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HomeMy WebLinkAboutP&Z Agenda Packet 3-22-2017 PLANNING & ZONING BOARD REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE March 22,2017 6:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting,ministerial items(e.g.approval of agenda,minutes,informational items),and quasi- judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning&Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning&Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: February 22,2017 2. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 05-2017, amending the City of Cape Canaveral Comprehensive Plan Future Land Use element by establishing a policy to authorize the City Council to issue vested rights certificates to projects that exceed the current maximum residential densities—City of Cape Canaveral -Applicant. 3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 06-2017, to implement City Comprehensive Future Land Use Plan Policy LU-1.3.4; providing for an amendment to Chapter 115 of the City Code to establish a procedure and terms and conditions to grant a vested rights certificate vesting residential densities for completed condominium, townhouse or other multi-family/apartment development projects legally existing on January 1, 2016—City of Cape Canaveral -Applicant. REPORTS AND OPEN DISCUSSION: Zoning&Zoning Board—Agenda Page 2 March 22,2017 ADJOURNMENT: • Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. PLANNING& ZONING BOARD MEETING MINUTES February 22,2017 A Meeting of the Planning&Zoning Board was held on February 22, 2017 at the Cape Canaveral Public Library,201 Polk Avenue,Cape Canaveral,Florida.Vice Chairperson Lamar Russell called the meeting to order at 6:00 p.m. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Chairperson Lamar Russell Vice Chairperson Harry Pearson Dr. John Fredrickson Craig Kittleson Albert Franks, Jr. MEMBERS ABSENT Ron Friedman OTHERS PRESS Anthony Garganese= orney David Dickey + ++ ity Dev ent Director Patsy Huffman + etary PURL ' 0 None NEW BU .S: 1. A royal of FV in! Min : November 23 2016. Motion by Mr. Kittleso + e ak d by Mr. Russell to recommend approval. Vote on the motion 3� - carried unanimously. ` '4* 2. Per Section 2-171, Planning & Zoning Board shall elect a Chairperson and Vice- Chairperson, by majority vote, at the first meeting held in January, unless there is no January meeting, then the next meeting held. Motion by Mr. Dr. Fredrickson, seconded by Mr. Kittleson to re-elect John Price for Chairperson. Vote on the motion carried unanimously. Planning&Zoning Board Meeting Minutes February 22, 2017 Motion by Mr. Price, seconded by Mr. Pearson to re-elect Lamar Russell for Vice Chairperson. Vote on the motion carried unanimously. 3. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. XX-2017, Amending Chapter 98 of City Code relating to submittal and review procedures for Plats and minor plats, removing the lot split process and replacing it with a minor plat process—City of Cape Canaveral-Applicant. Staff recommended tabling this item until the next meeting once further procedural revisions have been made. City Attorney Garganese explained that Staff and the City Attorney's office are working to streamline the process and make it more efficient. The revised draft will be ready to present to Board Members before the next meeting. Motion Mr. Russell, seconded by Mr. Pearson to table this item until the next meeting. Vote on the motion carried unanimously. 4. Quasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. XX-2017, Amending Chapter 110 of City Code establishing minimum dimensions for automobile parking spaces within the City—City of Cape Canaveral- Applicant. Mr. Dickey presented Staff's report and recommended approval of Ordinance No. XX-2017 to City Council. Discussion ensued to include standards of other jurisdictions; enforcement; compact spaces; minimum standards; recommendation of sizes to be 10 feet wide; mention of Ron Friedman's email recommendation; residential/multi-family parking standards will adhere to same standard: drive aisle width determined by Fire Department and addressing residential standards at a future meeting. Motion by Mr. Pearson, seconded by Mr. Kittleson to recommend approval, but change Staff's recommendation of 9 feet wide to 10 feet. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Dr. Fredrickson referred to a letter received by Board Members from a Citizens Advocacy Group. Mr. Dickey stated a response had been prepared and sent via email to all members; a copy will be hand delivered to Dr. Fredrickson since he does not have email. Mr. Kittleson addressed vacation rentals. Mr. Dickey and City Attorney will follow up on this issue since the previous Assistant City Attorney, working on the project, is no longer working for the City/Firm. 2 Planning& Zoning Board Meeting Minutes February 22, 2017 Mr. Dickey reminded Board Members about the City's Strategic Goal Setting Retreat on March 29,2017 and invited members to attend. It is open to the public. ADJOURNMENT: Motion by Mr. Pearson, seconded by Mr. Kitticson to adjourn the meeting at 7:13 p.m. Vote on the motion carried unanimously. Approved on this day of , 2017. John Price, Chairperson Patsy Huffman, Board Secretary 3 City of Cape Canaveral Planning and Zoning Board Meeting Date: 3/22/2017 Item ' No. t . Subject: Ordinance No. 05-2017; amending the City of Cape Canaveral Comprehensive Plan Future Land Use Element by establishing a policy to authorize the City Council to issue Vested Rights Certificates vesting residential densities for certain existing condominium, townhouse, or other multi-family development projects that exceed the current maximum residential densities Department: Community Development(CD) Applicant/Owner: City of Cape Canaveral Summary: As required by Florida Growth Management legislation, the City Comprehensive Plan and Zoning Code establish maximum residential density standards for each of the City's zoning districts.Currently,the maximum density allowed in the City for residential development is 15 units per acre. However, there exists in the City approximately sixty (60) properties that exceed this standard to varying degrees (see Attachment 1). As a result, these properties are defined as non-conforming and are subject to certain Code limitations; notably, that if a non- conforming structure is destroyed(defined as damage by any means such that the cost to repair or reconstruct exceeds 50 percent of the fair market value), the structure is required to meet current codes—including density requirements of the underlying zoning district.This may result in a situation that if a non-conforming structure was destroyed, all of the units could not be rebuilt. This has resulted in underwriting issues for units for sale within the non-conforming structures. To address this situation, two ordinances have been prepared. Together these Ordinances will amend the Comprehensive Plan and Land Development Regulations(LDRs)to permit the City Council to vest preexisting residential condo, townhouse and other multi-family development projects from the maximum residential density of 15 dwelling units per acre. The enabling provision is contained in the Comprehensive Plan Ordinance (Ord. No. 05-2017) and will provide a vehicle to determine that certain residential densities(>15 du/acre)are consistent with the Comprehensive Plan without revising the current established maximum residential density limits. The second ordinance (Ord. No. 06-2017 — see Attachment 2), implements the new Comprehensive Plan policy by amending the City's LDRs by creating a process to vest eligible residential projects. These actions are being taken to preserve individual property rights and are administrative in nature(City sponsored)as many of the affected properties are separately owned. Condos appear to be the heart of the problem based upon the list of non-conforming properties prepared by the Brevard County Property Appraiser's Office. The City Manager will be required to prepare a catalog of eligible properties for the City Council's consideration before a vested rights certificate can be issued. Planning and Zoning Board Meeting Date: 03/22/2017 Ordinance No. 05-2017 Page 2 of 2 Other multi-family projects, which don't have individually owned units, may be vested at the discretion of the City Council by development agreement, if the property owner proposes a new, major redevelopment project for the subject property. As proposed, the Ordinance would award a new residential or mixed use project with up to 100 percent of the preexisting residential density, if an application is filed within 5 years of the adoption of the subject ordinance. If an application is filed between 5 and 10 years of the adoption of the subject ordinance, up to 75 percent of the preexisting residential density could be rebuilt. After 10 years, up to 50 percent of the preexisting density could be rebuilt. This section is written as an economic incentive to redevelop the subject property. The proposed Ordinances establish January 1, 2016 as the benchmark to determine which projects are eligible for vesting. Projects reviewed after this date were reviewed against the density standard of 15 units per acre established by the City Codes. Attachment: 1 —List of Non-Conforming Properties 2 - Ordinance No. 05-2017 The CD Staff recommends that the Planning and Zoning Board take the following action: Recommend approval of Ordinance No. 05-2017 to the City Council. Approved by CD Director: David Dickey -9 Date: 3/15/2017 I- z w aCondo Name Address Units TotalUnits Acres Total Acs. Density Zonin a GOLDEN GATE MANOR CONDO 202 CAROLINE ST 23 23 0.36 0.36 63.89 R-2 VICTORIAN APTS OF CAPE CANAVERAL CONDO 220 COLUMBIA DR 32 32 0.55 0.55 58.18 R-3 MANATEE CONDO 204 ADAMS AVE 12 12 0.29 0.29 41.38 R-2 THE PLAZA CONDO 221 COLUMBIA DR 129 129 2.96 2.96 43.58 R-3 SAND FIRES CONDO 405 ADAMS AVE 12 12 0.30 0.30 40.00 R-2 MAJESTIC BAY CONDO MAJESTIC BAY AVE 15 15 0.97 0.97 15.46 R-3 OCEAN ESTATES CONDO 624 MONROE AVE 18 18 0.45 0.45 40.00 R-3 CASA CANAVERAL CONDO 300 MONROE AVE 24 24 0.60 0.60 40.00 R-2 OCEAN PARK CONDO SOUTH 333 TAYLOR AVE 68 134 1.71 3.45 38.84 R-2 OCEAN PARK CONDO NORTH 350 TAYLOR AVE 66 1.74 R-2 RIDGEWOOD CONDO OF CAPE CANAVERAL 7605 RIDGEWOOD AVE 37 37 1.06 1.06 34.91 R-2 OCEAN MIST CONDO 302 LINCOLN AVE 14 14 0.41 0.41 34.15 R-2 BEACH CLUB CONDO 211 CIRCLE DR 30 30 0.85 0.85 35.29 R-2 MORGAN MANOR CONDO 7801 RIDGEWOOD AVE 35 35 1.04 1.04 33.65 R-2 CANAVERAL BREAKERS CONDO 8521 CAPE CANAV BLVD 30 30 0.88 0.88 34.09 R-2 JEFFERSON ARMS CONDO 610 JEFFERSON AVE 14 14 0.43 0.43 32.56 R-3 STARBEACH CONDO 401 MONROE AVE 68 68 2.00 2.00 34.00 R-2 TIDES INN CONDO 421 LINCOLN AVE 9 9 0.30 0.30 30.00 R-3 PEARL OF THE SEA CONDOMINIUM 7165 RIDGEWOOD AVE 16 16 0.49 0.49 32.65 R-2 SIESTA DEL MAR CONDO 430 JOHNSON AVE 23 23 0.70 0.70 32.86 R-3 BARBIZON CONDO 215 CIRCLE DR 30 30 0.90 0.90 33.33 R-2 CANAVERAL BREAKERS ANNEX APTS 8522 N ATLANTIC AVE 42 42 1.30 1.30 32.31 C-1 LAMP POST APTS CONDO 7515 RIDGEWOOD AVE 22 22 0.71 0.71 30.99 R-2 CORAL PALMS CONDO 353-355 POLK AVE 8 8 0.29 0.29 27.59 R-2 SUNRISE CONDOMINIUM APARTMENTS 7676 MAGNOLIA AVE 7 7 0.27 0.27 25.93 R-2 CANAVERAL TOWERS 7520 RIDGEWOOD AVE 89 89 2.98 2.98 29.87 R-3 SAND DUNES OCEANFRONT CONDO 425 BUCHANAN 37 37 1.43 1.43 25.87 R-3 THE WINDJAMMER CONDO 555 FILLMORE AVE 48 48 1.81 1.81 26.52 R-3 TAYLOR TERRACE CONDO 501-539 TAYLOR AVE 30 30 1.27 1.27 23.62 R-3 TREASURE ISLAND CLUB CONDO PH I 300 COLUMBIA DR 38 114 1.62 5.96 19.13 R-3 TREASURE ISLAND CLUB CONDO PH II 300 COLUMBIA DR 38 2.28 R-3 TREASURE ISLAND CLUB CONDO PH III 300 COLUMBIA DR 38 2.05 R-3 THE OAKS CONDO PH I 201 INTERNAT'L DR 12 110 0.90 7.09 15.52 C-1 m• Condo Name Address Units TotalUnits Acres Total Acs. Density Zonin THE OAKS CONDO PH II 201 INTERNAT'L DR 12 0.82 C-1 THE OAKS CONDO PH III 201 INTERNAT'L DR 12 0.54 C-1 THE OAKS CONDO PH IV 201 INTERNAT'L DR 12 0.60 C-1 THE OAKS CONDO PH V 201 INTERNATIONAL DR 12 1.04 C-1 THE OAKS CONDO PH VI 201 INTERNAT'L DR 25 1.91 R-3 THE OAKS CONDO PH VII 201 INTERNATIONAL DR 25 1.27 R-3 PUERTO DEL RIO CONDO PH 1A 8964-84 PUERTO DEL RIO DR 29 342 1.80 22.20 15.41 R-3 PUERTO DEL RIO CONDO PH 1C 8964 PUERTO DEL RIO DR 47 3.65 R-3 PUERTO DEL RIO CONDO PH 1D 8934 PUERTO DEL RIO DR 32 2.46 R-3 PUERTO DEL RIO CONDO PH 1E PUERTO DEL RIO DR 68 3.19 R-3 PUERTO DEL RIO CONDO PH 3A LAGUNA LANE 102 5.77 R-3 PUERTO DEL RIO CONDO PH 3B LAGUNA LANE 64 2.84 R-3 PUERTO DEL RIO (2430836) PUERTO DEL RIO DR 0 2.48 R-3 ATLANTIC GARDENS CONDO 8401 N ATLANTIC AVE 160 160 7.37 7.37 21.71 R-2 JOHNSON ARMS CONDO 420 JOHNSON AVE 8 8 0.42 0.42 19.05 R-3 SAND PEBBLES CONDO 550 FILLMORE AVE 30 30 1.48 1.48 20.27 R-3 BERMUDA HOUSE CONDO PH I 231 CIRCLE DR 4 10 0.31 0.65 15.38 R-2 BERMUDA HOUSE CONDO PH II 231 CIRCLE DR 6 0.34 R-2 CAPE CLUB CONDO 550 JACKSON AVE 16 17 0.80 0.80 21.25 R-3 THE CEDARS APTS CONDO 7101 RIDGEWOOD AVE 15 15 0.61 0.61 24.59 R-3 SAND REEF CONDO 6915 RIDGEWOOD AVE 22 22 0.87 0.87 25.29 R-3 SEA JADE CONDO 555 HARRISON AVE 25 25 1.32 1.32 18.94 R-3 THE VILLAGES OF SEAPORT CONDO 8850 N ATLANTIC AVE 559 559 28.85 28.85 19.38 R-2 FLORES OCEAN SUITES CONDO 443 JOHNSON AVE 15 15 0.88 0.88 17.05 R-3 CASA SERENA CONDO PH I 8523-8537 CANAV'L BLVD 8 8 0.49 0.49 16.33 R-2 CANAVERAL CIRCLE CONDO 8416 CANAVERAL BLVD 6 6 0.39 0.39 15.38 R-2 SEA JADE CONDO 555 JACKSON AVE 25 25 1.56 1.56 16.03 R-3 EBB TIDE CONDO APTS 299 E. CENTRAL BLVD 16 16 0.60 0.60 26.67 R-2 SEA SPRAY TOWNHOMES CONDO PH II, III & IV ATLANTIC AVE N 23 23 1.07 1.07 21.50 C-1 Attachment 2 ORDINANCE NO. 05-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT BY ESTABLISHING A POLICY TO AUTHORIZE THE CITY COUNCIL TO ISSUE VESTED RIGHTS CERTIFICATES VESTING RESIDENTIAL DENSITIES FOR CERTAIN EXISTING CONDOMINIUM, TOWNHOUSE, OR OTHER MULTI-FAMILY DEVELOPMENT PROJECTS THAT EXCEED THE CURRENT MAXIMUM RESIDENTIAL DENSITIES ESTABLISHED IN THE COMPREHENSIVE PLAN IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF LAND DEVELOPMENT REGULATIONS TO BE SUBSEQUENTLY ADOPTED BY THE CITY COUNCIL CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENTS. WHEREAS,section 163.3161 et.seq.,Florida Statutes(2011)established the Community Planning Act,which was formerly known as the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Community Planning Act requires each municipality in the State of Florida to prepare, adopt, and update a Comprehensive Plan;and WHEREAS, Future Land Use Policy LU-1.3.3 of the Comprehensive Plan of the City of Cape Canaveral currently provides that the maximum residential densities in the R-2 and R-3 land use categories shall be 15 units/acre;and WHEREAS, there are currently numerous lawfully approved condominium, townhouse, and other residential multi-family development projects within the City of Cape Canaveral that have residential densities that exceed the current maximum allowed residential density of 15 units/acre in the R-2 and R-3 land use categories, which residential development projects were built before the adoption of the City's Comprehensive Plan or before the adoption of the 15 unit/acre maximum density requirement;and WHEREAS, under the current Comprehensive Plan, if these noncompliant, but lawfully approved condominium,townhouse and other residential multi-family development projects,were destroyed by storm, fire or other calamity,the project property would have to likely be developed with a lower number of units in accordance with the current maximum permitted residential City of Cape Canaveral Ordinance No.05-2017 Page 1 of 5 density of 15 units/acre set forth in the City's Comprehensive Plan, and that in the case of condominiums and townhouses,the ownership of a certain number of units could be eliminated or adversely affected;and WHEREAS, the City Council hereby finds that under certain terms and conditions, providing certainty and predictability in the use and conveyance of land and interests therein,and protecting private property rights, of lawfully completed condominium, townhouse and other residential multi-family development projects serves a legitimate government interest and is in the best interests of property owners;and WHEREAS, the City Council also finds that it is an important government interest to protect the interests of private property owners that have purchased a condominium or townhome unit from loss of their respective investment in the unit solely because the unit could not be reconstructed to the residential density that was lawfully approved by the City or County on the legal basis that the lawfully approved residential density is not consistent with the City's current Comprehensive Plan;and WHEREAS, to the extent any affected condominium, townhouse, or other residential multi-family development project is within the Coastal High Hazard Area, the City's current evacuation times will not be adversely affected by adoption of this ordinance since no new development with increased density is authorized hereby;and WHEREAS,the Local Planning Agency of the City of Cape Canaveral held a duly noticed public hearing on ,2017,in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Council;and WHEREAS, the Local Planning Agency recommended the City Council transmit the subject comprehensive plan text amendment to the Florida Department of Economic Opportunity for its review and comment;and WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral,Florida;and NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Community Planning Act, Sections 163.3161 et. seq.,Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt comprehensive plan text amendments amending the text of the Future Land Use Element of the City of Cape Canaveral Ordinance No.05-2017 Page 2 of 5 City of Cape Canaveral Comprehensive Plan. The attached list of existing nonconforming residential densities is hereby expressly incorporated into the Future Land Use Element Data and Analysis Appendix of the Comprehensive Plan. Section 4. Adoption of Comprehensive Plan Text Amendments. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the City of Cape Canaveral Comprehensive Plan,Future Land Use Element,Objective LU-1.3 (underlined type indicates text being added to the Comprehensive Plan, and stfileeent type indicates text being deleted from the Comprehensive Plan): OBJECTIVE LU-1.3: 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-1.3.1: 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 flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). POLICY LU-1.3.2: The City shall require new development to be compatible with adjacent land uses. POLICY LU-1.3.3: The City shall enforce its requirements pertaining to densities and intensities of land use in each land-use category--i.e. *R-1, Low Density Residential: maximum 5.808 lots/acre. *R-2,Medium Density Residential and Townhouse Apartments: maximum 15 units/acre. *R-3,Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre. *M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Commercial: 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-1.3.4: A. For purposes of providing certainty and predictability in the use and conveyance of land and interests therein, and protecting private property rights, of completed residential condominium, townhouse projects and other multi-family development projects existing on City of Cape Canaveral Ordinance No.05-2017 Page 3 of 5 January 1,2016,the City Council shall be authorized to issue a vested rights certificate vesting the residential density of a particular existing project in accordance with the requirements and conditions established by the City Council within the City's land development regulations. B. If a vested rights certificate is granted by the City Council pursuant to this policy the residential density of the project shall be deemed vested and in compliance with the Comprehensive Plan even if such density exceeds the maximum densities set forth in POLICY LU-1.3.3. C. A vested rights certificate issued pursuant to this policy shall only be construed to vest the existing project and residential density stated in the certificate and shall not be construed as vesting the subject project regarding any other provision of the City's Comprehensive Plan,land development regulations, or Code which the project would otherwise appear to be inconsistent. D. Vested rights certificates issued pursuant to this policy shall be issued in writing and shall be executed by the Mayor upon approval by the City Council. The Mayor's signature shall be attested to by the City Clerk,who shall also emboss the certificate with the City Seal. E. Vested rights certificates approved and executed in accordance with this policy shall be recorded by the City Clerk in the Official Public Records of Brevard County, Florida. Upon being recorded,the recorded vested rights certificate may be relied upon by the current and future owner(s)and mortgage holders of the subject property. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan amendments adopted by this Ordinance, said amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan 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 Comprehensive Plan may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendment adopted by this Ordinance shall be thirty-one(31)days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to section 163.3184(3)(c), Florida Statutes. If the plan amendment is timely challenged, the plan amendment shall not become effective until the state land planning agency or the City of Cape Canaveral Ordinance No.05-2017 Page 4 of 5 Administration Commission enters a final order determining the adopted amendment to be in compliance. No development orders, development permits, or land use dependent on this plan amendment may be issued or commenced before it has become effective. After and from the effective date of this plan amendment,the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part of that plan and the plan amendment shall have the legal status of the City of Cape Canaveral Comprehensive Plan,as amended. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of , 2017. Bob Hoog,Mayor ATTEST: For Against MIA GOFORTH, Mike Brown City Clerk Robert Hoog Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE,City Attorney City of Cape Canaveral Ordinance No.05-2017 Page 5 of 5 46,11 City City of Cape Canaveral ? Planning and Zoning Board Meeting Date: 3/22/2017 Item No. 3 Subject: Ordinance No. 06-2017; to implement City Comprehensive Future Land Use Plan Policy LU-1.3.4; providing for an amendment to Chapter 115 of the City Code to establish a procedure and terms and conditions to grant a vested rights certificate vesting residential densities for completed condominium,townhouse or other multi-family/apartment development projects legally existing on January 1, 2016. Department: Community Development(CD) Applicant/Owner: City of Cape Canaveral Summary: As required by Florida Growth Management legislation, the City Comprehensive Plan and Zoning Code establish maximum residential density standards for each of the City's zoning districts.Currently,the maximum density allowed in the City for residential development is 15 units per acre. However, there exists in the City approximately sixty (60) properties that exceed this standard to varying degrees (see Attachment 1). As a result, these properties are defined as non-conforming and are subject to certain Code limitations; notably, if a non- conforming structure is destroyed(defined as damage by any means such that the cost to repair or reconstruct exceeds 50 percent of the fair market value), the structure is required to meet current codes—including density requirements of the underlying zoning district.This may result in a situation that if a non-conforming structure was destroyed, all of the units could not be rebuilt. This has resulted in underwriting issues for units for sale within the non-conforming structures. To address this situation, two ordinances have been prepared. Together these Ordinances will amend the Comprehensive Plan and Land Development Regulations(LDRs)to permit the City Council to vest preexisting residential condo, townhouse and other multi-family development projects from the maximum residential density of 15 dwelling units per acre. The enabling provision is contained in the Comprehensive Plan Ordinance (Ord. No. 05-2017—Attachment 2) and will provide a vehicle to determine that certain residential densities (>15 du/acre) are consistent with the Comprehensive Plan without revising the current established maximum residential density limits. The second ordinance (Ord. No. 06-2017), implements the new Comprehensive Plan policy by amending the City's LDRs to create a process to vest eligible residential projects. These actions are being taken to preserve individual property rights and are administrative in nature(City sponsored)as many of the affected properties are separately owned.Condos appear to be the heart of the problem based upon the list of non-conforming properties prepared by the Brevard County Property Appraiser's Office. The City Manager will be required to prepare a catalog of eligible properties for the City Council's consideration before a vested rights certificate can be issued. it yh. Planning and Zoning Board Meeting Date: 03/22/2017 Ordinance No. 06-2017 Page 2 of 2 Other multi-family projects, which don't have individually owned units, may be vested at the discretion of the City Council by development agreement, if the property owner proposes a new, major redevelopment project for the subject property. As proposed, the Ordinance would award a new residential or mixed use project with up to 100 percent of the preexisting residential density, if an application is filed within 5 years of the adoption of the subject ordinance. If an application is filed between 5 and 10 years of the adoption of the subject ordinance, up to 75 percent of the preexisting residential density could be rebuilt. After 10 years, up to 50 percent of the preexisting density could be rebuilt. This section is written as an economic incentive to redevelop qualifying properties. The proposed Ordinances establish January 1, 2016 as the benchmark to determine which projects are eligible for vesting. Projects reviewed after this date were reviewed against the density standard of 15 units per acre established by City Code. Attachment: 1 —List of Non-Conforming Properties 2-Ordinance No. 06-2017 The CD Staff recommends that the Planning and Zoning Board take the following action: 11 Recommend approval of Ordinance No. 06-2017 to the City Council. Approved by CD Director: David Dickey , Date: 3/15/2017 1 4 4 4 r, 1- z Ll = Condo Name Address Units TotalUnits Acres Total Acs. Density Zonin e GOLDEN GATE MANOR CONDO 202 CAROLINE ST 23 23 0.36 0.36 63.89 R-2 VICTORIAN APTS OF CAPE CANAVERAL CONDO 220 COLUMBIA DR 32 32 0.55 0.55 58.18 R-3 MANATEE CONDO 204 ADAMS AVE 12 12 0.29 0.29 41.38 R-2 THE PLAZA CONDO 221 COLUMBIA DR 129 129 2.96 2.96 43.58 R-3 SAND FIRES CONDO 405 ADAMS AVE 12 12 0.30 0.30 40.00 R-2 MAJESTIC BAY CONDO MAJESTIC BAY AVE 15 15 0.97 0.97 15.46 R-3 OCEAN ESTATES CONDO 624 MONROE AVE 18 18 0.45 0.45 40.00 R-3 CASA CANAVERAL CONDO 300 MONROE AVE 24 24 0.60 0.60 40.00 R-2 OCEAN PARK CONDO SOUTH 333 TAYLOR AVE 68 134 1.71 3.45 38.84 R-2 OCEAN PARK CONDO NORTH 350 TAYLOR AVE 66 1.74 R-2 RIDGEWOOD CONDO OF CAPE CANAVERAL 7605 RIDGEWOOD AVE 37 37 1.06 1.06 34.91 R-2 OCEAN MIST CONDO 302 LINCOLN AVE 14 14 0.41 0.41 34.15 R-2 BEACH CLUB CONDO 211 CIRCLE DR 30 30 0.85 0.85 35.29 R-2 MORGAN MANOR CONDO 7801 RIDGEWOOD AVE 35 35 1.04 1.04 33.65 R-2 CANAVERAL BREAKERS CONDO 8521 CAPE CANAV BLVD 30 30 0.88 0.88 34.09 R-2 JEFFERSON ARMS CONDO 610 JEFFERSON AVE 14 14 0.43 0.43 32.56 R-3 STARBEACH CONDO 401 MONROE AVE 68 68 2.00 2.00 34.00 R-2 TIDES INN CONDO 421 LINCOLN AVE 9 9 0.30 0.30 30.00 R-3 PEARL OF THE SEA CONDOMINIUM 7165 RIDGEWOOD AVE 16 16 0.49 0.49 32.65 R-2 SIESTA DEL MAR CONDO 430 JOHNSON AVE 23 23 0.70 0.70 32.86 R-3 BARBIZON CONDO 215 CIRCLE DR 30 30 0.90 0.90 33.33 R-2 CANAVERAL BREAKERS ANNEX APTS 8522 N ATLANTIC AVE 42 42 1.30 1.30 32.31 C-1 LAMP POST APTS CONDO 7515 RIDGEWOOD AVE 22 22 0.71 0.71 30.99 R-2 CORAL PALMS CONDO 353-355 POLK AVE 8 8 0.29 0.29 27.59 R-2 SUNRISE CONDOMINIUM APARTMENTS 7676 MAGNOLIA AVE 7 7 0.27 0.27 25.93 R-2 CANAVERAL TOWERS 7520 RIDGEWOOD AVE 89 89 2.98 2.98 29.87 R-3 SAND DUNES OCEANFRONT CONDO 425 BUCHANAN 37 37 1.43 1.43 25.87 R-3 THE WINDJAMMER CONDO 555 FILLMORE AVE 48 48 1.81 1.81 26.52 R-3 TAYLOR TERRACE CONDO 501-539 TAYLOR AVE 30 30 1.27 1.27 23.62 R-3 TREASURE ISLAND CLUB CONDO PH I 300 COLUMBIA DR 38 114 1.62 5.96 19.13 R-3 TREASURE ISLAND CLUB CONDO PH II 300 COLUMBIA DR 38 2.28 R-3 TREASURE ISLAND CLUB CONDO PH III 300 COLUMBIA DR 38 2.05 R-3 THE OAKS CONDO PH I 201 INTERNAT'L DR 12 110 0.90 7.09 15.52 C-1 Condo Name Address Units TotalUnits Acres Total Acs. Density Zoning THE OAKS CONDO PH II 201 INTERNAT'L DR 12 0.82 C-1 THE OAKS CONDO PH III 201 INTERNAT'L DR 12 0.54 C-1 THE OAKS CONDO PH IV 201 INTERNAT'L DR 12 0.60 C-1 THE OAKS CONDO PH V 201 INTERNATIONAL DR 12 1.04 C-1 THE OAKS CONDO PH VI 201 INTERNAT'L DR 25 1.91 R-3 THE OAKS CONDO PH VII 201 INTERNATIONAL DR 25 1.27 R-3 PUERTO DEL RIO CONDO PH 1A 8964-84 PUERTO DEL RIO DR 29 342 1.80 22.20 15.41 R-3 PUERTO DEL RIO CONDO PH 1C 8964 PUERTO DEL RIO DR 47 3.65 R-3 PUERTO DEL RIO CONDO PH 1D 8934 PUERTO DEL RIO DR 32 2.46 R-3 PUERTO DEL RIO CONDO PH 1E PUERTO DEL RIO DR 68 3.19 R-3 PUERTO DEL RIO CONDO PH 3A LAGUNA LANE 102 5.77 R-3 PUERTO DEL RIO CONDO PH 3B LAGUNA LANE 64 2.84 R-3 PUERTO DEL RIO (2430836) PUERTO DEL RIO DR 0 2.48 R-3 ATLANTIC GARDENS CONDO 8401 N ATLANTIC AVE 160 160 7.37 7.37 21.71 R-2 JOHNSON ARMS CONDO 420 JOHNSON AVE 8 8 0.42 0.42 19.05 R-3 SAND PEBBLES CONDO 550 FILLMORE AVE 30 30 1.48 1.48 20.27 R-3 BERMUDA HOUSE CONDO PHI 231 CIRCLE DR 4 10 0.31 0.65 15.38 R-2 BERMUDA HOUSE CONDO PH II 231 CIRCLE DR 6 0.34 R-2 CAPE CLUB CONDO 550 JACKSON AVE 16 17 0.80 0.80 21.25 R-3 THE CEDARS APTS CONDO 7101 RIDGEWOOD AVE 15 15 0.61 0.61 24.59 R-3 SAND REEF CONDO 6915 RIDGEWOOD AVE 22 22 0.87 0.87 25.29 R-3 SEA JADE CONDO 555 HARRISON AVE 25 25 1.32 1.32 18.94 R-3 THE VILLAGES OF SEAPORT CONDO 8850 N ATLANTIC AVE 559 559 28.85 28.85 19.38 R-2 FLORES OCEAN SUITES CONDO 443 JOHNSON AVE 15 15 0.88 0.88 17.05 R-3 CASA SERENA CONDO PHI 8523-8537 CANAV'L BLVD 8 8 0.49 0.49 16.33 R-2 CANAVERAL CIRCLE CONDO 8416 CANAVERAL BLVD 6 6 0.39 0.39 15.38 R-2 SEA JADE CONDO 555 JACKSON AVE 25 25 1.56 1.56 16.03 R-3 EBB TIDE CONDO APTS 299 E. CENTRAL BLVD 16 16 0.60 0.60 26.67 R-2 SEA SPRAY TOWNHOMES CONDO PH 11, 111 & IV ATLANTIC AVE N 23 23 1.07 1.07 21.50 C-1 Attachment 2 ORDINANCE NO. 06-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA ADOPTED TO IMPLEMENT CITY COMPREHENSIVE PLAN FUTURE LAND USE POLICY LU-1.3.4; PROVIDING FOR AN AMENDMENT TO CHAPTER 115 OF THE CITY CODE TO ESTABLISH A PROCEDURE AND TERMS AND CONDITIONS UNDER WHICH THE CITY COUNCIL WILL DETERMINE WHETHER TO GRANT AND ISSUE A VESTED RIGHTS CERTIFICATE VESTING THE RESIDENTIAL DENSITIES OF A COMPLETED RESIDENTIAL CONDOMINIUM, TOWNHOUSE OR OTHER MULTI- FAMILY/APARTMENT DEVELOPMENT PROJECTS LEGALLY EXISTING ON JANUARY 1,2016; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City of Cape Canaveral 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,pursuant to City of Cape Canaveral Ordinance No.XX-2017,the City Council adopted the City's Comprehensive Plan, Future Land Use Element, POLICY LU-1.3.4, for purposes of providing certainty and predictability in the use and conveyance of land and interests therein,and protecting private property rights, of legally existing and completed residential condominium and townhouse projects and other multi-family/apartment development projects legally existing on January 1,2016;and WHEREAS, POLICY LU-1.3.4 requires the City Council to adopt land development regulations to implement the Policy; and WHEREAS,the City Council desires to adopt the land development regulations contained in this Ordinance for purposes of implementing POLICY LU-1.3.4;and WHEREAS, the City Council also finds that it is an important government interest to protect the interests of private property owners that have purchased a condominium or townhome unit from loss of their respective investment in the unit solely because the unit could not be reconstructed to the residential density that was lawfully approved by the City or County on the legal basis that the lawfully approved residential density is not consistent with the City's current Comprehensive Plan; and WHEREAS, to the extent any affected condominium, townhouse, or other residential multi-family development project is within the Coastal High Hazard Area, the City's current evacuation times will not be adversely affected by adoption of this Ordinance since no new development with increased density is authorized hereby; and WHEREAS,the City Council recognizes that the planning and preparation of Ordinances XX-2017 and XX-2017 commenced by staff on or about January 1, 2016, and that date will be City of Cape Canaveral Ordinance No.06—2017 Page 1 of 8 used as benchmark for determining which preexisting residential condominium, townhouse, and other multi-family development projects are eligible to apply for vesting under this Ordinance;and WHEREAS, based on information provided by City staff, the City Council hereby finds that no residential condominium, townhouse, and other multi-family development projects were approved by the City in excess of the maximum 15 dwelling units per acre set forth under Future Land Use Policy LU-1.3.3 after January 1, 2016, and therefore, it is not necessary for this Ordinance to address such projects developed after said date;and WHEREAS,the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on , and said Board has recommended approval of the amendments to the City Code; and WHEREAS,the City Council of the City of Cape Canaveral,hereby finds this Ordinance to be in the best interests of the public health,safety,and welfare of the citizens of Cape Canaveral. NOW,THEREFORE,THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to City Code. Chapter 115 of the City Code is hereby amended to create a new Article II, Residential Densities, as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 115. It is intended that the text in Chapter 115,denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 115—VESTED RIGHTS ARTICLE II:RESIDENTIAL DENSITIES Sec. 115-14. Purpose and Intent. fa) The city council recognizes that there are a number of residential condominium,townhouse, and other multi-family/apartment development projects legally existing within the City of Cape Canaveral on January 1,2016 that have approved and permitted residential densities greater than the maximum residential densities authorized by the current comprehensive plan of the city. (b) This article is adopted pursuant to the City's Comprehensive Plan, Future Land Use Element, POLICY LU-1.3.4,for purposes of providing certainty and predictability in the use and conveyance of land and interests therein, and protecting private property rights, of legally existing and completed residential condominium and townhouse projects legally existing on January 1,2016. City of Cape Canaveral Ordinance No.06—2017 Page 2 of 8 (c) This article shall provide the procedure and terms and conditions under which the city council will determine whether to grant and issue a vested rights certificate vesting the residential densities of a completed residential condominium and townhouse projects legally existing on January 1,2016. (d) In addition, this article shall also provide a procedure and terms and conditions under which the city council may, in certain limited cases authorized herein for redevelopment projects, grant and issue a vested rights certificate vesting the residential densities of other multi-family/apartment development projects legally existing on January 1,2016. (e) Any vested rights certificate granted and issued by the city council pursuant to this article shall vest the residential density of the subject project regarding any other provision of the City's comprehensive plan,land development regulations,or code which the project would otherwise appear to be inconsistent. Sec. 115-15. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Comprehensive plan shall mean the comprehensive plan for the City of Cape Canaveral, in accordance with the Community Planning Act (Section 163.3161 et. seq., Florida Statutes), as such plan may be amended from time to time. Condominium means that form of ownership of real property created pursuant to chapter 718, Florida Statutes, which is comprised entirely of units that may be owned by one or more persons, and in which there is,appurtenant to each unit,an undivided share in common elements. Existing Residential Condominium or Townhouse Project shall mean a residential condominium or townhouse project lawfully permitted within the City of Cape Canaveral that is legally existing on January 1,2016. Density means the number of legally permitted dwelling units within an existing development project/parcel,calculated in units per acre. Other multi-family/apartment development project means a multi-family residential development consisting of one or more buildings with two or more single-family dwelling units, any of which are intended for use as a private temporary residence,which are typically rented to a person(s)as an apartment, not including condominiums or townhouses or units that are intended primarily for commercial or industrial use. Residential condominium project means a condominium consisting of two or more dwelling units, any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial. Residential townhouse project means one or more buildings consisting of two or more single-family dwelling units not exceeding three stories in height which is constructed in a series or group of attached units with property lines separating such units.Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls meeting the requirements City of Cape Canaveral Ordinance No.06—2017 Page 3 of 8 for zero clearance from property lines as required by the type of construction and fire protection requirements;or shall be separated by a party wall. Each townhouse unit shall have a separate unit owner. Unit owner or owner of a unit means a record owner of legal title to a condominium or townhouse unit. Sec. 115-16 Residential Condominium or Townhouse Projects. (a) By [INSERT DATE FOR STAFF TO COMPLETE CATALOG OF PROPERTIES],2017. the city manager shall present to the city council a written catalog of legally existing residential condominium or townhouse projects located within the City that have a residential density greater than the maximum density allowed under Comprehensive Plan,Future Land Use Element,POLICY LU-1.3.3. The catalog shall contain the following information regarding each project: (1) The name of the project; (2) The street address of the project; (3) A current photograph of the project inclusive of all existing buildings; (4) The legal description for the property/parcel; 15) The number of acres of the project/parcel; (6) The number of residential condominium or townhouse units and each unit number; (7) The density of the project stated in units per acre; (8) The name and address of the condominium or homeowners' association including the contact person and/or management company:, (9) The name and address of each unit owner of the project; (10)A statement providing the factual basis upon which the city manager believes that the project's residential density should be vested pursuant to this article; (11) Any supporting information, including development orders and permits, contracts, letters, appraisals,reports,or any other documents.items or things upon which the city manager believes is necessary to demonstrate that a residential project should be vested pursuant to this article, if necessary;and (12)Any other information reasonably required by the city council. (b) Upon review of the catalog presented by the city manager in accordance with subsection(a),the city council shall issue a preliminary determination as to which residential projects listed in the catalog should have their residential density finally considered by the city council,at an advertised public hearing, for vesting pursuant to this article. (c) Upon issuing the preliminary determination,the city attorney shall prepare a resolution proposing to vest the residential density of the residential projects which were preliminarily determined by the city council to warrant vesting under this article. The resolution shall be in a form approved by the city attorney consistent with the intent and purpose of this article. (d) The proposed resolution shall be considered for adoption by the city council at a public hearing. At least ten(10)days prior to the public hearing,the city manager shall publicly notice the resolution and public hearing in a newspaper of general circulation. The notice shall contain,at a minimum,the resolution title,a list of residential condominium or townhouse projects that are subject to the resolution.and the date, time, and location of the public hearing. In addition,the city manager shall provide written notice of the resolution and public hearing to the applicable condominium or homeowners' association. City of Cape Canaveral Ordinance No.06—2017 Page 4 of 8 (e) At the public hearing, the city council shall accept testimony and evidence and consider the resolution prepared by the city attorney. Upon the conclusion of the public hearing,the city council shall deliberate and either approve,approve with modifications and/or conditions,or reject the resolution. (f) If the city council approves the resolution,the city manager shall have ninety(90)days to prepare a vested rights certificate for each residential condominium or townhouse project approved for vesting of residential density under the resolution. The certificate shall be in a form approved by the city attorney to allow the residential condominium or townhouse project's existing residential density to be vested and remain at or below the existing residential density for so long as the subject property remains in a condominium or townhouse form of ownership, as the case may be, notwithstanding any provision of the city's comprehensive plan or land development regulations with which the residential density would otherwise appear to be inconsistent. Each completed certificate shall be executed by the mayor and the mayor's signature shall be attested to by the city clerk,who shall also emboss the certificate with the City seal. (g) Vested rights certificates approved and executed in accordance with this article shall be recorded by the city clerk in the Official Public Records of Brevard County, Florida. Upon being recorded, the recorded vested rights certificate may be relied upon by the current and future owner(s) and mortgage holders of the subject property. (h) This section shall not be construed to vest a residential condominium or townhouse project from any provision of the city's comprehensive plan or land development regulations except for the existing residential density vested by the city council as set forth in the resolution. (i) Nothing in this section shall prohibit the unit owner(s)of the residential condominium or townhouse units to willfully and voluntarily reduce the number of residential units on the subject property or to dissolve and terminate the residential condominium or townhouse form of ownership on the subject property. However, any reduction in the number of residential units shall automatically reduce the number of vested residential units permitted on the subject property by the actual number of units reduced. In addition, the dissolution or termination of the condominium or townhouse form of ownership on the subject property shall automatically terminate the vested right certificate, and upon termination, the subject property shall be required to thereafter be in compliance with the existing residential density allowed under the comprehensive plan. Sec. 115-17 Other Multi-Family/Apartment Development Projects. (a) It is the intent and purpose of this section to provide a redevelopment incentive for properties with existing multi-family/apartment projects by providing a possible vested density bonus in excess of the maximum residential density permitted under the current comprehensive plan for new development (15 dwelling units per acre). (b) In furtherance of this incentive, an owner of a multi-family/apartment development project legally existing on January 1,2016 may apply for a vested rights certificate vesting the current residential density on the subject property in conjunction with, and conditioned upon the permitting of, a new, major residential and/or mixed use redevelopment project on the subject property approved by the City. Rehabilitation and renovation of existing structures shall not be eligible for vesting under this section. (c) The application shall be submitted for consideration to the city manager and city council in conjunction with at least a preliminary development permit application for the proposed redevelopment project and shall include the following minimum information: (1) The name of the existing project and proposed redevelopment project; (2) The street address of the project. City of Cape Canaveral Ordinance No.06—2017 Page 5 of 8 (3) A current photograph of the existing project inclusive of all existing buildings; (4) The legal description for the property/parcel; (5) The number of acres of the project/parcel; (6) The number of residential multi-family dwelling units and each unit number; (7) The density of the existing project stated in units per acre; (8) The density bonus requested for the new, major residential and/or mixed use redevelopment project; (9) The name and address of the owner of the project and/or developer including the contact person for each entity or person; (10)At a minimum,a conceptual redevelopment site plan,drawn to scale and prepared by a licensed and duly qualified engineer or architect. Said plan shall also include a comprehensive set of proposed building elevations, in color, of all proposed buildings and substantial hardscape amenities. In addition, said plan shall include a proposed construction schedule including any applicable demolition and building plan,and an estimated construction budget for all anticipated new capital in building improvements and taxable personal property; (11)Any supporting information,including development orders and permits,studies,contracts,letters., appraisals, reports, or any other documents, items or things upon which the owner and/or developer believes is necessary to demonstrate that the existing residential densities on the subject property should be vested pursuant to this article in conjunction with the completion of a new, major residential and/or mixed use project:and (12)Any other information reasonably required by the city manager and city council. (d) Upon receipt of a completed application, the application for vesting shall be processed simultaneously with the underlying development permit application for the proposed new,major residential and/or mixed use redevelopment project through the applicable city land development review process., provided said project shall be subject to the approval of a development agreement by the city council.The development agreement shall be subject to negotiation by the city and the owner/developer and shall contain the required terms and conditions of the project and the residential densities vested by the city under this section. In all cases,the residential density vested rights granted under this section shall only vest at such time the residential units are constructed and a certificate of occupancy is issued. The development agreement shall be executed by the subject property owner and the mayor and the mayor's signature shall be attested to by the city clerk,who shall also emboss the certificate with the City seal. (e) The development agreement approved and executed in accordance with this section shall be recorded by the city clerk in the Official Public Records of Brevard County,Florida. Upon being recorded, the recorded the agreement and the residential densities vested under the agreement may be relied upon by the current and future owner(s)and mortgage holders of the subject property. (f) If the completed application is filed with the city within five(5)years from the effective date of this section ( , 2017), the new, major residential and/or mixed use redevelopment project may have a maximum residential density equal to or less than 100%of the preexisting residential density. After five(5)years but no more than ten(10)years from the effective date,the maximum residential density shall not exceed fifteen(15)dwelling units per acre or 75%of the preexisting residential density,whichever is greater. After ten(10)years,the maximum residential density shall not exceed fifteen(15)dwelling units per acre or 50%of the preexisting residential density,whichever is greater. (g) This Section shall not be construed to vest a new,major residential and/or mixed use redevelopment project from any provision of the city's comprehensive plan or land development regulations except for the existing residential density vested by the city council as set forth in the development agreement. City of Cape Canaveral Ordinance No.06—2017 Page 6 of 8 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions,alterations,and omissions,not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause,phrase,word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date.This Ordinance shall become effective immediately upon Ordinance No. XX-2017 (Comprehensive Plan Amendment) becoming effective. In the event that Ordinance No. XX-2017 is timely challenged and does not become effective, this Ordinance shall be deemed null and void at such time it is determined during said challenge that Ordinance No. XX-2017 will not become effective. No development orders, development permits, or land use dependent on this Ordinance may be issued or commenced before this Ordinance has become effective. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of ,2017. Bob Hoog,Mayor ATTEST: For Against MIA GOFORTH,CMC Mike Brown City Clerk Robert Hoog Brendan McMillin Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No.06—2017 Page 7 of 8 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE,City Attorney City of Cape Canaveral Ordinance No.06—2017 Page 8 of 8 ';i