HomeMy WebLinkAboutP&Z Agenda Packet 08/27/2014CALL TO ORDER:
ROLL CALL:
City of Cape Canaveral
PLANNING & ZONING BOARD
REGULAR MEETING
'E CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
AUGUST 27, 2014
6:00 P.M.
AGENDA
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the
agenda and any agenda item that is listed on the agenda for final official action
by the Planning & Zoning Board excluding public hearing items which are heard
at the public hearing portion of the meeting, ministerial items (e.g. approval of
agenda, minutes, informational items), and quasi-judicial or emergency items.
Citizens will limit their comments to three (3) minutes. The Planning & Zoning
Board will not take any action under the "Reports and Open Discussion" section
of the agenda. The Planning & Zoning Board may schedule items not on the
agenda as regular items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: June 25, 2014
2. Interview & Recommendation to City Council Re: Potential Board
Members, Mike Moulton and Donald Willis
3. Quasi -Judicial and/or Public Hearing: Recommendation to City Council
Re: Ordinance _-2014 to amend the Code of Ordinances to Revise
Section 110-538 to allow certain encroachments with required setbacks.
4. Quasi -Judicial and/or Public Hearing: Recommendation to City Council
Re: Ordinance _-2014 to amend the Code of Ordinances to Revise
Article X. A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT to
expand the boundaries and revise various Sections.
5. Quasi -Judicial and/or Public Hearing: Recommendation to City Council
Re: Ordinance _-2014 to amend the Code of Ordinances to Revise
Section 22-43 to provide for administrative extension of Community
Appearance Board approvals.
110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcqpecanaveral.org e-mail: info@cityofcapecanaveral.org
Planning & Zoning Board Meeting Agenda
August 27, 2014
Page 2
REPORTS AND OPEN DISCUSSION:
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 Planning
& Zoning Board with respect to any matter considered at this meeting, that
person will need a record of the proceedings, and for such purpose that
person may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties
may attend this Public Meeting. The facility is accessible to the physically
handicapped. Persons with disabilities needing assistance to participate in
the proceedings should contact the Community & Economic Development
Department (868-1222, ext. 15) 48 hours in advance of the meeting.
110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info kcityofcapecanaveral.org
PLANNING & ZONING BOARD
MEETING MINUTES
JUNE 25, 2014
A Meeting of the Planning & Zoning Board was held on Wednesday, June 25, 2014, at the Cape
Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order
at 6:00 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Ron Friedman
Harry Pearson
Craig Kittleson
OTHERS PRESENT
Kimberly Kopp Assistant City Attorney
David Dickey Planning & Zoning Director
Susan Juliano Secretary
NEW BUSINESS
1. _Quasi -Judicial and/or Public Hearing: Recommendation to City Council Re:
Amend the Code of Ordinances to Revise Section 110-1 to authorize a variance to
any dimensional requirement in Chapter 110, Articles VII through X for a yard or
structure; and amending Sec. 110-37, to provide for an administrative waiver process
to allow a de minimis adjustment of any dimensional requirement in Articles VII
through X of Chapter 110 for a yard or structure.
Mr. Dickey read the Agenda Packet page by page.
Discussion ensued and included: proposed Variance revision and Administrative Waiver Process; that
the majority of future growth/development will include some type of a redevelopment component and
a greater level of flexibility is needed; definition of redevelopment and new construction; a recent
survey of surrounding cities revealing that Melbourne is the only city that currently utilizes an
Administrative Waiver Process for Variances; how a property owner would benefit from an
Administrative Waiver; that the same criteria for a Variance would also be used for an Administrative
Waiver; height criteria; approval of Administrative Waivers would be by the City Manager "or
designee"; the logic behind the proposed Variance revision; Variances are heard by the Board of
Adjustment; Staff only anticipates two to three Administrative Waivers per year; possibility of
reducing 15% to 10% of the dimensional requirements if 15% was unworkable; the intent is to speed
up the process and save money.
Moved by Mr. Russell, seconded by Dr. Fredrickson to recommend approval of the proposed revisions
to definition of a Variance and recommend approval of the Administrative Waiver Process.
Mr. Price opened discussion to the public at the request of Assistant City Attorney Kopp. No
comments were received. Motion failed with voting as follows: Mr. Price, For; Mr. Russell, For; Dr.
Fredrickson, For; Mr. Friedman, Against; Mr. Kittleson, Against; Mr. Pearson, Against.
Planning & Zoning
Meeting Minutes
June 25, 2014
Moved by Mr. Friedman, seconded by Mr. Russell to recommend approval of the proposed revisions
to definition of a Variance only, and eliminate Administrative Waiver Process verbiage. Vote on the
motion carried unanimously.
2. Quasi -Judicial and/or Public Hearing: Recommendation to City Council Re: Amend
the Code of Ordinances to Revise Section 110-1 to include a definition for "side
yard," "front yard," and "rear yard."
Mr. Dickey stated that Staff was attempting to provide clarification in the Code and read through the
information stating the proposed definitions for "front yard", "rear yard" and "side yard". He provided
drawings depicting yards and pointed out specific areas that required clarification.
Discussion ensued and included: size/shape of houses and how they can alter where these yards would be
determined; drawings presented by the Board that illustrated different perceptions of how yards should be
determined; a suggestion that this item be tabled until Staff was able to define the drawings; the fact that a
corner lot has have two 20 -foot setbacks; eliminating the words "parallel and" and "side yard" resulting in
just "front yard" and "rear yard".
Moved by Mr. Pearson to recommend approval of the Code revisions contingent upon elimination of the
words "parallel and" and elimination of "side yard", "front yard" and "rear yard" definitions. No second
to the motion; motion failed.
Board unanimously directed Staff to provide more appropriate definitions/diagrams for presentation at a
future meeting.
OPEN DISCUSSION:
Mr. Russell requested that Staff consider re -zoning the small area within the Harbor Heights
neighborhood that is currently zoned as commercial.
Mr. Dickey stated there are several additional locations up and down North Atlantic Avenue that are
currently zoned commercial, but have no reason to be so. He will bring proposed re -zoning of certain
locations back to the Board for discussion.
Moved by Mr. Friedman, seconded by Mr. Kittleson to adjourn the meeting.
ADJOURNMENT:
There being no further business, the meeting adjourned at 7:55 p.m.
Approved on this day of .2014.
John Price, Chairperson
Susan Juliano, Secretary
2
J AUG -52014
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1
1. Applicant Name: A. -k,- I D J lhy\
2. Home Address:
51 tj J_c ! f son A4"
3. Home and Cellular Telephone: t JI 3' U U5- o 5-5
4. Occupation: 11nr ✓tea c i S l—
AD -
5. Business Telephone: Vi 7 7 13
6. Business Address: T2 `Lp
7. E -Mail:
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
Are you duly registered to vote in Brevard County? (Y) (N)
Al—
Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) (N)
3a. Are you a Business owner: (Y) K (N)
►� ��� a P�
3b. If yes to 3a, please list the name:
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) 2__
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) —
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
Briefly state your interest in serving on a City advisory board or committee:
,hs k lo�� i �us,h.(ss �>� .� w:� � ,�n�� e��d ,��► -f-G� ��cc,eis
arU-4, I-aAWtya;�y
In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
Board of Adjustment*
Business and Economic Development Board*
Code Enforcement Board*
Community Appearance Board*
Construction Board of Adjustment and Appeals*
Culture and Leisure Services Board
Library Board
Planning and Zoning Board*
Other:
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
4
Briefly state any prior experiences i�n`serving
l.on any governmental board or committee:
f Ai* 4,4'Af h
Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
+hm+ unii faal hp -In M niInfi v vnu for membership on the desired board or committee.
C G Sfr+Y s 4 c �ti-' >00 e A,y ~ 11 o r6, f pv"rJ4Vk &044- Ila tel- � .v
D. STATE�EPORTING REQUIREMENTS�"y5
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
,40^
RACE GENDER
African-American Male
Asian -American Female
Hispanic -American Not Known
Native -American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (32168-1220 ext. 221.
i
Signature:
Please return to:
Wof Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Date:
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: :�OhJALI� ANDRtkS W LL4 S ( I � eta)
2. Home Address: 691,4 PLkE2Ta hCt_ P, 1Q DR. 30l
3. Home and Cellular Telephone: 3 34- - Z.o9 - (aS7 3
4. Occupation: Sos:'rwllyZ.E _�EVC4AFIE-2 Ze_,QN6 LAL -A,wT
5. Business Telephone: 334 - 201f - 408 7-3
6. Business Address: 2L0 Loc )CR sre-a R.oR P�' GQA»a r►1 , A -L 27253
7. E -Mail: 'botJW ii -1-1S 0 P0P_77Ffk U_Ji1_c..i.5 civ.vt
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) ✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Are you a Business owner: (Y) ✓ (N)
3b. If yes to 3a, please list the name: 1PRr&'2 UJIL-4-s /Nc .
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a ✓
conviction for purposes of this question. (Y) (N)
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) _v
5b. If yes to 5a, please list each:
Page 1 of 3
6. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) ✓ (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) _ //_
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
Briefly state your interest in serving on a City advisory board or committee:
� �-�- ,Qer� rn�v ✓c iN E COH7rYtuN�7Y
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. 3 Board of Adjustment*
b. —L— Business and Economic Development Board*
C. Code Enforcement Board*
d. Community Appearance Board*
e._ Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board*
L Other:
*Members of these boards are required to complete and file with the supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
No Ca)Vefb'-J tCi+.17 L 1906,I2.a , T_jq A yc SE2Vr,2N A5
A SoAR�b o �r f2t �r��S M6M raEA Fo/Z s} p12a ✓A7� Sc�lcot�
4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.)
that�y'ou feel help to qualify you for membership on the desired board or committee.
YICE /kCkIT]& L7 - OV.- 564E-5 ANS? MA2f<en^ fol h- SoFT'Wr9
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Ota J.Je a o
l.Lr 5 . )Au a F -0R
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ING REQUIREMENTS �������'
6,J Je*'Rs
J31�.k5 IAJ�'sZF
D. STATE REPORT
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee members. Please
check the appropriate boxes:
Page 2 of 3
RACE
GENDER
African-American
✓ Male
Asian -American
Female
Hispanic -American
Not Known
Native -American
Caucasian
DISABILITY
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature:�_,,X2 — Liv Date: Cl 1
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 08/27/2014
Item No.
Subject: Ordinance No. _ - 2014 amending Section 110-538 Zoning, related to
setback encroachments; providing for the repeal of prior inconsistent Ordinances and
Resolutions; incorporation into the Code; severability; and an effective date.
rtment: Communitv & Economic Development (C&ED
Summary:
This item is to request the Planning and Zoning Board consider expanding the list of
allowed encroachments within required setbacks to include air conditioning and pool
related components.
The City's current Code of Ordinances includes a list of allowed setback encroachments
within Section 110-538. The list includes such items as:
• Movable awnings may project not over three feet into a required setback
• Chimneys, fireplaces or pilasters may project may project not over two feet into
a required setback
• Fire escapes, stairways and balconies which are unroofed and unenclosed may
project not over five feet into a required rear yard setback or not over three feet
into a side setback and shall not project into a required front setback of a
multiple dwelling, hotel or motel.
• Hoods, canopies or marquees may project not over three feet into a required
setback
• Fences, walls and hedges shall be permitted in the required setbacks
• Roof overhangs (eaves) may project not over two feet into a required setback
• Air conditioner units may project not over five feet into a required rear setback
• Emergency pad -mounted generators
• Conveyor systems may be located within setbacks in the M-1 district by special
exception
The City has revised its list of allowed encroachments several times. In September of
2005, the Council approved Ordinance 15-2005 which allowed emergency pad -mounted
generators (EPMG) to encroach five and one-half feet into any required setback. The
revision also stipulated that in no case shall an EPMG be any closer than two and one-
half feet from a property line, fence, or structure. In October of 2005, the Council
approved Ordinance 16-2005 which allowed conveyor systems within M-1 setbacks as
a Special Exception.
Currently, the code allows air conditioning units to project no more than five feet into a
rear setback. The revision would allow air conditioning units and pool equipment to
project no more than five feet into a required rear or side setback.
Additionally, this ordinance corrects a scriveners error found in Sec. 110-538(7) which
will read "Open, unenclosed porches, platforms or paved terraces not covered by a roof
Planning and Zoning Board Meeting Date: 06/25/2014
Yard Definition
Page 2 of 2
or a canopy and which do not extend above the level of the first floor of the building may
extend or project into the required setback."
Applicant/Owner: Administrative
Submitting Director: David Dicke \\ Date: 08/04/2014
Attachments:
#1 —Ordinance No. _ -2014
The C&ED Staff recommends that the Planning and Zoning Board take the
following action(s):
Recommend approval of Ordinance _ -2014 to City Council.
Approved by C&ED Director: Todd Morley Date: �� l
P&Z Board Action: [ ] Recommended Approval as Recommended
[ ] Recommended Approval with Modifications
[ ] Recommended Disapproval
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110
ZONING, RELATED TO SETBACK ENCROACHMENTS;
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 Local Government Comprehensive Planning and Land Development Regulation
Act set forth in Chapter 163 of the Florida Statutes provides for the ability of the City of Cape Canaveral
to plan for its future development and growth and provide necessary regulations for same; and
WHEREAS, the City Council finds a need to modify the City Code to permit air conditioner
units and pool equipment components to encroach into side and rear setbacks; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed
code amendment at a duly noticed public hearing held on August 27, 2014, and said Board and city staff
have recommended approval of such amendment; and
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in
the best interest 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 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 IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. SETBACKS
Sec.110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the sky,
except as follows or as otherwise permitted in this chapter:
(1) Sills or belt courses may project not over 18 inches into a required setback.
(2) Movable awnings may project not over three feet into a required setback.
(3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback.
(4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over
five feet into a required rear setback or not over three feet into a side setback and shall not project
into a required front setback of a multiple dwelling, hotel or motel.
(5) Hoods, canopies or marquees may project not over three feet into a required setback.
(6) Fences, walls and hedges shall be permitted in the required setback, subject to this chapter.
(7) Open, unenclosed porches, platforms or paved terraces not covered by a roof or a canopy and
which do not extend above the level of the first floor of the building may extend or project into
the required setback.
(8) Signs for on-site advertising shall be in conformance with chapter 94 pertaining to signs.
(9) Roof overhangs (eaves) may project not over two feet into a required setback.
(10) Air conditioner units and pool equipment may project not over five feet into a required rear or
side setback.
(11) Emergency pad -mounted generators as provided for in section 110-484.
(12) Conveyor systems may be located within setbacks in the M-1 light industrial and research and
development district by special exception, for purposes of moving aggregate and other materials.
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 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
92014.
ROCKY RANDELS, Mayor
ATTEST:
For Against
John Bond
Bob Hoog
ANGELA APPERSON, City Clerk, MMC Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 08/27/2014
Item No.
Subject: Ordinance No. _ - 2014 amending Chapter 110, Article X. A1A Econom
Opportunity Overlay District; providing for the repeal of prior inconsistent OrdinancE
and Resolutions; incorporation into the Code; severability; and an effective date.
Department: Community & Economic Development (C&ED)
Summary: At its July 17, 2012 meeting, the City Council adopted Ordinance No. 11
2012 approving the A1A Economic Opportunity Overlay District (EOOD). The EOO1
provides guidelines and standards for public and private development projects within it
boundaries.
The genesis of the EOOD lies in the 2009 Community Visioning process. The objective
of the EOOD was to address community goals raised in the Visioning process. I
particular, to create a sense of identity for the City's northern gateway, leverage
opportunities for economic development related to Port Canaveral, attract service
desired by the citizens, and allow for additional uses such as a mixed-use, town center
type development.
To that end, the EOOD was established and includes design standards, a mechanism
for increased building heights, revised hotel requirements, increased landscaping
requirements, and facilitates mixed-use development. These new standards created an
"overlay" which enhanced the underlying zoning regulations. The EOOD currently run
along the A1A corridor from the Port in the north to the Canaveral River area to the
south (see Attachment #1).
The City's location, relative to the Port and Cocoa Beach will result in continued
development pressure. Recent development activity includes the construction of
Dollar General store at 6395 No. Atlantic Avenue, a proposed Cumberland Farms store
at 6455 No. Atlantic Avenue, and a Homewood Suites Hotel at 9000 Astronaut
Boulevard. The hotel project was reviewed under the current EOOD guidelines.
According to the project's developer, this significant project would not have been
feasible if not for the rules contained within the EOOD. Specifically, the height
provisions and the elimination of a minimum lot size for hotel development.
This proposal expands the current boundaries of the EOOD to include the balance o
the A1A corridor to the southern City limits. In general, the properties that are within the
Community Redevelopment Area or the Brownfield district (see Attachment #2) are
included in the expansion. Both of these districts were established to support
redevelopment and were demarcated by defined criteria consistent with Florida Statute.
The northern expansion area includes properties northeast of the current EOOD nea
the Port facilities, properties within the No. Atlantic Avenue corridor and the propert
that is the site of the proposed Casa Canaveral Assisted living Facility.
The southern expansion area includes properties from the current EOOD boundary to
the southern City limit. This includes properties that are adjacent to the Banana River.
Planning and Zoning Board Meeting Date: 08/27/2014
A1A EOOD Expansion
Page 2 of 2
As the City continues to experience growth pressure within the corridor, it is critical that
uniform rules be established that result in a seamless development pattern along the
entire length of A1A. This consistency is a critical ingredient of creating a sense of
identity called for in the Visioning initiative.
In addition to the geographic expansion of the EOOD, this proposal also includes
several policy revisions, including:
1. Added "Waterfront Restaurant" as a permitted use in the C-1 and C-2 zoning
districts and a special exception in the M-1 district.
2. To facilitate pedestrian and vehicular connectivity between parcels, cross access
and/or easements for future cross access will be required as a property is
developed.
3. Clarifies the allowance for up to one row of parking between the front of a
building and the adjoining street.
4. Requires off-street parking be buffered from a residentially zoned property. It is
currently only required when the parking is adjacent to a residential building.
Applicant/Owner: Administrative
Submitting Director: David Dickey Date: 08/13/2014
Attachments:
#1 – Existing EOOD Boundary Map
#2 – Proposed EOOD Boundary Map
#3 - Ordinance No. -2014
The C&ED Staff recommends that the Planning and Zoning Board take the
following action(s):
Recommend approval of Ordinance No. _ -2014 to City Council.
Approved by C&ED Director: Todd Morle �— Date: 8 1 /
P&Z Board Action: [ ] Recommended Approval as Recommended
[ ] Recommended Approval with Modifications
[ ] Recommended Disapproval
Tabled to Time Certain
Attachment #1
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Attachment #2
Attachment 3
ORDINANCE NO. -2014
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, TO REVISE
ARTICLE X, 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, in 2009, the City conducted a community-based, citizen -driven Visioning
process to develop a vision and strategy for future development and redevelopment of
underutilized areas located in the City; and
WHEREAS, some of the recommendations developed as a result of the Visioning
process included revising the City's zoning code to allow for mixed-use development and a town
center, as well as taking a proactive approach to economic development; and
WHEREAS, in 2012, the City adopted the AIA 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 AIA
corridor's identity; and to promote a pedestrian -friendly environment; and
WHEREAS, it is critical that uniform rules be established that result in a seamless
development pattern along the entire length of AIA to create the sense of identity called for in
the Visioning initiative; and
WHEREAS, the City's Planning & Zoning Board/Local Planning Agency reviewed this
Ordinance at a public hearing on August 27, 2014 and recommended approval of same to the
City Council; 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.
City of Cape Canaveral
Ordinance No. _-2014
Page 1 of 9
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 fmdings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Conforming Amendments to Chapter 110, Zoning. 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 this Ordinance). It is further
intended that the figure marked with an "X" shall be deleted from Chapter 110:
CHAPTER 110. ZONING
ARTICLE X.
DIVISION 1 - GENERALLY
Sec. 110-585. - Introduction.
(1) The A 1 A Economic Opportunity Overlay District (EOOD) provides guidelines and
standards for public and private development projects -.llnened -Ri "" b "'ong Al "
within the area shown in Figure 1. Consistent with the intent of the 2009 Community Visioning,
the EOOD is developed to promote hospitality related commercial development that capitalizes
on the City's proximity to tourism generators such as eeeflemie benefits `s e Port Canaveral and to
leverage the City's long,_ association with the world's most famous space launch facilities;
provide guidance and direction in the design of new buildings and rehabilitation of existing
buildings and storefronts in order to improve their appearance, enhance the corridor's identity
and promote the pedestrian environment of the District.
Section 110-586. Boundary and organization.
The boundaries of the AlA EOOD are shown on Figure 1. The AIA EOOD primarily consists of
properties zoned for commercial, office, and industrial uses which abut or are in close proximity
to A 1 A from the City Limits on the north to the city boundary on the south.
City of Cape Canaveral
Ordinance No. _-2014
Page 2 of 9
City of Cape Canaveral
Ordinance No. _-2014
Page 3 of 9
Figure One
City of Cape Canaveral
Ordinance No. _-2014
Page 4 of 9
Sec. 110-587. - Applicability.
(1) The AIA Economic Opportunity Overlay District (EOOD) is an approximately two and one-half
one -mile commercial corridor, generally rveegnized as extending from the entrance to the City of Cape
Canaveral on the north to the city boundM tato on the south. The is appr-e*iffiatelfj,
one mile corridor is intersected by Central Boulevard which generally runs east -west.
(2) The area of the EOOD Dist iet along "' " is intended to serve as the main gmeway into
thoroughfare of the City of Cape Canaveral. The area of the District along Central Boulevard is intended
to serve as the main street to the City of Cape Canaveral's Town Center and as a transition between the
land use, circulation, and streetscape along AIA and the Town Center. This District is intended to have
the most intense commercial and residential uses. The EOOD is meant to provide a lively and attractive
interface between the proposed Town Center and the adjacent residential communities, while maintaining
a primarily commercial street frontage along AIA and Central Boulevard.
Sec. 110-606. - Procedures for design compatibility approvals.
No building permit will be issued for any project, and no person will perform any construction work on a
project, until the building elevations, site rendered concept plans and other documents required by section
22-44 of this Code have been submitted te the Pl&an ng and Dewe',..... ent Depaf aew and approved
according to the procedures in Article III of Chapter 22 of this Code.
Sec. 110-607608 Nonconforming uses, structures and buildings.
Sec. 110-6089. - Use matrix.
The AIA Economic Opportunity Overlay District is intended to serve as both the main thoroughfare of
gatewa afeainte 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 AIA 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
Retail
P
MT
P
P
Personal Services
P
P
SE
Hotels and Motels
P
P
SE
Banks
P
P
SE
Waterfront Restaurant
P
P
SE
Assisted Living Facility
SE
SE
NA
City of Cape Canaveral
Ordinance No. _-2014
Page 5 of 9
Pharmacies
P
P
NA
Flex space (office, showroom, warehouse)
SE
SE
P
Convenience store w/ as
SE
SE
P
'High tech / light manufacturing
SE
P
P
Warehousing
NA
SE
P
Off-site cruise ship parking accessory to hotels and motels
SE
SE
SE
Commercial Parking Facility (minimum lot size of 5 acres)
NA
NA
P
Port of Call Facility [Permitted pursuant to a Development
Agreement (DA)]
P (w/DA)
P (w/DA)
P (w/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
*Uses not specifically listed may be approved as a Planned Development (PD)
Sec. 110-6096-$. Similar and compatible uses.
Secs. 1 10-W 610 —110-620. Reserved.
Sec. 110-625. - Building setback.
(1) Buildings shall be setback from the right-of-way a sufficient distance to encourage pedestrian
activity.
(a) Building setback along A l A shall be a minimum of 15 feet.
(b) Building setback along all other streets within the EOOD shall be a minimum of 10 feet.
Sec. 110-628. - On-site circulation.
(1) Provide easy sidewalk access for pedestrians by locating vehicle access and loading areas where
there will be minimal physical or visual impact on pedestrians, the flow of traffic, and/or adjacent uses.
(a) All vehicular entrances shall, to the maximum extent possible, be located off of a side street
or an alley in order to minimize pedestrian and vehicular conflicts.
(b) Walkways for pedestrian access shall be provided between parking areas and the Project.
(c) Passenger loading zones located on the street shall not impede foot traffic or sidewalks.
(d) Parking lots and structures shall be designed to provide safe pedestrian circulation between
parked vehicles and the primary building through the use of clearly marked pedestrian
walkways, stop signs, speed bumps, lighting, or other similar measures.
(e) To provide pedestrian and vehicular connectivity between parcels and to reduce the number
of curb cuts cross access and/or easements for future cross access with adjacent parcels shall
be provided.
City of Cape Canaveral
Ordinance No. _-2014
Page 6 of 9
Sec. 110-669. - Surface parking.
(1) l eeate-sSurface parking shall be located in the rear or side of buildings except that on a case-by-
case basis the city manager or designee may administratively approve up to one row of parking between
the front of a building and street. In all casespedestrian access shall be provided from the
parking to the building and street.
(a) A surface parking lot adjacent to a public street shall conform to the landscape requirements
detailed in Division 6 of this Article.
Sec. 110-670. - Shared parking.
Shared parking is encouraged within the district so as to provide an option to reduce the amount of land
needed for parking and create opportunities for more compact development, more space for pedestrian
circulation, or more open space and landscaping. Shared parking may be approved administratively on a
case-by-case basis by the city manager or designee -
See. 110-687. - Project perimeter.
(1) To create visual interest and transition on therp oiect perimeter between adja i, a
landscaped area shall be provided between the adjacent properties and the public right-of-way.
(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. 110-689. - Surface parking lots.
(1) Buffer off-street parking adjacent to a public right-of-way or residential kgs zoned property
with a landscaped barrier.
City of Cape Canaveral
Ordinance No. _-2014
Page 7 of 9
(a) Interior landscaping for off-street parking shall conform to the requirements of section
110-567 of this Code.
(b) Minimum landscape buffer width between the right-of-way and the parking or vehicular
access area along AIA shall be ten (10) feet and five (5) feet along all other streets.
(c) A knee wall which is at least 30 inches in height is required when an off-street parking
area is located within 25 feet of the public right-of-way.
(d) A continuous landscape berm at an average height of thirty (30) inches from grade may
be permitted in lieu of a required knee wall.
(e) A knee wall or berm may be fiaginexted, staggered, meandering or continuous.
(f) A knee wall or berm shall not obstruct any safe sight distance triangle.
(g) A knee wall shall be compatible with the architectural design, material, and color of the
principal building of the project.
Lighting shall not be used to create an attraction, distraction, or commercial signage intent to the wall or
berm.
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
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.
(Adoption Page Follows)
City of Cape Canaveral
Ordinance No. _-2014
Page 8 of 9
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2014.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, City Clerk
1 st Legal Ad published:.
First Reading:
2nd Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2014
Page 9 of 9
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 08/27/2014
Item No.
Subject: Ordinance No. _ - 2014 amending Chapter 22, Community Development
and Chapter 110, Zoning, related to Community Appearance Board and Site Plan
approvals; providing for the repeal of prior inconsistent Ordinances and Resolutions;
incorporation into the Code; severability; and an effective date.
rtment: Community & Economic Development (C&ED
Summary:
This item is to request the Planning and Zoning Board consider revisions to the Code
that would streamline the development approval process related to the Community
Appearance Board and Site Plans. This is a continuation of the initiative started in
December of 2011, when the Council adopted Ordinance No. 13-2011 that restructured
the City's development approval process as well as restructured certain City advisory
boards.
Ordinance No. 13-2011 resulted in a more intuitive and streamlined review process by
shortening timeframes and vesting more approval responsibility in Staff. The revisions
mirrored recommendations developed by the Economic Development Commission of
Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an acronym for
Simplified, Nimble, Accelerated, Permitting. During the S.N.A.P. formulation, the EDC
and local governments developed a best practices model for both building and site
permitting to streamline permitting processes throughout Brevard County.
One of the specific recommendations implemented by Ordinance No. 13-2011 was to
place approval responsibility with the City Manager for extension requests related to site
plan approvals. This approval authority is currently limited to a one time extension not to
exceed six months. The extension can only be approved for good cause and if there
have been no changes in applicable regulations in the interim. This extension had
previously been considered by the Planning and Zoning Board for after a noticed public
hearing.
The City Council in January of 2014 again signaled its desire to streamline the
development approval process. With the passage of Ordinance No. 02-2014, the
Council authorized the City Manager the ability to administratively approve extensions
for variance and special exception approvals for a period of up to 12 months. This had
previously required approval by the Board of Adjustment after a noticed public hearing.
Continuing the movement towards streamlining the development approval process and
to safeguard City resources, the attached ordinance has been prepared to authorize the
City Manager or designee the ability to: 1 - administratively approve an extension to
Community Appearance Board approvals. Currently Section 22-43 of the Code limits
approvals by the Community Appearance Board to 12 months. The Board currently has
the authority to approve extensions for good cause after a noticed public hearing; 2 —
administratively approve an extension for site plan approval. As indicated above, the
City Manaqer currently has the ability to approve a one-time extension not to exceed six
Planning and Zoning Board Meeting Date: 08/27/2014
Ordinance No. -2014
Page 2 of 2
months. This proposal would grant the City Manager the authority to extend site plan
approvals, for 12 months on a recurring basis consistent with Ordinance No. 02-2014.
As drafted, the ordinance would require that an extension remain subject to any
previously imposed terms or conditions.
Applicant/Owner: Administrative
Submitting Director: David Dickey Date: 08/18/2014
Attachments:
#1 — Ordinance No. -2014
The C&ED Staff recommends that the Planning and Zoning Board take the
following action(s):
Recommend approval of Ordinance _ -2014 to City Council.
Approved by C&ED Director: Todd Mori e Date: fl—x,
P&Z Board Action: [ J Recom ended Approval as Recommended
[ ] Recommended Approval with Modifications
[ ] Recommended Disapproval
( ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. -2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CITY CODE CHAPTER 22, COMMUNITY
DEVELOPMENT, RELATED TO ADMINISTRATIVE
EXTENSIONS OF COMMUNITY APPEARANCE BOARD
APPROVALS; AMENDING CITY CODE CHAPTER 110,
ZONING, RELATED TO ADMINISTRATIVE EXTENSIONS OF
SITE PLAN APPROVALS; 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 desires to improve the quality and efficiency of its development review
process in an effort to make it less costly and time consuming, and to support economic development in
the City; and
WHEREAS, in order to facilitate these improvements, the City desires to streamline its
development review process by modifying certain development review procedures as set forth herein; and
WHEREAS, the City Council desires to authorize the city manager or designee to grant justified
extensions of community appearance board approvals and additional site plan approvals; and
WHEREAS, the City Council believes that these modifications will expedite the processing of
extension requests and preserve the City's resources; 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.
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 22, Community Development, and Chapter 110,
Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows
(underlined type indicates additions and s#ikeeut type indicates deletions, while asterisks (***) indicate a
deletion from this Ordinance of text existing in Chapter 22 or Chapter 110. It is intended that the text in
Chapter 22 or Chapter 110 that is denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 22. COMMUNITY DEVELOPMENT
ARTICLE III. COMMUNITY APPEARANCE REVIEW
Sec. 22-43. Notice of approval or denial.
(a) Promptly after the community appearance board has rendered a decision on a particular
application, the board shall prepare and deliver to the applicant thereof a formal written notice which
indicates its decision on the application (approval, approval with conditions, denial). If the application is
approved with conditions, the notice shall contain a statement which clearly indicates the conditions. If
the application is denied, the notice shall contain a statement which indicates the rationale for denial.
(b) Approvals by the board shall be valid for a maximum of 12 months from the date the board
renders its approval at a public meeting. If the applicant fails to obtain a building permit within the 12 -
month period, the board's approval shall expire at the end of the period. Upon written request of the
applicant the city manager or designee mgyat his or her sole discretion grant a request for an additional
12 month period only if justifiable cause is demonstrated Any extension Pur ted by the city manager or
designee shall remain subject to all terms and conditions imposed as part of the board's original approval.
ReweveNotwithstandiniz the aforesaid, once a building permit is issued, the board approval shall be
valid for a time period equal to the permit and shall expire only if the building permit expires.
Notwithstanding the aforesaid, the board may appf!oye ex4ensions fer- good eause shewii ineluding-, but
CHAPTER 110
ARTICLE VI. SITE PLANS
Sec.110-224. Expiration.
All site plans approved under this article shall expire 12 months after the date of final approval
unless the building permit for construction of the principal structure is issued UQon written request, the
city manager or designee may authorize one or more extensions of time for additional periods not
exceeding twelve (12) months each provided that the applicant demonstrates Justifiable cause for the
extension and there have been no changes in any gpplicable city regulations since the date of final site
plan approval Any such extension authorized by the city manager or designee shall remain subject to the
terms and conditions i Nsed as pert of the final site plan approval. 017 the applieaftt files with the r-itY ift
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
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
, 2014.
for-
been He ehanges in any-FeViations ifl4h
leflgef: than Six fflefl4hq.-
inter-im. if gFanted, there shall be a one- time erAensieff lie
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
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
, 2014.
ROCKY RANDELS, Mayor
For Against
ATTEST:
John Bond
Bob Hoog
ANGELA APPERSON, City Clerk, MMC
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney