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Home My WebLink AboutOrdinance No. 03-2013 (2) ORDINANCE NO 03-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO COMMERCIAL PARKING FACILITIES IN THE AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; 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, on July 17, 2012, the City Council adopted Ordinance No 11-2012, which established the A 1 A Economic Opportunity Overlay District ("EOOD") to promote hospitality related commercial development capitalizing on the Port of Canaveral; to provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance; to enhance the A 1 A corridor's identity; and to promote a pedestrian-friendly environment; and WHEREAS, the City Council desires to amend the use matrix for the EOOD to allow commercial parking facilities as a permitted use in the City's M-1 Light Industrial and Research and Development District; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this a Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Cape Canaveral. NOW,THEREFORE,THE CITY OF CAPE CANAVERAL HEREBY ORDAINS,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 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout 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 City of Cape Canaveral Ordinance No.03-2013 Page 1 of 6 } .,j this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1.-Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Commercial parking facility shall mean a facility primarily engaged in the commercial enterprise of providing parking spaces for licensed motor vehicles, usually on an hourly, daily, or monthly basis. Commercial parking facilities shall not include those facilities for the storage of boats,trailers,trailerable items,recreational vehicles,unlicensed vehicles or other special purpose vehicles. * * * ARTICLE X.AlA ECONOMIC OPPORTUNITY OVERLY DISTRICT * * * DIVISION 2. ADMINISTRATION * * * Sec. 110-609. - Use matrix. = The A 1 A Economic Opportunity Overlay District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center.The district will have the most intense commercial intensity along AlA and there will be a transition between the land use, circulation, and streetscape along Central Boulevard. The following land use matrix (Table 1)identifies the uses which are permitted by right(P),permitted by a special exception(SE), or not allowed(NA). Table 1 —Land use matrix. *Uses (not a complete listing) C-1 C-2 M-1 Retail P P 'P City of Cape Canaveral Ordinance No.03-2013 Page 2 of 6 Personal Services P P 'SE Hotels and Motels P 'P 'SE Banks P P 'SE Assisted Living Facility SE 'SE NA 'Pharmacies P P NA 'Flex space(office, showroom, warehouse) SE SE P 'Convenience store w/gas SE SE P 'High tech/light manufacturing SE P P 'Warehousing NA SE P 'Off-site cruise ship parking accessory to hotels and SE SE SE motels Commercial Parking Facility(minimum lot size of 5 NA NA SE 3P acres) 'Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA) Development Agreement(DA)] 'Attraction and Destination uses PD PD PD 'Mixed Use Development uses (i.e. Town Center) PD PD PD 'Added Use 'Use included to clarify intent of code Subject to specific screening requirements set forth in section 110-690 of this Code 'Uses not specifically listed may be approved as a Planned Development(PD) DIVISION 6. LANDSCAPING Sec. 110-687. -Project perimeter. (1) To create visual interest and transition on the perimeter between adjacent properties, a landscaped area shall be provided between the adjacent properties and the public right-of- way. } City of Cape Canaveral Ordinance No.03-2013 Page 3 of 6 1 a. The landscaped area shall be equal to the full linear length of the property and have a minimum depth of five feet. b. At least 50 percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of 30 inches in height, with one medium or large tree planted for each 25 feet or fraction thereof of the linear property length, or one small tree or palm tree planted for each 15 feet or fraction thereof of the linear property length. c. The layout of the required landscaped area shall be at the discretion of the owner,such that the required square footage may be aggregated to provide maximum aesthetic value. However,each perimeter requiring landscape must have at least 50 percent of the required landscape along that perimeter. d. Unless otherwise expressly required by this article, the community and economic development director may exempt a perimeter boundary from this section if the community and economic development director determines that the perimeter boundary does not abut a public space, including,but not limited to, a public road, sidewalk or park, and the perimeter boundary does not create any visual interest or transition on the perimeter between adjacent properties. e. Commercial parking facilities subject to section 110-690 are exempt from this section. * * * Sec. 110-690. -Reserreth Required screening for commercial parking facilities. A commercial parking facility shall include a fence or wall around the perimeter of the facility. Further, a perimeter boundary landscape buffer shall be required when a commercial parking facility is located adjacent to a non-industrial type use or a public space, including,but not limited to, a public road, sidewalk or park. When the perimeter boundary is located adjacent to a non-industrial type use the community and economic development director may exempt a perimeter boundary from the landscape buffer requirement if the landscape buffer would not create any visual interest or transition on the perimeter between adjacent properties(e.g. landscape buffer not visible from non-industrial use). Landscape buffers required pursuant to this section shall be consistent with the following: Laj Opaque walls and fences shall be continuously landscaped along the outside perimeter using shrubs and trees with minimal gaps or breaks in between plantings. Q) Chain link fencing or other non-opaque walls or fences shall be continuously landscaped along the outside perimeter with shrubs,plus one(1) 10-point tree,as defined by section 110-567, every 35 feet in order to provide an opaque screen. City of Cape Canaveral Ordinance No.03-2013 Page 4 of 6 1 I i 1 1 s 1 * * * 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. i 4 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 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. i 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 19th day of Mareh, 2013: i , C"ZIE,C.1)4. c?,..........„Q.(k.... Rocky Rande s, Mayor 4 ATTEST For Against John Bond Second 1 ANGE A APPER ON, Bob Hoog x 4 City Clerk/Assistant City Manager Buzz Petsos Motion Rocky Randels X Betty Walsh x 1 1 First Legal Ad Published: February 7,2013 I First Reading: February 19,2013 Second Legal Ad published: February 28,2013 Second Reading: March 19,2013 i i City of Cape Canaveral Ordinance No.03-2013 Page 5 of 6 i Approved as to legal form and sufficiency for the C. Ca e Canaveral only by: { ANTHONY A. GARGANESE, City Attorney f City of Cape Canaveral • Ordinance No.03-2013 Page 6 of 6