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HomeMy WebLinkAboutOrdinance No. 11-2012 ORDINANCE NO. 11-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES, ADOPTING A NEW ARTICLE X, ESTABLISHING THE AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; ADOPTING A NEW ARTICLE XI, ESTABLISHING A PLANNED DEVELOPMENT PROCESS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING; 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 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, the City desires to adopt and implement the AlA 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 AlA corridor's identity; and to promote a pedestrian-friendly environment; and WHEREAS,the EOOD is designed to create a unique identity for the A 1 A Corridor with a distinct sense of place while attracting new businesses and customers, and providing for the comfort, convenience, and safety of workers,residents and shoppers; and WHEREAS,concurrent with the adoption of the EOOD,the City Council desires to adopt a Planned Development application and review process for developments providing a variety of land uses and common open space that may be approved in phases by a developer or group of developers acting jointly; and WHEREAS, the City's Planning & Zoning Board/Local Planning Agency reviewed the proposed EOOD during meetings on May 23 and June 4,2012 and recommended approval of same City of Cape Canaveral Ordinance No. 11-2012 Page 1 of 5 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. 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. Adoption of AlA Economic Opportunity Overlay District. The City Council of the City of Cape Canaveral hereby establishes and adopts a new Article X in Chapter 110, Zoning,of the Code of Ordinances entitled"A 1 A Economic Opportunity Overlay District." The text of Article X is set forth in its entirety in Exhibit"A,"attached hereto and fully incorporated herein by this reference. Section 3. Adoption of Planned Development Process. The City Council of the City of Cape Canaveral hereby establishes and adopts a new Article XI in Chapter 110, Zoning, of the Code of Ordinances entitled "Planned Developments." The text of Article XI is set forth in its entirety in Exhibit"B," attached hereto and fully incorporated herein by this reference. Section 4. 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): CHAPTER 110. ZONING * * * ARTICLE VII. DISTRICTS * * * DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-331. -Intent; applicability. The requirements for the C-1 low density commercial district are intended to apply City of Cape Canaveral Ordinance No. 11-2012 Page 2 of 5 to an area adjacent to major arterial streets and convenient to major residential areas. 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. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. The provisions of this division shall apply to all property designated as C-1 Low Density Commercial on the city's official zoning map. Further,those properties zoned C-1 that are located within the boundaries of the AlA Economic Opportunity Overlay District, established pursuant to Article X of this Chapter, shall be subject to the guidelines and standards of that Article. * * * DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-351. -Intent; applicability. fa) The requirements for the M-1 light industrial and research and development district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions.Restrictions in this division are intended to minimize adverse influences of the industrial activities. All principal uses permitted in this zone shall be contained in an enclosed structure. (b) The provisions of this division shall apply to all property designated as M-1 Light Industrial and Research and Development on the city's official zoning map. Further,those properties zoned M-1 that are located within the boundaries of the AlA Economic Opportunity Overlay District, established pursuant to Article X of this Chapter, shall be subject to the guidelines and standards of that Article. * * * DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-380. -Intent; applicability. g) The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods,as well as the commercial needs of the motorist.All principal uses permitted City of Cape Canaveral Ordinance No. 11-2012 Page 3 of 5 in this zone shall be contained in an enclosed structure. The provisions of this division shall apply to all property designated as C-2 Commercial/Manufacturing on the city's official zoning map. Further, those properties zoned C-2 that are located within the boundaries of the A l A Economic Opportunity Overlay District,established pursuant to Article X of this Chapter, shall be subject to the guidelines and standards of that Article. * * * Section 5. 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 6. 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 7. 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 8. 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 17th day of July, 2012. •-• 6444 �% -- Betty W s , Mayor Pro Tem ATTEST; For Against John Bond _X ANGELA APPERSON, City Clerk Bob bog Motion Buzz Petsos 2nd Rocky Randels Absent Betty Walsh X City of Cape Canaveral Ordinance No. 11-2012 Page 4 of 5 1'Legal Ad published: June 9,2012 First Reading: June 19,2012 2nd Legal Ad published: June 28,2012 Second Reading: July 17,2012 Approved as to legal form and sufficiency for of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 11-2012 Page 5 of 5 EXHIBIT A APE CANAVERAL • ,. Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" IIIAl A Economic Opportunity Overlay District Code : : : : . . . : July 2012 . . . . . . . . . . . , p a .t; !3' ; r: 1.1.:' } A?• a,' ii'�.0 a� !wS 1 F;...i•}'t7yNYAm. . Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Chapter 110 - ARTICLE X - Al A Economic Opportunity Overlay District DIVISION 1 - GENERALLY Sec. 110-585. - Introduction. Sec. 110-586. - Boundary and organization. Sec. 110-587. - Applicability. Sec. 110-588. - Purpose. Sec. 110-589. - Goals. Sec. 110-590. - Objectives. Sec. 1 10-591. - Design principles. Sec. 110-592. - Definitions. Secs. 110-593.-110-603. - Reserved. DIVISION 2 - ADMINISTRATION Sec. 110-604. - Intent. Sec. 110-605. - Genera I. Sec. 110-606. - Procedure for design compatibility plan approvals. Sec. 110-606. - Plan submittals. Sec. 1 10-608. - Nonconforming uses, structures and buildings. Sec. 110-609. - Use matrix. Sec. 110-610. - Similar and compatible uses. Secs. 1 10-61 1.-1 10-620. - Reserved. DIVISION 3 - SITE PLANNING Sec. 1 10-621. - Intent. Sec. 110-622. - LEED or LEED equivalent design. Sec. 110-623. - Building orientation. Sec. 110-624. - Building height. Sec. 110-625. - Building setback. Sec. 110-626. - Project size. Sec. 110-627. - Lot coverage. Sec. 1 10-628. - On-site circulation. Sec. 110-629. - Utility and service areas. Secs. 110-630.-110-640. - Reserved. DIVISION 4 - ARCHITECTURAL GUIDELINES Sec. 110-641. - Intent. Sec. 110-642. - Similar and compatible design. Sec. 110-643. - Articulation. Sec. 110-644. - Building continuity. Sec. 110-645. - Scale. Sec. 110-646. - Proportion. Sec. 110-647. - Rhythm. Sec. 110-648. - Entry treatment. Sec. 110-649. - Roof lines. Sec. 110-650. - Exterior surface materials. Sec. 1 10-651. - Windows and transparency. Sec. 110-652. - Storefronts. Sec. 110-653. - Color. Cape Canaveral EOOD Planning Design Group Page I 1 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Sec. 110-654. - Awnings and canopies. Sec. 110-655. - Ground floor lighting. Sec. 1 10-656. - Utilities and stormwater management areas screening. Secs. 110-657.-110-667. - Reserved. DIVISION 5 - PARKING Sec. 110-668. - Intent. Sec. 110-669. - Surface parking. Sec. 110-670. - Shared parking. Sec. 110-671. - Parking structures. Sec. 110-672.-110-682. - Reserved. DIVIISON 6 - LANDSCAPING Sec. 110-683. - Intent. Sec. 110-684. - Commercial site plan review. Sec. 110-685. - Water-efficient landscaping. Sec. 1 10-686. - Screening between commercial or industrial zoning districts or uses and residential districts or uses. Sec. 1 10-687. - Project perimeter. Sec. 110-688. - Building landscaping. Sec. 110-689. - Surface parking lots. Secs. 110-690.-110-700. - Reserved. DIVISION 7 - SIGNAGE Sec. 110-701. - Signage intent. Sec. 110-702. - All signs. Sec. 110-703. - Awning signs. Sec. 110-704. - Pedestrian signs. Sec. 110-705. - Projecting signs. Sec. 110-706. - Wall signs Sec. 110-707. - Hanging signs. Sec. 110-708. - Window signs. Secs. 110-709.-110-719. - Reserved. Cape Canaveral EOOD Planning Design Group Page 12 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" DIVISION 1 - GENERALLY Sec 110-585. - Introduction. (1) The Al A Economic Opportunity Overlay District (EOOD) provides guidelines and standards for public and private development projects in commercially zoned areas along Al A. Consistent with the intent of the 2009 Community Visioning, the EOOD is developed to promote hospitality related commercial development that capitalizes on the economic benefits of Port Canaveral; 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. (2) All projects within the boundaries of the Al A EOOD shall comply with the following Design Guidelines and Development Standards. These requirements have the overall goal of encouraging compact, pedestrian-oriented developments and attractive public outdoor spaces. The EOOD is designed to create a unique identity for the Al A Corridor with a distinct sense of place while attracting new businesses and customers, and providing for the comfort, convenience, and safety of workers, residents and shoppers. (3) The Al A EOOD Design Guidelines and Development Standards set forth in this Article shall be in addition to and not in substitution of the underlying zoning district regulations and other regulations contained in this Code which shall also remain applicable to the AlA EOOD. The Al A EOOD Design Guidelines and Development Standards of this Article will govern development and redevelopment within the Al A EOOD and will control where conflicts between regulations occur. Sec. 110-586. - Boundary and organization. The boundaries of the AlA EOOD are shown on Figure 1. The AlA EOOD primarily consists of properties zoned for commercial, office, and industrial uses which abut or are in close proximity to AlA from the City Limits on the north to Canaveral River area on the south. T LEGEND ZONING IR1 s - R2 R 3 W E 4 C 1 S C 2 ... -M1 ......41111 -- District Boundary Figure 1 - Economic Overlay District Boundary Map Cape Canaveral EOOD Planning Design Group Page 13 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Sec. 110-587. - Applicability. (1) The Al A Economic Opportunity Overlay District (EOOD) is an approximately one-mile commercial corridor, generally recognized as extending from the entrance to the City of Cape Canaveral on the north to the Canaveral River area on the south. This approximately one-mile corridor is intersected by Central Boulevard which generally runs east-west. (2) The area of the District along AlA is intended to serve as the main gateway into 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 Al A 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 AlA and Central Boulevard. (3) The streets will have a retail/commercial service atmosphere with small or large neighborhood stores at street level and apartments or offices on upper floors. The retail composition of the district shall include stores, personal services, hotels, cultural facilities, hospitals, clinics, pharmacies, convenience stores with gas, high tech manufacturing, entertainment, and eating establishments including rooftop restaurants that serve the EOOD as well as stores, eating establishments, and business services (printing, accounting, etc.) that serve the other businesses and office users in the area. Residential uses shall be limited to upper floors along Al A and Central Boulevard within the Economic Opportunity Overlay District. (4) The main street component of the District is intended to provide a mixed-use, pedestrian- oriented focus for the proposed Town Center, with land uses serving Town Center residents and visitors. This District provides the City of Cape Canaveral with a small-town style walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall occupy as much of the ground floor frontages along Central Boulevard as the market will bear. Upper floors shall be office or residential along these two main streets. This District also shall provide the potential for continuum-of-care developments such as independent, assisted living and skilled care facilities. Sec. 110-588. - Purpose. The purpose of these design guidelines and standards are to provide flexibility in the uses and design requirements for the Al A EOOD, while setting minimum design standards to facilitate quality development. These standards will guide future development and redevelopment within the City of Cape Canaveral so that it creates more vital commercial cores and corridors, protects adjacent residential neighborhoods and neighborhood commercial centers, promotes the use of quality building materials, enhances the streetscape on all public streets, and continues to improve the image and pride in the city. Sec. 110-589. - Goals. The Al A Economic Opportunity Overlay District (EOOD) provides design guidelines and standards which are intended to promote and enhance the identity of the District. Specifically, the goals of the EOOD are: (1) To create attractive, functional, and lasting buildings and places. (2) To encourage the design, construction and operation of buildings and places that are environmentally responsible, sustainable and healthy places to live, work, and play. Cape Canaveral EOOD Planning Design Group Page 14 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" (3) To promote development and redevelopment that preserves and enhances the physical appearance of the corridor and contributes to the District's unique sense of place. (4) To encourage the use of quality materials in development and redevelopment. (5) To encourage development that adds to a pedestrian friendly retail environment and contributes to the safety and comfort of both pedestrian and automobile traffic. (6) To provide direction in site planning and to ensure a high degree of design quality in development within the AlA EOOD through the use of Design Guidelines and Standards. (7) To enhance and protect the commercial corridors and primary entrances into the City of Cape Canaveral. Sec. 110-590. - Objectives. (1) The design guidelines and standards are intended to address the built environment within the City of Cape Canaveral and to recognize aesthetic design as an integral part of the planning and development process. (2) The guidelines and standards are intended to ensure that the appearance of new development, infill development, and redevelopment is representative of the City of Cape Canaveral's Community Vision. (3) The guidelines and standards will enable development to occur in a manner that is not only beneficial and worthwhile for the developers and property owners, but the development will also have a positive impact on the surrounding properties, neighborhoods, citizens, and the entire city. Sec. 110-591. - Design principles. The AlA Economic Opportunity Overlay District (EOOD) is based upon a set of design principles. These principles are: (1) Consistency: The Al A Commercial corridor features a mixture of development types including office buildings, hotels and convention facilities, strip-commercial centers, neighborhood-serving retail, nighttime entertainment uses, attractions, and restaurants. Design of these structures has been influenced by use, age, and site dimensions. Within the context of these constraints, developments can achieve the principle of consistency through selection of colors, exterior surface materials, scale, rhythm, proportions, landscaping and sign programs. (2) Activity: Active street life, which can be enhanced by design considerations, is a major component of thriving pedestrian commercial districts. There are many opportunities to insert options for increased street-level pedestrian activity along Al A. Through building orientation, circulation, storefront design and landscaping, development can further promote the principle of safe pedestrian activity. (3) Pedestrian Orientation: Pedestrian orientation can be achieved through storefront ornamentation, reduction of blank surfaces, building articulation, proportion, rhythm, color, and texture. Guidelines and Standards based upon this principle address wall surfaces, windows, awnings, signage, and architectural treatments. (4) Safety: Public safety is critical to the success of a commercial district. Public safety in this case refers not only to safety from criminal activity, but also creating an environment in which pedestrian and automobile traffic can safely coexist. The design and development of commercial centers and the public open space adjacent to them shall include considerations of public safety. Public safety issues can be addressed through site planning considerations such as the location of parking lots, lighting, signage and landscaping. Cape Canaveral EOOD Planning Design Group Page 15 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" (5) Simplicity: Design Guidelines and Standards for the Al A Economic Opportunity Overlay District shall provide for public convenience by clearly identifying the nature of the business and communicating points of ingress and egress for pedestrian and automobile traffic. These issues can be addressed through architectural treatments as well as through site planning considerations such as the location of parking lots, lighting, signage and landscaping. Sec. 110-592. - Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in section 1 10-1 of this Code. Accent Color: A contrasting color used to emphasize architectural elements. Architectural Bay: The area enclosed by the storefront cornice above, piers on the side and the sidewalk at the bottom. Attraction and Destination Uses: A land use which by its nature generates high volumes of multimodal transportation activity which may originate outside of the city limits and may include but not limited to theme parks, activity centers, and town centers. Awning: A roof-like cover, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof-like structure and is supported entirely by the building without the use of ground supports. Awning Sign: Any sign located on the valance of a shelter supported entirely from the exterior wall of a building which extends over a building feature such as a door or window or a landscape/site feature such as a patio, deck or courtyard and which is constructed of fabric. Bright Paint: Paint containing "fluorescent dye of pigment which absorbs UV radiation and re-emits light of a violet or bluish hue used to increase the luminance factor and to remove the yellowishness or white or off-white materials." (Coatings Encyclopedic Dictionary) Canopy: A projecting horizontal architectural element, other than an awning, made of f ire- resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by the ground. Cast Stone: A refined architectural concrete building unit manufactured to simulate natural cut stone, used in masonry applications. Color Palette: A color scheme that incorporates related colors of complimentary hues and shades. Cornice: The uppermost horizontal architectural band of moldings along the top of a wall or just below a roof. Curtain Wall: A non-structural building facade or outer covering which does not carry any dead load from the building except its own load. Entablature: The superstructure of moldings and bands which lie horizontally above a column. Facade: The front of a building or any of its sides facing a public way or space. Cape Canaveral EOOD Planning Design Group Page 6 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" Floor Area Ratio (FAR): A measurement of the intensity of building development on a site. The floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area. Florida Friendly Landscaping: Quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of storm water runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance. Frieze: Ornamental architectural horizontal band that runs above doorways and windows or below the cornice. Ground Floor: The lowest story within a building which, for the purpose of identifying street-level pedestrian activity, is the first 15 feet measured vertically and accessible to the street, the floor level or which is within three feet above or below curb level and is parallel to or primarily facing any public street Hanging Sign: A type of sign which is similar to projecting signs except that they are suspended below a marquee or under a canopy, making them generally smaller than projecting signs. High Technology: High-technology uses include but are not limited to the manufacture, machining, maintenance, repair, and testing of equipment and products that support the aerospace, automotive, aviation, naval, and military industries. Mixed-use Development: A type of development which may include one building, set of buildings, or defined project area for more than one purpose and may include any combination of uses, but not limited to residential, retail shops, eating establishments including rooftop restaurants, professional offices, industrial, and civic uses. Muntin: A strip of wood or metal separating and holding panes of glass in a window. Parapet: A low wall along the edge of a roof. Pedestrian Sign: A type of sign which is attached to a wall or to the underside of an awning, architectural canopy or marquee with one or two faces perpendicular to the face of the building which identifies a use of service exclusively or primarily by symbol. Planned Development (PD): A designed development where the regulations of the underlying zone in which the development is situated are waived to allow flexibility and creative initiative in site, building design and location in accordance with the approved plan and imposed general requirements. Port of Call Facility: A tourist-related use with a range of uses which may include, but is not limited to commercial parking, transportation transfer facility, vehicle rental, taxi service, retail, restaurants visitor/information center, provision for hotel, and other tourist support services. Primary Color: One to three base colors chosen to dominate a color scheme. This definition does not relate to the color value or hue. Cape Canaveral EOOD Planning Design Group Page 17 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Project: The erection, construction, major commercial additions, or major exterior alteration of any building or structure, including, but not limited to monument signs located in an Economic Opportunity Overlay District. A Project does not include construction that consists solely of (1) interior remodeling, interior rehabilitation or repair work; or (2) a residential building on a parcel or lot which is developed entirely as residential use and consists of three or fewer dwelling units, unless expressly provided for in an Economic Opportunity Overlay District established pursuant to this Article. Projecting Sign: A type of sign which is attached to a building face and projects out perpendicularly to the building wall by more than 18 inches and is effective when oriented to pedestrians. Shared Parking: Shared parking is a tool by which adjacent land uses that have different parking demand patterns may reduce the combined parking requirements for each use and use the same parking spaces/areas throughout the day. Stepback: A stepback is a setback located on the upper floors of a building, typically to reduce the bulk of a building or to provide outdoor floor space. Street wall: The wall of facades created in a pedestrian oriented district when stores are built to the front yard and side yard setback. Stucco: A coarse plaster composed of Portland or masonry cement, sand and hydrated lime mixed with water and applied in a plastic state to form a hard covering for exterior walls. Wall Sign: A type of sign which is attached to the face of a building wall which shall not project more than 18 inches and may include channel panels or letters made out of wood, metal, or recycled composite material. Water-efficient landscaping: Landscaping that maximizes the conservation of water, via the application of one (1) or more of the principles of Florida Friendly Landscaping. Window Sign: A type of illuminated or non-illuminated sign which consists of individual letters and/or logos painted, posted, displayed, etched or otherwise placed on the interior or exterior surface of the window and intended to be viewed from the outside. Secs. 1 10-593-110-603. - Reserved. DIVISION 2 - ADMINISTRATION Sec. 110-604. - Intent. All projects, as defined in the Al A Economic Opportunity Overlay District, shall be reviewed for compliance with this Article prior to being issued a building permit. Sec. 110-605. - General. The planning official shall have the authority to render interpretations of this code, to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent or purpose of this code. 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 plans and other documents required by section 22-44 of this Code have been submitted to the Planning and Development Department and approved according to the procedures in Article III of Chapter 22 of this Code. Cape Canaveral EOOD Planning Design Group Page 18 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Sec. 110-607. - Plan submittals. A Design Compatibility approval shall also include the site plan criteria set forth in section 1 10- 222 of this Code. Sec. 110-608. - Nonconforming uses, structures and buildings. Those legally existing uses, structures and buildings that do not comply with the Al A EOOD Design Guidelines and Standards of this Article at the time of its adoption shall be deemed nonconforming and shall be governed by Article V of Chapter 110 of this Code. Sec. 110-609. - Use matrix. The Al 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 Al A 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 ;fir Retail P P 'P Personal Services P P 'SE Hotels and Motels P 'P 'SE Banks P P 'SE Assisted Living Facility SE 'SE NA 2Pharmacies P P NA 2FIex space (office, showroom, warehouse) SE SE P _ 2Convenience store w/gas SE SE P 2High tech / light manufacturing SE P P 2Warehousing NA SE P 2Off-site cruise ship parking accessory to hotels and SE SE SE motels Commercial Parking Facility (minimum lot size of 5 NA NA SE 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 2 Use included to clarify intent of code *Uses not specifically listed may be approved as a Planned Development (PD) Sec. 110-610. - Similar and compatible uses. Any use not specifically listed may be authorized by the City Council as a planned development on a case-by-case basis. Sec. 1 10-61 1.-1 10-620. - Reserved. DIVISION 3 – SITE PLANNING Cape Canaveral EOOD Planning Design Group Page 19 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Sec. 110-621. - Intent. (1) Site planning involves the proper placement and orientation of structures, structure height, development acreage, open spaces, parking and pedestrian and vehicular circulation on a given site. The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a project will be an asset to the community. (2) Proper site planning shall promote harmony between new and existing buildings and shall be sensitive to the scale, form, height, and proportion of surrounding development. Good design with complementary landscaping is a major component in creating vibrant commercial areas that foster a pleasant and desirable character, pedestrian activity, and economic vitality. Factors such as the size and massing of buildings, the orientation of storefronts, and circulation greatly influence the quality of the pedestrian experience. (3) Within the Al A Economic Opportunity Overlay District, site planning and design of new buildings and the rehabilitation of existing buildings shall promote continuity of the historic context of buildings (as shown in historic documentation) in relationship to the existing pattern and scale of streets, sidewalks and parking. The guidelines and standards below reinforce the existing historic development patterns (as shown in historic documentation) and provide a site planning framework for both infill developments and rehabilitation and revitalization of existing buildings. Sec. 110-622. - LEED or LEED equivalent design. (1) Intent: LEED (Leadership in Energy and Environmental Design) is a national consensus- based, market-driven building rating system developed by the U.S. Green Building Council to encourage the development and implementation of green building practices. This rating system is incorporated in the categories of site, water, energy, materials, and air quality. The City desires to encourage, where practical, the use of LEED or a LEED equivalent rating system in the design of projects within the AlA Economic Opportunity Overlay District (EOOD). (2) Categories: The following LEED or LEED equivalent categories shall be considered in the design of projects within the District to the maximum extent practical. a. Sustainable Sites (SS). The project shall include consideration of erosion and sedimentation control; optimum site selection which avoids areas such as wetlands, floodplains, etc.; siting projects to promote urban redevelopment or use of brownfield sites; alternative transportation options; reduced site disturbance; innovative stormwater management; reduction of heat islands; and reduction of light pollution. b. Water Efficiency (WE). The project shall incorporate water-efficient landscaping as described in section 110-592; innovative wastewater technologies; and potable water use reduction, to the maximum extent practical. c. Energy and Atmosphere (EA). All projects shall optimize energy performance; utilize renewable energy or energy credits, where feasible; and reduce or eliminate the use of CFCs (chlorofluorocarbons), HCFSs (hydrochlorofluorocarbons) and Halons. d. Materials and Resources (MR). All projects shall, to the maximum extent practical during new construction or redevelopment, incorporate recycling and salvage of construction materials; use local materials (within 500 miles); use rapidly renewable materials; and use certified wood. Cape Canaveral EOOD Planning Design Group Page I 10 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" e. Indoor Environmental Quality (IEQ). All projects shall comply with the Florida Clean Indoor Air Act (FICAA), where appropriate to prohibit smoking indoors; increase building ventilation effectiveness; meet or exceed the SMACNA (Sheet Metal and Air Conditioning Contractor's National Association) guidelines for occupied buildings; conduct minimum building flush out at 100% outside air prior to occupancy; encourage use of low-emitting materials which meet or exceed the VOC (volatile organic compound) limits; maximize indoor pollutant source control to minimize cross-contamination of occupied areas; provide operable windows and individual air controls, where practical; and maximize use of daylight and views. f. Innovation in Design (ID). Encourage the use of a LEED Accredited Professional (LEED AP) or LEED equivalent professional participant on the project. Sec. 110-623. - Building orientation. (1) Buildings shall be oriented towards AlA and Central Boulevard as well as adjacent cross- streets in order to encourage pedestrian activity along the sidewalks of AlA and Central Boulevard and to facilitate pedestrian access to and from the sidewalk to adjacent properties. a. Projects with rear lot lines abutting a street, alley, or parking lot shall incorporate pedestrian entrances at the rear lot line in addition to those on Al A and Central Boulevard. Sec. 110-624. - Building height. (1) Building height shall be correlated to the scale of the street along which it faces and shall encourage a comfortable pedestrian-oriented environment. a. The standard building height for projects within the EOOD shall be up to four (4) stories or 45 feet. b. Increased building heights above four (4) stories or 45 feet may be considered up to six (6) stories or 65 feet, if height mitigation measures such as a building stepback (as illustrated in Figure 2) or setback are proposed and approved by the Community Appearance Board. c. Increased building heights above 65 feet may be considered pursuant to a Planned Development (PD) approved by the City Council on a case-by-case basis. d. Any single-story structure in which the floor to ceiling height exceeds 15 feet or the exterior facade height exceeds 25 feet, shall be designed to appear like a multi- story structure. Exceptions to this requirement may be reviewed and considered for approval by the Community Appearance Board based pursuant to requirements of this Article. it • Figure 2-Building Height Cape Canaveral EOOD Planning Design Group Page I 11 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" 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 Al A shall be a minimum of 15 feet. b. Building setback along all other streets shall be a minimum of 10 feet. Sec. 110-626. - Project size (1) All uses within a project shall be sized to provide sufficient building setback and to encourage a pedestrian-oriented environment. a. All uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of the underlying zoning district. b. There shall be no minimum lot size for hotel development within the Al A Economic Opportunity Overlay District. However, there shall be a minimum of 150 units that must be constructed at the same time. c. Building setback, lot coverage and developments that are inconsistent with these requirements may be approved pursuant to a planned development (PD) approved by the City Council on a case-by-case basis. Sec. 110-627. - Lot coverage. (1) Buildings and accessory structures shall be sized to maximize the efficient use of the lot. a. Lot coverage (as defined in section 110-1) shall be no more than 80% of the developable land area provided the setback, stormwater and landscaping requirements are met. 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. Sec. 110-629. - Utility and service areas. (1) Utilities, storage areas, mechanical equipment, fire alarms, sprinklers and other service areas shall be located so that they are not visible from the public right-of-way. a. Storage areas and mechanical equipment installed as part of a new project shall be placed to the rear of the site. b. Utilities shall be constructed and installed underground per section 110-482. c. Roof-top equipment shall be screened from view on all sides by an appropriate architectural treatment such as a parapet wall or other architectural feature. Cape Canaveral EOOD Planning Design Group Page I 1 2 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" Secs. 110-630.-110-640. - Reserved. DIVISION 4— ARCHITECTURAL GUIDELINES Sec. 110-641. - Intent. The architectural elements used in the design of new buildings shall create and/or maintain continuity of the street wall and façade. New building facades shall employ architectural elements that provide gradual or compatible transitions between existing and new buildings. Such elements include continuity of scale, rhythm, proportion, massing and design, windows and transparency, façade treatment, building material, color, access, and open space which collectively serve as logical evolutions of the existing character of the street. This does not mean that identical architectural styles shall be duplicated from neighborhood buildings. Rather, continuity shall be maintained through a consistency in proportion and character of defining elements of existing facades or repetition of other architectural features. Sec. 110-642. - Similar and compatible design Any architectural design elements which are not specifically listed or which are inconsistent with these code requirements may be approved by the Community Appearance Board on a case-by- case basis. Sec. 110-643. - Articulation. (1) Reduce the monotony of large buildings by breaking architectural elements into smaller pedestrian scale components or through use of varied materials, textures or colors, trim, roof lines, canopies and awnings in order to provide variation and visual interest. Façades shall be organized into three major components, the base (ground level), body (upper architecture) and cap (parapet, entablature or roofline), as illustrated in Figure 3. rtr—fir.,1601 i= g_ JTizat ti` ,.' Cap I I ii _ .. r jj ' Body ii I Figure 3 - Building Articulation a. The incorporation of expressed architectural bays shall be encouraged to break up large unbroken surfaces along the street wall. b. All projects shall provide horizontal architectural treatments and/or façade articulations such as cornices, friezes, balconies, piers, awnings, pedestrian amenities, or other features for the first 15 feet of building height, measured vertically at street level. c. Projects with sixty linear feet or more of building frontage shall provide vertical architectural treatments and/or facade articulations such as columns, pilasters, indentations, storefront bays, windows, landscaping, or other feature at least Cape Canaveral EOOD Planning Design Group Page I 13 i Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" every thirty feet on center. The vertical break shall be at least 24 to 36 inches in width. Sec. 110-644. - Building continuity. (1) Maintain building openings that enhance building design and continuity, as well as the pedestrian experience. a. Buildings shall be generally designed to maintain a continuous street wall along the length of a block except to accommodate building articulation pursuant to section 110-643. Sec. 110-645. - Scale. (1) Maintain human scale of building that enhances the pedestrian experience at the ground floor of commercial areas.. , ... ..: . 4. , ,, - Detail less th r.„. . . ,. s t Detail less than' " 15 / Sli ,.fie Figure 4 - Building Scale a. Facades shall incorporate a minimum of two (2) continuous details refined to the scale of 12 inches or less within the first 15 feet of the building wall, measured vertically at the street level, as illustrated in Figure 4. Sec. 110-646. - Proportion. (1) Maintain ground level pedestrian scale with traditional storefront facade components and proportions to provide a consistent pattern of architectural detailing, including the use of decorative elements, changes in rooflines and windows, and changes in building materials and color. Cape Canaveral EOOD Planning Design Group Page I 14 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" 60 Feet Max. erticdt ''assing' �t. $11 L Vertical Opening r-- Figure 5 - Building Proportion a. The frontage of buildings shall be divided in architecturally distinct sections of no more than sixty (60) feet in width with each section taller than it is wide. b. Windows and storefront glazing shall be divided to be either square or vertical in proportion so that each section is taller than it is wide, as illustrated in Figure 5. c. Vertical and horizontal design elements, including columns, pilasters, and cornices, shall be defined at both the ground level and upper levels to break up the mass of buildings. Sec. 110-647. - Rhythm. (1) Solid blank walls shall be avoided through the use of facade modulation or other repetitive architectural detailing to maintain visual organization of the building's facade. ti{ t Repeating Roof Mass � t • t Figure 6 - Facade Rhythm a. A minimum of one significant detail or massing component shall be repeated no less than three (3) times along each applicable elevation, as illustrated in Figure 6. b. The scale of the chosen element shall relate to the scale of the structure. Cape Canaveral EOOD Planning Design Group Page I 15 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" Sec. 110-648. - Entry treatment. (1) Construct a dominant entryway to reinforce the character of the building, add visual interest, break up the monotony of flat surfaces, add a vertical element to break up the facade of the building and create an inviting entrance. a. A dominant entryway fronting a public street that is differentiated from the building facade and provides a distinctive use of architectural treatments, materials, or special lighting shall be constructed. b. Buildings constructed on a corner shall place the dominant entry on the corner at a diagonal. The use of a curvilinear element for this entryway is strongly encouraged. c. Building entries shall be illuminated at night. d. Doors shall be comprised of non-tinted clear glass, which is free of temporary signage and/or other types of materials that may obstruct visibility. Sec. 110-649. - Roof lines. (1) Design new buildings to achieve consistency by creating continuity between the heights of adjacent roofs, parapets, and cornices, where possible. a. Roof lines shall be designed to reflect a distinct style (such as) a relatively consistent horizontal cornice with a dominant vertical architectural element to meet the roof line; or 2) a collage effect with clearly juxtaposed roof lines that have a repetitive element. b. Severe roof pitches that create prominent out-of-scale building elements shall be avoided. Sec. 110-650. - Exterior surface materials. (1) Select high quality, human-scale building materials to reduce building mass, create visual interest, and complement the Community Vision for architectural style of the AlA EOOD. a. The base of a building (the first two to five feet above the sidewalks) shall be differentiated from the rest of the building facade with treatments such as change in material and/or color. b. The exterior facade of buildings shall incorporate no less than two building materials including but not limited to tile, brick, stucco, cast stone, stone, formed concrete or other high quality, long-lasting masonry material over a minimum 75 percent of the surface area (excluding windows, doors and curtain walls.) The remainder of the wall area may incorporate other materials. Sec. 1 10-651. - Windows and transparency. (1) Add visual interest and create a feeling of openness by incorporating windows with architectural defining features such as window frames, sashes, muntins, glazing, paneled or decorated jambs and moldings. Cape Canaveral EOOD Planning Design Group Page 16 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A"s . /�f �y Upper Levels fi//49V.F/At. 11 -5 f"Ilit A i Ground Level n w� .s.;:. Figure 7 - Windows & Transparency a. A minimum percentage of transparency along a street or primary travel way for different levels of non-residential uses shall be achieved as follows: 1. Ground level retail: 25% of surface area minimum; 2. Ground level office or other commercial uses: 1 5% of surface area minimum; 3. Ground level of commercial use over 25,000 SF: 10% of surface area minimum; and 4. Upper levels of all uses: 15% of surface area minimum. b. Transparency of the ground level shall be calculated within the first 15 feet of the building wall, measured vertically at street level, as illustrated in Figure 7. c. In cases where a building has more than two (2) facades fronting a street or primary travel way, the transparency requirement shall only be required on two facades based on pedestrian traffic and vehicular visibility. d. All ground level windows shall provide direct views to the building's interior or to a lit display area extending a minimum of 3 feet behind the window. e. Ground level windows shall extend above a minimum 18 to 24 inch base. f. A continuous curtain wall of glass which exceeds 30 feet in width and 15 feet in height without intervening vertical and horizontal breaks of at least 24 to 36 inches, shall be prohibited. g. Street facing, ground floor windows shall be comprised of non-tinted, clear glass. h. Windows on the upper levels of buildings may be comprised of tinted glass to reduce glare and unnecessary reflection. Sec. 110-652. - Storefronts. (1) Promote an active pedestrian district by incorporating attractive and functional storefronts into new construction. a. Multiple tenants with storefronts within a single building shall be architecturally consistent, but defined and separated through structural bays, horizontal lintels, vertical piers or other architectural features up to 30-foot intervals. b. Individual storefronts shall not be used for storage or left empty without window displays. Sec. 110-653. - Color. (1) Use a color palette which complements adjacent buildings and promotes a consistent color scheme on the site. Cape Canaveral EOOD Planning Design Group Page 17 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" 3 PRIMARY COLORS 1 Primary Color 1 2 Primary Color 2 3 Primary Color 3 - ACCENT COLORS 1 Accent Color 1 2 Accent Color 2 Figure 8 — Building Color a. A maximum of three (3) primary colors for each building segment may be proposed with a maximum of two (2) accent colors, as illustrated in Figure 8. b. Bright or intense colors shall not be utilized for large areas unless consistent with the historical context of the area as shown in historic documentation. c. Bright colors on architectural detailing, trim, window sashes, doors and frames, or awnings may be used if they are consistent with the historical context of the area as shown in historic documentation. d. All vents, gutters, down spouts, etc., shall be painted to match the color of the adjacent surface, unless being used expressly as trim or an accent element. Sec. 110-654. - Awnings and canopies. (1) Add awnings or canopies to provide variation to simple storefront designs in order to establish a horizontal rhythm between structures where none exists and add color to a storefront. a. The size, scale and color of the awnings shall be compatible with the rest of the building and shall be designed as an integral part of the building architecture. b. Awnings and canopies shall be constructed of high quality, substantial materials which must be durable and fade resistant and maintained in good condition and replaced periodically. c. Canopies and awnings that span an entire building are discouraged. The careful spacing of awnings that highlight certain features of a storefront or entryway is encouraged. Sec. 110-655. - Ground floor lighting. (1) Incorporate lighting into the design not only to accentuate architectural features, but to provide a safe environment for pedestrian activity. a. Lighting shall be shielded to prevent glare to adjacent properties. b. Intense lighting which is used solely for advertising purposes shall not be used. c. Buildings shall be highlighted through "up" lights or accent lights placed on the facade. Cape Canaveral EOOD Planning Design Group Page I 18 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" d. Neon lighting shall not be used to outline a building except when it is integral to the architectural design of the structure, such as the instance of Art Deco or other historically and architecturally appropriate design elements. Sec. 110-656. – Utilities and stormwater management area screening. (1) Screen or enclose existing utilities, storage areas, mechanical equipment, fire alarms, sprinklers and other service areas with attractive landscaping or architectural barriers. a. Screen or enclose rooftop mechanical equipment by materials that are architecturally integrated with the building. b. Locate enclosed trash/recycling containers at the rear where they are not visible to the public. c. Trash/Recycling storage bins shall be located within a gated, covered enclosure constructed of materials identical to the exterior wall of the building and screened with landscaping, so as not to be viewed from the public right-of-way. (2) When fencing is required around on-site stormwater management areas (retention/detention ponds) which are located in front of the building's primary façade and along a street or primary travel way, it shall be decorative fencing and shall not be chain-link fencing. Secs. 110-657.-110-667. - Reserved. DIVISION 5 – PARKING Sec. 110-668. - Intent. The location and design of parking lots and buildings in a development is critical in promoting safety for pedestrians and minimizing conflict with vehicles. Parking structures and areas shall form an integral part of the project and be well landscaped, so as not to detract from the pedestrian experience and maintain visual interest. Sec. 110-669. - Surface parking. (1) Locate surface parking in the rear or side of buildings and provide pedestrian access 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. (1) 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 Development Review Committee. a. Shared parking in commercial areas in the district shall be encouraged as part of the development review process. b. Shared parking must be located on the same block as the land uses they are intended to serve or on opposite sides of an alley. c. As part of the approval process, the developer shall demonstrate that the two land uses have differing peak-hour demand, or that the total parking demand at any one time would adequately be served by the total number of spaces. d. A shared parking agreement between the sharing property owners is required in order to ensure proper functioning of the shared parking arrangement. Cape Canaveral EOOD Planning Design Group Page 19 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" Sec. 110-671. - Parking structures. (1) When a parking structure is included in a project, it shall be integrated into the overall design of a development. a. Parking structures shall be compatible with the main building through a consistency in building material, color and architectural defining features. Secs. 1 10-672-1 10-682. - Reserved. DIVISION 6— LANDSCAPING Sec. 110-683. - Intent. Through the use of a variety of vegetation such as trees, shrubs, ground cover, perennials and annuals, as well as other materials such as rocks, water, sculpture or paving materials, landscaping unifies streetscape and provides a positive visual experience. Landscaping also can emphasize sidewalk activity by separating vehicle and pedestrian traffic, provide shade, define spaces, accentuate architecture, create inviting spaces and screen unattractive areas. Also, since water resources are limited and water restrictions are commonplace in East Central Florida, especially in the coastal areas, the city is incorporating water-efficient landscape standards as a means to help conserve water use for landscaping. Sec. 110-684. - Commercial site plan review. (1) All development and redevelopment of real property, including all structures, whether temporary or permanent, within the District shall comply with the provisions of this section. a. Construction requiring site plan review shall not be permitted until a landscape plan consistent with this section has been submitted to and approved by the Community Development Department. b. Landscape plans for all projects shall be prepared, signed and sealed by a registered landscape architect. c. The landscape plans shall be drawn to a scale between one (1) inch equals ten (10) feet, and one (1) inch equals forty (40) feet. (2) The landscape plan shall include notations of all elements required by this section or the information shall be attached to specify compliance with this section, and at a minimum, shall include the following. a. The "limit of work" line for the subject project to include any adjacent property trees located up to ten (10) feet beyond the property line; b. All overhead utility lines, transformers, easements, and underground utilities, sidewalks located within the project, and ground or pole signs as defined in Chapter 94 of this Code; c. All existing and proposed light poles, fire hydrants, and backflow prevention devices; d. Building finished floor elevation(s) and building overhang(s); e. Proposed site grading, including spot elevations, and contour lines at one-foot intervals; f. Healthy and viable existing on-site trees and shrubs of a Code-acceptable size, species and location that are intended to be preserved and applied toward the requirements of this section. Details of the protective barriers and/or other protective measures to be used for said preservation shall be provided; g. Notes indicating that all existing invasive exotic plants, as listed in the Florida Exotic Pest Plant Council (FLEPPC) Invasive Plant Species List (201 1), shall be removed (any disturbance of a wetland area requires compliance with Chapter 106 of this Code.); Cape Canaveral EOOD Planning Design Group Page 120 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" h. A plant schedule which describes all proposed landscape materials, including specifications as to the species, size, spacing, opacity, and quantity of plant material; i. In no case shall a landscape plan incorporate the use of prohibited invasive exotic plant species as described in section 581.091, Florida Statutes, as may be amended; j. Nothing in this Article shall be construed to prohibit or be enforced to prohibit any property owner from implementing city-approved low impact development techniques for stormwater management and capture or Florida Friendly Landscaping on their land; and k. In all cases, a certification from the landscape architect stating that the landscape plan is designed in accordance with this section. Sec. 110-685. - Water efficient landscaping. The following water-efficient landscaping principles shall be considered when designing a landscape plan as specified in section 110-684 of this Code: (1) Plant selection: In preparing the landscape plan, plant material shall be selected that is best suited to withstand the growing and soil conditions of coastal areas. Plant species that are freeze and drought tolerant are preferred. (2) Turf grass: Turf grass areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreational uses, provide soil erosion control such as on slopes or in swales, where turf grass is used as a design unifier, or other similar practical use. The landscape plan shall label the intended use of turf areas. (3) Mulch: A layer of organic mulch, installed to a minimum depth of two (2) inches, shall be specified on the landscape plans in plant beds and around individual trees in turf grass areas. Mulch shall not be required in annual beds. (4) Irrigation: Whenever available, reuse water shall be used for irrigation in accordance with section 90-176 of this Code. All irrigation systems shall conform to the requirements set forth in Chapter 91 of this Code and shall be certified by the licensed contractor or licensed professional to be in compliance with Chapter 91 irrigation system requirements in design. Certification shall include language providing that the system shall be installed in compliance with the Chapter 91 irrigation system requirements. This certification shall be submitted to the city on the landscape plan. (5) As an option, Florida Friendly Landscaping principles, as described in section 373.185(1)(b), Florida Statutes, as may be amended, may be utilized for the entire landscape plan. (6) The landscape plan shall contain certification by the registered landscape architect that the landscape plan is designed in compliance with this Code and the certification shall be submitted to the city as a component of the initial submittal of the commercial site plan. Such certification shall be stated directly on the landscape plan. Sec. 110-686. - Screening between commercial or industrial zoning districts or uses and residential districts or uses. (1) Whenever the boundaries of a commercial or industrial zoning district or commercial or industrial use and a residential zoning district or residential use abut, a visual screen shall be provided within the required setbacks of the property which is developing or redeveloping. (2) Such visual screen shall: Cape Canaveral EOOD Planning Design Group Page 121 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" a. Be provided along the entire length of the boundary separating the commercial or industrial zoning district or commercial or industrial use from the residential zoning district or residential use. b. Have a minimum of one ten-point tree value as defined in section 1 10-567 which shall be planted every 35 feet with at least two five-point trees on the minimum 50-foot C-1 or 75-foot C-2 lot or commercial use and three five-point trees on the minimum 75-foot M-1 lot or industrial use. (3) Unless stated otherwise, all other requirements of section 110-566 not listed here, shall apply. 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. a. The landscaped area shall be equal to the full linear length of the property and have a minimum depth of five (5) feet. b. At least fifty (50) percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of thirty (30) inches in height, with one (1) medium or large tree planted for each twenty-five (25) feet or fraction thereof of the linear property length, or one (1) small tree or palm tree planted for each fifteen (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 fifty (50) percent of the required landscape along that perimeter. Sec. 110-688. - Building landscaping. (1) Landscaping is required at the base of buildings to create visual interest and to soften the contrast of the building and the other vegetated areas. a. A landscaped area shall be provided around the base of all buildings oriented toward public rights-of-way or public parking areas. The rear of the building shall not be included within the landscaped area unless it is oriented to a public right- of-way. b. This landscaped area shall be equal to fifty (50) percent of the linear length of the building base oriented toward the rights-of-way or parking areas, with a minimum width of four (4) feet. c. At least half of the required landscaped area shall contain landscape material other than ground cover, with trees provided at a ratio of one (1) tree per two hundred (200) square feet of required landscaped area or fraction thereof. The distribution of the landscaped areas shall be at the discretion of the owner. d. Building landscaping may be applied towards meeting the perimeter landscaping requirement in this section. Sec. 110-689. - Surface parking lots. (1) Buffer off-street parking adjacent to a public right-of-way or residential buildings with a landscaped barrier. a. Interior landscaping for off-street parking shall conform to the requirements of section 110-567 of this Code. Cape Canaveral EOOD Planning Design Group Page 122 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" b. Minimum landscape buffer width between the right-of-way and the parking or vehicular access area along AlA 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 fragmented, 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. h. Lighting shall not be used to create an attraction, distraction, or commercial signage intent to the wall or berm. Secs. 110-690.-110-700. – Reserved. DIVISION 7– SIGNAGE Sec. 110-701. - Intent. The placement, construction, color, font style, and graphic composition of signs have a collective impact on the appearance of the entire district. Therefore, signage shall be integrated with the overall design of a building and its surrounding landscape. Signage shall convey a simple straightforward message to identify businesses and/or to assist pedestrians and vehicular traffic in locating their destination. The size, number, location and use of signage are further regulated in Chapter 94 of this Code. Sec. 110-702. - All signs. (1) Design signage which is incorporated into the overall design of a building and complements the facade or architectural element on which it is placed. a. All signs shall be maintained in good repair. b. Easy to read signs with a brief simple message and a limited array of font styles are encouraged. c. Colors shall be selected to contribute to the legibility and design integrity of a sign with sufficient contrast between the background color and that of the letter or symbol. d. Signs shall not dominate or obscure the architectural elements of building facades, roofs or landscaped areas. e. Signs may be constructed of metal, stone, wood, recycled composite material or other non-illuminated material. f. Signs made up of channel lettering, hung away from the face of a building such as a projecting sign and or signs perpendicular to the face of a building tend to have a lighter appearance and are permitted. g. Neon signs and channel lettering are permitted. h. Internal illumination shall be used only for signs composed of individual channel or neon letters or graphics. i. Energy efficient light, such as LED (light-emitting diode) or other current technology shall be used throughout all signage types. j. The height and width of letters and logos shall be properly proportioned to the sign area on which the sign is to be located. Cape Canaveral EOOD Planning Design Group Page 123 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"A" k. Signs shall be scaled to fit within the boundaries of a storefront or building it is advertising. I. The exposed backs of all signs visible to the public shall be suitably finished and maintained. m. Projects or buildings containing more than one storefront shall have a planned coordinated sign program that provides consistency with regard to height, size, shape, colors and degree of illumination. n. The restoration of historic signage as may be prescribed in recognized preservation guidelines and historic documentation is strongly encouraged. o. No later than 90 days following the closing of a business, any related signs shall be removed and replaced with blank panels or painted out. Sec. 110-703. - Awning signs. (1) Develop awning signs that are harmonious with architectural details of the facade and which do not detract from the overall design. a. Signage shall be limited to the skirt (valence) of the awning and shall not be on the awning face. b. If illuminated, awning sign illumination shall be external. Back-lit, translucent signs are prohibited. Lighting shall be directed downward and shall not illuminate the awning. c. To avoid having to replace awnings or paint out previous tenant signs when a new tenant moves in, the use of replaceable valances shall be considered. d. The shape, design, and color of the awnings shall be carefully designed to coordinate with, and not dominate, the architectural style of the building. Where multiple awnings are used, on the building, the design and color of the sign awnings shall be consistent. Sec. 110-704. - Pedestrian signs. (1) Develop coordinated pedestrian signage, which complements the pedestrian orientation of the Al A and Central Boulevard Corridor. a. Each business on the ground floor may have one pedestrian sign, except that corner businesses with frontage on both streets may have two (2) pedestrian signs. b. Each business that is located on a second floor may have a pedestrian sign on the ground level if there is direct exterior pedestrian access to the second floor business space. Sec. 110-705. - Projecting signs. (1) Design projecting signs, which are compatible with the architectural context of the Al A EOOD and which improve the overall appearance of the area. a. Projecting signs shall be hung at a 90-degree angle from the face of the building. b. Appropriate materials include wood, metal, recycled composite material or other non-illuminated material with carved or applied lettering, or any other material that is architecturally compatible with the building to which the sign is attached. c. Sign supports and brackets shall be compatible with the design and scale of the sign and the architectural design of the building. Where appropriate, decorative iron and wood brackets are encouraged. d. The text, copy, or logo face shall not exceed 75 percent of the sign face of a projecting sign. Cape Canaveral EOOD Planning Design Group Page 124 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "A" Sec. 110-706. - Wall signs. (1) Design wall signs to be compatible with the architectural context of the AlA EOOD and which improve the overall appearance of the area. a. Multiple wall signs on a building facade shall be located in order to maintain a physical separation between each individual sign, so it is clear that the sign relates to a particular store below. b. Wall signs shall be mounted on a flat building surface, and, unless a projection is an integral design element, shall generally project as little as possible from the building's face. Wall signs shall not be placed over or otherwise obscure architectural building features, nor shall they extend sideways beyond the building face or above the highest line of the building to which it is attached. c. Wall signs shall be located on the upper portion of the storefront, within or just above the storefront opening. On multiple story buildings, the best location for a wall sign is generally a band or blank area between the first and second floors. d. New wall signs in a shopping center that does not have an approved sign program shall be placed consistent with sign locations on adjacent businesses. e. For new and remodeled shopping centers, a comprehensive sign program for all the signs in the center shall be developed and approved by the Community Appearance Board. Sec. 110-707. - Hanging signs. (1) Design hanging signs to be suspended below a marquee or a canopy to help define entries and identify business names to pedestrians. a. Where overhangs or covered walkways exist, pedestrian-oriented hanging signs are encouraged. b. Hanging signs can be particularly useful for storefronts that have multiple tenants. c. Hanging signs shall be simple in design and not used to compete with any existing signage at the site, such as wall signs. Sec. 110-708. - Window signs. Design window signs to complement the facade of the building and be incorporated into and not detract from the overall design. Secs. 110-709.-110-719. - Reserved. Cape Canaveral EOOD Planning Design Group Page 125 EXHIBIT B I zsl CITY OF CAPE CANAVERAL Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"B" Planned Development Code July 2012 Prepared by: Planning Design Group 930 Woodcock Road, Suite 224 Orlando, FL 32803 (407) 896-0455 www.pdgfla.com Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"B" ARTICLE XI. — PLANNED DEVELOPMENTS DIVISION 1. - GENERALLY DIVISION 2. - PLANNED DEVELOPMENT PLANS DIVISION 1. - GENERALLY Sec. 110-720. - Definitions. Sec. 1 10-721. - Purpose and intent. Sec. 110-722. - Permitted uses. Sec. 1 10-723. - Common open space, drainage systems, and other related common facilities. Sec. 110-724. - Physical review. Sec. 110-725. - Building permit. Sec. 110-726. - Revocation. Sec. 110-727. - Enforcement. Secs. 110-728-110-739. - Reserved. Sec. 110-720. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means the property owner or the property owner's authorized agent seeking to develop land as a planned development pursuant to this article. Common open space means a parcel of land or a combination of land and water within a planned development designed and intended for the use or enjoyment of the patrons or residents of the planned development. Common open space shall be integrated throughout the planned development to provide for a linked recreational/open space system. Concept plan means a generalized plan illustrating the assessment and possible suitable development of a site. Construction means the process, usually requiring the professional services of an architect and/or engineer, of building, altering, repairing, improving or demolishing any structure or building or other improvements of any kind to any real property. Construction schedule means a comprehensive statement demonstrating the type and extent of development to be completed within the various practicable time limits and the order in which development is to be undertaken. A construction schedule shall contain an exact description of the specific buildings, facilities, common open space and other improvements to be developed by the end of each time period. Phase means a specified portion of an approved planned development that may be developed as an independent entity which is delineated in the approved land use and site/construction plans and specified within the construction schedule. Land use plan means the plan approved by the city council pursuant to this article and on file with the city which establishes the planned development zoning designation on the applicant's property. Planned development means an area of land developed as a single entity or in approved phases in conformity with approved land use and site/construction plans by a property owner or a property owner's authorized agent(s), which is comprehensively planned to provide for a variety of land uses and Cape Canaveral Planned Development Code Planning Design Group Page I 1 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "B" common open space. Site means the actual physical area to be developed as a planned development, including the natural and man-made characteristics of the area. Site/construction plan means a detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a planned development. Tract means an area of land delineated within a phase, which is separate unto itself having a specific legal description of its boundaries. A tract delineates all land uses, such as common open space, recreational area, development areas, and all other applicable areas, except single residential dwelling unit lots. Sec. 110-721. - Purpose and intent. (a) The intent and purpose of the planned development zoning district are as follows: (1) To allow for diversification of uses, structures, and open space in a manner that is compatible with existing and permitted land uses on abutting properties. (2) To reduce development and energy costs resulting from a more efficient use of the land design and network of utilities and streets than would be possible through the application of the conventional zoning districts. (3) To ensure that development will occur according to limitations of use, design, density, height, lot coverage, and phasing that is stipulated on an approved land use plan. (4) To preserve the natural amenities and environmental assets of the land by encouraging innovation in design for the preservation and improvement of scenic and functional open areas. (5) To provide the maximum opportunity for the application of innovative architectural design and development concepts in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape, and location. (6) The planned development district is a flexible zoning district which is intended to provide an appropriate balance between the intensity of development and the ability to provide adequate support services and facilities. (7) To streamline the procedure for obtaining approval of proposed developments through simultaneous review by the city of land use, site considerations, public needs and health and safety factors. Sec. 110-722. - Permitted uses. The following uses shall be permitted in a planned development zoning district pursuant to an approved land use plan: (1) Planned commercial centers. Complementary and compatible residential uses, office uses and industrial uses may be included if they are compatibly and harmoniously designed into the commercial center within a planned development zoning district. (2) Planned attraction and destination uses. Complementary and compatible residential uses may be included, provided that their design within the planned development zoning district will produce a reasonable living environment. (3) Planned mixed-use development uses. Complementary and compatible residential uses may be included, provided that their design within the planned development zoning district will produce a reasonable living environment. Cape Canaveral Planned Development Code Planning Design Group Page I 2 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"B" (4) Planned industrial and office parks. Complementary and compatible commercial uses may be included if they are properly integrated into the total industrial or office park within a planned development zoning district. (5) Other uses. Any other private, public or semipublic use that is complementary to, and compatible with planned commercial, attraction and destination, mixed-use, office or industrial developments. Sec. 110-723. - Common open space, drainage systems, and other related common facilities. (a) In all planned developments, all common facilities shall be maintained in perpetuity for their intended purpose as identified in the approved land use plan. One of the following methods or a combination of the following methods shall be utilized for maintaining common facilities: (1) Public dedication to the city subject to formal acceptance by the city in its sole discretion. (2) Establishment of a nonprofit property owners' association comprised of all persons owning property within the planned development subject to the following: (A) The applicant shall establish the association prior to the sale of any parcels or tracts. (B) Membership in the association shall be mandatory for all property owners within the planned development, and the association shall not discriminate in its members or shareholders. (C) The association shall manage all common open space and recreational facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the planned development not publicly or privately owned; and shall secure adequate liability insurance on the property. (D) Title to all common open space shall be an undivided fee simple estate to all property owners. (E) The applicant shall turn over control of the association in an orderly manner consistent with Chapter 71 8, Florida Statutes. (3) Retention of ownership, control and maintenance of common facilities by the applicant. (b) A privately owned common open space shall continue to conform to its intended use and remain as expressed in the approved land use plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the land use plan. The deed restrictions shall run with the land and be for the benefit of property owners and shall contain a prohibition against partition. (c) All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and shall be constructed and fully improved by the applicant at an equivalent or greater rate than the construction of other structures. Sec. 110-724. - Physical review. The city shall have the right to evaluate the physical layout, architectural characteristics and amenities of the planned development and to suggest changes or modifications designed to create compatibility and conformity in the variety of uses within the development to ensure, protect and promote the health, safety and general welfare of the property owners of the planned development and the residents of the city. Sec. 110-725. - Building permit. No building permit for construction within a planned development shall be issued by the city until the Cape Canaveral Planned Development Code Planning Design Group Page 13 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "B" site/construction plan has been approved. Sec. 110-726. - Revocation. Failure of an applicant to submit a site/construction plan for the entire development, or any phase therein, within five (5) years from the date of the city council's approval of a land use plan shall result in the automatic revocation of an approved land use plan. Revocation of a land use plan under this section shall result in the subject property reverting to its previous zoning classification and the official zoning map shall be changed accordingly to reflect such revocation. In the event of revocation, an applicant shall have no further development rights and any subsequent application for a planned development shall be subject to the land use plan approval requirements of this Article. Sec. 110-727. - Enforcement. In addition to any other method of enforcement, the city shall have the power to enforce this article by an appropriate suit in equity. Secs. 110-728-110-739. - Reserved. DIVISION 2. — PLANNED DEVELOPMENT PLANS Sec. 110-740. - Application procedures. Sec. 110-741. - Concept plan. Sec. 110-742. - Land use plan. Sec. 110-743. - Site/construction plan. Secs. 110-744-110-754. - Reserved. Sec. 110-740. — Application procedures. Each application for planned development zoning shall be subject to the submittal and review procedures of this division, which shall include the submittal and approval of a concept plan, land use plan and site/construction plan consistent with the provisions set forth herein. Sec. 110-741. - Concept plan. (a) Concept plan required. Prior to an applicant's formal submittal of a land use plan for planned development zoning, the applicant and their registered engineer, architect and/or site planner shall attend a pre-application conference with the development review committee and such other personnel deemed necessary by the planning official to determine the feasibility and suitability of the application. This step is required so that the applicant may obtain information and guidance from city personnel before entering into any binding commitments or incurring substantial expenses of site plan preparation. (b) Concept plan submittal requirements. The concept plan shall consist of a generalized sketch drawn to scale (the proportion and locations of land uses may be generalized), and which shows or addresses the following: (1) Boundary of the subject property, identified by a heavy line. (2) Major natural features located on the property such as lakes, streams and conservation areas. (3) Existing or proposed streets abutting the subject property and other major streets and intersections within five hundred (500) feet of access points to the subject property. (4) Generalized location map and legal description, including acreage. (5) Proposed land use types and their locations (land use or building bubbles are accepta ble). Cape Canaveral Planned Development Code Planning Design Group Page 14 1 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "B" (6) Gross densities. (7) Approximate number of residential units. (8) Approximate floor area for commercial, office or industrial uses. (9) Adjacent zoning. (10) Anticipated internal major road network. (1 1) Anticipated maximum building height. (1 2) Anticipated phasing schedule. (13) Proposed method of providing: A. Water service (including fire protection) B. Sewage disposal. C. Stormwater management. D. Parks/recreation facilities. E. Schools, if applicable. (c) City review and comment. The development review committee and any other personnel deemed necessary by the planning official shall conduct a preliminary and non-binding review of the concept plan. Comments and statements made by city officials as part of the concept plan review are non-binding unless memorialized in a written agreement approved by the city council. City staff shall not make a formal recommendation regarding the proposed project at this time, unless the application is accompanied by a written development agreement being proposed by city staff for the city council's approval, in which case, city staff shall make a recommendation regarding the application and proposed agreement. This preliminary and non-binding review shall not be relied upon by the applicant as a final decision and shall not be construed in any manner as creating any vested right or entitlement for the development of the subject property. Sec. 110-742. Land use plan. (a) Land use plan application. Applicants shall submit a land use plan application for planned development zoning to the planning official. The application shall include the required number of copies of plans and exhibits as determined by the planning official and shall contain the name of the applicant, site planner, surveyor and/or engineer who prepared the land use plan, topographic data map and the name of the proposed planned development. (b) Exhibits. The following shall be attached as exhibits to the land use plan application: (1) Vicinity map indicating the relationship between the planned development and its surrounding area, including adjacent streets and thoroughfares. (2) Land use plan that shall contain but not be limited to the following information: A. Proposed name or title of project and the name of the engineer, architect, site planner, surveyor and applicant. B. North arrow, scale of one inch to 200 feet or larger, date and legal description of the proposed site. C. Boundaries of tract shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines and all existing streets and physical features in and adjoining the project and the existing zoning. D. Name and location of adjoining developments and subdivisions. E. Proposed parks, school sites or other public or private open space, as applicable. F. Vehicular and pedestrian circulation systems, including off-street parking and loading areas, driveways and access points. Cape Canaveral Planned Development Code Planning Design Group Page 15 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit"B" G. Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of uses and the total number of dwelling units, minimum net living floor area, building height, non- residential gross floor area, non-residential floor area ratio, setbacks, open space, and buffers. H. Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the land use plan. I. Delineation of specific areas designated as a proposed phase. J. General statement, including graphics, indicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes or ponds, anticipated method for accommodating runoff (curb and gutter, swales, other) and treatment methods for discharge into area waterways for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area. K. General location within the site of each land use and the proposed amount of land for each tract. L. Schematic drawing of the elevation and architectural construction of the proposed structures. M. The proposed method of dedication and administration of proposed common open space. (3) Topographic data map drawn to a scale of 200 feet to one inch or larger by a registered surveyor or engineer showing the following: A. The location of existing property lines both for private property and public property, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drainpipes, water mains and any public utility easements. B. Wooded areas, streams, lakes, marshes and any physical conditions affecting the site. C. Existing contours based on U.S. coast and geodetic data with a contour interval of two feet and proposed finished elevations. (c) Development review committee review. Within 14 days of receipt of a complete application, the development review committee shall formally review the proposed land use plan for planned development zoning to determine the feasibility and suitability of the plan, and shall provide written comments and recommendations to the applicant. The applicant shall be given an opportunity to review, respond to and make any changes deemed appropriate to conform to the comments and recommendations of the development review committee. (d) Recommendation to planning and zoning board. Following applicant's resubmittal, if any, the development review committee shall issue a written recommendation to the planning and zoning board to approve, approve with conditions, or to deny the land use plan application. A copy of the recommendation shall be sent to the applicant prior to the planning and zoning board public hearing. The planning official shall schedule the application for a public hearing before the planning and zoning board during its next available regular meeting. (e) Planning and zoning board review. Upon receipt of the development review committee's written recommendation, the planning and zoning board shall conduct a public hearing to review the application and shall issue a written recommendation to the city council to approve, approve Cape Canaveral Planned Development Code Planning Design Group Page 16 i Ord. No. 11-2012 Adopted 07-17-20 12 Exhibit "B" with conditions, or to deny the land use plan application. The planning and zoning board's recommendation shall be based on consideration of the following criteria: (1) Degree of departure of proposed planned development from surrounding areas in terms of character, density, and intensity of use. (2) Compatibility within the planned development and relationship with surrounding neighborhoods and other uses. (3) Prevention of erosion and degrading of surrounding areas. (4) Provision for future public education (if required), recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation, as shown in the land use plan. (5) The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space. (6) The feasibility and compatibility of the specified phases contained in the land use plan to exist as an independent development. (7) The availability and adequacy of water and sewer service to support the proposed planned development. (8) The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned development. (9) The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a planned development zoning district. (10) The conformity and compatibility of the planned development with any adopted development plan of the city. (11) The conformity and compatibility of the proposed common open space and land uses within the proposed planned development. (f) City council review. Upon receiving the recommendation of the planning and zoning board, the city council shall, at a regularly scheduled public hearing, review the application and the recommendation of the planning and zoning board and shall either approve, approve with conditions, or deny the land use plan application. Approval of the land use plan application indicates approval of the planned development zoning designation on the subject property. The city council's decision shall be based on consideration of the criteria set forth in subsection (e) herein. (g) Recordation of land use plan and planned development zoning designation. Upon the city council's approval of any land use plan pursuant to this section, the city's official zoning map shall be revised to reflect a planned development zoning designation on the subject property. Any such approval shall become a binding condition on the use of the land encompassed by the land use plan under the applicable planned development zoning district regulations. A copy of the land use plan and required exhibits shall be maintained on file with the city clerk as a permanent record. Sec. 110-743. - Site/construction plan. (a) Time limits. An applicant shall have five (5) years from the date of the city council's approval of any land use plan for planned development zoning in which to file a site/construction plan application for the entire property or any phase thereof. At the request of the applicant and for good cause shown, the city council may extend the period required for filing the application for a time certain. Any such request shall be submitted to the planning official in writing prior to the expiration of the five (5) years. Cape Canaveral Planned Development Code Planning Design Group Page 17 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "B" (b) Application and review procedure. (1) Generally. Site/construction plan applications submitted pursuant to this article shall be subject to the general site plan submittal and review procedures set forth in Article VI of this Chapter. The requirements and procedures set forth in this section shall be supplemental and in addition to the provisions of Article VI. (2) Pre-application conference. Prior to the commencement of formal site/construction plan review pursuant to this section and Article VI of this Chapter, the applicant shall meet with the development review committee to discuss the basic site/construction plan requirements outlined in this division. (3) Submittal. The site/construction plan application shall be submitted to the planning official and shall be accompanied by the following: a. Site/construction plan reflecting and including the information set forth in section 110-222 of this Code. b. A legal description of the planned development boundaries. c. A construction schedule, which shall contain the following information: A. The order of construction of the tracts as delineated in the phases of the land use plan. B. The proposed schedule for the construction and improvement of common open space with the phase, including any complementary structures. d. Deed restriction proposals, consistent with the requirements of this article, to preserve the character of the common open space. The deed restrictions shall include a prohibition against partition by any property owner. e. If the applicant elects to use a nonprofit association to administer common open space, the proposed bylaws of the association or the certificate of incorporation and the corporate bylaws of the nonprofit corporation shall be submitted for approval by the city. f. Instruments dedicating all rights-of-way, easements and other public lands shown on the site/construction plan from all persons having any interest in the land. g. A bill of sale, conveying to the applicable authority water and sewer utility lines, mains, lift stations and other personal property required to be installed by this division. h. Instruments demonstrating that all necessary off-site easements or dedications have been acquired. In lieu of originals, certified true copies will be accepted with the recording information from the public records of the county included thereon. i. A title opinion from an attorney showing the status of the title to the site encompassed by the site/construction plan and all liens, encumbrances and defects, if any. (4) Review. Upon submission of a complete site/construction plan application consistent with the requirements of this section and Article VI of this Chapter, the application shall be processed and reviewed consistent with the procedures of section 110-223 of this Code. (c) Approval in phases. An applicant may request approval for the entire planned development or any phase therein designated in the approved land use plan. (d) Recordation of site/construction plan. Any site/construction plan approved pursuant to this section, and any accompanying exhibits thereto, shall be maintained on file with the city clerk as a permanent record. (e) Amendments; sale or transfer of tracts. An applicant may amend a previously-approved site/construction plan or offer tracts for sale or transfer as follows: Cape Canaveral Planned Development Code Planning Design Group Page 18 Ord. No. 11-2012 Adopted 07-17-2012 Exhibit "B" a. Upon the issuance of a building permit based on an approved site/construction plan, the planned development shall be built substantially in accordance with the site/construction plan and the associated specifications. If, after such approval, the applicant or successors desire to modify the site/construction plan, such proposed modifications shall first be submitted to the planning official. If the planning official deems the modifications to the approved site/construction plan to substantially deviate from the approved plan, the application for modification shall be subject to the review procedures of this section and Article VI of this Chapter. b. Upon approval of the site/construction plan, the applicant may sell or transfer any separately identified parcel or tract of land within the boundaries of the site/construction plan not designated as common open space or areas specified for the use of all owners within the planned development. Secs. 110-744-110-754. - Reserved. Cape Canaveral Planned Development Code Planning Design Group Page I 9