveral Goal 2 The City shall establish and maintain a cooperative relationship with the Brevard County School Board to provide an effective joint planning process including procedures to coordinate land use planning with the development of school facilities including public school siting, population projection calculations, and the provision of public schools concurrently with residential development and infrastructure. Objective IG -2.1: The City shall establish coordination mechanisms with the School Board to achieve a collaborative effort to identify school needs, provide for schools facilities and implement school concurrency using consistent supporting data and analysis. Policy IG -2.1.1 in cooperation with the School Board, the City shall adopt and implement the interlocal agreement as required by Sections 163.31777 and 1013.33 F.S., which includes procedures for: a) Coordinating and sharing information b) Placement of schools and ancillary facilities c) Amendment and review of the Comprehensive Plan d) Site design and development plan review e) joint development of schools, parks and other uses f) Implementation of school concurrency g) Implementation of interlocal Agreement amendments h) Resolution of disputes Policy IG -2.1.2 The City shall participate as members of School Board committees listed in the Interlocal Agreement to assist with the coordination of school placement, review of School Board data, provision of determinations of impact fee fund distribution INTERGOVERNMENTAL COORDINATION Page 5 Citv of Cane CanaveraI and review of proposed school concurrency amendments to local government comprehensive plans Policy IG -2.1.3 The City shall review School Board data and share development information, population projections and infrastructure availability information with the School Board consistent with the procedures provided in the Interlocal Agreement. Policy IG -2.1..4 The City shall provide the School Board with applications for new development in accordance with the provisions in the Interlocal Agreement. Objective IG 2.2: The City shall adopt regulations necessary to implement school concurrency. Policy IG -2.2.1. The city shall adopt regulations necessary to implement school concurrency no later than the date of issuance by the State Department of Community Affairs of a Notice of Intent to find the Public School Facilities Element in compliance. INTERGOVERNMENTAL COORDINATION Page 6 Citv of Cane Canaveral 7, 0 Trore/&� Housing Element 1) Review of Existing GOPs ■ All the Objectives should be measurable or have a measurable target. ■ Evaluate housing implementation programs available to the City and add to Objective H- 1 as appropriate. See amended Policy H-8.1 and H-8.2. ■ Consider grant funding for archeological / historic property survey of the City. Also, the City should continue working with the appropriate agencies and develop a process for designating historical structures consistent with the Florida Master Site File, National Register of Historic Places or other designating entity. Add policies to Objective H-6. See amended Policy H-6.1. ■ Consider evaluation of available housing implementation programs available to the City pursuant to Objective H-8. See Policy H-8.2. ■ Revise wording from "Affordable" to "Attainable" where AppropAate. ■ Revise the word "housing" to "structures" where gppropriate. An exam le of this would be Objective H-6 which states: "The_ City_ shall take steps to identify and preserve all historically -significant housing." Revised housing to structures where gppropriate. 2) Public Input/Major Issues Strengthen or revise Objective H-2 to provide more Obtainable or ale Attainable Housing within the City. No change necessary. Consider adding a policy to Objective H-8 to identify areas within the City or surrounding region suitable for use as housing redevelopment areas. No action. Areas qppropriate for redevelopment mqy be identified during the creation of the CRA. 3) Redevelopment Plan Consider adding new policies to H-2 in the Housing_ Element to: ■ Add policy to identify structures in need of repair and availability of assistance to property owners to complete repairs. See revisions to H-3. ■ Add policy in Objective H-3 to reduce the number of substandard units by 2012 (recommendation of the 2007 Redevelopment Plan) See revisions to H-3. 4) Special Topics ■ N/A 5) Legislative Changes ■ The below table illustrates the proposed amendments to this element based on required legislative changes: Attachment #3 .0 PC 'Z ,4.' � w a� o Cd v -4-N O O79 ,U,+ O W 'n 14;° N A 'O 4o O C) ax �A �H C/)U -00 � COY �Q i U Id •.O .-- �•� _ bA w U h � U N c4 W M >CJ � D O M � 0 cn PC UU � ax V �4---dl bl) �. v '� C ��• 0) ;= O U Cc er: 01.00 y � O rl GO` A !�" a, cd V o � � o + Cd' -d 3 ai O o Id � c 48 U . V 40 © M le� 0 00 � 'G '✓ N 41 .•Q m GJ 74 ra, cd :t4 75 0 cd M C V1 o o v3 rd o r.j +2 yO Cd O w O w � ,� Q. ami >1-4 Q•� N�}-( 0 i••I CN io CP "O oma N U SUy 0 Vi r O qT 5 03 :-N 0 .—.• � O .-: � U a� N Lei _ bA U U N c4 rn ap GJ cu >CJ D O 0-0 cn ax V �4---dl v U � � n u 01.00 y � O a� o o � � o U Cd' -d Id � c 48 U . V W 'O UO 'cn le� 00 .•Q GJ Comprehensive Plan HOUSING ELEMENT GOALS, OBJECTIVES and POLICIES Prepared for The City of Cape Canaveral Prepared by MILLER LEGG, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 GOAL Assure that existing and future residents of the City of Cape Canaveral have access to safe and sanitary housing at an affordable price. Objective H-1 Periodically review and update the regulations and limitations regarding housing construction in the different zoning districts of the City in order to maintain and/or upgrade existing standards of housing in terms of floor space, lot size, etc. The measurement of this Objective is the actual review and update of these regulations, plus the degree to which the following Policies are implemented. Policy H-1.1 The City shall continue to review and update of the regulations and limitations regarding housing construction. Policy H-1.2 The City shall adopt updates to the standard building, housing, plumbing, electrical and similar codes as these occur and as feasible. Policy H-1.3 The City shall evaluate housing implementation programs available to the City. Objective H-2 The City shall identify and implement measures which facilitate the provision of additional decent, safe, and sanitary affordable housing in the community to address the unmet housing needs of the lower-income segment of the population. The measurement of this Objective is the extent to which housing needs are met for the general populace, lower-income families and those with special needs, plus the degree to which the following policies are implemented. Policy H-2.1 The City shall work with the private and -non-profit sectors as well as with other public entities to improve coordination among participants involved in housing production. Policy H-2.2 The City shall periodically review the regulatory and permitting process and will improve it as deemed necessary. Cihj of Cape Canaveral Comprehensive Plan Section 6 - 3 Adopted- January 5,1999 A99802jadopted\gops\hcuising Policy H-2.3 The City shall utilize existing and updated standards addressing the quality of housing and the stabilization of neighborhoods and identification of historical buildings. Policy H-2.4 Communicate with the Brevard County Housing Authority to facilitate federal, state and local resources to increase the supply of affordable housing for low- and moderate - income households and elderly/handicapped residents. Objective H-3 Protect existing and future neighborhoods from impacts that would negatively affect the quality of the residential environment and eliminate substandard housing conditions and work toward the structural and aesthetic improvement of existing housing. By 2015 the City shall have prepared an assessment of the existin substandard housing units as defined by Rule 9175 B.A.C. and investigated the proams and funding sources available to RpUade the individual structures to a standard condition. The measurement of this Objective is the number of substandard housing units eliminated and the amount of structural and aesthetic improvement of existing housing, plus the degree to which the following Policies are implemented. Policy H-3.1 The City shall, as needed, develop principles and standards to guide conservation, rehabilitation and demolition techniques and strategies to upgrade housing within the City. Objective H4 Provide adequate sites for low- and moderate -income families and for manufactured homes. The measurement of this Objective is the number of sites for low- and moderate -income families and for manufactured homes within the City, plus the degree to which the following Policies are implemented. Policy H-4.1 The City shall cooperate with the Brevard County Housing Authority to make available the Rental Assistance Programs for low- and moderate- income families. Policy H-4.2 The City shall develop principles and criteria guiding the location of housing for low - and moderate- income families, including supporting infrastructure and public facilities. Cihj of Cape Canaveral Comprehensive Plan Section 6 - 4 Adopted - janrcary 5,1999 P98802\adoptedXgops�housing Objective H-5 Provide adequate sites in areas of residential character for group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services. The measurement of this Objective is the number of sites available for such facilities, plus the degree to which the following Policies are implemented. Policy H-5.1 The City shall permit housing for low- and moderate- income families in manufactured homes, group homes, foster care facilities, and households with special needs, including supporting infrastructure and public facilities as defined, licensed or funded by the Florida Department of Rehabilitative Services shall be permitted in residential districts Objective H-6 The City shall take steps to identify and preserve all historically -significant heg structures to include funding for an archeological/historic property survey of the City. Policy H-6.1 As hea ng- tructures in the City attain historical significance, such heusing structures shall be identified. The City_shall continue working with_fhe aero rip ate agencies and develop a process for desigDating historical structures consistent with the Florida Master Site File National Register of Historic Places or other designating enti . Policy H-6.2 The City shall consider arranging for a systematic, professional, architectural and historical survey to determine the possible presence of historically -significant hous structures within the City. Policy H-6.3 The City shall consider the adoption of an appropriate Historic Preservation Ordinance to assist in the preservation of historically -significant hong-structures. Policy H-6.4 When Brevard County establishes a Local Register of Historic Places, the City shall periodically exchange information with that agency relative to any historic places in Cape Canaveral. Cihj of Cape Canaveral Comprehensive Plan Section 6 - 5 Adopted - Januantj 5,1999 f, 98802 \ adopted l gops j housing Objective H-7 Provide necessary relocation housing. The measurement of this Objective is the provision of relocation housing when it is needed, and the degree to which the following Policy is implemented. Policy H-7.1 If occupied housing is eliminated by City action, relocation housing and/or assistance shall be provided as required by law. (Section 421.55, Florida Statutes) Objective H -S Formulate housing implementation programs. The measurement of this Objective is the end product plus the degree to which the following Policies are implemented. Policy H-8.1 The City shall investigate and evaluate various housing implementation programs in order to €erre determine those programs which are best for Cape Canaveral. Policy H-8.2 The City shall investigate and shall decide which, if any, of the various housing implementation programs shall be used by the City. Objective H-9 Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for low-income and moderate -income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this Objective is the extent to which housing variety occurs within the City and the degree to which the following Policies are implemented. Policy H-9.1 The City shall encourage residential developments such as Planned Unit Developments to provide a variety of housing types and cost ranges. Policy H-9.2 The City shall prohibit placement of mobile homes outside of mobile home parks. Policy H-9.3 The City shall promote single-family and other low density housing types to balance the many high-density residential developments in the community. Policy H-9.4 The City shall encourage innovative housing development and creative residential land use arrangements through the development regulation process. Citj of Cape Canaveral Comprehensive Plan Section 6 - 2 Adopted - Januanj 5, 1999 P 98802 ti adopted jgops} housing City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 6, 2010 Item No. 4 Subject: Discussion of Pain Management Clinic Regulation. Department: Legislative Summary: At the last Space Coast League of Cities Meeting on Monday, June 14, 2010, Council Member Bob Hoog received information contained herein as provided by Paul Gougelman, General Counsel to the Space Coast League of Cities, to municipalities in Brevard County regarding Pain Management Clinics. Requested Council Action: nla Financial Impact: unknown at this time Attachments: Memo to Space Coast League of Cities Board of Directors with the City of Satellite Beach Ordinance No. 1033 Providing for Regulation of Pain Management Clinics. Submitted by: Council Member Hoog Date: 06-15-2010 Approved by City Manager: Date: k/a T Jf'> City Council Action: [ ] Approved as Recommended j ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain MEMORANDUM TO: Board of Directors, Space Coast League of Cities FROM: Paul Gougelman, General Couns e SUBJECT: Pain Management Clinics DATE: June 10, 2010 At the last meeting of the League, Satellite Beach Mayor Joe Ferrante made a presentation to the Board regarding pain management clinics, commonly known as "pill mills." Mayor Ferrante advised the Board of the danger to the community posed by these facilities, and that these facilities would soon be attempting to open for business in Brevard County. Mayor Ferrante informed the Board that the City of Satellite Beach was leading the way in Brevard County to regulate pain management clinics and to stop the proliferation of pills mills. I offered to prepare a package of materials for each municipality in Brevard County, including the proposed Satellite Beach regulatory ordinance and a new Florida law which regulates pill mills. I suggest that you discuss these materials with appropriate individuals in your municipality. Attached to this memo, please find: 1) Satellite Beach Ordinance No. 1033. This Ordinance has already been presented on first reading; 2) Memo Pram Commander Brad Hodge to Satellite Beach City Manager Mike Crotty dated April 8, 2010 relating to Pain Management Clinics with numerous attachments; 3) Chapter No. 2010-211, Laws of Florida, (CS/CS/Senate Bill 2272) a new state law regulating pill mills; and 4) Bill Analysis and Fiscal Impact Statement for CS/CS/Senate Bill 2272 (Chapter No. 2010-211, Laws of Florida). PRG/- ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, AMENDING SATELLITE BEACH CITY CODE TO PROVIDE FOR REGULATION OF PAIN MANAGEMENT CLINICS; MAKING LEGISLATIVE FINDINGS; AMENDING DEFINITIONS CONTAINED IN SECTION 30-107, SATELLITE BEACH CITY CODE; CREATING A NEW CONDITIONAL USE IN SECTION 30-416(c), SATELLITE BEACH CITY CODE; CREATING NEW SECTION 30-621, SATELLITE BEACH CITY CODE, REGULATING LOCATION AND REQUIREMENTS FOR OPERATION OF PAIN MANAGEMENT CLINICS; PROVIDING AN EFFECTIVE DATE. (SECOND READING) WHEREAS, the City Council finds that the illegal sale, use, and delivery of controlled substances is a threat to the health, safety, and welfare of the residents of the City; and WHEREAS, the City Council has been made aware by news reports, both in- state and out-of-state, as well as a recent interim grand jury report, that a pattern of illegal drug use and distribution has been associated with pain management clinics in South Florida which dispense on-site narcotic drugs; and WHEREAS, the newspapers and interim grand jury report have published information describing a "pipeline" of drugs being "trafficked" from South Florida pain management clinics to users in other states, including but not limited to, Kentucky, West Virginia, and Ohio; and WHEREAS, since the generation of those news reports and the grand jury report, many local governments in South Florida have adopted, or are in the process of adopting, ordinances to regulate these pain management clinics; and WHEREAS, as a result of the adoption of these ordinances and the heretofore lax regulation of these clinics, pain management clinics have migrated north from South Florida; and WHEREAS, the threat of increased crime associated with these pain management clinics is very significant and could undermine the economic health of the City's current redevelopment efforts; and WHEREAS, the secondary effects of pain management clinics, including increased traffic, recurring parking problems, large percentages of out-of-state patrons, and increased and disproportionate demands on law enforcement, far outweigh the benefits of such businesses in the City, which could undermine the City's current redevelopment efforts; and WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution, and ancillary activities by the creation of a secure and privacy -protected, statewide electronic system of monitoring prescription drug medication information, and ORDINANCE NO. 1033 PAGE 2 to encourage safer controlled substance prescription decisions and reduce the number of prescription drug overdoses, deaths, and related crimes; and WHEREAS, it is the intent of this ordinance not to interfere with the legitimate use of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at pain medication clinics as defined herein, to the extent permitted by law; and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispensed, the City's residents, visitors, and businesses are more vulnerable to criminal activities, despite the provision of law enforcement services; and WHEREAS, the Planning and Zoning Advisory Board, after public hearing, finds the contents of this ordinance to be consistent with the land development regulations and existing development within the area covered by this amendment and recommends approval of same; and WHEREAS, the City Council, following all public hearings required by law preliminary to the adoption of this ordinance, has found and determined that this amendment is consistent with the City's development, its comprehensive plan and land development regulations, and otherwise promotes the general health, safety, and welfare of its residents and other members of the public. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SATELLITE BEACH, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The foregoing recitations are ratified and incorporated herein by reference. SECTION 2. Section 30-107, Satellite Beach City Code, is amended to create or amend the following definitions: Sec. 30-107. Definitions. Drug Store shall mean a retail pharmacy, with or without a drive-thru lane, unless otherwise specified in this Code. Medical Office shall mean a professional office that provides services to the public by physicians, dentists, surgeons, chiropractors, pharmacists, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, or others who are duly licensed to practice their respective professions in the State of Florida, as well as other persons, including technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. Retail pharmacies staffed by pharmacists that P ORDINANCE NO. 1033 PAGE 3 sell prescription drugs, nonprescription drugs, or both, as well as other goods for sale to the public are not medical offices for purposes of this Code. Pain management clinics are medical offices for purposes of this Code. Pain Management Clinic shall mean any office, center, clinic, or other facility unaffiliated with any hospital, hospice, and/or facility for the treatment of the terminally ill in Brevard County, Florida, for which its primary focus, advertising, or concentration is providing, prescribing, and/or dispensing of medication (i) to persons with complaints of pain, chronic or otherwise, or (ii) with the intent to reduce or manage pain. Retail Pharmacy shall mean a business offering goods or services for retail sale and on-site dispensing of prescription drugs, nonprescription drugs, or both. SECTION 3. Section 30-416(c) (Commercial District, Conditional Uses), Satellite Beach City Code, is amended by creating a new subsection (16) to read as follows: (16) In addition to complying with the general conditional use requirements of this Code, pain management clinics shall comply with the provisions Section 30-621 of this Code. SECTION 4. A new Section 30-621, Satellite Beach City Code, regarding Pain Management Clinics is hereby created to read as follows: Sec. 30-621. Pain Management Clinics (a) Pain management clinics shall be allowed only in the C, Commercial District of the City and shall be prohibited as home occupations. Pain management clinics are subject to the following supplemental regulations: (1) On-site sale, provision, or dispensing of those substances identified in Schedules I, 11, III and IV in §893.03, Florida Statutes, and those identified in and by Sections 893.035 and 893.0356, Florida Statutes, is prohibited, unless otherwise expressly permitted by state or federal law. (2) Any parking demand created by a pain management clinic shall not exceed the parking spaces located or allocated on site, as required by the City's parking regulations. An applicant shall be required to demonstrate that on-site traffic and parking attributable to the pain management clinic will be sufficient to accommodate traffic and parking demands generated by the pain management clinic, based upon a current traffic and parking study prepared by a certified 5 ORDINANCE NO. 1033 PAGE 4 professional. Traffic and parking analyses shall be predicated in part upon traffic and parking impacts from existing pain management clinics in Florida. The source of any such information shall be provided to the City for purposes of verification. City staff shall be required to verify the information contained in traffic and parking study(ies) with the appropriate official(s) of the local government(s) where the comparable information is derived. (3) No pain management clinic shall limit the form of payment for goods or services to cash only. (4) No pain management clinic shall be located within 1,000 feet of any school, as defined in section 10-36, Satellite Beach City Code. (5) Pain management clinics may operate daily during the hours of 8:00 a.m. to 8:00 p.m. (6) Each business day, on a form promulgated by the City, pain management clinics shall provide to the Satellite Beach Police Department a daily summary containing the following information from the prior business day: a. The total number of prescriptions written that day by each person authorized by law at the pain management clinic to prescribe drugs; b. The total number of doses of drugs sold and/or dispensed by the pain management clinic that day (including samples), indicating which doses were sold or dispensed; the person prescribing same; and the manner of payment by each person who was dispensed drugs at said clinic that day; c. The total number of persons seen by the pain management clinic that day; and d. The state of residence of each person to whom drugs were prescribed or dispensed that day. Information required under this section shall be provided under oath by the medical director and/or the person prescribing or dispensing the drugs. To the extent such information is not otherwise required to be maintained by any other law, the back-up for the required daily summary shall be maintained by the pain management clinic for 24 months. (7) Each application for a certificate of occupancy or business tax receipt for a pairs management clinic shall disclose each owner and operator of such clinic, and the individual principals of any entity that owns such clinic. Such information shall be updated within 30 days of any change in ownership or the principals of any owner. ORDINANCE NO. 1033 PAGE 5 (S) No pain management clinic shall be wholly or partially owned by, or have any contractual relationship (whether as a principal, partner, officer, member, managing member, employee, independent contractor, or otherwise) with any physician, pharmacist, or any other person who prescribes drugs and who, within five years prior to the receipt of any application for a certificate of occupancy or business tax receipt, (i) has been suspended, had his or her license revoked, or been subject to disciplinary action for prescribing, dispensing, administering, providing, supplying, or selling any controlled substance in violation of any state, federal, or similar law where such person is licensed to practice; (ii) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law where such person is licensed to practice related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying, or selling any controlled substance; (iii) has been suspended, had his or her license revoked, or been subject to disciplinary action by any state, federal, or other governmental entity where such person is licensed to practice; (iv) has had any state, federal, or other governmental entity where such person is licensed to practice take any action against such person's license as a result of dependency on drugs or alcohol; or (v) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. (9) No pain management clinic shall be wholly or partially owned by, or have as a principal, partner, officer, member, managing member, or otherwise where the owner is an entity, any person who (i) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law where related to drugs or alcohol, or (ii) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. (10) No pain medication clinic shall employ any person who has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude within any five-year period before any application for a certificate of occupancy or business tax receipt. Any application for a certificate of occupancy or business tax receipt shall include an affidavit, under oath, by the medical director, attesting that neither the medical director nor any other person employed in any capacity by the pain management clinic, whether an employee, independent contractor, or otherwise, (i) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying, or selling any controlled substance; or (ii) has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. The failure to provide the required affidavit shall result in the automatic revocation of the pain management clinic's right to operate in the City. (11) A pain management clinic shall be operated by a medical director ORDINANCE NO. 1033 PAGE 6 who is a Florida -licensed physician, board-certified in pain medicine. (12) In order to obtain a certificate of occupancy or business tax receipt, a pain management clinic shall provide with its application (i) an inventory of diagnostic equipment to be located at the clinic, (ii) a natural disaster management plan, and (iii) a floor plan showing the location and nature of adequate security measures, including those required by the State of Florida for controlled substances, to safeguard all drugs to be dispensed in the course of its business. (b) Any remedies related to enforcement of the regulations recited herein are in addition and supplemental to those existing by law. SECTION 5. Severability Clause. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remainder of the ordinance shall not be affected thereby; and it will be presumed that the City Council for the City of Satellite Beach did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 6. _Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. Effective Date. This ordinance shall become effective immediately upon its adoption. SECTION 8. This ordinance was duly passed on first reading at a regular meeting of the City Council on the 2"d day of June 2010 and adopted on the second and final reading at the regular meeting of the City Council on the day of .2010. JOSEPH R. FERRANTE, Mayor ATTEST: Barbara Montanaro, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 6, 2010 Item No. 7 Subject: Discussion related to Red Light Cameras, House Bill 325; effective July 1, 2010. Department: Legislative Summary: Information contained herein details the purpose of Red Light Cameras, House Bill 325, which authorizes counties or municipalities to use cameras to enforce Sections 316.074(1) and 316.075(1)(c)l., Florida Statutes. Requested Council Action: nla Financial Impact: unknown at this time Attachments: Summary from Florida League of Cities Staff Newspaper articles regarding the bill Submitted by: Council Member Shannon Roberts Date: 06-07-2010 Approved by City Manager: 6>-qx� Date: 6 /:' 7//0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain CAMERAS AT RED LIGHTS By: Kraig Conn After over five years of attempts, the Florida Legislature has finally passed a bill on the use of cameras at intersections to enforce red light traffic laws. CS/CS/HB 325 ("the bill") is the result of tireless efforts by the primary sponsor in the House, Representative Ron Reagan, and the primary sponsor in the Senate, Senator Thad Altman. Over the course of the legislative session, the bill went through numerous versions. The bill is somewhat vague in certain areas and may have to be further clarified by involved state agencies or possibly the Legislature in 2011. The following is a general overview of the bill, which should not be relied on to implement a cameras at red lights program. If your city currently has a cameras at red lights program, or is considering such a program, please have your staff obtain a copy of "Enrolled CS/CS/HB 325." The bill begins by expressly preempting to the state the regulation of the use of cameras for enforcing traffic laws under Chapter 316, Florida Statutes. This chapter of law is known as the "state uniform traffic control law," and it provides for a comprehensive, statewide system of traffic laws. Cities and counties are specifically authorized to use traffic infraction detectors to enforce state traffic laws when a driver fails to stop at a traffic signal on streets and highways under the city's or county's respective jurisdiction. A "traffic infraction detector" is defined generally as a vehicle sensor installed to work with a traffic control signal and a camera or cameras synchronized to record photographs or electronic images of a motor vehicle failing to stop at a red light. A city is authorized to install detectors within its incorporated area and a county is authorized to install detectors only in unincorporated areas of the county. However, a county may authorize a city, by interlocal agreement, to operate detectors on county roads going through the city. Under the provision in Enrolled HB 5501, cities and counties are authorized to use detectors to enforce traffic laws on state roads when permitted by the Department of Transportation. Contracts with vendors to install detectors are specifically authorized. Traffic infraction detectors are allowed on a state road when permitted by the Department of Transportation and under placement installation specifications developed by the Department of Transportation. Detectors are allowed on streets and highways under the jurisdiction of a city or county in accordance with placement and installation specifications developed by the Department of Transportation. (Note that installation specifications have not yet been developed by the Department of Transportation). The bill provides a very detailed process for administering a traffic infractions detector program. Cities, counties and the Department of Highway Safety and Motor Vehicles may authorize "traffic infraction enforcement officers" to issue traffic citations under a traffic infraction detector program. Traffic infraction enforcement officers are to receive specialized training and do not receive certification as a law enforcement officer - or police officer. A police or sheriff's department may designate employees as traffic infraction enforcement officers. (Law enforcement officers may continue to directly issue citations for anyone they observe running a red light). Once a violation occurs, the bill provides a two-step process to inform an alleged violator: a notice of violation process and a traffic citation process. Within 30 days after a violation, notice must be sent by first class mail to the registered owner of a motor vehicle involved in running a red light. The notice must contain certain information and specify various remedies available to the registered owner or that the owner can pay a penalty of $158. It appears that the registered owner may submit an affidavit within 30 days following the date of the notice to contest the alleged violation. The registered owner will not be held responsible or liable for failing to stop at the traffic signal if the owner can establish that: the motor vehicle was yielding the right-of-way to an emergency vehicle or funeral procession; the motor vehicle was directed to pass through the intersection by a law enforcement officer; the motor vehicle was, at the time of the violation, in the care, custody, or control of another person; or a traffic citation was issued to the vehicle driver by a law enforcement officer who directly observed the vehicle running the red light. If the $158 penalty is paid, the bill provides various distribution methods. If the Department of Highway Safety and Motor Vehicles operates the traffic infraction detector program, $45 is distributed to the city in which the violation occurred, or, if the violation occurred in an unincorporated area, to the county in which the violation occurred. If a city or county operates the traffic infraction detector program, the city or county retains $75 of the $158 penalty. The remainder of the money collected is to be sent to the Department of Revenue for distribution to the state and various trust funds. Any fees or expenses a city or county incurs in operating its traffic infraction detector program are to be paid from the $75 share of the penalty, or from other city or county revenues. A manufacturer or vendor of cameras cannot receive a fee or remuneration based on the number of violations detected through use of a traffic infraction detector. Also, a commission from any revenue collected from violations detected through use of a traffic infraction detector cannot be paid. If the registered owner of a motor vehicle involved in a violation does not make payment within 30 days after notice of violation, a traffic citation may be issued no later than 60 days after the date of the violation and sent by certified mail to the registered owner. The bill establishes a process, including notice to the proper court, and the required information for the issuance of a traffic citation. Within 30 days after the date of issuance of a traffic citation, the registered owner of a motor vehicle may provide an affidavit setting forth detailed information supporting an exemption from the citation. The exemptions are the same exemptions available to a registered owner after receiving the "notice of violation". The bill provides several exceptions for violations. A notice of violation and a traffic citation cannot be issued for failure to stop at a red light if the driver is making a right-hand turn in a "careful and prudent manner" at an intersection where right-hand turns are permissible. The registered owner is not responsible if the vehicle was stolen at the time of the violation, or if the driver of the vehicle was issued a ticket by a law enforcement officer for running the red light. Also, the owner of a leased vehicle (rental car companies) cannot be held responsible for a violation. Traffic infraction detectors must meet specifications established by the Department of Transportation and must be tested at regular intervals. The Department of Transportation is to establish the specifications before December 31, 2010. However, any equipment acquired by purchase, lease, or other arrangement entered into by a city or county on or before July 1, 2011, or equipment used to enforce an ordinance enacted by a city or county on or before July 1, 2011, is not required to meet the specifications established by the Department of Transportation until July 1, 2011. Except for the statements relating to the Department of Transportation specifications and payments to be made to the Department of Revenue, the bill does not address any camera programs currently operated by cities or counties. That is, the bill does not specifically provide for the "grandfathering" of any existing camera programs. Because the bill's preemption language becomes effective on July 1, 2010, any existing camera program should be carefully reviewed by city staff to determine what, if any, changes are needed to the program prior to July 1, 2010. The bill provides for various levels of public notice for the use of a traffic infraction detector program. A city placing a traffic infraction detector at an intersection must notify the public that the traffic infraction detector will be in use at the intersection, and must specifically include notification of camera enforcement of violations concerning right at red light turns. Signage, at a minimum, must be used to provide public notice. Also, if a city begins a traffic infraction detector program where none has existed previously, the city must make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the program. Each city and county operating a traffic infraction detector must submit a report by October 1, 2012, and annually thereafter, to the Department of Highway Safety and Motor Vehicles, which details the results of using the traffic infraction detector. The information must include statistical data and any information required by the Department. The Department is then to aggregate all of the information and submit annual reports to the Governor and Legislature on the use and operation of traffic infraction detectors. While the bill provides guidelines to continue or to implement a traffic infraction detector program, there will likely be many questions as to the details of operating such a program. The bill is clearly a step in the right direction, but further clarifications will undoubtedly be sought from the Department of Transportation and the Legislature. The League will keep all members informed of any additional information related to traffic infraction detectors. Orlando Sentinel Articles State `red light camera' law gets nod from House committee 2010 session, Florida House — posted by scottpowers on March, 9 2010 6:06 PM A state bill that would let cities and counties statewide use cameras to catch red-light runners was given a green light today by the Florida House of Representative's Health Care Regulation Policy Committee. House Bill 325, sponsored by state Rep. Ron Reagan, R -Bradenton, would clarify whether or not cities can use remote cameras to catch and fine red-light runners. It's a controversial practice that the state Attorney General's Office has concluded is illegal under current state laws, but which dozens of cities and counties including Orlando use anyway, based on loopholes. Orlando has been using red-light cameras since September 2008. People who are caught are cited under city statutes, rather than under state traffic laws, and mailed citations seeking fines that start at $125. One loophole Orlando follows: It doesn't put the cameras on state- or county -maintained highways, or on state- or county -owned property. Consequently, though Orlando has 12 cameras up, none of them are at any of the city's 10 most dangerous intersections. The proposed state law would expand where the red-light cameras can go, and create statewide rules on how cities would use them, and what kinds of equipment the could use. Existing programs like Orlando's would get grandfathered. The bill also creates a uniform fine of $155, and sets aside $25 of that for the state Department of Health Administrative Trust Fund, which would then pass money along to hospital trauma centers. That's why the bill went first to the Health Care Regulation Policy Committee. The city or county that runs the camera would get to keep $75. The state would take the other $55. Red-light camera bill sent to Crist posted by aaron deslatte on April, 27 2010 12:40 PM By Tonya Alanez, Tallahassee Bureau TALLAHASSEE — After a decade-long legislative battle, a red-light camera bill is now on its way to Gov. Charlie Crist to sign into law. Senators approved the measure 30-7 Tuesday; House members did the same 77-33 Friday. "The main reason for this bill is to make our roadways safer," said Senate sponsor, Thad Altman, R-Viera. "This will save human lives." The Senate took up the house measure (HB 325) which would set statewide guidelines for the use of cameras to fine drivers who run red lights and could lay to rest legal squabbles over the ticketing devices. Violators would be fined $158 and local and state government would divvy up the proceeds. A motorist would be issued a civil infraction rather than a traffic violation and no points would be tacked onto a their drivers license. Predicted to be a moneymaker for cities, counties and the state, the bill has been touted by its sponsors as a life-saving measure named for Mark Wandall, 30, who was killed near Bradenton when a woman ran a red-light at 50 mph in 2003. His wife, Melissa, was nine months pregnant with their first child. Melissa Wandall threw her hand to her mouth when the House passed the bill Friday. "They work and I believe in them," she said afterward of the cameras life-saving potential. "It's a great day, because we have a way to curb the behavior of red-light runners. We've done a lot of hard work trying to get people to understand this is a safety issue. The state isn't going to make any money unless people don't stop running red lights." But calculations show that the cameras would bring $39.3 million into the revenue stream in the first year and leap up to $160.5 million by 2013-14. "1 believe this is nothing more than a revenue grab," Rep. Robert Schenck, R - Springhill, said on the House floor. "The government has an insatiable appetite for our people's hard-earned money. This is the biggest, biggest intrusion of government into our lives. What's next?" Many years in the making, the issue failed on the House floor in the final hours of the legislative session last year when lawmakers disagreed over how to split the ticket proceeds. The fine split would now depend on who issues the ticket and where. If the cameras are operated by local government, $75 would stay locally, $70 would go to the state, $10 to trauma centers and $3 to the state's Brain and Spinal Cord Injury Trust Fund. But if city or counties contract with the state Department of Highway Safety and Motor Vehicles to operate a camera on a state road, the state would keep $100 and $45 would go to local government. The rest of the allocation would remain the same. resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CITY OF COCOA BEACH, FLORIDA By: Charles J. Billias, City Manager ATTEST: By: Lorendana Kalaghchy, CMC, City Clerk Approved as to form and Legal sufficiency By: Fowler & O'Quinn, City Attorney ATTACHMENTS: Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Officer Salary — 2008/2009 Cost Projection THE CITY OF CAPE CANAVERAL, FLORIDA By: David Greene, City Manager ATTEST: By: Angela Apperson, City Clerk Page 3 of 9 Revised 5/17/2010