HomeMy WebLinkAboutPacket 06-19-2007 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
ty of Cape Canaveral
IL REGULAR MEETING
' HALL ANNEX
:, Cape Canaveral, Florida
TUESDAY
me 19, 2007
7:00 PM
AGENDA
City Council Regular Meeting Minutes of June 5, 2007.
2. Motion to Approve: Change Order to the North Central Ditch Stormwater
Improvement Project.
3. Motion to Approve: Comprehensive Plan — Evaluation and Appraisal Report
— Letter of Understanding.
4. Motion to Approve: Designation of a Voting Delegate for the Florida League
of Cities Annual Conference.
5. Motion to Approve: Local Option Gas Tax —Amendment to the Interlocal
Agreement with Brevard County.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral, Florida
City Council Regular Meeting
June 19, 2007
Page 2
ORDINANCES: Second Public Hearing:
6. Motion to Adopt: Ordinance No. 04-2007; Amending Chapter 110, Clarifying
the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Defining the
Terms 'Resort Dwelling' and 'Resort Condominium."
DISCUSSION:
7. Florida Cities of Excellence Awards — Nominations.
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience To Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 5, 2007
7:00 PM
MINUTES
CALL TO ORDER: In the absence of the Chair, Mayor Pro Tem Hoog called the meeting
to order at 7:00 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
City Clerk
Building Official
Acting Public Works Director
CONSENT AGENDA:
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Bennett Boucher
Anthony Garganese
Susan Stills
Todd Morley
Walter Bandish
City Council Regular Meeting Minutes of April 3, 2007.
2. City Council Regular Meeting Minutes of May 1, 2007.
3. City Council Regular Meeting Minutes of May 15, 2007.
4. Proclamation for National Management Week. Rev.
Mayor Randels stated that the Conflict of Interest Form completed by Mayor Pro Tem
Hoog would be included with the May 15th meeting minutes.
Mayor Randels asked if any member of Council, staff or interested parties desired to
remove any of the Consent Agenda items for discussion.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 2 of 13
No request was made to remove any of the items for discussion.
Ms. Roberts asked if the City planned to do anything to honor its City management staff.
Mayor Randels replied that none of City management staff were members of the Florida
Space Coast Council National Management Association. Ms. Roberts stated that the
purpose of the week was to generically honor those in management similar to her question
at a previous meeting related to honoring City staff during Public Works Week. She asked
if as a Council they could be thanked publicly as a part of this forum. Mr. Boucher stated
that he would share her sentiments with staff during the morning meeting.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog,
Mayor Randels, For and Ms. Roberts, For.
CONSIDERATIONS:
For; Mr. Nicholas, For; Mr. Petsos, For;
5. Motion to Approve: Proposal for Sanitary Sewer Force Main Construction
Support in the Amount of $21,614.
Walter Bandish, Assistant Public Works Director, explained that this was project
management related to a critical line and an on-site engineer was needed to oversee the
project. Mayor Randels explained that the firm would also produce the as -built drawings
and submit a Certification of Construction. Ms. Roberts questioned Task 5 related to
negotiation of change orders. Mr. Bandish replied that this would assist in adherence to
the budget. Mayor Randels called Mr. Davies to the podium.
Mr. Steve Davies, General Contractor and Project Engineer, of Brown and Caldwell,
explained that the concept of the change order was to reduce the price. Mr. Davies
explained how some things might not be required; however, they would proceed with
anticipated caution. Mr. Davies stated that in crossing State Road A1A they might want to
directional drill versus jack and boor. Mr. Davies informed that Expertech developed
several ways to make the job more effective. Mr. Petsos questioned the number of
monthly meetings related to separate tasks. Mr. Davies stated that $11,800 was calculated
for meetings. However, he said that a fewer number of meetings would decrease costs.
Mr. Davies stated that his goal was to find enough funding to pay the engineer. Mayor
Randels pointed out that there was funding for one Change Order. Mr. Davies responded
that one Change Order meeting was planned with Expertech. Mayor Pro Tem Hoog
replied that the price was fair and if he could save the engineering fees that would be
beneficial. Mr. Davies explained how they developed a bare bones concept. Mayor Pro
Tem Hoog expressed the possibility of an obstruction. Mayor Randels questioned Ms.
June Smith as the monitoring manager. Mr. Davies informed that Ms. Smith's had
returned to work part-time. Mr. Davies informed that he is a Project Manager and logically
he served in the interim and Ms. Debra [Ingersoll] Cole would sign and seal the documents
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 3 of 13
for the State. Mr. Davies responded to Ms. Roberts that he resides in Orlando; however,
he would be on-site during the project. Mr. Davies also informed that the project would
begin within 45 -days from the signed contracts and receipt of the shop drawings related to
purchasing materials.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to
Approve the Proposal for Sanitary Sewer Force Main Construction Support in the
Amount of $21,614. The vote on the motion carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For
and Ms. Roberts, For.
6. Motion to Approve: Request for State and Federal Transportation Project
Funding. Rev.
Mayor Randels reviewed the previous year's projects: 1) Reconfigure alignment of
intersection of State Road Al A, International Drive and N. Atlantic Avenue (Old State
Road 401); 2) Construct a pedestrian overpass at State Road Al and Columbia Drive;
3) Install a traffic signal with pedestrian features at State Road AIA and Columbia Drive;
4) Install an overhead boom/ mast arm signals at (4) locations at State Road A1A; 5)
Street lighting plan and implementation at State Road AIA; 6) Synchronize traffic lights on
State Road AIA; and 7) Design and construct an urban roadway profile for State Road
A1A.
Mr. Boucher informed that only Item No.1 made the list. Mayor Randels noted that today's
tragic accident was an indication that action was needed. Mr. Boucher reported that the
Florida Department of Transportation had not implemented any of the items on the project
funding list to date since 1999. Ms. Roberts questioned the Columbia Avenue overpass
as well as pedestrian traffic signals that appeared to be conflicting. Mayor Randels
clarified that those projects were listed for either one but not both. She also questioned
the street lighting plan and implementation. Mr. Boucher replied that this was part of the
1999 plan. Ms. Roberts mentioned to include these projects in the City's strategic
planning session.
Mr. Boucher stated that all of the justification and community input was done as well as the
associated funding costs and the awaited decision was from the Florida Department of
Transportation. Ms. Roberts mentioned that the project was eight years old and
discussion reflective of the newer members in the community might be warranted. Mr.
Boucher informed that Mr. Mayors now serves on the Brevard Metropolitan Planning
Organization and he could argue the points in favor of priority. Mr. Petsos stated that Item
Number 7, to design and construct curbing for State Road AIA, had a major impact to the
City. Mayor Randels clarified Mr. Nicholas' request to re -prioritize Item Number 7 up to
Second place and reorder Items Numbers 3 through 6 accordingly. Ms. Roberts
suggested revisiting this discussion during the year as an Action Item in anticipation of the
coming year.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 4 of 13
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Re -Prioritize
the Request for State and Federal Transportation Project Funding Moving Item No. 7
to the Second Place and Reordering Items 3 through 6. The vote on the motion
carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For;
Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Submit the
Request for State and Federal Transportation Project Funding. The vote on the
motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
ORDINANCES: First Public Hearing:
7. Motion to Approve: Ordinance No. 04-2007, Amending Chapter 110, Clarifying
the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Defining the
Terns "Resort Dwelling" and "Resort Condominium," for Second Reading.
Mayor Randels summarized that the proposed Ordinance would prohibit Resort Dwellings
and Resort Condominiums within the R-1, R-2, and R-3 Residential Zoning Districts and
Provide a Permitted Use in the Commercial Zoning District. The proposed Ordinance
establishes non -conforming use status for expiration.
Mayor Randels explained that discussion elevated from a parking, garbage issue to a life/
safety issue. Mayor Randels commended the Planning and Zoning Board for their efforts.
Mayor Randels asked the audience to refrain from extraneous comment in order to allow
the Council ample discussion time on the issue. Mayor Randels review the six items
attached to the City Manager's report as: 1) Proposed Ordinance #04-2007; Planning &
Zoning Board recommendation letter; Building Official's 05/29/07 memo for changing
occupancy classification; City Manager's analysis of 01/05/07; Building Official's 03/21/07
memo on occupancy classification; and the City Planner's consistency review memo of
05/16/07. The Ordinance was properly noticed as a First Public Hearing.
Attorney Garganese stated that it might be beneficial to address the resulting flow chart
from the Planning and Zoning Board meeting that he used to draft the Ordinance. He
explained that there were stringent Building and Fire Code requirements that would apply
to Resort Dwellings and Resort Condominiums. He referenced the flowchart that showed
how in, "not allowing resort dwellings, then no enforcement was required. However, if the
Council decided to change the Code, then the concept would allow "Resort Dwellings" and
"Resort Condominiums" as an authorized use, they would need to be defined in the City
Code, and they would be allowed as an existing use in some zoning district. According to
the flowchart, the Planning and Zoning Board recommended to allow these uses in the C-1
zoning district provided a residential special exception was granted. As a result, these
were subject to Building and Fire Code Inspections, State licensure of the units before they
were allowed to operate as well as an appropriate Certificate of Occupancy.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 5 of 13
Attorney Garganese related that the Building Official testified that there were different
Certificates of Occupancy requirements for Resort Dwellings and Resort Condominiums.
Attorney Garganese concluded that the existing Resort Dwellings would be grandfathered
under certain circumstances. Individuals would have to register their intent to have a
Resort Dwelling or Resort Condominium with the City Manager. Within 30 days of
registering their intent, they would need to submit a life/ safety plan with the Building
Official which would basically explain what they intend to do to bring the unit into
compliance with building and fire codes. Within 90 days thereafter they would need to file
the actual plans and specifications to do the work required to bring them into compliance
with building and fire codes. All of this would need to done within one year with extensions
of time granted with good cause shown to the building official and fire chief. Finally, these
resort dwellings and resort condominiums would not be allowed in any other zoning
district.
Attorney Garganese reviewed the Ordinance and referred to Pages 3 and 4 for the
statutory definitions of Resort Dwellings and Resort Condominiums. Attorney Garganese
referred to Subparagraph (15) of the proposed Ordinance which read, "Resort dwellings or
resort condominiums duly licensed by the State, provided a special exception for a
residential dwelling has been granted for the subject property. " Attorney Garganese then
referred to Subparagraph (1) Section 110-485(a), Non -conforming Use Status that
requires that the owner file a Notice of Intent with the City Manager. Mr. Petsos asked if
the language related to existing dwelling units. Attorney Garganese replied any dwelling
units.
Attorney Garganese proceeded to Subparagraph (2) and clarified that if the owner failed to
obtain the licensure and Certificate of Occupancy, then they were barred to obtaining that
type of use. Attorney Garganese reviewed Subparagraph (4) that outlines the owner's
responsibility to comply subject to the Building Official and the Fire Chief. Attorney
Garganese referred to Page 8 and outlined how one could lose non -conforming status.
Lastly, Subparagraph (d) emphasized that resort dwellings and resort condominiums must
meet the City's zoning and Certificate of Occupancy requirements and the City could seek
injunctive relief for non-compliance. On a final note, Section 110-486 reads that, "It shall
be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days.
Mayor Randels reviewed the content of the Planning and Zoning recommendation letter
stating that the Board did not desire to see resort dwellings in the R-1, R-2, and R-3 but in
the C-1 zoning district. Mayor Randels also noted that anyone who has been or desired
this use has a 30 day window from the approval of this Ordinance. Mayor Randels
reviewed the studies performed by the City Planner seeking to find if resort dwellings and
resort condominiums were consistent. Todd Peetz submitted a report determining that the
businesses were not favorable in the R-1, R-2, R-3 zoning districts along the ocean or the
river. Ms. Roberts thanked the City Attorney, and Dave Sargeant, Fire Chief, and Todd
Morley, Building Office for their input during the discussion.
Mayor Randels read Ordinance No. 042007 by title.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 6 of 13
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT
OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM
"RESORT DWELLING"; DEFINING THE TERM "RESORT CONDOMINIUM";
PROVIDING FOR THE LOCATION AND REGULATION OF RESORT DWELLINGS AND
CONDOMINIUMS UNDER CONDITIONS STATED HEREIN; AMENDING THE
SUPPLEMENTAL ZONING DISTRICT REGULATIONS TO RESTATE THAT ANY
RENTAL OF A DWELLING UNIT SHALL BE FOR A MINIMUM OF SEVEN (7) DAYS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
Mr. Nicholas questioned the "no" side of the flow chart and said that a no would still allow
for 7 -day rentals. He concluded that whether or not the Code was changed, the City
would still allow for a minimum of 7 -day rentals. Attorney Garganese affirmed. Mr.
Nicholas stated that the 7 -days rentals concerned him. Attorney Garganese stated that it
was a carry forward. Mr. Nicholas stated discussion appeared to ultimately return to the
same position; a permitted minimum 7 -day rental of only three times per year. Attorney
Garganese affirmed and stated that doing so would not incur the licensing or Certificate of
Occupancy requirement. Ms. Roberts questioned the terminology related to resort
dwellings and asked if that was an all encompassing dwelling unit. Ms. Roberts
questioned if each unit owner would need to be licensed? Mr. Boucher confirmed that one
manager could handle all of the licensing.
Mr. Boucher replied that one resort condominium dwelling was under State enforcement
proceedings. Mayor Pro Tem Hoog questioned how one agent could represent more than
one condominium. Mr. Boucher affirmed that that was permissible if that individual were
properly licensed by the State. Ms. Roberts expressed concern that the license given to
the larger community could result with a possible loss of a licensing provision. Mr.
Boucher explained how the requirement would apply to a unit owner versus the entire
condominium. Ms. Roberts referred to Page 8, under Subparagraph (3) and asked if the
provision was referring to normal citizen complaints. Mr. Boucher stated the provision was
addressing life/ safety type issues. Ms. Roberts expressed a concern from the previous
Planning and Zoning Board discussion and asked if one year were long enough to obtain
the licensing and the required provision in light of extension with good cause. Mr. Boucher
stated that he would defer to the Fire Chief and the Building Official.
Fire Chief Dave Sargeant replied that the first issue was the number of people that
registered with the City Manager and from that point inspections would follow. Chief
Sargeant stated that if plans were submitted within 90 days and a permit was issued, then
the application would have to meet the requirements. Ms. Roberts stated that one of the
residents of the community brought up the question of transient dwellings and how the
ordinance would address transient apartments, rooming houses, and bed and breakfasts.
Attorney Garganese replied that the Council would address the transient use called hotel
and motel that was in the Code. He stated that the Ordinance did not specify other
transient uses that were licensed by the State. However, the Council had a blanket
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 7 of 13
protection with the use of its minimum of 7 -day rental provision. At this time, discussion or
other transient dwellings could occur at another date. Ms. Roberts stated that some of the
residents would express the concern that the Council was addressing the issue in a piece-
meal and not a whole fashion.
Todd Morley, Building Official, reminded the Council that the Florida Building Code
addresses those instances which Ms. Roberts listed under the R-1 occupancy
classification use and would still require that the life/ safety issue be met; however,
whether it was a permitted zoning use was another issue. Attorney Garganese pointed
out that he did not believe that the Code allowed transient apartment complexes. Mr.
Boucher informed that under the State Statute for transient apartments, 25 percent could
be rented for short-term as long as 75 percent of the complex was long term rentals.
Ms. Roberts said that the State Statute did not address percentages of transient dwellings.
Ms. Roberts recommended the inclusion of transient apartments, rooming houses, and
bed and breakfasts. Attorney Garganese reminded that the Ordinance was advertised
related to Resort Dwellings and Resort Condominiums. Attorney Garganese stated that in
his opinion, adding another category of use would require the Council to begin a new
discussion. He stated that this would, however, delay the process. Mr. Nicholas agreed
with the City Attorney and stated that this would require yet another advertisement and
therefore would waste the time and money on this particular issue. Ms. Roberts
recommended strongly that the Council move to add this to the other definitions. Mr.
Petsos agreed with Ms. Roberts on the need to proceed and give clear direction to the
Building and Fire Departments.
Mr. Petsos expressed that the Ordinance was adding a window of time to allow for
additional properties for resort dwellings in residential zoning when these were not in the
right zoning. He expressed this as an error upon an error. Mr. Petsos also expressed an
amortization of the four or less units. Mr. Petsos stated that once the Fire and Building
Inspectors write up their findings, are the existing units allowed to operate while they come
into compliance. Chief Sargeant stated that permission to operate depended on the life/
safety plan presented to the Fire Chief and the Building Official. He stated that when the
residence becomes a transient rental, then there must be a life/ safety requirement.
Chief Sargeant related why Cape Winds was in compliance at this time; however, would
not be if they did not present an acceptable life/ safety plan. Mr. Morley added that if they
did not have the requisite Certificate of Occupancy, they were operating illegally and would
not be allowed. Attorney Garganese stated that he agreed with the Building Official on
having a Certificate of Occupancy and to have the State licensure to operate. Attorney
Garganese stated that the City should not condone that at all. Attorney Garganese replied
to Ms. Roberts that the Building Official has cease and desist powers under the Florida
Building Code that would not permit any additional short-term leasing and the City had the
ability to seek an injunction for non-compliance.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 8 of 13
Ms. Roberts questioned if this would require significant resource burden on the Fire
Department. Chief Sargeant affirmed that it would be significant based on the number of
units. He also informed of an imminent new fee schedule. Ms. Roberts asked a second
question, if it was clear to the community that homestead status would be lost. Attorney
Garganese affirmed that the community would be informed. Ms. Roberts also asked Mr.
John Grandlich that the time share owner owned for the week or was the rental an
exchange. Ms. Roberts asked for clarification of the time share ownership. Mr. John
Grandlich, of the Ron John Cape Caribe Resort, explained how since there were 52
weeks in a year a unit could have 52 individual owners.
Mr. Grandlich explained that the owners had the option to occupy the unit, or exchange
the unit, or rent the unit and a management agent would rent the unit through the
Association. He stated that typically 20 to 30 percent of the owners might rent their units;
however, typically the amenities were conducive of ownership. Attorney Garganese asked
what percentage of the units was rented out more than three times in a given year. Mr.
Grandlich replied that there were 52 owners and if they did not use their unit, they would
attempt to rent the unit. The effort was to find some use for that unit.
Attorney Garganese asked how many people were licensed by the State. Mr. Grandlich
responded that the Association applied for the license and then the managing agent would
have a Broker's license or be licensed by the State. Mr. Grandlich responded that the
Resort Condominium fell under Section 721 of the Time Share Act. Mr. Nicholas asked if
there were more than three violations, does the entire organization lose its licensure. Mr.
Grandlich questioned if the City had now included a previously approved Site Plan in its
revised Ordinance. He asked if that was the Council's intent. He stated that there were
three additional buildings to be constructed in the City's R-3 zoning. Mr. Grandlich stated
that the resort however was up to code.
Attorney Garganese explained how the Site Plan was a vested Site Plan. The intent was
established. Mayor Randels also clarified that the Site Plan was vested. Mr. Nicholas re-
stated that if they were under blanket licensure and there were more than three violations
what would occur. Mr. Lamar Russell stated that the unwritten idea in the Ordinance
reads that a person has 30 days to register, 30 more days to submit a plan and 360 days
to come into compliance and after that, the time expired.
Attorney Garganese explained that the intent was to address existing units; however,
Cape Caribe was an anomaly with a very limited issue of a vested plan. Mr. Grandlich
explained that the Association was licensed under Florida Statutes Section 721 of the
Time Share Code that describes the plans and accommodations for that unit. If you are
the owner for that one week, you ask the Association to handle the rental. Mr. Boucher
explained that if there were violations related to one unit, then that one unit might fall out of
the rental cycle under the City's regulations. Mr. Grandlich stated that he believed the
Association was licensed. Mr. Grandlich explained that Mr. Boucher was looking at one
unit, but 52 owners. He stated that he would need to review State Statute 509. Chief
Sargeant stated that whether they were willfully negligent makes the difference. Mr.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 9 of 13
Grandlich replied that the City was giving Notice and the managing agent was responsible
for the unit. Mr. Nicholas requested more research on this subject. Attorney Garganese
clarified that the violation of more than three times in three years was the threshold.
Ms. Roberts raised the category of exchange practice. Mr. Nicholas replied that the
practice could vary based on 52 weeks and the change of ownership. Mayor Pro Tem
Hoog asked about Resort Condominiums in the C-1 zones. Attorney Garganese
reminded that residential Special Exceptions were no longer allowed in the C-1 zoning
district based on an Ordinance that the Council previously passed. He clarified that if the
residential zoning special exception had been granted or a new Special Exception for
residential for C-1 was only allowed on North Atlantic Avenue. Ms. Roberts replied that
she hoped not to see a proliferation of them on North Atlantic Avenue either. Ms. Roberts
requested to address the transient apartments, rooming houses, and bed and breakfasts.
Mr. Boucher summarized that this would be a separate Ordinance. Mr. Boucher also
pointed out that the owner was required to obtain a Certificate of Non -Conformity status
under this Code section. Mr. Boucher solicited Council's input related to the Building
Official and City Attorneys opinion stated that to operate without compliance was in
violation of the Code.
Ms. Roberts stated that there were still three opportunities with the provision of the
Ordinance allowed for short term rental allowable. She expressed that the City would
want them to cease and desist on the short-term rentals except for the three times per
year. Mr. Petsos stated that anything more than the time was a life/ safety issue. Ms.
Roberts pointed out that a person was not put out of business they would still be able to
operate. Attorney Garganese clarified that once someone triggered the threshold as a
resort dwelling or resort condominium then they would come under the life/ safety code.
Attorney Garganese clarified further that they could rent their unit for 30 -day periods for up
to three times per year.
Mr. Morley stated that that was a Florida Building Code Occupancy Classification for R-2,
R-3 of more than 30 days. Mayor Randels questioned if occupancy could occur
sporadically. Mr. Morley clarified that as soon as they operate under the more hazardous
use then they fall under the requirements of the more hazardous use. Mr. Harry Pearson,
Planning and Zoning Board Member, explained how two things trigger the operation as a
short term rental: 1) less than a thirty (30) day rental, and 2) if the unit was advertised as
such. Ms. Roberts asked if advertising was a distinction. Attorney Garganese clarified
that if the unit was advertised as a place of rental for a period of less than 30 days then.
Mr. Morley clarified for the record that when it comes to grandfathering the extension for
good cause shown, it only applies to the 365 day mark.
Ms. Leah Selig questioned if someone had a single-family residence that met the criteria to
be grandfathered in and they comply with all of the standards and regulations, is that
grandfathering as long as it continues to meet transfer of ownership. Mr. Nicholas pointed
out that this was relative to Mr. Petsos's question related to amortization. Mr. Petsos
stated that he was awaiting a motion to make an amendment to the motion. Attorney
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 10 of 13
Garganese clarified for Ms. Roberts that he recommended to remove the provision of
transferability from the Ordinance. He expressed that there was sufficient legal authority
to declare that type of provision unlawful and he recommended removing the provision.
Ms. Roberts pointed out that a new property owner would be required to be duly licensed.
Attorney Garganese replied to Ms. Roberts that one way to address it was that the new
owner would need to be duly licensed. As a buyer, one would need to be duly licensed at
the time of property transfer. Ms. Roberts expressed that she did not desire to see the
owner convey the property with a non -transferable right. Mr. Boucher stated that the
Certificate of Non -Conforming Status would spell out how an application could be lost. Ms.
Roberts mentioned that if a condominium had an association management change then to
make sure that the license continues. Attorney Garganese concluded that if the property
owner sells then the new buyer they must be licensed by the State.
Mr. Petsos referred to the City Attorney's recommendation to remove the provision related
to transferability. He questioned if amortization would be a defensible clause. Attorney
Garganese affirmed. Mr. Petsos clarified that he was seeking a 20 -year amortization
schedule after which the non -conforming use status would no longer be a permitted use.
Mayor Pro Tem Hoog questioned why "resort condominiums" were being removed from
the amended motion. Mr. Petsos replied that four or less did not for the most part have
property management. Ms. Roberts expressed her concern with some of the approved
establishments. Mr. Grandlich stated that what the Council was discussing would
significantly impact time shares. Mayor Pro Tem Hoog stated that this would not apply the
Ordinance fairly. Ms. Roberts stated that over the time of the Ordinance, the resort
dwellings would transition out. Mr. Petsos stated that he was looking out for the benefit of
the citizens. He expressed that there were too many areas in the City where residents
tolerate constant noise already.
Ms. Robert suggested bringing up Mr. Petsos's point on amortization at the same time as
the other previously mentioned points aside from the main motions. Attorney Garganese
clarified that he did not believe that the Council would be legally prohibited from imposing
an amortization provision at a later time as long as the Council met the requirements for
amortization provisions. Ms. Roberts stated that if the Council could make progress at this
meeting, then the amortization period could be added later.
Mr. Nicholas stated that if the City imposed the amortization schedule, that would allow
more time for more applicants for resort dwellings to come in. Mayor Pro Tem Hoog
stated that personally he was ready to support the Ordinance as is written; however, the
changes would need to apply fairly to all. Mayor Pro Tem Hoog stated that he did not
desire to take away a right and he would not support the ordinance due to the amendment.
Mayor Randels expressed that he shared the concerns with someone who purchased a
single-family residence and one who purchased a condominium. Ms. Roberts stated that
the nuisance ordinance could provide for more stringent regulation and be tied back to this
ordinance as a short-term rental issue. Mr. Petsos clarified that they would still have the
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 11 of 13
home with the right to rent for 30 days or more. Ms. Roberts expressed that the chronic
nuisance Ordinance would allow for more regulation and would point out the potential losE
of license. Mr. Petsos offered to withdraw his amendment. Mr. Attorney Garganese
stated that under Robert's Rules of Order, the Council would need unanimous consent on
the amendment to the main motion.
An amendment to the main motion was made by Mr. Petsos and seconded by Mr.
Nicholas for a proposed 20 -year amortization schedule in the Ordinance related to
the non -conforming use status for resort dwellings which would cease to exist after
that time. The vote on the motion failed 3-2 with voting as follows: Mayor Pro Tem
Hoog, Against; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For and Ms.
Roberts, Against.
Mr. Nicholas expressed that the minimum 7 -day rentals should not be allowed in the R-1
zones. He recommended an amendment to change the 7 days requirement to 30 days in
Section 110-486. Mr. Randels clarified that this would apply to all including the C-1 zoning
district and he concluded that such an action would eliminate the hotels. Mr. Nicholas
expressed that his main concern was in the R-1 zoning district. Mayor Randels pointed
out that a provision on the 7 -day rental would require re -advertisement. Attorney
Garganese affirmed and stated that a change to the 7 -day rental provision would require
re -advertisement and this could be included in the discussion on the transient apartments,
rooming houses, and bed and breakfasts.
A motion was made by Mr. Nicholas to prohibit 7 -day rentals in the R-1 zone.
The motion failed for lack of a second.
Mr. Van Townsend questioned if the Ordinance would apply to any new time shares in the
City and the Port 30 -days after the Council's decision. Mayor Randels clarified that the
City did not control the Port and he clarified that the Cape Caribe Resort has a vested site
plan. Mr. Townsend stated that no new time shares would be available to move into the
area. Attomey Garganese stated that the Ordinance would prohibit new time shares in the
R-1, R-2, and R-3 zoning districts; however, new time shares would be allowed in the C-1
zoning district. Mr. Townsend pointed that no more resort dwellings would operate within
six to seven years and would therefore be eliminated. Mayor Randels concluded that that
was in effect the intent of the Ordinance to eliminate resort dwellings in the residential
zoning districts.
Discussion concluded that time shares would be allowed in C-1 zoning after the ordinance
was adopted. Mayor Randels then informed that a referendum was passed to prohibit
businesses on the ocean or the river. Mr. Townsend stated that he did not see any
distinction between a time share and a resort dwelling. Mayor Randels replied that there
was a distinction. Mayor Randels stated that a time-share was a type of ownership. Mr.
Townsend stated that it was a type of ownership in which 52 people owned a unit and then
rented the unit out for 7 -days or less every year. Mr. Townsend commented in conclusion
that in his experience, the vacationer did not cause any trouble but the long-term renter,
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 12 of 13
and he said that the nuisance ordinance should apply to all rentals. Mayor Randels
informed that the City was working on a chronic nuisance ordinance. Mr. Townsend
stated -that with the State license for resort dwellings, if one does not comply, the license
was revoked for one year; however he questioned if in the City this was irrevocable.
Mayor Randels concurred that there were three attempts to correct violations and upon the
forth violation the license was taken away.
A motion was made by Mayor Randels and seconded by Mr. Nicholas to Approve
Ordinance No. 04-2007, Amending Chapter 110, Clarifying the Intent of the R-1, R-2,
and R-3 Residential Zoning Districts, Defining the Terms "Resort Dwelling" and
"Resort Condominium " at First Public Hearing. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos,
For; Mayor Randels, For and Ms. Roberts, For.
1. City Manager
• Mr. Boucher informed of the closing on the Kabboord and Marder property on
Friday, June 8th.
• Mr. Boucher reported that there would be a Resolution to the Florida League of
Cities to make the City eligible to recoup some of the funding related to the
purchase.
• Mr. Boucher informed that he received a letter from an attorney representing
one of the residents in the Holman Road area and he asked if the Council chose
to ask the homeowners to come to the next meeting. Mr. Petsos suggested a
spokesman. Mr. Boucher concluded that staff would notify the residents prior to the
July meeting.
• Mr. Boucher thanked the Fire Chief, the Building Official and the Planning and
Zoning Board for their assistance with the Resort Dwelling/ Resort Condominium
ordinance.
2. Staff
Building Official
No report.
City Clerk
• Ms. Stills reminded the Council to complete their Financial Disclosure Forms due
on July 1st.
City Attorney
• Attorney Garganese referred to his legal opinion regarding the upcoming hearing
before the Board of Adjustment related to public's right to speak at the Coastal
Fuels Hearing. His view was that they have a limited statutory right because of the
City of Cape Canaveral, Florida
City Council Regular Meeting
June 5, 2007
Page 13 of 13
relevancy of what could be presented by the public. He informed that as he
anticipated because of that Opinion there would be a Declaratory Relief/ Injunctive
Relief Action filed against the City in the next few days related to not accepting
public input at the Board of Adjustment meeting on June 14th. Attorney Garganese
stated that once the suit was filed and staff reviewed it, they would need to
determine if it was in the Citys best interest to proceed with that Hearing on June
14th. Staff did not choose to make that call until they have an opportunity to review
the suit. He stated that the City was put on Notice by letter before he wrote his
Opinion in that the public did not have the right to participate because of due
process concerns and they would seek Declaratory Relief if it was the City's
position that they had a right to speak. Attorney Garganese stated that in his
Opinion the public had a limited right to speak. His Opinion hinged on whether a
Court would determine that the Administrative Appeal was a quasi-judicial action.
Because if the Court determined that it was not quasi-judicial, then that Statute
would not apply. If the Statute applied, he stated that there were more issues than
whether or not the public has a right to speak because there were provisions in the
Statute that he believed were unconstitutional because they violate due process.
He noted that in footnote one of his Legal Opinion. Attorney Garganese concluded
that he had serious resignations about an applicant not having the right to cross-
examine people who want to testify against them in a quasi-judicial hearing. In his
opinion, that was not right. The Statute does not allow cross-examine of members
of the public that come to speak in a quasi-judicial hearing. Attorney Garganese
concluded that the Legislature thought that they could Statutorily take that right
away. Attorney Garganese informed that both Attorney Torpy and the Building
Official's Attorney, Karl Bohne, were aware of these issues.
AUDIENCE TO BE HEARD:
There were no comments from the audience.
3. City Council
There were no reports from the Council at this time.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:12 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
Meeting Type: Regular
Meeting Date: 0619-07
AGENDA
Heading
Consideration
Item
2
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: CHANGE ORDER - NORTH CENTRAL DITCH
STORMWATER IMPROVEMENT PROJECT
DEPT/DIVISION: PUBLIC WORKS/STORMWATER
Requested Action:
City Council consider the proposed engineering design change order from Stottler, Stagg & Associates, for
the North Central Ditch Stormwater Improvement Project in the amount of $9,040 as recommended by the
stormwater administrator.
Summary Explanation & Background:
Funds are available; see attached memo.
Please advise.
Exhibits Attached:
Stormwater Administrator's memo dated 6/14/07
City Mana Office
Department PUBLIC WORKS/STORMWATER
bal:re--'kim\my c s dmin\council\meeting\2007\06-19-07\ditch. doc
To: Bennett Boucher— City Manager
Thm * Walter Bandish — Acting Public Works Director
From: Jeff Ratliff— Stormwater Administrator
Date: June 14, 2007
Re: Agenda Item for June 19, 2007
Additional Funds — North Central Ditch Stormwater
Improvement Project
The City Council approved funds in the amount of $53,000 for Stottler Stagg & Associates (SSA) in
June 2006 for the completion of engineering design tasks/engineering drawings for the North Central
Ditch Stormwater hnprovement Project. The project was to include the construction of a stormwater
system as submitted to the Florida Department of Environmental Protection (FDEP) in the Section 319
grant application in 2005. However, based upon the results of surveying activities conducted by SSA, it
became apparent that the proposed design (system of culverts and dry retention areas) submitted in the
grant application would not be feasible — due in part to low elevations near residences along the
northern portion of the Central Ditch. Several attempts were made to modify the proposed design (i.e.,
"make it fit the site) — but none were deemed suitable.
Therefore, an alternative engineering design was developed as described to the City Council in the
workshop on June 19, 2007. This proposed new design (system of culverts and a wet detention pond on
City -owned property) was presented to the FDEP the week of June 4 — the FDEP concurred that the
new design project was adequate to meet the Section 319 grant requirements.
SSA has requested additional funds ($9,040.00) to complete the engineering design tasks/engineering
drawings for the alternative engineering design — these tasks include additional surveying, drafting, and
engineering design tasks (cost breakdown attached). The original grant application included $59,848.00
in funds for the completion of engineering design tasks/engineering drawings — the proposed funding
amount is $62,040.00. Original funds ($59,848.00) are included in the FY2006-2007 budget under the
Canaveral Ditch Project (63 10) - Stormwater Fund. The total budget for project completion (including
grants) is $524,618.00.
Recommend the approval of additional funds in the amount of $9,040 to SSA for completion of
additional engineering design tasks/engineering drawings for the North Central Ditch
Stormwater Improvement Project.
05/23/2007 01:51 321-783-7065 STDTTLER PAGE 01
Notification of Additional Services
Date: May 21, 2007
SSA Project No.:
06-0018
Project Name:
Cape Canaveral Drainageway
Client: I City of Cape Canaveral
Requested By:
Jeff Radcliff— Stormwaler
Requested Service:
Proposed modifications to Cape Canaveral Drainageway plans. Work will include:
1. Design of detention pond in City easement
2. Relocation of main stormwater culverts to west side of easement.
3. Addition of yard drains at select locations.
4. Some field survey work to support designs.
Requested Service Taken By: John Pekar
SSA Method of Billing Additional Services:
Work to be performed as a lump sum for $9,040 as noted below:
Senior Project Engineer 32 hrs @ $1101hr = $3,520
Cadd 34 hrs @ $75/hr = S2,550
Field Survey Crew 16 hrs @ $120/hr = $1,920
Office Survey 10 his @ $105/hr= $1,050
iAdditional services to be added to SSA's existing contract with the City.
Client Telephone No.:
321/868-1240
Client Fax No.:
321/868-1233
Additional services can only be processed with your signed approval below.
No work will be performed until a City Purchase Order is received for this work-
APPROVED
ork
APPROVED BY:
DATE:
Jeff Ratliff, CC Public Works
From: John Pekar Upekar@stottlerstagg.comj
Sent: Wednesday, June 13,2007 10:35 AM
To: 'Jeff Ratliff, CC Public Works'
Subject: RE: Central Ditch
June 13, 2007
Jeff,
As a follow-up to your June 13th e-mail, here is a break-out of our anticipated engineering hours for modifications to
the Central Drainageway:
Note that soil testing of detention pond may be required depending on results of field topo and discussions with soil
consultant on use of nearby work.
Let's discuss this approach. Thanks,
John Pekar
Engineering
Item
Hours
Design of box and structures around sanitary sewer line
10 hours
(2 locations
Hydraulic modeling of detention pond with control
8 hours
structure (multiple stones)
Design of elements to detention pond, includes cross
6 hours
section, potential pedway from Central, foundation with
electrical.
Permit exhibits for SJRWMD for detentions stem
4 hours
Yard drains at low properties into culverts
4 hours
TOTAL ENGINEERING HOURS
32 Hours
Note that soil testing of detention pond may be required depending on results of field topo and discussions with soil
consultant on use of nearby work.
Let's discuss this approach. Thanks,
John Pekar
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Meeting Type: Regular
Meeting Date: 06-19-07
AGENDA
Heading
Consideration
Item
3
No.
participation efforts and recognizes issues facing the City related to the Comprehensive Plan.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: COMPREHENSIVE PLAN - EVALUATION AND APPRIASAL
REPORT - LETTER OF UNDERSTANDING
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council review and authorize the mayor to submit the attached Letter of Understanding relating to the
Comprehensive Plan - Evaluation and Appraisal Report process to the Department of Community Affairs, as
recommended by the Planning & Zoning Board.
Summary Explanation & Background:
This letter will inform the Department of Community Affairs that the City acknowledges the public
participation efforts and recognizes issues facing the City related to the Comprehensive Plan.
I recommend the letter be authorized and sent.
Exhibits Attached:
Draft letter
City Manager' ke'
Department GRWTH MGMT/P&Z
ca - im\myd cum 'n\council\meeting\2007\06-19-07\EAR.doc
DRAFT
June 20, 2007
Mr. James Stansbury
Regional Planning Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
RE: EAR — Letter of Understanding
Dear Mr. Stansbury:
Per the Department of Community Affairs the City is recommended to identify major
issues for inclusion within the Evaluation and Appraisal Report process. This letter is to
provide you with the major planning issues identified by the City of Cape Canaveral and
obtain your approval with a Letter of Understanding. Attached you will find public
comment sheets from three public workshops held on August 22, 2006, January 25,
2007 and March 17, 2007. These major issues were presented to and approved by the
City Council on June 19, 2007.
The following is a list of the City identified major issues, which are also discussed in the
EAR:
Density — Review the density requirements of the FLUE and land development
code.
Height - Review height requirements in the FLUE and Land development code
which set height standards.
Shoreline Erosion and Dune Protection - Review policies of the Conservation and
Coastal Management Element or promote standards to manage Shoreline
Erosion and Dune Protection:
Add or further define policies to Conservation and Coastal Management
Element or promote standards to provide Dune Protection
Add or further define policies to Conservation and Coastal Management
Element that will protect and promote remaining green areas.
Consider undertaking an archeological survey to better determine any
sensitive areas or areas in need of protection. Add policies as needed.
Add policy to Conservation and Coastal Management Element and
consider adopting an historic preservation ordinance.
ITMIT tai
Transportation — Traffic Management - Promote multimodal transit system in the
City connecting to the greater Central Florida region, equipped with shelters,
seating and pullover areas. Research efficiency of current speed limit along
A1A, reduce if necessary, and work on turn lanes and traffic flow along North
Atlantic.
Development Guidelines/Appearance - Consider policies in the FLUE and LDRs
to set Development Guidelines and Appearance standards to promote an
attractive transition from the Port south and north along North Atlantic, overall
community and AIA beautification, to include burying power lines, elimination or
reduction of run down properties and encouragement of personal property
upkeep, provide better street lighting and paths for bicyclists and pedestrians.
Obtainable Housing — Continue to provide for affordable housing opportunities
within the City. Identify possible incentives or areas within the City or
surrounding region and evaluate suitability of using redevelopment areas.
Park Provisions - Convert more public areas to parks that include amenities such
as beachside restrooms, benches, pavilions, trash cans, and provide spaces for
dogs to play and areas designated as fishing or swimming.
City Hall/Town Center — Enhance community identity while creating opportunities
for shopping that encourages pedestrian mobility.
Mixed Use / Retail Development - Consider policies in the FLUE to promote
Mixed Use development that includes shops, restaurants, and retail in close
proximity to or below residential uses and provide for "corner -store" retail in close
proximity to existing residential areas.
Fuel tanks — Review policies to encourage the conversion of nonconforming uses
into conforming uses.
School Concurrency - Add policies to new School Concurrency Element and
Capital Improvements Element which reflect the requirements of Chapter 163,
F.S. and Rule 9J-5, F.A.C.
Should you have any questions or require additional information, please contact Todd
Peetz, City Planner at (407) 629-8880 or tpeetz millerlegg.com.
Sincerely,
Rocky Randels, Mayor
City of Cape Canaveral
Page 1 of 10
Cape Canaveral Open House
August 22, 2006
Public Information Topics: Transportation, Parks, Infrastructure, Coastal Management, FLUM
I- PUBLIC QUESTIONS/COMMENTS
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK30\Cape Community Open House.doe
Someone mentioned a train system. Being from Long
Island, I say that would be great, not only to get
from our area to Orlando, but running north and
south too. There might need to be one for beachside
and one mainland by USI (?). Actually, can
passenger trains use that commercial line?
I would love to see a train system set up from the
port to Orlando International and on from there. We
need to focus on using less fuel.
Can you get just about anywhere by bus? What is
the cost monetarily as well as time -wise? I've never
gotten on a bus in Florida.
The bus system should be nurtured. Soon we will all
use it to get around town
Bury main power lines. Beautify SR AIA.
I would like a bus system, bus bays and seating
Increase public transportation routes so the wait is
shorter.
Pullover areas and shelters at bus stops
A better bus system would help our citizens in
Brevard County. Also make bus stops with shelter
from the sun.
s
Improve North Atlantic from George King Blvd. to
AIA
I suggest:
b North Atlantic widening and beautification
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Page 2 of 10
CADocuments and Settings%enneaMLocal Settings\Temporary Internet Files\OLK30\Cape Community Open House.doc
c) 35 mph along AIA
d) Repairing of all city roads which need
Widen North Atlantic, include turn lanes.
Turn lanes on North Atlantic Ave.
Let's work on the traffic flow (widening?) along
North Atlantic from George King South.
North Atlantic Ave. traffic congestion to be widened
from AIA to port.
Provide bike lanes so people can ride safely.
Getting people to the causeway in evacuation times
will be a problem from Astronaut and the port.
Do not do Ridgewood improvements without
burying the power lines
Do not4-lane Ridgewood Ave.
Retain 45 mph speed limit on AIA
Make speed limit 35 mph on Central from AIA to
North Atlantic.
Underground utilities. Landscaping and signage
Need to put lights by the new hotels at the end of
Astronaut Blvd.
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Page 3 of 10
ii! i°Zl 't hjil U'i ''11 u+PUBLIC
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Proximity to ocean
1. Stop trying to annex Avon -by -the -Sea
2. Less residential density
1. Ridgewood redevelopment
1. Town Center with shops and areas to
2. North Atlantic redevelopment
walk, similar to Cocoa Village and
3. Good parks
Winter Park.
2. More green space
3. Multi -use buildings with shops below
& residential above
Development of Manatee Park
Please remove the fuel tanks as an acceptable
use of land in the city.
1. Small community
1. A park at the north end of CC?
2. Community/City officials working
2. Let's create an attractive transition in
together for improvements
landscape buffers from the Port south
3. Small businesses and locals
along North Atlantic
friendly — not tourist -dependent.
3. Let's make a prettier `back entry' to the
city from the Port down N. Atlantic Ave.
— buffer trees and sidewalks along the
sides.
More bike paths, better street lighting. We
cannot see on some of our streets, so hitting
pedestrians/bikers is a high probability..
Residential/commercial balance
City Hall building and campus modernization
The people who designed Manatee Park!
Joint use planning with Port and Cocoa Beach
1. Small town atmosphere — city
1. Is there a possibility of any more fuel
officials and volunteer boards
tanks near residential? If so, repeal the
working closely together makes
special exception' for fuel tanks
city grant very accessible
anywhere in an M-1 zone.
2. The new crossovers to the beach
2. The lack of retention of existing trees
are wonderful.
and green space with new
3. The green areas we still have —
developments (eg. Oak trees should be
let's preserve them
part of any development plan)
4. The oak hammocks are lovely and
3. The `trashy' look alongside N Atlantic
native
(north from the `V' all the way to the
5. Thanks for doing this `Open
Port). Wasn't N. Atlantic supposed to
House'!
be widened and `dressed up'?
4. I noted that there's no land allotted to
`Conservation' (light green) on this
map!
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Page 4 of 10
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Having a few fun things to do right
1. Too many new developments with high
here in town, i.e. Jetty Park, Manatee
density.
Park, Cherie Down Park, Racetrax
2. Green spaces disappearing at rapid
Go -Carts, etc. We do have warm
rate.
weather most of the year!
3. No sidewalks or bike paths on edges of
roads
Do not tear out any more trees or wild areas.
1. Stop the tank development
2. Developers need to give something
back in the form of community
improvements
3. AIA needs beautification
Suggest museum, theater for performing arts,
historical tour capability
Small shops, new restaurants, dry store,
Starbucks, Icecream stores
1. Lack of care for the environment
2. Overbuilding our area
3. No bike paths! (I'm almost hit
everytime I ride my bike)
4.
The City needs to do far more about rundown
property, especially property on E. Central
Blvd.
1. No tank farm and no new tanks
2. Appeal the special exception
3. Keep our oak hammocks
4. Make a nice woodsy park
5. Street sweeper — garbage pickup
Restrict further expansion of Coastal Fuels
Reduce the housing density. If all current
housing was occupied, you would not be able
to drive anywhere in the Cape.
Allow convenience stores in condo areas so
residents don't have to drive to get a quart of
milk (mixed-use).
1. Larger parks
2. Density too high
3. Poor residential upkeep
More small businesses, i.e. pharmacies
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Page 5 of 10
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Convert the tree area (buffer zone) to public
park. Nature preserve between coastal tank
and Solana Lake, Shorewood Drive and Old
Eberwine Rd. area
Families that do not have access to family
parks by their homes. Even Cherie Down Park
and Jetty Park are a car ride for some. The
pepper trees, especially the huge one that I
thought fell in the hurricane is growing back.
They grab all the water for the lawn and other
plants.
Residents seem to keep to themselves. Can we
have more activities to get people out and
meeting neighbors.
I agree with the comments about the fuel
tanks. I live across the street from them and
there is soot all over my house.
Please ask those owning vacant land to mow
their property. It would improve the
appearance of our town and cut down on
mosquitos.
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Page 6 of 10
Cts ` t -\IL vAi °t [- %: 7PUBLIC OUESTIONS/COMMENTS
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� r
Separating rod fisherman from swimmers and
walkers along the beach by having a designation
for rod fishermen.
Beach renourishment is great
Fishing lines vs. beach walkers, swimmers, surfers
- Put separate areas between signs for each of
these conflicting activities. Designate `Surf fishing'
area, then `swimmers/beach users', etc.
Beach access is wonderful, thank you!
Please provide an area where we can take our dogs
on the beach. Even a designated time period would
be good. Hilton Head Island allows dogs on the
beach from 5pm-loam. No problems at all — the
whole island is pet -friendly.
Love all the public access
Let our dogs have some time on the beach! When I
lived in California, we could bring our dogs to the
beach between 6-10am and 5-9pm. Why can't we
be a little more open-minded? The dog owners
picked up the beach just fine! This state really
needs to get with the times!
Our beaches are well-maintained
1. Restore the beach sand
2. Setup more trash containers for Jetty and
Cherie Down.
3. Is it possible to separate fishermen from the
swimmers?
Replenishment of sand
How about placing a little, attractive, welcome
center up in that SW corner of N. Atlantic at
George King?
This could be the start of an attractive `entry' to
the City — landscape, trees to buffer the business
and residences all along N. Atlantic.
Sand fences and sea oats
1. Increased density on beaches because of all
the new developments.
2. Smoking &z trash on the beach
3. Quality of some of the crossovers, as well as
there being `handicapped friendly'
4. Benches next to crossovers for people to sit
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Page 7 of 10
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How about a community once a month `beach
clean-up' (we already do it along
Salonas/Shorewood beach). OR why not let
organizations, associations, etc. `adopt' a stretch of
beach.
After the next move west of the coastal
construction zone, relocate the houses to the
future available property of Coastal Fuel company.
Dislike garbage/trash/cigarettes/plastic discarded
on the beach and city streets.
Need to have more trash cans available to the
public on the beach every so many feet and at
intersections in the city and at bus stops.
Need to have trash pickup daily or every other day.
a) Enforce ordinances
b) Pick up seaweeds after storms
c) Good attitude towards turtles
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Page 8 of 10
— PUBLIC QUESTIONS/COMMENTS
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Park system is good.
1. Build beachside restrooms
2. Take over Cherie Down park from County
3. Boat ramp/kayak rentals at Manatee Park
Xeriscape parks are wonderful
Would like to see a skateboard park. Try to get
the teens involved.
Keep the parks coming! They are
Consider restroom for beach walkers between
wonderful and I would love to see
Cherie Down Park and the Port
more!
The parks are beautiful.
Central and N. Atlantic southwest corner — vacant
undeveloped land — coastal hardwood hammock.
1. Cleanliness of parks
1. Park in northeast part of city.
2. Professionalism of staff
2. More variety of use in parks, e.g. pavilions
3. More benches
4. City should take over Cherie Down Park,
so that it can be used for city residential
priorities.
Correct park map to include all parks.
1. Please give us some place where our dogs
are welcome!
2. Maintain the little bit of green space we
have left. No more trees bulldozed down!
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10
EIi
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J l k
d
Reuse water supply. There seems to be a shortage
of water pressure and supply in the Solana Lake
Condo area.
1. I live at Solana Lakes and we are having a
very difficult time keeping our grass and
plants watered! Pressure is too low on our
reclaimed water.
2. No more fuel tanks put in by Coastal Fuels!
1. Water pressure/needs to be stronger.
2. Having a petroleum tank farm in the city.
Reuse water from north end on only 3 hours per
day (not enough). 6-9pm will not even sprinkle all
of the area at Solana Lakes. Even with enough
pressure, maintenance men cannot service the
sprinkler system with no water in the daytime.
However, pressure is too low on reuse water. It
will not even push up the sprinkler heads (at this
development). Most of the landscaping has died.
For long term planning, please do not expand the
coastal tank farm where it is now. Move them all
to the new tank farm area at the Port Authority
property, away from people.
How to `lure' the tank farm to move to I-95 —
where it's MUCH more appropriate for storage
and transfer of fuel!
Stricter enforcement of code violations — untidy
properties and building sites.
Ugly green garbage cans. You can't hide them and
they smell. Are they supposed to blend in? Why
not tan?
City should try to purchase coastal hardwood
hammock at the corner of N. Atlantic and Central
Blvd.
1. Eliminate nightly/weekly rentals.
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2. No expansion of Coastal Fuels
3. Eliminate/make use of abandoned
buildings.
1. Recycling center in the city, so those items
not picked up by Waste Management
could be recycled there.
2. Add aluminum to recycling process.
Long -serving council members: Step aside to
permit younger residents to run. Encourage young
people to seek office.
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Page I of 10
Cape Canaveral Open House
January 25, 2007
Public Information Topics:
Transportation, FLUM, Coastal Management, Parks, Ston nv--er
CADocuments and Setdngs\bennettb\Local Settings\Temporary Internet Files\OLK30\Open House topics.doc
SuggestionslDislikes,
GENERAL
Mixed-use would help relieve traffic congestion
Add bike/pedestrian paths
Please implement the AIA beautification study
which was done several years ago
Possible town center — consider North Atlantic —
maybe more stop signs — traffic calming to slow
people down — NO middle lane for vehicles to
speed up
BUS SYSTEM
I am very pleased overall with the
...but know that with growth, change must come. I
existing transportation system...
do believe that pullover space for pickup and
delivery of bus passengers would permit better flow
of traffic
Please put benches and covered areas at bus stops
throughout the city
The bus system has been a boon
and has been improving
ROADS
Please put a left-hand turn signal going north on
AIA at Central
I like the roadway beautification...
..(given) the added traffic with the new
developments on North Atlantic Ave., either wider
roads or turning lanes would allow better traffic
flow and ease of entering North Atlantic Ave. from
side roads
A left turn signal is needed at the Holman Road
traffic light
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Please consider reducing the speed limit on North
Atlantic to 25mph to reduce the traffic flow and
improve safety
Please improve walkways (particularly widening) and
bikeways throughout the city
Please provide evacuation planning briefings to the
community so we are better prepared by the city to
know what avenues we are to take during storms,
terrorist attacks, etc.
How about looking to the state highway
department for information on obtaining federal aid
highway funds for existing roads due to population
increases, and changing some road use to secondary
or primary uses
Reduce traffic limit density and growth of Cape
Caribe. It puts (and will put in the future) too many
cars on very limited roadways (George King,
Shorewood and North Atlantic)
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..............................................................................................................................................................................
FUTURE LAND USE - .
CADocuments and Settings%ennettb\Local Settings\Temporary Internet Files\OLK30\Open House topics.doc
s
MIXED-USE
Introduce mixedAuse rezoning into the
comprehensive plan. This would allow
redevelopment of distressed commercial
zones. Allow advantages of mixed use into our
city center.
Mixed use would help relieve traffic
congestion.
Please consider mixed-use communities
throughout the City, e.g. one in each quadrant
of the City so residents and visitors can live
near and walk to shops.
I am strongly in favor of a mix of land use that
would promote a town center.
I agree with the second bullet point
concerning stricter development guidelines for
a more aesthetically pleasing environment.
A town center or planned mixed use
development for the enjoyment and visual
beauty they can give the City is a wonderful
idea. New development should not be allowed
to create a public nuisance.
The City of Cape Canaveral will definitely
grow, but in order to make it a good growth,
we must put bicycle paths, sidewalks, and
overpasses on Astronaut Blvd. to provide the
type of shopping traffic that would help a
mixed-use growth. Maybe some of these
expenses could be covered by new
developments that like mixed use of their land.
TANK FARM
We would like to see comprehensive
requirements such as setbacks, barriers, air
pollution, ground pollution and screening
provisions for the non -conforming tank farm
and its residential neighbors, due to the public
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nuisance the incompatibility of land uses
creates.
Get federal funds to increase security at
Coastal Fuels tank farm and to protect the
community. This is a function of the
Department of Homeland Security.
GREEN AREAS
Protect and keep from losing too much green
areas.
Please provide more green space for the City
by purchasing remaining available land.
BIKE PATHS
Bike/pedestrian paths are a good idea.
Please consider developing a bike
path/walkway along the creek/water area that
runs parallel to North Atlantic on Central.
It is too risky now to do without bike paths.
Roads are at capacity. We have hit maximum
density.
RENTALS
Affordable housing is a problem for owners as
well as renters due to the increases in
insurance and taxes — it is something we will
have to work together to resolve.
I feel that we must remember the foresight of
the people many years ago who created a tax
base and growth for our City and not penalize
them now with restrictions in rental of their
investment properties. Instead, current
ordinances must be enforced — maybe hiring
more people to enforce these codes and
ordinances is the solution.
Please introduce an ordinance in the City
which provides for a minimum of 30 or 90 day
rentals so we preserve the residential
character of the City.
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FUNDING
The City could use an employee smart about
state and federal processes and funding
procedures and laws to 'track down' its fair
share of funding to insure it gets here.
Please hire professional grant writers to
support the City's applications for grants to
progressively plan for the City's future.
PORTER PROPERTY
Please try to find a way to purchase the Porter
property.
Consider buying the land at the Porter
properties for an 'Enchanted Forest' for Cape
Canaveral.
BOARDWALK
It would be great to have a Cape Canaveral
boardwalk, area for walking, shopping,
sightseeing, dining and living.
I would love to see a boardwalk.
CAPE CARIBE
Cape Caribe's current expansion plans will
have a negative impact on beaches, traffic,
noise, etc. because of increased density.
I'm concerned about the density at Cape
Caribe. It has a 'timeshare' on C I that consists
of condo units owned by its purchasers which
is much higher density than nearby
townhouses and condos. It also has a
timeshare on the beach on residential zoning.
It also has a much higher density than the rest
of the area around it. Is a timeshare a
residence or commercial? It cannot be both,
and the impact is population density that
exceeds local limits and creates a nuisance for
its neighbors. The nuisance includes playing
outdoor music late at night during the
summer. No other residence or condo owner
does this. So, what is Caribe? Commercial
(not if owned by part-time residents) or
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residential (no loud music should be allowed).
GENERAL
I am more concerned with traffic increase than
density issues; however, I would like to see
this remain a small town.
We need more shops for consumers, not
more car rental agencies — boardwalk on
President St. area, bakeries.
Please consider administrative rezoning areas
of the city which are currently mis-zoned. As
an example, areas up and down North Atlantic
Ave. (feeder streets) are zoned commercial.
Almost all of that land is being converted to
residential. Unfortunately, changing the
uNsafe requires permitting and thousands of
dollars in fees in order to get the property to
be changed.
A community cultural center with local history
exhibits would be a way to preserve our
heritage.
I'm not certain about requiring new
developments to build amenities. That would
depend on what is currently available in the
area, bicycle and pedestrian paths are always a
plus.
Please encourage car businesses to be closer
to or in the Port rather than in the City of
Cape Canaveral.
Please prioritize the businesses we want to
attract to the City so we can plan proactively
for the City's future.
Please provide a modernized government
complex for the City.
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COASTAL MANAGEMENT
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Isti
Suggest you have a brief definition of what
'Coastal Management' is at the top of the board,
so that citizen input would be facilitated.
BEACHES
The City should work aggressively with the State
and the Canaveral Port Authority to keep ships
from dumping waste into the ocean waters along
the City. Also encourage new technology to
process the waste on board the ships so it does
not have to be dumped in the ocean at all.
Something MUST be done about the garbage that
washes up on the coast from gambling ships and
cruise liners. I have spent entire Saturday
mornings cleaning it up and my impression is that
it mostly comes from gambling ships. We need to
get the state EPA involved. We swim and fish in
garbage!
I recommend the City work with surrounding
communities to assess the impact of proposed
development on the density and use of the
beaches. Currently, Cape Caribe is proposing
more hotels and the Port is proposing another
hotel and Conference Center without an
assessment of impact on the beaches.
Recommend that the State of Florida prohibit the
sale of fireworks in the state, so our beaches will
be preserved.
Encourage myregion.org initiative being managed
out of Orlando to include regional coastal
consideration, e.g. cleanliness, beautification of
beaches and ocean waters. Right now
myregion.org focuses on rivers only.
Eliminate non-native species of trees from vacant
land adjacent to the Banana River (e.g. the west
end of Long Point — a wasteland dump)
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Better archeological surveys that get attention.
Do not permit any boat ramps on either the
Atlantic Ocean or Banana River.
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RECREATION r'►
Page 9 of 10
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Likes
DislikeslSuggestions
Please consider a sailing/fishing area at the City's
parks.
Please put a park in the northeast part of the City.
Please consider acquiring Cherie Down Park,
especially if it could be developed to include
activities, services for the community which we do
not have right now.
Please consider developing a rocket garden out of
respect for the City's rich space history heritage.
Consider developing a mixed-use area in the City
which also includes some beautifully preserved
green space and a water park area.
Consider developing a river walk along the Banana
River.
Please consider bringing concerts to the City.
I like the Hammock Park and Lori
Build more parks. Re. park amenities, permanent
Wilson Park in Cocoa Beach...
skateboard park. It's not as important to `beautify'
as it is to preserved raw land. Acquire the parcel
west of Atlantic and south of Central.
It is great to see the growth of these
Suggest that parks be marked better with signs a
beautiful parks in our area ...
little larger on Astronaut Blvd./AIA/North
Atlantic and Ridgewood. We sometimes pass right
by them without knowing they are there.
We need a park on the City's northside. We have
nothing.
Buy the Porter property and make it an
'Enchanted Forest' for Cape Canaveral with
nature trails and history museums.
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..............................................................................................................................................................................
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Please seek funding to develop local/regional
stormwater park (please consider Central Ave.
baffle box area)
Consider installing baffle boxes to treat
stormwater runoff from large condominium
developments such as Cape Shores (26 acres). All
goes directly into the Banana River without any
treatment.
Recommend the City develop state-of-the-art
water treatment/stormwater management
facilities — starting anew, rather than retrofitting
what we have.
Water & Sewer: Add baffles or other system to
keep pollutants out of the lagoon.
Water & Sewer: I currently have reclaimed water,
but would like to see a little more pressure and
longer times of use.
Underground utilities as a suggestion — I would
really like the City to research this, as it would
prevent a lot of power outage during our Florida
liquid sunshine and storms.
Great Stormwater Board!
Consider a salination plant for the City for our
own potable water system.
Please consider the City's doing its own water
rather than depending on the City of Cocoa.
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Cape Canaveral City Celebration
March 17, 2007
Community Topic Survey Results
Page I of 2
..............................................................................................................................................................................
TRANSPORTATION - PUBLIC INPUT
:...................................................................................................................................................I.........................
..............................................................................................................................................................................
FUTURE LAND USE - PUBLIC INPUT
................................................................................................................................................................
MIXED-USE
Create a mixed use area Central Boulevard between N. Atlantic and AIA — like
downtown Celebration.
Central Boulevard areas should be mixed use like Celebration.
HOUSING
Forget about low income housing.
Provide more single family homes and provide for housing for service providers
..........................................................................................................................................................................
COASTAL MANAGEMENT- PUBLIC INPUT
.........................................................................................................................................................................
:.................................................................................. ..................................................... .................. I ..................
.
RECREATION & PARKS - PUBLIC INPUT
.................... .................. .......................... .......... .................. ............ ........ .............................................................
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Page 2 of 2
.............................................................................................................................................................................
OTHER — PUBLIC INPUT
:............................... ........... ......... ........ ............. ............ ......... .............. ............................ ........... ..........................
General Comments
Stabilize/control property tax.
Nice quiet community - enough development in the City.
Give businesses more signage and freedom to advertise.
Force Hometown News to stop littering the City with their nasty newspapers.
No fuel tanks in City.
Enforce removal of dead animals in City and along beach and general cleanliness.
CADocuments and Settings%ennettb\Local SettingsWempoary Internet Files\OLK30\Public inputdoc
The City should purchase the remaining large lots for public parks and stormwater.
The City should purchase the property at N. Atlantic and Central for park development.
The City should develop a skate board park.
Consider a floating dock in Banana River off Manatee Park.
City should beautify roadway, for example from Thurm Drive and AIA to the park. Plant
trees and improve the island plantings. This will be an added feature for the City and its
park system.
City should continue to maintain current parks (no new parks).
Need bike paths throughout the City and leading to all parks.
Beach area / on the beach
Wherever possible in the City
At the shoreline
In the South end of the City
At the currently vacant Central and N. Atlantic property
Use pocket parks throughout the City (buy property at N. Atlantic and Central)
Banana River
Ocean front
Adjacent to the Port
Along River front south
Provide a dog park on the beach
In densely populated areas
.............................................................................................................................................................................
OTHER — PUBLIC INPUT
:............................... ........... ......... ........ ............. ............ ......... .............. ............................ ........... ..........................
General Comments
Stabilize/control property tax.
Nice quiet community - enough development in the City.
Give businesses more signage and freedom to advertise.
Force Hometown News to stop littering the City with their nasty newspapers.
No fuel tanks in City.
Enforce removal of dead animals in City and along beach and general cleanliness.
CADocuments and Settings%ennettb\Local SettingsWempoary Internet Files\OLK30\Public inputdoc
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Meeting Type: Regular
Meeting Date: 06-19-06
AGENDA
Heading
Considerations
Item
q
No.
League of Cities letter
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: DESIGNATION OF A VOTING DELEGATE FOR THE
FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council designate a voting delegate for the Florida League of Cities Annual Conference.
Summary Explanation & Background:
See attached correspondence.
Please advise.
Exhibits Attached:
League of Cities letter
City Main ager�'Office
Department LEGISLATIVE
ca nt\kim\m doc admin\council\meeting\2007\06-19-07\f1c. doc
FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street, Suite 300 . P.O. Box 1757 ♦ Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.ficities.com
TO: Municipal Key Official
FROM: Michael Sittig, Executive Directow&-�
DATE: June 8, 2007
SUBJECT: 81st Annual Conference — Celebrating FLC's 85`h Anniversary
VOTING DELEGATE AND RESOLUTION INFORMATION
August 16-18,.2007 Orlando Marriott World Center
As you know, the Florida League of Cities' Annual Conference will be held at the Marriott
World Center in Orlando, Florida on August 16-18. This year we are celebrating the Florida
League of Cities 85`h Anniversary. We will provide valuable educational opportunities to
help Florida's city officials serve their citizenry more effectively.
It is important that each municipality designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each municipality will make decisions that determine
the direction of the League.
In accordance with the League's by-laws, each municipalities vote is determined by
population, and the League will use the Estimates of Population from the University of
Florida for 2006.
Registration materials have already been sent to each municipality. Call us if you need
additional copies. We have attached the procedures your municipality should follow for
presenting resolutions to the League membership. If you have any questions on voting
delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513,
extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom
278-5331 or (800) 616-1513, extension 116. Resolutions forms must be received by the
League no later than July 12, 2007 and Voting delegate forms must be received by the
League no later than July 27, 2007.
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
President Rene Flowers, Council Vice Chair, St. Petersburg
First Vice President Frank Ortis, Mayor, Pembroke Pines ♦ Second Vice President Carmine Priore, Councilmember, Wellington
Executive Director Michael Sittig ♦ General Counsel Harry Morrison, Jr.
81st Annual Conference
Florida League of Cities, Inc.
August 16-18,2007
Jacksonville, Florida
It is important that each member municipality sending delegates to the Annual Conference of
the Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By -Laws requires that each municipality select one person to serve
as the municipalities voting delegate. Municipalities do not need to adopt a resolution to
designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
Municipality of:
AUTHORIZED BY:
M
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 175Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Important Dates
May 30, 2007
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
July 2
Appointment of Resolutions Committee Members
July 12
Deadline for Submitting Resolutions to the League office
August 16
League Standing Council Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 18
Immediately Following Luncheon — Pick Up Voting Delegate Credentials
Followed by Annual Business Session
Procedures for Submitting Resolutions
Florida League of Cities' 81st Annual Conference
Orlando Marriott World Center, Orlando, Florida
August 16-18, 2007
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League
office by July 12, 2007, to guarantee that they will be included in the packet of
proposed resolutions that will be submitted to the Resolutions Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee. (Whenever
possible, multiple resolutions on a similar issue will be rewritten to encompass the
essential subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state legislation anon will be referred to the appropriate
standing policy council. Such proposals will not be considered by the Resolutions
Committee at the conference; however, all state legislative issues will be
considered by the standing policy councils and the Legislative Committee, prior to
the membership, at the annual Legislative Conference each fall.
Municipalities unable to formally adopt a resolution before the deadline may submit a
letter to the League office indicating their city is considering the adoption of a resolution,
outlining the subject thereof in as much detail as possible, and this letter will be forwarded
to the Resolutions Committee for consideration in anticipation of receipt of the formal
resolution.
Meeting Type: Regular
Meeting Date: 06-19-07
AGENDA
Heading
Consideration
Item
5
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: LOCAL OPTION GAS TAX - AMENDMENT TO THE
INTERLOCAL AGREEMENT WITH BREVARD COUNTY
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the approval of an amendment to the Local Option Gas Tax Interlocal Agreement with
Brevard County extending the existing local option gas tax until August 31, 2037.
Summary Explanation & Background:
/�qG�b �/�✓L
The City will receive approximately $264,000 which will be utilized to fund road maintenance activities.
I recommend approval.
Exhibits Attached:
Brevard County letter dated 06-07-07; Amendment; 1988 Interlocal Agreement
City Mana Mee
Department LEGISLATIVE
ca im\myd dmin\council\meeting\2007\06-19-07\gastax.doc
BREVAR
BOARD OF COUNTY COMMISSIONERS
TRANSPORTATION ENGINEERING DEPARTMENT
2725 Judge Fran Jamieson Way, Bldg. A., Rm. 204
Viera, Florida 32940
June 7, 2007
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
FLORIDA'S SPACE COAST
Telephone: (321) 617-7202
FAX: (321) 633-2083
Re: Amendment to Interlocal Agreement - Local Option Gas Tax
Dear Mr. Boucher:
On May 8, 2007, the Board of County Commissioners adopted Ordinance #07-21 extending
the existing Local Option Gas Tax until August 31, 2037.
The existing Interlocal Agreement between the Board and each of the municipalities
currently expires on August 31, 2021. Attached, is an Amendment to the existing Interlocal
Agreement extending the termination date to August 31, 2037, to coincide with the term of
the gas tax.
It is requested that you execute the amendment and return same to this office no later than
June 19, 2007, for presentation to the Board on July 10, 2007.
If more information is needed please feel free to call me at 321-617-7202.
Very tr ly yours,
Harriet Raymond d
Special Projects Coordinator III
Attachment
cc: John Denninghoff, P.E., Transportation Engineering Department Director
PRINTED ON RECYCLED PAPER
AMENDMENT TO INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into by and between the Board of
County Commissioners of Brevard County, Florida, hereinafter referred to as
"County" and the City of Cape Canaveral, Florida, hereinafter referred to as
"City".
WHEREAS, the City and the County entered into an Interlocal Agreement
on October 18, 1988 to establish the local option gas tax, Its term, its duration and
its distribution formula; and
WHEREAS, said Interlocal Agreement established the duration of the local
option gas tax as ten (10) years and the expiration date of the local option gas tax
as August 31, 2001; and
WHEREAS, the Board of County Commissioners, in regular session
on October 13, 2005, extended the duration of the local option gas tax until
August 31, 2026 and again on May 8, 2007, extending the duration until August
31, 2037, and
WHEREAS, the City and the County wish to extend the duration of
the Interlocal Agreement to coincide with the current termination date of the local
option gas tax.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. All reference to the expiration of the local option gas tax contained in
the Interlocal Agreement, either explicit of implied, are hereby revised to August
31, 2037.
2. All reference to the duration of the local option gas tax, either explicit of
implied, are hereby revised to extend the duration of the tax for an additional
thirty-six (36) years.
3. All other terms, conditions and provisions of the Interlocal Agreement,
dated October 18, 1988 are ratified and confirmed and are, by this reference,
incorporated herein and made an integral part hereof, as if fully set forth herein.
IN WITNESS WHEREOF, we have set our hands and seals, this 10th day of
July, 2007.
Attest:
ATTEST:
City of Cape Canaveral
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
Jackie Colon, Chairperson
As approved by the Board on: 07-10-07
COUNTY ATTORNEY REVIEW BLOCK
Reviewed for legal form and content:
Deputy County Attorney
LOCAL OPTION GASOLINE TAX REVENUE DISTRIBUTION
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, effective on the date specified
below, by and among THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, CITY OF CAPE CANAVERAL, CITY OF COCOA, TOWN OF MALABAR,
CITY OF MELBOURNE, CITY OF PALM BAY, CITY OF ROCKLEDGE, CITY OF
SATELLITE BEACH, AND CITY OF TITUSVILLE, CITY OF WEST MELBOURNE,
establishes the local option gasoline tax, its term, its duration
and its distribution formula in Brevard County from September 1,
1988 through August 31, 2001;
WITNESSETH:
WHEREAS, Chapter 336.025, Florida Statutes authorizes a
local option gasoline tax to be levied upon the sale of motor
fuel and special fuel within the County; and
WHEREAS, Section 3(a)l of said statute authorizes an
interlocal agreement by and between Brevard County and the
municipalities located therein for the purpose of establishing a
distribution formula for dividing the proceeds of said tax among
Brevard County and all eligible municipalities within the County;
and
WHEREAS, representatives of Brevard County and the
municipalities that are party to this agreement have met and
negotiated mutually acceptable terms and conditions for said
interlocal agreement; and
WHEREAS, this agreement must be executed by all parties not
later than June 1, 1989; and
WHEREAS, the Board of County Commissioners previously
enacted a six cent local option gasoline tax for the period
September 1, 1986 through August 31, 1991; and
WHEREAS, the Board desires to extend said tax for additional
ten year period ending on August 31, 2001.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and representations herein the parties agree as
follows:
1.00 Definitions
Account 541.00 - Road and Street Facilities Account of the
Uniform Accounting System Chart of Accounts for Local Units of
Government as established by the Department of Banking and
Finance of the Office of the Comptroller of the State of Florida.
Board - Board of County Commissioners of Brevard County
Florida.
Eligible Municipality - Municipality eligible for proceeds
of local option gasoline tax as defined by Chapter 336.025(6)
Florida Statutes.
Municipal Population - Population of each individual
municipality according to the "Estimates of Population by County
and Municipality in Florida" as contained in Florida Estimates of
Population prepared by the Population Program of the Bureau of
Economic and Business Research of the University of Florida.
Net Tax Revenue - Revenue available for distribution from
the proceeds of the local option gasoline tax in Brevard County,
excluding the service charge paid to the State of Florida and the
required rebates to agriculture, commercial fishing and transit
entities.
Previous Five Year Transportation Expenditures: Board -
Total of previous five years transportation expenditures of the
Board of County Commissioners of Brevard,County Florida as
defined in Account 541.00 of the Uniform Accounting System Chart
of Accounts.
Previous Five Year Transportation Expenditures: Municipal
Total of previous five years transportation expenditures of each
individual municipality in Brevard County as defined in Account
541.00 0£ the Uniform Accounting System Chart of Accounts.
Total County Population - Population of all municipalities
in Brevard County plus the population of the unincorporated area
of Brevard County according to the "Estimates of Population by
County and Municpality in Florida" as contained in Florida
Estimates of Population prepared by the Population Program of the
Bureau of Economic and Business Research of the University of
Florida.
Total County Previous Five Year Transportation Expenditures
Total of previous five years transportation expenditures of all
muncipalities in Brevard County plus the previous five years
transportation expenditures of the Board of County Commissioners
as defined in Account 541.00 of the Uniform Accounting System
Chart of Accounts.
Unincorporated Population - Population of the
unincorporated area of Brevard County according to the "Estimates
of Population by County and Municipality in Florida" as contained
in Florida Estimates of Population prepared by the Population
Program of the Bureau of Economic and Business Research of the
University of Florida.
2.00 Amount and Term of Tax
This agreement is entered into with the understanding that
the Board of County Commissioners of Brevard County will enact an
appropriate ordinance to levy a six cent local option gasoline
tax within Brevard County, with said tax being imposed effective
on September 1, 1988 and to remain in effect through August 31,
2001. In the event the Board of County Commissioners of Brevard
County fails or refuses to enact said ordinance, this agreement
shall be null and void.
3.00 Duration of Tax
The term of this agreement shall be for the period of the
duration of the ordinance as identified in paragraph 2.00. Upon
expiration of the period of said tax provided for in said
ordinance, this agreement shall terminate, except that if the
Board of County Commissioners reimposes said tax as provided in
Section (1)(b) of Chapter 336.025, Florida Statutes, this
agreement may be renewed as provided therein.
4.00 Distribution of Proceeds of Tax
All proceeds of the tax collected pursuant to Chapter
336.025, Florida Statutes, shall be divided between Brevard
County and all eligible municipalities according to the following
formulas:
Individual Municipal Allocation =
a/y x .5 + b/z x .5 x annual net tax revenue
a = municipal population
b = previous five year transportation expenditures:
municipal
y = total county population
z = total county previous five year transportation
expenditures
Board of County Commissioners Allocation =
c/y x .5 + d/z x .5 x annual net tax revenue
c = unincorporated population
d = previous five year transportation expenditures: Board
y = total county population
z = total county previous five year transportation
expenditures
The population of the County and the eligible municipalities
used in the distribution formula will be based upon the annual
"Estimates of Population by County and Municipality in Florida"
as contained in Florida Estimates of Population prepared by the
Population Program of the Bureau of Economic and Business
Research of the University of Florida. The initial population
data used in the formula is contained in the April 1, 1987 issue
of said document.
Future editions of said documents will be utilized to
determine county and municipalities population for the year
future editions are published. It is anticipated that said
document will be published yearly, but in the event it is not
published yearly, then the most recent edition of said document
shall be utilized.
The previous five year transportation expenditures used in
the formula will be based upon Account 541.00 data as tabulated
by the state of Florida Department of Banking and Finance, Bureau
of Local Government Finance. The initial data used in the
formula will include expenditures for the years 1983, 1984, 1985,
1986 and 1987.
On or before June 1st of each calendar year, the Brevard
County Planning and Zoning Department will update the data used
in the distribution formula and the revenue allocations.
Commencing September 1, 1991 and continuing through August 31,
2001, the amount of the tax revenues distributed to Brevard
County shall not ever be reduced below 47.14004266% of the entire
annual proceeds of the local option gas tax. The updated data
will be provided to the Board and they shall direct the Clerk to
the Board to mail a copy of the revenue percentage allocations to
each municipality for review. A period of not less than thirty
(30) days shall be allowed for review and comment by the
municipalities. The Board shall then certify the revenue
percentage allocations and submit them to the County Comptroller.
The County Comptroller shall submit the revenue percentage
allocations to the Department of Revenue prior to August 15th of
each calendar year.
The initial revenue distribution allocations are defined in
Exhibit "A".
5.00 Eligible Expenditures for Revenues
Brevard County and all eligible municipalities receiving
proceeds from said tax will comply with sections (1)(c) and (7)
of Chapter 336.025, Florida Statutes, regarding expenditures of
revenues from said tax.
6.00 Audit Procedures
Brevard County and all eligible municipalities receiving
proceeds from said tax will comply with reporting procedures of
the Department of Banking and Finance of the Office of the
Comptroller of the State of Florida and their Uniform Accounting
System Chart of Accounts for Local Units of Government. Further,
the County and all eligible municipalities will include a
statement in their respective annual audit reports verifying
their compliance with said reporting procedures.
7.00 Failure to Execute Agreement
In the event that any of the parties to this agreement fail
to sign said agreement, the agreement will become null and void.
8.00 Amendment to the Agreement
This agreement may be modified or amended only by a written
agreement executed by all parties hereto. The foregoing terms
and conditions constitute the entire agreement between the
parties hereto and any representations not contained herein shall
be null and void and of no force or effect.
9.00 _Execution of the Agreement
This agreement may be simultaneously executed in several
counterparts, each of which so executed shall be deemed to be an
original, and such counterparts together shall constitute one and
the same instrument.
10.00 Notification of the Department of Revenue
Upon execution of this agreement by all parties, and prior
to August 15, 1989, the County Comptroller will forward the
agreed upon distribution formula described in paragraph 4.00 to
the Department of Revenue for implementation.
11.00 Commencement
This agreement shall become effective upon the date of its
recording with the Clerk of the Circuit Court of Brevard County,
Florida.
IN WITNESS WHEREOF, the undersigned parties have caused this
agreement to be duly executed on their behalf this /8 �//� day of
OC7*0f3E4_ 1988.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By: '�Zv zkllvZl
Sue Schmitt, Chairman
ATTEST:
tenet S. Lesser, Clerk
ATTEST:
Linda Knudson, Clerk
ATTEST:
Rosalie Lasky, C1 t
ATTEST:
5 c
lla M. astn, Clerk
ATTEST:
THE CITY OF CAPE CANAVERAL
BY: �J
Patrick T. Lee, Mayor
THE CITY OF COCOA
By:
oll Robin o Mayor
THE TOWN OF MALABAR
By: -�L-'-'� .
Eugene Call. ,, Mayor
THE CITY OF MELBOURNE:
By:
Joseph F. Mullins, Ma or
THE CITY OF PALM BAY
( a� By:
Alice Passmore, Clerk Frank Filiberto, Mayor
ATTEST:
rCLP
Doratnea S. Hamilton, Clerk
ATTEST:
YGT> CL
J ith A. Hurst, Deputy Clerk
THE CITY OF ROCKLEDGE
THE CITY OF SATELLITE BEACH
BY:
David R. Schechter; Mayor
ATTEST:
Kararr Rou savall, Deputy Clerk
ATTEST:
n aniels, Clerk
THE CITY OF TITUSVILLE
By:
Truman Scarborough Mayor
THE CITY OF WEST MELBOURNE
FrederIOR , M yor
EXHIBIT "A"
ANNUAL SIX CENT GAS TAX REVENUES
(50% POPULATION/50% TRANSPORTATION EXPENDITURES)
1 Cent Tax = $1,846,269
6 Cent Tax = $11,077,615 (based on first year actual receipts
from October, 1986 to September, 1987)
6 Cent x 5 Years = $55,388,075
PERCENT
REVENUE
JURISDICTION
SHARE
SHARE
BREVARD COUNTY
45.40105652
$5,029354.49
CAPE CANAVERAL
1.64376798
$182,090.38
COCOA
4.19849781
$465,093.44
COCOA BEACH
3.27523071
$362,817.47
INDIALANTIC
0.80869786
$89,584.44
INDIAN HARBOUR BEACH
1.82472338
$202,135.84
MALABAR
0.37471813
$41,509.83
MELBOURNE
15.43153821
$1,709,445.59
MELBOURNE BEACH
0.72412601
$80,215.89
MELBOURNE VILLAGE
0.18616489
$20,622.63
PALM BAY
9.20489541
$1,019,594.30
PALM SHORES
0.01410883
$1,562.84
ROCKLEDGE
3.50309032
$388,058.86
SATELLITE BEACH
1.78448967
$197,678.98
TITUSVILLE
9.97916100
$1,185,453.09
WEST MELBOURNE
1.64654927
$182,398.40
TOTAL
100.00000088
$11,077,615.53
1 Cent Tax = $1,846,269
6 Cent Tax = $11,077,615 (based on first year actual receipts
from October, 1986 to September, 1987)
6 Cent x 5 Years = $55,388,075
g�d39y
Ms. Janet S. Leeser
City Clerk, City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
SUBJECT: Local Option Gas Tax Agreement
Dear Ms. Leeser:
Attached is a fully executed copy of the Local Option Gas Tax
Interlocal Agreement approved by the Board of County Commissioners on
October 18, 1988. Please note that this is a new agreement and will
replace the'original Interlocal Agreement adopted by the Board on July
21, 1986.
In keeping with the terms of the agreement, this office will
continue to annually recalculate the distribution proportions set out
in Exhibit A. The figures in the enclosed Exhibit A are those in
effect for the period from September 1, 1988 to August 31, 1989. Data
showing the distribution for the next year will be sent to the cities
for review in late spring of 1989.
If you have any questions regarding this matter, please contact
me at (407)453-9518.
Sincerely,
BREVARD COUNTY
OFFICE OF TRANSPORTATION MANAGEMENT
Robert S. Kamm
Interim Director
RSK:gac
Attachment
CHARLES J. ROBERTS ROGER W. DOBSON ANDREA DERATANY SUE SCHMITT THAD ALTMAN W. E. CURPHEY R. C. WINSTEAD. JR.
District 1 District 2 District 3 District 4 District 5 COUnty Attorney Clerk
Vic. -Chairman Chairman
Meeting Type: Regular
Meeting Date: 06-19-07
AGENDA
Heading
Ordinances -2nd Public
R-3 Residential Zoning Districts; defining the term "resort dwelling"; defining the term "resort
Hearing
Item
6
No.
recommended by the Planning & Zoning Board
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO.04-2007, AMENDING CHAPTER 110, CLARIFYING THE
INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS,
DEFINING THE TERMS "RESORT DWELLING" AND "RESORT
CONDOMINIUM"
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider the adoption of Ordinance No. 04-2007, an ordinance of the City of Cape Canaveral,
Florida, amending Chapter 110, Zoning, of the Code of Ordinances; clarifying the intent of the R-1, R-2 and
R-3 Residential Zoning Districts; defining the term "resort dwelling"; defining the term "resort
condominium"; providing for the location and regulation of resort dwellings and condominiums under
conditions stated herein; amending the supplemental zoning district regulations to restate that any rental of a
dwelling unit shall be for a minimum of seven (7) days; providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the code; severability; and an effective date, as unanimously
recommended by the Planning & Zoning Board
Summary Explanation & Background:
The proposed ordinance will prohibit resort dwelling units and resort condominiums within the R-1, R-2 and
R-3 Residential Zoning Districts and a permitted use within the Commercial Zoning District. The proposed
ordinance establishes criteria for nonconforming use status and expiration.
Exhibits Attached:
1. Proposed Ordinance No. 04-2007
2. P&Z Board recommendation letter
3. Building Official's 05-29-07 memo for changing occupancy classification
4. City Manager's analysis of 01-05-07
5. Building Official's 03-21-07 memo on occupancy classification
6. City Planner's consistency review memo of 05-16-07
7. Notice of Intent forms
City Manager' Office
Department GRWTH MGMT/P&Z
vApe�m\myaerumey—
unin\council\meeting \zuu i qua- Iy-ul\un-zuu i.aoc
DRAFT June 14, 2007
ORDINANCE NO. 04-2007
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM "RESORT DWELLING;"DEFINING
THE TERM "RESORT CONDOMINIUM;" PROVIDING FOR
THE LOCATION AND REGULATION OF RESORT
DWELLINGS AND CONDOMINIUMS UNDER CONDITIONS
STATED HEREIN; AMENDING THE SUPPLEMENTAL
ZONING DISTRICT REGULATIONS TO RESTATE THAT
ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A
MINIMUM OF SEVEN (7) DAYS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on resort dwellings, resort condominiums, and other transient
commercial uses serve a substantial governmental interest in preserving the character and integrity
of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing
v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
category; and
WHEREAS, all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
City of Cape Canaveral
Ordinance No.04-2007
Page 1 of 10
DRAFT June 14, 2007
WHEREAS, resort dwellings and resort condominiums are not currently expressly listed as
a principle or special exception use within any zoning district; and
WHEREAS, the City Council acknowledges and recognizes that resort dwellings and resort
condominiums are separate business classifications that are licensed by the State of Florida under
chapter 509, Florida Statutes; and
WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings and
resort condominiums within a specific zoning district in order to preserve the residential character
of portions of Cape Canaveral and to protect Cape Canaveral from becoming an overwhelming
transient type community; and
WHEREAS, the City Council is aware of, and relies upon, case law precedent which holds
that a property owner does not have a vested right in zoning ordinances and that the mere purchase
of land does not create a right to rely on existing zoning. See, e.g., City of Miami Beach v. 8701
Collins Ave, 77 So. 2d 428 (1954); Epifano v. Town oflndian River Shores, 379 So. 2d 966 (Fla. 4'"
DCA 1979); and
WHEREAS, the City Council also acknowledges that transient residential uses fall under
a different occupancy classification under the Florida Building Code than other residential uses and
that more stringent building and fire code requirements exists for transient residential uses for life
safety reasons; and
WHEREAS, the City Council also finds that in accordance with section 110-121, Cape
Canaveral Code, a change in occupancy classification of a building requires that the building official
conduct an inspection of the building to determine whether it complies with applicable building code
requirements before issuing a new certificate of occupancy for the building based on the changed
occupancy classification; and
WHEREAS, while the City Council desires to afford some limited protections to property
owners that lawfully seek to use existing residential units as either a resort dwelling or resort
condominium, the City Council seeks to balance these limited protections with the City Council's
desire to protect the residential character of Cape Canaveral consistent with the City's
Comprehensive Plan and to protect the safety of transient occupants; and
WHEREAS, the City Council hereby finds that protecting the residential character of the
City of Cape Canaveral and promoting permanent residency are of paramount public importance;
and
WHEREAS, the City Council hereby also finds that the protection of transient occupants
that lease a resort dwellings and resort condominiums, by requiring property owners to demonstrate
City of Cape Canaveral
Ordinance No.04-2007
Page 2 of 10
DRAFT June 14, 2007
compliance with all applicable building and fire codes, is of paramount public importance; and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings and condominiums as an additional permitted use
in the C-1 Low Density Commercial zoning districts, provided a special exception has been granted
that would allow the construction of a residential dwelling; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows underlined type indicates additions and sttikeont
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 I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
*xx
Resort dweiiink shall mean any individually or collectively owned one -family, two-family,
three-family, or four -family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods ofless than thirty (30) days crone (1) calendar month whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods of less
than thirty (30) days or one (1) calendar month whichever is less
City of Cape Canaveral
Ordinance No.04-2007
Page 3 of 10
DRAFT June 14, 2007
Resort condominiums shall mean any unit or group of units in a condominium cooperative
or timeshare plan which is rented more than three (3) times in a calendar year for periods of less than
thirty (30) days or one (1) calendar month whichever is less or which is advertised or held out to
the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar
month, whichever is less.
ARTICLE VII. DISTRICTS
x�+
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. B welling unit tentais of iess that, se y ell days are pro' "I '- - I
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area
City of Cape Canaveral
Ordinance No.04-2007
Page 4 of 10
DRAFT June 14, 2007
See. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre-,
and dwelling airit rentals of less than seven days are expressly prohibitcd.
*xx
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
City of Cape Canaveral
Ordinance No.04-2007
Page 5 of 10
DRAFT June 14, 2007
Notwithstanding the foregoing, there shall be no more than 15 dwelling units pernet residential acre;
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
xx�
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(15) Resort dwellings or resort condominiums dulv licensed by the state provided a
special exception for a residential dwelling has been granted for the subject property.
Resort condominiums satisfying the certificate of occupancy and zoning requirements for
a hotel, motel under the City Code shall be regulated as a principle use under section 110-
332(4) Hotel, motels.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 110-485. Resort Dwellings; Resort Condominiums; Nonconforming Use Status;
Expiration.
(a) Resort dwellings and resort condominiums that are not located within a C-1 zoning
district shall be deemed a nonconforming use subject to the provisions of Chapter 110
Article V, Nonconformities of this Code provided said resort dwelling or condominium is
declared existing in accordance the terms and conditions set forth in this section
(b) In order to be declared existing under this section the owner of the resort dwelling
orresort condominium shall timely obtain a certificate ofnonconforming status from the citv
City of Cape Canaveral
Ordinance No.04-2007
Page 6 of 10
DRAFT June 14, 2007
manager as follows:
(1) The owner shall file a written notice of intent with the city manager within thirty
(30) days of June 19, 2007 which declares and registers the owner's intent to duly
license an existing dwelling unit or condominium unit as a resort dwelling or resort
condominium in accordance with applicable provisions of chapter 509 Florida
Statutes. The city manager shall promulgate a form to be used by owners for
purposes of declaring their intent under this subsection A one hundred dollar
($100.00) filing fee per unit is also hereby established and required to be paid by the
owner at the time of filing the notice of intent If the owner fails to timely file a
notice of intent within the thirty day time period for a particular dwelling or
condominium unit, the owner shall be barred from claiming nonconforming status
under this section for said unit.
(2) Except as provided in subsection (b)(5) within one (1) year of filing the notice
of intent required by subsection (b)(1) the owner shall have obtained the requisite
license from the Florida Department of Business and Professional Regulation and
certificate of occupancy from the building official for the subject dwelling or
condominium unit. Proof of the requisite licensure and certificate ofoccupancyshall
be submitted to the city manager within the one year time period and upon receipt
and verification of the same the city manager shall issue and record in the official
public records of Brevard County Florida a certificate of nonconforming status to
the owner for the subject dwelling or condominium unit If the owner fails to provide
proof of the license and certificate of occupancy within the one year time period
required by this subsection the owner shall be barred from claiming nonconforming
status under this section even though a notice of intent was filed under subsection
(b)(1).
(3) Proof of the requisite certificate of occupancy shall require the owner to
satisfactorily demonstrate to the building official compliance with all applicable
building codes and to also satisfactorily demonstrate to the fire chief compliance with
all applicable fire codes. In furtherance of this requirement the owner shall be
required to file with the building official and fire chief a life safety plan for the
subject dwelling or condominium unit within thirty (30) days following the filing of
the notice of intent required under subsection (b)(1) unless filing of the life safety
plan is otherwise required by state law. Said plan shall contain the information
deemed necessary by the building official and fire chief in order to determine
compliance with the applicable building and fire codes Upon acceptance of the life
safety plan by the building official and fire chief, the owner shall have ninety (90)
days in which to file detailed plans and specifications covering all repairs and
improvements required to demonstrate compliance with all applicable building and
City of Cape Canaveral
Ordinance No.04-2007
Page 7 of 10
DRAFT June 14, 2007
fire codes unless filing of the plans and specifications is otherwise required by state
law.
(4) The one year time period maybe extended by the building official or fire chief
for good cause shown, provided that the owner has demonstrated a good faith effort
to comply with the provisions of this section and the owner has not unlawfully used
the subject unit in violation of this section after June 19 2007
(5) A preliminary certificate of nonconforming status for a resort dwelling or resort
condominium shall be issued for a dwelling unit that has not yet been constructed
provided a site plan application for the construction of the dwelling unit has been
approved by, or filed with, the City by June 19 2007 and pursuant to subsection
(b)(1), the owner has timely filed a notice of intent with the city manager which
declares and registers the owner's intent to duly license the proposed dwelling unit
or condominium unit as a resort dwelling or resort condominium in accordance with
applicable provisions of chapter 509 Florida Statutes when the unit is constructed
However, upon issuance of a preliminary certificate of nonconforming status the
owner shall be required to comply with the following additional conditions in order
to receive a final certificate of nonconforming status:
(i) The site plan shall be required to be in full force and effect at the time a building
permit application is filed to construct the dwelling unit or condominium unit
(ii) At the time the dwelling or condominium unit receives an initial certificate of
occupancy from the building official, the unit shall meet the building and fire code
standards applicable to resort dwellings or resort condominiums; and
(iii) Within thirty (30) days of receiving a certificate of occupancy for a resort
dwelling or resort condominium unit the owner shall be required to obtain the
requisite license from the Florida Department of Business and Professional
Regulation for said unit.
If the owner constructs the units and fails to meet the aforementioned conditions the
owner shall be barred from claiming nonconforming status under this section even
though a preliminary certificate of nonconforming status was issued
(c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one (1) of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
City of Cape Canaveral
Ordinance No.04-2007
Page 8 of 10
DRAFT June 14, 2007
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's or resort
condominium's license for whatever reason, or if said license should otherwise
expire or lapse at any time for a period of time in excess of thirty (30) days
3) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire and zoning code requirements on more
than three (3) separate occasions within the previous three year period commencing
on the date that the most recent violation was cited For purposes of this subsection
the term violation shall include those violations declared by the state or the city or a
combination of violations declared by the state and city.
(d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium
in a zoning district other than C-1 (Low Density Commercial District) unless the owner has
obtained a certificate ofnonconforming status under this section. In furtherance ofthe public
health safety, and welfare of the public that occupy resort dwellings and resort
condominiums, the city manager is hereby authorized to take whatever lawful steps are
necessary, with the assistance of the building official and fire chief, to require that the
operation of a resort dwelling or resort condominium within the city is in compliance with
the city's zoning and certificate of occupancy requirements Said steps may include but are
not limited to, seeking injunctive relief in a court of competent jurisdiction
Sec. 110-486. Rental Restrictions on Dwelling Units.
It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive
days in any zoning district excluding the C-1 zoning district.
�x+
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
City of Cape Canaveral
Ordinance No.04-2007
Page 9 of 10
DRAFT June 14, 2007
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2007.
ROCKY RANDELS, Mayor
ATTEST:
For Against
Bob Hong
Leo Nicholas
Buzz Petsos
Rocky Randels
SUSAN STILLS, City Clerk C. Shannon Roberts
1"Legal Ad Published:
First Reading:
2"d Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.04-2007
Page 10 of 10
City of Cape Canaveral — Notice of intent for Resort Dwelling(s) to
obtain
A Certificate of Nonconforming Status
Resort Dwelling(s) Address:
Resort Dwelling(s) legal description of property:
Owner Name:
Owner's Mailing Address:
Contact Phone Number:
In order to obtain a Certificate of Nonconforming Status, you must first declare your intent to duly
license your dwelling unit(s) in accordance with the applicable provisions of chapter 509, Florida
Statutes.
You must file this notice on or before July 19, 2007, with a $100 filing fee for each dwelling unit.
If you fail to file a timely notice of intent, you shall be barred from claiming the "Certificate of
Nonconforming Status".
Within one (1) year of the filing of this notice of intent, you shall obtain the requisite license from the
Florida Department of Business and Professional Regulation and a new certificate of occupancy from
the Building Official.
If you fail to provide proof of the state license and new certificate of occupancy within the one
(1) year from filing of this notice, you shall be barred from claiming the "Certificate of
Nonconforming Status".
***It shall be unlawful for you to operate a resort dwelling(s) in a residential district until you
have obtained the "Certificate of Nonconforming Status".
I hereby certify that the information contained in this application is true and correct to the best of my knowledge.
Date:
Signature
Print Name
City of Cape Canaveral — Notice of intent for Resort Condominium Unit(s) to obtain
A Certificate of Nonconforming Status
Resort Condominium Unit(s) Address:
Resort Condominium Unit(s) legal description of property:
Owner Name:
Owner's Mailing Address:
Contact Phone Number:
In order to obtain a Certificate of Nonconforming Status, you must first declare your intent to duly
license your condominium unit(s) in accordance with the applicable provisions of chapter 509, Florida
Statutes.
You must file this notice on or before July 19, 2007, with a $100 filing fee for each condominium
unit.
If you fail to file a timely notice of intent, you shall be barred from claiming the "Certificate of
Nonconforming Status".
***With this filing, you shall present a copy of your condominium association documents
indicating that weekly rentals are allowed within your condominium complex.
Within one (1) year of the filing of this notice of intent, you shall obtain the requisite license from the
Florida Department of Business and Professional Regulation and a new certificate of occupancy from
the Building Official.
If you fail to provide proof of the state license and new certificate of occupancy within the one
(1) year from filing of this notice, you shall be barred from claiming the "Certificate of
Nonconforming Status".
***It shall be unlawful for you to operate a resort condominium unit(s) in a residential district
until you have obtained the "Certificate of Nonconforming Status".
I hereby certify that the information contained in this application is true and correct to the best of my knowledge.
Signature
Print Name
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Memo
Date: May 29, 2007
To: Bennett Boucher, City Manager
From: Todd Morley, Building OKficlal
RE: Procedure for changing Dec cY Classification
The attached informational handout provides, in general terms, the procedure for changing certain
`primarily permanent' residential Occupancy Classifications to a `primarily transient' residential
Occupancy Classification. This is not a `one -size -fits -all' procedure. Due to the configuration of
various elements, each change of Occupancy Classification request must be evaluated independently.
To that extent, the information is presented somewhat broadly.
As a precursor to reviewing the informational handout, I would like to re -state how we arrived here.
It was recently brought to light that several residential structures in the City of Cape Canaveral were being
used in a manner contrary to their permitted use, as recorded in City files. The Florida Building Code,
Chapter 3, establishes that there is a relationship between uses of structures and construction features. This
is the premise behind the tern `Occupancy Classification'. Due to life -safety concerns, it is illegal to use a
structure in violation of its permitted Occupancy Classification. Once such a violation is noted, code
enforcement staff will send a notice to the property owner, stating the nature of the violation.
Both the City Code Sec. 110-121 and Florida Building Code sec. 110. 1, below, address this violation
similarly:
City of Cape Canaveral Code of Ordinances Sec. 110-121. Required.
No building or structure shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be made until
the building official has issued a certificate of occupancy therefore. Issuance of a
certificate of occupancy shall not be construed as an approval of a violation of the
provisions of the city code or any other applicable law. If issuance of such certificate is
refused, the building official shall state such refusal in writing with the reason. A
temporary certificate of occupancy may be issued by the building official for a period not
exceeding six months during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may require such conditions and
safeguards as will protect the safety of the occupants and the public.
(Code 1981, § 645.07; Ord. No. 05-2006, § 2, 6-20-06)
Florida Building Code Sec. 110.1 Use and Occupancy. No building or structure shall be
used or occupied, and no change in the existing occupancy classification of a building or
structure or portion thereof shall be made until the building official has issued a certificate of
occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of other ordinances of
the jurisdiction.
Florida Building Code Section 310 defines Residential Occupancy Classifications. There are four types:
Residential
Description
Occupancy
Classification
RI
Residential occupancies where the occupants are primarily transient in nature. (Examples:
Hotels, Resort Dwellings, Resort Condominiums)
R2
Residential occupancies containing sleeping units or more than two dwelling units where
the occupants are primarily permanent in nature. (Examples: a 3 -unit townhome building,
a 24 -unit condominium)
R3
Residential occupancies where the occupants are primarily permanent in nature and not
classified as RI, R2, R4 or Institutional and where buildings do not contain more than two
dwelling units or adult and child care facilities. (Examples: a single-family residence, a
duplex)
R4
Residential occupancies arranged for residential care/assisted living facilities for up to 16
clients.
The Certificate of Occupancy issued by the building official is required to state the Occupancy
Classification. Chanaina from a permitted Occupancv Classification to a different OccuDancv
violation.
City of Cape Canaveral
Changing from Occupancy Classifications R3 to RI or from R2 to R1
Todd Maley, Bddiag Official
May 29, 2007
This informational handout is intended to inform the applicant of the typical steps necessary to change from
Occupancy Classifications R3 to RI or from R2 to Rl. The chart below describes the steps, in order, and
provides the applicable code sections and a brief description.
Step
Code Section
What does this code section require?
number
1
City code sec.
Due to life -safety concerns, it is illegal to use a structure in violation of its
110-121 and
permitted Occupancy Classification.
Florida Building
Code sec. 110.1
2
FERC sec. 801.3
If you wish to change the occupancy classification of a structure, please be
and 812.3.2
aware that alterations may be required.
In order to determine the degree of alterations required an evaluation must be
performed in accordance with the code requirements.
You may choose to perform this evaluation yourself or you may employ the
services of an appropriately licensed contractor, engineer or architect.
If the evaluation indicates that all applicable codes are already met, then no additional
aherationsarereilwed. Submit you evaluation to the building departmentforreview.
Upon the approval of the building official and the fire official, a new C.O. for the new use
maybe issued
3
FBC 105.1
If alterations are required, a building permit will be required for the
applicable altered elements. You must employ the services of an
appropriately licensed contractor to obtain the permit (owner/builder permits
are not allowed for leased property).
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
w .myflorida.com/cape • email: ccapecanaveral@cfl.rccom
4
FBC 105.3 and
Detailed construction plans, indicating all proposed work, must be submitted
106.1
along with the building permit application and any other necessary
aperwork5
paperwork-
5
FBC 105.3.1
The Building and Fire Departments will review the submittal for code
compliance. If the submittal does not conform to the requirements of
pertinent laws, the building official shall reject the application in writing,
stating the reasons therefore. The applicant may submit revisions as
necessary to comply with the requirements. If the building official is
satisfied that the proposed work conforms to the applicable laws, he shall
issue a permit therefore as soon as practicable.
6
FBC 109.3
The permit holder is responsible for ensuring that the required periodic
inspections are requested. Such work shall remain accessible and exposed
for inspection purposes until approved.
7
FBC 110.2
After final approval of all inspections, you may apply for a new Certificate
of Occupancy (C.O.) for the new use. Upon review and approval of all
pertinent documentation, and upon the approval of the fire official, the
building official shall issue the requested C.O.
City Manager's Office
Memo
To: Mayor & CityCouncil Members �,
From: Bennett Bennett Boucher, City Manag
CC: Planning & Zoning Board Me ers
Cate: 01/05/2007
Re: Resort Dwelling—Analysis of Comprehensive plan and Land Development
regulations.
I recently completed a review and analysis of the Comprehensive plan and Land
Development regulations and the following are my findings.
The comprehensive plan housing element deals mostly with affordable housing by
encouraging it and other types of housing.
If resort dwellings were an official permitted use, this could take housing Inventory out of
the market
The comprehensive pian future land use element deals mostly with protecting the
residential character of the residential zoning districts.
The City currently does not define - resort dwelling in our Land Development Regulations,
(LDR's).
These are the definitions in the City LDR code describe residential uses;
Dwelling, multiple family, means a residential building designed for or occupied by three or more
families, with the number of families in residence not exceeding the number of dwelling units
provided.
Dwelling, single-family, means a detached residential dwelling unit other than a mobile home,
designed for and uccupied by one family.
Dwelling, two family, means a detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
Dwelling unit or living unil means one room or rooms connected together, constituting a separate
_mi P_ _neipnt hnnCe1(eeujt CSt?hllCntriP.nT TAY nWnrr nn�.�munry inr rani nr 1eaco non novel. -ail.
separated from any other rooms or dwelling units which may he in the same structure and
containing independent cooking and sleeping facilities.
Family means a person or a group of persons related to each other by blood or marriage or
a group of not more than four adults who are not necessarily so related, living together
under one roof as a single household unit.
Residential district means that area set aside primarily for use as low and medium density
residential housing.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as
follows:
Single-family dwellings. In no case shall there be more than one principal structure per
lot or parcel. Dwelling unit rentals of less than seven days are prohibited_
(Code 1981, § 637.03)
Sec. 110-276. Prohibited uses and structures.
In the R-1 low density residential district, all uses not specifically or provisionally
permitted In this division and any use not in keeping with the single-family residential
character of the district, including two-family and multiple -family dwellings, townhouses
and mobile home parks, are prohibited.
(Code 1981, § 637.09)
Sec, 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures
shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling unit rentals of less than seven days are expressly
prohibited.
(Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96)
0 Page 2
Sec. 110-295. Prohibited uses and structures.
In the R-2 medium density residential district, all uses and structures not
Specifically nr provisionally permitted in this rdivision, are pron:U:ted.
(Code 1981, § 637.23)
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures
shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling unit rentals of less than seven days are expressly
prohibited.
(Code 1981, § 637.31; Ord. No. 17-96, § 2, 10-1-96)
Sec. 110-315. Prohibited uses and structures.
In the R-3 medium density residential district, all uses and structures not
specifically or provisionally permitted in this division are prohibited.
(Code 1981, § 637.37)
After you review the above, resort dwelling as defined by the State below, is not a
permitted use in any of the City's residential districts.
The state of Florida defines resort dwelling as — a resort dwelling is any individually
or collectively owned one -family, two-family, three-family, or four -family dwelling
house or dwelling unit which is rented more then three times In a calendar year for
periods of less than 30 days or 1 calendar month, whichever is less, or which is
advertised or held out to the public as a place regularly rented for periods of less
then 30 days or 1 calendar month, whichever Is less.
Additionally, (this is an important point) you can rent a unit for a week or longer under the
current code and not trip the State's definition of a "resort dwelling" and be a conforming
use. This can occur when the frequency of the rental does not meet or exceed the State's
definition.
0 Page 3
If you rented a unit that tripped the State's definition of a "resort dwelling' then you are in
violation of the City's code because this use is not defined or listed as a principal use in the
R-1, R-2 and R-3 zoning districts.
If the City were allow "resort dwellings" as a permitted use, I believe there would be
comprehensive plan consistency issues that would have to be addressed in order to allow
this type of use within the City's residential districts.
0 Page
Memo
Date. March 21, 2007
To: City Council, via Bennett Boucher, City Manager
From. Todd Morley, Building Official
RE. Change of Occupancy Classification
Please find attached an excerpt from the Florida Building Code Commentary, 2004. It is Section 304
Residential Group R
This is what I read from at the Council meeting on March 20, 2007.
USE AND OCCUPANCY CLASSIFICATION
SELF -SERVE GAS PUMPS
�0 0
U u
I
tE01
0
GROCERIES
0
CASHIER
Figure 309.1(2)
GROUP M—SELF-SERVICE GAS STATION
`NO CAR REPAIR IS 13ONE
Table 307.7(1) and Note b of Table 307.7(2). These
provisions give the quantity limitations forspecific high -
hazard products in mercantile display areas, including
medicines, foodstuffs, cosmetics and alcoholic bever-
ages,
Without this option, many mercantile occupancies
could technically be classified as Group H. The in-
creased quantifies of certain hazardous materials are
based on the recognition that, while there is limited risk
in mercantile occupancies, the packaging and storage
arrangements can be controlled. For further informa-
tion on the storage limitations required for these types
of materials in mercantile'occupencies, see the Florida
Fire Prevention Code.
SECTION 310
RESIDENTIAL GROUP R
310.1 Residential Group R. Residential Group R includes,
among others, the use of a building or structure, or a portion
thereof, for sleeping purposes when not classified as an Insti-
tutional Group 1. Residential occupancies shall include the fol-
lowing:
R-1 Residential occupancies where the occupants are pd-
.marily transient in namre, including: .
oarding houses (transient)
Hotels (transient)
Motels (transient) '
R-2 Residential occupancies containing sleeping units or
more than two dwelling units where the occupants are
primarily ermanent. in nature, including:
parlment houses
3-48
Boarding houses (not transient)
Convents.
Dormitories
Fraternities and sororities
Monasteries
Vacation timeshare properties
Hotels (nontransient)
Motels (nontransient)
R-3 Residential
not contain
or adult and child care facilities that provide accomn
dations for five or fewerpersons of any age for less thai
24 hours. Adult and child care facilities that are within
a single-family home are permitted to comply with tQ
i'wiiu'a yIdldatg Code, Residential in accordance wld
Section 101.2. R-4 Residential occupancies shall iu
elude buildings arranged. for occupancy as residential
carelassisted living facilities including more than fiti
but not more than 16 occupants, excluding staff.
R-4 Residential occupancies shall . include buildinel
arranged for occupancy as residential' carer
sisted living facilities including more than fine
but not more than 16 occupants, excluding stat
Group R-4 occupancies shall meet the requiremerffi
for construction as defined for Group R-3 except as oth-
erwise provided for in this code or shall comply with de
Florida Building Code, Residential in accordance wid
Section 101.2.
Residential occupancies represent some of the high.
2004 FLORIDA BUILDING CODE® COMMENTA .Y
est fire safety risks of any of the occupancies listed in
Chapter 3. There are several reasons for this condi-
tion:
Structures in the residential occupancy house the
widest range of occupant types, i.e., infants to the
aged, for the longest periods of time. As such,
residential occupancies are more susceptible to
the frequency of careless acts of the occupants;
therefore, the consequences of exposure to the
effects of fire are the most serious.
Most residential occupants are asleep approxi-
mately one-third of every 24-hour period. When
sleeping, they are not likely to become immedi-
ately aware of a developing fire- Also, if awakened
from sleep by the presence of fire, the residents
often may not immediately react in a rational man-
ner and delay their evacuation.
The fuel lead in residential occupancies is often
quite high, both in quantity and variety. Also, in
the construction of residential buildings, It is com-
mon to use extensive amounts of combustible
materials.
Another portion of the fire problem in residential
occupancies relates to the occupants' lack of vigi-
lance in the prevention of fire hazards. In their
own domicile or residence, people tend to relax
and are often prone to allow fire hazards to go
unabated, thus, in residential occupancies, fire
hazards tend to accrue over an extended period
of time and go unnoticed or are ignored.
Most of the nation's fire problems occur in Group R
'`buildings and, in particular, one- and two-family dwell.-
-..Jngs, which account for more than 80 percent of all
,,.deaths from fire in residential occupancies and about
'two-thirds of all fire fatalities in all occupancies. One
and two-family dwellings also account for more than
`80 percent of residential property losses from fire and
more than one-half of all property losses from fire.
Because of the relatively high fire risk and poten-
bal for loss of life in buildings classified in Groups R-1
(hotels and motels) and R-2 (apartments and donni-
tories), the code has stringent provisions for the pro-
tection of life in these occupancies. Group R-3 occu-
pancies, however, are not generally considered to be
,in the same domain and, thus, are not subject. to the
Same level of regulatory control as is provided in other
occupancies, Group R-3 facilities are one- or two-fam-
ily dwellings where the occupants are generally more
familiar with their surroundings, and, because they are
single units or duplexes, tend to pose a lower risk of
injury or death.
Due to the growing trend to care for people in a resi-
dential environment, residential care/assisted living fa-
cilities are also classified as Group R. Specifically, these
facilities are classified as Group R-4. "Mainstreaming"
.people who are recovering from alcohol or drug addic-
BUILDING CODE® COMMENTARY
USE AND OCCUPANCY CLASSIFICATION
tion and people who are developmentally disabled is
reported to have therapeutic and social benefits. A resi-
dential environment often fosters this mainstreaming.
Buildings in Group R are described herein. A build -
Ing or part of a building is considered to be a residen-
tial occupancy if it is intended to be used for sleeping
accommodations (including residential carelassisted
living facilities) and is not an institutional occupancy.
Institutional occupancies are similar to residential oc-
vv. ..... ii —y Vti YZ, IIuvv Oyzi, Mey Uorrelentialed
from each other in that institutional occupants are in
a supervised environment, and, in the case of Groups
1-2 and 1-3 occupancies, are under some form of re-
straint or physical limitation that makes them incapable
of complete self-preservation. The number of these oc-
cupants who are under supervision or are incapable of
self-preservation is the distinguishing factor for being
classified as an Institutional or residential occupancy -
The term "Group R" refers collectively to the four in-
dividual residential occupancy classifications: Groups
R-1, R-2, R-3 and R-4. These classifications are differ-
entiated in the code based on the following criteria: (1)
whether the occupants are transient or nontransient in
nature; (2) the type and number of dwellings contained
in a single building and (3) the number of occupants in
the facility.
R-1: The key characteristic of Group R-1 that differenti-
ates it from other Group R occupancies is the number
of transient occupants (Le., those whose length of stay
is less than 30 days).
The most common building types classified in Group
R-1 are hotels, motels and boarding houses. Group R-
1 occupancies do not typically have cooking facilities
in the unit. When a unit is not equipped with cooking
facilities, it does not meet the definition of a "Dwelling
unit" in Section 310.2. When this occurs, such units are
treated as guestrooms for the application of code provi-
sions [see Figure 310.1(1)]. Guestrooms are required
to be separated from each other by fire partitions and
horizontal assemblies (see Section 310.3).
Other occupancies are often found in buildings clas-
sified in Group R-1. These occupanries include night-
clubs (Group A-2), restaurants (Group A-2), gift shops
(Group M), health clubs (Group A-3) and storage fa-
cilities (Group S-1). When this occurs, the building is
a mixed occupancy and is subject to the provisions of
Section 302.3.
R-2: The length of the occupants' stay plus the ar-
rangement of the facilities provided are the basic fac-
tors that differentiate occupancies classified in Group
R-2 from other occupancies in Group R. The occupants
of facilities or areas classified in Group R-2 are primar-
ily not transient, capable of self-preservation and share
their means of egress in whole or in part with other
occupants outside of their sleeping area or dwelling
unit. The separation between dwelling units must, as a
minimum, meet the requirements contained in Sections
310.3, 708.1 and 711.3. Building types ordinarily ctassi-
3-49
USE AND OCCUPANCY CLASSIFICATION
/_ mW aeorr
�`B.@'RIGIECI.W.NOgI
EIFWp�
tr9llYlYlb',fl.
Qlf SWRW/.Y
"---E%RSf�ObwY
Figure 310.1(1) ,
GROUP R-1—HOTEL
(OCCUPANTS ARE PRIMARILY TRANSIENT)
M[
ed In Group R-2 include apartments, boarding houses
(when the occupants are not transient) and dormitories
[see Figures 310.1(2) and 310.1(3)].
-Individual dwelling units in Group R-2 are either
rented by tenants or owned by the occupants. The code
does not make a distinction between either type of ten-
ancy unless the dwelling unit is located on a separate
parcel of land. When this occurs, lot lines defining the
land parcel exist and the requirements for fire separa-
tion must be met.
Dormitories are generally associated with univer-
sity or college campuses for use as student housing,
but this is changing rapidly. Many dormitories are now
being built as housing. for elderly people who wish to
live with other people their own age and who do not
need 24 -hour -a -day medical supervision. The only dif-
ference between the dormitory that has just been de-
scribed and the dormitory found on a college campus
is the age of its occupants. If the elderly people must
have 24 -hour -a -day supervision (i.e., a nurse or doctor
on the premises), the building is no longer considered
a residential occupancy but an institutional occupancy
(Group 1-2 assuming greater than five occupants) and
would have to comply with the applicable provisions of
the code.
Similar to Group R-1, individual rooms in dormitories
3.50
are also required to be separated from each othei
fire partitions and horizontal assemblies in accordar
with Sections 310.3, 708.1 and 711.3. When colle
classes are not in session, the rooms in dormito
are sometimes rented out for periods less than 30 d'.
to convention attendees and other visitors. When .d
mitories undergo this type of transient use, they rq(
closely resemble Group R-1.
Buildings containing dormitories often contain.6
er occupancies, such as cafeterias or dining rooi
(Group A-2), recreation rooms (Group A-3) and off
(Group B) or meeting rooms (Group A-3). When t
occurs, the building is considered a mixed occupe.
and is subject to the provisions of Section 302.3 [s
Figure 310.1(4)].
Townhouses are classified as R-3. Florida Statu
require that where three or more dwelling units are
tacked that they are to be considered as multifamili
the installation of sprinklers.
[houses
Group R-3 facilities include all detached one a
mily dwellings and multiple (three or more) sine
dwellings (townhouses). Those buildings thi
s stores in height are regulated by the Flor
ng Code, Residential (see Section 101.2). Tov
have to be separated by party walls (see S,
05.4.1) or by two exterior walls (see Table 602
2004 FLORIDA BUILDING CODE°
USE AND OCCUPANCY CLASSIFICATION
RT:kIN:�ilaGS 7
r
E STDR
LUNCH ROIX.1 r
' TVMEC. RWM
FIRST FLOOR
Figure 310.1(4)
GROUP R-2—DORMITORY
(OCCUPANTS PRIMARILY NOT TRANSIENT)
Buildings that are one- and two-family dwellings and
multiple single-family dwellings less than three stories
in height and which contain another occupancy.,(e.g.,
Groups R-1, R-2, 1-4, etc.) must be regulated as a
mixed occupancy in accordance with the code and are
not required to comply with the provisions of the Florida
Building Code, Residential [see Figures 310.1(5) and
310.1(6)]. In addition, all institutional facilities that ac-
commodate five or less people are to be classified as
Group R-3.
Buildings that are classified as Group R-3, while lim-
ited in height, are not limited in the allowable area per
floor as indicated in Table 503.
All dwelling units must be separated from each other
by fire partitions and horizontal assemblies(in accor-
dance with Sections 310.3, 708.1 and 711.3) unless
required to be separated by fire walls.
R-4: When a limited number of people who require per-
sonal care live in a residential environment; a facility
is no longer classified as Group 1-1 but as a residen-
tial carelassisted living facility, Group R-4. Ninety-eight
percent of households in the U.S. have less than 16 oc-
cupants, thus the limit of 16 would allow equal access
for the disabled. The number of occupants is those that
receive care and is not intended to include staff. With
the exception of height and area limitations, Group R-4
facilities must satisfy the construction requirements of
Group R-3.
352
310.2 Definitions. The following words and terms shall, for
purposes of this section and as used elsewhere in this code, h
the meanings shown herein.
Definitions of terms that are associated with the cont
of this section are contained herein. These definitic
can help In the understanding and application of
code requirements. One should keep in mind, howes
that in many cases, terms defined in the code may a
be defined by ordinances and statutes of local and st
governments. In such cases, code users must focus
the specific features that define the term relative to I
code and not its generally held meaning.
It is. important to emphasize that these terns are 1
exclusively related to this section, but are applical
everywhere the term is used in the code_ The purpc
for including these definitions within this section Is
provide more convenient access to them without hl
Ing to refer back to Chapter 2. For convenience,.the
terms are also listed in Chapter 2 with a cross refi
ence to this section.
The use and application of all defined terms, inCIL
ing those defined herein, are set forth in Section 201
BOARDING HOUSE. A building arranged or used for lodgir
for compensation, with or without meals, and not occupied as
single-family unit.
A boarding house is a structure he
boarders in which the occupants are
2004 FLORIDA BUILDING CODE°
Memorandum
Date: May 16, 2007
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
RE: Resort Dwellings and Resort Condominium Consistency with the Comprehensive
Plan
Pursuant to your request to determine if the short-term rentals are consistent with the
comprehensive plan, I have reviewed the City Attorney's Executive Summary from
March 30, 2007 and I concur with the findings that resort dwellings are not consistent
with the current Land Development Regulations. Further, they are not consistent with the
Comprehensive Plan Future Land Use Policy LU -3.1 which states:
"The City shall enforce its various ordinances which regulate the land use categories
included in the Future land use Map (Zoning Ordinance) subdivisions (Subdivision
Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic
flooding (stonnwater management Ordinance and Federal Flood Insurance Program
Regulations)".
I interpret this to mean that if a use is not consistent with the land development code, it
thus is not consistent with the Comprehensive Plan in the R-1, R-2 and R-3 land use
catergories.
Resort Dwellings and Resort Condominium land usage is regulated by Chapter 509 F.S.,
which also regulates hotel use. Hotel uses are found in the C-1 land use category and
regulated in the C-1 zoning district.
The existing uses in the R-1, R-2 and R-3 land use catergories are non -conforming uses
and would require, at a minimum, a change in the land development regulations to allow
Resort Dwellings and Resort Condominiums as either a permitted use or a permitted use
by special exception. However, Resort Dwellings and Resort Condominium are
regulated by Chapter 509 F.S. and enforced by the Department of Business &
Professional Regulation (DBPR). This suggests that Resort Dwellings and Resort
Condominiums are a business and would currently only be allowable in the C-1 district.
Rentals of 30 days or more are excluded from regulation by Chapter 509 F.S. In my
opinion they are not considered businesses.
If you have any further questions, please do not hesitate to contact me at 407-629-8880.
9J-5.023 Criteria for Determining Consistency of Land Development Regulations with the Comprehensive Plan.
A determination of consistency of a land development regulation with the comprehensive plan will be based upon the following:
(1) Characteristics of land use and development allowed by the regulation in comparison to the land use and development
proposed in the comprehensive plan. Factors which will be considered include:
(a) Type of land use;
(b) Intensity and density of land use;
(c) Location of land use;
J(d) Extent of land use; and
(e) Other aspects of development, including impact on natural resources.
(2) Whether the land development regulations are compatible with the comprehensive plan, further the comprehensive plan, and
implement the comprehensive plan. The term "compatible" means that the land development regulations are not in conflict with the
comprehensive plan. The term "further" means that the land development regulations take action in the direction of realizing goals
or policies of the comprehensive plan.
(3) Whether the land development regulations include provisions that implement objectives and policies of the comprehensive
pan that require implementing regulations in order to be realized, including provisions implementing the requirement that public
facilities and services needed to support development shall be available concurrent with the impacts of such development.
Specific Authority 163.3202(5) FS. Law Implemented 163.3194, 163.3213 FS History—New 3-21-99.
__, ___ .-- - _..
Cape Canaveral Comprehensive Plan
Future land use Element
Objective LU -3:
rage r or z
The City shall work toward the elimination or reduction of uses inconsistent with the community's
character and future land uses. The measurement of this Objective is the consistency and compatibility
of land uses within Cape Canaveral and the degree to which the following Policies are implemented.
Policy LU -3.1
The City shall enforce its various ordinances which regulate the land use categories included in the
Future land use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign
Ordinance), and areas subject to seasonal or periodic floodine (stonnwater management Ordinance and
Federal Flood Insurance Program Regulations).
Policy LU -3.2
The City shall require new development to be compatible with adjacent land uses.
Policy LU -3.3
The City shall enforce its requirements pertaining to densities and intensities of land use in each land -
use category--i.e.
*R-], Low density Residential: maximum 5.808 lots/acre.
*R-2, Medium density Residential and townhouse Apartments: maximum 15 units/acre.
*R-31 Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre.
*M-1, light industrial: maximum 4.356 lots/acre.
*C-1, ommercial: zoning regulations impose a variety of requirements, depending upon type of use.
*C_2, commercial: zoning regulations impose a variety of requirements, depending upon type of use.
PUB, Public and Recreation Facilities
CON, Conservation
Policy LU -3.4
Appropriate locations for publicsch ols should be based upon the following criteria:
http://fcn.state.fl.us/cape/CapeCode/LU-3.litin 05/16/2007
1'UC 11l:Lr. L EN UhIVLKAL
Page 1 of 1
Dwelling, mobile home, means a detached residential dwelling unit over eight feet in width,
which bears a seal from the United States department of housing and urban development, designed for
travel over highways and streets or for house accommodations or both, manufactured on an integral
chassis or undercarriage and arriving at the site where it is to be occupied, except for minor and
incidental unpacking and assembly operations, location on jacks or other temporary or permanent
foundations, connection to utilities and the like.
Dwelling, multiple -family, means a residential building designed for or occupied by three or
more families, with the number of families in residence not exceeding the number of dwelling units
r t�: ii1�.3ed.
Dwelling, single-family, means a detached residential dwelling unit other than a mobile home,
designed for and occupied by one family.
Dwelling, two-family, means a detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
Dwelling unit or living unit means one room or rooms connected together, constituting a
separate independent housekeeping establishment for owner occupancy, for rent or lease, and
physically separated from any other rooms or dwelling units which may be in the same structure and
containing independent cooking and sleeping facilities.
http://Iibraryl.municode.com/rnce/DocView/12642/l/254/255 05/16/2007
OMLULoa «. wnsucanon : view btatutes :->zUU4->ChU163->Section 3164: flsenate.gov Pagel of 3
163.3164 Local Government Comprehensive Planning and Land Development Regulation Act;
definitions. --As used in this act:
(1) "Administration Commission' means the Governor and the Cabinet, and for purposes of this
chapter the commission shall act on a simple majority vote, except that for purposes of imposing
the sanctions provided in s. 1 fi3.3-18A(11), affirmative action shall require the approval of the
Governor and at least three other members of the commission.
(2) "area" or "area of jurisdiction" means the total area qualifying under the provisions of this act,
whether this be all of the lands lying within the limits of an incorporated municipality, lands in and
adjacent to incorporated municipalities, all unincorporated lands within a county, or areas
comprising combinations of the lands in incorporated municipalities and unincorporated areas of
counties.
(3) "Coastal area' means the 35 coastal counties and all coastal municipalities within their
boundaries designated coastal by the state land planning agency.
(4) "Comprehensive plan' means a plan that meets the requirements of ss. 1.63.31.77 and 1633178.
(5) "Developer' means any person, including a governmental agency, undertaking any development
as defined in this act.
(6) "Development' has the meaning given it in s. 380...04,
(7) "Development order" means any order granting, denying, or granting with conditions an
application for a development permit.
(8) "Development permit" includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land.
(9) "Governing body" means the board of county commissioners of a county, the commission or
council of an incorporated municipality, or any other chief governing body of a unit of local
government, however designated, or the combination of such bodies where joint utilization of the
provisions of this act is accomplished as provided herein.
(10) "Governmental agency" means:
(a) The United States or any department, commission, agency, or other instrumentality thereof
(b) This state or any department, commission, agency, or other instrumentality thereof.
(c) Any local government, as defined in this section, or any department, commission, agency, or
other instrumentality thereof.
(d) Any school board or other special district, authority, or governmental entity.
(11) "Land" means the earth, water, and air, above, below, or on the surface, and includes any
improvements or structures customarily regarded as land.
(12) "Land use" means the development that has occurred on the land, the development that is
proposed by a developer on the land, or the use that is permitted or permissible on the land under
an adopted comprehensive plan or element or portion thereof, land development regulations, or a
land development code, as the context may indicate.
http://www.flsenate.gov/statuteslindex.cf n?App_mode=Display_Statute&Search string... 05/16/2007
O MLu«b M %-UMNuruuun : view statutes :>2uu4->Uhu163->8ection 3164: flsenate.gov Page 2 oi' 3
(13) "Local government" means any county or municipality
(14) "Local planning agencymeans the agency designated to prepare the comprehensive plan or
plan amendments required by this act.
(15) A "newspaper of general circulation" means a newspaper published at least on a weekly basis
and printed in the language most commonly spoken in the area within which it circulates, but does
not include a newspaper intended primarily for members of a particular professional or
occupationalgroup,. a newspaper - -
• v, .per i4hC52 pr imaii function in iv C3i: j legal n�ii."..^.i, vi a iic'rr5paper
that is given away primarily to distribute advertising.
(16) "Parcel of land" means any quantity of land capable of being described with such definiteness
that its locations and boundaries may be established, which is designated by its owner or developer
as land to be used, or developed as, a unit or which has been used or developed as a unit.
(17) "Person" means an individual, corporation, governmental agency, business trust, estate, trust,
partnership, association, two or more persons having a joint or common interest, or any other legal
entity.
(18) "Public notice" means notice as required by s. 125,66(2) for a county or by s. 16-6-011(3)(a) for
a municipality. The public notice procedures required in this part are established as minimum
public notice procedures.
(19) "Regional planning agency" means the agency designated by the state land planning agency to
exercise responsibilities under law in a particular region of the state.
(20) "State land planning agency" means the Department of Community Affairs.
(21) "Structure" has the meaning given it by s. 380.031(19).
(22) "Land development regulation commission' means a commission designated by a local
government to develop and recommend, to the local governing body, land development regulations
which implement the adopted comprehensive plan and to review land development regulations, or
amendments thereto, for consistency with the adopted plan and report to the governing body
regarding its findings. The responsibilities of the land development regulation commission may be
performed by the local planning agency.
�fr(23) "Land development regulations" means ordinances enacted by governing bodies for the
regulation of any aspect of development and includes any local government zoning, rezoning,
subdivision, building construction, or sign regulations or any other regulations controlling the
development of land, except that this definition shall not apply in s..163.321.3.
(24) "Public facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and
recreational, and health systems and facilities, and spoil disposal sites for maintenance dredging
located in the intracoastal waterways, except for spoil disposal sites owned or used by ports listed
in s. 403_021(9)(b).
(25) "Downtown revitalization" means the physical and economic renewal of a central business
district of a community as designated by local government, and includes both downtown
development and redevelopment.
(26) "Urban redevelopment" means demolition and reconstruction or substantial renovation of
existing buildings or infrastructure within urban infill areas or existing urban service areas.
http://www.flsenate.gov/statuteslindex.cfm?App_mode=Display_Statute&Search_String... 05/16/2007 '
. vusuruuon : view Statutes :->2004->Ch0163->Section 3164: flsenate.gov Page 3 of 3
(27) "Urban infill' means the development of vacant parcels in otherwise built-up areas where
public facilities such as sewer systems, roads, schools, and recreation areas are already in place
and the average residential density is at least five dwelling units per acre, the average
nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not
constitute more than 10 percent of the area.
(28) 'Projects that promote public transportation' means projects that directly affect the
provisions of public transit, including transit terminals, transit lines and routes, separate lanes for
the exclusive use of public transit services, transit stops (shelters and stations), office buildings or
projects that include fixed -rail or transit terminals as part of the building, and projects which are
transit oriented and designed to complement reasonably proximate planned or existing public
facilities.
(29) "Existing urban service area' means built-up areas where public facilities and services such as
sewage treatment systems, roads, schools, and recreation areas are already in place.
(30) "Transportation corridor management' means the coordination of the planning of designated
future transportation corridors with land use planning within and adjacent to the corridor to
promote orderly growth, to meet the concurrency requirements of this chapter, and to maintain
the integrity of the corridor for transportation purposes.
(31) "Optional sector plan" means an optional process authorized by s. 163.32 h one or
.45 in whic
more local governments by agreement with the state land planning agency are allowed h address
development -of -regional -impact issues within certain designated geographic areas identified in the
local comprehensive plan as a means of fostering innovative planning and development strategies
in s. 163.3.177(11)(a) and (b), furthering the purposes of this part and part I of chapter 380,
reducing overlapping data and analysis requirements, protecting regionally significant resources
and facilities, and addressing extrajurisdictional impacts.
http://www.flsenate.gov/statutes/index.cfm?App_mode—Display Statute&Searnh Rt,;, , AC/1 �,�
Meeting Type: Regular
Meeting Date: 06-19-07
AGENDA
Heading
Discussion
Item
7
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: FLORIDA CITIES OF EXCELLENCE AWARDS - NOMINATIONS
DEPT/DIVISION: LEGISLATIVE
Requested Action:
Mayor Pro Tem Bob Hoog requests the City Council consider nominations for the Florida Cities of
Excellence Awards.
Summary Explanation & Background:
See attached information.
Please advise.
Exhibits Attached:
Award Program Information
City ManagerWffice
Department LEGISLATIVE
ca kim\ ydoc s\admin counci meeting\2007\06-19-07\awards. doc
Houlda
Gte
9
rNI
i'
l:t
�h
1
R The Florida League of Cities is
'-,pleased to announce the fourth annual
"Florida Cities of Excellence" Award
jrogrdm. The goal of the program is to
focus public attention on the countless
good things cities do to improve the
quality of life in Florida!
Florida Cities of Excellence recognizes
and honors outstanding citizens and
city leaders, and cities for their excel-
lent, innovative programs that provide
our citizens with great public service.
Awards will be given in the following
10 categories:
► Florida City of Excellence Award
/ City Spirit Award
► Mayor of the Year
/ Council Member of the Year
/ City Clerk of the Year
/ City Attorney of the Year
/ City Manager of the Year
/ City Finance Official of the Year
► City Employee of the Year
/ City Citizen of the Year
Rules and Instructions
1. The Florida Cities of Excellence Award Program is
open to Florida cities, towns and villages that are current
members of the Florida League of Cities.
2. Nominations must be received by August 10,
2007 Send to the:
Florida League of Cities, Inc.
Attn: Florida Cities of Excellence
301 S. Bronough Street, Suite 300 (32301)
P.O. Box 1757
Tallahassee, FL 32302-1757
3. Only one nomination per packet.
4. No faxes or e-mails, please.
5. Each city may submit nominees in multiple catego-
ries; however, only one nomination per city per award
category can be accepted.
6. Winners from the 2004, 2005 and 2006 Florida
Cities of Excellence Awards programs are not eligible to.
be nominated in the same category they previously won,
but they may be nominated for other categories.
7. The nomination material for the Mayor of the Year,
Councilmember of the Year, City Employee of the Year,
City Manager of the Year, City Clerk of the Year, City
Attorney of the Year, City Finance Official of the Year,
and City Citizen of the Year categories should reflect the
nominees' exemplary efforts and service during the prior
year only (not for lifetime achievement).
8. Please submit one original nomination packet and
eight copies (including supportive information). Please do
not staple nomination packets or use presentation folders.
9. Narratives should be typed (or printed in black ink)
double-spaced on white 8-1/2" x 11" paper. No more
than 1,200 words. Please include a word count.
10. Supportive material is limited to 10 8-1/2" x 11"
pages (single -sided only).
11 . The judges reserve the right not to award a
winner in every category.
12. Finalists will be announced in early October
2007, and the awards will be presented on Friday,
November 9, 2007, at the Hyatt Regency Orlando
International Airport Hotel during the Awards Banquet.
13. Following the announcement of finalists in early
October, the contact person listed on the Nomination
Form will be asked to send a color photograph (either
hard copy or digital) of the finalist, along with a 50 word
or less summary of the narrative. This information will
be used in League publications and during the awards
banquet. In addition, for finalists in the Mayor of the Year
and Florida City of Excellence Award categories, the city
will submit a video presentation that will be featured at
the awards ceremony.
For more information, call the Florida League of Cities
at (850) 222-9684. Florida Cities of Excellence Award
brochures are also available online at www.ficities.com
under "News and Hot Links."
A list of 2006 finalists' and winners' narratives is avail-
able online at www.ficities.com/muni_winners.asp.
11
Ell
Contact Person
The following person will be the main contact if your city's nominee is selected as a finalist.
Please print or type.
Name
Title
Government
Telephone Number
E-mail
Nomination Certification
Fax
This nomination has been voted on and approved by a majority of the city
council/commission.
Signed
City Clerk
The judges will use the narrative and supportive information to select the
award winners. Nominators/nominees are asked not to contact the judges
directly.
Narrative
In the narrative, please be clear and concise, using the Award Criteria to
support the selection of your nominee. Please type (or print in black ink), up
to 1,200 words, double-spaced on white 8-1/2" x 1 1" paper.
Please include a word count:
Number of words
Supportive Information
Up to 10 pages of supportive information (newspaper clippings, photo-
graphs, letters from constituents, etc.), on 8-1/2" x 11" paper (single -sided)
may be provided. Please do not include videotapes, DVDs, CDs or Power-
Point presentations.
Submit nominations by August 10, 2007:.
Florida League of Cities, Inc.
Attn: Florida Cities of Excellence
301 S. Bronough Street, Suite 300 (32301)
P.O. Box 1757
Tallahassee, FL 32302-1757
9
Now to Enter
For each individual or city nominated, nominators must
return the enclosed nomination form, a 1,200 -word or less
narrative, and up to 10 pages of supportive information by
August 10, 2007. Each nomination submitted to the League
must be voted on by the city council/commission and pass
with a majority vote, and be certified by the city clerk (see
nomination form).
Award nominations are limited to city, town or village
governments that are members of the Florida League of
Cities and their officials, employees and residents.
Judging
There is a two-tiered judging process.
First, members of Leadership Florida and professional as-
sociations will determine award finalists. The Florida League
of Cities Executive Committee and past League officers will
determine the winners.
Judging will be based entirely on the written entry and
supportive information. Nominators/nominees are asked
not to contact the judges directly.
Announcement of Winners
Finalists will be announced in early October. Winners
will be announced at an Awards Banquet on November 9,
2007, at the Hyatt Regency Orlando International Airport
Hotel. All nominees are invited to attend the banquet.
Following the announcement of finalists in early October,
the person listed as the contact will be asked to send a
color photograph of the finalist (either hard copy or digital),
along with a 50 word or less summary of the narrative. This
information will be used in League publications and during
the awards banquet.
In addition, for finalists in the Mayor of the Year and
Florida City of Excellence Award categories, the city will
submit a video presentation that will be featured at the
awards ceremony.
Winners will:
• receive a beautiful "MUNI" award;
• be spotlighted in the banquet award program;
• be featured in a brief presentation shown during
the awards program; and
• be featured in the League's magazine, Quality Cities,
and Web site, www.flcities.com, and be featured in
articles in statewide publications (through press
announcements).
Award Criteria
For each of the following awards, please complete
the enclosed nomination form and return it to the Florida
League of Cities by August 10, 2007. Please include ad-
ditional supportive materials, such as newspaper clippings,
photographs, letters from constituents, or other items that
help document the program or person being nominated. Nc
more than 10 pages (on 8-1/2" x 1 1" paper, one-sided) of
supportive material can be accepted. Please do not staple
nomination packets or use presentation folders.
In addition, please do not include videotapes, DVDs, CDs
or PowerPoint presentations.
Florida City of Excellence Award
The Florida City of Excellence Award recognizes overall
excellence in a city government. Nominations for the award
must be made by a majority vote of the nominated city's
council/commission.
In the narrative and supportive materials, show how the
nominated city excelled in:
• Governance/Administration — efficiency; effective-
ness; performance measures
• City Leadership — a collaborative and collegial team
• Intergovernmental Cooperation — partnerships and
joint programs
• Citizen Outreach and Involvement — a sense of "city -
hood" among all parts of the city; opportunities and
encouragement for citizen participation
• Technology — implementing tools to aid employees
and citizens
• Innovative Programs and Services — reflecting the
goals and overall mission
• Fiscal Management— accountability; effective commu-
nication of the city's financial condition
City Spirit Award
The City Spirit Award will be given to a city for a specific,
single, citywide effort to successfully address a local need.
The programs nominated must have been in effect for a
minimum of one full year.
Nominations for the City Spirit Award must be made by a
majority vote of the nominated city's council/commission.
In the narrative and supportive materials, describe the
project in detail and show how it was:
2007 Florida Cities of Excellence Awards Program ► Nomination Form
Category (Please check one) See Award Criteria for more information. Please print or type. One nomination per page.
0 FLORIDA CITY OF EXCELLENCE AWARD
Name of Municipality Nominated
Nominated by
0 CITY SPIRIT AWARD
Name of Municipality Nominated
Nominated Project
Nominated by
0 MAYOR OF THE YEAR
Name of Individual Nominated
Nominated by
0 COUNCIL MEMBER OF THE YEAR
Name of Individual Nominated _
Nominated by
0 CITY EMPLOYEE OF THE YEAR
Name of Individual Nominated
Title
Nominated by
0 CITY MANAGER OF THE YEAR
Name of Individual Nominated
Nominated by
0 CITY CLERK OF THE YEAR
Name of Individual Nominated
Nominated by
0 CITY ATTORNEY OF THE YEAR
Name of Individual Nominated
Nominated by
(Name of City/Town/Village)
(Name of City/Town/Village)
(Name of City/Town/Village)
(Name of City/Town/Village)
Department
a
(Name of City/Town/Village)
(Name of City/Town/Village)
(Name of City/Town/Village)
(Name of City/Town/Village)
0 CITY FINANCE OFFICIAL (DIRECTOR OR OFFICER) OF THE YEAR
Name of Individual Nominated
Nominated by
(Name of City/Town/Village)
0 CITY CITIZEN OF THE YEAR
Name of Individual Nominated
Nominated by
(Name of City/Town/Village)
[OVER]
• Timely — Why was the project needed?
• Innovative — Is it a new program or an older program
presented in a new and exciting way?
• Effective — How did the program positively affect
your municipal residents, pull citizens together,
strengthen government relationships and inspire city
employees?
• Successful — Who benefited? Did it meet your objec-
tives? How will the project impact your city in the
future?
• Cost Effective — How much did it cost/save?
• Adaptable — Can it be adapted for use in other cities?
Mayor of the Year
Council Member of the Year
These awards will honor a mayor and council member (or
commissioner) for their outstanding civic commitment, leader-
ship, public outreach and service to the city during the past
year. Nominations for the above awards must be made by a
majority vote of the nominees' city council/commission.
In the narrative and supportive materials, show how the
mayor or council member displayed outstanding:
• Initiative
• Integrity
• Vision
• Innovation
• Leadership
• Commitment
City Employee of the Year
This award is given to a city employee for his or her
exemplary efforts on behalf of the city during the past year
Nominations for City Employee of the Year must be made
by a majority vote of the nominee's city council/commis-
sion. Any city employee is eligible for this award — regard-
less of title or full- or part-time status.
In the narrative and supportive materials, show how the
employee has displayed excellence in these areas:
• Work Performance/Productivity
• Judgment
• Initiative
• Integrity
• Dependability
• Cooperation
• Citizen Relations
Include any specific projects in which the employee went
"above and beyond" his or her duties during the past year.
City Manager of the Year
City Clerk of the Year
City Attorney of the Year
City Finance Official of the Year
These awards will be given to a city manager, city clerk,
city attorney, and city finance official (director or officer) for
their exemplary efforts on behalf of their city during the past
year. Nominations for the above awards must be made by
a majority vote of the nominees' city council/commission.
In the narrative and supportive materials, show how the
official has displayed excellence in these areas:
• Judgment
• Initiative
• Integrity
• Innovation
• Professionalism
• Commitment
• Citizen Relations
• Involvement with His or Her Respective
Professional Association
City Citizen of the Year
This award will be given to a citizen in recognition of his
or her outstanding contributions directly to the city (town or
village) government during the past year.
The narrative and supportive materials should stress how
the individual's volunteer efforts benefited the quality of life
within the city, and describe how the nominee displayed
exemplary:
• Commitment
• Support
• Skills
• Leadership
• Outreach to Other Citizens
• Desire to Make a Positive Impact in the City
Include specific projects or committees on which the vol-
unteer was involved, such as an advisory board, recreation
project, sister -city program, or strategic planning activities.
Please note that this award is not intended for volunteer
efforts for "community" charities and organizations, but for
direct, unpaid involvement with your city government and its
programs.